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Home My WebLink About06-2334GAY, CHACKER & MITTIN, P.C. BY: NEIL I. MITTIN, ESQUIRE Identification No. 17158 1731 Spring Garden Street Attorney for Plaintiffs Philadelphia, PA 19130 (215) 567-7955 -------------------------------- JOSEPH HOBBS AND ------------------------- CUMBERLAND COUNTY ------- ANTOINETTE HOBBS, H/W Court of Common Pleas 8301 Presidential Drive Civil Trial Division Apartment #624 H l C umme stown, PA 17036 0(? - a?3(c GIV? 7 L KLP ENTERPRISES, INC. D/B/A LINDHAM COURT APARTMENTS 1101 Lindham Court Suite #704 Mechanicsburg, PA 17055 CIVIL ACTION You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER (OR CANNOT AFFORD ONE), GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 LAWYER REFERRAL AND INFORMATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Le han demandado en corte. Si usted quiere defenderse contra las demandas nombradas en las paginas siguientes, tiene viente (20) dias a partir de recibir esta demanda y notificacion para entablar personalmente o par un abogado una comparecencia escrita y tambien para entablar con la corte en forma escrita sus defensas y objeciones a las demandas contra usted. Sea advisado qua si usted no se defiende, el caso puede continuar sin usted y la corte puede incorporar un juicio contra usted sin previo aviso para conseguir el dinero demandado en el pleito o Para conseguir cualquier otra demanda o alivio solicitados par el demandante. Usted puede perder dinero o propiedad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE ABOGADO (O NO TIENE DINERO SUFICIENTE PAPA PAGAR A UN ABOGADO) , VAYA EN PERSONA O LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PAPA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO. SI USTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PAPA UN HONORARIO REDUCIDO 0 NINGUN HONORARIO. ASOCIACION DE LICENCIADOS CUMBERLAND COUNTY SERVICIO DE REFERENCIA E INFORMATION LEGAL 32 South Bedford Street Carlisle, PA 17013 Telefono : 717-249-3166 GAY, CHACKER & MITTIN, P.C. BY: NEIL I. MITTIN, ESQUIRE Identification No. 17158 1731 Spring Garden Street Attorney for Plaintiffs Philadelphia, PA 19130 (215) 567-7955 -------------------------------- JOSEPH HOBBS AND -------------------------------- CUMBERLAND COUNTY ANTOINETTE HOBBS, H/W Court of Common Pleas 8301 Presidential Drive Civil Trial Division Apartment #624 Hummelstown, PA 17036 V. Ylo c ( a 33N CSC KLP ENTERPRISES, INC. •D/B/A LINDHAM COURT APARTMENTS 1101 Lindham Court Suite #704 Mechanicsburg, PA 17055 CIVIL ACTION 1. Plaintiffs, Joseph Hobbs and Antoinette Hobbs, are adult individuals residing at 8301 Presidential Drive, Apartment #624, Hummelstown, PA 17036. 2. Defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments is fictitious name conducting business at 1101 Lindham Court, Suite #704, Mechanicsburg, PA 17055. 3. On or about April 27, 2004, at or about 10:00 P.M. the Defendant, owned, operated, maintained and/or controlled the real property at 1101 Lindham Court, Mechanicsburg, PA 17055. 4. At all times relevant hereto, the Defendant acted or failed to act by and through their duly authorized agents, servants, workmen and/or employees who were then and there acting in the course and scope of their employment or agency with the Defendant herein at said property located at 1101 Lindham Court, Mechanicsburg, PA 17055. 5. On or about April 27, 2004, at or about 10:00 P.M. it was the duty of the defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments, acting by and through their authorized agents, servants, workmen and/or employees acting within the course and scope of their employment to keep and maintain the said real property including the driveway, pavements, sidewalks, and curbs at said location in a reasonable and safe condition for lawful pedestrians and business invitees. 6. At the aforesaid time and place, the plaintiff, Joseph Hobbs was a pedestrian lawfully walking along the property known as 1101 Lindham Court, Mechanicsburg, PA, when suddenly and without warning, he was caused to trip and/or fall because of the presence of a hole, obstruction, depression, irregularity and/or defect on the driveway, pavements, sidewalks and curbs causing injuries and damages to the Plaintiff which will be more fully set forth at length below. 7. The defendants, KLP Enterprises, Inc. d/b/a Lindham Court Apartments, acting by and through their authorized agents, servants, workmen and/or employees acting within the course and scope of their employment knew or should have known of the existence of the aforesaid dangerous condition. 8. That the negligence, gross negligence, carelessness and recklessness of the defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments, acting by and through their authorized agents, servants, workmen and/or employees acting within the course and scope of their employment includes but are not limited to some or all of the following particulars: (a) failing to maintain its real property including the driveway, pavements, sidewalks and curbs in a safe manner which would protect lawful pedestrians and business invitees such as the plaintiff, as well as other persons lawfully on said property, from defects and dangerous conditions on the premises; (b) failing to warn the plaintiff of the defective and dangerous condition on the defendants, premises, about which the defendant knew, or in the exercise of reasonable care, should have known; (c) failing to take all actions necessary to protect the plaintiff and other lawful pedestrians and business invitees from dangerous and defective conditions which could cause injuries to members of the public including the plaintiff, Joseph Hobbs; (d) failing to provide a safe area of passage for the plaintiff and other lawful patrons commuting along the driveway, pavement, sidewalks, and curbs on said location; (e) failing to take all actions necessary to protect the public from the dangerous and defective design condition which caused injuries to the plaintiff and other lawful pedestrians and/or patrons; (f) failing to provide appropriate warnings of the dangerous conditions at the aforesaid location; (g) allowing a dangerous condition to exist at the aforesaid location for a unreasonable long period of time under the circumstances; (h) failing to inspect the aforesaid location and ascertain the hazardous and defective condition which existed in the real property at the aforesaid date and time; (i) failing to ensure the safety of the plaintiff and other lawful pedestrians walking along the property, driveway, pavement, sidewalks and curbs at said location wherein the defendants, knew or should have known of the defective condition located on the said property; (j) being negligent and reckless at law; and, (k) acts and all other acts of negligence which may be discovered pursuant to the Pennsylvania Rules of Civil Procedure. 9. As a result of the aforesaid accident, the plaintiff, Joseph Hobbs sustained injuries to and about his body, including but not limited to impingement of the left shoulder, left shoulder sprain and strain, acromioclavicular joint dysfunction, myalgia, muscle spasms, injuries to the nerves and nervous system, and various other ills and injuries. Plaintiff has not fully recovered from said injuries and avers that they may be of permanent nature. 10. As a result of this accident, Plaintiff was forced to expend various sums of money for medicine and medical attention for his injuries and may be compelled to make additional expenditures for the same purpose in the future. 11. As a result of this accident, Plaintiff has been unable to attend to his usual and customary daily activities which he pursed prior to the occurrence and may be unable to follow the same in the future. WHEREFORE, plaintiff, Joseph Hobbs, demands judgement against defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments, by and through its agents, servants, workmen and/or employees acting within the course of their employment in a sum less than Fifty Thousand Dollars ($50,000.00), plus interest thereon and costs. COUNT I JOSEPH HOBBS v. KLP ENTERPRISES, INC. D/B/A LINDHAM COURT APARTMENTS, Plaintiff incorporates by references paragraphs 1 through 11 as though same were set forth fully at length herein. 12. The conduct of the defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments, by and through their agents, servants, workmen and/or employees acting within the course of their employment, amounts to unlawful and/or wanton misconduct constitutes a total disregard to the health, safety or welfare of the Plaintiff. 13. By reason of the injuries and damages as aforesaid, the plaintiff, Joseph Hobbs, suffered injuries and damages as aforesaid. WHEREFORE, plaintiff, Joseph Hobbs, demands judgement against defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments, by and through its agents, servants, workmen and/or employees acting within the course of their employment in a sum less than Fifty Thousand Dollars ($50,000.00), plus interest thereon and costs. COUNT II ANTOINETTE HOBBS V. KLP ENTERPRISES, INC. D/B/A LINDHAM COURT APARTMENTS Plaintiff incorporates by references paragraphs 1 through 13 as though same were set forth fully at length herein. 14. At all times relevant to this lawsuit, plaintiff Antoinette Hobbs, was and is the lawful wife of plaintiff, Joseph Hobbs. 15. As a direct and proximate result of the aforementioned injuries to the plaintiff, Joseph Hobbs, plaintiff, Antoinette Hobbs, has been deprived of the sex, society, companionship and services of her husband and she will be deprived of the same for an indefinite time in the future, all to her great detriment and loss. 16. As a direct and proximate result of the aforesaid plaintiff, Antoinette Hobbs, has and will in the future be obligated to expend various sums of money in and about an effort to effect a cure for her husband of his injuries. WHEREFORE, plaintiff, Antoinette Hobbs, demands damages of the defendants, KLP Enterprises, Inc. d/b/a Lindham Court Apartments, by and through its agents, servants, workmen and/or employees acting within the course of their employment in a sum less than Fifty Thousand Dollars ($50,000.00) plus costs. Respectfully submitted, GAY & C ER, P.C. NEIL I MI TIN, ESQUIRE Attorneys for Plaintiffs V E R I F I C A T I O N NEIL I. MITTIN, ESQUIRE, states that he is the attorney for the plaintiff(s), in this action, foregoing pleadings are true an knowledge, information and belief; subject to the penalties of 18 Pa. falsification to authorities. and the facts set forth in the 3 correct to the best of his and that this statement is made C.S. §4904, relating to unsworn NEI I. IITTIN, ESQUIRE 40, O cl? GAY, CRACKER & MITTIN, P.C. BY: NEIL I. MITTIN, ESQUIRE Identification No. 17158 1731 Spring Garden Street Attorney for Plaintiffs Philadelphia, PA 19130 (215) 567-7955 ---------------------------------------------------------------- JOSEPH HOBBS AND CUMBERLAND COUNTY ANTOINETTE HOBBS, H/W Court of Common Pleas Civil Trial Division KLP ENTERPRISES, A334 INC. NO.: 06-z434 D/B/A LINDHAM COURT APARTMENTS PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verifications of Plaintiffs, Joseph Hobbs and Antoinette Hobbs, for my attorney's Verification which was filed on April 25, 2006 with the Civil Action Complaint in the above captioned matter. Respectf ly Submitted, NE . MITTIN, ESQUIRE Atto ney for Plaintiffs I VERIFICATION The undersigned having read the attached pleading, hereby verifies the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not the signed. Signer verifies that he/she has read the within pleading and that it is true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleadings are that of counsel, verifier has relied upon counsel in taking this verification. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. SEPy HOB S y? a a VERIFICATION The undersigned having read the attached pleading, hereby verifies the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not the signed. Signer verifies that he/she has read the within pleading and that it is true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleadings are that of counsel, verifier has relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorit: co r -G to Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant JOSEPH HOBBS AND ANTOINETTE HOBBS, H/W, Plaintiffs V. KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2334 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-referenced matter. N, DUFFIE, STEWART & WEIDNER DATE: 51"-7 5-10(e effdf§on J. Shipman, Esqi D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 25, 2006: Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER B J rson J. Shi man, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 276090 ? ?-.? C? ? ? -: - - ; ; , , __ d ?'i7 T ,.? 'i?C`i _.i (? ?„? ._ ? ?..... - i-) ' .? - -?- -{ JOSEPH HOBBS AND ANTOINETTE HOBBS, H/W, Plaintiffs V. KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2334 CIVIL ACTION - LAW : JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed by and between Neil I. Mittin, Esquire, counsel for the Plaintiffs, and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraphs 0) and (k)of Paragraph s only are hereby stricken and deleted from the Complaint. GAY, CHACCE & MITTIN, P.C. By Neil I. Mittin, Esquire 1731 Spring Garden Street Philadelphia, PA 19130 DATE: Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER El?_ effer on J. Ship an, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant DATE: G ??? Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I. D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: hs@jdsw.com (717) 761-4540 JOSEPH HOBBS AND ANTOINETTE HOBBS, H/W, Plaintiffs V. KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2334 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO JOIN ADDITIONAL DEFENDANTS TO THE PROTHONOTARY: PLEASE issue a writ of summons joining United Water of Pennsylvania and Cumberland Pointe Limited Partnership, as Additional Defendants in the above captioned action and cause the Sheriff to serve the same at the following addresses: United Water of Pennsylvania 8189 Adams Drive Hummelstown, PA 17036 (Via Sheriff Service) Cumberland Pointe Limited Partnership 7800 East Kemper Road Cincinnati, Ohio 45429 (Via certified or registered mail) OHN ON, DUFF' , STEWART & WEIDNER ffe on J. Ship an, Esquire .D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 `t/Qo Attorneys for Defendant DATE: 611 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 16, 2006: Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER ffe M J. Shipman,/Esquire . M 51785 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 277549 .- .. ? ::> ? <= -,, ?r .? 4... ^ T c?? -„ .?- ,;r; ?, .. _,i ?-? t y WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to UNITED WATER OF PENNSYLVANIA, 8189 ADAMS DRIVE, HUMMELSTOWN, PA 17036 AND CUMBERLAND POINTE LIMITED PARTNERSHIP, 7800 EAST KEMPER ROAD, CINCINNATI, OHIO 45429 You are notified that KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS have joined you as an additional defendant in this action, which you are required to defend. Date: JUNE 20, 2006 Curtis R. Lone Prothonotary ?--_By • c"/ Deputy (Seal) No. 06-2334 Civil Term JOSEPH HOBBS AND ANTOINETTE HOBBS, H/W vs KLP ENTERPIRSES, INC., DB/A LINDHAM COURT APARTMENTS Defendant UNITED WATER OF PENNSYLVANIA AND CUMBERLAND POINTE LIMITED PARTNERSHIP Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT JEFFERSON J. SHIPMAN, ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O.BOX 109 LEMOYNE, PA 17043-0109 717-7614540 I.D.#51785 Attorney for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant JOSEPH HOBBS AND ANTOINETTE IN THE COURT OF COMMON PLEAS OF HOBBS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO: 06-2334 CIVIL TERM KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, CIVIL ACTION - LAW Defendant V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. Date: 277222 Nf ON, DUFFIE, STUWART & WEIDNER efferson J. Shipman, Es4t D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant JOSEPH HOBBS AND ANTOINETTE HOBBS, H/W, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2334 CIVIL TERM KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, CIVIL ACTION - LAW Defendant V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS AND NOW, comes the Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, by and through its counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint as follows: 1. Admitted in part, denied in part. It is admitted that the Plaintiffs, Joseph Hobbs and Antoinette Hobbs, are adult individuals. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of remaining averments of Paragraph 1 and the same are therefore denied. I 2. Admitted in part, denied in part. It is admitted only that Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, has an address at 1101 Lindham Court, Suite 704, Mechanicsburg, Pennsylvania, 17055. The remaining averments or Paragraph 2 are denied as stated. 