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HomeMy WebLinkAbout06-14400 BARBARA ANN GREEN, v. SENIOR COTTAGES OF IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, LTD, t/d/b/a/ and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDCiHDI of SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUMPHREY MANAGEMENT t/d/b/a HAI MANAGEMENT, Defendants CIVIL ACTION -LAW NO. Ob /44b ~uc~Q Twr- JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Senior Cottages of Shippensburg, LTD t/d/b/a and/or a/k/a Cottages of Shippensburg, Ina 300 Dwelling Court Shippensburg, Pennsylvania 17257 HDC/HDI of Shippensburg, LLC 300 Dwelling Court Shippensburg, Pennsylvania 17257 Homes for Shippensburg, Inc. 222 Severn Avenue, Suite 1 Annapolis, Maryland 21043 Senior Cottages of America, LLC 1660 South Highway 100, Suite 122 St. Louis Park, Minnesota 554b1 HAI Management, Inc., t/d/b/a Humphrey Management 7170 Riverwood Drive Columbia, Maryland 21046 YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 345866-1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 1-800-990-9108 345866-! AVLSO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dial a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensation reclamados por el Demandante. LISTED PUEDE PERDER DEVERO, O PROPIEDADES U OTROSDERECHOSIMPORTANTESPARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI LISTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland Connty Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 1-800-990-9108 345866-1 BARBARA ANN GREEN, v. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA SENIOR COTTAGES OF SHIPPENSBURG, LTD, t/d/b/a/ and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI of SHII'PENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUMPHREY MANAGEMENT t/d/b/a HAI MANAGEMENT, Defendants CIVIL ACTION -LAW NO. U y- l y 4 b Cc uz-Q t JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Barbara Ann Green, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, P.C. and respectfully represent as follows: 1. Plaintiff, Barbara Ann Green (hereinafter referred to as "Plaintiff'), is an adult individual residing at 220 Senior Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Senior Cottages of Shippensburg, LTD, t/d!b!a and a!k/a Cottages of Shippensburg, Inc. (hereinafter referred to as "Defendants"), is a corporation, association or other duly organized entity organized and operating under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 300 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Defendant, HDC/HDI of Shippensburg, LLC, (hereinafter referred to as "Defendants") is a corporation, association or other duly organized entity operating under the 345866-/ laws of the Commonwealth of Pennsylvania, with a registered place of business located at 300 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Defendant, Homes for Shippensburg, Inc., (hereinafter referred to as "Defendants") is a corporation, association or other duly organized entity operating under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 222 Severn Avenue, Suite 1, Annapolis, Maryland 21043. 5. Defendant, Senior Cottages of America, LLC, (hereinafter referred to as "Defendants") is a corporation, association or other duly organized entity operating under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 1660 South Highway 100, Suite 122, St. Louis Park, Minnesota 55461. 6. Defendant, HAI Management, Inc., tldlbla Humphrey Management (hereinafter referred to as "Defendants") is a corporation, association or other duly organized entity operating under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 7170 Riverwood Drive, Columbia, Maryland 21046. 7. At all times material hereto, some or all of the Defendants, either individually and/or jointly and severally, owned, occupied, possessed, maintained, controlled and operated a residential complex known as the "Cottages of Shippensburg", located in Cumberland County, Pennsylvania (hereinafter referred to as "Premises"). 8. At all times material hereto, some or all of the Defendants, either individually and/or jointly and severally, were involved in the renting and/or leasing of residential dwelling units on the Premises, while having possession and control of the same. 9. At all times material hereto, Plaintiff Barbara Ann Green leased her place of residence, located in the "Cottages of Shippensburg" at 220 Senior Drive, Shippensburg, 34586b! Cumberland County, Pennsylvania 17257, from one or more of the Defendants. A copy of the Lease Agreement is incorporated herein by reference and attached hereto as Exhibit "A". 10. The Premises are advertised by some or all of the Defendants as a maintenance free living facility for elderly, handicapped and disabled persons. 11. On or about May 8, 2004, Plaintiff was walking and playing with her son on the Premises owned by some or all of the Defendants and fell on a defective sidewalk when her foot caught on a pitted, cracked and broken section of concrete on the Premises, causing her to fall to the concrete surface with resulting serious injury. 12. At the time of the fall, Plaintiff was walking and playing with her son on the sidewalk, intended for such use and open to residents and guests of the Premises. 13. At the time of Plaintiff s aforesaid fall, and at all times relevant hereto, she was a tenant at the Cottages of Shippensburg (the "Premises"), having executed a Lease Agreement on or about October 1, 2002. See Lease Agreement incorporated herein by reference and attached hereto as Exhibit "A". 14. Under the terms of the Lease Agreement entered into by Plaintiff with one or more of the Defendants, one or all of the Defendants contracted and agreed to maintain the buildings and any common areas in a decent, safe and sanitary condition in accordance with Pennsylvania Housing Codes. 15. On occasions prior to May 8, 2004, one or more of the Defendants was notified of the dangerous condition of the sidewalk that existed on the Premises. 16. The Defendants, individually and/or jointly and severally, and/or by their agents, servants, workmen and/or employees, acting within the scope of their authority, breached their duty to Plaintiff and are negligent under the Landlord and Tenant Act of 1951, as amended, and 345866-/ other applicable law by failing to satisfy their duty to employ reasonable care for the safety and maintenance of the stairways, passages, roadways and other common facilities of the Premises. COUNTI-NEGLIGENCE Barbara Ann Green v. All Defendants 17. Paragraphs 1 through 16 hereof are incorporated herein by reference as if fully set forth. 18. Defendants knew or should have known of the dangerous condition of the Premises and knew or should have expected that its tenants and guests would not discover the hazard and should have protected its tenants and guests against the hazard. 19. Defendants, individually and/or by their agents, servants, workmen and/or employees, acting within the scope of their authority, breached their legal duty to Plaintiff and were negligent in the following particulars: (a) Failing to repair the walkway/sidewalk when it was known to be in a defective condition; (b) Allowing the walkwayfsidewalk to deteriorate and become pitted, cracked and broken; (c) Failing to take the necessary protective and precautionary measures to ensure that their tenants, including Plaintiff, had a safe walkway and was not subject to a fall; (d) Failing to warn their tenants, including Plaintiff, of the dangerous condition of the walkway/sidewalk to include failing to have in place any warning signs; (e) Failing to properly inspect their walkway/sidewalk to avoid the deteriorated condition and the situation which occurred to Plaintiff; (f) Allowing the condition of the sidewalk to deteriorate on the Premises to the point that it posed a danger to tenants and guests; 345866-/ (g) Failing to fulfill the maintenance responsibilities owed to their tenants; (h) Failing to fulfill their duties to tenants under the terms of the lease and/or verbal agreements; (i) Otherwise failing to eliminate or remove the deteriorated, cracked, broken and pitted cement in the walkway/sidewalk; (j) Failing to retain, hire, contract with or otherwise have in place the necessary personnel, employees, workmen, servants, agents and/or independent contractors available to inspect and repair the walkway/sidewalk; (k) Failing to supervise employees, servants, workmen, agents, independent contractors, tenants and/or lessees to ensure that the walkway/sidewalk was in a safe condition, clear and free from hazards and/or dangerous conditions; (1) Failing to barricade, rope off or otherwise bar access to the hazardous defective and dangerous walkway/sidewalk so that tenants, including Plaintiff; did not travel on it; (m) Failing to employ the necessary maintenance personnel to attend to the walkway/sidewalk so that the dangerous condition did not exist; (n) Failing to adequately train their employees, servants, workmen, agents, independent contractors, tenants and/or lessees to ensure that the walkway/sidewalk was clear and free from hazardous and dangerous conditions and/or that other protective measures were taken to protect its tenants, including Plaintiff, from falling; (o) Hiring or retaining an employee, servant, workman, agent, independent contractor, tenant and/or lessee who was unfit or incompetent to inspect the walkwaylsidewalk and to ensure that the walkway/sidewalk was free from dangerous conditions and/or to take the other protective measures necessary to protect their tenants, including Plaintiff, from falling; (p) Failing to assist their tenants and/or guests so that they could safely traverse over the hazardous condition created by the deteriorated, cracked, pitted and broken walkway/sidewalk existing on the Premises; 345866-1 (q) Failing to properly maintain, repair and inspect their walkway/sidewalk to avoid the dangerous condition and the situation which occurred to Plaintiff, in violation of Landlord and Tenant Act and other applicable local codes and/or regulations; (r) Failing to properly maintain, repair and inspect their walkway/sidewalk to avoid the deteriorated condition and the situation that occurred to Plaintiff, in violation of the Americans with Disabilities Act; 20. A result of the negligent actions and/or inactions of the Defendants, individually, jointly and severally, as outlined in Paragraphs 19(a) through (r), the Defendants, individually, jointly and severally are in violation of the Landlord and Tenant Act and applicable local codes and/or regulations, which constitutes negligence as a matter of law or negligence per se. 21. As a result of the negligent actions and/or inactions of the Defendants, either individually and/or jointly severally, as outlined in Paragraphs 19(a) through (r), the Defendants are in violation of the Americans with Disabilities Act and other applicable local, state and federal codes and/or regulations, which constitutes negligence as a matter of law or negligence per se. 22. As a direct and proximate result of the negligence of the Defendants, Plaintiff, sustained or may sustain injuries, some of which are or may be permanent, and some of which may be an aggravation and/or exacerbation ofpre-existing conditions, which include, but are not limited to, the following: (a) Fractured right zygoma; (b) Permanent deformity of the right cheek; (c) Permanent scamng of the right cheek; (d) Discoloration of the right cheek; (e) Swelling and ecchymosis of the right maxilla and orbit; 345866-1 (f) Swelling and ecchymosis of right side of face; (g) Concussion; (h) Severe headaches; (i) Loss of consciousness; (j) Severe facial pain when attempting to chew, swallow, or talk; (k) Severe sinus pressure; (1) Lateral eyelid lacerations; (m) Permanent scarring of right eyelid; (n) Abrasions, bruising and swelling of right shoulder; (o) Right shoulder pain; (p) Abrasions, bruising and swelling of right arm; (q) Right arm pain; (r) Abrasions, bruising and swelling of right hip and leg; (s) Right hip and leg pain; (Q Abrasions, bruising and swelling of right foot; (u) Right foot pain; (v) Exacerbation and flare-up of McArdle's Disease; (w) lnjury bleeding complicated by Coumadin; (x) Worsening of depression; and (y) Back pain. 23. As a direct and proximate result of the aforesaid negligence of the Defendants, Plaintiff underwent treatment including, but not limited to, diagnostic testing, surgery and 345866-/ physical therapy sessions and other treatment for the diagnosis and care of the injuries she suffered in the fall at the Premises. 24. As a direct and proximate result of the aforesaid negligence of the Defendants, Plaintiff has suffered permanent and disfiguring scarring. 25. As a direct and proximate result of the aforesaid negligence of the Defendants, Plaintiff has suffered psychiatric and psychological injury, including but not limited to, anxiety and depression. 26. As a direct and proximate result of the aforesaid negligence of the Defendants, Plaintiff was forced to incur medical bills and expenses for the diagnosis and treatment of the injuries she has suffered and will reasonably incur in the future further medical bills and expenses for the treatment and care of her continuing injuries. 27. As a direct and proximate result of the aforesaid negligence of the Defendants, Plaintiff has suffered a past loss of earnings, loss of benefits, loss of wage earning capacity, future loss of earnings, loss of productivity and loss of household services. 28. As a direct and proximate result of the aforesaid negligence of Defendants, Plaintiff has undergone and in the future will undergo mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and a limitation in her pursuit of daily activities, all to her great loss and detriment. 29. As a direct and proximate result of the aforesaid negligence of Defendants, Plaintiff has also incurred incidental costs and expenses including, but not limited to, medications and medical appliances. 345866-/ 30. The Defendants, either individually and/or jointly and severally, and/or by their agents, servants, workmen and/or employees, acting within the scope of their authority, breached their duty to Plaintiff and are negligent under the Landlord and Tenant Act of 1951, as amended, and other applicable law by failing to satisfy their duty to employ reasonable care for the safety and maintenance of the stairways, passages, roadways and other common facilities of the Premises. WHEREFORE, Plaintiff, Barbara Ann Green, demands judgment in her favor and against Defendants, Senior Cottages of Shippensburg, LTD, t/d/b/a Cottages of Shippensburg, Inc., HDC/HDI of Shippensburg, LLC, Homes for Shippensburg, Inc., Senior Cottages of America, LLC, Humphrey Management, t/d/b/a HAI Management, either individually and/or jointly, for the aforesaid damages in an amount within the limits of compulsory arbitration in Cumberland County, Pennsylvania, with the costs of suit, interest and/or delay damages assessed to Defendants. COUNT II -BREACH OF CONTRACT/LEASE Barbara Ann Green v. All Defendants 31. Paragraphs 1 through 30 hereof are incorporated herein by reference as if fully set forth. 32. Plaintiff entered into a residential Lease Agreement with one or more of the Defendants on or about October 1, 2002 and therea$er renewed said Lease for the rental of her apartment on the Premises. See Lease Agreement incorporated herein by reference and attached hereto as Exhibit "A". 33. Pursuant to the Lease Agreement, Plaintiff agreed to pay to Defendants the sum of $470.00 per month for the lease of her apartment on the Premises. sassas i 34. The amount of $470.00 per month paid by Plaintiff for the lease of her apartment on the Premises was unfair and unreasonable considering the living conditions Defendants provided to Plaintiff. 35. Defendants accepted payment from Plaintiff for the lease of her apartment on the Premises. 36. Plaintiff has performed any and all conditions precedent to the commencement of this action. 37. Paragraph Seven (7) of the aforementioned Lease Agreement states: "HABITABILITY: It is the responsibility of management to maintain the buildings and any common areas in a decent, safe, and sanitary condition in accordance with Pennsylvania's Housing codes." 38. Defendants failed to provide a safe, habitable and livable apartment to Plaintiff for the reasons set forth in Count I above and due to the dangerous conditions of the walking area in and around the Premises. 39. The Defendants, individually or jointly and severally, have breached their residential lease contract with the Plaintiff. 40. As a result of the aforesaid breach, Plaintiff claims the damages set forth in Count I above. 41. As a result of the negligent actions and/or inactions of the Defendants, individually, jointly and severally, as outlined in Paragraphs 19(a) through (r), the Defendants, either individually and/or jointly and severally, aze in violation of the Americans with Disabilities Act and other applicable local, state and federal codes and/or regulations, which constitutes negligence as a matter of law or negligence per se. 345866-/ 42. As a result of the negligent actions and/or inactions of the Defendants, individually, jointly and severally, as outlined in Paragraphs 19(a) through (r), the Defendants, either individually and/or jointly and severally, and/or by their agents, servants, workmen and/or employees, acting within the scope of their authority, breached their duty to Plaintiff and are negligent under the Landlord and Tenant Act of 1951, as amended, and other applicable law by failing to satisfy their duty to employ reasonable care for the safety and maintenance of the stairways, passages, roadways and other common facilities of the Premises. WHEREFORE, Plaintiff, Barbara Ann Green, demands judgment in her favor and against Defendants, Senior Cottages of Shippensburg, LTD, t/d/b/a Cottages of Shippensburg, Inc., HDC/HDl of Shippensburg, LLC, Homes for Shippensburg, Inc., Senior Cottages of America, LLC, Humphrey Management, t/dJbla HAI Management, either individually and/or jointly, for the aforesaid damages in an amount within the limits of compulsory arbitration in Cumberland County, Pennsylvania, with the costs of suit, interest and/or delay damages assessed to Defendants. COUNT III -WARRANTY CLAIM Barabara Ann Green v. All Defendants 43. Paragraphs 1 through 42 hereof are incorporated herein by reference as if fully set forth. 44. Ptaintiff entered into a residential Lease Agreement with the Defendants on or about October 1, 2002 and thereafter renewed said Lease for her apartment on the Premises. See Lease Agreement incorporated herein by reference and attached hereto as Exhibit "A". 45. Plaintiff agreed to pay and has paid the monthly sum of $470.00 to Defendants for the lease of her apartment on the Premises. 345866-I employees, acting within the scope of their authority, breached their duty to Plaintiff and are negligent under the Landlord and Tenant Act of 1951, as amended, and other applicable law by failing to satisfy their duty to employ reasonable care for the safety and maintenance of the stairways, passages, roadways and other common facilities of the Premises. 53. As a result of the breach of warranty, Plaintiff claims damages as set forth herein. WHEREFORE, Plaintiff, Barbara Ann Green, demands judgment in her favor and against Defendants, Senior Cottages of Shippensburg, LTD, t/d/b/a Cottages of Shippensburg, Inc., HDC(HDI of Shippensburg, LLC, Homes for Shippensburg, Inc., Senior Cottages of America, LLC, Humphrey Management, t/d/b/a HAI Management, either individually and/or jointly, for the aforesaid damages in an amount within the limits of compulsory arbitration in Cumberland County, Pennsylvania, with the costs of suit, interest andlor delay damages assessed to Defendants. Dated: ~ r3 ~ METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By i /~ Andre W. Norfl s Attorney LD. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17 1 1 0-03 00 (717)238-8187 Attorneys for Plaintiff 345866-/ r F `~,' ..' ~ I ~ .. .... , X~,ti,{ ~ NOTICR: PENNSYLVANIA LA41 ESTADLISIIGS RIGICPS itND OULIGA'1'IONS ROR PARTIES TO RENTAL 1,GRERMENTS. II' YOU IIAVE A QUESTION AROIIT TIIG INTRRPRG'I'A'PION OR (.L+GALITY 9F A PROV1Sb;)R OR T11I8 AGR{tRlhP,ld`i YOU MAY YIANT 'IO SEE(: ASSISTANCE GR01d A LAWYER Olt 07911iR QUAhIFIRD~PERSON. GENERAL INFORMATION; \C= ~ ~ ~~ 4ARTIES T4 TI1E LF,ASIi: The ovmer of the apartment eompiex mill be referred to ~ 'U~°tl~`= c~ 5 ~.(~(~~>-~~ ~~~~ r~ as the "Owner," and the owner's agenC vri11 be called °Management." You will be. called the "Resident" RENT BCIIEDUhES; Pursuant Co Che agreemeuCS beCi~ieen Che O~~mer and PIIFA a rental schedule has been established Ibr each unit in the development, 'Ike Owner has agreed: ~6 1, tihaC the rental oharyed for I:he uniC you will be renCing shall be ___`-~7C}.EX> 2, that a recerCifieaCion of ymir ineooie .u l] be obtained aC intervals of not less Chan one per year as required by PNFn. CONDITIOhIS OP TIIR AC,P6RddE-1P~, 1. This lease agreement °lease°~ is made C_"F~.~,, i ~ r;}ero<It between the Owner, IIAI IdANAGEidENT dad the LC 61 dCIIL~ i~p rwn r.ea.. /d n~^~ ~rj r^.~?lir-i.. 2. In consideration of lal Resident's' reprasenCations in Resident's rental application and (bl resident's payrsnt of the rent and performance of the other prnvis~ions oI the lease, the Owner leases to Itesiden~`l~~in the apartment community canmonly known as Cottages of Shippensburg, located at J06 Mweiling Conrt, , Shippensburg, PA 17251. 3, a. OCCUPANCY: The tollosring individuals will be occupying the apartmenC: NAME AGP, 1ti;LA'PIUNS4(TP S1SX ~,~'"'r~~~rci... i -nn C.~jsr_Gw _- _I-~eork'., ~- !-fin kre.:~ L- _._. C~,.n~~~- _1 _ ,' ~ :L I~_~ P. r1 ._-__ ~~~~,_^~-_ C G,. (C~ _-~_ ~_ ~- 1,~_ i'Yl r~ b. GUESTS: Resident may be periiiiCted Co have a guesC(sl visit his or her household, Ilowevnr, an adult person making reoccurring visits or one continuous visit. oC 14 days and nights in a 4S-day period 41ITIl0UT CONSENT o[ Che management will be eounted as a household member. c. UNAUTIIORI76N PCRSUNS; PIo person other Chan thoar listed above and Cheir guests may reside in the apartmenC. w> 4. a, RENT: During the term of~ thi5 Lease, Re;t:ident shall pay as rent $ t+"t~_ payable in monthly inaCallments of $ in advance on the PIP.S1' day oI each month the °due dace") beginning with Che commencement date of this Iease. If Resident does noC pay the full monthly installment of rent so Chat Management receives iC nn or before the due date, Resident shall pay Che mmithl!r installment of renC only by money order, or certified check. IE Resident dues not pay the Eull monthly installment of rent nn or before the fifth [5J day after Che due date, the resident may also be charger a LATE FEE of X25.00. hlanagemenC agrees Co accept. renttil paymenC without regard to any other charges owed by Resident to Management and to seek separate lertal remedy for Phe enJlecCion o[ any other charges which may be owing to ManagemenC by resident. Reut shall. be payable ou ar before the due date without demand by Management, No rasa AecReTnit ~~ h. CIIItNCI?S ih TEMhPI'P RCPCP~, The CenanC a<}roc;, I:haC Che amount of renC the Cenant pays may be changed upon the expiration of I:he initial Cerro of Chia agrneioenC: 1. Owner deterni,ines ChaC an inr.re.ase in rmiCr, is allowod pursuanC to Che requir~emr.ntr nE SecCion -02 of Che Infernal Revenue Code,~as aoiended; or 2. Changes in I:he Ceoants rent ire required by annual rr,cerCifir,aCion pronedures; or ), 'Phe Cenanl'. Pai1r f.o provide inforpiaCion on his~her income, family composition or~oCher Pactm;r as required by Che owner. 'the OWner agrees Co give Che 'I'enanC. aC lead 19 days advance a~riCten notice m~ anp inorease in Che TenanC's 7enC, The noCice will staCe Che aces aoiounf. Che 'PeuanC is required Co liay, I:he dace Che new amounC is ef.fecCive and the reasons Eor Che change in rent. 'I'hn noCice will also advice Che hanauC I:haC he~she may oieeC. ~aiCh Che Owner Co discuss Che rent i~hange. r,. UTIbITiliS: The renC includes Iaie Following utilities: (JNTRR~SLhILR, 792nS11 RRPoOVItI~, ResidenC is responaib,le tm' paying uCiliCy shar9es not. included in Che rent. propipf.ly whan due. 5, 'fF.RM: 9'ldn lease shalC be fo~~ a period of one year, 1i~~9inn.ing on r~c~.,~,.,zr-f~~:va.1E Che ResidenC takes possession of the apartoient prior to Chr. rooimeoeement. dace o[ I:his lease, Ilesidn.nC shall pay renC aC Che race and in tht; manner required by Chi, r; learn and such posseseioq 'ui all. of her respecCe shall be ;;object Co Che applicable provisions of Chin lease. h,ll subsequent: renewal Germs of I:his lease shall. also be for periods of one year, The rent for each subsequent period of Cenancy shall be such aoiomiC as 14enageioenC may lawfully enGablish and resident shall continue~to be subjecC to all provisions nE this ]sane, G. 40SSESSPOW~, flesi.dunY. ~thall noC be entitled Co po,^,set,sion of Che aparCmesC until ~a) ItenidenC and Management leave signed Chin lease and ~b~ Che prior Re,,^,ident has vacaCed the aparCoient and Icl ResidesC has paid Che rent for Che first month of the leave Cerro, Che Security deposit and any ocher lawful charge payable by ResideuC prior-to taking possession. IC the ResidenCis unable, to take possession aC the eommeneemenC dace o[ C.he lease ber,ause Che aparCmenC ist noC ready for arcupancy or because a~prior RoridenC i9 holding Ever or because oC any cause beyond ManagemenC's ConCrol, CUe lease Cerro will begin on die EirsC~day of. Che Eollouii~ig month provided ChaC posscasion erne be delivered Co Che Resident by that time. It possession cannot be delivered by Chat C,ime, a~ifher psrCy Co Chis lease uhsll have I:he righC Lo CerminaCe Chis lease. f ~Ll 'l, RB'I'ORPII?D CIII±CK CIIhIiGI"s; Res,idenC shall pay IdanagemenC a $r~.`3„ procnrsing charge F.or any cheek o[ Ra.aidenC which is returned because oI insufliciesC funds, a closed'accounf. or any ocher similar cause. In Che event ChaC Resident's eheck is rr,turned because of non-sutF,icienC L'unds, a closed account, or any othn~s similar cause, lanagement shall have the right P.o requite ResidnnC to pay Che mmithly insCalloienC oP renC by cash, money order, eortiliedCheek or cashier',^, eheck. "uch rent shall noC be eoaisidared paid until tY. is arf.oally received by PlanagemenC, D. RGCI?IfY'IVICh9'IOPI OG INCOME: Resident ayrees ChaC a [ecertificaCim~ of. income shall he m~uie Co the ManagemenC nineCy 190 days prior Co mie year From I:he date o;' Chis lease provided, however, Chat in any event, RosidenC shall recerCiFy his:,; or her income upon Che execnCion of sup Subsequent lease of Che aparCmenC. liesidest undersCands ChaC F'aiLree to coatply wiCh Che recertiCiraCion requiremenCS of Che RhPA, or Che transmission of false inforinaCion regarding income or othec- eligibiliCy Factors can 1ead~Co evicCien Erooi Che aparl:mrnC complex. 9. RI?NT ADJOSTP1fsM'f; ResidnnC agrees ChaC Clie mm~thly rental payment is 5ubjecC to adjustment by Management Co reflecC income changer nh.ich arc. dier.losed by any o[ P,anidenC.'s recerCCications and ResidnnC agrees Co De bound by serh adjustmenC. ManagemenC agrees Co give CliirCp (30) days wriCCmi noCice o[ any such adjunCmenC Co Che Resident, sCatinn Che amounC~of Che adjusCed monf.hlytental~which 9:he Rer,idenf. will be required Co pay, (,... 