ORIGINAL
HOWARD & MONIQUE HENRY and
HOWARD TIRE & AUTO, INC.,
Plaintiffs
v.
‘THE McFARLAND, LP; PRIMAVERA
PROPERTIES; NESHAMINY
CONSTRUCTORS, INC.; and TRC
COMPANIES, INC.,
Defendants
ve
SPRING VILLAGE APARTMENTS, LLC;
CENTRAL PENN ASPHALT, INC; CITY
OF HARRISBURG; COMMONWEALTH
OF PENNSYLVANIA DEPARTMENT OF
TRANSPORTATION; ISAAC DOHANY;
JACOB FRIEDMAN; PENNROSE
PROPERTIES, INC., F.T. KITLINSKI &
ASSOCIATES, INC.; PENNROSE,
MANAGEMENT COMPANY, INC,
PENNROSE SERVICE COMPANY, INC
GREENEBAUM STRUCTURES, P.C.;
EDWARD GREENEBAUM; and LOBAR
ASSOCIATES, INC.
Additional Defendants
i Distcibuted
Dato 5-3 °-Ninitiats TU
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 2017-CV-01940-CV_
CIVIL ACTION
JUDGE: LF. Clark, Jr., S.J.
COURT ORDER
AND NOW, to wit, this 30" day of May, 2019, IT IS HEREBY ORDERED that a
Mandatory Status Conference regarding the above-captioned matier shall be conducted on
Monday, June 17, 2019, at 1:30 p.m., in Courtroom 1, Fifth Floor, Dauphin County
Courthouse, 101 Market Street, Harrisburg, Pennsylvania. All counsel of record for the
parties are hereby ATTACHED for said Conference and shall appear at said time, date, and
place, and ALL PARTIES TO THIS ACTION MUST BE REPRESENTED BY COUNSEL
AT SAID CONFERENCE. Furthermore, counsel for the nonparties, but nevertheless
interested in this litigation—-to wit—Investors Bank, Harford Mutual Insurance Companies,
Page 1 of 4Eirstline National Insurance Company. Chubb Insurance Company, and Federal Insurance
Company, are invited—indeed encouraged—to attend said Conference, Counsel shall be
thoroughly prepared to discuss with the Court all aspects of remediation, including proposals from
‘McFarland as to how to proceed in obtaining the required engineering assessments and reports that
‘would form the basis of a request for bid proposals from general contractors who might undertake
remediation of the collapse site, These discussions should include a perspective as to whether or
not the McFarland eight (8)-unit apartment building is capable of being thoroughly remediated
‘and, if so, at what monetary cost and expenditure of time versus demolishing the said eight (8)-
unit building and rebuilding an appropriate structure on the same site. Counsel shall also be
prepared to discuss the form and substance of a prospective interpleader Order in relation to the
Petition to Interplead Insurance Payments Into Court, which was filed on May 9, 2019 by
Defendants The McFarland, LP; Primavera Properties; Spring Village Apartments, LLC; Isaac
Dohany; and Jacob Friedman, and the various responses thereto. Moreover, the Court will also
expect detailed reposts from all counsel as to the progress of their discovery endeavors, including,
any outstanding discovery and a proposed closure date of same, as well as a schedule for
dispositive motions.
Due to numerous and diverse parties and their counsel, this Court will not entertain any
requests for continuance of the date and time set for this Status Conference. Therefore, any
attomey of record that may be unable to attend on the date and time specified must ensure that an
authorized attorney colleague is in attendance in their stead, and that such stand-in attorney is fully
apprised of all the details of the case such that he or she will be able to meaningfully participate in
the Status Conference and to speak for their respective client’s interests.
Page 2 of 4ISSUED AT HARRISBURG, the date first written above.
BY THE COURT:
Distribution:
Howard Henry, 395 Eden Road, Bitters, PA 17319
Monique Henry, 335 Hemlock Lane, Etters, PA 17319
Mark G. Wendaur, IV, Esquire, and Joseph J. Quinones, Esquire, Co-Counsel for Plaintiffs,
Wendaur Law, LLC, 112 Market Street, 6" Floor, Harrisburg, PA 17101
Christopher Konzelmann, Esquire, Co-Counsel for Plaintiffs, White and Williams LLP, 1659
Market Street, One Liberty Place, Suite 1800, Philadelphia, PA 19103-7395
William E. Schaefer, Esquire, and Rebecca M. Cantor, Esquire, Counsel for TRC Companies, Inc.,
Hendrzak & Lloyd, 3701 Corporate Parkway, Suite 100, Center Valley, PA 18034
Andrew R. Benedict, Esquire and Dean C. Seman, Esquire, Counsel for The McFarland, LP and
Primavera Properties and Additional Defendant Isaac Dohany, Bardsley, Benedict +
Cholden, LLP, 1600 Market Street, Suite 1310, Philadelphia, PA 19103
‘Andrew J. Connolly, Esquire, and Matthew D. Johnson, Esquire, Counsel for Neshaminy
Constructors, Inc., Post & Schell, P.C., Four Penn Center, 13" Floor, Philadelphia, PA
19103
Jeffrey B. Rettig, Esquire, Counsel for Central Penn Asphalt, Inc., Johnson, Duffie, Stewart &
Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA. 17043-0109
Frank J, Lavery, Esquire, and Josh Autry, Esquire, Counsel for City of Harrisburg, Lavery Law,
225 Market Street, Suite 304, PO Box 1245, Harrisburg, PA 17107-1245
Christina A. Israel, Esquire, and Jeremy 8. Montgomery, Esquire, Counsel for the Department of
Transportation of the Commonwealth of Pennsylvania, Deputy Attorney General, Office
of Attomey General, Torts Litigation Section, 15! Floor, Strawberry Square, Harrisburg,
PA 17120
M. Elizabeth Naughton-Beck, Esquire, Counsel for Pennrose Properties, Inc., Pennrose Service
Company, Inc., and Pennrose Management Company, Inc., Swartz Campbell, LLC, 115
North Jackson Street, Media, PA 19063
‘Adam G. Klein, Esquite, Counsel for Jacob Friedman and Spring Village Apartments, LLC.,
Smigel, Anderson & Sacks, LI.C, 4431 North Front Street, Harrisburg, PA 17110
Henri Marcel, Esquire, Counsel for F.T. Kitlinski & Associates, Inc., Deasey, Mahoney &
: Valentini, Ltd., 1601 Market Street, Suite 3400, Philadelphia, PA 19103
T. Justin Chapman, Esquire, Counsel for Greenebaum Structures, P.C. and Edward Greenebaum,
Litchfield Cavo, LLP, 1515 Market Street, Suite 1220, Philadelphia, PA 19102,
Page 3 of 4