3. Admitted in part, denied in part. It is admitted only that on or about April 27, 2004 at or about 10:00 P.M., the Defendant owned property at 1101 Lindham Court, Mechanicsburg, Pennsylvania, 17055. The remaining averments or Paragraph 3 are conclusions of law and fact to which no response is required. 4. Denied. The averments contained in Paragraph 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments are specifically denied. 5. Denied. The averments contained in Paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments are specifically denied. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments are specifically denied. 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in Paragraph 8, subparagraphs (a) through (k), are conclusions of law and fact to which no response is required. If a , , response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 relating to Plaintiffs' alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, KLP Enterprises, Inc., respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNTI JOSEPH HOBBS v. KLP ENTERPRISES. INC., D/B/A LINDHAM COURT APARTMENTS That the Defendant incorporates herein by reference its answers to Paragraphs 1 through 11 above as though fully set forth herein at length. 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. if a response is deemed to be required, the averments contained therein are specifically denied. 13. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II ANTOINETTE HOBBS v. KLP ENTERPRISES. INC., D/B/A LINDHAM COURT APARTMENTS That the Defendant incorporates herein by reference its answers to Paragraphs 1 through 13 above as though fully set forth herein at length. 14. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant interposes the following New Matter defenses: 17. That Plaintiffs have failed to state a cause of action for which relief may be granted. 18. That Plaintiffs' Complaint is barred by the applicable Statute of Limitations. 19. That the answering Defendant did not own, maintain nor control the real property where Plaintiff allegedly fell. 20. That pursuant to an Access Easement Agreement, attached as Exhibit "A", answering Defendant granted and conveyed the subject real property where Plaintiff alleges he fell to Cumberland Pointe Limited Partnership. 21. That pursuant to said Access Easement Agreement, Cumberland Pointe shall maintain at it sole cost the real property where Plaintiff alleges he fell. 22. That answering Defendant owed no duty of care to the Plaintiff. 23. That answering Defendant was in no way negligent. 24. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 25. That the Plaintiffs' comparative negligence included, without limitation, the following: (a). Failing to watch where he was walking, stepping and/or running; (b) Walking, stepping and/or running in an attentive manner; (c) Walking, stepping and/or running in a hurried or otherwise inappropriate manner; and (d) Failing to wear suitable footwear; 26. That the Plaintiffs comparative negligence was a substantial factor, or factual cause, in the alleged accident and injuries. 27. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Doctrine of Assumption of the Risk as applied in the Commonwealth of Pennsylvania. 28. That the Defendant had no notice of any allegedly dangerous condition on its premises, the existence of which is specifically denied. 29. That the Defendant exercised all reasonable care to discover the existence of any and all allegedly dangerous conditions on the premises, the existence of same being specifically denied. 30. That the Plaintiffs' alleged injuries, if any may have been caused in whole or in part by the negligence of third parties or entities not presently involved in this action and over whom the Defendant had no responsibility or right to control. 31. That the Plaintiff may have failed to mitigate his alleged injuries and damages. 32. That if it should be found that there was any negligence on the part of the answering Defendant, which is specifically denied, then in that event any such negligence was not a proximate cause, nor factual cause of any injuries to the Plaintiffs. WHEREFORE, the Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. DATE: 7 N& N, DUFFIE, STEWART & WEIDNER AfferWn J. Shipmah, Esquire D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Exhibit A 1- ACCESS EASEMENT AG"EMENT THIS ACCESS EASEMENT AGREEMENT ("Agreement"), made and entered into this 28th day of September, 1996, by and between KLP Enterprises, Inc., a Pennsylvania corporation, with its principal office located at 1101 Lindham Court, Apartment 704, Mechanicsburg, Pennsylvania 17055 (hereinafter "Grantor"), and Cumberland Pointe Limited Partnership, an Ohio limited partnership with its principal office located at 7800 East Kemper Road, Cincinnati, Ohio 45429 (hereinafter "Grantee"). RECITALS: R-1. Grantor is the owner of certain real property, containing approximately 7.5839 acres, situate adjacent to property of Grantee, located in Upper Allen Township (the "Township"), Cumberland County, Pennsylvania, pursuant to a Deed dated December 29, 1992, recorded in the Cumberland County Recorder of Deeds Office in Deed Book C, Volume 36, Page 904. R-2. Concurrently with the execution hereof, by a deed intended to be recorded immediately prior to this easement, Grantee has granted and conveyed to Grantor an additional .4161 acres of land located in the Township adjacent to said approximate 7.5839 acre parcel (hereinafter the. "Grantors Property"). R-3. Grantee is the owner of certain real property adjacent to Grantor's Property situate at the terminus of Rocky Road, located in Upper Allen Township, Cumberland County, Pennsylvania, pursuant to a Deed dated November 14, 1995, recorded in the Cumberland County Recorder of Deeds Office on November 29, 1995 in Deed Book 131, Page 1057 (hereinafter the "Grantee's Property 11) . R-4. In order to provide secondary access to Grantee's Property, Grantee is desirous of obtaining a permanent easement across a portion of Grantor's Property (such portion of Grantor's Property being crosshatched and designated as "Proposed Connector Road" and "Lindham Court," on Exhibit "A" which is attached hereto and incorporated herein by reference, hereinafter referred to as the "Easement Area") . R-5. In the portion of the Easement Area where a roadway does not already exist, Grantee plans to construct and improve a thirty-four (34) foot wide roadway to connect Grantee's Property with the existing Lindham Court Drive (the "Roadway"). R-6. The parties hereto entered into an unrecorded Exchange Agreement (the "Exchange Agreement") which was executed by and between Grantor and Grantee on June 20, 1996. R-7. The parties executed a Memorandum of Exchange Agreement ("Memorandum") for notice of and as evidence of the Exchange Agreement. The Memorandum was recorded in the Cumberland County Recorder of Deeds Office on June 24, 1996 in Deed Book 523, Page 82. R-8. Pursuant to the Exchange Agreement and Memorandum, Grantee has conveyed to Grantor the approximately .41 acre portion of Grantee's Property (referenced in R-2 in exchange) for the rights and duties created pursuant to this easement. 2 R-9. As a condition to the Land Development approval, Upper Allen Township (the "Township") has required that this easement be submitted, reviewed and approved by the Township, which action has occurred. NOW THEREFORE, in consideration of the conveyance of a portion of the Grantee's Property to Grantor,' and the sum of Thirty.Thousand Dollars ($30,000.00) paid by Grantee to Grantor, the receipt of which is hereby acknowledged, and for other good and valuable consideration, the receipt of which is hereby acknowledged, and in consideration of the mutual promises and covenants contained herein, AND INTENDING TO BE LEGALLY BOUND HEREBY, the parties hereto agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated into and form a part of this Agreement. 2. Permanent Easements. Grantor hereby grants and conveys unto Grantee, its successors and assigns, for the benefit of and as an easement appurtenant to Grantees Property, a permanent fifty (50) foot wide vehicular and pedestrian easement over and across the Easement Area, subject, however, to any existing easements, to be used exclusively by Grantee, its tenants, and their respective invitees, and a free, uninterrupted and unobstructed right-of-way for the purpose of egress from Grantee's Property for vehicles and pedestrians over, across, and through the Easement Area as shown in Exhibit "A", subject only to other easements of record. The Roadway to be installed shall be aligned with the existing Roadway of Lindham Court. 3 Additionally, Grantor grants and conveys to Grantee a permanent easement of access as reasonably required to maintain the fence which Grantee shall build between the parties' properties as required pursuant to Paragraph 3(c). 3. Specific Provisions. Grantee shall have the following additional rights, duties and obligations: ,(a) Grantee shall install and maintain, at Grantee's sole expense and cost, to Grantor's reasonable satisfaction, but in compliance with and as may be limited by all applicable governing laws, ordinances, or regulations, such lighting and traffic control signage (including, without limitation, "no entrance" signs at the northerly end of the Roadway) along the cartway constructed in the 50' wide portion of the Roadway to be constructed by Grantee as is necessary for the safety of vehicles and pedestrians utilizing the Roadway, and the safety of inhabitants of the buildings on Grantor's Property; (b) Grantee agrees that it will make reasonable attempts to enforce the sign or signs posted at the end of the Roadway, which shall state that the Roadway is an exit only and is not to be used as an entrance to Grantee's Property; and (c) Grantor grants to Grantee a permanent easement as reasonably required to maintain a fence on the 4 Grantee's Property separating the Grantee's and the Grantor's Properties, such fence to be built by Grantee at its expense; such fence shall be a continuation of the existing fence separating Grantor's Property from the property of Cedar Ridge Homeowners' Association,' and shall not be less than six (6) feet in height and shall be located, designed, and installed to Grantor's reasonable satisfaction. 4. Temporary Easements. Grantor hereby grants and conveys unto Grantee, its agents and contractors, for the benefit-of and as an easement appurtenant to the property, a temporary, non- exclusive easement and a free, uninterrupted, and unobstructed right-of-way for the purpose of vehicular and pedestrian ingress, egress, and regress, on a continuous basis, subject only to minor interruptions of a nature and a type normal to commercial construction activities (the "Temporary Construction Easement"). The Temporary Construction Easement shall be on, over, across and under the Easement Area and a reasonable portion of the surrounding Grantor's Property, not exceeding twenty-five (25) feet from the Easement Area (12.5 feet on either side thereof), as reasonably necessary to allow Grantee, its employees, agents, servants and contractors, free and unrestricted access for construction activities on the Easement Area during the construction of the Roadway on the Easement Area. In addition, Grantor shall grant a second temporary easement for the fence 5 ("Pence Easement") and other improvements (i.e., grading and slope temporary easement). The temporary construction easements mentioned herein (collectively, the "Construction Easements") shall expire on the date when the construction of the Roadway, the fence, or other applicable improvements to the Easement Area has been completed in accordance with all the approvals of the applicable federal, state, or local authorities. 5. Conditions and Contents of Temporary Construction Easements. Grantee further agrees to: (a) promptly repair any damage caused by any of the activities conducted by Grantee or its agents and contractors, pursuant to said Construction Easements; (b) change the grade on the property Grantee is exchanging with Grantor only to the minimum extent reasonably required for construction of the Roadway to be constructed by Grantee to connect with the finished grades on Grantee's Property; (c) restore, to the extent practicable and as set forth in Paragraph 9 of this Agreement, the Easement Area (with the exception of the improvements located thereon) and the area beyond the Easement Area to as good a condition as existed prior to entry upon Grantor's Property by Grantee or its employees, agents, and contractors; (d) indemnify and hold harmless Grantor from and 6 A .p against any and all claims, demands, causes of actions, expenses (including reasonable attorneys fees), losses, liabilities and damages by reason of Grantee's exercise of its right of entry onto the Grantor's Property; and (e) not to interfere unreasonably with the use, occupancy and operations of Grantor and its tenants on Grantor's Property. 6. Maintenance of Connector Roadway. Grantee shall maintain at Grantee's sole cost and expense the Roadway to be constructed by Grantee which serves only the Grantee's Property. In addition, Grantee shall pay to Grantor one-half (h) of Grantor's cost of maintaining (including the removal of snow and normal asphalt maintenance) that portion of the Easement Area known as existing Lindham Court Drive (referred to as "Lindham court" on Exhibit "A"), which Grantor agrees to maintain in a good and serviceable condition. Grantee shall make such payments within fifteen (15) days of receipt of invoicing and, if requested by Grantor, written evidence of the cost of said maintenance. 7. Duty to Pave Access Roadway. Concurrently with the construction of its project on Grantee's Property (but not sooner), Grantee shall have a duty to construct, in accordance with applicable standards of the Township, and, after construction, to maintain and repair in good operating condition the Roadway. 7 8. Liability. Grantee shall indemnify and hold harmless Grantor from and against any and all claims, demands, causes of action, expenses, losses, liabilities, damages and expenses, including reasonable attorneys fees, suffered by any of the same by reason of an act or omission by Grantee or Grantee's agents, contractors, invitees, or tenants in, on or adjacent to the Easement Area. If Grantor, in its discretion, ever permits a third party to use any portion of the Easement Area for which Grantee has maintenance costs and liabilities, then Grantor shall require such third parties to pay an equitable share of such costs, and to be responsible for any damages or liability. associated therewith. 9. Restoration. Grantee, in connection with the exercise of any rights hereunder, shall restore the Easement Area to the contour (except as otherwise expressly provided herein) and condition (to the extent reasonably practical) which existed prior to the exercise of any said rights, including, but not limited to bringing the Easement Area to final grade, placing top soil and seeding, replanting or replacing shrubbery (but not trees), and replacing sidewalks, driveways, fences, and paving, all unless Grantor shall have given its prior written approval to other conditions or arrangements. After initial construction, any improved surface which existed within the Easement Area, prior to the exercise of any of the rights herein granted shall be restored with equal surfacing of macadam, concrete, or other improved surface, as the case may be. 8 10. Grantor's Use of Easement Area. Grantor shall have full use and enjoyment of the Easement Area, including the Temporary Construction Easement and Fence Easement and any other temporary easements granted to Grantee; provided, however, that (a) Grantor shall not construct or permit to be constructed or maintain any building or structures in, on, over, or under the Easement Area; (b) Grantor shall not use the Easement Area in any manner which interferes with the reasonable use of the Easement Area for the purposes herein granted; and (c) Grantor shall defend, indemnify and hold harmless Grantee from any claims, liabilities, damages and expenses, including reasonable attorneys fees, in the event Grantor breaches this Paragraph 10. il. Extinguishment of Prior Easement Rights. The parties to this Agreement hereto agree and confirm their intention that this Agreement shall, as to the subject matter expressly set forth herein, supersede and replace any prior oral or written agreements between the parties relating to the subject matter hereof. This document shall serve as a declaration by Grantor and Grantee that the Roadway access easement set forth herein has been established in accordance with the Exchange Agreement. 