10. SRCURII'Y DISPOSI't; 1tC the name Circe Chis lease is si.gued, Resident will de osiC p ¢ Inoh Co exceed Che basic rent fqr one month) mif.h 14anagement I"security deposit"~ iahich shall be deposited in a separaCe acuounC and may be used only for the purpose pe.rmiCCed under I:he laws of the. SCate of Rennsylvania governing security depociCs, UnCil co used, the Sernril:y Deposit shall be held in aninCeresC heating account, incrust, for I:he ResidenC. Resident. must be informed, in wriCiug, of Che. name and address of the bank or savings and loan associaCion and Che a~uounC oC Che deposit uiiClifu thirCy X30] days afCer deposiC in received by landlord, InCeresl: accrued on Che security deposiC will be made available to Che ResidenC annually, le.sp a 1; handhing fee, Name of Cinaucial InsC.if.ution id whichser.uriCy deposiC +aill be held: pLLI+IIiS9' 6MIK hddreds: UnLTIMORR, h1q 21807 The fact Chat PlanagcoienC holdu Che security deposiC shall noC a[fect 4lanagemenC's rigbC Co obtain possession of Che aparCmeuC far-non-pay~ocnC of renC or for any oChsr reason perioiCCed by law, To I:he exCenC thaC Che security deposit is noC applied in. a.permiCted manner, iC shall beret.urnable Co the ResidenC, IP. 14anagemenC assesses charges Co Che secw~iCy deposiC for damage caused by Che residenC, an iCemirefl aecouuting for, dueh charges will be presented Co ResidenC unless Che resident has abandoned Cbe apurtmenC and r,annof P,e found. IiLIGIDILITY FOR IIIxSII)1?NCR IN BPAIIi'MRN'P C014R6GX 1, P;hIGIIIIbI'fY DR'I'ISRMIWh'Pl'ONG: RligibiliC}~ doCen~uuaCions will he made aC 1casC Duce each year at Che same t.imc as 4.he annual recerCifisatimi oP income, 2. INCOltids'I'ION FOR DP773kl4lpts'PION; FsILUliB '1'0 hihlRi' RRQUIRI±POiNTS; ResidenC agrees Co ,supply all requisil'.e informaCion in order for oianagemenC Co make a cedeCet+t~ination of. eligibilib~ pursuanC f.o Plll+hguideliues and sCandattis, including, buC riot. 11miCed to, veriCical.J.pn of incooie from euip]oyoimiC and all ocher sources, applicanC's financial abifiCy to me.el rental expenses, crediP. repor'CA, peior landlord referenced„ Cami.ly eompos.ifi.ou including naoies and ages of Family members, aril other pcruonal f:inanci.al daCa. Resideul: and hlanagemenC agree ChaC sho~ild 2esidenC no lmiger meet f.qe eligibility requirements ofthe project during the Cerm of the.leade agreement, Resident will be required to vasaCe Che uniC. 1. RLICIIIILPPY RRQUIRGMIitI'PS~. Resident shall meet e~ligibiliCy requirements pursuant Co PIIFh sCandards, including, bu'C uoC lisiiled Co; a, lle a very low, low income person as defiuerl by PIII+1i, b. Comply wiCh Che number o[ aul:horizerl ocaupaute per'uuiC site. as LulicaCed by the following charC~ NOMDIiR Of~ IIIiDIi00Pi5 OCCUPANT4 Pfinimum 14axiawm 6 l 2 I 1 1 1 ] .I ~~ ~ 6 9 d 11 ResidenC agrees to move Co a unit of apptoprlal:e sine if the site of his or-her household changes. c, Ile generally eapableoC °elf. mainCenauce, Co Che enteric thaC Chic requirement is noC in violaCion of federal anri sCaCC fair hauling laves. d. Possess Che legal eapar,i.ty to color .info s lease agreement, e. ne eighCr.enyears of age or older. 'I'ERMINA'1'ION OF 'PIIh AGRhGM1tGN'F Y'LRNINA'I'101~1 6Y PIhMACC14fN'P, bM1anagciaent may Carmiuate [lie lease agreesienC for the following reasons: a. failm~e to pay tenC when due under Che Cerms of I:his learn. b, failure I:o meet: eligibility requiremenCn of the projeeC. c. failure Co coioply with reoerCificatlou requirnaieuCs of the PIMA, d, tran;missioG of (also ililormation rogardiny income oc other eligib.ilitp factors to management. e. mad:iug fulnc statements in the renf.al application, E. Failure I.o roiiiply wiCh all conditions and agreemnsts conCained in phis lease. 7.. BVIC'PION; If Management CerminaCeC bhe ].case agreement, Management shall have Che right Co repossess the aparCmnnC cause Che Resident Co uacaCe Che apartmenC in the oiannes provided by the Pennsylvania Gviotion lads. I[ management is forced Co evicC Resident, Residmft shall pay ManagemenC Che expense incurred in obCaini.ng possession oC the apartment and all other damages ausCained by Manageoisnt, including aCCorneys' fees, Co Che extent permiCCetl by law and Che PRIIA~s regulaCions. 7. NO'1'ICP: TO QUIP: In compliance with Che [ennsylvan.ia LvicP.ion laves, before commencing an acCion Co repossess the apartment: From I:hr, RcaidenC,idanaggmenC. shall peovide P.aisnC viCls a Noticn P.o Quit. ,'Ppe Motien shall specify thaC the Resident shall remove Iron Che apaeCmenC wiChinthirty days Froir~ Che date oC service of Che noCice, unless Che cause for eviction is failure Co pay rent as required in this lease. IC Che cause For eviction. is ResidenC's failure to Iiay rent, I:he Notice ,hall specify Chal: the ResidonC shall reoiove iroio the aparCroent wiChin GIPTL9iN DiIYS fros~ Che dace of sereice oC F.Uc notice. 4, 'ffRMINA'fION IlY 'PhWAN'f; '1'enanC oiay CeroiinsCe P.he leave agreeiuenC prior Co expiraei.on nC its term wiCh thirty 1301 days notice Co managemenC fm' good cause such as moving t.o anotlscr 1oeaCion L'or employment, loss of job, severe illness, death of~opouse or other reasnns susCooiary or mandatory in the eomonuiity. 5. CONDGhIIVATIOFI IlY GOVICRPIIdP;N'1' AU'I'IIOIiI'fY; If any parC of Che aparCOmnl; complex is condemned by any government auChocity, then Chis lease shall CerruinaCe as of Che dace hhat possession is Caken by Che governmenCal auChoriCy, 6. ACCC:LGRATIOIV; If IdanagemenC. is forced to CerminaCs Iaie lease m' evi.et the, Cenant before Che term of Che lease expires, or if Resident. CecminaCea Y.he lease beforeils Ceroi expires niChouC good 'cause anll urithouC proper notice, Management sha1.1 have Che eight Co acceleraCe Che paymenC oP. Che renC raserved Ior tho balance of Che teroi o[ Che lease and declare said amount due and payable Co Pdanageioent, unlesa Che resident eau demonstraCe thaC:~ (1) Che reason For leaving was unlivable conditions amounEiwg Co constructive evir,Cion under f.he lain of the StaCe of. Pennsylvai+ia, or 4P,~ Che lamllord hag resented. Once a wait is resented, there is nofiu then obligaCion by Che ke(tidesC Co pay r.e'nt unless the landlord has had Co re[enC at a tourer reiU',al, Managea~enC will make eeasonab]e effocCs Co reYa~nt at the cnireuC sate, 1. AISANUDPIpIGId'f ON PRORfiR'I'Y~, Upon expiration oY Chis lease where ManagemenC has refuted for 1awGi1 reasons to cuCor info another lease with Res.ident~, or has failed for lawful reasons Co approve a month-Co-Rtonth tenancy, ~or upon lawful tersiinalios oC Che Lease Che ResidenC shall prompCly remove all personal property, If Resident. fails Jo remove personal property upon (1~ expiration of Cho lease where. Management. has refused foe lawful reasons Co ente'i~ .info another lease nr has Failed for lawful reasons Co approve a oimil:h-Co-moiu:h Cenascy, or ~2~ lawful terounation of the Lease, Chen 14anageioenC may consider any personal property left behind as abandoned i.F idanagemenC notifies ResidenC oC iCS inCent Co Creat Che property as abandoned and advises ResidenC of Che dace of disposal. of the property, 41oLice by 4lanagciitenC will be 4y mailing noCice Co the last known address of Resident and posCi,ng noCice on the aparCaienC door, Disposal of Che property will be no sooner Chan IifCeen ~15~ days af.tor the date oC ii~ailing and pasting Che notice, PlanagemenC may move~the propei~Cy Erom Che apartmenC Co another 1or,aCion prior Co Chu dace of disposal i.n order Co rerenC Che apartment. IC is agreed by ResidenC LhaC Manager shall noC. be rospanslble for damage or loss 1'o valueoF such propecCy iF idana9ement Follows the above procedure. USIS AIJU MAIN'1'ftNAnCG ef' Uhl1'1' 1. USG Of APAIi'I'PIIiN'f; a. ResidenC shall une and occupy the aparCo~ent in a clean and wl'iplesome manner and in compliance with all applicable govnenmenCal reguireaienCS including all public healCh and poling regulaCionn rn]aCing to such use and occupanc.y.CO Che Lull exCenC prescribed by l'av. h. ResidenC shall. not engage in rmy unlauiFul activiCies in Che apartment or on the premises of Che apartaienC complex, ~mr~ shall. resident permit anlar~[ul acCi~iities on Che pl~ooiiReR, c, ResidenC shall not use m' u[• e any equipmm~C ar machinery Chat is harmf,. .o the apartment or Co the apartment communiCy or ChaC is ili;Curbing Co other Cenants oI the apartment: community. d, llesidnnl: may sal: insl'.a11 a washing machine, dryer or air conditioning uniC wiChouC prior written approval of Management. e. ResidnnC sha11 not employ any percou or peraons in orahout I:he premises whose employment may by law, constitute or creaCe a liability nn the parC o[ PlanagemeuC, kesidenC shill not hire, as ResidenC's eoiployee, any'oC Poanageme.nt~s eoiployecs Co perform any services at t:he apartment communit.9, /y~ d 2. PRlvn'rtt ~I4ie6CrIiG~. Resident shall occupy the apartment f.or private daielling pnrposee only, Only those occupanC.s listed on this ]ease may reside wiPh resident piiChouC. prior approval by mauagcmenC, Resident shall not give accommodaCion to any roomers or lodgers. 7. RULL+S AND ItRGUGA'PIONO; ResidenC ahall.comply with all oP Che aCCachrd rulesand regulations governing Che apartment and the apaetarenC. co~aaumit9 and shall also comely hiith all the IhanagemenC's changes and addiCions Co Che rules and regulations that are prrmitfed under Pennsylvania SCnCe Ler~. 4, ASSTGNMIiN'1' 01; SUI11~IiASIi; Ileaident sha11 not assign Chia base nor suhleC the aparCaie~~C, S. PAIIKINm; I[ an assigned packing apace is provided in conjunctimi v;itB Che lease of t:he apartment, ItesidenC may only pack one operational and ]icsnsed personal pa,^,senger automobile in each place speciGically designateii, Parkingslrall be subjecC to all applicable pcovisim~fl of Y.he lease, G. SPORAGI; OR PRDRRR'PY: IC PlanagemenC ahould provJde sCorage space, ResidenC's property shall only be stored in I:he space de;tiguaCed by ManagemenC. 'I'bis storage apace sha11 be suhjnce Co all applicable provisions of phis teats, 7, IIAhI'1'AI11LI'I'Y; 'IC is the respousi4iliC.y of mana9eu~cuC P.o o~aintnin the buildings and any cmmoon areas in a decenC, sate, and sanitary condition in accordance wil:h Reiuisylvau.ia's Ilouning codes. D. QUIZ?'1' 1~IPIJOYIdIiIV'I': Upon Resident paying Che reef and perf:nnoing a1.1 0[ the other provisions uC this lease, Ihanageioent agrees Cltat Resident shall peageCi0ly, guieCly and exclusively have, hold and enjoy Che apartment during Che tenii of Chis lease. ItesidenC shall. have all remedies as provided by law Eor IJanagemenC's failure to aasure P,lle renidenC's peaceful, quinC and exclusive possession o[' the aparCioenC, 9. IiOTICI? OP IIdJORIGS: In Che event of any injuries Co RcaidenC or RrsidenC~s laoiily,- guests, ec invitees or in Che 2venC o[ any damage i:o any oI Cheir property ChnC is aLlegedl.y caused by I;hu negligence n[ managemenC or iCS agents or employees, RnsidenC shall give IdanageoienC a wrif.Cmi noCioe of Che occurrence o[ Che injni°y or damage within five ~S) days oI the happening thereof, s'he wriCten notice shell be delivered Co I4anagemenC aC hlauageuicnC's office sec I:prCh in paragraph lb "NoCice. Co ManagemenC" of Che atP.ached °hiiscellaneous ~4rovisions," or at such an address wiiieh IdanagemenC shall hereaf.Crr furnish in~.ivriCin9 Co the Residenh.. L0. ~ONDI'RION~OC APAR'fMIiPPP AND RRPAIR OY RDSIDF,N'I': a, CONDPPIOPI OF APARTMR4I'R: ReuidenC aclrnowledyes ChaC I4anageiiicuC has ioade no repreaenCaCious regarding Che condition or staCe of repair of Che apartaieaC excepC as expressly sec forth in Chis lease. h. CIIRCBLIS'1'; Pdauagnment i~iill provide ReSidenC. aiith an apartment inventory checklisC, Resident should coiopleCe Che . checklsC noting the coudiCions o[ l:he apar.CmenC and reCurn Che ehechlisC Co Nanayeioent w:iChin seven 171 days after having obtained posses~slou of Che aparCmeuC, keaidenC. is euCiCled Co reguet>C and receive a cope oC the lasC C.erm~nation invenr:ory checklist which shows wICaC claiioa Here charge.ablc Co C.he latll: prior residenC. c, MAINTGNAWCIs OP' APAR'I'Mh9V9', ResidenC shall noC. Cause, allour or peroiiC an~~ rrisCe, ioisusr, or neglesC of Che apartment and surrounding premisea and shall pay Ior any damages so caused, During Che Cerm of. this lease, Che Residen~~ shall keep the premicec in good repair Co Che gull extent prescribed by Iaw and aC the expiraCion of Ilse Lease, the. Resident. shall rnt:~uru the aparCmenl Co MauagemcnC in ac good condition as when Cahen, excepC for reasonable use and wear. d It CSPOIISInCIl'fY !+Olt nAIlLC6 CAUSIin Di' RLSIDIA:: IL Cite Resident should fail to snake required repairs and replacements, the Managr_iiionC or rt., agents ahall be notified auii have the right Co nnCer Che apartment, withouC causing or cousCituCing a termiaiaCimi oC C.lus Icase, anil mahe C.he, repairs antl replacoments. 'the RenidenC~sha11 pay Che lawful expenses sn incurred ou Che next ozislin9 moul:hly rr,nlal iusP.a)]oienC dun data, 11. ACCRSS 'I'0 APAIlTI4¢N9'; IdanagemenC may enCCr the aparCo~~enC during kesident's possession Chereof, in a manner prescribe by law, Eoc any reasonable purpose, including a periodic inspeeCion of the doielliny uniCn as a part o[ prevenCaCive maintenance peograms relabiny to Che.operaCion of equipment, appliances, eec., and Cl+e conCinuing maintenance of GSie premises in a decenC, safe and aanitnt~y ioanner. Management sha11 have Che righC Co enCer Che aparCmenC without causing or constiCU.Cing a termination of. Chin 1ea5e. in order Co lnotall a separaCe meter Co measure-the consumpCiou of Ueating fuel or other uCilitien at the aparC.oisnt in Che event thaC IJauagemenl: should deoide~Co do so. ManagemenC's entries into Che premises s':iall be aG. reasonable times mul in Clie manner nret;eribed by Liw. 12. AGTI4RATIOM": SubjeaC. Co federal and sCaCe fair housing laws, ResidenC shall make no alCeraCions, decoraCion, addition or impcov~~~aients in or Co Che apartment or Co ManngemenP,'s equipment or fiaCures in the_apari:menC or surromiding premises. Resident ahall noC. insCall airy f.izCUre or eguipoim~C withouC.l4anagemenC~s prl.oc written consent, ,Any such ineCallaCim~ by lleridenC v~it.hout 14anagement's prior written uonsenC may be removed by ManagemenC and ResidenC shall pay Management's costs nn Che next monthly renC~il installment due dace. In Che event ChaC NanageoienC's wC~itCen content i^ received, Resident shallaaose,uuch ~worl: to be done aC suuh Cimen a~od io such manner as IdanageioonC shall designate in wriC.ing and ResidenC sha11 pay Eor saoie iu a prompt manner. Any lien„ filed a9ainsC the-pre~u.ices or Che apart:monC community for work claimed Co have been done oc ['or maCerials elaiioed Co have Deer f:urni,shed Co Resident omst be discharged by Che Resident within ten (10~ days Umreal'.4.ec, IM1anagement shall have the right, buC noC Che obligation to pay oc discharge any such lien, If Management should eleaC to ezeruise Chis right:, RonidenC Uh;i~Jl. promptly pay Managci9enC the amount so expended, 1J. UAMAGp ItY -1R6; OIi D'1'IIRR CASUALTY: If. I:hepremises ace parCially damaged by fire or other ensunlCy but can bo resCOred Co livable condi~Cimi, PlanayemenC shall cepair.Che preuiines with teaaoiiahle Gpeed, 'I'hc ResidnnC's obligation Co p~Iy , renC shalt be sun~pended daring Che C.ie~e ChaC the premises remain unl:ivablo, If the premises are destroyed by [ire or ol:her casualCy or i[ the preodses uamioC be resCOred to livable condition within a rearouable ~Ci.oie, eiCher party shall. have the right Co Germinate this leave by written notiaa Co Clio other party. i~. 1NSURANCR;': Management agrees, aC iCS sale eXpente, to obCa:in fire and extended coverage insurance covering Clio buildings in Che aparCmenC coimuunity. Thin fire and extended coverage insuronce will not cover Resident`s personal properly in the aparCmenC or on Che grounds o[ Che aparCmenC eeoiplex, ItLSIllL+IV'1' SIIOUCU, Ai' R6;SID4;M1"S SOLIi RRPGNSR, OU'1'AIN PIltli AND G%'PP,NUIiU COV(SRAGI's IPISURNNCI+, C~6VIiIliNG IlRSd6iihl'1''S PP,RSOWAL hROPR,k'PY I1V '1'IIF. APARTh1RNT AhIU OPI Tll6 GROUND;; OF '1'1114 APARTMI?1J'I' COMPLRR. .:. PI i~, 41oCsee shall be'9iven when ca1.led Por in l:h~ lease by milling fir l class mail, or Co Che [ol]owing actresses: a. NO'I'ICI{ Y'0 I1ftS1D6;P1'P: fln~iCO, 'Che addrn6s v( Che leased priaioi;;eGl b, NO'rICll 9'0 MhN5CIi1h61NT; ]DO Diaelliug CourC, Shipponaburg, Pa 11257. (supply here I:he addcess to which CenanCn should direct all noCices required by Chis leacr,l ng vi person, Noticeshall bo deemed Co be received by Che Resident or by Irtauageoient.-on Che dace on which firsC-class mail is isailed, or on 'Che date mi vhicP~ p copy ot, Che noC.ice is dulivnred Co Resident or Mana9emmit at Che above addresses. 2, GRIfiVhW(`i! hlaD hPPBhi~; ResidenC grievawces or appeal, Lrom IdanegnmenC's decisions sJtall be rrtsolved in accordance ~wibh procedures r,onsisCent ti~iiCh the Pl~llh regulaCions covecinq such procedures, which ace available from the Manages oC Che aparCm,enCs and posted in Che cenCal ofCiac. 1, MODII+IC~9'ION pMD ADJUS9'hlfN'1.'S '1'0 LI?uSli; l~lanageioenC shall have Che righC Co make the following adjusCiiienCs in ihir~ lease upon written notice to Che 1iesidenC of not less than thirCy ~JO~ days: a. Changes required by fudural, sCaCe or ownicipal law^, regulaCimC, or ordinai'ice. b, l'hnnges~in rules eelating Co the property, includingthe uparCioenC, wh;lch are required Cn prnCecC the physical heal Ch, safeCy or peacoCul enjoymmtl: of Che residenC.s and quests i.n C.pa apacCment commun,i.tp. e, Change,^, in Cho amount. of renC Co cover additional soots in operaCing Che renCal preiiiises .incurred by Management. which may include but are poi; limiCedCO inr,reasee in property Cares, charges fm' Che elecCricily, heaCing fuel, mater or sanitatiy seiner services consumed aC the property and increases in premiums paid for liability, fire nr worker compensation 1nn11I8n CC, d. lVo modificaCion of I:his lease shall he binding unless in wciCing signed by Che Resident and b,y an auChorized agent. of Ianagement. n. Sf,VhRAIiILITY: II any provisimi of this lapse should he or be,ome invalid, such invalidity shall not in any way a[fecC any oCthc other provi;;im~e o[ ttir lease aihich ahal.l continue Co remain in Cu11 force and effecC, 5. YIhIVf?,11: It ldanegemenC should o-iaive any provisions of I.lie base, it t~,ha11 noC be consCnied as a waiver of a future violation of sucU provisi.mi. 6. HIGII'I' TO h10R'I'Gn(;C; ManagemenC Shall have I:he ci~jViC to ;tubordinaCe Chip lease Co any ioorCgage now or hereaCCer placed on the premises or on the apacCmenC communiCy. Res.idenC and ManagemenC agree thaC should Che apacCmenC communiCy be cold to a buyer, the inane will be transterrnd Co Che pens Diaper, At ManageoienC's request, Resident shall execuCe and deliver such documenCS as may be required in order Po ascomplisit Che purposes oL Chis paragraph. 'I. PR131'hYIdLNT; Ito CenahC cnntcibuCion P.o renC Dray be .increased by reason of Owner's prnpaysient o[ Che mortgage during Che Cerro of Chis lease, 6. LIDhTCPfY: ',fn Che evmiC ChaC this ]ease is siyned as liesidenC by more Chan one person, Chen liability a all peruoi signing shall be. joint and several, In othee vordl~,, all persoor, signing shaIl each be responsible Eor Che whole amounC of rent or ocher charges due and ua~ing ManagemenC by reason of the proviGionc oti Chi,^, leans. 9. PROVISIONS Of~S'fh'I'n LAPI; ManagemenC and kesidenf. Specifically agree ChaC Chis lease shall not and is not inCeuded to violate or, waive any of Che .provisionsof Pennsylvania sCaCe law relaCing Co fiCness~and habiCabiliCy, securitydepocifs civil rights, civil rights nf~. haudieappsd persons and emiswoer f~rotectimi, If, ~6o~never, any provisioi of Chis lease doer, [acC, violate oe waive any o[ Che above sCaCuCes, Chen Hoch provision shall he na11 and void, 'fhe other provisions of Chin. lease shall continue to remain in Full force and clEect, 10. RG14L+DII?S WOT ~%CLUSIVh: ¢aeh and every of Che righte, remndier, and benefits provided by Chic lease shall he cumulative and sha11 noC be exclusive of aoy ocher oC ,aid righCs, remedies and benefiCs or of any other righEs, remedies and henefiCs allowed by lan. 11. ChPTi0145: The capi:ione are .inserted rally as a maCCer of cnnvenieucu, 12. LL1,S1; pINOING; The provisionn of I:Ids lease shallbe bindingupon and shall he for Che benefiC n[ ManagemenC and ResideiiC and Cheir reapecCive~ siicceeaors in iytCese,^,f.. 13. ADDGNUA A{4D h'PThC11PfR19TS TO LN,hSF,: h11 addenda and aCtar.hmenCs to I:his 1aa9e agrnemenC arc Considered Co be a part of said lease and are herein incorporaCed by reference. 14. hiiNDL0R1) IDCN'IITY; The ofvner of record of Chic aparCmenC eemplez is ~~r~. ~~ i~~s,~~ r~~ S~J,. •..1~~.~,~,=~r~ `' ~~_-_ Phanc; _S'~c,. ~s_3 The person who is authozized'Y.o asecl'~t service ot~ proceso in a sourC action and who serves as Che. 14anaging ~genC, maintenanr.e and emergency contacCperaon is: Phone. I ACKN041GI2UGF, receipt of and, where aiiplicabJe, exacuCion o[ Che following ]eaCU attachioenCr,: a. ResidenC~s StaCemait nn ISligibiliCy b.~ Rules and Regulations of the apartmanC complex, a ResidenCS' r.ighPS and respon,ihiliCies undee Che leafle, d. InformaCimi rhgarding.paymanC of. renC, periodic inspection of aparCmenCusiCS, respoosn Co resident uomplaiuts, projecC Services and faciliCies available Co Resident. e. OfCiee locaCion, hours and emergency Celephone nuoibm;s. f. If applir.able, communiCy map and project ne'wsleCCUr, g. 'fenanC Certification h. PeC Policy Mist here any additional aCCashmnnCS Co Che lease) IN 41IPNI+SS VIIII:RIiOR, Che parCies hereto have hereunho sec Cheir hands and seals Che day and year first writCen above. Management ~~oro~k~~e~r o/f/~Re~c~ord head of Iloiieehold Spouse or Co-head of household i VERIFICATION I, Barbara Ann Green, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have famished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: ~~r~ Oli 3?35/5-1 / ~~'1 ~/'(,L~i'~ Barbara Ann Green _ ~ ~` ~ , -~~ ~ - ~, s~ ~. ~r~ G ~, L Y V~ G .- \26 A\LIABWMSORCE\LLPG\791068\KCSTELLA\13304\00118 David F. White, Esquire/ I.D. No. 55738 Adam M. Sorce, Esquire/LD. No. 88711 Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 Attorneys for Defendants King of Prussia, PA 19406 610-354-8250 Fax: 610-354-8299 Email: dfwhitena mdwc .com amsorceCa mdwc~.com BARBARA ANN GREEN COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL DIVISION SENIOR COTTAGES OF NO. 06-1440 SHIPPENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT ENTRY OF APPEARANCE JURY TRIAL DEMANDED TO THE PROTHONOTARY: FEE PERFECTED Kindly enter our appearance on behalf of Defendants, Senior Cottages of Shippensburg, Ltd., HDC/HDI of Shippensburg, LLC, and HAI Management, Inc., d/b/a Humphrey Management, incorrectly identified as Senior Cottages of Shippensburg, Ltd., t/d/b/a and/or a/k/a Cottages of Shippensburg, Inc., HDC/HDI of Shippensburg, LLC, Homes for Shippensburg, Inc., Senior Cottages of America, LLC and HAI Management, Inc., t/d/b/a Humphrey Management, in the above-captioned matter. DATE: ~ ~~ ~~ ~ MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: DAVID F. WHITE, ESQUIRE ADAM M. SORCE, ESQUIRE Attorney for: Defendants ,, ~ - ; - e :> .. X26_A~GABAAMSORCEVLLPG~791068\KCSTELL,AU 3304V00718 David F. White, Esquire/ LD. No. 55738 Adam M. Sorce, Esquire/LD. No. 88711 Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 Attorneys for Defendant, King of Prussia, PA 19406 610-354-8250 Fax: 610-354-8299 Email: dfwhite ra mdwc~.com amsorcena.mdwce.com BARBARA ANN GREEN COURT OF COMMON PLEAS v. SENIOR COTTAGES OF CUMBERLAND COUNTY CNIL DIVISION NO. 06-1440 SHIPPENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT DEMAND FOR A TRIAL BY A JURY OF TWELVE MEMBERS Defendants, Senior Cottages of Shippensburg, Ltd., HDC/HDI of Shippensburg, LLC, and HAI Management, Inc., d/b/a Humphrey Management, incorrectly identified as Senior Cottages of Shippensburg, Ltd., Ud/b/a and/or a/k/a Cottages of Shippensburg, Inc., HDC/HDI of Shippensburg, LLC, Homes for Shippensburg, Inc., Senior Cottages of America, LLC and HAI Management, Inc., Ud/b/a Humphrey Management, by their undersigned attorneys, hereby request a trial by a jury of twelve (12) members plus two alternates; trial to proceed as long as there are twelve (12) members available. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Bya~~~(Y' " ~( David F. White, Esquire Adam M. Sorce, Esquire C/ /~ , ~ ~, Attorneys for Defendants DATE: TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A DEF "LT7 DGME Y BE E ~D AINS Y ATTORN FOR .~ENDAN'T MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Adam M. Sorce, Esquire LD. 5 5 7 3 81887 1 1 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 610-354-8250 610-354-8299 Email: dfwhite(c~mdwcg com amsorce~mdwcg.com Attorneys for Answering Defendants BARBARA ANN GREEN COURT OF COMMON PLEAS CUMBERLAND COUNTY v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d!b!a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., tfdlbfa HUMPHREY MANAGEMENT CNIL DIV ISION NO. 06-1440 ANSWER WITH NEW MATTER OF SENIOR COTTAGES OF SHIPPENSBURG, LTD., HDC/HDI OF SHIPPENSBURG, LLC, AND HAI MANAGEMENT, INC. d/b/a HUMPHREY MANAGEMENT TO PLAINTIFF'S COMPLAINT AND NOW come defendants, Senior Cottages of Shippensburg, LTD., HDC/HDI of Shippensburg, LLC and HAI Management, lnc., d(b(a Humphrey Management (hereinafter "Answering Defendants"), by and through undersigned counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and for their Answer to Plaintiffs Complaint, state as follows: I. Admitted. 2. Admitted to the extent that the appropriate name of the defendant referenced is Senior Cottages of Shippensburg, LTD. Any remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 3. Admitted to the extent that the appropriate name of the defendant is HDCIHDI of Shippensburg, LLC. Any remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 4. The allegations contained in this paragraph are directed to entities unknown to Answering Defendants, or which do not exist. Therefore, no response is required from Answering Defendants. To the extent that these defendants may be improperly identified, please see the Answers to #2, #3 and #6 for the identification of the appropriate defendants. 5. The allegations contained in this paragraph are directed to entities unknown to Answering Defendants, or which do not exist. Therefore, no response is required from Answering Defendants. To the extent that these defendants may be improperly identified, please see the Answers to #2, #3 and #6 for the identification of the appropriate defendants. 6. Admitted to the extent that the appropriate name of the defendant is HAI Management, Inc., d/b/a Humphrey Management. Any remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 7. Denied. The averments contained in Paragraph #7 of Plaintiffs Complaint are legal conclusions to which no response is required. As some of the named Defendants do not exist, the allegations in this paragraph cannot be answered. To the extent a response is required, Answering Defendants specifically deny the averments contained in this paragraph pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 8. Denied. The averments contained in Paragraph #8 of Plaintiffs Complaint are legal conclusions to which no response is required. As some of the named Defendants do not exist, the allegations in this paragraph cannot be answered. To the extent a response is required, Answering Defendants specifically deny the averments contained in this paragraph pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 9. Admitted to the extent that plaintiff leased the property from Senior Cottages of Shippensburg, LTD. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 10. Admitted by Answering Defendants only. 11. Denied. It is specifically denied that plaintiff was walking at the time of her incident. It is further specifically denied that any defect existed on Answering Defendants' property, or that any alleged defect caused plaintiffs alleged injuries. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 12. Denied. It is specifically denied that plaintiff was walking at the time of her alleged incident. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 13. Admitted. 14. Denied. It is specifically denied that the applicable terms of the lease are set forth at length in Paragraph #14 of plaintiffs Complaint. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 15. Denied. It is specifically denied that Answering Defendants had any notice of a dangerous condition or that any dangerous condition existed on its premises prior to plaintiffs alleged incident. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. lb. Denied. It is specifically denied that Answering Defendants breached any duty to plaintiff and/or were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. COUNT 1 -NEGLIGENCE BARBARA ANN GREEN v. ALL DEFENDANTS 17. Answering Defendants hereby incorporate their Answers to Paragraphs #1 through #1 b above as though fully set forth at length herein. 18. Denied. It is specifically denied that any dangerous condition existed on Answering Defendants' premises. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 19. Denied. It is specifically denied Chat Answering Defendants breached any duty to plaintiff and/or were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 20. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any applicable local code and/or regulation. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 21. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any provision of the Americans With Disabilities Act and/or other applicable local, state and federal codes and(or regulations. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 22. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 23. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 24. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 25. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which requne no response. 26. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 27. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 28. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 29. