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Home My WebLink About01-1185 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAl CflM6~r141J dt JUDICIAL DISTRICT NOTICE OF APPEAL fROM COMMON PLEAS No. DISTRICT JUSTICE JUDGMENT o 1-- liftS' C-~ v ~ I '3-/-01 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date~~L7 NAME Of ~NT M/4G. D1ST. NO OR NAME Of D.J. S. 09- J - () I STATE ZP CODE CV If.: (JotJoo 18-1/) I LT 19 This block will be signed ONLY when this notation is required under Pc. R.CP.JP. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. l])1 iut. S1GNAT E ~ Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.G.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE PRAECIPE: To Prothonotary Enter rule upon / / ~ f .err !/tJ lJ) J tv ~ Name of appellee( s) o I - I I gS- c;. , appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. -;;:-/' ~ - . Signature of appellant or his attorney or agent RULE: To ,11(3f.R-TV JkLj)//I.J~. / Name of appel/(N!( s) !;J. , appe/lee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. (3) The date of service of this rule if service was by mail is the date of mailing. Date:~ -}- 0 I .Iii_. \..-' c1~~ ' oI~ or 0eIMAy AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY \ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;ss AFFIDAVIT: " \ o a copy of the Notice of Appeal, Common Pleas No. ' upon the District Justice designated therein on (date of service) , 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ' 19~ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME I hereby swear or affirm that I served THIS DAY OF , 19_ Signature of affiant Signature at official before Title of official My commission expires on ,19_ (") r u: ~ ::>4 C):) ~ ~ b~ ...-r' ~,~ :~33 }{~ )........ 'r.i t6 s:t;~ :$)0- .:.;r;. -S :5 C; (.) Q2/23/01 12:51 FAX 717 240 6566 D,J. (09-2-01) 01 - Ilg~ NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAMf llI\C AODftf5S lz,IBBRTY BOLDING CO 1255 CLARBHON'l' RD P.O. BOX 158 ~:rSLE, PA 17013 VS. ~001 COMMONWEALTH OF PENNSYLVANIA COUNlY OF: CUMBERLAND - .. Mag. O.st No.: 09-2-01 ...oS OJ Name 1oI0n, I PAULA P. COBRBAL ~"":l; 1 COURTHOUSE SQUARE CARL:rSLB, PA -.J 'I T'''.pllcM:(717) 240-6564 17013-0000 DEFENDANT; NAME.!Id AOOR/;:SS 'RamRoD DIe, KARL B ROllINGER 155 S JIANOVBR ST CARLISLR, PA 17013 L Docket No.: CV- 0000018-01 Date Filed: 1/08/01 .., PAULA P. CORREAL . 1 CO'DR.TROUSB SQUARE ',. CARLISLE, PA 17013-0000 ',,:"j ~\' .J ~- .- '.' -.:!.-.: THIS IS TO NOTIFV YOU THAT: Judgment: FOR PLAnPI'TPP ~ Judgment was entered tor: (Name) f. TR~'I'\" Ror.nTlill: rLl fiJ Judgment was entered against: (Name) ROJITWGRR, TN'c., "ART. R RnIlTlil~ in the amount of $ 3,916 12 on: (Date of Judgment) 2Jn~/Ol i::'~ ' D Defendants are jointly and severally liable_ o Damages will be assessed on: (Date & Time) ':-'" O Amount at Judgment Subject to Attachment/Act 5 of 1996 $ o Levy is stayed for _ days or 0 generally stayed. Amount of Judgment $ 3.846.12 Judgment Costs $ 70.