12. Intention to be Bound. It is the intention of each of the parties hereto to be legally bound by the terms of this Agreement and to bind their successors and assigns. 13. Successors and Assign. The words "Grantor" and "Grantee" shall include the parties hereto and their respective heirs, successors and assigns, as the case may be. 9 l 14. Covenants Run with the Land. Except as otherwise expressly provided herein, all easements, covenants, obligations and agreements hereunder shall be perpetual in nature and.shall run with the land and the properties benefited or burdened by such easements, covenants, obligations and agreements; provided, however, that no party hereunder or any successor to such party shall be liable for acts or omissions occurring or obligations arising after such party or successor conveys fee simple title to its respective property. 15. Cure of Default/Interest. If any party hereto fails to perform its obligations hereunder then the other party may, after the defaulting party receives fifteen (15) days written notice specifying the nature of the default and failure to cure, perform such obligation, and the cost of curing the default (including attorneys' fees and court costs), together with interest thereon at the prime rate ofinterest as published in The Wall Street Journal or its successor publication from time to time, plus three percent (3%), shall be a lien upon the property of the defaulting party. The party harmed by the default shall have available all remedies provided at law or equity. 16. Survival. The terms and provisions of this Agreement are intended to survive closing. 17. Severability. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. 10 A S 18. Paragraph Headings. The headings proceeding the paragraphs in this Agreement are inserted for the convenience of reference only and shall not be construed in interpreting this Agreement. 19. Amendments. Amendments to this Agreement are valid only if in writing and executed by both parties hereto. 20.. ..Compliance with Laws. All the construction and other activities provided in this Agreement shall comply with all applicable federal and state laws and Township ordinances, including, without limitation, environmental laws and zoning, subdivision, and land development ordinances. 21. Construction. This Agreement shall be interpreted, governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. Counterparts. This Agreement may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which, when so executed and delivered, shall be an original, but all such counterparts shall, together, constitute one and the same instrument. 11 IN WITNESS WHEREOF, Grantor and Grantee have duly executed this document the day and year first written above. ATTEST: KLP ENTERPRISES, INC. By _ By: President ATTEST: CUMBERLAND POINTE LIMITED PARTNERSHIP, by W.O. BRISBEN COMPANIES, INC., its general partner By: By: ff ey Goldstein (Vice) President Robert E. Schuler 12 c • COMMONWEALTH OF PENNSYLVANIA _7??, SS. COUNTY OF ?y On this, the ? WP day of berr, 1996, before me, the undersigned officer, personally appeared 4Z k e 6?C.?-tin who acknowledged himself to be the of KIP ENTERPRISES, INC., a Pennsylvania corporation, and that he as such PIZ,6yty,-: being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as In witness whereof, I seal. old S. Irwin Nt, Notary Carlisle l3oro, Cumberland County Ntv Comm: ;gac;n Expires Sept.14,1998 .? hietnl Pen resyhrar>iaAs of set my hand and official My Commission (SEAL) ires: STATE OF L7 h : o COUNTY OF 1 Cx M'. 11 or-, SS. On this, the 28th day of September, 1996, before me, the undersigned officer, personally appeared Robert E. Schuler , who acknowledged himself to be the vice-President of W. 0. BRISBEN COMPANIES, INC., an Ohio corporation, the general partner in CUMBERLAND POINTE LIMITED PARTNERSHIP, an Ohio limited partnership; and that he as such vice-President , being authorized to do so, executed the foregoing instrument for the purpose therein contadned by signing the name of the corporation dpA by himself as 'f' L.`7fe-s In witness whereof, I seal. hereunto set my hand and official X-4 ,J -/-? lan? Notary Public My Commission Expires: (SEAL) ?• Public, State of Ohio My Expires Nov. 27, 1996 C:\DAW\DOCUMENTS\CPLP.EAS septewker 26, 1996 EXHIBIT A ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western side of a private street known as Lindham Court, which point is also on the southern dedicated right-of-way line of Wilson Road; thence along.the latter and crossing the street known as Lindham Court, North 58 degrees 46 minutes 23 seconds East, a distance of 34.20 feet to a point on the eastern line of the private street known as Lindham Court; thence by the latter and along lands of KLP Enterprises, Inc., South 25 degrees 00 minutes 00 seconds East, a distance of 426.16 feet to a point; thence along the same, North 64 degrees 44 minutes 32 seconds East, a distance of 8.00 feet to a point; thence continuing along the same, South 25 degrees 15 minutes 28 seconds East, a distance of 173.16 feet to a point; thence continuing along the same by a curve to the right having a radius of 75.00 feet, an arc distance of 106.56 feet to a point; thence still along the same, South 56 degrees 08 minutes 47 seconds West, a distance of 42.11 feet to a point on the line of lands of Cumberland Pointe Limited Partnership; thence still along the latter and crossing the private street known as Lindham Court, North 25 degrees 00 minutes 00 seconds East, a distance of 50.60 feet to a point on the western side of the private street known as Lindham Court; thence by the latter and lands of KLP Enterprises, Inc., North 56 degrees 08 minutes 47 seconds East, a distance of 34.33 feet to a point; thence along the same by a curve to the left having a radius of 25.00 feet, an arc length of 35.52 feet to a point; thence along the same, North 25 degrees 15 minutes 28 seconds West, a distance of 173.16 feet to a point; thence continuing along the same, South 64 degrees 44 minutes 32 seconds East, a distance of 8.00 feet to a point;'thence still along the same, North 25 degrees 00 minutes 00 seconds West, a distance of 422.72 feet to a point, the place of BEGINNING. ALSO BEING shown on the plan included as part of this Exhibit A. CPLP.EAS LEGALS 11 a zip Jill W 0 a ? I ieaw -- 1NL8CJ i RQVK IJ?E ? •,• '?•?•? •?3 E C ------- a ?w o ALM r is mtow ?? A pq W LOING SP? SS SA4MTAitY Sm" OUT. Ma S-ACM si'1uE12 cam m • n 1a0 80 7d40 M 0 h Of N UM V VERIFICATION I, Jamie Plasterer, an authorized representative of Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, have read the foregoing Answer and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. DATE: 277157 KLP Enterprises, Inc., d/b/a Lindham Court Apartments CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on 7 W&I Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs United Water of Pennsylvania 8189 Adams Drive Hummelstown, PA 17036 Additional Defendant Cumberland Pointe Limited Partnership 7800 East Kemper Road Cincinnati, Ohio 45429 Additional Defendant , DUFFIE, STEWART & WEIDNER J?erdbIT-J. ShipmantEsquire I. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 277142 ?-`? 7 ? _. W? rte- ? , ,.,, ...., „. fV .. ' . \ GAY, CRACKER & MITTIN, P.C. BY: NEIL I. MITTIN, ESQUIRE Identification No. 17158. 1731 Spring Garden Street Attorney for Plaintiffs Philadelphia, PA 19130 (215) 567-7955 - - - - ------------------------------ -------------------------- -- - SOSEPH HOBBS AND - CUMBERLAND COUNTY ANTOINETTE HOBBS, H/W Court of Common Pleas Civil Trial Division V. KLP ENTERPRISES, INC. NO.: 06 22 4 D/B/A LINDHAM, COURT APARTMENTS V. UNITED WATER OF PENNSYLVANIA And CUMBERLAND POINTE LIMITED PARTNERSHIP PLAINTIFFS REPLY TO DEFENDANT,KLP ENTERPRISES, INC. D/B/A LINDHAM COURT APARTMENTS' NEW MATTER 17. - 32. Denied. As conclusions of law under Pennsylvania rules of civil procedures which requires no responsive pleadings. Strict proof demanded at trial. Respectfu;Ay Submitted, GAY.CHA R & MITTIN, P.C. NEIL IY MITTIN, .? _ . GAY, CRACKER & MITTIN, P.C. BY: NEIL I. MITTIN, ESQUIRE Identification No. 17158 1731 Spring Garden Street Attorney for Plaintiffs Philadelphia, PA 19130 (215) 567-7955 - ----- -------------------------- JOSEPH HOBBS AND -------------------------------- CUMBERLAND COUNTY ANTOINETTE HOBBS, H/W Court of Common Pleas Civil Trial Division V. KLP ENTERPRISES, INC. NO.: 06 223 4 D/B/A LINDHAM COURT APARTMENTS V. UNITED WATER OF PENNSYLVANIA And CUMBERLAND POINTE LIMITED PARTNERSHIP PLAINTIFFS REPLY TO DEFENDANT,KLP ENTERPRISES, INC. D/B/A LINDHAM COURT APARTMENTS' NEW MATTER 17. - 32. Denied. As conclusions of law under Pennsylvania rules of civil procedures which requires no responsive pleadings. Strict proof demanded at trial. Respectfully Submitted, GAYS CHA(9ER & MITTIN, P.C. V E R I F I C A T I O N NEIL I. MITTIN, ESQUIRE, states that he is the attorney for the plaintiff(s), in this action, and the facts set forth in the foregoing pleadings are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. NEIL I. MfTTIN, ESQUIRE ., r'. ,....? " . -} `, t-_.; -- _,? THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 JOSEPH HOBBS and ANTOINETTE HOBBS, Plaintiffs VS. KLP ENTERPRISES, INC. d/b/a LINDHAM COURT APARTMENTS, Defendants VS. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants Attorneys for United Water Pennsylvania Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2334 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Additional Defendant United Water of Pennsylvania in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6 h Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this Ytday of 200_gI, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Neil I. Mittin, Esq. Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Jefferson J. Shipman, Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street POB 109 Lemoyne, PA 17043-0109 Coleen M. Polek I Q+ a tv N ?rn N N JOSEPH HOBBS and ANTOINETTE HOBBS, Plaintiffs VS. KLP ENTERPRISES, INC. d/b/a LINDHAM COURT APARTMENTS, Defendants Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2334 CIVIL TERM CIVIL ACTION - LAW UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a rule upon Defendant to file a Joinder Complaint in the above matter within 20 days after service of the rule or suffer a judgment of non pros. THOMAS, THOMAS & HAFER, LLP By: -t; Brooks Folan, Esq. I.D. No. 70102 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 RULE NOW, , 2006, RULE ISSUED S ABOVE. Prothonotary Deputy 9 G -cs s:', Gy -,Sol -a YZ c r,? Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant JOSEPH HOBBS AND ANTOINETTE IN THE COURT OF COMMON PLEAS OF HOBBS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO: 06-2334 CIVIL ACTION - LAW KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, Defendant JURY TRIAL DEMANDED PRAECIPE TO RE-ISSUE WRIT TO JOIN ADDITIONAL DEFENDANT, CUMBERLAND POINTE LIMITED PARTNERSHIP TO THE PROTHONOTARY: PLEASE re-issue the Writ of Summons joining Cumberland Pointe Limited Partnership, as an Additional Defendant in the above captioned action, and cause the Sheriff to serve the same at the following address: Cumberland Pointe Limited Partnership 1254 Rocky Road Mechanicsburg, PA 17055 JOH N, DUFFIE, STEWART & WEIDNER By Je rson J. Shipm , Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE: ?'/U!o Attorneys for Defendant /" l CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 22, 2006: Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs United Water of Pennsylvania 8189 Adams Drive Hummelstown, PA 17036 Additional Defendant JOHNSON, DUFFIE, STEWART & WEIDNER w J ffeirson J. ShiprTrdh, Esquire #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 281857 1 C? ? O C ? ' _? ?u ? ? ?? ; r =? ; ? : ? rti -?! r. ?'. r; C •ti . C..J ? t C ,? ^'? ;?-r? ;?i ?.?? -?j C7 Y ??y_ ? ?i'f'i ?} ? C.? ".{ 1 Johnson, Duffie, Stewart & Weidner Attorney for Defendant By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 JOSEPH HOBBS AND ANTOINETTE IN THE COURT OF COMMON PLEAS OF HOBBS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO: 06-2334 CIVIL TERM KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, CIVIL ACTION - LAW Defendant V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED TO: Additional Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 Lawyer Referral and Information 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuas de la notificaci6n de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando an Is Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui an contra suya. Se le advierte de qua si usted falla de tomar acci6n como se describe anteriormente, all caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada an la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral and Information 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant JOSEPH HOBBS AND ANTOINETTE HOBBS, HM/, Plaintiffs V. KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-2334 CIVIL TERM CIVIL ACTION - LAW V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED JOINDER COMPLAINT AND NOW, comes the Defendant KLP Enterprises, Inc. d/b/a Lindham Court Apartments by and through its counsel, Johnson, Duffie, Stewart & Weidner and avers as follows: The Defendant is KLP Enterprises, Inc., d/b/a Lindham Court Apartments is a fictitious name conducing business at 1101 Lindham Court, Suite #704, Mechanicsburg, PA 17055. 2. The Additional Defendant Cumberland Pointe Limited Partnership is an Ohio limited partnership with its principal place of business located at 1254 Rocky Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Additional Defendant United Water Pennsylvania, Inc. is a Pennsylvania Corporation with its principal place of business located at 8189 Adams rive, Hummelstown, PA 17036. 4. The Plaintiffs have filed a Complaint against the Defendants, a copy of which is attached hereto and marked Exhibit "A". 5. The Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, has filed an Answer and New Matter to Plaintiffs Complaint, a copy of which is attached hereto and marked Exhibit "B". 6. At the time of this accident, the Additional Defendant, Cumberland Pointe Limited Partnership had ownership and control over the real property where Plaintiff fell, through an Access Easement Agreement with Defendant KLP. 7. Additional Defendant Cumberland Pointe Limited Partnership had a duty to maintain the property where Plaintiff alleges that he fell. 8. The Additional Defendant Cumberland Pointe owed a duty of care to the Plaintiff. 9. The negligence of Additional Defendant Cumberland Pointe which caused Plaintiff to fall included: (a) failing to maintain its real property in a safe manner which would protect Plaintiff, a business invitee, and others lawfully on the property, from dangerous conditions on the premises; (b) failure to warn of a dangerous condition on the premises that was known or should have been known through the exercise of reasonable care; (c) failure to take those steps reasonably necessary to protect those lawfully on the premises, such as Plaintiff, from a known dangerous condition; (d) failure to provide a means of safe passage through the portions of roadway, sidewalk and pavement which Additional Defendant Cumberland Pointe had ownership and control over via an Easement Agreement, and in which Plaintiff fell; (e) failure to provide adequate warning of the existence of a known dangerous condition on the premises; (f) permitting a known dangerous condition to be present at the aforementioned location for a period of time that was longer than reasonably necessary under the circumstances; (g) failure to inspect the aforementioned location and discover the hazardous condition which existed on Additional Defendant Cumberland Pointe's real property at the time Plaintiff fell; and (h) failure to take those steps reasonably necessary to ensure the safety of those lawfully on the premises walking in the area of the driveway, pavement, sidewalks and curbs of the property where Additional Defendant Cumberland Pointe knew or should have discovered with the use of reasonable care, that a dangerous condition existed. 10. At the time and place of this accident, Additional Defendant United Water Pennsylvania, Inc. had a depression and/or hole around a United Water maintained pipeline. 11. Additional Defendant United Water had a duty to repair the depression and/or hole which they created in the location where Plaintiff fell. 12. Additional Defendant United Water owed a duty to Plaintiff. 