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 30. Denied. It is specifically denied that Answering Defendants breached any duty to plaintiff and/or were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. WHEREFORE, Answering Defendants demand judgment in their favor and against plaintiff, plus interest and costs. COUNT II -BREACH OF CONTRACT/LEASE BARBARA ANN GREEN v. ALL DEFENDANTS 31. Answering Defendants hereby incorporate their Answers to Paragraphs #1 through #30 above as though fully set forth at length herein. 32. Admitted to the extent that plaintiff entered into a Lease Agreement with Senior Cottages of Shippensburg, LTD. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 33. Admitted to the extent that plaintiff agreed to pay Senior Cottages of Shippensburg, LTD., the sum set forth in her lease agreement. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 34. Denied. It is specifically denied that any provision of the Lease Agreement executed by the plaintiff was "unfair and unreasonable". Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conc]usions of law which require no response. 35. Admitted. 36. Denied. It is specifically denied that plaintiff has performed any and all conditions precedent to the commencement of this action. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 37. Denied. It is specifically denied that Paragraph 7 of the Lease Agreement states that which is alleged in Paragraph #37 of plaintiffs Complaint. The Lease Agreement speaks for itself. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 38. Denied. It is specifically denied that Answering Defendants failed to provide a safe, habitable and livable apartment to plaintiff. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 39. Denied. It is specifically denied that any of the Answering Defendants breached any residential lease contract with the plaintiff. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 40. Denied. It is specifically denied that Answering Defendants breached any residential lease contract with the plaintiff Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 41. Denied. It is specifically denied that Answering Defendants were negligent and/or vio]ated any act, code or law as alleged in Paragraph #41 of plaintiffs Complaint. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 42. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any act, code or law as alleged in Pazagraph #41 of plaintiffs Complaint. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. WHEREFORE, Answering Defendants demand judgment in their favor and against plaintiff, plus interest and costs. COUNT III -WARRANTY CLAIM BARBARA ANN GREEN v. ALL DEFENDANTS 43. Answering Defendants hereby incorporate their Answers to Paragraphs #1 through #42 above as though fully set forth at length herein. 44. Admitted to the extent that plaintiff entered into a Residential Lease Agreement with Senior Cottages of Shippensburg, Ltd. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 45. Admitted to the extent that plaintiff eventually paid the lease amount to Senior Cottages of Shippensburg, Ltd. It is specifically denied that plaintiff has timely paid her lease amount every month. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 46. Denied. It is specifically denied that any provision of the Lease Agreement executed by the plaintiff was "unfair and unreasonable, " or that plaintiff has ever voiced that contention. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 47. Admitted by Senior Cottages of Shippensburg, Ltd. only. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 48. Admitted in part, denied in part. Admitted to the extent that payments were made to Senior Cottages of Shippensburg, Ltd. It is specifically denied that plaintiff has timely paid her rent on a monthly basis. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 49. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph #49 of plaintiffs Complaint. Therefore, they are denied. 50. Denied. It is specifically denied that any dangerous and/or unfit condition existed on Answering Defendants' premises. It is further specifically denied that Answering Defendants breached any warranty as alleged, or that plaintiff was injured as a result of any of the allegations in plaintiffs complaint. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 51. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any act, law or code as alleged. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 52. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any act, law or code as alleged. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 53. Denied. It is specifically denied that any breach of warranty occurred with respect to plaintiff. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. WHEREFORE, Answering Defendants demand judgment in their favor and against plaintiff, plus interest and costs. NEW MATTER 54. The Complaint fails to state a cause of action upon which relief can be granted. 55. Answering Defendants had no duty to plaintiff. 56. Answering Defendants breached no duty to plaintiff. 57. The property at issue was not Answering Defendants'. 58. Any defect on the property was trivial or de mindmus. 59. Any defect on the property was open and obvious. 60. Answering Defendants had no actual notice of any defect on the property. 61. Answering Defendants had no constructive notice of any defect on the property. 62. No act or omission by Answering Defendants caused any injuries or losses or damages to plaintiff. 63. Any injuries or losses or damages to plaintiff were caused by a person or persons not under the control of Answering Defendants and for whom Answering Defendants were not responsible. 64. Any injuries or losses or damages to plaintiff were caused by a force or forces not under the control of Answering Defendants and for which Answering Defendants were not responsible. 65. Any injuries or losses or damages to plaintiff were caused by a condition or conditions not under the control of Answering Defendants and for which Answering Defendants were not responsible. 66. Plaintiffs cause of action is barred or reduced because plaintiff was contributorily negligent. 67. Plaintiffs cause of action is barred or reduced by the Pennsylvania Comparative Negligence Act. 68. Plaintiffs cause of action is barred because plaintiff assumed the risk of her actions. 69. Plaintiffs cause of action is barred by the appropriate statute of limitations. 70. Plaintiffs cause of action is barred by the statute of repose. 71. Any claim for delay damages should be dismissed, because such damages are unconstitutional and/or unlawful. 72. Plaintiff has failed to provide timely notice of any alleged defect as required by the law of warranty. 73. Plaintiff failed to attach written warranties to its Complaint as required bylaw. 72. Plaintiff has failed to abide by the terms of the lease, and therefore her claims are barred by the doctrines of estoppel, waiver, ]aches, consent and/or release. 73. Plaintiffs claims are barred for her failure to adhere to the Americans with Disabilities Act. 74. Plaintiffs claims are barred for her failure to adhere to the Landlord and Tenant Act. 75. Plaintiff breached the Lease Agreement and is therefore estopped from claiming breach against Answering Defendants. 76. No defect existed on the precise location of Plaintiffs fall, which was to code as required by the State of Pennsylvania, and all local ordinances. WHEREFORE, Answering Defendants demands judgments in their favor, together with costs, interest and attorneys' fees. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~. BY: DAVID F, WHITE, ESQUIRE ADAM M. SORCE, ESQUIRE Attorneys for Answering Defendants Date: \26 A\LIAR\AMSORCG\LLPGV89884\KMDOUGHERTY\13304\401 IS VERIFICATION ADAM M. SORCE, ESQUIRE, hereby states that he is the attorney for Answering Defendants in the foregoing matter, and that he is authorized to make this Verification, and verifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. This verification is taken because a representative of the Answering Defendants is outside of the jurisdiction and timely verification could not be made. The undersigned understands that the statements herein made are subject to the penalties of 18 PA. C.S. §4904 relating to the unsworn falsification to authorities. Dated: ~~~~ ~ .' ADAM . SOR +, ESQUIRE CERTIFICATE OF SERVICE Adam Sorce, Esq., hereby certifies that a true and correct copy of the foregoing Answer with New Matter was sent via regular mail to the below listed parties on the below listed date: Andrew Norfleet Metzgerm Wickersham, PC 3211 North Front Street, PO Box 5300 Harrisburg, PA 17110-0300 DATE: L~~~ 0`F~ /' ADAM SORCE, ESQ. CERTIFICATE ®D~/'//A~/~~// PRERSQVISITE TO SERVICE OF A SUBPOENA /J ~~//~S//~+ - •~' !C PVRSVANT TO RVLH 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREEN TERM, CUMBERLAND -VS- CASE N0: 06-1440 COTTAGES OF SHIPPENSBURG, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 ~~~f4~~-~J alf ADAM SORCE, ESQ. Attorney for DEFENDS R1.09S 133-H DE11-0631124 217$$-L~1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL COURT OF COI~A40N PLEAS TERM, CASE NO: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULS 4009.21 [ Note: see enclosed list of locations ] TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #B00 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 217$8-COZ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SIiIPPENSBURG, ET AL File No. - ~yya SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CART I E FGIONAL MEDIreT rrrru (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: **** SEE ATTACI~IED RIDER **** at _ Th M .ro ~~nc 1601 Market Street Suite R00 Philadelplus, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WA5 ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE ADDRESS: 620 TELEPHONE: X2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Protho otary/Cler 1 D~ 'sion Deputy Date: v ~~ ~G~~ Seal of the Court 21788-O1 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR CARLISLE REGIONAL MEDICAL CNTR MEDICAL RECORDS 246 PARKET STREET CARLISLE, PA 17013 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and allrecords, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.o95 133-H SU10-0623708 21788-L~1 CERTIFICATE PREREQUISITE TO SERVICE OF A SU8PO8NA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREEN TERM, CUMBERLAND -VS- CASE N0: 06-1440 COTTAGES OF SHIPPENSBURG, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 /` ehalf / annnn eno nn acn Attorney for R1.09S 133-H DE11-0631125 217$$-L~2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL COURT OF COMMON PLEAS TERM, CASE N0: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 21.788-C~J_ »> LOCATION LIST c« PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) R1.09S 133-H DE02-0333132 21788-C~1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. n~ - 1 ~l ~b SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RT.I .. F. ION T.M .DI T. TR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS (;roan. Lnc._ 1601 Market Street Suite R00. P iladelplia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE. ESO. ADDRESS: 620 F..DOM B S TR. SUITE 300 KING OF PRUSSIA. PA 19406 TELEPHONE: (2 1 51 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Protho otary/~ 1 'sion Date: l ' (~ ~9r~6D ~ DaPutY Seal of the Court 21788-02 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR CARLISLE REGIONAL MEDICAL CTR. BILLING DEPT. 246 PARKER STREET CARLISLE, PA 17013 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.09S 133-H SU10-0623710 217$$-L~2 CERTIFICATB (,Ifs / / PREREQUISITE TO SERVICE OF A SUBPOENA g/~~~/~~JL PURSUANT TO RULE 4009.22 "IIJJ IN THE MATTER OF: COURT OF COMMON PLEAS GREEN TERM, CUMBERLAND -VS- CASE NO: 06-1440 COTTAGES OF SHIPPENSBURG, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2~) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4..) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 alf of /ADAM SORCE, ESQ. Attorney for DEFENDANT / R1.09S 133-H DE11-0631126 21788-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF ET AL COURT OF COMMON PLEAS TERM, CASE N0: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #BOD PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 21788-CO1 »> LOCATION LIST <c< CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. PAGE: 1 MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) R1.09S 133-H DE02-0333132 21788-COZ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. C~~- /y~l~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RT.I .. F ION T. M .DI T. TR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: **** SEE ATTACHED R_TDER **** at The MCS Grnup. Lnc.. 1601 Market Street. Suite R00. Phitadelyhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE. E ADDRESS: 620 FREEDOM Bl TELEPHONE: (2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Protho otary/ 4 ivil vision Deputy Date: ~9 „?/~( G, Seal of the Court 21788-03 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR CARLISLE REGIONAL MEDICAL CTR. RADIOLOGY DEPARTMENT 246 PARKER ST. CARLISLE, PA 17013 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject HARHARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.09S 133-H SU10-0623712 21788-L03 CERTIFICATE /////+~~~ PREREQUISITB TO SERVICE OF A SUBPOENA ~~f `~/~y"~ PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF CONIINON PLEAS GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL TERM, CUMBERLAND CASE N0: 06-1440 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 R1.09S 133-H DE11-0631127 21788-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF ET AL TERM, CASE N0: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact COURT OF COMMON PLEAS MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 217$$-COZ »> LOCATION LIST «< NAME RECORDS CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMEERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) PAGE: 1 R1.09S 133-H DE02-0333132 2178$-C~~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. ~e - / N ~~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for T •TH M . T A (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: **** SEE ATTACHED Ri~ER **** at The MCS C.ronn. lna_ 1601 Market Street. Sine 800. Philadelnhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE. ES ADDRESS: 620 FREEDOM BU TELEPHONE: (Z15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CURT: Proth rotary/Cle • rvil vision ~j Deputy Date: _L/~v ~9 ~~L)~ _-~ T Seal of the Court 21788-04 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: HEALTH ASSURANCE P.0. BOX 7089 LONDON, KY 40742 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject SARSARA A. GREEN Social Security #: XXX-XX-2256 Date of Sirth: 09-28-1962 R1.095 133-H SU10-0623922 21788-L04 CERTIFICATE ®e~^~~Ar PREREQUISITE TO SERVICE OF A SUBPOENA ,17I h~/7 '.~J96 PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL TERM, CUMBERLAND CASE NO: 06-1440 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 ~ R1.095 133-H DEll-0631128 21788-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL COURT OF CONIMON PLEAS TERM, CASE N0: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 2178$-C~1 »> LOCATION LIST «< RECORDS CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) PAGE: 1 R1.09S 133-H DE02-0333132 21'88-L'~l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. ~O-/tl~l~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HIPP NB iR T TH SERVICES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCC Grntl~Inc.. 1601 Market Street Suite R00. Philadelnhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE. ES ADDRESS: 620 FREEDOM BU TELEPHONE: 01246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C ~JRT: Prothot~ tary//Cle vi Di sion Deputy Date: /~~.~ l4 ~~~ Seal of the Court 21788-OS EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: SHIPPENBURG HEALTH SERVICES 46 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.09S 133-H SU10-0623716 21788-L05 IN THE MATTER OF: CERTIFICATE pR~~~N~L PRERSQUISITB TO SERVICE OF A SUBPOENA PVRSVANT TO RULE 4009.22 COURT OF COMMON PLEAS GREEN COTTAGES OF -VS- ET AL TERM, CUMBERLAND CASE NO: 06-1440 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 R1.09S 133-H DE11-0631129 21788-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL COURT OF COMMON PLEAS TERM, CASE N0: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #B00 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02 -0333132 21788-01 »> LOCATION LIST «< NAME _ RECORDS CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL. MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) PAGE: 1 R1.09S 133-H DE02-0333132 217$8-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. a~ - /~/~fU SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for AMB .R B TR HOSPIT T. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Cttoun_ Ina_ 1601 Market Street. Suite R00. Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE ADDRESS: 620 FREEDOM SING OF PRUSSIA. PA 19406 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO JRT: ~/ ~ Prothon /Clerl Di lion ~?~.. l9 ,~/x~~ Deputy Date: T-~' Seal of the Court 21788-06 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR CHAMBERSBURG HOSPITAL MEDICAL RECORDS 112 N. 7TH STREET CHAMBERSBURG, PA 17201 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions,. and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.09S 133-H SU10-0623718 21788-L06 CERTIFICATE ~ QQ/ ~/A/~ / PREREQUISITB TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREEN TERM, CUMBERLAND -VS- CASE NO: 06-1440 COTTAGES OF SHIPPENSBURG, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intentto serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13(2006 R1,09S 133-H DE11-0631130 21788-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE NATTER OF: GREEN -VS- COTTAGES OF ET AL COURT OF COMMON PLEAS TERM, CASE NO: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ~ TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 21788-C~1 »> LOCATION LIST «< RECORDS CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) PAGE: 1 ~R1.095 133-H DE02 -0333132 2178$-C~~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. L1(. -/~/~~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAMBERSBURG HOSPIT i. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: **** SEE ATTACHED RTl)ER **** at The M ,rotlp_ nc.. 1601 M rk t Str ..t S iit .800 Philad jphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE. ES ADDRESS: 620 FREF.i)C)M Ri] TELEPHONE:,lZ 151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothonot /Cler~l ~ 1 Di ion Deputy Date: ~~ ~~ Q ~/ [~~ Seal of the Court 21788-07 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR CHAMBERSBURG HOSPITAL BILLING DEPT. 112 N. 7TH STREET CHAMBERSBURG, PA 17201 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Sirth: 09-28-1962 R1.09S 133-H SU10-0623720 21788-L07 ~`,~g3~~~~.~L CERTIFICATE .~b~^p PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COhIINON PLEAS GREEN TERM, CUNffiERLAND -VS- COTTAGES OF SHIPPENSBURG, ET AL CASE NO: 06-1440 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 R1.09S 133-H DE11-0631131 21788-L~8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I Note: see enclosed list of locations 7 TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 217$$-COZ. »> LOCATION LIST «< CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) PAGE: 1 R1.095 133-H DE02-0333132 2.788-L'~1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. C~. - l~f ACS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHAMBERSBUR HO PIT 1 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ **** SEE ATTACHED ]ZTDER **** at The MCS ('noun. Inc . 1601 M rk .t . tr t iit 800 Phila~l ]phis PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE. E ADDRESS: 620 FREF.D(~M Rl TELEPHONE: (2151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE G ~T: Prothono /Clerk, i 'ion Deputy Date: _~~~~ ~/y~ Seal of the Court 21788-08 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR CHAMBERSBURG HOSPITAL RADIOLOGY DEPT. 112 N. 7TH STREET CHAMBERSBURG, PA 17201 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to sad including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.095 133-H SU10-0623722 2178$-L~8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RVLB 4009.22 IN THE MATTER OF: GREEN sir"" ~ ~~~~ COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- COTTAGES OF SHIPPENSBURG, ET AL CASE N0: 06-1440 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 MC on ha12%%~A`„ _ ~ / AM SORCE ES Q Attorney for DEFENDAN~ R1.09S 133-H DE11-0631132 21.88-U~9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #600 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 21788-~'~1 »> LOCATION LIST «< PAGE: 1 I LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSSURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) R1.09S 133-H DE02-0333132 21.7$8-C"~]_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. ~ ' f y~~ TO: Custodian of Records for BAXTER WELLMON D O (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M S (',rpyp Inc ] 60] Market Street Suite 800 Philadelphia P a ~ 9 ~ 03 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE. ES ADDRESS: 620 FREEDOM BU TELEPHONE: ~2 51246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C~URT:~ Proth~/C ivil vision Deputy Date: ~~ ~ f q ~~J Seal of the Court 21788-09 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: BAXTER WELLMON, D.O. 127 WALNUT BOTTON ROAD SHIPPENSBURG, PA 17257 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.09s 133-H SU10-0623724 21788-L09 CERTIFICATE ~~0 7/~SJL PREREQVISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREEN TERM, CUMBERLAND -VS- CASE NO: 06-1440 COTTAGES OF SHIPPENSBURG, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 R1.09S 133-H DE11-0631133 217$$-L1O COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF ET AL COURT OF COI~IMON PLEAS TERM, CASE NO: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #B00 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333132 2178$-C~1 »> LOCATION LIST «< PAGE: 1 I LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL. MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC &,RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICP.L, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) R1.09S 133-H DE02-0333132 217$8-C~1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. ~~ ' ~ ~ud SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for AFSTHETI & RECONSTRUCTIVE c1m (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: **** A ACHED RID R **** at The M .ronn~nc 1601 Market Street Cuite S00 Philadel~ya PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE ESO ADDRESS: 6~n FR F.. M B S S CTR. SiTI'i'R 300 KiN(: C1F PRUSSIA. PA 19406 TELEPHONE: X215) 2a6-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Proth notary/C rvi ivision / ~ ~J 6 Deputy Date: Seal of the Court 21788-10 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: AESTHETIC & RECONSTRUCTIVE SUR 816 BELVEDRE STREET CARLISLE, PA 17013 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medicationJprescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.095 133-H SU10-0623726 217$$-LZD CERTIFICATE PREREQVISITB TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: GREEN OR~~IN~C COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- COTTAGES OF SHIPPENSBURG, ET AL CASE NO: 06-1440 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 //,/ i`/ G~ ADAM SORCE, ESQ. ~ Attorney for R1.09S 133-H DE11-0631134 2178$-L11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF SHIPPENSBURG, ET AL COURT OF COI`~IINON PLEAS TERM, CASE NO: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE 02 -0333132 217$8-(.'OZ »> LOCATION LIST «< PAGE: 1 NAME CARLISLE REGIONAL MEDICAL CNTR CARLISLE REGIONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENHURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICP.L, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) R1.095 133-H DE02-0333132 217$$-~"~~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. ~ - ~ ~~~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TRRTF & FIECHT ORaT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDFR **** at The MCS Groiyy Inc 1601 Market Street Suite S00 Philadet h' n e tot 03 You tnay deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE ESO ADDRESS: 67n FREFDQM RTTSTN_F.CS CTR. STTTTF.300 KTNt i OF PRUSSLA _ PA 19406 TELEPHONE: (2151246-0900 _ SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Protho otary/Cl ., ivil vision ,rye Deputy Date: / "!~`!v /9 ~ GV~~ Seal of the Court 21788-11 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR CURRIE & HECHT ORAL AND MAXILLOFACIAL SURGEON 338 ALEXANDER SPRING CARLILSLE, PA 17013 RE: 21788 BARBARA A. GREEN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject SARSARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-25-1962 R1.09S 133-H SU10-0623728 21788-L11 CERTIFICATE v ~~~+/~ ~e~o PREREQVISITB TO SERVICE OF A SUBPOENA PURSVANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREEN TERM, CUMBERLAND -VS- CASE NO: 06-1440 COTTAGES OF SHIPPENSBURG, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ADAM SORCE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/13/2006 R1.09S 133-H DE11-0631135 217$$-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: GREEN -VS- COTTAGES OF ET AL COURT OF COMMON PLEAS TERM, CASE NO: 06-1440 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ) TO: ANDREW NORFLEET, ESQ., PLAINTIFF COUNSEL MCS on behalf of ADAM SORCE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/24/2006 CC: ADAM SORCE, ESQ. - 13304-00118 Any questions regarding this matter, contact MCS on behalf of ADAM SORCE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.095 133-H DE02-0333132 217$$-COZ »> LOCATION LIST «< LOCATION NA CARLISLE REGIONAL MEDICAL CNTR CARLISLEREGZONAL MEDICAL CTR. CARLISLE REGIONAL MEDICAL CTR. HEALTH ASSURANCE SHIPPENBURG HEALTH SERVICES CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL CHAMBERSBURG HOSPITAL BAXTER WELLMON, D.O. AESTHETIC & RECONSTRUCTIVE SUR CURRIE & HECHT ORAL YELLOW BREECHES FAMILY PRACT. STED PAGE: 1 MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) R1.09S 133-H DE02-0333132 21788-C~1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN vs. COTTAGES OF SHIPPENSBURG, ET AL File No. ~( - ~ yob SUBPOENA TO PRODUCE DOCUMENTS DR THINGS FOR DISCOVERI' PURSUANT TO RULE 4009.22 TO: Custodian of Records for LLOW BREECHES FAMILY PRACT (Name of Person or Enfity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDFR **** at The M('S C,rol}n Inc 1601 Market Street Suite S00 PhiladgJl}hia PA 19103 You may deliver or mail legible copies of the documents or produce Uungs requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADAM SORCE ADDRESS: 620 FREEDOM TELEPHONE: X215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C T: Prothon !Cl t ' 'sion Deputy Date: ~~~]~ Seal of the Court 21788-12 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: YELLOW BREECHES FAMILY PRACT. 1358 LUTZTOWN ROAD BOILING SPRINGS, PA 17007 RE: 21788 BARBARA A. GREEN Prior approval is required for fees is excess of $100.00 for hospitals, $50.OO.for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject BARBARA A. GREEN Social Security #: XXX-XX-2258 Date of Birth: 09-28-1962 R1.09S 133-H SU10-0623730 2178$-L12 C7 N CO ~~ y CC1 U'~ 'l~ Tt' ~ _J ~_~, U7 _1 ~1~ _i - 3"A n ; _' '-i .~ W t METZGER, WICKERSHAM, P.C. Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff, (717) 238-8187 Bazbaza Ann Green BARBARA ANN GREEN, v. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA SENIOR COTTAGES OF SHIPPENSBURG, LTD, t/d/b/a/ and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI of SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUNII'HREY MANAGEMENT t/d/b/a HAI MANAGEMENT, Defendants :CIVIL ACTION -LAW NO.06-1440 CIVIL TERM JURY TRIAL DEMANDED MOTION TO WITHDRAW AS COUNSEL TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: AND NOW, comes Andrew W. Norfleet, Esquire, and the law firm of Metzger, Wickersham, Knauss and Erb, P.C. (hereinafter referred to as "Movants") and hereby move to withdraw as counsel for Plaintiff, Barbara Ann Green; in support of said Motion, Movants respectfully aver the following: 1. On February 23, 2005, Defendant Barbara Ann Green executed a Fee Agreement for legal representation in the above captioned matter. See, Fee Agreement dated February 23, 2005, attached hereto as Exhibit "A." 2. Said Fee Agreement contains the terms and conditions by which Movants represent Ms. Green as a result of an accident which allegedly occurred on or about May 8, 2004 at the Cottages of Shippensburg. 356682-1 3. Ms. Green has failed to cooperate in the representation of her interests in this matter. 