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3.916.12 Post Judgment Credits $ Post Judgment Costs $ ----------- ----------- Cenified Judgment Total $ o This case dismissed withoul prejudice. ".' o Objection to levy has been filed and hearing will be held: .,"~ Date: Place: -,;. Time: '.>~ . ' . ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlUNG A NonCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVil DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTIT SCRIPT FORM WITH YOUR NOTICE OF APPEAL. ----.. ;/ ' 2-5~1 Date ..... .-. ./ .~.... I certify that this is a tru , .. . -, ;,,:pistrict ,Justice ,)" ,.,. niQ9 'the iudgment.' _. 2-S~)l Date . Dilitricl .Jus!iCe F..:. -: My commission expires first Monday of January, AOPC 315.99 2006 .. ....-,.:: . " ..._.... SE~L, ,,'~" ". " ...., \ '\ ~. " I . , f " \ .' ~ ...., I ;. I I ..' I ~ ~ ~ ~ ~ -. - vI 0 ~ C('\ ~ \::) ~ ~ ~ ~ - $ ?f- ...., -... ...c. U) 0 8 ~ V\ (,1 """" ~) ~ <.:::.' Q _.~.. ~p. '-7: -0 t:. '", ~.; ('~'~ \.~~'.-- 2;:, ' .,_ t'~).\-' ~:; (i,~', ;:~ y' Sc;; . " :::\ (')" -:.. g ..-,.-, ........ ~ ;? i' . r PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing thE't notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF (! 11 (Y) 13 f/ed~ 2') ;ss AFFIDAVIT: I hereby swear or affirm that I served rn:. a copy of the Notice of AP7:81, Common Pleas NO.?J Ot1 /- oj I g- S ., upon the District Justice designated :herein 0,0 (date of service) ""'~, It> I , 0 by personal service JS(j by certified (registered) mall, sender s , , receipt aZChed hereto, and upon the appellee, (name) . -' . , on '3, , -t$--'2L 0 by personal service ~ b~:i~1registered) mail, sender's receipt attached hereto. J~t and fU~her that I served the Rule to File a omplaint accompan , e above Notice of Appeal upon the a ~S) to whom the Rule was addressed on .)2"-A./.-, [] by personal service ~ by certi~registered) mail, sender's attached hereto. SWORN (AF~MED) AND SUBSCRIBED BEFORE ME ~. THIS ~ DAY OF Ma,v-c~ ,:'!92.Qf>Cf , ~ Signature of affiant lille of flicii€arlisle Boro. Cumberland County My Commission Expires Sept 9, 2002 My com .19_ o c s: vcr.: rn r~' Z::i. 2~C (/ ..' -<.: r::::C ...--- ~;:, )> ?_~ -"7 ~ -<. o :2: -,.. :.0 . I 1'-2 f"',..) co ~~~~~~r~~o~;"~r?\~~ry.-v/?;~~~~.,,.,.~'t~~~:"~~"""';'+' ''''r>~.~,~~'~:::t'",:".".,;"\,~~,,,,,,!,,,:~~~~7Y':~~~'~"''''~'.''.~~"''JP~'\''~~:'~'~?'''? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAI LI")/,,,76ev /4.1} a JUDICIAL DISTRICT NOTICE OF APPEAL FROM fo" r' DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 i~' Iff <) C't v~! ! NOTICE OF APPEAL '3- ( -0 \ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and' the case mentioned ' 12 L f". 6 ,}? /1 t:. (/J r NAME Of APPELLANT J J 1!5 - S. HIi IVOJ)f!2.. 15-1, ADDRESS a .{4 /71/ J ZF CODE Dot( Of.JUDGMENT -.5 -6/ cv ~ 00000 18 - 4J I LT 19 This block will be signed ONLY when this 'notation is required under Pc. R.CP JP. No. l008B. This Notice of Appeal. when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. NMZ;~(;utmt !loL b/iJ~ CLAIM NO. Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.c.