13. The negligence of Defendant United Water which caused Plaintiff to fall included: (a) failing to maintain its work site and pipes in a safe manner which would protect Plaintiff, a business invitee, and others lawfully on the property, from dangerous conditions in the area of the United Water maintained pipe; (b) failure to warn of a dangerous condition caused by United Water that was known or should have been known through the exercise of reasonable care; (c) failure to take the steps reasonably necessary to protect those lawfully on the premises, such as Plaintiff, from a known dangerous condition; (d) failure to provide a means of safe passage through the portions of roadway, sidewalk and pavement which Additional Defendant United Water had conducted maintenance work and created a dangerous condition on; (e) failure to provide adequate warning of the existence of a known dangerous condition; (f) permitting a known dangerous condition to be present at the aforementioned location for a period of time that was longer than reasonably necessary under the circumstances; (g) failure to inspect the aforementioned location and discover the hazardous condition which existed at the site of a United Water pipe and maintenance site at the time Plaintiff fell; and (h) failure to take those steps reasonably necessary to ensure the safety of those walking lawfully in the area of the pipe where Additional Defendant United Water knew or should have discovered with the use of reasonable care, that a dangerous condition existed. 14. The Plaintiffs injuries are the result of the negligence of the Additional Defendants Cumberland Pointe and United Water. WHEREFORE, the Defendant KLP Enterprises d/b/a Lindham Court Apartments, avers that if they are liable to the Plaintiffs, which liability is denied, then in that event, the Additional Defendants are solely liable to the Plaintiffs or liable over to the Defendant on the Plaintiffs' claims or, in the alternative, liable to the Defendant for contribution and/or indemnification. Respectfully submitted, JO N, DUFFLE, STEWART & WEIDNER B - L140 -A fferson J. Shipman, squire D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE: ti///a Attorneys for Defendant ^a Z -I Wd s- ? ]s SOoa 3' ! :. C?-{1311 C , s+ A- 05,08/2006 MON 10:48 FAX 717 776 4150 J P WOLFE INS-NEWVILLE Jl'- Z001 .,a ,Eric (rL a, ..r }//r Or GAY, CRACKER & MITTIN, P.C. BY: NEIL I. MITTIN, ESQUIRE Ident.ificat_cn No. 1'7158 1731 Spring Garden Street Attorney for Plaintiffs Philadelphia, P? 19130 (215) 567-7955 - - - -- ----- ---------------------- JOSEPH IiOBBS AND -------------------------------- CUMBERLAND COUNTY ANTOINETTE HOBBS, Ii/W Court of Common Pleas 8301 Presidential Dr=ve Civil Trial Division Apa=tment #624 ? Hummelstown, PA 17036 7 / OL ?lUtl,. -`71 V. KLP ENTERPRISES, INC. D/B/A LINDHAM COURT APARTMENTS 1101 Lindham Court Suite #704 Mechanicsburg, PA 17055 CIVIL ACTION You have been cued in court. If you wish to defend against the claims sec forth in the following pages, you must take ac-ion within twenty (20) days after this complaint and notice are served, by entering a written appea=ante personally or by attorney and filing in writing with the --Curt your do=epees or objections to the claims se= forth against you. You are warned that if you fail to do so the case may oroceed without you and a judgement may be entered against you by the sour without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may love money or -property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. =F YOU DO NOT HAV3 A LAWYER (OR CANNOT AFFORD ONE), GO TO OR TELEPHONE THE OFFICE SET FOR---H BLOW TO FIND OUT WHERE YOU CAN GET LEGAL HYLP. 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 -IOU WITIJ :NFORMATION A30UT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSON'S AT A REDUCED FE3 OR NO FEE. TRUE COPY FROM Sli'` ??}: r? CUMBES.LXND COUNT- BAR ASSOCIATION 7i 'r jb' RTUf ( LAWYER REFERRAL AND INFORMATION `-^1!L •i 37 south Bedford Street Carlisle, PA 17013 717-249-3166 b?nnesn Le han demandado en Corte. Si usted quiere defenderse contra lag demanders nombradae an lag paginua siguientes, tiene viente (20) dial & partir do recibir ester Lemanda y notiticacion Para entablar personalmente o pct un abogado una comoareccneia escrita y cambieD pars entablar con Is torte an forma escrita sus defensas y objeciones a law demanders contra usted. Sea ad,isado qua ai usted no ere defiende, el caSo puede continuar sin usted y Is torte puede ir_corpcrar un juicic ontra usted sin previo avi.so Para conseguir el dinero demandadc an el p),eitc o Para onseguir ctalquier ctra demanda o alivio solieiLado_ por el demandante. Uated lAedhiepeMB[tA?pfll?EpfeeeMiDppiadad u otros der=ethos importantes pars uvtcd. ERIE INSURANCE GROUP mIJAIJ111P.dw llno? wRunun doo?i on 17 fdw 05,/08/2008 MON 13:48 FAX 717 778 4150 3 P WOLFE INS-NEWVILLE 10002 df pug 30Nvti nSNI 31H;3 Ouylua gJday luaOV luepuadapul uy rhy Court Apartments, acting by and through their a-.l_hcrized agents, servants, workmen and/or employees acting within the course and scope of their' employment to keep and maintain the said real property including the driveway, pavements, sidewalks, and curbs at said location in a reasonable and safe condition for lawful pedestrians and business invitees. 6, At the aforesaid time and place, the plaintiff, Joseph Hobbs was a pedestrian lawfully walking along the property known as 1101 Lindham Court, Mechanicsburg, PA, when suddenly and without warning, he was caused to trip and/or fall because of the presence of a hole, obstruction, depression, irregularity and/or defect on the driveway, pavements, sidewalks and curbs causing injuries and damages to the Plaintiff which will be more fully set forth at length below. 7. The defendants, KLP Enterprises, Inc- d/b/a Lindham Court Apartments, acting by and through their authorized agents, servants, workmen and/or employees acting withir, the course and scope of their employment knew or should have known of the existence of the aforesaid dangerous condition. 8. That the negligence, gross negligence, carelessness and recklessness of the defendant, KLP Enterprises, Inc. d/b/a Lirdham Court Apartments, acting by and through their authorized agents, servants, workmen and/cr employees acting within the course and scope of their employment includes but are not -imited to some or all of the following particulars: OS/08/2008 MON 13:48 FAX 717 778 4159 J F WOLF£ INS-NER'VILLE QJ 003 M 618 USTED DESE LLIVXR ESTE. OOCUMENTO A SU ABOGADO I1T>1EDIATAMENTE. Sl rig-ED 00 TIENE ABOGADO (O NO TIENE D'INERO SUFICIENTE PA:A PACA A ON ABOGP_DO), VAYA EN PERSONA O LLAME POR TELEPONC LA OFICINA NOMBRADA A3AJD PARA AVERIM AR DOND? SE PJEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OPICINA PUEDE PRO?ORCIONARLE LA INFORMACION SOBRE CONTRATAR A 'JN ABOGADO. SI USTED NO TIENE DINERO SUPTCIENTE PARA PAGAR A UN ASOGADO, EST-A- OPICrNA PUSDE PROPCRCIONARLE INFOfhIACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE =V..PLEN LOS REQUiSITOS PARA UN MONORARIO REDUCIDO'0 NINGUN HONORARIO. ASOCIACIDN DE LICENCIADOS C"JMBERUA'I) COUNTY SERVZCIO DE REFERENCIA E INFORMATION LEGAL 32 South Bedford Street Ca"lisle, PA 17013 Telef ORO: 717-249-31GG 7'!1 I " I OCGf II/1 muciuv.,4? "", 05/08/2008 MON 13:49 FAX 717 778 4159 3 P WOLFE INS-NEWVILLE 10004 .3M dnOaJ SONY nsNI 311 3 `® 6upueSaid08 lu86vluapUadapulUy WIN (a) failing to maintain its real property _ncluding the driveway, pavements, sidewalks and curbs in a safe manner which would protect lawful pedestrians and business invitees such as the plaintiff, as well as other persons lawfully on said property, from defects and dangerous conditions on the premises; (b) failing to warn the plaintiff of the defective and dangerous condition on the defendants' premises, about which the defendant knew, or in the exercise of reasonable care, should have known; (c) failing to take all actions necessary to protect the plaintiff and other lawful pedestrians and business invitees from dangerous and defective conditions which could cause injuries to members of the public including the plaintiff, Joseph Hobbs; (d) failing to provide a safe area of passage for the plaintiff and other lawful patrone commuting along the driveway, pavement, sidewalks, and curbs on said location; (e) failing to take all actions necessary to protect the public from the dangerous and defective design condition which caused injuries to the plaintiff and other lawful pedestrians and/or patrons; (f) failing to provide appropriate warnings of the dangerous conditions at the aforesaid location; (g) allowing a dangerous condition to exist at the aforesaid location for a unreasonable long period of time under the circumstances; (h) failing to inspect the aforesaid location and ascertain the hazardous and defective condition which existed in the real property at the aforesaid date and time; U) failing to ensure the safety of the plaintiff and other lawful pedestrians walking along the property, driveway, pavement, sidewalks and curbs at said location wherein the defendants' knew or should have known of the defective condition located on the said property; (j) being negligent and reckless at law; and, (k) acts and all other acts of negligence which may be discovered pursuant to the ?ennsylvania Rules of Civil Procedure. 05/08/2008 MON 13:49 FAX 717 778 4159 .l P WOLFE INS-NEVVILLE Zoos GAY, CNACKER & MITTIN, P.C. ey: NEIL I. MITTIN, ESQUIRE Identification No. 17158 1731 Spring Garden Street Attorneyfor ?laintiffs Philadelphia, PA 19130 (215) 567-7955 ---------------------------------------------------------------- JOSEPH HOBBS AND CUMBERLAND COUNTY ANTOINETTE HOBBS, i-11W Court' of Common Pleas 8301 Presidential Drive Civil Trial Division Apartment 4624 Hummelstown, PA 17036 V. KLP ENTERPRISES, INC. .D/B/A LINDHAM COURT APARTMENTS i 1101 Lindham Court Suite #704 Mechanicsburg, PA 17055 I CIVIL ACTION i 1. Plaintiffs, Joseph Hobbs and Antoinette Hobbs, are adult individuals residing at 8301 Presidential. Drive, Apartment 4624, Hummelstown, PA 17036. 2. Defendant, KLP Enterprises, Irnc. d/b/a Lindham Court Apartments is fictitious name conducting lbusiness at 1101 Lindham Court, Suite #704, Mechanicsburg, PA 17055- 3. On or about April 27, 2004, at or about 10:00 P.M. the Defendant, owned, operated, maintained d/or controlled the real property at 1101 Lindham Court, PA 17055. 4. At all times relevant hereto,) the Defendant acted or failed to act by and through their servants, workmen and/or employees who w in the course and scope of their emplo Defendant herein at said property locate Mechanicsburg, ?A 17055. ily authorized agents, then and there acting :nt or agency with the at 1101 Lindham Court, 5. On or about April 27, 2DO4, at O? about 10:00 P.M. it was ses, Inc. d./b/a Lindham D4LedepiMSBYAPtARcpho!ntAgEendant, KLP EntesprI ERIE INSURANCE GROUP .... .. ?L.... .. .oH{ ...onnu.1 '4 n"', ,... ,a A- 05/08/2008 MON 13:49 FAX 717 778 4159 J P WOLFE INS-NEWVILLE 14 008 e df puD 30NV8nSN1 3183 `1 Oulluaseidati luaOV wapuedapul uy 9. As a result of the aforesaid a?cide-it, the plaintiff, Joseph Hobbs sustained injuries to and about his body, including but not limited to im-pingement of the left shoulder, left shoulder sprain and strain, acromioclavicular join dysfunction, myalgia, muscle spasms, injuries to the nerves a d nervous system, and various other ills and injuries. Plaintiff has not fully recovered from said injuries and avers that they may be of permanent nature. 10. As a result of this accident, Plaintiff was forced to expend various sums of money for medicine a?d medical attention for his injuries and may be compelled ?o make additional expenditures for the same purpose in the future, 11. As a result of this accident, P`aintiff has been unable to attend to his usual and customary daily activities which he pursed prior to the occurrence and may be unable to follow the same i in the future. I4HBREFORE, plaintiff, Joseph Hobbs, demands judgement against defendant, KLP Enterprises, Inc. d/b/a Lind ham Court Apartments, by and through its agents, servants, workmen land/or employees acting within the course of their employment ini a 'sum less than Fifty Thousand Dollars ($50,000.00`, plus interest thereon and costs. COUNT I JOSEPH HOBBS v. KLP ENTERPRISES, INC. D/B/A LINDHAM COURT APARTMENTS Plaintiff incorporates by references paragraphs 1 through 11 as though same were set forth fully at length herein. 12. The conduct of the defendant, KLP Enterprises, Inc. d/b/a Lindbam Court Apartments, by and through their agents, servants, a.. .?. __ ._ 7d 1e10cg//l ll c... m,w -.,. ............ 05/08/2006 RON 13:40 FAX 717 776 4150 3 P WOLFE INS-NEWVILLE Z007 workmen and/or employees acting within the course of their employment, amou-its to unlawful and/or wanton misconduct constitutes a total disregard to the health, safety or welfare of the Plaintiff. 13. By reason of the injuries and damages as aforesaid, the plaintiff, Joseph Hobbs, suffered injuries and dairages as aforesaid. WHEREFORE, plaintiff, Joseph Hobbs, demands judgement against defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments, by and through its agents, servants, workmen and/or employees acting within the course of their employment in a sum less than Fifty Thousand Dollars ($50,000.00), plus interest thereon and costs. COMM xs ANTOTNETTE HOBBS V. XLP ENTERPRISES, INC. D/B/A LINDHAM CQURTT_APARTMENTS Plaintiff incorporates by references paragraphs 1 through 13 as though same were set forth fully at length herein. 14. At all times relevant to this lawsuit, plaintiff Antoinette Hobbs, was and is the lawful wife of plaintiff, Joseph liobbs . is. As a direct and proximate result of the aforementioned injuries to the plaintiff, Joseph Hobbs; plaintiff, Antoinette Hobbs,-has been deprived of the sex, society, companionship and services of her husband and she will be deprived of the same for an indefinite time in the future, all to her great detriment and loss. 16. As a direct and proximate result' of the aforesaid ?laintif_, Antoinette Hobbs, has and will in the future be An Intlependent Agent Repmpeminp ERIE INSURANCE GROUP 05/08/2008 MON 13:50 FAX 717 778 4159 J P WOLFE INS-NEWVILLE _ 10 008 obligated to expend various sums of money in and about an effort to effect a cure for her husband of his injuries. . W-LEREFORE, plaintiff, Antoinette Hobbs, demands damages of the defendants, KLP Enterprises, Snc. d/b/a Lindham Court Apartments, by and through its agents, servants, workmen and/or employees acting within the course of their employment in a sum less than Fi=ty Thousand Dollars ($50,000.00) plus costs. Respect`_ully submitted, GAY F, R, P.C. G /1 NEIL I MI TIN, ESQUIRE Attorneys for Plainti=£s An Independent Agent Representing ERIE INSURANCE GROUP L'D e 05/08/2008 MON, 13:50 FAX 717 778 4159 J P WOLF£ INS-NEWVILLE la009 V S R I F I C A T I O N NEIL I. .ITTIN, ESQUIRE, states than he is the attorney for the plaintiff(s), in this action, and the facts set- forth in the foregoing pleadings are true and correct to the beet of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. 94904, relating to uneworn alsification to authorities. NEI I- ITTIN, ESQUIRE 11 0 o Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjst§jdsw.com (717) 761-4540 Attorney for Defendant JOSEPH HOBBS AND ANTOINETTE IN THE COURT OF COMMON PLEAS OF HOBBS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO: 06-2334 CIVIL TERM KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, CIVIL ACTION - LAW Defendant V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED TO: NEW MATTER NOTICE Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. DUFFIE, Date: 7 (?D / 277222 efferson J. Shipman, EsfIt .D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant & WEIDNER Johnson, Duffie, Stewart & Weidner Attorney for Defendant By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 JOSEPH HOBBS AND ANTOINETTE IN THE COURT OF COMMON PLEAS OF HOBBS, HAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO: 06-2334 CIVIL TERM KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, CIVIL ACTION - LAW Defendant V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT KLP ENTERPRISES, INC., DIBIA LINDHAM COURT APARTMENTS AND NOW, comes the Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, by and through its counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint as follows: 1. Admitted in part, denied in part. It is admitted that the Plaintiffs, Joseph Hobbs and Antoinette Hobbs, are adult individuals. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of remaining averments of Paragraph 1 and the same are therefore denied. 2. Admitted in part, denied in part. It is admitted only that Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, has an address at 1101 Lindham Court, Suite 704, Mechanicsburg, Pennsylvania, 17055. The remaining averments or Paragraph 2 are denied as stated. 