4. On February 24, 2005, the Movants sent Ms. Green a welcome letter specifically stating, "do not discuss your case with anyone." See, Welcome Letter of February 24, 2005, attached hereto as Exhibit "B." 5. On April 3, 2006 undersigned counsel and his legal assistant, Jessica Stine, participated in a telephone conference with Ms. Green. Ms. Green advised undersigned counsel and Ms. Stine that she had participated in detailed conversations with agents and/or counsel for Defendants, including participating in a site visit with agents for the Defendants, in violation of her agreement with Movants. 6. On April 12, 2006, undersigned counsel forwarded to Ms. Green Defendants' Discovery Requests, including Requests for Production of Documents and Interrogatories, for her review and completion. Undersigned counsel also included verification forms and aself- addressed stamped envelope for Ms. Green to return the discovery answers. See, Letter of April 12, 2006 to Ms. Green enclosing discovery requests, attached hereto as Exhibit "C." 7. On April 19, 2006 undersigned counsel, during a telephone conference with Ms. Green, advised that negotiations with the Cottages of Shippensburg had ended and litigation would move forward to pursue a recovery on her behalf. Undersigned counsel explained that an expert was needed to examine the sidewalk and to issue an expert report as to the cause of her fall. 8. On April 19, 2006, Ms. Green advised undersigned counsel that she would seek to secure the necessary retainer fee from her family to retain the expert witness. 356682-1 • 9. On April 19, 2006, Ms. Green advised that she had nearly completed the discovery responses and would mail the responses and signed verifications that day. 10. On April 24, 2006, a message was left on Ms. Green's home answering machine advising that undersigned counsel had not received the discovery responses and verification. The message advised Ms. Green of the importance of returning the discovery answers and asked that she return the telephone call as soon as possible. 11. On May 5, 2006, a telephone conference took place between undersigned counsel, his legal assistant, Jessica Stine, and Ms. Green. Ms. Green advised that she did not receive the discovery requests, receipt of which was previously confirmed by Ms. Green on April 19, 2006. Ms. Green advised that she would check the mail that day because, on a number of occasions, her mail had been sent to the "wrong mail box." 12. On May 5, 2006, a telephone conference took place with undersigned counsel, his legal assistant, Jessica Stine, and Ms. Green, during which Ms. Green advised that the discovery requests were delivered to the incorrect mail box and that she was now in receipt of the same. Ms. Green advised that she would complete the discovery responses and verifications and return them to undersigned counsel on the same date (May 5, 2006). 13. On May 8, 2006, a telephone conference took place between undersigned counsel his legal assistant, Jessica Stine, and Ms. Green; Ms. Green advised that she was unsure about retaining an expert witness in this matter because she was concerned about the cost of litigation. Undersigned counsel advised Ms. Green of the serious need for an expert in this matter and Ms. Green advised, once again, that she would speak with her family concerning the retainer fee for the expert. 356682-1 14. On May 10, 2006, undersigned counsel and his legal assistant, Jessica Stine, contacted Ms. Green via telephone to advise that the discovery responses had not been received and were due immediately. Ms. Green advised that she was attempting to complete the discovery responses and would mail them out the same day (May 10, 2006). Ms. Green also advised that she would contact undersigned counsel no later than the following day (May 11, 2006) as to her final decision concerning the retainer for the expert witness. 15. On May 23, 2006, undersigned counsel, with his legal assistant, Jessica Stine, attempted to contact Ms. Green via telephone and were advised by her sister, Debbie, that Ms. Green was at a physical therapy appointment and would return later that afternoon and return the call. Undersigned counsel explained that it was urgent that Ms. Green contact counsel as soon as possible. Ms. Green did not return the telephone call to undersigned counsel. 16. On May 25, 2006, undersigned counsel and his legal assistant, Jessica Stine, left a detailed telephone message for Ms. Green at her home number requesting a return telephone call to discuss the retainer for the expert and again advising as to the serious nature of the now delinquent discovery responses and verifications. 17. On May 26, 2006, undersigned counsel and his legal assistant, Jessica Stine, during a telephone conference with Ms. Green, were advised by Ms. Green that she was speaking with her brother in reference to the funds necessary to retain an expert for this matter. 18. On May 26, 2006, undersigned counsel advised Ms. Green that Defense counsel had scheduled her deposition for June 22, 2006 and that the discovery responses must be returned to Defense counsel as soon as possible or a Motion to Compel could be filed. Undersigned counsel was advised that the discovery responses were complete and that the responses and verifications would be mailed on May 26, 2006. 356682-1 19. To date, the discovery responses have not been received by undersigned counsel. 20. From May 26, 2006 through the current date, undersigned counsel and his assistant, Jessica Stine, have consistently tried to contact Ms. Green without success. Ms. Green has not returned telephone calls and has not provided undersigned counsel with the responses to discovery requests or with an answer concerning the retention of an expert in this matter. 21. On June 15, 2006 undersigned counsel, via United States First Class mail and delivery via Federal Express forwarded a letter to Ms. Green advising that, due to her lack of cooperation, undersigned counsel could no longer protect her interests in this matter. 22. Because Ms. Green has failed to cooperate with undersigned counsel and has failed to abide by the terms of her Fee Agreement, undersigned counsel respectfully requests this Honorable Court allow counsel to withdraw in this matter. WHEREFORE, Movants, the Law Firm of Metzger, Wickersham, Knauss and Erb, P.C. respectfully requests this Honorable Court to approve its Motion to Withdraw as Counsel in this matter. Respectfully submitted, METZGER, By Date: ~'"~~ KNAUSS & ERB, P.C. Andrew V~L._ Norfleet, Attorney I.D. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 356682-1 CERTIFICATE OF SERVICE I, Andrew W. Norfleet, Esquire, of Metzger, Wickersham, P.C., do hereby certify that on this ~g'day of June, 2006, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, postage prepaid, as follows: Barbara Ann Green 220 Senior Drive Shippensburg, PA 17257 Adam M. Sorce, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andre W. Norfle E ~ e 356682-1 METZGER, WICKERSHAM, P.C. Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff, (7171238-8187 Bazbaza Ann Green BARBARA ANN GREEN, v. SENIOR COTTAGES OF IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, LTD, t/d/b/a/ and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI of SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUMPHREY MANAGEMENT t/d/b/a HAI MANAGEMENT, Defendants CIVIL ACTION -LAW N0.06-1440 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO ATTACH EXHIBITS TO PLAINTIFF'S MOTION TO WITHDRAW AS COUNSEL TO THE HONORABLE JUDGES OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: Please attach these exhibits to Plaintiff's Motion to Withdraw as Counsel filed in the Cumberland County Prothonotary's Office on June 20, 2006. Respectfully submitted, METZGER, WI, CK1~AM, KNAUSS & ERB, P.C. By ~' Andrew W. orfleet, Esq e Attorney I.D. No. 83894 P.O. Box 5300 Date: ~'~~~~~ 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 356935-t CERTIFICATE OF SERVICE I, Andrew W. Norfleet, Esquire, of Metzger, Wickersham, P.C., do hereby certify that on this Zl day of June, 2006, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, postage prepaid, as follows: Barbara Ann Green 220 Senior Drive Shippensburg, PA 17257 Adam M. Sorce, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 METZGER, WI M, KNAUSS & ERB, P.C. By. Andre . Norfleet, squ re 356935-1 CONTINGENT FEE AGREEMENT I, '` huc~.. ~P~r retain and authorize the law firm of Metzger, Wickersham, Knauss & Erb, P.C, to do whatever they deem necessary or desirable in order to represent me in all claims for compensation and reimbursement for personal injuries, wage loss, and economic and other damages resulting from o, G =1 l can or c~4~~ f- ~-l -o ~t 1. Attornev's Fees: The fee of the attorneys shall be contingent as follows: (a) Thirty-three and one-third percent (33 1/3%) of gross recovery; (b) SHOULD THERE BE NO RECOVERY BY SUIT OR SETTLEMENT, SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR LEGAL SERVICES RENDERED. 2. Expenses of Liti ag lion: Actual expenses incurred on the business of the client shall be borne by the client and my attorney shall be reimbursed out of the balance, after deduction of attorneys fees, of any recovery for all legal expenses incurred in the prosecution of this claim which have not akeady been paid by me. I do hereby agree to pay all expenses incun•ed by my attorney in the preparation and presentation of this case and do understand that these expenses include, but may not be limited to, costs of medical reports and records, stenographic expenses connected with depositions, expert witness fees, photocopying chazges, and mileage charges connected with the rendering of legal services. I understand that I am responsible for payment of these expenses regardless of the eventual outcome of the case and fiuther understand that if my attorney deems it necessary, I may 219810-I - 1 - Document #: 219810.1 be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any deposition. 3. I hereby further agree that my attorney may change me reasonable additional compensation if it is necessary to try the case more than once, if the case is appealed, or if proceedings in other courts aze necessary because of the change of circumstance of a party or for other reasons. 4. I hereby fiuther agree that my attorney is hereby authorized to bring suit or to settle and compromise the claim, to execute all documents pertaining thereto, and to do all lawful acts requisite for effecting the claim on my behalf. 5. I further authorize my attorney to pay out of any proceeds of settlement or trial any unpaid medical bills for treatments or services made necessary by the injuries sustained in this accident and any workers' compensation liens. 6. I agree that my attorney accepts this employment on the condition that he will investigate this claim, and if it appears to be a recoverable claim, he will proceed to handle the claim; but if, after investigation, the claim does not appeaz to be recoverable, said attorney shall then have the right to rescind this Agreement. 7. I hereby further agree that if I decide to terminate this authority before any settlement is offered or any awazd is obtained the firm shall be entitled to reasonable compensation ~r1,~.- for all work done on the case up to that point. I agree that reasonable compensation for C. ~,Ue~e, Sgeazs Esquire, or any other attorney involved in the handling of this case, shall be One Hundred Seventy-five ($175.00) Dollats per hour, or such higher rate as shall constitute his standard billing rate at the time that the work is performed. 219810-1 - 1 - Document #: 219810.1 8. I agee that my attorney may withdraw from this case at any time after reasonable notice to me, and I agee to keep him advised of my whereabouts at all times and to cooperate at all times in the preparation and trial of this case, to appear upon reasonable notice for depositions and Court appeazances, and to comply with all reasonable requests made of me in connection with the preparation and presentation of this case. 9. I understand and agee that in the event that my account is fumed over for collection because of unpaid fees and/or costs/expenses, Iwill be responsible for payment of the costs of suit as well as reasonable attorney fees incurred in the collection of the monies owed to Metzger, Wickersham, Knauss & Erb, P.C. IN WITNESS WHEREOF, I have signed below on this ~`'lday of ~~ , 2~~ /~ LIENT: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ATTORNEY: ?aidfew~-ipears, Esquire C\or~c-~Je.Ver~ 219810-1 -1- Document #:219810.1 February 24, 2005 3211 North Front Street PO. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Barbarba Ann Green Fax: 717-z~1-9a7s 220 Senior Drive Shi ensbur , PA 17257 Other Offices pP g Colonial Park Lancaster 717-652-7020 717-431-0138 RE: Incident -May 1, 2004 Mechanicsburg Millersburg 717-691-5577 717-692-5810 Shippensburg York Deat Ms. Green: 717-s3o-7sls n7-843-osoz Thank you for choosing the law firm of Metzger, Wickersham, P.C. to represent you in your personal injury claims arising out of the incident on May 1, 2004. We look forwazd to helping you through this difficult time. It is our desire to deliver the best possible results for you, and to do so requires your cooperation. Many times, people say and do things which affect their claims without realizing the legal O significance of their actions. To assist us in handling of your claim, please note the following: DO NOT DISCUSS YOUR ACCIDENT WITH ANYONE, except personnel of this office. We are in the process of corresponding with the relevant parties/insurance company(s). If you aze contacted by anyone, you should immediately notify them that you are being represented by n an attorney and request their name and telephone number. Give them our name and telephone urJ number and ask them to contact us directly. YOUR INSURANCE COMPANY: It is important that you comply with the terms of your ~ n insurance policy so that you will be entitled to all benefits. Advise your agent or broker that we V have the information regarding the accident. If they insist upon taking a report or statement from you, have them call our office before you give the written or oral statement. CORRESPONDENCE FROM ANYONE OTHER THAN YOUR ATTORNEY: Mail all related correspondence that you receive to our office, including those from your own insurance company. Complete all forms and reports and mail them to this office first for our review. LOST INCOME: If you aze unable to work at any time during the recovery period, you must keep your employer advised. It is also important for you to obtain disability certificates from the treating physician/facility and to provide a copy of the off-work disability slips both to your employer and this office. James F. Caz] Edwazd E. Knauss, N" Jered L. Hock Steven P. Miner Clazk DeVere Francis J. Lafferty; N David H. Martineau Andrew W. Norfleet Andrew C. Spears Young-Suh Koo Board Certified in evil trial law and advocacy 6y the Natiawl Board arTiwl Advocacy Bazbazba Ann Green February 24, 2005 Page 2 FOLLOW YOUR DOCTOR'S ADVICE: Only by following your doctor's advice can you hope to hasten your recovery. You should advise your doctor of all medical complaints, including minor ones, so your medical condition can be properly documented and evaluated. Before we commence settlement negotiations with the insurance company, we recommend that all medical treatment be completed or you reach maximum medical improvement. We cannot intelligently evaluate your case until we have obtained all final medical bills, corresponding records and wage loss information. MEDICAL BILLS: You should submit your bills to your health insurer. It is important for you to understand that all outstandine medical bills are ultimately your resuonsibility. even if we make a claim for them later to the liability insurer. It is imperative that you utilize only those physicians/facilities listed and approved by your health insurance carrier. If you have any questions or concerns in this regard, contact your health insurance carrier or my legal assistant for further directions. If you do not have medical insurance then you should discuss the possibility of payment an•angements with the provider of services immediately. If the physician/facility will accept payment arrangements, then you should make arrangements that fit your budget. If the physician/facility will not accept payments, then you should discuss the possibility of a lien with that physician/facility. Again, we will assist and answer any questions you may have. EXPENSES: Keep a record of all expenses related to your claim, including bills and receipts for doctors, hospitals, ambulance costs, medication, mileage expenses, and other miscellaneous expenses relating to the accident. You can either mail in or drop off all proof of expenses. KEEPING YOUR ATTORNEY UP TO DATE: Inform this office of any of the following: A. A change in address or telephone number; B. A change in place of employment; C. Updates on medical condition and/or treatment; D. The date of discharge by your physician; E. Names of all treating physicians/facilities; and F. Anything which may occur to you after our interview which you feel would be important to your claim or affect the claim in any way. Further, should you have any questions concerning the status of your case, or questions in general, please feel free to call. If we are unavailable, please leave a message with your specific question. We will get back to you with an answer in a timely manner. 322115-1 Bazbarba Ann Green February 24, 2005 Page 3 In the event there aze any important developments in your case, we will contact you immediately. We will, however, refrain from contacting you unless we have something defmite to report. Remember, we remain available by appointment in the event you wish to discuss any aspect of your claim. It is our intent to provide you with the best possible service. By following the above suggestions, you will enable us to do this and resolve your case as quickly and as successfully as possible. Sincerely, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clazk DeVere CDV\emb Enclosure(s) 322115-1 April 12, 2006 3211 North Front Street P.O. Box 5300 Harrisburg PA 17110-0300 717-238-81x7 Ms. Barbara Green Fax: 717-234-9478 220 Senior Drive Shippensburg, PA 17257 other officea Colonial Park Lancaster 717-652-7020 717-431-0138 RE: 5/08/04 Fall at the Cottages of Shippensburg Mechanicsburg Shippensburg 717-691-5577 717-530.7515 Dear Barbara: wilkea-Earre York s7o-azsasoo n7-s43-osoz Enclosed pease find Defendants' Interrogatories and Request for Production of Documents directed to Plaintiff in the above-referenced matter. Interrogatories and Request for Production of Documents are generally referred to as "discovery" and aze basically requests for specific factual information and documents used to discover facts attendant to the case. Accordingly, we are requesting your assistance in responding to the enclosed discovery as follows: 1. I have highlighted the Interrogatories with which we require your assistance. Please 0 write your answers directly below the corresponding Interrogatory. 2. Please respond to the highlighted requests in the Request for Production of Documents in the same manner as instructed in number one above. Please also forward to me any documents you have that are responsive to these requests, such as your income tax returns. ~J 3. Please sign and date the enclosed Verification Forms. 4. Please return to me your handwritten answers, any responsive documents and al] three ~/~ signed and dated Verification forms. Aself-addressed, stamped envelope is enclosed for ~u( your convenience. We aze currently in the process of drafting discovery responses and we will incorporate your answers into the responsive pleadings. The Pennsylvania Rules of Civil Procedure require our response within 30 days of the date the discovery was mailed. Therefore, we must provide responses to defense counsel no later than May 10, 2006. Accordingly, please return to me your answers and signed Verification forms as soon as possible. In the interim, please feel free to contact me with any questions or concerns you may have. Thank you for your prompt cooperation in this regard. Sincerely, METZGBR, WICKERSHAM, KNAUSS & ERB, P.C. Jessica A. Stine, Paralegal Enclosures 351992-1 James F Caz] Edward E. Knauss, N' Jered L. Hock Steven P Miner Clark DeVere Francs J. Lafferty, N Andrew W. Norfleet Karen W. Miller Robert P. Grubb `Board Certified in civil trial law and ad'aocary 6Y the Natiarud Board n r~ .i -n c._ -r r~~~' _~a _' 7 f\.y _ -',_~~~ f ~) _ .. :J C~1 -< "„~ .. ~: ,SUN ~ .- [006 L_~~~-~.__~ _- METZGER, WICKERSHAM, P.C. Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff, (7171238-8187 Barbara Ann Green BARBARA ANN GREEN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. SENIOR COTTAGES OF SHIPPENSBURG, LTD, t/dlb/a/ and a/k/a COTTAGES OF SHIl'PENSBURG, INC., HDC/HDI of SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUMPHREY MANAGEMENT t/d/b/a HAI MANAGEMENT, :CIVIL ACTION -LAW NO.06-1440 CIVIL TERM Defendants :JURY TRIAL DEMANDED ryry ~ RULE TO SHOW CAUSE AND NOW this4`'O day of June, 2006, upon consideration of the Motion to Withdraw as Counsel, Plaintiff, Barbara Ann Green is hereby ordered to show cause within ten (10) days of service of this Rule why the attached Motion shoul a ted. y the J. cc: ~ndrew W. Norfleet, Esquire, P. O. Box 5300, Harrisburg, PA, 17110-0300 Barbara Ann Green, 220 Senior Drive, Shippensburg, PA, 17257 dam M. Sorce, Esquire, 620 Freedom Bu iness Center, Suite 300, King of Prussia, PA, 19406 Court Administrator's Office '~ ,c~C1Y • y a 356682-1 iv l n j _ ~{~ 'l.J O ti i y i,,;,~~ -~`..% ~`i-~l -~ -L, SHERSFF'S RETURN - REGULAR 1 CASE NO: 2006-01440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN BARBARA ANN VS SENIOR COTTAGES OF SHIPPENSBUR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SENIOR COTTAGES - SHIPPENSBURG LTD AKA COTTAGES OF SHIPPENSB the DEFENDANT at 1642:00 HOURS, on the 17th day of March 2006 at 300 DWELLING COURT SHIPPENSBURG, PA 17257 by handing to THOMAS VOVAKAS, ASST MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 17,60 Affidavit .00 Surcharge 10.00 .00 45.60 Sworn and Subscribed to before me this _1Q¢ _ day of ~+.~ ~.wC, A . D . So Answers: ~~f„~s~6t~ y~.aE R. Thomas Kline 03/20/2006 METZGER WICKERSHAM By' l ~~~~A~ Deputy Prothonotary ~ CASE N0: 2006-01440 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN BARBARA ANN VS SENIOR COTTAGES OF SHIPPENSBUR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon I OF SHIPPENSBURG DEFENDANT the at 1642:00 HOURS, on the 17th day of March 2006 at 300 DWELLING COURT SHIPPENSBURG, PA 17257 by handing to THOMAS VOVAKAS, ASST MANAGER, a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriffs Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ISO= day of f~•.~ ae~ A.D. So Answers: R. Thomas Kline 03/20/2006 METZGER WICKERS BY : /fj~ DeputyDeputy Sheriff Prothonotary METZGER, WICKERSHAM, P.C. Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff, (717)238-8187 Barbara Ann Green BARBARA ANN GREEN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. SENIOR COTTAGES OF SHIPPENSBURG, LTD, Ud/b/a/ and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI of SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUMPHREY MANAGEMENT t/d/b/a HAI MANAGEMENT, Defendants CIVIL ACTION -LAW N0.06-1440 CIVIL TERM JURY TRIAL DEMANDED PETITION TO MAKE RULE TO SIIOW CAUSE ABSOLUTE AND NOW, comes Andrew W. Norfleet, Esquire and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and hereby moves this Honorable Court to Make Absolute the Order of June 26, 2006, and to allow law firm of Metzger, Wickersham, Knauss & Erb, P.C. to withdraw as counsel for Plaintiff Bazbaza Ann Green. In support thereof, the following is respectfully represented: 1. Undersigned counsel, on behalf of law firm of Metzger, Wickersham, Knauss & Erb, P.C. filed a Motion to Withdraw as counsel for Plaintiff Bazbaza Green on June 20, 2006. 2. On June 26, 2006, this Honorable Court issued a Rule to Show Cause (hereinafter, "the Rule") requiring Bazbaza Green to Show Cause why the Motion to Withdraw as Counsel, filed on behalf of law firm of Metzger, Wickersham, Knauss & Erb, P.C. should not be granted, 343376-1 returnable ten (10) days from service of the Rule. The Rule was docketed in the Office of the Clerk of Courts on June 26, 2006. (See, Rule of June 26, 2006, attached hereto as Exhibit "A"). 3. Undersigned counsel, on behalf of law firm of Metzger, Wickersham, Knauss & Erb, P.C., served the Rule On June 28, 2006, on Bazbaza Green via Certified Mail, Return Reciept Requested, and via United States Mail -First Class. (See, Certified Mail Envelope attached hereto as Exhibit "B.") 4. The certified letter was signed for by Bazbaza Green on June 29, 2006. 6. The certified mailing contained the undersigned counsel's correspondence to Bazbaza Green and a copy of the Rule to Show Cause of June 26, 2006. (See correspondence to Bazbaza Green attached hereto as Exhibit "C"). 7. Bazbaza Green has failed to respond to the Rule to Show Cause of June 26, 2006, within the ten (10) day period as instructed by this Honorable Court. 8. Despite undersigned counsel's attempt to contact Bazbaza Green, she has failed to contact undersigned counsel prior to or following the Order of June 26, 2006. 343376-1 WHEREFORE, undersigned counsel, on behalf of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., respectfully requests this Honorable Court make Absolute its Order on June 26, 2006, and allow the law firm of Metzger, Wickersham, Knauss & Erb, P.C., to withdraw as counsel for Barbaza Green. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andrew W. Nor eet, Esgmre Attorney ID #: 83894 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Date: O y`/it~i 343376-/ CERTIFICATE OF SERVICE I, Angela M. Lentz, of Metzger, Wickersham, P.C., do hereby certify that on this ~~day of September, 2006, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, postage prepaid, as follows: Via First Class Adam M. Sorce Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedon Business Center Suite 300 King of Purssia, Pa 19406 WICKERSHAM, KNAUSS & ERB, P.C. By: Lentz 362087-1 JIJiV ~ !i?l14 ~:~_.. METZGER, WICKERSHAM, P.C. Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys far Plaintiff; (717) 238-8187 Barbara Ann Green BARBARA ANN GREEN, v. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA SENIOR COTTAGES OF SHIPPENSBURG, LTD, Ud/b/a/ and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDClIIDI of SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUMPHREY MANAGEMENT Udlb/a HAI MANAGEMENT, Defendants CIVIL ACTION -LAW N0. 06-1440 CIVIL TERM JURY TRIAL DEMANDED ^/ ~~ RULE TO SHOW CAUSE AND NOW thisd"O~ y of June, 2006, upon consideration of the Motion to Withdraw as Counsel, Plaintiff; Barbara Ann Green is hereby ordered to show cause within ten (10) days of service of this Rule why the attached Motion shou d e red. y the J. cc: Andrew W. Norfleet, Esquire, P. O. Box 5300, Harrisburg, PA, 17110-0300 Bazbaza Ann Green, 220 Senior Drive, Shippensburg, PA, 17257 Adam M. Sorce, Esquire, 620 Freedom Business Center, Suite 300, King of Prussia, PA, 19406 Court Administrator's Office TRUE COPY F"'-''~! nc'+~+'~"R!R ss~csz-i In 7nstimony whereof 1 her;: unTa :~:r :., nan~ e~: ~ - seal of said Car4isleb Pa. 1h; ~~. ..,, . D / . y ~ Y~ ~~,~ „t _ _.. nMFry.e .. . a aMro.-fnw -~-. .... . u~.z^ jTyFi.wk ~ .: •• N ~ ~ ~ Q- 7 , ~ -~ sH r Que 1 ~ tt 4 s0 I i ~ ~ ~ t N vosmse s 5 P ~ o 6?.40 i i~lb 6' o c~runea Fie i Poseneik ~ o ~m r~ i1.E5 J N 2 8"2906 ~ ~~ o RestrbW rvery Fee 40.UU ..O (Ergoreemem Requlredj. ''~ $ 55.60 bl?f<l20~ TotelPOetege9Feea u'I ~ ~ 1(],^wwlI^^^^^^ ~ Y~XI1s~-s~ N ~4mr ~~ .Qnn i AQ ~ l U T~ ~- ~ '~, USPS ISBURG PA HARRISBURG, Pennsylvania 171069714 4134870106-0094 06/28/2006 (900>275-8777 05:57:58 PM Sales Receipt Product Sale Unit flnel Description Oty Price Price 1 SHIPPENSBURG PA 17257 $1.35 First-Class 4.10 oz. Return Rcpt (Green Card) $1.85 Certified $2.40 Label N: 70051160000524784907 Customer Postage -$5.60 Subtotal: $0.00 Total: $0.00 Pald by; BiI1N: 1000602069337 Clerk: 16 - All sales final on stamps and postage. - Refunds for guaranteed services only. Thank you for your business. b`~ ~ ~ ~ti 4 ~~ ~----° 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-03t 717-238-8187 Fax:717-234-9478 June 28, 2006 Via Certified-Return Receipt and Rerular Mail Ms. Bazbaza Green 220 Senior Drive Shippensburg, PA 17257 RE: 5/08/04 Fall at the Cottages of Shippensburg Deaz Ms. Green: Other Offices Colonial Park Lancaster 717-652-7020 717-431-O1c Mechanicsburg Shippensln 717-691-5577 717-530-75f Wilkes-Barre York 570-825-7500 717-843-O5t Enclosed herewith please find the Rule to Show Cause dated June 26, 2006 with a second copy of our Motion to Withdraw as Counsel in this matter. Please be advised that you have ten (10) days from the date of service of the Rule within which to show cause as to why our Motion to Withdraw as Counsel should not be granted. Please be advised that I plan to file a Rule to Make Absolute for the Rule to Show Cause on the expiration of the tenth day from the service of the Rule. