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True Railroad Realty Inc. v. Ames True Temper, Inc.

Superior Court of Pennsylvania

May 22, 2013

TRUE RAILROAD REALTY, INC., ANDREA SILVERSHEIN AND GREG SILVERSHEIN, LEWIS NORRY, LEWIS NORRY FAMILY GST TRUST, NORRY BROTHERS COMPANY, SUSAN GOLDBERG, ALICE SHAPIRO, ERIC SINGER, HILLEL NORRY, HILLEL NORRY FAMILY GST TRUST, ELLIOT NORRY, AND ELLIOT NORRY FAMILY GST TRUST, TRADING AS TRUE RAILROAD ASSOCIATES, L.P.,
v.
AMES TRUE TEMPER, INC. APPEAL OF: TRUE RAILROAD ASSOCIATES, L.P.

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered on April 11, 2012 In the Court of Common Pleas of Cumberland County Civil Division at No(s): 11-8463 BEFORE:

BOWES, J., OLSON, J., and WECHT, J.

MEMORANDUM

WECHT, J.

True Railroad Realty, Inc. ("Appellant"), appeals from an April 11, 2012 order. That order denied Appellant's motion for reconsideration of the trial court's March 21, 2012 order granting Ames True Temper, Inc's ("Appellee") motion for partial judgment on the pleadings. Because Appellant's appeal properly would lie from the underlying order granting judgment on the pleadings rather than the order denying a motion for reconsideration, and because Appellant's appeal was filed more than thirty days after the March 21, 2012 order, it is untimely. Thus, we quash this appeal for lack of jurisdiction.

The trial court set forth the relevant factual and procedural background of this case in its opinion granting Appellee's motion for partial judgment on the pleadings, as follows:

[Appellant] is a Pennsylvania limited partnership with its registered offices located in Harrisburg, Dauphin County, Pennsylvania. [Appellee] is a Delaware Corporation with its principal place of business in Camp Hill, Cumberland County, Pennsylvania, and is the successor in interest of True Temper Hardware Company. On November 30, 1994, [Appellant] and [Appellee] (through its predecessor) entered into an "Amended and Restated Lease dated November 30, 1994" (hereinafter "Lease"), by which [Appellant], as Landlord, leased to [Appellee], as Tenant, approximately forty-four acres of land located in Hampden Township, Cumberland County, Pennsylvania.

Article 42 of the Lease outlined the details regarding [Appellee's] option to purchase. This Article, which is at the core of the instant dispute, provided, in part, as follows:

42. Purchase Option.
(a) The Option. Landlord hereby gives and grants to Tenant the exclusive right and option (the "Purchase Option") to purchase the Demised Premises on the terms and conditions hereinafter set forth.
(b) The Option Period. Tenant may exercise the Purchase Option at any time during the period commencing on January 1, 2011, and ending at midnight on October 31, 2011 (the "Option Period").
(c) Exercise of Option. Provided Landlord has not then notified Tenant of an Event of Default which remains uncured, Tenant may exercise the Purchase Option at any time during the Option Period by giving the Landlord a written notice to that effect.
On October 22, 2010, Appellee entered into an "Amendment to [the] Lease Agreement" with [Appellant] (hereinafter "Lease Amendment" or "Amendment"). The Lease Amendment, the validity of which is not disputed, referenced the Lease and provided, in pertinent part, as follows:
2. EXERCISE OF RENEWAL OPTION. Pursuant to Paragraph 3(b) of the Lease, Ames exercises its option to renew the Lease, extending the terms and conditions of the lease through April 30, 2020. The renewal option shall be effective upon payment by True to Ames of $250, 000. Such payment shall be made on or before December 31, 2010 and is to be utilized by Ames for building improvements, maintenance, repairs or other items it deems fit in its sole discretion. If such payment is not made on or before December 31, 2010, then this ...

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