3. Admitted in part, denied in part. It is admitted only that on or about April 27, 2004 at or about 10:00 P.M., the Defendant owned property at 1101 Lindham Court, Mechanicsburg, Pennsylvania, 17055. The remaining averments or Paragraph 3 are conclusions of law and fact to which no response is required. 4. Denied. The averments contained in Paragraph 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments are specifically denied. 5. Denied. The averments contained in Paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments are specifically denied. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments are specifically denied. 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in Paragraph 8, subparagraphs (a) through (k), are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 relating to Plaintiffs' alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, KLP Enterprises, Inc., respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNTI JOSEPH HOBBS v. KLP ENTERPRISES. INC.. D/B/A LINDHAM COURT APARTMENTS That the Defendant incorporates herein by reference its answers to Paragraphs 1 through 11 above as though fully set forth herein at length. 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. if a response is deemed to be required, the averments contained therein are specifically denied. 13. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II ANTOINETTE HOBBS v. KLP ENTERPRISES. INC.. D/B/A LINDHAM COURT APARTMENTS That the Defendant incorporates herein by reference its answers to Paragraphs 1 through 13 above as though fully set forth herein at length. 14. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant interposes the following New Matter defenses: 17. That Plaintiffs have failed to state a cause of action for which relief may be granted. 18. That Plaintiffs' Complaint is barred by the applicable Statute of Limitations. 19. That the answering Defendant did not own, maintain nor control the real property where Plaintiff allegedly fell. 20. That pursuant to an Access Easement Agreement, attached as Exhibit "A", answering Defendant granted and conveyed the subject real property where Plaintiff alleges he fell to Cumberland Pointe Limited Partnership. 21. That pursuant to said Access Easement Agreement, Cumberland Pointe shall maintain at it sole cost the real property where Plaintiff alleges he fell. 22. That answering Defendant owed no duty of care to the Plaintiff. 23. That answering Defendant was in no way negligent. 24. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 25. That the Plaintiffs' comparative negligence included, without limitation, the following: (a). Failing to watch where he was walking, stepping and/or running; (b) Walking, stepping and/or running in an attentive manner; (c) Walking, stepping and/or running in a hurried or otherwise inappropriate manner; and (d) Failing to wear suitable footwear; 26. That the Plaintiffs comparative negligence was a substantial factor, or factual cause, in the alleged accident and injuries. 27. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Doctrine of Assumption of the Risk as applied in the Commonwealth of Pennsylvania. 28. That the Defendant had no notice of any allegedly dangerous condition on its premises, the existence of which is specifically denied. 29. That the Defendant exercised all reasonable care to discover the existence of any and all allegedly dangerous conditions on the premises, the existence of same being specifically denied. 30. That the Plaintiffs' alleged injuries, if any may have been caused in whole or in part by the negligence of third parties or entities not presently involved in this action and over whom the Defendant had no responsibility or right to control. 31. That the Plaintiff may have failed to mitigate his alleged injuries and damages. 32. That if it should be found that there was any negligence on the part of the answering Defendant, which is specifically denied, then in that event any such negligence was not a proximate cause, nor factual cause of any injuries to the Plaintiffs. WHEREFORE, the Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. DUFFIE, STEWART & WEIDNER DATE: 7 /G /6& ffdrrWh J. Shipman, Esquire D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant ACCESS Emma= AGRZ131W THIS ACCESS EASEMENT AGREEMENT ("Agreement"), made and entered into this 28th day of September, 1996, by and between KLP Enterprises, Inc., a Pennsylvania corporation, with its principal office located at 1101 Lindham Court, Apartment 704, Mechanicsburg, Pennsylvania 17055 (hereinafter "Grantor"), and Cumberland Pointe Limited Partnership, an Ohio limited partnership with its principal office located at 7800 East Kemper Road, Cincinnati, Ohio 45429 (hereinafter "Grantee"). RECITALS: R-1. Grantor is the owner of certain real property, containing approximately 7.5839 acres, situate adjacent to property of Grantee, located in Upper Allen Township (the "Township"), Cumberland County, Pennsylvania, pursuant to a Deed dated December 29, 1992, recorded in the Cumberland County Recorder of Deeds Office in Deed Book C, Volume 36, Page 904. R-2. Concurrently with the execution hereof, by a deed intended to be recorded immediately prior to this easement, Grantee has granted and conveyed to Grantor an additional .4161 acres of land located in the Township adjacent to said approximate 7.5839 acre parcel (hereinafter the. "Grantor's Property"). R-3. Grantee is the owner of certain real property adjacent to Grantor's Property situate at the terminus of Rocky Road, located in Upper Allen Township, Cumberland County, Pennsylvania, pursuant to a peed dated November 14, 1995, N ih,y "A" recorded in the Cumberland County Recorder of Deeds Office on November 29, 1995 in Deed Book 131, Page 1057 (hereinafter the "Grantee's Property"). R-4. in order to provide secondary access to Grantee's Property, Grantee is desirous of obtaining a permanent easement across a portion of Grantor's Property (such portion of Grantor's Property being crosshatched and designated as "Proposed Connector Road" and "Lindham Court," on Exhibit "A" which is attached hereto and incorporated herein by reference, hereinafter referred to as the "Easement Area") . R-5. In the portion of the Easement Area where a roadway does not already exist, Grantee plans to construct and improve a thirty-four (34) foot wide roadway to connect Grantee's Property with the existing Lindham Court Drive (the "Roadway"). R-6. The parties hereto entered into an unrecorded Exchange Agreement (the "Exchange Agreement") which was executed by and between Grantor and Grantee on June 20, 1996. R-7. The parties executed a Memorandum of Exchange Agreement ("Memorandum") for notice of and as evidence of the Exchange Agreement. The Memorandum was recorded in the Cumberland County Recorder of Deeds Office on June 24, 1996 in Deed Book 523, Page 82. R-8. Pursuant to the Exchange Agreement and Memorandum, Grantee has conveyed to Grantor the approximately .41 acre portion of Grantee's Property (referenced in R-2 in exchange) for the rights and duties created pursuant to this easement. 2 R-9. As a condition to the Land Development approval, Upper Allen Township (the "Township") has required that this easement be submitted, reviewed and approved by the Township, which action has occurred. NOW THEREFORE, in consideration of the conveyance of a portion of the Grantee's Property to Grantor,' and the sum of Thirty.Thousand Dollars ($30,000.00) paid by Grantee to Grantor, the receipt of which is hereby acknowledged, and for other good and valuable consideration, the receipt of which is hereby acknowledged, and in consideration of the mutual promises and covenants contained herein, AND INTENDING TO BE LEGALLY BOUND HEREBY, the parties hereto agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated into and form a part of this Agreement. 2. Permanent Easements. Grantor hereby grants and conveys unto Grantee, its successors and assigns, for the benefit of and as an easement appurtenant to Grantee's Property, a permanent fifty (50) foot wide vehicular and pedestrian easement over and across the Easement Area, subject, however, to any existing easements, to be used exclusively by Grantee, its tenants, and their respective invitees, and a free, uninterrupted and unobstructed right-of-way for the purpose of egress from Grantee's Property for vehicles and pedestrians over, across, and through the Easement Area as shown in Exhibit "A", subject only to other easements of record. The Roadway to be installed shall be aligned with the existing Roadway of Lindham Court. 3 Additionally, Grantor grants and conveys to Grantee a permanent easement of access as reasonably required to maintain the fence which Grantee shall build between the parties' properties as required pursuant to Paragraph 3(c). 3. Specific Provisions. Grantee shall have the following additional rights, duties and obligations: ._(a) Grantee shall install and maintain, at Grantee's sole expense and cost, to Grantor's reasonable satisfaction, but in compliance with and as may be limited by all applicable governing laws, ordinances, or regulations, such lighting and traffic control signage (including, without limitation, "no entrance" signs at the northerly and of the Roadway) along the cartway constructed in the 50' wide portion of the Roadway to be constructed by Grantee as is necessary for the safety of vehicles and pedestrians utilizing the Roadway, and the safety of inhabitants of the buildings on Grantor's property; (b) Grantee agrees that it will make reasonable attempts to enforce the sign or signs posted at the and of the Roadway, which shall state that the Roadway is an exit only and is not to be used as an entrance to Grantee's Property; and (c) Grantor grants to Grantee a permanent easement as reasonably required to maintain a fence on the 4 Grantee's Property separating the Grantee's and the Grantor's Properties, such fence to be built by Grantee at its expense; such fence shall be a continuation of the existing fence separating Grantor's Property from the property of Cedar Ridge Homeowners' Association,' and shall not be less than six (6) feet in height and shall be located, designed, and installed to Grantor's reasonable satisfaction. 4. Temporary Easements. Grantor hereby grants and conveys unto Grantee, its agents and contractors, for the benefit.of and as an easement appurtenant to the property, a temporary, non- exclusive easement and a free, uninterrupted, and unobstructed right-of-way for the purpose of vehicular and pedestrian ingress, egress, and regress, on a continuous basis, subject only to minor interruptions of a nature and a type normal to commercial construction activities (the "Temporary Construction Easement"). The Temporary Construction Easement shall be on, over, across and under the Easement Area and a reasonable portion of the surrounding Grantor's Property, not exceeding twenty-five (25) feet from the Easement Area (12.5 feet on either side thereof), as reasonably necessary to allow Grantee, its employees, agents, servants and contractors, free and unrestricted access for construction activities on the Easement Area during the construction of the Roadway on the Easement Area. In addition, Grantor shall grant a second temporary easement for the fence 5 ("Fence Easement") and other improvements (i.e., grading and slope temporary easement). The temporary construction easements mentioned herein (collectively, the "Construction Easements") shall expire on the date when the construction of the Roadway, the fence, or other applicable improvements to the Easement Area has been completed in accordance with all the approvals of the applicable federal, state, or local authorities. 5. Conditions and contents of TemoorarY Construction Easements. Grantee further agrees to: (a) promptly repair any damage caused by any of the activities conducted by Grantee or its agents and contractors, pursuant to said Construction Easements; (b) change the grade on the property Grantee is exchanging with Grantor only to the minimum extent reasonably required for construction of the Roadway to be constructed by Grantee to connect with the finished grades on Grantee's Property; (c) restore, to the extent practicable and as set forth in Paragraph 9 of this Agreement, the Easement Area (with the exception of the improvements located thereon) and the area beyond the Easement Area to as good a condition as existed prior to entry upon Grantor's Property by Grantee or its employees, agents, and contractors; (d) indemnify and hold harmless Grantor from and 6 • Y v _ against any and all claims, demands, causes of actions, expenses (including reasonable attorneys fees), losses, liabilities and damages by reason of Grantee's exercise of its right of entry onto the Grantor's Property; and (e) not to interfere unreasonably Vith the use, occupancy and operations of Grantor and its tenants on Grantor's Property. 6. Maintenance of Connector Roadway. Grantee shall maintain at Grantee's sole cost and expense the Roadway to be constructed by Grantee which serves only the Grantee's Property. In addition, Grantee shall pay to Grantor one-half (h) of Grantor's cost of maintaining (including the removal of snow and normal asphalt maintenance) that portion of the Easement Area known as existing Lindham Court Drive (referred to as "Lindham Court" on Exhibit "A"), which Grantor agrees to maintain in a good and serviceable condition. Grantee shall make such payments within fifteen (15) days of receipt of invoicing and, if requested by Grantor, written evidence of the cost of said maintenance. 7. Duty to Pave Access Roadway. Concurrently with the construction of its project on Grantee's Property (but not sooner), Grantee shall have a duty to construct, in accordance with applicable standards of the Township, and, after construction, to maintain and repair in good operating condition the Roadway. 7 a. Liability. Grantee shall indemnify and hold harmless Grantor from and against any and all claims, demands, causes of action, expenses, losses, liabilities, damages and expenses, including reasonable attorneys fees, suffered by any of the same by reason of an act or omission by Grantee or Grantee"s agents, contractors, invitees, or tenants in, on or adjacent to the Easement Area. If Grantor, in its discretion, ever permits a third party to use any portion of the Easement Area for which Grantee has maintenance costs and liabilities, then Grantor shall require such third parties to pay an equitable share of such costs, and to be responsible for any damages or liability associated therewith. 9. Restoration. Grantee, in connection with the exercise of any rights hereunder, shall restore the Easement Area to the contour (except as otherwise expressly provided herein) and condition (to the extent reasonably practical) which existed prior to the exercise of any said rights, including, but not limited to bringing the Easement Area to final grade, placing top soil and seeding, replanting or replacing shrubbery (but not trees), and replacing sidewalks, driveways, fences, and paving, all unless Grantor shall have given its prior written approval to other conditions or arrangements. After initial construction, any improved surface which existed within the Easement Area. prior to the exercise of any of the rights herein granted shall be restored with equal surfacing of macadam, concrete, or other improved surface, as the case may be. 8 10. Grantor's Use of Easement Area. Grantor shall have full use and enjoyment of the Easement Area, including the Temporary Construction Easement and Fence Easement and any other temporary easements granted to Grantee; provided, however, that (a) Grantor shall not construct or permit to be constructed or maintain any building or structures in, on, over, or under the Easement Area; (b) Grantor shall not use the Easement Area in any manner which interferes with the reasonable use of the Easement Area for the purposes herein granted; and (c) Grantor shall defend, indemnify and hold harmless Grantee from any claims, liabilities, damages and expenses, including reasonable attorneys fees, in the event Grantor breaches this Paragraph 10. 11. Extinguishment of Prior Easement Rights. The parties to this Agreement hereto agree and confirm their intention that this Agreement shall, as to the subject matter expressly set forth herein, supersede and replace any prior oral or written agreements between the parties relating to the subject matter hereof. This document shall serve as a declaration by Grantor and Grantee that the Roadway access easement set forth herein has been established in accordance with the Exchange Agreement. 12. Intention to be Bound. It is the intention of each of the parties hereto to be legally bound by the terms of this Agreement and to bind their successors and assigns. 