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, PC Andrew W. Norfleet AWN/smb 357337-1 I James F. Carl Edward E. Knauss, IV" Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty, N Andrew W. Norfleet Karen W. Miller Robert P. Grubb "Board Certified in civil trial law and advocacy 6y the National Board ~~ ~ c,y , ~ i a ~~ tT=`. ~~ t'•'ir ~~ ~ 1 -iY .,~ ; ^:'~ C ~ ~ ~, c-~G> t '~ ~i~~ y .._ ~..~ -f ~ . _] METZGER, WICKERSHAM, P.C. Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 1 7 1 1 0-0300 Attorneys for Plaintiff, ~717~238 8187 Barbara Ann Green BARBARA ANN GREEN, v. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA SENIOR COTTAGES OF SHIPPENSBURG, LTD, t/d/b/a/ and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI of SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUMPHREY MANAGEMENT t!d/b/a HAI MANAGEMENT, Defendants CNIL ACTION -LAW NO.46-1440 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes Plaintiff, Barbara Ann Green, by and through her counsel, Metzger, Wickersham, Knauss & Erb, P.C., to reply to the New Matter of Defendants as follows: 54. Denied. This paragraph of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the Plaintiff has stated causes of action upon which relief can be granted as set forth in the Complaint filed in this action, which Complaint is incorporated herein by reference. 55. Denied. This paragraph of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the 353749-1 averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, To the extent that a reply is required, it is specifically denied that Answering Defendants' had no duty to Plaintiff and strict proof to the contrary is demanded at trial. 56. Denied. This paragraph of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Answering Defendants breached no duty to Plaintiff and strict proof to the contrary is demanded at trial. 57. Denied. It is specifically denied that the property at issue was not the Answering Defendants'. By letter of April 12, 2006, counsel for Answering Defendants confirmed that Answering Defendants owned and/or maintained the sidewalk upon which Plaintiff fell. See correspondence attached hereto and incorporated herein by reference as Exhibit "A". 58. Denied. This paragraph of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is denied that any defect on the property was trivial or de minimus and strict proof of the same is demanded at trial 59. Denied. This paragraph of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is denied that any defect existing on the property was open and obvious and strict proof of the same is demanded at trial. 353749-1 60. Denied. This paragraph of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Answering Defendant had no actual notice of any defect on the property and strict proof to the contrary is demanded at trial. 61. Denied. This paragraph of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Answering Defendants had no constructive notice of any defect on the property and strict proof to the contrary is demanded at trial. 62. Denied. Paragraph sixty-two of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that no act or omission by Answering Defendants caused any injuries or losses or damages to Plaintiff and strict proof to the contrary is demanded at trial. 63. Denied. Paragraph sixty-three of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff, Barbara Green, was not negligent in any manner and Answering Defendants have failed to specify the "person or persons" who may have caused Plaintiff's injuries and the same is accordingly denied. Strict proof of the same is demanded at trial. See also, correspondence attached hereto and incorporated herein by reference as Exhibit "A". 353749-I 64. Denied. Paragraph sixty-four of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff, Barbara Green, was not negligent in any manner and Answering Defendants have failed to specify the "force or forces" that may have caused Plaintiff's injuries and the same is accordingly denied. Strict proof of the same is demanded at trial. 65. Denied. Paragraph sixty-five of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff, Barbara Green, was not negligent in any manner and Answering Defendants have failed to specify the "condition or conditions not under the control of Answering Defendants and for which Answering Defendants were not responsible" that may have caused Plaintiff's injuries and the same is accordingly denied. Strict proof of the same is demanded at trial. See correspondence attached hereto and incorporated herein by reference as Exhibit "A". 66. Denied. Paragraph sixty-six of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Plaintiff was contributorily negligent and strict proof of the same is demanded at trial. 67. Denied. Paragraph sixty-seven of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is 353749-1 specifically denied that Plaintiff's cause of action is barred or reduced by the Pennsylvania Comparative Negligence Act and strict proof of the same is demanded at trial. 68. Denied. Paragraph sixty-eight of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Plaintiff assumed the risk of her actions and strict proof of the same is demanded at trial. 69. Denied. Paragraph sixty-nine of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Plaintiff's cause of action is barred by the appropriate statute of limitations and strict proof to the contrary is demanded at trial. 70. Denied. Paragraph seventy of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Plaintiff's cause of action is barred by the statute of repose and strict proof to the contrary is demanded at trial. 71. Denied. Paragraph seventy-one of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that any claim for delay damages should be dismissed because such damages are unconstitutional and/or unlawful and strict prrof of the same is demanded at trial. 353749-1 72. Denied. Paragraph seventy-two of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Plaintiff has failed to provide timely notice of the defect(s) as required by the law of warranty and strict proof to the contrary is demanded at trial. 73. Denied. Paragraph seventy-three of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, see Plaintiff s Complaint filed in this matter, which Complaint is incorporated herein by reference. 72. [sic] Denied. This paragraph, incorrectly identified as paragraph seventy-two, of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Plaintiff failed to abide by the terms of the lease. By way of further reply, Answering Defendants have failed to state how Plaintiff failed to abide by the terms of the lease and therefore, Plaintiff is without sufficient knowledge or information to answer the averment and it is denied. The remainder of this paragraph of Answering Defendants' New Matter contains allegations which are specifically denied and strict proof of the same is demanded at trial. 73. [sic] Denied. This paragraph, incorrectly identified as paragraph seventy-three of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Plaintiff failed to adhere to the Americans with Disabilities Act. By way of further reply, Answering Defendants have failed 353749-1 to state how Plaintiff failed to adhere to the Americans with Disabilities Act and therefore, Plaintiff is without sufficient knowledge or information to answer the averment and it is denied. Strict proof of the same is demanded at trial. 74. Denied. Paragraph seventy-four of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Plaintiff failed to adhere to the Landlord and Tenant Act. By way of further reply, Answering Defendants have failed to state how Plaintiff failed to adhere to the Landlord and Tenant Act and therefore, the averments are specifically denied and strict proof of the same is demanded at trial. 75. Denied. Paragraph seventy-five of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). To the extent that a reply is required, it is specifically denied that Plaintiff breached the Lease Agreement. By way of further reply, Answering Defendants have failed to state how Plaintiff breached the Lease Agreement and therefore, the averments are specifically denied and proof of the same is demanded at trial. 76. Denied. Paragraph seventy-six of Answering Defendants' New Matter contains a conclusion of law to which no reply is required. To the extent that a reply is required, the averments are denied pursuant to Pa.R.C.P. No. 1029(e). To the extent that a reply is required, it is specifically denied that no defect existed on the precise location of Plaintiff's fall. It is further denied that on the date of Plaintiff's fall, the location of Plaintiff's fall was "to code as required by the State of Pennsylvania, and all local ordinances", and strict proof is demanded at trial. 353749-1 WHEREFORE, Plaintiff demands judgment in her favor and against Defendants with costs of suit, interest and/or delay damages assessed to Defendants. METZGER, WICKEKSHAM, KNAUSS & ERB, P.C. By Andrew W Attorney ~ -~ ~/. rfleet, Esquire . No. 83894 P.O. Box~5300 3211 No h Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 353749-1 CERTIFICATE OF SERVICE t' I, Angela M. Lentz, of Metzger, Wickersham, P.C., do hereby certify that on this ~ S day of September, 2006, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, postage prepaid, as follows: Via First Class Adam M. Sorce Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedon Business Center Suite 300 King of Purssia, Pa 19406 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~. ~~ Angela M. Lentz 362087-1 ~~ ~` ~~ Y~~ r~ D4/12/2006 15:55 FAX [7]002/003 ~,' A RE"G.101VAL .DE•FEfW[SE LITI•G'i,g7101W LAW FIHfN 1Y.LH.i(~1uiLLp ~~~, '~Yp ~~ FS~~ '4i0' -r"i~.R2~11 ~~7'..'rTN Scrkilhehem LvA~7In 1?oylav tame A P~ n c+ r' a s a c o u w C~ C w a r o n n t t w v veWW,amBlshall Com L'erir dC'i121'C""7" HarriyUurp, IiirtC o.f Pruysiu Plulade7phiu Nitnburgh 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 v;~utln (610) 354-8250 • Fax (610) 354-8299 N~ ~lKSICY cncrcr Trill RuJ~rlund Direct Dial: 610-354-8278 Email: amsorce@mdwcg.com April 12, 2006 BY FACSIMILE Andrew W. Norfleet, Esquire Metzer, Wickersham, Knauss & Erb, P. C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 RE: BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPEN5BURG, et al CUMBERLAND COUNTY CCP, N0.06-1440 OUR FILE NO.13304-00118 Dear Mr. Norfleet: D7-T.AWA Ii iC WiImuJKn~uJ 7'LORTIJA Ppri I.MLLLr CdaIC l9tlll'Un~'illL' Uduruin Tampa 07350 Al~rr»J It was a pleasure speaking with you today regarding the above captioned matter. As you know, I traveled to the Senior Cottages of Shippensburg today to gather information on this incident, It is my understanding, through speaking with my client, that the only defendants who should be named in this matter are the three I identified in nzy fax yesterday. The other entities, to the best of my knowledge, either do not exist or are not related to my clients. It is my understanding that my clients owned and/or maintained the sidewalk upon which your client allegedly fell. However, it is my further understanding that they do employ asub-contractor for snow removal and landscaping, neither of which I believe are related to this incident. However, I did want to inform you of that fact. I trust this provides you with the information that you need. I have not been given any information to indicate that any other entity should be involved, I do not anticipate joining any additional parties. If this does not meet with your satisfaction, please let me know at your earliest convenience so that I can file the appropriate Answer which is due next week. 04/12/2006 15:55 FAX Andrew W. Norfleet, Esquire April 1 Z, 2006 Page 2 C~j 003!003 I thank you for your time and attention to these matters. Please feel free to call me with any questions. Very truly yours, ,~`~ A am M. Sorce AMS;kmd \26 AU.,IAB\.4MSORCEICORR\791705~ICMD~UGHERTY\13304\00118 ..,, (' ~ ~ z ~„ ~v ~~ ~~ ~r_ -r-. -~ _ =;=~ =- ;:-7 ..~ RECEI~~~'.~~. SEP 0 8 ~~~~ j BY: METZGER, WICKERSHAM, P.C. Andrew W. Norfleet, Esquire Attorney I.D. No. 83894 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff, (717) 238-8187 Barbara Ann Green BARBARA ANN GREEN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. SENIOR COTTAGES OF SHIPPENSBURG, LTD, t/d/b/a/ and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI of SHIPPENSBURG, LLC, HOMES FOR SHII'PENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, HUMPHREY MANAGEMENT t/d/b/a HAI MANAGEMENT, Defendants CIVIL ACTION -LAW NO.06-1440 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, THIS~~'~day of September 2006, The Rule issued by Order of this Court dated June 26, 2006, is hereby made Absolute. Further, it is Ordered that the law firm of Metzger, Wickersham, Knauss & Erb, P.C., is permitted to withdraw as counsel for Plaintiff, Barbara Green. DISTRIBUTION: J. cc: ,~1~n ew W. Norfleet, Esquire, 3211 North Front Street, P.O. Box 5340, Hbg, PA 17110 arbara Green, 220 Senior Drive, Shippensburg, Pa 17257 dam M. Sorce, Esquire, 620 Freedom Busine Ce ter, Suite 300, King of Prussia, Pa 19406 Court Administrators Office. J ' 343376-1 ~, ~/\ ~~ .~ ;+ `~~ i f i ~~^~. ~44%tty, -. - :~-.~ ..a v ~ .... ... ,' ___. , f MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DAVID F. WHITE, ESQ. ADAM M. SORCE, ESQ. I.D. 55738/88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 610-354-8250 610-354-8299 (FAX) dfwhitena,mdwc .com amsorce ,mdwcg com Attorneys for Defendant, Senior Cottages of Shippensburg, Ltd., t/d/b/a and a/k/a Cottages of Shippensburg, Inc. BARBARA ANN GREEN COURT OF COMMON PLEAS CUMBERLAND COUNTY v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d/b/a and aik/a COTTAGES ,OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/bia HUMPHREY MANAGEMENT CIVIL DIVISION NO. 06-1440 DEFENDANT'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND FOR THE DEPOSITION OF PLAINTIFF, BARBARA GREEN AND NOW COMES Defendant, by and through undersigned counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and for its Motion to Compel, avers as follows: 1. On or about April 10, 2006, Defendant propounded Interrogatories, Expert Interrogatories, Damage Interrogatories and a Request for Production of Documents upon Plaintiff. See Exhibit "A". 2. Plaintiff s responses were due on or about May 10, 2006. 3. To date, Plaintiff has refused andJor failed to respond to Defendant's discovery. 4. Counsel for Defendant has made numerous attempts to obtain this discovery. 5. Recently, this Court granted Plaintiffs counsel's Motion to Withdraw as counsel for Plaintiff. 6. The undersigned has previously contacted Plaintiffs counsel, as well as Plaintiff herself, subsequent to the withdrawal of her counsel, to obtain these discovery responses. See Exhibit "B". 7. Neither Plaintiffs attorney nor Plaintiff herself has responded with the appropriate discovery responses. 8. Additionally, counsel for the undersigned has requested on several occasions that Plaintiff sit for her deposition. 9. Plaintiff has failed and/or refused to sit for her deposition. 10. Defendant requires Plaintiffs discovery responses and Plaintiffs deposition to properly prepare its defense and is prejudiced to the extent it cannot do so. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order in the form attached hereto. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DAVID .WHITE, ESQ. ADAM M. SORCE, ESQ. Attorneys for Defendant Date: ~t~' ~ ~ ` U ~' \26 A\LIAB\AMSORCE\DISC\821232UCMDOUGHER'TY\13304\00118 Marshall, Dennehey, Warner, Coleman 8~ Gog~in David F. White, Esquire/ I.D. No. 55738 Adam M. Sorce, Esquire/I.D. No. 88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 610-354-8250 Fax: 610-354-8299 Email: dfwhiteCa~mdwcg.com amsorce(a~mdwcg com BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., tIdlb/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDCIHDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT Attorneys for Defendant, COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.06-1440 CERTIFICATE OF SERVICE I, Adam M. Sorce, Esquire, do hereby certify that a true and correct copy of Defendants' Interrogatories, Damage Interrogatories, Expert Interrogatories and Request for Production of Documents Directed to Plaintiff was served upon all parties by first class mail on the below listed date at the following addressees: Andrew W. Norfleet, Esquire Metzer, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 ~' ~/ ~'~ Dated: ~ ~ ~ ~' Respectfully submitted, L ADAM M. SORCE, ESQUIRE A REGIONA ~EFfNSE LITIGATION LAW FIRM i COLEMAN DARNER ~ GOGGIN DFNNEIH[EY 11 IA AL ParavmoeMw 8 hleh e t , c , ~ ,R,SH L, n ~ ° ~ Erie A P R O F e S S I O N A L C O R P O R A T I O N WWW.mu~shalldennehey.CpIIl Hamsbuz8 King of Ptusua Plsdadelphu Pimbssrgh Scranton 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 WiDiamsp°rt N~ J~ (610) 354-8250 • Fax (b 10) 354-8299 Cherry Hill Aosclusd D~.-weue Q+ilmingcon Uwo Akron Direct Dial: 610-354-8278 F~~ Email: amsorce@mdwcg.com Fc. Lauderdale >>~~oo.~-e Oslassdo Tampa October 10, 2006 Barbara Ann Green 220 Senior Drive Shippensburg, PA 17257 RE: BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, et al CUMBERLAND COUNTY CCP, NO.06-1440 OUR FILE NO. 13304-00118 Dear Ms. Green: I previously wrote to you on September 20, 2006, about the above captioned matter. I have yet to hear from you. Please note that this litigation remains pending and you have a duty to aid me in the pursuit of discovery, which includes your deposition. I would ask that you please contact me upon receipt of this correspondence. I need to know whether you have retained new counsel, and whether or not you are going to go forward with this litigation. If not, we need to file certain documents to end the case. I Iook forward to hearing from you. This will be the last time I attempt to try to contact you. If I do not hear from you within ten (10) days, I will file a Motion with the Court to dismiss this case. I thank you for your time and attention to this matter. v y yo ,' Adam rce AMS;kmd \26 A\LIAB~AMSORCIr1CORR\8211000CMDOUGHERTY113304\00118 A REGIONP' ,. r1EEENSE LITIGATION LAW ~IRM ~ G W C _ PSNNSYLYANIA ~ OGGIN UI.IEMAN A-RNER~ 1'~"~HALL, DENNEHEY, ~, D~e Erie ~ ~~t A P R O F E S S I O N A L C O R P O R A T f O N WWW.II'ISfS~idCri11C}ICy.COfll ~~~"~ King ofPtnssia Philadelphia Pittsburgh Scranton 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 w~'°"P°" iv$w j~tsex 354-8250 • Fax (610) 354-8299 610 Cherry Hill ( ) Roseland D~,A~vAAE Wamingcon Direct Dial: 610-354-8278 Email: amsorce@mdwcg.com May 23, 2006 Andrew W. Norfleet, Esquire METZER, WICKERSHAM, KNAUSS & ERB, P.C. P.O. Box 5300 3211 N. Front Street Hamsburg, PA 17110-0300 RE: BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, et al CUMBERLAND COUNTY CCP, N0.06-1440 OUR FILE NO. 13304-00118 Dear Mr.~Norfleet: Oeno Akron CLl1RLL/A Ft. Lauderdale jackwsrville Ortand° Tampa 5 ~ C I Enclosed herewith please find a Notice of Deposition for plaintiff, Barbara Green, for June 22, 2006 at 10:00 a .m. in your office. This will confirm that we will secure the court reporter for this deposition. Thank you for your courtesy and attention to this matter. Ve our , Adam . Sorce ;kmd Enclosure ~2b A\LIABIAMSORCE\CORR179$b67UCMDOUGHERTYU 3304\001 l8 ,. ,- -~ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN David F. White, Esquire/ I.D. No. X5738 Adam M. Sorce, Esquire/I.D. No. 88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 610-354-8250 Fax: 610-354-8299 Email: dfwhite(a),mdwc .com amsorce@mdwcg. com BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., tJd/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDCIHDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., tld/bla HUMPHREY MANAGEMENT Attorneys for Defendant, Senior Cottages of Shippensburg, Ltd., t/d/b/a and a/k/a Cottages o f Shippensburg, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 06-1440 NOTICE OF DEPOSITION TO: Andrew W. Norfleet, Esquire Metzer, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 Please take notice that on June 22, 2006, at 10:00 a.m., the oral deposition of plaintiff, Barbara Green, will be taken at your office, upon oral examination pursuant to the rules of Civil Procedure before a Notary Public or some other officer authorized by law to administer oaths. The oral examination will continue from day to day until completed. By: Date: May 23, 2006 \26_A\LIABIAMSORC~UFRM\798666\KMDOUGHER"MI 33041Q(? 118 ADAM . SORCE, ESQ. VERIFICATION ADAM M. SORCE, ESQUIRE, hereby states that he is an attorney for Defendant in this action and verifies that the facts set forth in the foregoing Motion to Compel are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. I ADA .SOR ,ESQUIRE Dated: October~p, 2006 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that 1 did cause to be mailed, by regular, U.S. First Class Mail, a true and correct copy of Defendant's Motion to Compel Answers to Discovery Request and Deposition of Plaintiff, to the below listed on the date indicated: Barbara Ann Green 220 Senior Drive Shippensburg, PA (% ADAM M. S RCE, ESQ. Date: 1Q ~ ~ ~ ~ ~ r-~ ~ ~_:~ ~ « ~--, ` ~~ ~ ~ y ~-. ,. - . ~ ~-; ~ ~ ~ 4. L~ { + , _ ~~a ~~ Y t~; Y~ .~'~4. . { '~~" BARBARA ANN GREEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 06-1440 CIVIL SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT, Defendants IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this 2-'~ day of November, 2006, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, -~~ Kevin .Hess, J. a ;_ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DAVID F. WHITE, ESQ. ADAM M. SORCE, ESQ. I.D. 55738!88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 610-354-8250 610-354-8299 (FAX} dfwhite~mdwc~ com amsorce(a~Lmdwcg. com Attorneys for Defendants BARBARA ANN GREEN COURT OF COMMON PLEAS CUMBERLAND COUNTY v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT CIVIL DIVISION N0.06-1440 DEFENDANTS' PETITION FOR JUDGMENT OF NON PROS AND NOW COME Defendants, by and through undersigned counsel, and pursuant to Loc. R. 206.1, petition this court to enter a Judgment of Non Pros against Plaintiff for her failure to actively participate in this litigation and in support thereof, aver as follows: 1. This is a trip and fall case. Plaintiff, Barbara Ann Green, filed a Complaint against Defendants on or about March 14, 2006, alleging personal injuries as a result of the alleged trip and fall on Defendants' property. See Complaint, attached hereto a Exhibit "A". 2. Defendants subsequently answered, denying the material allegations contained within the Complaint. See Answer of Defendants attached hereto as Exhibit "B". 3. On or about April 10, 2006, counsel for the defendants propounded discovery in the form of Interrogatories and a Request for Production of Documents upon Plaintiffs attorney. See correspondence attached hereto as Exhibit "C". 4. On May 23, 2006, counsel for the Defendants and counsel for the Plaintiff, Andrew Norfleet, Esq., mutually agreed to take Plaintiffs deposition on June 22, 2006. See Notice of Deposition, attached hereto as Exhibit "D". S. On June 15, 2006, counsel for Plaintiff advised that his client was not cooperating in completing her discovery responses. Additionally, Plaintiffs counsel stated "I cannot guarantee her appearance at the deposition." See correspondence attached hereto as Exhibit "E". 6. Thereafter, Plaintiffs attorney filed a Motion to Withdraw as Counsel and the deposition of the Plaintiff had to be cancelled. 7. After this Court granted Plaintiffs Motion to Withdraw as Counsel, the undersigned attempted to contact Plaintiff on September 20, 2006, regarding this case. See correspondence attached hereto as Exhibit "F". 8. Plaintiff never responded. 9. On October 10, 2006, the undersign again attempted to contact Plaintiff and cautioned her that if the undersigned did not hear from her within ten (10) days, he would file a Motion to Dismiss with the Court. 10. Plaintiff never responded. 11. On October 20, 2006, Defendants filed a Motion to Compel Plaintiffs discovery answers and for deposition. See correspondence attached hereto as Exhibit "G". 12. The undersigned was never able to make service of the subsequent Rule to Show Cause as entered by the court upon Plaintiff. She never responded to service by regular mail, never answered the Motion, and never accepted service by Certified Mail. See documents attached hereto as Exhibit "H". 13. To date, Plaintiff has failed and/or refused to participate in this case. She has refused to answer discovery for her own attorney; she has refused to answer discovery upon request of defense counsel; she has refused to sit for her deposition; she has refused to answer the Motion to Compel, or otherwise respond to any contact initiated by defense counsel. 14. This Court may grant Defendants' Petition for Judgment of Non Pros "where Plaintiff is dilatory in prosecuting his action". pursuant to Rule 1037(c) of the Pennsylvania Rules of Civil Procedure. Gallagher v Jewish Hospital Association, 228 A.2d 732 (Pa. 1967). I5. Plaintiff has not taken any affirmative action to advance this case since filing her .Complaint nearly one year ago. 16. She has not responded to repeated requests for her discovery responses or her deposition. She, likewise, has not responded to any communication by defense counsel to her. 17. All affirmative actions in this case have been undertaken by defendant as is reflected in the foregoing paragraphs and attached exhibits. 18. Plaintiffs Complaint should be dismissed for failure of Plaintiff to prosecute her case in a reasonable time, for the following reasons: (a) Plaintiff has not taken any affirmative action in the prosecution of her litigation since the Complaint was filed in March of 2006; (b) There is no compelling reason for the delay; and (c) Defendants have sustained prejudice as a result of this delay. 19. Plaintiff's failure to proceed and her delay in the prosecution of her suit demonstrates a want of due diligence on Plaintiff s part. 20. Plaintiffs failure to proceed and delay in the prosecution of her suit gives rise to the presumption of abandonment of her action. WHEREFORE, Defendants respectfully request that this Honorable Court grant their Petition for Judgment of Non Pros and dismiss Plaintiff s Complaint with Prejudice. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN i BY: DAVID F. WHITE, ESQ. ADAM M. SORCE, ESQ. Date: r ~ ~ ~ ~~ ~26_A\LIAB\AMSORCE\LLPG\83 6856\KMDOUGHERTY113 304\00118 VERIFICATION ADAM M. SORCE, ESQUIRE, hereby states that he is an attorney for Defendants in this action and verifies that the facts set forth in the foregoing Petition for Judgment of Non Pros are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. oa,~ ~ a 6 0~ ADAM M. SORCE, ESQUIItE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I did cause to be mailed, by regular U.S. First Class Mail and Certified MaiUReturn Receipt Requested, a true and correct copy of the Petition for Judgment of Non Pros, to the below listed on the date indicated: Barbara Ann Green 220 Senior Drive Shippensburg, PA ADAM M. SORCE, ESQ. Date: ~'a~'~~ EXHLBIT "A" BARBARA ANN GREEN, IN' '1'IiE CO~JR7 OF C(~'vIlV[ON' PLEAS Plaiziti:ff ~ : OF CLJMBERLANA C+ ~ :INTY, PENI`3'SYLV.4~'v La v. : CIVS~. ACTION - LAL~' S)<NxOR COTTAGES OF - NO. 0 (.L - ! 4 ~~ `~~ ~--- S~PENSBLTRG, T~TD, tldfbla/ and a/k/a COTTACrFS OF SkIZPPENSBURG, INC., HI7C,'.I~.7i of S~X'Il'pENSBUIZG, LLC, . HOMES FOR SI-IIPPENS$URG, INC., SENIOR COTTAGES Ok' ,AMEFICA, T.,LC, HUIvB''H~EY MANAGEMENT t/d/bfa HAI MA~TAGEMEN'T, ~~ ~? ~.., .-, J Defendants :JURY `Z`RYAL DEMAI~ T BTU `~" ` "' i NOVICE TO D~)H'END ~.:•, . ~, -~'T~ TO: Senior Cottages of Shippensburg, LTD `~w ,''- - `~ ~-, Y ~~ t/dfb/a andlor alk/a Cottages of Shippensburg, Ina .. .-:;; ,, ~,~'~ , 300 Div elling Court _ - ~.._ . ~ •1 Shippensbur~ Pennsylvania 17257 ` ~' HAC/HDI of Shippensbvr~, LLC 300 Dwelling Court Slaippensburg, Pennsylvania 17257 kiocnes fox Shippcnsbtug, Inc. 222 Severn Avenue, Suite 1 ,Annapolis, Maryland 21043 Senior Cottages ofAu~erica, LLC ~_. 