13. Successors and Assigns. The words "Grantor" and "Grantee" shall include the parties hereto and their respective heirs, successors and assigns, as the case may be. 9 14. Covenants Run with the Land. Except as otherwise expressly provided herein, all easements, covenants, obligations and agreements hereunder shall be perpetual in nature and shall run with the land and the properties benefited or burdened by such easements, covenants, obligations and agreements; provided, however, that no party hereunder or any successor to such party shall be liable for acts or omissions occurring or obligations arising after such party or its respective property. conveys fee simple title to 15. Cure of Default/Interest. If any party hereto fails to perform its obligations hereunder then the other party may, after the defaulting party receives fifteen (15) days written notice specifying the nature of the default and failure to cure, perform such obligation, and the cost of curing the default (including attorneysO fees and court costs), together with interest thereon at the prime rate ofinterest as published in The Wall Street Journal or its successor publication from time to time, plus three percent (34), shall be a lien upon the property of the defaulting party. The party harmed by the default shall have available all remedies provided at law or equity. 16. Survival. The terms and provisions of this Agreement are intended to survive closing. 17. Severability. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. 10 18. Paragraph Headings. The headings proceeding the paragraphs in this Agreement are inserted for the convenience of reference only and shall not be construed in interpreting this Agreement. 19. Amendments. Amendments to this Agreement are valid only if in writing and executed by both parties hereto. 20» -Compliance with Laws. All the construction and other activities provided in this Agreement shall comply with all applicable federal and state laws and Township ordinances, including, without limitation, environmental laws and zoning, subdivision, and land development ordinances. 21. Construction. This Agreement shall be interpreted, governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. Counterparts. This Agreement may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which, when so executed and delivered, shall be an original, but all such counterparts shall, together, constitute one and the same instrument. 11 IN WITNESS WHEREOF, Grantor and Grantee have duly executed this docunent the day and year first written above. ATTEST: By ATTEST: By: ff ey .Goldstein CUMBERLAND POINTE LIMITED PARTNERSHIP, by W.O. BRISBEN COMPANIES, INC., its general partner By: ?? (Vice) President Robert E. Schuler 12 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF wP on this, the Z day of September, 1996, before me, the undersigned officer, personally appeared who acknowledged himself to be the ?Si ?t ?? of KLP ENTERPRISES, INC., a Pennsylvania corporation, and that he as such Pi°,_6Tt(0,6 , being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as seal. In witness whereof, I set my hand and official Notarial Seal Harold S. Irwin III, Notary Pudic 1 Carlisle 8cro, Cumberland CourdV i ?AV Commission F-xpires SeW. 14, 1 §98 N,lembe PeruisyiV&WAesod=)ndNotaries STATE OF CJ h'.o COUNTY OF 1-6 m, I ? o r, My Commission (SEAL) SS. On this, the 28th day of September, 1996, before me, the undersigned officer, personally appeared Robert E. Schuler , who acknowledged himself to be the Vice-President of W.O. BRISBEN COMPANIES, INC., an Ohio corporation, the general partner in CUMBERLAND POINTE LIMITED PARTNERSHIP, an Ohio limited partnership, and that he as such vice-President , being authorized to do so, executed the forego n (instrument for the purpose therein contained by s gning the name of the corporation by himself as Y' ?rPS, seal. In witness whereof, I hereunto set my hand and official Notary Public My Commission Expires: (SEAL) Public, State o` cwiio MY Go:,. J;-,ion Expires Nov. 27, 1996 CADAAIJUM IMMSUPLP.EA6 September 26, 1996 EMIBIT A ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western side of a private street known as Lindham Court, which point is also on the southern dedicated right-of-way line of Wilson Road; thence along.the latter and crossing the street known as Lindham Court, North 58 degrees 46 minutes 23 seconds East, a distance of 34.20 feet to a point on the eastern line of the private street known as Lindham Court; thence by the latter and along lands of KLP Enterprises, Inc., South 25 degrees 00 minutes 00 seconds East, a distance of 426.16 feet to a point; thence along the same, North 64 degrees 44 minutes 32 seconds East, a distance of 8.00 feet to a point; thence continuing along the same, South 25 degrees 15 minutes 28 seconds East, a distance of 173.16 feet to a point; thence continuing along the same by a curve to the right having a radius of 75.00 feet, an arc distance of 106.56 feet to a point; thence still along the same, South 56 degrees 08 minutes 47 seconds West, a distance of 42.11 feet to a point on the line of lands of Cumberland Pointe Limited Partnership; thence still along the latter and crossing the private street known as Lindham Court, North 25 degrees 00 minutes 00 seconds East, a distance of 50.60 feet to a point on the western side of the private street known as Lindham Court; thence by the latter and lands of KLP Enterprises, Inc., North 56 degrees 08 minutes 47 seconds East, a distance of 34.33 feet to a point; thence along the same by a curve to the left having a radius of 25.00 feet, an arc length of 35.52 feet to a point; thence along the same, North 25 degrees 15 minutes 28 seconds West, a distance of 173.16 feet to a point; thence continuing along the same, South 64 degrees 44 minutes 32 seconds East, a distance of 8.00 feet to a point; thence still along the same, North 25 degrees 00 minutes 00 seconds West, a distance of 422.72 feet to a point, the place of BEGINNING. ALSO BEING shown on the plan included as part of this Exhibit A. WMEAS LEGALS 11 i Q s o? z? 00 ?.z 01 ? Z3 ? All t Tra, W 1 ? f vml? als. c. Y W 20 zz a . .. VERIFICATION I, Jamie Plasterer, an authorized representative of Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, have read the foregoing Answer and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. DATE: 277157 KLP Enterprises, Inc., d/b/a Lindham Court Apartments r CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Neil I. Mittin, Esquire Gay, Checker & Mittin, P.C 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs United Water of Pennsylvania 8189 Adams Drive Hummelstown, PA 17036 Additional Defendant Cumberland Pointe Limited Partnership 7800 East Kemper Road Cincinnati, Ohio 45429 Additional Defendant , DUFFIE, STEWART & WEIDNER 1.10. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 277142 I • . • VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the party filing the foregoing Complaint Against Additional Defendants; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. i I Shipman, Esqu for Defendant KLP DATE: q// /0( CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on I/1/0& Neil 1. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs Brooks R. Foland, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Additional Defendant, United Water of Pennsylvania Cumberland Pointe Limited Partnership 1254 Rocky Road Mechanicsburg, PA 17055 Additional Defendant JOHNSON, DUFFIE, STEWART & WEIDNER w B (: 11 IV41?111- Je erson J. Shipman Esquire I. D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 279228 hl a ?- C c.. ? C? f L': ',r-f ('?J Y C" d T i??T 1 i.7 ? t`J }- ^`C) 1"i1 ,7 :.? SHERIFF'S RETURN - REGULAR CASE NO: 2006-02334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOBBS JOSEPH ET AL VS KLP ENTERPRISES INC DBA LINDHA JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KLP ENTERPRISES INC D/B/A LINDHAM COURT APARTMENTS the DEFENDANT , at 1107:00 HOURS, on the 27th day of April , 2006 at 1101 LINDHAM COURT SUITE 704 MECHANICSBURG, PA 17055 by handing to JAMIE PLASTERER, CLERK, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 38.56 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 04/28/2006 GAY CHACKER & MITTIN By: )Wy?"VA U D uty Sheriff Prothonotary l Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant JOSEPH HOBBS AND ANTOINETTE IN THE COURT OF COMMON PLEAS OF HOBBS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO: 06-2334 CIVIL TERM KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, CIVIL ACTION -LAW Defendant V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: PLEASE substitute the attached Verification to Defendant's Joinder Complaint filed on September 5, 2006 in the above-captioned matter. DATE: '?/,ZG/00 JOHNSON, DUFFIE, STEWART & WEIDNER Jefferson J. Shiolman, Esquire D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 1 VERIFICATION I, Jamie Plasterer, an authorized representative of Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments, have read the foregoing Joinder Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of ;8 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. KLP Enterprises, Inc., d/b/a Lindham Court Apartments By ? mie Plasterer DATE: 277157 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on z4 o Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs Brooks R. Foland, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Additional Defendant, United Water of Pennsylvania Cumberland Pointe Limited Partnership 1254 Rocky Road Mechanicsburg, PA 17055 Additional Defendant JOHNSON, DUFFIE, STEWART & WEIDNER B qitJJeerr on J. S ip n, Esquire : 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 279228 Jtl ?_. ? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH HOBBS AND ANTOINETTE CIVIL DIVISION HOBBS, H/W, DOCKET NO: 06-2334 Plaintiff, V. KLP ENTERPRISES, INC., D/BA/ LINDHAM COURT APARTMENTS Defendant. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP JURY TRIAL DEMANDED Additional Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Additional Defendant, Cumberland Pointe Limited Partnership in the above-captioned action. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 25, 2006 n_'71't arles E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for Additional Defendant, Cumberland Pointe Limited Partnership ,.. CERTIFICATE OF SERVICE AND NOW, this 25`h day of September, 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Plaintiff's Counsel Brooks R. Foland Thomas, Thomas, & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Additional Defendant, United Water of Pennsylvania Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Original Defendant, JUP Enterprises, Inc. d/ba/Lindham Court Apartments 0-" - atlfa'r-les E. Haddick, Jr., Esquire c? ? ? r' rn 'Tl - ? _ _ ?:; -f'! `_., ` .:_:. t? ? ??? ? N ; x?- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOBBS JOSEPH ET AL VS KLP ENTERPRISES INC DBA LINDHA R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: UNITED WATER OF PENNSYLVANIA but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On August 2nd , 2006 , this office was in receipt of t attached return from DAUPHIN Sheriff's Costs: So answg-rs r - ""? Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 37.25 Sheriff of Cumberland County Postage .78 75.03 ? °t v? 08/02/2006 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. r In The Court of Common P16as o Cumberland. County, Pennsylvania Joseph Hobbs et al VS KLP Enterprises Inc etc vs. United Water of Pennsylvania No 06-2334 civil No. Now, July 10 , 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 20 , at o'clock M. served the copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before nee this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA mifice of t4E ?S4-erfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania . HOBBS JOSEPH vs County of Dauphin UNITED WATER OF PENNSYLVANIA Sheriff's Return No. 1194-T - - -2006 OTHER COUNTY NO. 06-2334 AND NOW:July 18, 2006 at 1:35PM served the within WRIT TO JOIN ADDITIONAL DEFENDANT upon UNITED WATER OF PENNSYLVANIA by personally handing to SANDRA CHANDLER CUSTOMER SERVICE ASSOC 1 true attested copy(ies) of the original WRIT TO JOIN ADDITIONAL DEFENDANT and making known to him/her the contents thereof at 8189 ADAMS DR HUMMELSTOWN, PA 17036-0000 Sworn and subscribed to before me this 18TH day of JULY, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, ? k e;l*? Sheriff of Dauphin County, Pa. Wa''lj By Deputy Sheriff Sheriff's Costs:$37.25 PD 07/13/2006 RCPT NO 219516 WONG SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2006-02334 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOBBS JOSEPH ET AL VS. KLP ENTERPRISES INC DBA LINDHA R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named ADD'L DEFENDANT,CUMBERLAND POINTE LIMITED , PARTNERSHIP by United States Certified Mail postage prepaid, on the 10th day of July ,2006 at 0000:00 HOURS, at 7800 EAST KEMPER ROAD CINCINNATI, OH 45429 , a true and attested copy of the attached WRIT TO ADD'L DEFEN with . Together . The returned receipt card was signed by RETURNED TO OFFICE on 00/00/0000 . Additional Comments: Sheriff's Costs: So answera-r Docketing 6.00 Service 4.64 R. Thomas Kline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 .00 20.64i/ Paid by JOHNSON DUFFIE STEWART WEIDNER on 08/02/2006 Sworn and Subscribed to before me this day of A.D. .-Avt AT tti 49. O J .? h+ f. is ru i ? rq (U p rA Q r- co Z? o J '% m r cc ff [o cA m t in N V E' O C L 0, cti !L o 00 10 to 0 oa 'N T- [ 0 4 If1 E {?g L z we 01 F- c zt L L O (A La V- T - co 0- F -6 1S t 'T3 O 6: N J C` L d tc, p & -v Y co (1) (6 W W O a U t- 00 U SHERIFF'S RETURN - REGULAR CASE NO: 2006-02334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOBBS JOSEPH ET AL VS KLP ENTERPRISES INC DBA LINDHA TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT was served upon CUMBERLAND POINTE LIMITED PARTNERSHIP the ADD'L DEFENDANT, at 0011:15 HOURS, on the 8th day of September, 2006 at 1254 ROCKY ROAD MECHANICSBURG, PA 17055 m.-.r ?- nr?r?r nr'? /r nl?T TIIT TTT /'?TTI? by handing to a true and attested copy of WRIT TO JOIN ADDL DEFENDANTS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.80 Affidavit 00 Surcharge 10.00 So Answers, R. Thomas Kline 36.80,-- 09/11/2006 JOHNSON, DUFFIE, STEWART Sworn and Subscibed to By before me this day D uty Sheri of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH HOBBS AND ANTOINETTE HOBBS, H/W, Plaintiff, V. KLP ENTERPRISES, INC., DBA/ LINDHAM COURT APARTMENTS Defendant. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP Additional Defendants CIVIL DIVISION DOCKET NO: 06-2334 JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER AND NEW MATTER PURSUANT TO PA.R.C.P. 2252(D) WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: October 31, 2006 t-i les E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Telex (717) 731-4800 Counsel for Additional Defendants, Cumberland Pointe, L.P. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH HOBBS AND ANTOINETTE I CIVIL DIVISION HOBBS, H/W, Plaintiff, DOCKET NO: 06-2334 V. KLP ENTERPRISES, INC., DBA/ LINDHAM COURT APARTMENTS Defendant. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP Additional Defendants JURY TRIAL DEMANDED ENTERPRISES, INC. DB/A LINDHAM COURT APARTMENTS AND NOW, come Additional Defendant, Cumberland Pointe, L.P. by and through their attorneys, Dickie, McCamey & Chilcote, P.C. and respond to the Joinder Complaint of Defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments as follows: 1. Admitted. 2. Admitted 3. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof thereof at time of trial. 4. Admitted 5. Admitted. 6. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 7. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 8. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 9.(a)-(h) Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). 10. Denied. The averments contained in. this paragraph refer to a defendant other than the Answering Additional Defendant. Accordingly, no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. 11. Denied. The averments contained in this paragraph refer to a defendant other than the Answering Additional Defendant. Accordingly, no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. 12. Denied. The averments contained in this paragraph refer to a defendant other than the Answering Additional Defendant. Accordingly, no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material 13. (a)-(h) Denied. The averments contained in this paragraph refer to a defendant other than the Answering Additional Defendant. Accordingly, no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material 14. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent a response is required the averments contained in this paragraph are denied in accordance with Pa. R.C.P. 1029(e). NEW MATTER 15. Answering Additional Defendants hereby incorporates by reference paragraphs 1 through 14 above as if fully set forth herein. 16. All averments not specifically admitted above are specifically and unequivocally denied with strict proof demanded at the time of trial. 17. At all times material hereto, Answering Additional Defendants acted reasonably, properly, and prudently. 18. Plaintiffs' and/or Defendant's claims are barred and/or limited by the doctrines of comparative and/or contributory negligence. 19. Plaintiffs' and/or Defendant's claims are barred and/or limited by the doctrine of assumption of the risk. 20. Plaintiffs' and/or Defendant's injuries, which are specifically denied with strict proof demanded, were the result of acts or omissions of persons over whom Answering Additional Defendants had neither control nor right to control. 21. Plaintiffs' and/or Defendant's injuries, which are specifically denied with strict proof demanded, were caused in whole or in part by persons other than Answering Additional Defendant, over whom Answering Additional Defendant had no control or right of control. Such conduct precludes and/or limits any liability on the part of Answering Additional Defendant, which is specifically and unequivocally denied. 22. Plaintiffs' and/or Defendant's claims are barred and/or limited by the applicable statutes of limitations. 23. Plaintiffs' and/or Defendant's Complaint fails to state a cause of action upon which relief can be granted against Answering Defendants. 24. No conduct on the part of Answering Additional Defendant was the proximate cause of Plaintiffs' and/or Defendants' injuries and/or loss, if any. 25. Plaintiff has failed to state a claim upon which relief may be granted. 26. Plaintiff's claim is barred and/or limited by the applicable statute of limitations. 27. It is believed, and therefore averred, that discovery will show that the Plaintiff was negligent and that his negligence exceeds the negligence, if any, of Answering Additional Defendant, thereby barring his recovery of operations of the Pennsylvania Comparative Negligence Act. 28. It is believed, and therefore averred, that discovery will show that the Plaintiff was negligent and that virtue of his negligence, his claims have may be limited the operation of the Pennsylvania Comparative Negligence Act. 29. It is believed, and therefore averred, that discovery will show that Plaintiff voluntarily assumed a known risk and by virtue of this assumption of a known risk, he is barred from any recovery by Doctrine of Assumption of the Risk. 30. Plaintiff s injuries, if any, were sustained as a result of natural or unknown causes and not as the result of any action or inaction on behalf of the Answering Additional Defendant. 31. No conduct on the part of the Answering Additional Defendant, its agents, servants, or employees was a substantial factor in causing or contributing to any harm which the Plaintiff may have suffered. 32. If Plaintiff suffered any damages, the damages were caused by the conduct of others over whom the Answering Additional Defendant had no control or right to control. 33. The condition complained of by Plaintiff, if it existed, was known and obvious to the Plaintiff. 34. Answering Additional Defendant, its agents, servants and/or employees took all precautions necessary to protect its premises from any and all dangers on the property, they existence of said dangers being specifically and unequivocally denied. 35. The harm sustained by Plaintiff, if any, was not foreseeable by Answering Additional Defendant. 36. Answering Additional Defendant was not on notice of any dangerous condition on its premises, the existence of which is specifically and unequivocally denied. 37. Answering Additional Defendant exercised all reasonable care necessary to discover the existence of any and all dangerous conditions on its premises, said conditions being specifically and unequivocally denied. WHEREFORE, Answering Defendant, Cumberland Pointe, L.P., respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. NEW MATTER PURSUANT TO PA.R.C.P. 2252(D) 38. Answering Defendant hereby incorporate by reference paragraphs 1 through 37 above as if fully set forth herein. 38. Answering Defendant, without vouching for its accuracy, hereby incorporates by reference as if fully set forth herein the Plaintiffs' Complaint as it pertains to Original Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments. 39. In the alternative, Original Defendant, KLP Enterprises, Inc., d/b/a Lindham Court Apartments is jointly and/or severally liable to the Plaintiffs and/or liable over to the Answering Defendant for contribution and/or indemnity. WHEREFORE, Answering Defendant, Cumberland Pointe, L.P., respectfully requests that this Honorable Court enter judgment in favor of Answering Defendant, together with all allowable costs and attorneys fees. NEW MATTER'PUR5UANT TO PA.R.C.P. 2252(D) 40. Answering Additional Defendant hereby incorporates by reference paragraphs 1 through 39 above as if fully set forth herein. 41. Answering Additional Defendant, without vouching for its accuracy, hereby incorporate by reference as if fully set forth herein the Defendant's Joinder Complaint as it pertains to Additional Defendant, United Water of Pennsylvania, is the sole liability of Additional Defendant, United Water of Pennsylvania. 42. In the alternative, Additional Defendant, United Water of Pennsylvania is jointly and/or severally liable to the Plaintiffs and/or liable over to the Answering Defendant for contribution and/or indemnity. WHEREFORE, Answering Additional Defendant respectfully request that this Honorable Court enter judgment in favor of Answering Additional Defendant, together with all allowable costs and attorneys fees. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: October 31, 2006 C as E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Grant W. Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for Additional Defendants, Cumberland Pointe, L.P. OCT-$0-2006 11:19 AM CUMBERLAND POINTE VERIFICATION 7177959916 I, ?1C?oYi A Grtk2eS- 1310.i le-( . attd authorized represcmative of Cumberland Pointe, Limited Partnership, have read the foregoing Answer with New Matter and New Matter pursuant to Pa.R.C.P. 2252(d) to Defendant's Joinder Complaint. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if 1 make knowingly false statements, I may be subject to criminal penalties. P. 02 &i- LU-1 f A Liz By: ' f- -nm DATF,D 10-8 8' L, CERTIFICATE OF SERVICE AND NOW, this 31St day of October 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Plaintiff's Counsel Brooks R. Foland Thomas, Thomas, & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Additional Defendant, United Water of Pennsylvania Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Original Defendant, KLP Enterprises, Inc. d/ba/Lindham Court Apartments Charles E. Haddick, Jr., Esquire ? C ? ? ? -s-1 C?J ? -t?t ?`"8 t"? 1 ?;v =- ? t ? {'?`) ?? .'? «_ ^'? ?...a W. Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant JOSEPH HOBBS AND ANTOINETTE IN THE COURT OF COMMON PLEAS OF HOBBS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, Defendant : NO: 06-2334 CIVIL TERM : CIVIL ACTION - LAW V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants JURY TRIAL DEMANDED ANSWER TO NEW MATTER PURSUANT TO PA. R.C.P. 2252M AND NOW, comes the Defendant, KLP Enterprises, Inc. d/b/a Lindham Court Apartments (hereafter "KLP"), by and through its counsel, Johnson, Duffie, Stewart & Weidner and files the following Answer to New Matter Pursuant to Pa. R.C.P. 2252(d) of Additional Defendant Cumberland Pointe, LP: 38. KLP incorporates herein by reference its Answer and New Matter to the Complaint, and Joinder Complaint, as though fully set forth herein at length. 38 (sic). KLP incorporates herein by reference its Answer and New Matter as though fully set forth herein at length. L 39. Denied. The averments contained in Paragraph 39 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant KLP respectfully requests that judgment be entered in his favor and that any all claims being asserted against it be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 4#e rson J. Shipman, Es uire : 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE: Attorneys for Defendant KLP VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the party filing the foregoing Complaint Against Additional Defendants; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 4ouJerso&n J. Shipman, Esquir sel for Defendant KLP DATE: 6' CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs Brooks R. Foland, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Additional Defendant, United Water of Pennsylvania Charles E. Haddick, Jr., Esquire Dickie McCamey 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorneys for Additional Defendant, Cumberland Pointe JOHNSON, DUFFIE, STEWART & WEIDNER qDe er son J. Shipman, Esquire .. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant KLP 286059 ?? f: ?Y'o '-Y7 k ?? r -- . - 1 rl ..7 ." tsf '; 4 .---) - ? _ ? -. _? "_ _. `"' ;tJ --f-Y1 . ?? r? '? THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street 6`h Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 JOSEPH HOBBS and ANTOINETTE HOBBS, Plaintiffs VS. KLP ENTERPRISES, INC. d/b/a LINDHAM COURT APARTMENTS, Defendants VS. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants Attorneys for United Water Pennsylvania Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2334 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED UNITED WATER PENNSYLVANIA INC.'S REPLY TO NEW MATTER CROSSCLAIM OF CUMBERLAND POINTE LIMITED PARTNERSHIP AND NOW, comes Additional Defendant United Water Pennsylvania Inc., by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files the following Reply to New Matter Crossclaim: 40. Answering Additional Defendant incorporates by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 41. Denied. The allegations contained in paragraph 41 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). V 42. Denied. The allegations contained in paragraph 42 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Additional Defendant United Water Pennsylvania Inc. respectfully requests that judgment be entered in its favor and against Additional Defendant Cumberland Pointe Limited Partnership on the latter's new matter crossclaim. Respectfully submitted, THOMAS, TMn_ ., e " HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Additional Defendant United Water Pennsylvania Inc. 461402.1 VERIFICATION The undersigned, having read the attached document, hereby verifies that the attached pleading is based on information which has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel. Furthermore, the matters contained in this pleading are of a procedural nature only among counsel and the court. The undersigned verifies that he has read the attached pleading and that it is true and correct to the best of his information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Brooks R. Foland CERTIFICATE OF SERVICE nA AND NOW, this? day of , 200 I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Neil I. Mittin, Esq. Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Jefferson J. Shipman, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street POB 109 Lemoyne, PA 17043-0109 Charles E. Haddick, Jr., Esq. Grant W. Schonour, Esq. Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, Pa 17011 r( 4" (-?? Coleen M. Polek Qr? OC 10- THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street 6m Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 JOSEPH HOBBS and ANTOINETTE HOBBS, Plaintiffs VS. KLP ENTERPRISES, INC. d/b/a LINDHAM COURT APARTMENTS, Defendants VS. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants Attorneys for United Water Pennsylvania Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2334 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. UNITED WATER PENNSYLVANIA INC.'S ANSWER WITH NEW MATTER TO JOINDER COMPLAINT AND NOW, comes Additional Defendant United Water Pennsylvania Inc., by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter: Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 1 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 2 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 3. Denied as stated. It is admitted only that Answering Defendant is a Pennsylvania public utility corporation with its principal place of business at 4211 East Park Circle, Harrisburg, PA 17111. Any and all other allegations contained in paragraph 3 are specifically denied and strict proof thereof is demanded at time of trial. 4. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 4 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 5. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 5 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 6. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 6 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 7. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 7 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 8. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 8 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2 9. (a-h) Denied. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraphs 9 (a-h) of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 10. Denied. It is specifically denied that Answering Defendant had at any time created, caused, maintained or possessed a depression and/or hole around any pipeline as alleged in Defendant's Joinder Complaint. Any and all other allegations contained in paragraph 10 are specifically denied and strict proof thereof is demanded at time of trial. 11. Denied. It is specifically denied that Answering Defendant had any duty to inspect, maintain or repair the depression and/or hole or that Answering Defendant had any part in causing or creating any depression and/or hole where Plaintiff allegedly fell. Any and all other allegations contained in paragraph 11 are specifically denied and strict proof thereof is demanded at time of trial. 12. Denied. The allegations contained in paragraph 12 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 13. (a-h) Denied. The allegations contained in paragraphs 13 (a-h) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 14. Denied. The allegations contained in paragraph 14 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 3 WHEREFORE, Additional Defendant United Water Pennsylvania Inc. respectfully requests that judgment be entered in its favor and against joining Defendant KLP Enterprises d/b/a Lindham Court Apartments with respect to all claims set forth in the Joinder Complaint. NEW MATTER 15. Plaintiffs have failed to state a cause of action for which relief may be granted. 16. Plaintiffs' Complaint is barred by the applicable statute of limitations. 17. Answering Defendant did not own, maintain or control the real property where Plaintiff allegedly fell. 18. Answering Defendant owed no duty of care to Plaintiff. 19. Answering Defendant was in no way negligent. 20. Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 21. Plaintiffs comparative negligence, includes without limitation: failure to watch where he was walking, stepping or running; walking, stepping or running in an inattentive manner; walking, stepping or running in a hurried or otherwise inappropriate manner; and failing to wear suitable footwear. 22. Answering Defendant had no notice of the allegedly dangerous condition on the premises of another, the existence of which is specifically denied. 23. The Plaintiffs' alleged injuries and/or damages, if any, may have been caused in whole or in part by the negligence of the third parties or entities not presently 4 involved in this action and over whom Answering Defendant had no responsibility or right to control. 24. Plaintiffs failed to mitigate their injuries and/or damages. NEW MATTER CROSSCLAIM PURSUANT TO 2252 AGAINST KLP ENTERPRISES, INC. dlb/a LINDHAM COURT APARTMENTS AND AGAINST CUMBERLAND POINTE LIMITED PARTNERSHIP 25. Answering Defendant incorporates by reference the answers to Defendant's Joinder Complaint as though the same were fully set forth herein at length. 26. If Plaintiffs suffered injuries and/or damages as alleged in their Complaint, said damages and/or injuries being specifically denied, Plaintiffs' injuries and/or damages were caused solely by the negligence and/or carelessness of Defendant KLP Enterprises, Inc. d/b/a Lindham Court Apartments and/or Additional Defendant Cumberland Pointe Limited Partnership, which are solely liable, or jointly and/or severally liable and liable over to Answering Defendant. If Answering Defendant is liable to Plaintiffs for all or part of such injuries and/or damages as Plaintiffs may have suffered, Defendant KLP Enterprises, Inc. d/b/a Lindham Court Apartments and/or Additional Defendant Cumberland Pointe Limited Partnership are liable to Answering Defendant by way of contribution and/or indemnification, contractually or otherwise. 