1660 South High~ray 100, Barite 122 St. Y~ouis Pax'i~,1Vlinnesota 55461 ~ MazLagezr~ent, Inc., t/d/b!a I~urnrphrey Managexz~.ent 7170 Riverwood Arive Columbia, Marylamd 21046 YOU ~3A1rE BEEN SUED JN COURT. Yf you wish to defend ~ ~ ai~ast the claims set forth in f3~e following pages, you must take actirnn within 'twenty _ (20) days , after ties Complaint and Noticc are served, by entering a wz:itten appeaxance personally-or by attt~xAey and ding in writi~ wi#h the Court your dcfexises or objectio~as to the claiz~as set forth, against Y ~u. X'ou arE warned that if }++nu fail to do so the case may proceed ~uvithout you and a judgment mad • i,e entered against yov by the Court without further notice for any mome~r claimed iua. the Complaint ~r for any other claazn or relief requested by the Plaintiff. You uaay lose money or property or oth~-~ights important to you. 34S86~J YOU SHOULn TAKE THXS P.A1'ER TO YOUR LAWXER ~+~7' OI~TCB. ~ YOU DO NOT HAVE A LA'V~TYER, CO TO OR TELEPI-~ONE THE OFFICE .;Ex FORTH BE~,OW, THIS OFFICE CAN PROVII7L YOU WfI`H IN'FORIvIATION ABOUT 7 3 R33VG A LA.VV~~ER. Z.F Y OU CANNOT AEfiORD TO HIRE .A. LA'VVYER, THIS OFk Z+;E MA's BE ABLE TD PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT' MAY O:E~'.~`ER. LEGAL SERVICES TO LLIGIEI...E PERSONS AT~A FEDUCBA ~E OR NO F`l ;?. Cumber~aaad CountsT Bar Associa~om 32 S. Bedford Stxeet Carlisie, kemns~l~ ania. 17013 P'iione: 1-800-990-9105 3~5~66-7 A.VYSO ~S`~D HA SIDO DEi~2ANDADO EN LA CORTE- Si usted ~ iesea defenderse de )3s quejas expuestas en las p~~inas siguientes, debe tamer accioz~ dentro de ve ante {20~ dies a part7r de la £ecl~. en que recibi6 la demanda y el aviso. Usted debe presez~tac c omparecencia esrita en persona o po abogado y presenter ezi la Corte por escrito sus de£ensas o sus objeciones a las derctandas en su coatxa- Se Ie avisa que si no se defiende, el caso puede procedes sin ~:tsted Y la Corte puede decidir en su contra sin m;as aviso o notificaci~iri pox cualquier dirLero zecl.imado en la denlanda o poz cualquier dit~ezo reclamado en la de~,anda. o po cualquier otra ~ueja o compexzsacion reclamados por aI Demaudante. USTED PUEDE PERDER DIl~fi.C>, O PROPTEDADES U OTR.OS DEREC~OS Il~IPORTANTES P.ARA USTED. LLEVE ESTA I7E1~~ANDA A UN ,~k30GAD0 Ilv~DIATAty! ELATE, SI USTED NO T1ENE O N't) CONOCE IJN ASODAGO, VA~YA O T,LAME A. 1,A OFICIN'.A EN LA DIItECCIaN ESCRITA Ak3AJ0 PARA A,VERIGUAR DONDI. PUCE OB'Z'ENER ASISTENCI.4 LEGAL. Cumbetlaad County Bar Assocxaf~.on 32 S. Bedford Street Carlfsle, Pennsyl~rania 17013 .; . Phone: 1-800-990-410$ ;s5s~c-t BARBARA ANN CxREEN, Plaintiff ~ THE COURT OF C~ ] MMON PEAS OF CUMBE~LAND•CGLJNT'Y', PENI~S~'LVANL~ CTVII. ACTION ~ Y..A'Uc r NO. ©L~ - I u u b ~r:U ~ ~~.--~ ~r- SENYOR COTTAGrES OF SHIPPENSB~t.G, LTD, t/dlb/a/ axed alkla COTTAGES OF SI~PPENS~iURG, INC., klDC~l7T of ST~PENSBtTRC, LY.C, FUMES FO~t SHI~'PENSEURC, lNC-, SENIOJt. COTTAGES OF AIvIERICA, I.LC, I~(JNIID~REY MANACrEMENT t/d/bla NAT 1VIA,NAGE1v,~EN"T,`, Defex~damts JURY TRIAL DE~A~t ~ QED CO~Vi'PL.A.YNT AND NOW, cozxies Plaintiff, Dazbara Ann Grree~., by avd tl~roug~ her attorneys, Metzger, Wickersham, i~nauss & Ezb, P.C. and respectfully represent as follows: L. Plaintiff, l3arbaza Arm Green (hereinafter referred to as • `Plaintif~'~, is an adult individual residing at 220 Senior Drive, Sbippensburg, Cumberlax~~t County, Pennsylvania 1725'7. 2. Defendant, Seuioz Cottages of Sbippensburg, LTD, t/d/1~<< and aJk/a Cottages of Shippensburg„ Ir~c. {hereinafter referred to as `~?efeudamts"j, is a co~~oraxion, association or other duly organized ea~tity organized and operating under #ie laws o f the Conunonweaith of Pennsylvania, with a principal. place of business located a# 300 Dwellit~; Court, Shippensburg, Cwtnbetlaxld County, Pennsylvania, 17257. 3. Defendant, HDC/HDI of Slaippensburg, LY.C~ (herE:i ia#ler refe~ed to as "Defendants") is a corporation, association or other duly organized ertt~ty operating undez the -; 345466-1 laws of tl~e Commonwealth of Pennsylvania, with a registered place o~' ausiness located at 300 Dwelling Court, 5hippensburg, Cumberland County, Pennsylvania ~ 17251 4. Defendant, Homes for Shippensbucg, Siac., (hexei~a~fter referred to as "Defendants' is a corporation, association or other duly oxgax-ized. e~it~.ty operating w~xdex tha la.~ws of the Commonwealth of.pennsylvania, with a principal place of ~~usu~.ess located at 222 Severn Avenue, Suite 1, Annapolis, Maryland 21043. 5, Defendant, Senior Cottages of America, LLC, (herernafle~r referred to as "Defendants") is a corporation, association or other duly organized er.x ~Y operating under the la~svs of the Conunonweal#h of Pennsylvania, 'with a principal place of ~~~~siness located at 1660 South Highway 100, Suite 122, St. Louis Park, Minnesota 53461. 6. Defendant, HAI Management, Inc., t/d/b/a Flumphrey )r~ruaagexnez~t {hereinafter referred to as "Defendants") is a corporation, association or other duly o~ ~anized entity operating under the laws of the Carrunonwealth of Pennsylvania, with a principal l~l ace of business located at 7170 l2i~verwoodDri.Ve, Columbia, Maryland 2X046. 7. At all tunes material hereto, some or all of the Defend a~ its, either individually and/or jointly and severally, owned, occupied, possessed, maintained, c~u~trolled and operated a residential complex Down as the "Cottages of Shippeusbuxg", located i:~ Cunaberlaud County, Pennsylvania (hereina#ler refe~ed to as "~remxses"). 8. At all times msterial hereto, some ox alb of the Defend ~ its, either individually and/or jointly and severally, were invoi~red in tl~.e renting and/or leasing, ~f residsnfial dweLtu~g units on the Premises, while having possessioxi and control of the same. 9. At all tixues mateziaa hereto, Plai~mt~fiF Earbara Ann Grt;e a leased her place of residence, located iu tlge "Cottages of Shippensbu7g" at 220 Senia~ Drive, Shippensburg, 345866-/ Cumberland Counts; Pennsylvania 17257, fxnx~a one or moue of .the De,f~;ndants. A copy of the Lease Agreement is incorporated herein by reference axed attached l~eret~~ as Exhibit "A". 10. The Premises are advertised by some or all of the Defendants as a maintenance free living facility for elderly, handicapped and disabled persons. 11 _ Ozs, or about 1v1ay $, 2004, Plaintiff was rxraliang and p12.y in$ with her son on the Premises ovtmed by some or all of the Xefendants and fell on a defectiv ~ sidev~•aJk when her foot esught on a pitted, cracked and broken section of concrete on the Premi 5{:s, causing her to fall to the concrete surface vcrith resulting serious injury. 1?. At the time of the £ali, Plaintiff was walking anal playing with her son on the sidewalk, intended for such use and open to residents and guests of the Fr~:mises. 13. At the time o f Plaintiff's aforesaid fall, aiad at all times r ~] evant hereto, she u as a tenant at the Cottages of $hippensburg (the "Premises"}, having executed a Lease Agreement oz~ or about October 1, 2002. ~ Lease Agreement incorporated heYeian by reference and attached hereto as ~E;~lu~it "A°> 14. Under the tezm~s of the Lease Agreement emtered into b' ~ Plaints with one or more of the. DefeA.dants, one or all of the Defendants contracted and ~ tgx'eed to maintain the buildings and any common ares~s in a decemt, safe and saxuitary coztdi ti on in accordance with T'ennsylwania Housing Codes. 1 S. On occasions prior to May 8, 20Q4, one or more of th,e be;~ ~.dazits was r~otihied of t:. the dangerous condition of the s~idews~, that existed on tlae Preani~e~. 16. The Defendants, individually smd/or jointly and severa113, amdlor by their agents, servants, workmen andlor employees, acting within the scope of,their su.thority, brestched tb~eiut duty to Plaintiff and are negligent under the Landlord srnd Ted A.ct o'" 1951, as amended, and 3~IS86s~1 other appiicabie law by failing to satisfy tiheir duty to employ reasonab if care for the safety and zziaintenance of the stairways, passa~,es, roadways and oti~er conuuon fa~:i Cities of the Premises. C4IJNT I - NF.GI.;~GENCE Barbara .Ann Green v. All Defendants 17. Paragraphs I through 16 hereof' a.~ne iuacotporated herein t y reference as if fully set forth. 1 ~. Defendants knew or should have known of the dan ;~ :rous conditioza of the Prenuses and lflaew or should have expected that its tenants and guest ~ would not discos-er the hazard and should have protected its tenants and guests against the haza; d . 19. Defendants, individtLally and/or by their agents, set v ants, vuoriQUen and/or employees, acting within the scope of their authority, br8ached-their lti~al duty to Plaintiff and were negligent sta. the foliowing particulars: (a) Faitli~gg to repair the ~uvalkway/sidewa,~ when it wa;;known to be in • a defective condition; (6) Allowing the walkway/sidewail: to deteriorate az~c. become pitted, cracked and broken; (c) Failing to take the necessary protective at ~c . precautionary measures to ensuxe that their tenants, includi~; P]a.ntz#1y had a safe walkway and was not subject to a fatl; (d) Passing to warn their tenants, including Plaintiff, < f the dangerous condition of the walkway/sidev~ralk to include ia.lix~g to have in place any warning signs; .,, (e) Failing to properly inspect their araikk avaylsidev rf ~ to avoid the deteriorated condition cad the situation which occ~i rncd to ~'laintif~ (f) "Allowing the condition ~f the sidewalk ~fio d~;t,stiorate on the Prenais~ to the paint #hat it posed a danger to teua tr is and guests; .~s~~aw! (g) Failix~ttg to fulfill the maintenance responsibiliti e: ~ owed to their tenants; -(h) Failing to fulfill their duties to tenants under the to Haas of the lease azxd/or verbal agroctuents; (i) Otherwise failing to elinlinatc or remove the deteti~orated, cracked, broken and pitted cement, in the ~-alkcway/sidewal c;. ~) Failing to retaaaa, hixe, contract with or othe~v~ise 1~ ave in place the necessary personnel, employees, worlsnaen, servants, agents andlor independent contractors available to inspect .ind repaix the walk-waylsidewalk; (k) ~'ailiz~g to supervise employees, servants, w a rlaaen, agents, independent contractors, tenants and/or lessees to ensure that the walkwaylside~ovalk vvas in a safe condition, c1e~ it and free froze hazards and/or dangerous conditions; (I) Failing to baxxicade, roQe off or otherwise b; U access to the hazardous defective and dangerous walkway/; i~ iewalk so that tenants, including plaixxtiff, did not travel an it; (m.) Palling to employ the necessary rnaintenan~ae persti~ntel to attend to the walkway/sidewalk so that the dangerous c o zdition did not exist; (m) Failing to adequately train their employees; se, w ants, worlamen, agents, independent contractors, tenants a~ndJor .lessees to ensure that the ~cc-alkwayJsidewalk was clear and free frotr. hazardous and dangerous conditions and/or that other protectiv: measures were taken to protect its tenants, including Plaintiff, fro; ~r falling; {o) ~7iring oar retaining an employee, savant, ~c /~ >rkman, agent, independent conixactor, tenant and/or lessee w ~G ~ was: unfit or incompetent to inspect the ~arallcwaylside~valk ai~c to ensure that the walltway/sidewalk was free from dangerous ~ :c •nditians and/or to take the other protective measurES necessary :~o protect their tenants, including Pia~ntifl; from falling, (p) Failing to assist their tenants andlor guests ~ that d Bey could safely traverse over the Hazardous condition creaxed by t a:e deteriorated, cracked, pitted and broken walkway/sidewalk t xisting on the Premi,aes; - 3tS866-! (c~ Failing to properly maintain, repair an~i inspect their vc~a~way/sidewalk to avoid the dangerous ~;c ~ndition and the situation wkuch occurred to ~laiz~tiff, in violatia~i of T andlord axed Tenant Act and other applicable local codes and/or regulations; {r) Failing to properly maintain, repair au~l inspect their walkway/sidewalks to avoid the deteriorated co zdition and the situation that occurred to Plaintiff, in violation o =the Arn.enicaans with bisabilities Act; 20. A result of the negligent actions and/or inactions of the l;~efez~dants, iuadzvidually, jointly and severally, as outlined in Paragraphs 19(a} through (r}, the :t~ ~fendants, individually, jointly and severally are in vialatioii of the T~andlord and 'renanfi Act aui<1 applicable local codes and/or regulations, which comsti,tutes negligence as a matter of la~v or neg .igence per se. 21. As a result of the negligent actions and/or inae~ions c~#` the Aefez~dants, either individually and/or jointly severally, as outlined in Paragraphs 19(a) th~c~ugh (z), the Aefendants are in violation of the Aaaerioaus with Disabilities Act and other a~pticable local, state and federa.i codes and/or regulation, vuhich constitutes negligence as a ma~,:r of Iaw or negligence per se. 22. As a direct and proximate result of the negligence. of t h{ : Defendants, Plaintiff, _, sustained or may sustain injuries, soma of which are or may be pcima~ac:nt, and some ofvc~hich may be an aggravation and/or exacerbation o;f pie-e~stiug couci~itions, vc~hich include, but are not limited to, the following; (a) Fractured right zygom,a; (b} Perxn~amemt deto~ity of tb~e right cheek; (c) Permanent scarring of the right cheek; (d) Discoloration of the right cheek; (e) Swelling and accb~-Znosis of the rirgjrt ~taxatlla and D:~~It; <: 346866-I {f} Swelling aA:d ecchyRiosi& of right side of face; (g) Concussion; (h) Severe headaches; (i) Loss of consciousness; (j) Severe facial pain when attempting to chew, swal:!c w, ox tall; (k) Severe sinus pressure; (l) Lateral eyelid lacerations; (m) Peznaanent scarring of right eyelid; (n) Abrasions, bruising anal swelling of right shoulder; (o) Right shoulder pain; (p) Abrasions, bruising and swelling of right arm; (~ Right ~m ~~~ (r} Abrasions, bz wising and swelling of rift hip and l e (s) Right hip and leg paixi; (t) Abrasions, bruising and swelling of right foot; {u} Right foot pain; {v) F.xarexbatzom and flare-up of McArdle's Disease; .~ •: (w) Injury bleeding coxnplicsted by Couanadin; :: (x} Worsening of depression; and (y) Baclc pain. 23. As a direct and proximate result of the aforesaid ziegligcrace of tkte Defendants, Plaintiff underwerllt treatment including, but not limited to, diagaos~+: testing, surgery and 34S8b6-I physical therapy sessions and other treatment for the diagnosis and c axe of the injuries she suffered in the fall at the pxe~poises. 24. As a direct amd proximate result of the aforesaid negla.i;Ence of the Defendants, Plaintiff has suffered peauzanent and disfixguriav;g scarring. 25. As a direct and proximate x~esu~lt of the aforesaid neglil;e~t~ce of the Defendants, Plaintiff has suffered psychiatric and psychological imjury, including b~ it z3ot limited to, an~.iety anal depz'ession. 26. As a d3irect and proximate result of the aforesaid ncglit;e ace of the Defendants, Plaintiff was foz~ced to incur medical 'bills and expenses for the ;daagn<~~ is anal treatment of tl~e injuries she has suffered and will reasonably incur in the futuue fiuc.ther medical bills and e.rpenses for the treatment and care of her continuing i~jw,-ies. 27. As a direct and proximate result of the aforesaid:negli€ se nee of the Defendannts, ~'laintrff hays suffered a past loss of earnings, loss of benefits, loss or' a~agc eamaxtg capacity, t future loss of eaz~unCas, loss of productivity and loss of household service!, . 28. As a direct and. proximate resui# of the aforesaid neg;~igence of befendants, Plaintiff has undergone and in the future vain undergo mental and phy~•~.cal pain aced suffering, mental a'>i~,;sb, discomfort, inconvenience and distress, embamassmati and humiliation, past, pz~esent and future loss of her ability to enjoy the pleasures of life axtd a Limitation in her pursuit .:> of daily activities, cell to her great loss and detriment. 29. As a direct and proximate result of tlae aforesaid neg' igence of Defe~ada~ats, Plaintiff has also incurred incidental costs arid expenses includut€~, but not limited. tq medications and medical appliances. ~sea6-, 30. The Defendants, either individually and/or tointly and t;evez-a11y, aud/,or by their agents, servants, wox~en and/or emplo}~ees, acting within the scope of ' t aeix autbozity, bzeached their duty to Plauztiff and axe negligent undez the Landlord and ~ezzant .~,t of 195, as amended, and other applicable law by failing to satisfy their duty to employ reastn.able care for the safety and maintenance of the stairtivays; passages, roadways and other c ~~ntnon facilities of the Premises. v~:HF.,~E.PORE, Piaintii~, Barbara Ann Green, demands jud~nent in her favor and against Defendants, Seniior Cottages of Sbuippensburg, LZ'D, t/d/b/a Cottage:; of Shippensburg, Iuc., HDCI~~Y of Shippensbuxg, LLC, Eomes for Shippensburg, Tnc., Senio -Cottages of America, 3 LLC, ~tuzxzphrey Management, t/d/b/a HAI Management, either indi~cri{ ~ .ally and/oz j o~otly, for the aforesaid damages in an anaouut 4crithin the limits of compulsory a~~bitration in Cu~nberlautl ~; County, Pezuzsylvazria, with the costs of suit, interest and/or -delay daruab~es assessed to Defendants. ,;; _, CUCJNT II -Zgltl~AG7~ OF CONT~.tACT/LEA:-T~ Barbara Ann Green v. AiY Defek~dauts 31,. Paragraphs 1 through 30 hereof are incozpoxated hez~ein b_~ :efcrence as if fully set forth. 32. Plaintiff entered. into a residential Y.ease .A,green~eent wit ~, one or more of the Defenda~uts on or about October 1, 2002 and thereafter renewed said Le~3e for the rental of her ah .. ap9rtment ozz the Premises. See Lease Agreement incarpoxated h~~tein b y reference and attached ,:- hereto as Exhibit "A". 33. Puxsuattt tQ the Lease Agreement, Plauzt;iffagr~d tv°pay t~ Defendants the sutra of $470.00 per month fox the lease of her apartrneat on the Pz~uses. ;: 345866-! 34, The amount of $470.00 per month paid by P~aiuatxff for the tease of her apartment on the Prerx~tises was unfair and ~uu~easozrable considering the tivin~; eondxtiozzs Defendants provided to Plaintiff. 35. I~e;fendarits accepted payment from Plaintiff for the Lease o f her apartment on the Preazises. ' 36. Plaintiff has pez£ozzned any and all conditions precedent to the comn~encemcnt of t1u~ action. 37. Paragraph Seven (7) of the aforementioned Leo~~e Agreement states: "HABITAI3ILX'I''Y: It is the responsibility of rnanagezrtent to rnaintaia the buildings and any conunon areas im a decent, safe, and sanitary cozrdi~tion an a,ccordai~ce with Penns3rlvania's 1=lousing codes." 3g. Defendants failed to provide a safe, habitable and livatil±: aparrtx~ent to Plaintiff foZ the reasons set forth in Cotmt i above and due to the da~erous condit:~ons of the walking area in and around the Pxeznises. . 39. Tla~e Defendants, individually or jointly and sevexal3y, ha`~e breached their residential lease comtract with the Plaurtiff.. 40. A.s a result of the aforesaid breach, Plaintiff claims the da n gages set fozth in Cotuit T abo~ro. 41. As a result of the negligent actions and/or i~sxa,ctic ~z s of the Defendants, individually, jointly and severally, as outlined in Para~aphs l9(a) thrcn,~gh (r), the Defendants, :~: Either individually and/or jointly and severally, are in viotation ~~:.' tlxe Americans with ., , Disabilities t~.ct and other applicable local, state and federal codas a~+Vox regulations, which constitutes negbigEnce as a matter of law or negligence per se. . jssaa~~ ~2. As a result of the negligent actions ancUor inacti~~~ ~s of the Defeudarits, individually, jointly and severally, as outlined im, Paragraphs 19(a} thr~~i±gJa {r), the Defendants, either individually and/or jointly and severally, and/or by their agentis, ~ e wants, workme~z and/or employees, actitng within the scope of their authority, breached their d lty to PI'aintiff and are negligent under the Landlord and Tenant Act of 1951, as amended, anti ether applicable larv by failing to sarisfy their duty to employ reasonable care for the .safety aad rn.aintenance o#~ the staitwcays, passages, road~v'ays and o#her Gammon facilities of the Premli;.e;. ~'VHEhEFORE, Plaintiff, Barbara Ann Green, demaY~ds judgnent ~i~ her favor and against Defendants, Senior Cottages of Shippesrsburg, LTD, t/dlbla Cottagef: of Shippensburg, Inc., ~IDCI~X of Slzippensbuxg, LLC, Domes Far Siuppensburg, Inc., Senin: Cottages of America, Lz.C, Huazphrey Management, tld/b/a HAI Management, eithex udivi~li ally and/or jointly, for the aforesaid damages in an amount ~rithin the limits of coz~rrpulsory aufiitration in Cumberland County, Pennsylvania, wifih the costs of suit, interest andlo~r:. dela y damages assessed to Defendants. . COY71V"T ~ - W.A~A1V~'Y CI.AIIYI Sarabara Ann Green v. AU. D~e~ad~ts 43. Paragraphs 1 through 42 hereof are incorporated ~e b} ~ ~ ~fereance as if fully sat foz~th. 44. Plauataff entered into a residential Lease Agreement wii t~ the Defendants on or about October t, 2002 and there.~a;ftet renewed said Lease for her apartrne ~ t on the Wises. Ses Lease Agreement incorporated herein by refezezace and attached hereto a<. I~`sxhibit "A". 45, Plaintiff' agreed to pay and has paid the monthly suz~ of ~ ?U.00 to Defendants fior the lease of hez ~a~tznent vn the P~cgmises. X4.7 a.c ~~ ;. . IvJV W~~ ~,~{al- 46. Plaintiff contonds that $470.Q0 pcx month for the tease o ~ bier apartment on the Premises was wafaiz~ and ulu~easonabie considering the living conditions provided by Defendants to Plaintiff 47. The Defendants, individually andlor joint and severally, ~ accepted payment frozx~ Plaintiff for the rental of her apartment on the Premises. 48. Plainfff took possession of the apartment an the 1'xeanis ~: pursuant to the Lease ^~ Agreement and duly and timely paid to the Defendants the rent s ~ecified in the Lease Agreement. 49_ Plaintiff relied upon the Defendants, iuadividuall~r ~and/ot joint and severally, to provide suitable housing for the intended puxpose of basic humaza, xesi~~:utiat habitation on the Premises, 50. Plaintiff was injured on the Premises as a result of th~, dangerous and unfit condition of the walkin4g areas in and around the Premises, due to D~:fsndants' breach of the implied warranty of Jaabitability owed to Plaintiff to provide st zf able and safe living requirements to their tenants. 5 l . As a result of the actions and/or iuachons of the' Defends ~ ts, individually, jointly and severally, as outlined in Paragraphs z9(a) through (r}, the Aefendaa:s, indi~ridually, jointly and sevezall,y, aze in violation of the Auaericans with Disabilities .A,c# and other applicable local, state and federal codes and/or regulations, which constitutes negligence as a matter of law or negligence per se. 52. As a result of the negligent actions a~ad/or inactio n ~ of the DEf~ndants, individually, jointly and severally, as outlined in Paragraphs i 9(a) thro u ;h (r~, the Defendants, individually and/or jointly quad severally, and/az by their agents, see ~+ ants, woxl~nen and/or s~csa6c-~ employees, acting ~vithit~. Che scope of theix authority, bxeached .their iYtty to Plaintiff and are neglige.ut under the Landlord and Tenant Act of ].951, as amended, amc{ .ether applicable Ia~x- by failing to satisfy their duty to employ reasonable care for the safety a ad maintenance of the sta:u~ways, passages, roadways and vt~ler common facilities of the Premi::e s. 53. As a result of the breach of warranty, Plaixlti~clain-is dant4.ges asset foith~herein. V~J7f~EREPORE, Plaintiff, Parbaz-a Ann Green, demands judgment in l~ez favor and against Defendaxxts, Senior Cottages of Sbippez~burg, LTD, t/d/b/a Cottage:i of Sb~ippensburg, Inc., HDC/HDI of Shippemsburg, LLC, domes for Sluppensburg, 3:nc., Senior Cottages of America, LLC, ~wmphrey Management, t/dlbla HAI Management, either i~adivirlilally and/or jointly, for the aforesaid damages in an a~aount within the linoits of compulsory a~litration in Cumberland County, Pennsylvania, with the cflsts of suit, interest and/or delay damages assessed to De~eudants_ METZGER, WxxCrKERST~AM, KNp USS & ~tB, P.C. i~ ~y ~v Andy ~V'. Norfl ' n - ,A.tEorney LD. Na. 53.894 P.O. Box 5300 : . 321 l North Font Stte~t 13a-zrisburg, PA 171 I~?=030t~ (71~ 238-8187 .;;` _ ~ ~~ Attorneys for Plaanti£~~ Dated: 34S@6G-! '`.; :.- S -ten°4 J ~tii S. i.~J.~4ii `.iii f'S\T`.~i ~'.. ~ i9~. i i YA~•} i }L Vi .~ .\YN f y~v41Y.I!J•f ~'•'..• ! • i i~a1••~n ~:::.'.:_r : W -. __. ..- -`~;•.~-+e:f _. ~ 'N tiv`,'•;,Y` .r,. .}~ .•.. \ ~ -. '?per. ~. .r '4x: ~:- ?:c:.-:..-:.. }:%.:_.e';i.: ''1' •.^. ; ~, ~•:"..\.. •„~..hy pMl~}~w' '.h.wr ! ~ t u ~ '.. • ! •'Y ~ CY:\'l~•c ~YY r. .:.: , %jY ~l`~:.-~i~S•f~aP,C!• .-Y.]y.'.•~`'!^ry. ~,y ~1~~ I~,f• . _ ]y~ •I r• • f. • ~4.~~.-`~~.'~.~'~JYr. ;.I T .'' '•' `~ ~-} i ~' "..,'y -fib" - 7.,,,i. i ~7 vE~•',~ ti { ; • ~a~ ...yy~?~.~u ~, ' s~`~.,y~{, ~ ~ •'' , ~ ~N .~j~ ~/.•}~ ~.v . v s}..X w•:?.1,•:::':;': %.~::.,-r,;.tiV .'n`::iJ"n{~•.n~:..•: M4~•w+rZ.s~-:.h~i7~~~~iw ~Sn3~!"i.Y?•?r/ 'l S. w.C. ~CO~ f"lWs4~n ~".".!'~ i7i~:ir•~v~.'Sr:t~'~~::i;Wi:~::.~i..:., ... NOTICE: P1SNK5YLVataIA L71H BSIAAbISgl;S RIGIJTS AKA OtIIrIGA'tiOt1S FOR PARTIRS P(f RRNTA6 AliR3BM82~'fS. IF IOU llAVB 1, ~U~S?iO'I r.~;; :-- T!1" INTERPRITISTI0F1.OR LBGAI,ITY OA A 9R0YiS101< OF T11IS ACAIiEMBNT YOU )2AY NAH4 ~?0 SGGK AiSISxI~NCL~ FN4K A LA{~yER bR 07'11E!? noALTF1ED'PERSON. . t~ENFAAL IIIPOR1dATION: ~ ~ ~ \"/ ~.:~' (3 PARTIES TO TitE LEI~SS: • ' The owner o~ tRe apaxt>aent complex Pill be referred to ~-''~-~.~'g•pa ~~S~:QF~,~'..°~u~~ as the "Owner," anti the owner-'s agtat viii lie called "~lanagen~ent.' You will be called the °Aesidea't". RB?1T •SCl1IIDUL5S: 1'urs>tant ra the agz•eeaents between the Owner anal C11FA a rental sche:iu to hae been established ror each wait in the devQlopment. 'fhe Owner has agreed: 1. that the rental chaxged -t?or the snit yon will be renting shall 'be, ~!~~,~~ - 2. that a recertification of yolar inca~ae dill be obtained at in>•erval& ~f not : e;s thaa oae per year as requir~~;~ L'; nQFA, ~ - COt10t'Ci0tlS OF Tills AGIZRRNBHT: ~ ' •1. Tl:is lease agree~+ertt ('Tease"j is ~ade~.~,.-; ~ ~~~, betaeen .the 13~rear, HAI »ANAGB191;NT dnd the resident; 1~csr-•{a~~.~.. ~~,~ ~r~,t,~ 2. In congidexation of (a) kesident's represeatatioas in Residents real apg;.i:ation and (b) resideut~s~ paye~Qnr of the rant and perforaaanae of the other provl.siollg of the leRSe, the Owner leases t~: lesiden~~aia tl,e - aparcaent cn~iaalty coa~oonly );noun as Cottages of Shippens6u;;g, located at 300 Daeli~nl C-oars, , Shippensburg, PA 17257. 1. a. OCCOPAIICY: The following individ6als xill be occupying the apartdeat: NAM1'S A68 RRLATIQIISNIP $>;:- b. GUB3YS: Resident nay bz pereltted to Aave a guectisj visit his yr her '.~o:>:ehold. tlo~rever as adult person raking reoccarriag visits ar one continuons visit of 14 days and nights in a-45-day ~:eciod NITNOOt COKS8N2 0: the manager~_:. vial be counted -as a household >gelaber. c. 1ltiAUTl10RI~)s0 Pl;ilSOAS; Ao person other than those listed •above - ~ tbei; guests nay reside is the apart+aent ~~~, • ~. a. iBxT; During the tern of foie lease, Resident shall par as reria~,a;~,` payable in ~oathly installnects of $ in advance on the FIRST day of each uonth (the "due date~j begiani~~ vxt,l the c~olneaceneat date of this lease. If Resident does not ply the full panthly inatall+aeat of xeilt go that Maaageaeet rec,:irec it on or before the dae date, Resident shall pal the uonthly installneat of rear only by coney order, or certified deck. If Aesiient does not pay tl{;: fall Ban[:hly instalia:ent of tent fln or #ePore the fifth (5) day after CAE dne'date, :h: res~,dant>aar also be charged a LATE FB8 4f $25.00, 1'laaagenent ag>•ees to accept rental payanenL- vithont regard to aa;~ ether charges aced by )tesident to ~fanage0ent and to seei; separal:e legal re>redy for the co}.lecL•ion of nay other abargea >t~ioh iray be oving •ta ~lanageuent h;~ resident. Reat shall he ;payable oa ar before the due dace ~i.tuoat deaaad by Maitages~:>1;. Dfl Clss ACcB~rt~>3 ~lC... /~ •~ b. CIIAAGRS IN TBNAN't` A81?T; !'he tenant agrees that the a>bouat of rent the tee ant pays may be changed upon ti-e expiration of the initial term of phis agree>rent:~ 1. Owner deternines that an increase in rEntc is a1lQwed pursaant 1;a the requirements of Seetiau 12•oI the Iuternai Revenue Cocie;~as amended; a~ 2. Changes in the tenants rend are required by annual rtsCeti_iFiCation ~rOCec~llT'EB; OP 3. The tenant fails to provide il-foxmatian on his/her i-lcome, F~mzly coa-poaitian or other factors fls required by the owner. 'tbc o~lter agrees to give the Tenant at last 70 dayN advance written notice on sup incr-aae in the Y'Enant's'rent. 'Ile notice will stale i:he ne>q amount the Tenant is required to liay, ~Lhe date Clue Hex amotutt is effective sad tl~e seasons ko~~ Che cHal~ge in rent. 7'he aot'ice sill also fldt~ioe th~c tenant that: he/she sany.ateet With tl a Owner to dis^1155 the rent r~1ngc c. UTit,ITTJi3; ~'hc cent Includes the tolloving utilitieR: I~AT~RjSktl6R, TRASI! AGlt0YA1~, Resident is reslonsible fox paying utility charges not included in~tlle rent pronptly yb-n duc. S. TFP.t~: This leaae shall be for a period of one year, ~ beginltiog on t~--~o.~.,~ f 1 ~,~Tf tMe Resident takes possessiol~ of file apal:taent prior to the coalmeueetrent date of this lease; Residen~ shall pay ronC at Clle rate n~.