5 WHEREFORE, Additional Defendant United Water Pennsylvania Inc. respectfully requests that judgment be entered in its favor and against Defendant KLP Enterprises, Inc. d/b/a Lindham Court Apartments and/or Additional Defendant Cumberland Pointe Limited Partnership for all sums paid by Answering Defendant to Plaintiffs as a result of the verdict or settlement and attorneys' fees, costs, and interest as the Court deems appropriate. Respectfully submitted, THOMA' -,-TH0 MA5 HAFER, LLP by: V- '1= 5 ? Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Additional Defendant United Water Pennsylvania Inc. 462464.1 6 VERIFICATION I, Dennis Rudisill, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. for United Water Pennsylvania Inc. CERTIFICATE OF SERVICE nOt AND NOW, this 1 day of -, 2006, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Neil I. Mittin, Esq. Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Jefferson J. Shipman, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street POB 109 Lemoyne, PA 17043-0109 Charles E. Haddick, Jr., Esq. Grant W. Schonour, Esq. Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, Pa 17011 Coleen M. Polek -r? 3l rr rn, .C 1'7Q1 65 A GAY, CHACKER & MITTIN, P.C. BY: NEIL I. MITTIN, ESQUIRE Identification No. 17158 1731 Spring Garden Street Attorney for Plaintiffs Philadelphia, PA 19130 (215) 567-7955 ---------------------------------------------------------------- JOSEPH HOBBS AND CUMBERLAND COUNTY ANTOINETTE HOBBS, H/W Court of Common Pleas Civil Trial Division V. Db`a33?{ KLP ENTERPRISES, INC. NO.: -e6-2Q-3-4- D/B/A LINDHAM COURT APARTMENTS V. UNITED WATER OF PENNSYLVANIA And CUMBERLAND POINTE LIMITED PARTNERSHIP PLAINTIFFS REPLY TO ADDITIONAL DEFENDANT UNITED WATER OF PENNSYLVANIA'S NEW MATTER 15. - 24. Denied. As conclusions of law under Pennsylvania rules of civil procedures which requires no responsive pleadings. Strict proof demanded at trial. Respectfu y Submitted, GAY R & MITTIN, P.C. NEILI/I. MITTIN, ESQUIRE V E R I F I C A T I O N NEIL I. MITTIN, ESQUIRE, states that he is the attorney for the plaintiff (s) , in this action, and the facts set forth in the foregoing pleadings are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. n NEIL I. MITTIN, 9SQUIRE C'1 cr--,$-a ter. co 0 r rn? -n -r IC f'fl } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH HOBBS AND ANTOINETTE HOBBS, H/W, Plaintiff, V. PARTNERSHIP CIVIL DIVISION DOCKET NO: 06-2334 KLP ENTERPRISES, INC., DBA/ LINDHAM COURT APARTMENTS Defendant UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED JURY TRIAL DEMANDED Additional Defendants ANSWER OF ADDITIONAL DEFENDANTS, CUMBERLAND POINTE,L.P. TO THE NEW MATTER CROSSCLAIM PURSUANT TO 2252 OF ADDITIONAL DEFENDANT, UNITED WATER PENNSYLVANIA, INC.'S, AND NOW, come Additional Defendant, Cumberland Pointe, L.P. by and through their attorneys, Dickie, McCamey & Chilcote, P.C. and respond to the New Matter Crossclaim Pursuant to 2252 of Additional Defendant, United Water Pennsylvania, Inc. as follows: 25. Answering Defendants incorporate by reference as if fully set forth herein their Answer with New Matter to Defendant's Joinder Complaint, along with its 2252(d) New Matter as if fully set forth herein. 26. Denied. The averments contained in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). By way of further response, the averments contained in this paragraph are conclusions of law to which no response is required. In the alternative, it is specifically and unequivocally denied that Answering Additional Defendant, Cumberland Pointe Limited G Partnership, is liable to any party in this litigation, either solely, jointly, and/or jointly or severally. By way of further response;, Answering Additional Defendant acted reasonably, Y?. t properly and prudently at all times material hereto. Answering Additional Defendant hereby incorporates their New Matter as 'if fully set forth herein. WHEREFORE, Answering Additional Defendant respectfully requests that this Honorable Court enter judgment in favor of Answering Additional Defendant, together with all allowable costs and attorneys fees. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: November 29, 2006 ' Charles E. Haddick, Jr., Esquire Attorney, I.D. No: 55666 Grant W Schonour, Esquire Attorney I.D. No: 93282 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Tele: (717) 731-4800 Counsel for Additional Defendants, Cumberland Pointe, L.P. i U CERTIFICATE OF SERVICE AND NOW, this 29th day of November, 2006, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By First-Class Mail: Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Plaintiff's Counsel Brooks R. Foland Thomas, Thomas, & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Additional Defendant, United Water of Pennsylvania Jefferson J: Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Original Defendant, KLP Enterprises, Inc. d/ba/Lindham Court Apartments Ch s E. Haddick, Jr., Esquire 1 c-> ? o Rte;.; fig t ?° c' cv J? I Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 for Defendant JOSEPH HOBBS AND ANTOINETTE IN THE COURT OF COMMON PLEAS OF HOBBS, H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO: 06-2334 CIVIL TERM KLP ENTERPRISES, INC., D/B/A LINDHAM COURT APARTMENTS, CIVIL ACTION - Defendant V. UNITED WATER OF PENNSYLVANIA and CUMBERLAND POINTE LIMITED PARTNERSHIP, Additional Defendants C TO T JURY TRIAL D AND NOW, comes the Defendant, KLP Enterprises, LAW DED d/b/a Lindham Court Apartments (hereafter "KLP"), by and through its counsel, ohnson, Duffie, Stewart & Weidner and files the following Answer to Cross-Claim of A ditional Defendant, United Water of Pennsylvania, Inc.: 25. KLP incorporates herein by reference its Complaint, as though fully set forth herein at length. , New Matter and Joinder S 26. Denied. The averments contained in Paragraph 26 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant KLP Enterprises, Inc. /b/a Lindham Court Apartments, respectfully requests that judgment be entered i its favor and that any all. claims being asserted against it be dismissed with prejudice. Respectfully subm tted, JOHNSON, DUFF E, STEWART & WEIDNER DATE: /Z Afi(lr Jefferson J. hipman(Esquire I. #: 51785 301 Market treet P.O. Box 10 Lemoyne, P 17043-0109 Attorneys for Defendant KLP VERIFICATION TO PA. R.C.P. I Jefferson J. Shipman, Esquire, states that he is the foregoing Complaint Against Additional Defendants; that he mal because the party he represents lacks sufficient knowledge or i a verification and/or because he has greater personal knowled than that of the party for whom he makes this affidavit; and tha information and belief, based upon his investigation of the m foregoing document; and that this statement is made subject §4904, relating to unsworn falsification to authorities. for the party filing the this affidavit as an attorney, rmation upon which to make of the information and belief he has sufficient knowledge or tters averred or denied in the to the penalties of 18 Pa. C.S. i J. Shipm n, EsgW for Defendant KLP DATE: 287916 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the prepaid, in Lemoyne, Pennsylvania, on Neil I. Mittin, Esquire Gay, Chacker & Mittin, P.C. 1731 Spring Garden Street Philadelphia, PA 19130 Attorneys for Plaintiffs Brooks R. Foland, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Additional Defendant, United Water of Penn Charles E. Haddick, Jr., Esquire Dickie McCamey 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorneys for Additional Defendant, Cumberland Pointe States Mail, postage JOHNSON, DUFI?IE, STEWART & WEIDNER hipmap(, Esquire IF #: 5178 301 Market Street P.O. Box 109 Lemoyne, A 17043-0109 Attorneys f r Defendant KLP 286059 {_ N (? ' ?; i7 r"7 f'="7 ---1 ?- , ?! r I? ' r--= _ G! 1 .i ?- j( s "?J .?, J C`> --?; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HOBBS & HOBBS, H/W Vs. KLP ENTERPRISES, ET AL NO. 062334 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 CHARLES E HADDICK JR, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 11/30/06 CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 File #: M336266 By: Theresa Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HOBBS & HOBBS, H/W Vs. KLP ENTERPRISES, ET AL I No. 062334 TO: NEIL MITTIN, ESQ (PLAINTIFF) BROOKS FOLAND JEFFERSON SHIPMAN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is `-Wop- made the subpoena may be served. Date: 11/07/06 CHARLES E HADDICK JR, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longaore Enc(s): Copy of subpoena(s) Counsel return card File #: M336266 rylAW NwFAr,TH OF g?r>rrsnvA A COUNTY OF CLDQ3EFd AW HOBBS & HOBBS, H/W VS. KLP ENTERPRISES, ET AL File No. 062334 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: BLAKE CHIRO REHAB CLINIC (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- --- at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) 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 thi= request at the address listed above. You have the right to seek in advance the rea.onable 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 thi, subpoena may seek a court order carpe l l i ng you to cane l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHARLES HADDICK, ESQ ADDRESS :_ 2 n 9 G T j4p ;ILL . Byp A p, eS_ CAMP HILL PA 17011 TELEPHONE : (215) 335-3212 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : ? 0 • /3,.20y-,0 Seal of the Court BY THE COURT: Pro tary/C Ci '1 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HOBBS & HOBBS, H/W Vs. No. 062334 KLP ENTERPRISES, ET AL CUSTODIAN OF RECORDS FOR : BLAKE CIMO REHAB CLINIC ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING JOSEPH HOBBS FROM BEFORE 4/27/04 TO THE PRESENT. TO INCLUDE BUT NOT LIMIT4ED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: JOSEPH HOBBS ADDRESS: DATE OF BIRTH: 11/24/69 SSAN: XXXXX4261 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge: information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or BLAKE CHIRO REHAB CLINIC CUMBERLAND M336266-01 * * * SIGN AND RETURN THIS PAGE * * * 0 CO1&ArVQWEALTg OF PII?IIJSYLVANIA . couN 'Y OF UMBERIAM HOBBS & HOBBS, H/W VS File No. . KLP ENTERPRISES, ET AL 062334 SUBPOENA TO PRODUCE DOCUMENTS OR TH I N13S FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: TRISTAN ASSOCS (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: _ at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea,onablc- 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 thi, subpoena may seek a court orde:- a mpe l l i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAPE: CHARLES HADDICK, ESQ ADDRESS:_ 12nn ('STMT] VTT.T, z2yDACC CAMP HILL PA 17011. TELEPHONE : (2 15) 3 3 5 -32 12 SUPREPE COURT ID ATTORNEY FOR: DEFENDANT DATE : 40t) a G10G Seal of the Court BY TFE 7//-71 T: Ilk 5V P othonotar , Civil Division Deputy (Eff. 1/97) -- ADDENDUM TO SUBPOENA HOBBS & HOBBS, H/W Vs. No. 062334 KLP ENTERPRISES, ET AL CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCS ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING JOSEPH HOBBS FROM BEFORE 4/27/04 TO THE PRESENT. TO INCLUDE BUT NOT LIMIT4ED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: JOSEPH HOBBS ADDRESS: DATE OF BIRTH: 11/24/69 SSAN: XXXXX4261 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or TRISTAN ASSOCS CUMBERLAND M336266-02 * * * SIGN AND RETURN THIS PAGE * * * COf4vaWFAI,TH OF PIIaISYLVANIA • COUNTY OF CUMBEFMAND HOBBS & HOBBS, H/w File o. 062334 vs. KLP ENTERPRISES, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSP (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: at MEDICAL LEGAL REPRODUCTIONS INC_4940 DISSTON ST PHILA PA 19135 (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccapliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonab]E 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 thi3 subpoena may seek a court orde:- cxxtpe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHARLES HADDICK, ESQ ADDRESS: 2nn QAMD uTT.T. RVD21CC CAMP HILL PA 17011. TELEPHONE : (215) 335-3212 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : . /-3 .2406 Seal of the Court BY THE OOt Pr honotary erk, ivil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HOBBS & HOBBS, H/w Vs. No. 062334 KLP ENTERPRISES, ET AL CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING JOSEPH HOBBS FROM BEFORE 4/27/04 TO THE PRESENT. TO INCLUDE BUT NOT LIMIT4ED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: JOSEPH HOBBS ADDRESS: DATE OF BIRTH: 11/24/69 SSAN: XXXXX4261 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN t ] RECORDS AREA7TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. t ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP CUMBERLAND M336266-03 * * * SIGN AND RETURN THIS PAGE n - Ti JOSEPH HDBBS and AN OINErrE : HOBBS, his wife. Plaintiffs V. KLP FTTrapnSEs, INC. ,d/b/a LINDU M COURT APARTNIIIRM , Defendant V. UN= WAM OF PENWYLVANIA and CUMBERLAND POINT LM= PARrNERHIP, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 -1 20_fi RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, , counsel for the defendant in the above action (?im), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ Less than $35,000 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Charles E. Haddick,: Jr., Esquire, Attorney for Cumberland Pointe WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF fully submitted, AND NOW, 200___, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY ?'Us JOSEPH HOBBS and ANTOINEITE HOBBS, his wife, Plaintiffs V. KLP EKERPRTSES, INC.,dfbra LEMHAM COURT APAKRMM , Defebdant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 9'rm , 20_DG_ V. UNrM WATER OF PEMSYLVANIA and ' CUMBERLAND POINTELIM= PARTNEPMP, Additional Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, , counsel for the defendant in the above action (qMoiim), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ Less than $35,000 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Charles E. Haddick,. Jr., Esquire, Attorney for Cumberland Pointe WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. fully submitted, / ORDER OF AA 1-4 AND NOW, 200 , inconsideration ofhe foregoin_g petiti on, ` Esq., and ?.??? "??r Esq., and " 06 &U?j? Esq., are appointed arbitrators in the above captioned aeon (or actions) as prayed for. Y° 7 By tree tCourt;, i EDGAR B. BAYLEY p ? a o? led ? ? ?.n ??- f- ? µ ''?o? ?}pdd``'k ' Co ?ola,d Chaos aO t . bO Ott t? ? j i p h ?bbs C?n? ??nc-rec. Plaintiff gh? In. The Court of Common Pleas of Cumberland j< L-P . efendant U n Uu a? p' U'%A-Vle Cb o L? m t+,A Oath with fidelity. County, Pennsylvania No.?- Z3 3 Civil Action - Law. We do solemnly swear (or affirm) that we will support, States and the Constitution of this Commonwealth an& 5 e GL Name ( irnm) ?t Law Firm A4 ?F5 r, o 6.. o Address and defend the Constitution of the United e will discharge the duties of our office r? f 3jg33Uiure - , ignature c r J„7 e5 W, K. a 11w N T1. Larow l l?d? w Firm Address Name K\,ol??s ` Law Firm l?oy ,?=e,n wg ??? ?- Address CA ? Pu- a i( 1 0 Ar /l /'/// .4 ?? ?013 ? i -?o r City, zip city, zip City, zip 189CO 4 1ABlq -* i 531 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: ^ (Note: If damafps for delay are awarded, they shall be separatel)staqd.), . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: IN--? Date of Award: { f?f? F!., I Notice of Entry of 4m,ard (Chairman) "No , Now, the day of Ma , 20 , at a .a? P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compersadon to be paid upon appeal: $ 350.00 By: rothonotary Deputy r-? y CIO Cam' ? ?o ti?? ??, Von. wit &0 os ? &af cp J. 6,00 e,bbS an, 41-j6nt b In The Court of Common Pleas of Cumberland Plaintiff :2> 4 eft r ?? -Ttj d b J? County, Pennsylvania No.?- 2-3& d V, efendant Civil Action - Law. Un OP4 V?uI"_a4-L.0 O? =rIsti w.nkc? a ? o , 4-C., t„ 1 M %+L4 i/7 Oath We do solemnly swear (or affirm) that we will support, States and the Constitution of this Commonwealth ancy _L1Q r Law Firm Aq ?Ps `Tr, ro lQ,'eo Address CAm2 . City, zip -* 18900 and defend the Constitution of the United e will discharge the duties of our office N"tore - r i ' signature C ?r N e r I-A Al Ed Law Firm Address e Zk Name Law Firm Moy /Ce"gin Address ar l r 4"e &0/3 ? ?,,- //,Y" / f, 4 ? r City, zip City, Zip 4 ?as19 Award -* 11551 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: _ (Note: If damages for delay are warded, they shall be separatelystate( Arbitrator, dissents. (Insert name if Date of Hearing: Date of Award: S ,. (Chairman) i I'W'AM, Notice of Entry of Award _P_.M., the above award was Now, the day of Ma , 2017--, at a aln entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 35th. 00 By: IttT--k' rothonotary Deputy with fidelity. 14 1 ss E 5h?`, &art ? ? . Je'yo`b,°? 0 e