~d i-~ tfle laanner required by this lease and ouch poetteasioa-in all C,ther respects shall ve tui~ject to the applicable prorision~ ~:: tlxs lease. llll subsequent rnnexal feint:: of thin lease shall also be Poi periods of tm: year, The rent: for each subse~~--cu± period of Lenancy shall he Hoch amount .as Fanagement may laaEt~lly esltilblish an~l~ rasfcltn:. ,]call co--tinue- to be subject cc :::: provisions of this lease, 6. POSSBSSTOH: RESideaC shall noC be enCitleci to Poasensioq of the aparEnt;nt u- t .i (al Resident and Management Lati~r; signed this leave and ~liy rile prior Iteeident has raraCed the. apartment and (c?'Resident Iles paid the rent For tilt t-a.r~t xc~,r. of the lease term, the oecurfty deposit sad any fisher lautul charge payable Dy;.~esider~t Prior .Co taking poa~seasian, tc tl+~;: tlosideat`ia unaUle to take possession at the commancenent data of 'the lease beeauae tle aparltrentit; not ready for oceupar,-~~; or because a•prior lesideAC is holding tlver or because of any cause beyond IQautigenenl:~s Control, tllc leflse terw'aill begi:: ~~. the first day of the folloeing loath pzovidet) that possession can be 8ellvared to the u~aident by that time. 3f posse:ic~a -cannot De deli~~ered by Chat time, either party to Chig leans shall hate the ri.gllt- to 10~minate this lease, 7. RRTORNLD Cll13CK GRARGB: Resident shall pay kanac~t:ment a $~~ p cossing ehzr•!e for flny check of Rrsideut ui,:ch returned because of insufficient funds, a elosed'accounk or any other s4milar cause. x, the event that Residents c!+eck returned because of non-sufficient funds, a closed account, or anp other siuilar causF, Management shall Stave the ri9ltt i:o require Resident to pay the montlt~y insCallnenC of reef uy cash, Honey order, certified -check or cashier's check. Snch re:~~~ shall not De considered paid until it is actually received by Management, '. 8. RRCxRTIFIC11TI0R OF INCOid6; 'RESitient agrees that a recexti>sicatioa aE scone :hell be wade to the Managetaer~t ninet~, ~90~ days prior to one year #rom the date of Chic lease provided, hottever, that; ,ia . an} :vent, Resident shall recertify l>; or her income upoq refs elrecutioa of fitly ~ubsegueat lease of the apartment. Resident l,nlerstands that failure to comp,~~ bith the recertifi.cai:ion reguirP.meat;t of the 1-HFA, or the transmission df false: infanta:ion regardipg income or other eligibility factors can lead•to evlet:lon trvM the apartment coaplex. •.; • 9. R~IT A~JaS?liYilT: Resident agrees that the monthly rental payoent is nub}ect !.o adjustment by Alanagement to reElecl: income chaAge9 whloh are disclosed by any of Realdenl''s reoertifieativ~~:,and ~.eozdent agrees to he bound~by scch adjustment: !l~iaagEaenC agrees to dive tbizty (30j dayo >trittea noticA 'of say .~~cb ad: tl tx>aent to the Resident, stating. Chc amount of the ad jpated ~anChly -rental .vhich'zhe Resident trill be areguirod to pay,, . •7.0. SLrt;tlRl'I'7 Dl;t'OS~T; ht the sane tit~e titi6 lease is signed, Resident bill deposit $ (not to exceed the btsi~ rent fpr sue month} kith Nanage+rent !'ceeuriCy deposit') ~hiclt Ghali be deposited in a sr paste account' and may be uses aa1;' Ior the purpose pei~ittsd under the lays of t1te~State of P®nosylvania governing security doPasits. Until so used, the Securitiy Deposit 9ba1~ be held In an~interPSt bearing ~cconnt, in•tzuit, for tDe Resident. fesident must .be informed, iA Writing, of L-he Wane and address of tfte banl or savings and loan association ~~~,. the •a+aount of thG deposit vitliiv thirty (30} days after depoflit ib received by laudloxd, interPSt accrued on the securit,- deposit sill be trade available to the ResiQant an++ually, IP.5s a it 1+andliny fee. Name of Financial Institution in vhielr security deposit Hill be held; Ai,Lj'IR&T i1Jl;~K Address: 13A1.'fli~,Oltli, t!D •?,1101 ~ • 1'Ite fact t1+at hfanagerknt holds the aeCUrity deposit shall not affect ldanagement+s right to obtain poasea,ion of the apartnr,:r far• son-payment oI rent or Io;r any other reason p8rditted ley IdW.. Tn the. extent that tae security deposit id not applied i.~ a.pera+itted ~aanner, it Ghali be•returnabie to the Resident, It Nanagemant assessQS charces to cite security deposit For damage ~cau9ed by the resident, an itec~ized accounting for such ehaxges will be ~presentej to Resident unless the resident h~: abandoned tt-e apartment and cannot be found. RI<ItitAILITY FOP. Il6SI1)1+NCR Ill ALrARt'M1;8Y' C41~yLGX i. &LTGIIIZLITr AES'6ltl~IllARCaNS; illigihility ~Setor-ninations gill ~be'maAe ab least oi•ce e.aoh year at the same tine as t!~~_ annual recertification of income. 2. I?fFOAFihTIOH l~t)it DR7BRMI}IATIt)N; PAIGBAR r(? NB6'C R~QUIRBQ11311TS; Rebidont -agxeea ti sapply ali requisite infor~+aCio^ in order [ar management to make a redetermination of eligihil,i,ty pursuant to P1tFli'gaideli.nes and standards, including, bat not linited to, verificatir~t of income from entploymeut and all ether sources, applicant; fiuascial ability to reef rer<<al tixpcnses, credit zeports, prior landlord reterencea„ fawily coapusitiop including Weser ~~nd ages of Easily mentDets, any other personal financial data. aesideut and r~nnagement agree that should Aesidcet no iotger acct tree eligibility requireaents uf•llte project during the torm of tlte_leafle agreement, Resident nflL.be retl+ired to vacate the unit. 3. III,IGi(tilti'rY Rl;QUIR&148ATS: Resident shall sect Eligibility reguiromontw.:,pursnanl. to P1IIaA standards, including, bnt itot lin~.~ted to: a. De a very lok, log income person ag defined by PllirA. ~ .4_!-. b. CoutPly aitt+ Che somber of aathori:ed acc+tpants per' unit aa.se as indiratetl by the folloNing chart: lIU~1DRk:OF aBDRt)pMS 4CCUPAIdrS - Miniruum GfaYimum o ] z 1 _ ] ~ . 1 J ~ a ~ ~ ~ 6 9 0 ]1 Nesidcet agrees to aove to a snit of appraltridt¢ rise it the rise aE his or •ber•~bousehol~ changes. c. ae generally cap~ble•of salt maintenance, to the eite+lt that this regaireahi t iN not is violaCion of federal and state fair housieg lays. ~ - d. Possess the legal Capecitq to enter info a lease agree~ettt. e, >ie eigltt~en years at Age or olddt. - ~~~~tllH~!rtou ol` 1~t{~ 1~liQE£MBfI'f 1. 7&RMI111tTI0N AY AAH11G614BH7: btanageneirt ray terminate the le~rse agreeeent for tf a folloNiag xeasoas: a. failure to pay rent when due trader t:l~e terns of this lease. - b. failure to ueei eligibility require!aeuts of the pzoject. c. failure to copply with racertiEicati.oa requireaeuts of the P11FA, d. Gxairss-issifln of false znfora~ation regarding it:cone ur othei eligibility Facto's to manage+nenc. a. mai;S.uq false sCdteu~ents in the rental application. f. [ail!ire to comply will! all conditions and agroee!ente Contained in this leaaf . RYTCTION: It f~anigement terris~ates I;he lease agreeuent, Management shall have tie right to repossess the aplttk~tn~ cause the Resident to vacaCe the apartment in the ram~er peovided by the phuasylvanaa B~ i :lion lays. if managce!ent is forced to evict Resident, Resideril' shall pay Maaageae»t the expense ij!cnxred is obtainitg Possession of tUe apartaent urd a; othez damages sustained by f4aaagee!e~it, including atto~n¢ys~ feet, to the extent p¢raittcd by lair and the t~F1111~; regulat~crs. 3. Hotz~e 'ro 4UZT; In eompliartee rith the Pennsylvania Rviction law"s, before eo~tietoiag an actin!! to repossess t:hc apartavat from the >;esident,' Na»age!aent shall provide tonaal with a Notiz:e Co Quit..Th~ r!ptiee shall specify thaC tltA Resident shall venous izoa the apartrent eithin.thirty days Erna the dare•ot service of tie notice, .unless the effuse far eviction is failure Lo pay rent as required lu this lease. If the close for eviction. it lesident's failure to ~iay renC, ti:~~ -Noti.cc shall speci[y L•hat the Residaat shall remove from the apa•rtmeat within FI,~TBIiH DLY~ frog the date of service o[ ~)~e nfll:ice. ~, TBRMINAI'ION Bi ?BNAN1': 'Ceuaut nay terp!inace L-lte lease agreemenl.prior to expx,,aii.on of fts tetn- with thirt~~ I~GI days noble to management for goad cause such as moving to auoCher location Eor. employau!s!t, loGS of job, veverc illness, death of-spouse or other reasa~~s custouary or a!andatoxy in the coe!munity. . 5. COND6MIIA7ION ICY GOYBRHiIBNT AU~1lOBIrY: It say part of the apartmdnt canplex is coadeaned by say governmu!t authority, then this lease shall terminate as of the date that pospeoaion~is takttn by t ~e governmental authority; U. ACCRS,6RA3'IOH;. If tdanag¢a~ent is forced to te~~ainate the lease or•evict;the ten fat b¢for¢ the less of tyre lease expires, or iE Resident texminate9 rho lease beEoza•its leis expires without goo cause ana nirhout proper notice, Naaagea~nt s1ia11 pave the r4gAt to accelerate the payment of tAe rent r¢served • ~~x: the '1a lease of the t¢~! of Che lease aid declaxe sale anoint due aAd payable to l~aaagement, unless the resident can demot~trate :Cat: ~ {l) the roa9on for Ieaviag tia~ unlivable conditions anauatxng to constructive eviction under the law of tUe Sta~e~ of p:raaylvaaia, ur (1). the laudxoce. ha. rcrerrted. once a unit as zerented, there is uo-farther obligation ~y the' llesidenrt, to pay rent unless the landlord I~as +iad to recent at a lover rental. iianageaea~t rill elks reasonable efforts to serest, ~:t the :r,xzenC zale.• ' ,,_ . 7, ADa~lDONNBN7' OF PROPBRTY: Upon expiration of this lease There idanagea!ent has r~fu$ed for lawfal reasons t!o enter' into another lease with Resident, -or has Failed for lawful rr;asons to approve a ~adth-ta•rvath tenancy, 'or upon law[al terrainarioa of the tease, the Resldeat shall promptly re~oye dll pexdonal prapezC, . IE Ceai~ent fails .to serous personal property upon (1) expiration of the .lease wAere Mandg¢~at has xefug.ed fos• far@u1 reasoo,• to eater into another lease or bas faiie4 for laxfal reasons to approve a aonth-to-ronth tenancy, or (2( Idaful~: to~pinUxon of the hease, then ~lanageaent nay consider any personal property left behind as abandoned if Nauagenent notifies R¢siirnt of its latent to treat t1~e 'property as abandonec] and advisee Resident of Che dace of disposal of the property, Hour e -by ~lanageaeat will be by mailinc: series to the list knoxii address oP Resident and posting notice on the apartregL door, D`sgosal of the property will be ~;o •soooer than £fft:een (15) days atxaz the dace of wailing and poAtiog the uotiee~ti~saaagereit ear more-tbe PrAperty from tl;e apartneal: to anotl-er locatioq pziox to the dat¢ of disposal in ozder to r¢renc ~h¢ apatt,.e,it, it~is agreed by Resident that Managez shall ~~ot b¢ recponsihl~ for daaago ox lass to i~alpe'of such property if_:Naaageriet follows th¢.above procec~ure,• US1; DHO NJlII1T8NApCE OP IlHIY :7' . 1. OSG 0~ lhlllfl'~lRS?: - ;.;;.:' . ~`t''--. a. >Zesi.dent shall urn and occupy the aparCMent in a clean and rhplesor`;`!panntr end in compliance with all applicai;i:~ gorexnrental requirements including a•11 public Lealth and police requlati~ons tel~~ing to such q~ sad occupancy.Co the full extent prescribed by lay. ;~ b. Resident sl!all hot engage is anr• uuiawknf. aetiritica in the apartren> or,oa ~ he pre~ises of the apaxtaent C4rp1Ex, nor shall resident perr~t unlayful actipities ou the pre~ises, ~ _ ., „~.. _- ,.,. ..,,~ v~u1kJP{Gt~L v~. m:s~fllut;ly LIIQL LS lli1L1AC~---- A 1;111t n;ir~-.r;-~~~~ n'.- i ~ ~t;~ ~ 1, ~T~~~~~ ~~~ ~ comu~aniey or i:iiat is iiistsrllit+g~;o othe~~ tenants ©t the apartment coauauuitp. y y ,, d. AesidenC rang Ant install a dashing #tachine, dryex or tilt coiiditioniitg unit diihouL prior written approval of MauagemenC. e. Besideu~L 5ltall not enploy any person at- pex:;ons in or'about rite premisep khos~: eaiploya~eat ~uiay by lar, coustitu'~ of cieaCe a liabiliCy nn tits part of ~lanageaent:. Resident -shN13 nol hire, as 1(eside~tC's eiiplo;ee, any of 6lanagewrnt~s employees t:a pet:forn any services ac rue .apartment ec~mmunity. 2. "itIVA'Ch D~i~ISba~IG, resident shall occupy Ctt2 1pat;Catent Ior private cirelliny puzp~~,es only. Only t!tose occupants .listed ou thislease ms~y rc:aide xith reeisient ~ithoul prior appLpval by maAagnaent, Resid+,nl shall not give a.ccaaaociatz<>;~ +~~:~ any roomers or lodgers. ~, tt(1LES I„fin AL~GUIa'f14NS; Resident shali.co~ply vilh ail of tote aCtached rules and rogttiationc governing the apar~~u~: asd the apartaren~t Coaw;utity and sltail also coutfil-l- rith all Coe Iianaaenenl'~ cltattges attd additions to the rules and regulations Lltat are permiCted ugder Peunaylvania State laa. 4, ASSiGE~MfiHT OR SlltlbGASf,: Resident shall not assign lhiy lease nor sublet Lhe' aid ~teent. ~. PAAKI}~G: IE an assigned parr;ing apace is pz~ovided in conjt~ACtion xith tale lea:~e of the apattareut, Resident mad uul~; park one operational and licensed personal passenger automobile in eaC.]- place spCCificallr designated. Parking shall Uc subject to all applicable provi~ian9 of the lease. b. S'fOAAt~L' OF PROPRR4Y; Tf llanagenettt slloultl provide sCoraye spade, ResicleuC'r, p~~o>crty shall only be stared in tf~e space desig~tated by 1~anagerent.. This storage space shall be pahjeot to all applicable pt~o~isians of this lease. 7. UAllI'ft~f1ILI'CY; It i3 the resitonsiUility uI a~anageuertt to tnailttain the ituilding;i tnd ally cou~au areas in a decer~C, -afe, and sanitary cpndition in accordance_>Gith A-enncylv~nia's !lousing codes. 8..~OTts"1' RNJ'OYktBNt'; Upon kesident paying the- renC and petCaraiHg all of llte tithe ~ provisions of this lease, Managerrenc agrees that !resident shall peaGefttlly, quietly aril exclusively hate, sidle! and ett~oy the aparl;>rent during rte tern of l}i~ s lease. Resident shall have all remedies as pPovided' by lar for Mlanauenentrs iailnre tc ~cnsure tl~e re-idettt's peaceful, !;nit-i and exclusive possession of Che apartment, 9. l10?TC$ O1~ INJt1RI-ES: in the event of any injuries to Aeeident or~Aenideti's ia~ily,. guests, or invitee4 or in C]ye event at any-8amage to aal- of their property that is allegedly capAed by the negligence of management or its agents or employees, Residra>It Nhall give Nanagentent a writl'ert notice o[ the ocenrrence of~~tlte inj~txp or damage within five IS! days o: toe happening thereof , -The xritten notice shall be delivered to Fiagdgeeettt at rd'anagese lt's office set I9rth in pa>"agrapb 1~~ 'Hatice CO 1lanagen-ent' of Lhe attaohad '14fscellaueous Provisions" or at such ao ~~dress rhiah Managenent s1>•all 1-ereafte: fi,rnish in •~ariti.ng ro Llte ¢esident. 10, CON[)T~IflN-OP APARTMRNI' 1-NR RBPAIR OY ARSI1l6N1`; a. cONOxrzod Op APhRTNRHr; Resident acknowledges that ~anagemeat has Male no cEpresentatiooo regarding rite condiCion or state of repai>.' of rho apartment except as expxo9sly set !omit i.n this !sass . b. CARC%LI81': Naaageeeat sill ptcoviQe ReOident with an agartaet~t inventory checklist. Resident should complete 1,;1,. checklist noting the conditions o~ the apard:~te;tt and returd the checklxat tq (9anageeent t ithin seven f 7) days after hayiut) obtalAed posse~csian Qf the apartment. Resident is onL•itled to request and receive a cop; of the last term~uation inventory cr<ceklist trhich shoal t+itat clai~as wexe chargeable to nc~ last prior resident. c, P1ltIH78H1tgC8 OF hpJ1R1`tyBl~!'; ;teaidettt shall not cause, -allok or- per~it any was(e, ~1SUeS 4x t1Cg1CCt Of the apartment amd surrounding premises and shall pay for any dagagea no caused, Daring the trrai of this lease, tide tesid~nt shall keep the premises in goad trepaix ro the full extent prescribed by law and::~t the etpiration of tits lease, Che Resident shall reLmrn the apA>:t>aent to ijanageaent iq,ae good condition as rhea taken, exe~~pl: kor .~eaaoadble wse and wont, ~: d. aBS40ASYfliLI7r ROR AAMAGg C~USBD SiY RBSIAENT: IF the flCsidenC uAould;Tail t+~r<take regaired repairs ar.d >replaceNents, ebe Nanageaent ar its agents shall be notiFied and Hays the t;ight~r, enter the apartment, t+ithout causing or constiCUting a tsr>ninat:ioA of tAis, lease, and rnako the repairs and replacetaentn; ~Thc Res dent -8ba11 pay the !artful er.pe~ise:, so incurred on rite next axisting ~outhly rental iustall~e0t dtle date. ' 11. ACCGSS 'f0 AP1-R?MBAT: ~Iauagemaul any enter the ap~irtnent duritig fewiclent's pas; essian lh~reoP, lot a Wanner prescri+, vy lab, i:or any reasonable purpose, including a pcxiodic inspection of Chc daell.i~ng null s as a part of preventative v~aintenauce prograa-e leiating to tT,a gperation of"equipment, appliances, etc,, apd the ~ontiauing maintenance of the premises in a decent, safe and saritaxy ~Yner, l4dnageroent shall UAv6 the right to enter Cite dpartMent Nl,Chout caUSin9 0: constituting a tei-~ination of this lease'in order. to i.astall a 'separat'e xeter to neasur~-tlle eonaunpeion of heating fuel :~~ aLher utilitier> at the apartment in Che went that Nauagenent •snonld de~iCe ~to`clo so, Id; nayement's e~ttries into the pre~i c: snail ha at reasonable lames and in tl~e manner pxescriUed by lav. - 12. ALTRKAT14liS: Subject to federal and 3fiate fair housing lass, kesiden.t shall rake no alterations, decoration, addition or impxovements i.n_ or to the apartment or to 14anagen~enG's etlu~paent or fixtiut~.; in the.apartmeut:. or surrouiiaiu~ pcemis~s. Resident sh311 llOt install ally ~J.Xture 0r eypiplUCUt d,l~h9nt 4ldndyement's prix ~ vritten con~aent. buy such installation Uy AeEident eithout Flanagegent'n prior vritten consent may be removed by ~!•.~nagenenC and Resident shall i>~ aanagement's casts an the nett monthly rental installment due dace. In the event Chat Jl~~aagemant's vritten consent i received, Resident 9ha11-cattQe.nuch a~ork to be done at such ti~ue5 and in curb mauaer <~s Nanageaent shall -designate in r~riti; and &esident shall pay for same in a proapt canner. Any liens filed against tho.preait~e; Qr the apartment coauaunity io~~ nor. claimed to •have Ueeu done or for materials clamed L•o have be¢n furnished. Co QesidenL' a•isL be discharged >3y the Resident. virhin ten (lo) days C1~eroatter, Manageaent shall leave the right, btit n©t the obligatio,~ to pay or d%scUarge any such lien. If Idanagevent should elect Lo exercise this right, Resident shall pronptly pay 14anagc~~e;it the amount so expended. l3. URMAGr llY FIA1~ t?R OTllRR CASiJAdTY: 1t the preniseo are partially dau~aged.by f i'e or other casualty but can be restored to livable condition, llanageaent 9ha11 xepair, the premiers vitb teasotral~le sloe ~d. 'lie' lteside~it's obligatitll +.o p. ~~ rent shall be suspentll:C Curing the lime that the pzemi.ses remain unlivable. if ,the pr~~o.ses are destroyed Ly lire or otl~e casualty or iI• t:he premises Cannot be restoxed to livable e4adii:ion xithin a r~asonab: a ~tir~e, either party shall. have tti~_ right to t¢r~inal'e this lease•by vritten nntioe to the other party, 1~, 1NSURANCR; Manageaent agrees, at its ,ale expeage, to obtain fire and.exten~+e•S Coverage insurance covering tl~c buildings in the apartment co~amunity. This fire and extende4 eoaerage insurance Hill ~~o: Corer NesidenC's personal propcr~y is the apartmenl• or on the gcouuds of the agart~ent Complex, RlZfiIpRNY SllOULD, l~7 RB3II161T'S S41~R B1,P$liSB, flU7AI}l t~iRE ANU Bx?R1dpEU COVT1tA0>I I}I,SUAANCR ,C4VrAtifG RE~IDBN'P'S P6~RSOHAL pROPN&YY Ik Tlll; AP1tR?M16t1'S' ANTI )N ~Ri? GRfllfliSlS Of~ ~9'11E 1PAR1'141:11'!' COM1fLEJf . ;;i _,~; ~~:}• `S:-:Tb1a'3,.'.'hrta~• ~Y~~ S~'•'.~ aa~Y, ~'~6Y••rF • %i"' 'raaµ• ~ .r- ~e hy. . "'~.~ .~ < ~ r . ~ ~ .'.i....?.".a~ .~"~1 ?: ~'W ••LV,w ~,•„ ~.v....ant."F•:> >vaw: ny'.; r.~..: n. ~ ., . }y}~],~~~9-,: ~ ';~ r ~ +4i },} a~, aY'~.a~W`'. (a- ~~h ~.~'~~•a~'yii.•.C'~:.: '~~~"'~'~ ' 1. N07ICE; Doric ...' ~~.~a . .... .~:: Y. a~,.,r:-.. ~;ti,. e shall~be fuse ++lten called !pr in Chia leas b ~ ` •~Ai~'~`"'~~"~"`"'~"'"""`' • •9 e y sca~diny• f;.r;t-claoc mail, or delivering is pers.: Co t;}ie io}foxing actresses: a. 1307'IC); TO RRSIDk7lT; UniG~, , lxhe address of• the feared prcaiaes~ b, NO'[ICR 1'0 gAN?iGSIE)RNT; I04 Duelling CourC, Sltippenaburg, PA 17257. Isupply here ChB address La which tenants should direct a+3.1 notices rer.ufired h'y this lea;el Notice~'shall be dee~ed to be received by the Resident or by ~lanageareot .on the date ~n trhieh first•cl, s-s mail is u~ailer•; on tike date on bhich a Copp of the notice is delivered to Resident ds fiaaage~ent ~t the above addresFes. 3. GRIBVANGR AND APPBAI,; kesident q~'ievar~ces or appeals trop Ulanngenez~t's dt•c;aian9 shall be resolved iu accordtzuc~~ 'ritA procedures coa$istent frith tfie l'NNn regulatioNS covering sash ltroced+ares, whin t axe available Eros t1~e )l.:nager of : . apertraenta and posted in the rental office. ]. 190DIFTCATION AND ADJU37M~H1'S T4 LBASB; llanagenenC shall bane the ~~qht tt sake the follouiny adjusl:aent:; i.t ~:,, lease upon ~-ritteu notice Co fhe Resident of not leas than tlti~rty f30j days; • a, Chaages required Ly fecteral, state or evnicipai lane, regalatfoic, or orrl.nance. b. CS~anges -in roles relating to rho property, including'the ~apartaent, nhie t ate required L•o proCecC Clie ptiysi-~. health, safety or peaceful. cnjoystent of the residents and guests in the apaztment c wununiCy. e, Cltaages in the aaount• of rent to cover additional costs in operati>fg rlo rental prc~u3ses i»eurred by Mana~ec~e: shish gay include "but arc not liaited'.to increases in propext;y taxes, Chdr~eS fOr C !0 eleCtrlclty, heating fuel, rater sanitary setter services t:onsuned at the property and iucreasos in premzaa$ paid fc"r lfabi].ity, fire or corker compensa~_-. feet::secs. d. 'xo ^odit•icntlort o[ this lease shall. be~binding vstlesa in stiffing sig~~ec ~y the uesident and by an autl;ari~ed agent of ltanageaeur. .~ ~. SRY~RADILITY: If say provision of Chic lease s]~ou1Q be or beC.oae invalicl,_ ;urh invalidity snail not in any 4~a,~ affect any of •Ghe other proviriona of this lease which shall conCinac to rennin fir, °ull force and effect:. S. idA1YRR: If 1lanag~reot shou70 naive any provisions of Ch: lease, iC shall nil' be construed as a xaiver 9f a t'U~C:' Y1411ti0A Of SUCH prOYlltlop. ' 6. RI61lT T4 D~OQ7G1168: ~ NaAageaent shall' have the right to subordiaate~ ihiD lf~a re to any aortgage notl or hereafter placed on tl~e pre~ises or on tine apart~ent coesaulii~.ty. tesi~cnt and lldnage~ent agrt~ that shoals the apartaent co;eauuit~ ;~ sold to a buyer, the lease rill be tranfiferred to the nee ocher. At tlanage~eilt'o t•efuest, aesidenC shall execote and deliver such docvt*ents as gay be required in or~3er to acco~pli~h the l~u :poses of this paragrapft. ,~:~. ?. t'ABPAYNgIIi'; l!o tenant conttib~ation to rent aa7 be incr~asect by re~.sgn of orner's prepayaent of Che mort,ag~. during Che tens of tHis lease. ,;+ , 8. LTRi3I11S'Y; Iu the Brent that this leaoc is sipped as Reside+tl; by'~ore tl~~~n one person, then liability o.' all Pe~'~~:- signing shall be joint and ~everpl, IA otgor cords; all percogo sipping shall~eacii )e re9ponsible for the tlhole a~oa:»~~ ~~: rest or ocher charges due and-o~eing ~anagenent br reason of the proviAiona ~o# tbi.t~ tease. • 9. PsflYISiflhS OY~STST$ GAb; llapagee~pC and ResidenC Specifically agree Chat ttLe lease shall not and is not in~cuct:, to violate or, raiva any of the .provisions •of Peapsplvapia atAte lac relating to ~: t Bess and hai~itt~biliCy, set`uri tp r?c~~~~~: civil rights, civil rights of haadieapped persons sad coneu~aer protection,- If, ~cettver, airy provision of this lease d~~c:. East, violate or ~aaiye any of tbo above statutes, then such prora.flion shall be pull and void. i'!le otbar provisions of ,~;~, , lease shall eontintte to re~aia in dull force and efffCt. 1t1. REIdRaIRS 2i4T E)<CLUSIV$: >~ach aua every of ti~~ rights, renedteS and benefits ~~r~vided by fuss lease -shall he c~wn~la~ive and shall not be exclusive of aup ocher of said rights, re~e~ies and bevef.tf or of any other righEs, reueaies and benefits allo++ed by lee. 11, C]!4'9'IONS: The captiona are iast,rted only as a natter of convenxe~-Cc. ~ - 12. GEAS6 IaIHDING; TAe ~roviaions c-x this lease shall•be Ui~ldiag'npou and shall lie for the benefit of Manageme»t a~;d Resi.~enl and their reapeetive sdceessors in interest. 11. ADDI;ttDJl AHD '1tYl`l-CR)KfiHTS TO LN>1SQ; All addenda and atl:achaeats to this lease ~'g-~ement are considered to be a p~,rl , ` paid lease and are llerein incorporated by reference. - - 14 , i,ANDLORO >;Dl;NT1TY; TUe afin~er of record oI thi ; aparta~cttC caapicx is ~r. ~ ~ cz ~i~ .~ ~h ° ~ ~~,:. ~ - ~ ~ f-3--~-- -- Phonc: ;.S~o~~s~~ a The person who is. authoriae~ 'to accept: serrice of procese in a court action anti v~ho s,~r ics as the Managing Agent,, ~uaintcn~nc: and an~ergency rontaet•person,is; Phone: - Y J-CIf1~Ofii.SUG6 receipt of and, .Hhere applicable, axecut;ion of the tolloning lease attaci~acnts: a. kenident's StatenenC on Eligibility v.•Rales and Regnl.ationA of the apArtnent camp}ex. - c. ttesidentG~ rights and responsibilities ender the lease.- - _ d. irrtorroation rGgardiag.papnent of. rent, .periodic inspection o'f apar~n~ent units,response to resident conpl,liat:r, project serri~eG and fdciliL-ieS available to $e8ident. e, t3ffice location, bourc one emergency, telephone numbers. - f. l>; applicable, community map and project ne~slett~r. . g, Tenant Certil:icntion -~ • 11_ Pet Palley . ~- {list here nap additional attachments to the leases IN NIY'HBSS BiII;RBOF, the pact;ies hereto have hereunto o-et llieir hands and seals' the dot and year first Britten above. •. - __... Management - `°' . - evoker of Record =~.:- .~~~,~~~~1ll.G---~ Head of Household Souse or Co;bead aE 1leuaehold '~CA.'~`~ON I, Barbara Ann Cam, heareby acetify that the following is correct: The .facts set forth in the foregoing Complavat are based upon ii ~omnation which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others ac~n~g on my behalf in this xxzatter. The language of the Cornpla%~it i,s t}~t of counsel and rzot my own.. I have z+ead the Complaint, and to the extent that it~ is based upon v ifoxmatiou which I bate given to counsel, it zs true and correct tv the best of my kaow~edge, inform ~,tion, and belief. Ta the e~te~t that ~ the content of the Complaint is that of counsel, T #~ave reli e i upon such counsel in making this Verification I hereby acknowledge that the facts set forth in a the aforesaid Cozmplault auce made subject to the pez~alt~es of 18 Pa C.S..A.. X4904 relax[rtg to t nsworn faJsifacation to auxhorities. ~ate~ Barbara Axu~ Gxeeu ~'~?~ .:~. ~.. 333SIS-I EXHIBIT "B" TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A DEF DGME Y BE E INS BY: v~ ATTO FOR NDANT MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Adam M. Sorce, Esquire I.D. 55738/88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 6I0-354-8250 610-354-8299 Email: dfwhite ~mdwc .com amsorcenamdwc .com Attorneys for Answering Defendants BARBARA ANN GREEN v. SENIOR COTTAGES OF SHII'PENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO.06- 1440 ANSWER WITH NEW MATTER OF SENIOR COTTAGES'OF SHIPPENSBURG, LTD., HDC/HDI OF SHIPPENSBURG, LLC, AND HAI MANAGEMENT, INC. d/b/a HUMPHREY MANAGEMENT TO PLAINTIFF'S COMPLAINT AND NOW come defendants, Senior Cottages of Shippensburg, LTD., HDC/HDI of Shippensburg, LLC and HAI Management, Inc., d/b/a Humphrey Management (hereinafter "Answering Defendants"), by and through undersigned counsel, Marshall, Dennehey, Vt~arner, Coleman & Goggin, and for their Answer to Plaintiffs Complaint, state as follows: 1. Admitted. 2. Admitted to the extent that the appropriate name of the defendant referenced is Senior Cottages of Shippensburg, LTD. Any remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 3. Admitted to the extent that the appropriate name of the defendant is HDC/HDI of Shippensburg, LLC. Any remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 4. The allegations contained in this paragraph are directed to entities unknown to Answering Defendants, or which do not exist. Therefore, no response is required from Answering Defendants. To the extent that these defendants may be improperly identified, please see the Answers to #2, #3 and #6 for the identification of the appropriate defendants. S. The allegations contained in this paragraph are directed to entities unknown to Answering Defendants, or which do not exist. Therefore, no response is required from Answering Defendants. To the extent that these defendants may be improperly identified, please see the Answers to #2, #3 and #6 for the identification of the appropriate defendants. 6. Admitted to the extent that the appropriate name of the defendant is HAI Management, Inc., d/b/a Humphrey Management. Any remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 7. Denied. The averments contained in Paragraph #7 of Plaintiffs Complaint are legal conclusions to which no response is required. As some of the named Defendants do not exist, the allegations in this paragraph cannot be answered. To the extent a response is required, Answering Defendants specifically deny the averments contained in this paragraph pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 8. Denied. The averments contained in Paragraph #8 of Plaintiffs Complaint are legal conclusions to which no response is required. As some of the named Defendants do not exist, the allegations in this paragraph cannot be answered. To the extent a response is required, Answering Defendants specifically deny the averments contained in this paragraph pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 9. Admitted to the extent that plaintiff leased the property from Senior Cottages of Shippensburg, LTD. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 10. Admitted by Answering Defendants only. 11. Denied. It is specifically denied that plaintiff was walking at the time of her incident. It is further specifically denied that any defect existed on Answering Defendants' property, or that any alleged defect caused plaintiffs alleged injuries. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 12. Denied. It is specifically denied that plaintiff was walking at the time of her alleged incident. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 13. Admitted. 14. Denied. It is specifically denied that the applicable terms of the lease are set forth at length in Paragraph #14 of plaintiffs Complaint. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 15. Denied. It is specifically denied that Answering Defendants had any notice of a dangerous condition or that any dangerous condition existed on its premises prior to plaintiffs alleged incident. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 16. Denied. It is specifically denied that Answering Defendants breached any duty to plaintiff and/or were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. COUNT 1-NEGLIGENCE BARBARA ANN GREEN v. ALL DEFENDANTS 17. Answering Defendants hereby incorporate their Answers to Paragraphs #1 through # 16 above as though fully set forth at length herein. 18. Denied. It is specifically denied that any dangerous condition existed on Answering Defendants' premises. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 19. Denied. It is specifically denied that Answering Defendants breached any duty to plaintiff and/or were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 20. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any applicable local code and/or regulation. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 21. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any provision of the Americans With Disabilities Act and/or other applicable local, state and federal codes and/or regulations. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 22. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require ne response. 23. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 24. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 25. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 26. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 27. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 28. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 29. Denied. It is specifically denied that Answering Defendants were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 30. Denied. It is specifically denied that Answering Defendants breached any duty to plaintiff and/or were negligent. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. WHEREFORE, Answering Defendants demand judgment in their favor and against plaintiff, plus interest and costs. COUNT II -BREACH OF CONTRACT/LEASE BARBARA. ANN GREEN v. ALL DEFENDANTS 31. Answering Defendants hereby incorporate their Answers to Paragraphs # 1 through #30 above as though fully set forth at length herein. 32. Admitted to the extent that plaintiff entered into a Lease Agreement with Senior Cottages of Shippensburg, LTD. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 33. Admitted to the extent that plaintiff agreed to pay Senior Cottages of Shippensburg, LTD., the sum set forth in her tease agreement. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 34. Denied. It is specifically denied that any provision of the Lease Agreement executed by the plaintiff was "unfair and unreasonable". Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 35. Admitted. 36. Denied. It is specifically denied that plaintiff has performed any and all conditions precedent to the commencement of this action. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 37. Denied. It is specif Gaily denied that Paragraph 7 of the Lease Agreement states that which is alleged in Paragraph #37 of plaintiffs Complaint. The Lease Agreement speaks for itself. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 38. Denied. It is specifically denied that Answering Defendants failed to provide a safe, habitable and livable apartment to plaintiff. .Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 39. Denied. It is specifically denied that any of the Answering Defendants breached any residential lease contract with the plaintiff. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of taw which require no response. 40. Denied. It is specifically denied that Answering Defendants breached any residential lease contract with the plaintiff. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 41. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any act, code or law as alleged in Paragraph #41 of plaintiffs Complaint. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 42. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any act, code or law as alleged in Paragraph #41 of plaintiffs Complaint. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. WHEREFORE, Answering Defendants demand judgment in their favor and against plaintiff, plus interest and costs. COUNT III -WARRANTY CLAIM BARBARA ANN GREEN v. ALL DEFENDANTS 43. Answering Defendants hereby incorporate their Answers to Paragraphs # 1 through #42 above as though fully set forth at length herein. 44. Admitted to the extent that plaintiff entered into a Residential Lease Agreement with Senior Cottages of Shippensburg, Ltd. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 45. Admitted to the extent that plaintiff eventually paid the lease amount to Senior Cottages of Shippensburg, Ltd. It is specifically denied that plaintiff has timely paid her lease amount every month. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 46. Denied. It is specifically denied that any provision of the Lease Agreement executed by the plaintiff was "unfair and unreasonable, " or that plaintiff has ever voiced that contention. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 47. Admitted by Senior Cottages of Shippensburg, Ltd. only. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 48. Admitted in part, denied in part. Admitted to the extent that payments were made to Senior Cottages of Shippensburg, -Ltd. It is specifically denied that plaintiff has timely paid her rent on a monthly basis. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 49. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph #49 of plaintiffs Complaint. Therefore, they are denied. 50. Denied. It is specifically denied that any dangerous and/or unfit condition existed on Answering Defendants' premises. It is further specifically denied that Answering Defendants breached any warranty as alleged, or that plaintiff was injured as a result of any of the allegations in plaintiffs complaint. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 51. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any act, law or code as alleged. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 52. Denied. It is specifically denied that Answering Defendants were negligent and/or violated any act, law or code as alleged. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. 53. Denied. It is specifically denied that any breach of warranty occurred with respect to plaintiff. Any and all remaining allegations are denied pursuant to Pa. R.C.P. 1029 and as conclusions of law which require no response. WHEREFORE, Answering Defendants demand judgment in their favor and against plaintiff, plus interest and costs. NEW MATTER S4. The Complaint fails to state a cause of action upon which relief can be granted. SS. Answering Defendants had no duty to plaintiff. S6. Answering Defendants breached no duty to plaintiff. S7. The property at issue vvas not Answering Defendants'. S8. Any defect on the property was trivial or de minimus. S9. Any defect on the property was open and obvious. 60. Answering Defendants had no actual notice of any defect on the property. 61. Answering Defendants had no constructive notice of any defect on the property. 62. No act or omission by Answering Defendants caused any injuries or losses or damages to plaintiff. 63. Any injuries or losses or damages to plaintiff were caused by a person or persons not under the control of Answering Defendants and for whom Answering Defendants were not responsible. 64. Any injuries or losses or damages to plaintiff were caused by a force or forces not under the control of Answering Defendants and for which Answering Defendants were not responsible. 6S. Any injuries or losses or damages to plaintiff were caused by a condition or conditions not under the control of Answering Defendants and for which Answering Defendants were not responsible. 66. Plaintiffs cause of action is barred or reduced because plaintiff was contributorily negligent. b7. Plaintiffs cause of action is barred or reduced by the Pennsylvania Comparative Negligence Act. 68. Plaintiffs cause of action is barred because plaintiff assumed the risk of her actions. b9. Plaintiffs cause of action is barred by the appropriate statute of limitations. 70. Plaintiffs cause of action is barred by the statute of repose. 71. Any claim for delay damages should be dismissed, because such damages are unconstitutional and/or unlawful. 72. Plaintiff has failed to provide timely notice of any alleged defect as required by the law of warranty. 73. Plaintiff failed to attach written warranties to its Complaint as required by law. 72. Plaintiff has failed to abide by the terms of the lease, and therefore her claims are barred by the doctrines of estoppel, waiver, laches, consent and/or release. 73. Plaintiffs claims are barred for her failure to adhere to the Americans with Disabilities Act. 74. Plaintiffs claims are barred for her failure to adhere to the Landlord and Tenant Act. 75. Plaintiff breached the Lease Agreement and is therefore estopped from claiming breach against Answering Defendants. 76. No defect existed on the precise location of Plaintiffs fall, which was to code as required by the State of Pennsylvania, and all local ordinances. WHEREFORE, Answering Defendants demands judgments in their favor, together with costs, interest and attorneys' fees. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN '/. BY: DAVID F. WHITE, ESQUIRE ADAM M. SORCE, ESQUIRE Attorneys for Answering Defendants Date: ~~G \26 A\LIABWMSORCE\LLPG1789884\KMDOUGHERIY\13304\00118 VERIFICATION ADAM M. SORCE, ESQUIRE, hereby states that he is the attorney for Answering Defendants in the foregoing matter, and that he is authorized to make this Verification, and verifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. This verification is taken because a representative of the Answering Defendants is outside of the jurisdiction and timely verification could not be made. The undersigned understands that the statements herein made are subject to the penalties of 18 PA. C.S. §4904 relating to the unsworn falsification to authorities. ADAM . SOR ,ESQUIRE CERTIFICATE OF SERVICE Adam Sorce, Esq., hereby certifies that a true and correct copy of the foregoing Answer with New Matter was sent via regular mail to the below listed parties on the below listed date: Andrew Norfleet Metzgerm Wickersham, PC 3211 North Front Street, PO Box 5300 Harrisburg, PA 17110-0300 oarE y~~ o~ ADAM SORCE, ESQ. EXHIBIT "C" A REGIONA IEFENSE LITIGATION LAW FIRM rVIAR.SHAIS., D , 'WA-RNER, CoLE11~iAN ~ Goccnv Bechk4em >~~ A P t O F E S S t O N A l C O t P O t A T I O N W~Y~I.I~IiIS~.COm Philads~ltia Pittsburgh Scnoton 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 N ~ (610) 354-8250 • Faa (610) 354-8299 ~ ~-.... Wilmington Otao Akron Direct Dial: 610-354-8278 F~ Email: amsorce@mdwcg.com %` April 10, 2006 Andrew W. Norfleet, Esquire Metzer, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 RE: BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, et al CUMBERLAND COUNTY CCP, N0.06-1440 OUR FILE NO. 13304-00118 Dear Mr. Norfleet: Enclosed please find Defendants' Interrogatories, Expert Interrogatories, Damage Interrogatories and Request for Production of Documents Addressed to Plaintiff with regard to the above matter. Kindly respond to said discovery requests within the applicable time frame prescribed by the Pennsylvania Rules of Civil Procedure. Ve t 1 yours, L ADAM M. S CE AMS:ks Enclosures \26 A\LIABWMSORCE\CORR\791067\KCS'fELLA\13304\00118 E~:HI.BiT "D„ ~~~ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN David F. White, Esquire/ I.D. No. 55738 Adam M. Sorce, Esquire/I.D. No. 88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 6 i 0-354-8250 Fax: 610-354-8299 Email: dfwhite(c~mdwcg.com amsorce@rndwcg.com BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d/b/a and a/kla COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., tld/b/a HUMPHREY MANAGEMENT Attorneys for Defendant, Senior Cottages of Shippensburg, Ltd., t/d/b/a and alk/a Cottages of Shippensburg, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION N0.06-1440 NOTICE OF DEPOSITION TO: Andrew W. Norfleet, Esquire Metzer, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 N. Front Street Harrisburg, PA 17110-0300 Please take notice that on June 22, 2006, at 10:00 a.m., the oral deposition of plaintiff, Barbara Green, will be taken at your office, upon oral examination pursuant to the rules of Civil Procedure before a Notary Public or some other officer authorized by law to administer oaths. The oral examination will continue from day to day until completed. By: Date: May 23, 2006 X26 AU.lAB1AMSORCEIUFRM\798666~ICMDOUGHERTY~! 3304001 t 8 ADAM . SORCE, ESQ. EXHIBIT "E" Message ~. 4 ~' Sorce, Adam M. From: Sorce, Adam M. Sent: Thursday, June 15, 2006 12:56 PM To: 'Norfieet, Andrew W.' Subject: RE: Green v. Cottages of Shippensburg (1 Andrew: Thanks for the heads up. For reasons I will never understand, 1 can't agree to reschedule the deposition- yet. If you can file the Motion to Withdraw before the deposition next week, then 1 can reschedule the deposition, and you have my word that I will do so. I will hold off the the motion to compel letter, with the understanding that you are withdrawing and the next attomey can deal with that. Again, if this is something that can be settled for a small amount- as in $1000-$1500, perhaps we can settle it, and you can be rid of a headache and I can be rid of a case. Put some money in her pocket. Just food for thought. I don't have any authority, but it may get the ball rolling with her? Thanks and let me know about getting the Motion to Withdraw filed. Adam M. Sorce Marshall, Dennehey, Warner, Coleman & Coggin 620 Freedom Business Center, Ste. 300 King of Prussia, PA 19406 610.354.8278 610.354.8299 (fax) amsorce@mdwcg.com Confidentiality! Notice: This e-mail transmission and any documents, files or previous a-mail messages attached to it, are confidential and are protected by the attomey-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this a-mail transmission is STRICTLY PR©HIBITED. ff you have received this transmission in error, please immediately notify me by forwarding this a-mail to amsorceCDmdwcg.com, or by telephone at 610-354-8278 and then delete the message and its attachments from your computer. Thank you. Adam M. Sorce email: amsorce -mdwcg.com Firm Web Site: www.marshal{dennehey.com From: Norfleet, Andrew W. [mailto:AWNQmvvke.corn] Sent: Thursday, June 15, 2006 12:04 PM To: Some, Adam M. Subject: Green v. Cottages of Shippensburg Adam: I have tried to contact my client about the discovery responses; she assured me, two weeks ago, that the answers were in the mail. I have not received them. I will do my best to get you the answers. If you need to send me a notice, with the promise of a motion to compel, 1 will understand. At this point, I cannot guarantee her appearance at the deposition. I advised her today, via a voice message and certified mail, that I intend to file a motion to withdraw. 1 would appreciate it if we could reschedule the deposition 6/15/2006 Page 1 of 2 ~~ ~~ ~`~ Message __ Page 2 of 2 ~ ~so that i may file the motion. In the meantime, I will continue to try and get your discovery answers. Please advise. Andrew W. Norfieet, Esquire Metzger, Wickersham, Knauss and Erb, P.C. 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 (717} 234-9478 FAX 6/15/2006 EXHIBIT "F" RfGlOhi.. A .DEFENSE LITIGATION LAW FIRM •s ,`-~~I~ +• ~/~~ ~ t~iCfi\ ~ VFJr7~~ R ~ V~~ ~ ~ ~ D ~ ~ENN~BYI,VA2~IIA , ~ r L1[~,Lti7r . . 3~i~1.111i 71Ai~W~ ~i~"~"T ~ 1 ? 17o~°Icsrow~ Ede A P A. Q P 6 S S i 4 N A 1. C O R 1' o A. e T I <) N WiViV.Sl~1r>nCi1l~:G01ar Hatrisbu+K King of Prussia Yhiladciphia Pittxbntgh 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 ~tii;"""„r;F,,~„.~ (610) 354-8299 354 8250 • F 610 N,sw SffiREiISY ax - ( ) Chern• Hill x~,:~~l~n<t t~~r.Aww[~rc lt'ilmu~gtan Fr.0E2IDA 610 354 8278 Di t Di l j~W nuuniale - - rec a : Email: amsorce@mdwcg.com Orlaruki 7~amPs arrro <\l:tOn September 20, 2006 Barbara Ann Green 220 Senior Drive Shippensburg, PA 17257 RE: BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, et al CUMBERLAND COUNTY CCP, N0.06-1440 OUR FILE NO. 13304-00118 Dear Ms. Green: I see that the Court recently granted Mr. Norfleet's Motion to Withdraw as counsel for you in the above captioned matter. Given our investigation, our review of the medical records, and your discovery responses, we feel strongly that there is no cause of action against The Cottages of Shippensburg. Would you kindly execute the enclosed Stipulation of Discontinuance and return to me for filing with the Court? Then we can put this matter behind us and you can go forward with your life. If you refuse to respond or sign the Stipulation, I will need to get your deposition. Kindly contact me upon receipt of this correspondence so that we can schedule your deposition. I will then quickly file a Motion for Summary Judgment, requesting that the Court dismiss your case. I look forward to hearing from you in either respect. Very truly yours, Ad M. Sorce AMS;kmd \26 A\LIAB\AMSORCEICORR\817673\KMDOUGFIERTY\13304\00118 ,~, .._ E~:HIBIT "G" A REGIONA! !7fFENSE LlTlGrlTIfJN LAW FIRM ~u ,A~ DDcc~~ ~~ ~~ ii ~~~+ ,~ ~ ~7~ ~ ~ R DE ~ ~,~ ,~ ~i ~,~/~~+~ r~T CO~ ~ peNNSnvnsalw Bethlehem t11~1\G l\L\J,i .-1111~7i1L~i.L iwllll.\ VVWll\ poylcfrown Erie A P a O F E S 5 1 o N A L G O F P O A .~ T I O N WiVR'.i~tStl3lldCtlllC~.COIII Hurisburg King of Prussia Philadelphia Pitulwrgh Sccasuon 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 Williamfport New JeRSeY (610) 354-8250 • Fax (610) 354-8299 Chcrry Hill Roseland Qeu~v,+ae Wilmington Olsto Akmn Direct Dial: 610-354-8278 ~~- Fc Lwderdak Email: amsorce@mdwcg.com o"~„ao'"` Tampa October 20, 2006 Prothonotary Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 RE: BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, et si CUMBERLAND COUNTY CCP, NO.06-1440 OUR FILE NO. 13304-00118 Dear Sir/Madam: Enclosed herewith please find the following, which I would ask that you file of record with the Court. Would you also be kind enough to return to me, in the envelope provided, atime-stamped copy of same: Motion to Compel ^ Verification Certificate of Service Original and two (2) copies of the Order, along with stamped-self-addressed envelopes. If any additional documentation is required, please do not hesitate to contact me. Thank you for your courtesy and cooperation in this matter. Ve rs, 1 Adam . Sorce AMS;kmd Enclosures cc: Barbara Green (WlEncls.) 126 AILLAB~AMSORCEICORR~821248~KMDOUGHERTY\13304~OO1i8 EXHIBIT "H" A REGi0iVA1;I7Ei:ENSE LITiGA7iON LAW FIRM PExs+sYrvuae ~~^ DENNEHEY DARNER COLEMAN ~c GGIN o ' gi , , Vv ; n - A P R O F!., S t O tv A f G U R P O R A T( O N R'WW.Q1af8I1aIIdCtlIICfICy.COlli1 Erie flurisborg king of Ptwsia Philadelphia Pittsburgh 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 (610) 354-8250 • Fax (610) 354-8299 Scranton W;Wamsp°" NEi JBRSEY ~he~ Hill Roseland Deu~reRa Wilmington OFao Akron Direct Dial: 610-354-8278 F~ Email: amsorce@mdwcg.com la~kt° a~ ile Orlwdo ramps November 16, 2006 Barbaza Ann, Green 220 Senior Drive Shippensburg, PA RE: BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, et al CUMBERLAND COUNTY CCP, NO.06-1440 OUR FILE NO. 13304-00118 Dear Ms. Green: Enclosed please find an Order with respect to Defendant's Motion to Compel in the above captioned matter. Please be guided accordingly. Additionally, if you have decided to dismiss this case, please contact me immediately at the number above. I intend, after the Motion to Compel is ruled upon, to seek dismissal of the case, as well as costs for its continued prosecution without your participation. Thank you for your time and attention to this matter and I look forward to speaking with you. Very Sorce 1 Postage S Certified fea Postmark Return Receipt fee Here (Endoraerrrent Required) (Endorsement Required) ~ ~ • 7oh1 Posfape 8 Fees Name !Please Prlnt [Ready) (to ba completed by mailer) Sheet, Api. lYo.; or PO Box No. ---- City, State, DP+4 -----~-- s BARBARA ANN GREEN, Plaintiff vs. SENIOR COTTAGES OF SI-IIPPENSBURG, LTD., t/dJb/a and aikia COTTAGES OF SHIPPENSBURG, INC., HDC/HDI ; OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAViJ NO.06-1440 CIVIL IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this 2- ~ day of November, 2006, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, i~~ ~~~~ ~ '1'~ .. ~.~..,..i _. -r t tip.` ~~ ~ '~ -' ''i1 - ' ~ -,_r rl- --3 i ^ -p l~ / Ijyy a~ti ~:.i ~ .~ ~^, ;~ V Fie a s 2007 ~'~ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DAVID F. WHITE, ESQ. ADAM M. SORCE, ESQ. I.D. 55738/88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 610-354-8250 610-354-8299 (FAX) dfwhite(a,mdwcg com amsorce(a~mdwcg com Attorneys for Defendants BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 06-1440 RULE TO SHOW CAUSE AND NOW, this / L` day of February, 2007, upon consideration of Defendants' Petition for Judgment of Non Pros, Plaintiff, Barbara Ann Green, is hereby ORDERED TO ~w+.Yj ~~ °~ lax tc, SHOW CAUSE within t days of ~l~s-ems of Rule why the attached Motion should not be granted. cc: Barbara Ann BY THE COURT: ~iN~~~r,SNN~ 8S ~~ ~d Z 193 t00Z ~~'1Q~i~;-~.i.C~~d 3i~. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DAVID F. WHITE, ESQ. ADAM M. SORCE, ESQ. I.D. 55738/88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 610-354-8250 610-354-8299 (FAX) dfwhite(a~mdwcg com amsorce(cr~,mdwcg com Attorneys for Defendants BARBARA ANN GREEN COURT OF COMMON PLEAS CUMBERLAND COUNTY v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT CIVIL DIVISION NO. 06-1440 PETITION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW COMES Defendants, by and through undersigned counsel, and hereby moves this Honorable Court to make absolute its Rule to Show Cause dated February 12, 2007, and dismiss Plaintiffs Complaint with prejudice. In support thereof, the following is respectfully submitted: 1. On or about January 26, 2007, Defendants filed a Petition for Judgment of Non Pros. 2. On February 12, 2007, this Honorable Court issued a Rule to Show Cause requiring Pro Se Plaintiff, Ms. Green, to show why the relief requested in the Defendants' Motion should not be granted. The Rule was returnable twenty (20) days after service. See Exhibit "A." 3. Defendants attempted service on Ms. Green by regular mail and certified mail, to no avail. 4. Defendants subsequently learned that Ms. Green moved without notifying counsel or the Court. Service was thereafter attempted at her new address of 1341 Pinola Road, Shippensburg, PA 17257. 5. Thereafter, service of the Rule to Show Cause was made in person upon Ms. Green on April 17, 2007. See Exhibit "B." 6. Previously, Defendants attempted to conduct Discovery upon Ms. Green to no avail. 7. Due to Ms. Green's failure to respond to her own counsel, Mr. Norfleet, this Court permitted his withdrawal as counsel of record for Plaintiff. 8. Defendants subsequently attempted to have Ms. Green answer discovery requests and sit for her deposition. 9. Ms. Green failed to respond to Defendants' numerous attempts at contacting her. 10. It is clear at this time that Plaintiff has no intention of participating in the litigation process, either through an attorney, or Pro Se, to the great expense and effort of Defendants and Defendants' counsel. 11. Ms. Green has failed and/or refused to respond to the Rule to Show Cause of February 12, 2007, within the twenty (20) day period as instructed by this Honorable Court. 12. Despite counsel's multiple attempts to contact Ms. Green, she has failed to contact the undersigned counsel prior to the filing of this Petition. WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court make absolute its Rule to Show Cause dated February 12, 2007, and Dismiss Plaintiffs Complaint with Prejudice. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ADA M. SORCE, ESQ. DATE: ~ / \26 A\LIAB\AMSORCE\LLPG\853632\AMSORCE\13304\00118 VERIFICATION ADAM M. SORCE, ESQUIRE, hereby states that he is attorney for all Defendants in this action and verifies that the facts set forth in the foregoing Petition to Make Rule to Show Cause Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ADAM M. SORCE, ESQUIRE Dated: v ~ ~~ CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I did cause to be mailed, by regular, U.S. First Class Mail, a true and correct copy of Defendant's Petition to Make Rule to Show Cause Absolute to the below listed on the date indicated: Barbara Ann Green, Pro Se 1341 Pinola Road Shippensburg, PA 17257 ~~ ~~ ADAM M. SORCE, ESQ. Date: '~ ` ~, EXHIBIT "A" FEB092007 ~1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DAVID F. WHITE, ESQ. ADAM M. SORCE, ESQ. LD. 55738/88711 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 610-354-8250 b10-354-8299 (FAX) dfwhite(a,mdwcg com amsorcena,mdwcg com 9 `~~ ~w U`~~ "I~ Attorneys for Defendants BARBARA ANN GREEN COURT OF COMMON PLEAS CUMBERLAND COUNTY v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDi OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC.,. SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT CIVIL DIVISION N0.06- 1440 j ~f RULE TO SHOW CAUSE AND NOW, this //~~~ day of February, 2007, upon consideration of Defendants' Petition for Judgment f Non Pros, Plaintiff, Barbara Ann Green, is hereby ORDERED TO ~~~~ ~,D seRu i c -e.. SHOW CAUSE within td~s of ' of Rule why the attached Motion should not be granted. BY THE COURT: cc: Barbara Ann Green J. EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 06-1440 AFFIDAVIT OF SERVICE Barbara Ann Green vs. Senior Cottages of Shippensburg, Ltd., et al. Ca®mdonwealth of Pennsylvania County of Dauphin sa. I, John Shinkowsky, a competent adult, being duly sworn according to law, depose and say that at 6:47 PM on 04/17/2007, I served Barbara Ann Green at 1341 Pinola Road , Shippensburg, PA 17257 in the manner described below: ® Defendant(s) personally served. ^ Adult family member with whom said Defendant(s) reside(s). Relationship is ^ Adult in chazge of Defendant(s) residence who refused to give name and/or relationship. ^ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ^ Agent or person in chazge of Defendant's office or usual place of business. an officer of said Defendant's company. ^ Other: a true and correct copy of Rule to Show Cause issued in the above captioned matter. Description: Sea: Female -Age: 42 -Skin: White -Hair: Brown -Height: 5' 02" - eight: 1 x Sworn to and sub cribed before me on this Jo Sh nkowsky /`b day of 20~. Sh owsky Inveatigat 316 Fawn Ridge North ~~~- y~ Harrisburg, PA 17110 ,,,,,~,,,,, YWN~Y ANIA (eoo> 276-0202 NOTARIAL SEAS Atty File#: 13304-00118 -Our File# 922 EBONE M. TURNER, Notary Public City of Harrisburg, Dauphin County _ ~ •• I. AAAA Law Firm`"1 ars is , Dennehey, Warner, Coleman and Coggin Address: 620 Freedom Business Center, Suite 300, King of Prussia, PA, 19406 Telephone: (610) 354-8250 C~ ~ C7 _~ _.., -n _~ '~ ~ _' ~ n.~ -~, m - "~ - ' C~ _ -~ _=v = ~':: ~ -- , , ~ r ~~~ _j - ,- t17 ;y MAY 13 20D7~,( BARBARA ANN GREEN v. SENIOR COTTAGES OF SHIPPENSBURG, LTD., t/d/b/a and a/k/a COTTAGES OF SHIPPENSBURG, INC., HDC/HDI OF SHIPPENSBURG, LLC, HOMES FOR SHIPPENSBURG, INC., SENIOR COTTAGES OF AMERICA, LLC, and HAI MANAGEMENT, INC., t/d/b/a HUMPHREY MANAGEMENT COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL DIVISION NO. 06-1440 ORDER AND NOW, this /G ' day of r,ay , 2007, the Rule to Show Cause issued by this Court dated February 12, 2007, is hereby MADE ABSOLUTE. Further, it is ORDERED that Plaintiffs Complaint is DISMISSED WITH PREJUDICE. BY THE COURT: ~b~ J. ,.. ~ '~`_; ~~ a~i ~~`~ ~ I ;~,~f! L~1l Ai~~ i ` 4 .+~31 ~4^ 'h_` __ { _ t_7~~~