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECiPe TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED. detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon j / ~ f e T Y J/-.d L}) IA; (~ Name of appellee(s) o I '- I f 8) rd. . appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. .~~ .'.'. ."..-- ---.---.--- tl, , ' .' Signature d~ or his atfo1ir6y or agent RULE: To ,11e,!- It? 71./ )JtJ lj) I Nt:, , I Name of appel/fH3( s) (/y, . appeIlee(s). ( 1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after me. date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. Date:~-I- 0/ .~_. '-" /), :i:;ifti I ,,1I.h " -T w.. - 01 otIIOIlOBY or Depuly (3) The date of service of this rule if service was by ma~ is the date of mailing. ,tOPC 312-84 COURTFI,LE ....=! ...0 Ul ....=! 0- Re Jrn H:~ :ei,Jt Fee CJ (En, lor, ,menle;luired) CJ CJ Postmark Here A~ tr;c ed De,1 lie y Fee (Enoors ,ment {equiredJ ~ ::B Tollll ,stag. & Fees t $ ..3 r ~ js.:'~'~~~i~ :~:;;~I~~;g~~;;;;_~~_=~:~~:~________..__________,__._____ 0- Street,) ,Dt. No ; (Or PO flax No. , . g; E'!~'_{ -Jd.l:Ul.9---,-QJ).e__('tl_I)~'{_bk!1I~~____sg{!4_~_~____ I"- City, Sta ,,,.zIP - 4 L _ . ''-A-~ Ll5.e, 'JI J '013 '. :IBI_!' 13~6 ~ - W-55-9lj9Z" '. (BSJBA9111 666~ Alnr 'UUBS WJD~ Sd \ I 'AJ!nhul, \Ill fiu'lIew uallM l! lUasaJd pue ld!a3aJ S!lIl aAes :lNVIHOdWI 'I!BLU p."~ a5B~;od ll~!M laqBI X!jfB pUB ll:lB~ap 'papaau ~ou S! ~d!a:laJ \lBL^J pa!II~1a~) a'H uo }j,ww~sod e II '5u!}jJew~sod JOI a:l!jfO ~sod all~ ~e ap -q.m aql. wasaJ?,seald '~J!sap S! ~d!a:laJ \lev.! pa!l!1..1ao all, uo }jJew,sod e II · '"Na^!Iao papp,sal:l" ,uawasJopua alll lll!Nl a:la!dI!Blu a4' }jJew JO }jJap all~ as!^p\:f ',ua5e pazpoll,ne s,aassaJppe JO aassa.lpPB ml~ O~ papp~saJ aq .'.ew Na^!lap 'aal IBUO!>!ppe ue JO:l. 'paJ!nbaJ S! ld!a:)aJ I'Bv.! P'!I!>JaO mo.'. uo }j.mw,sod Sdsn B ',d!a:>aJ wn,aJ a,e:l!ldnp e JOI Ja^!BM €lei e a,\!a:>aJ 01 . "pa,sanbal:l,d!a:>al:l um,al:l" a:>a!dnBW asJopu3 'aaj alll Je^O:l 01 a5njSod alqe:l!ldde ppe pue ap!>Je a4~ O~ (~ ~BS UlJo:l Sd) ,d!a:>al:l wn~al:l e 4:lBllB pue a~aldwo:l aseald 'a:l!Nas ~d!a:lal:l wn~al:l u!e~qo 01 'Na^!lap jO 100Jd ap!^oJcI o~ pa~sanbaJ aq .'.ew ,d!a:lal:l Wnlal:l e 'aalleUo!~!ppe ue JO:l · '\lev.! pa1a~s!5al:l JO paJnsUI Jap!suo:l aseald 'salqenle^ 10:1 '11Bv.! pa!llpaO 4>!M 0301^Ol:ld SI 38\:f1:l3^OO 30N\:fl:lnSNI ON · 'l!l1W leuo!~ewa~u! 10 ssep .'.Ull JOI alqe\le^e ,OU S! \lev.! pa!l!>JaO · 'ilUlf'J .'.lUOlJd JO I!ev.! sselo-~sJ!:I ll~!M paU!qWO:l aq A1NO .'.ew \lev.! pa!l!>Jao · ;sJapUIWatl JUll)./odwl sJea.'. OM, JOI a:l!Nas le~sod all~ .'.q ,da}j Na^!Iap 10 p.lo:laJ \:f · Na^!Iap uodn aJn,eu5!s \:f . a:la!dnew mo.'. JOI Ja!l!luap! anb!un \:f · ,d!a:laJ 5umew \:f . :sap!AOJd new pamlJa:) rn U"l C1 cO rn ...n nJ f'- ,-=t nJ C1 C1 c:;:I C1 ...n c:;:I C1 C1 c:;:I ,f'- postage $ certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (EndOrsement Required) postmark Here Total postage & Fees $ .:;.' Name/Please Print Clearly) (~:; ~~~ -s~~1,1t##;,;;';.. ,fiJ)J.r...u..'........;jjJ... nn.:Il.,M.xf5A', ;:,5<;n.j!!&~/I'l(!!?f;n/:cY..n '!y, State, p+4 . . L< (: .~,;) /701.3 ~I r;f;'r~.';.'rr: rraif Provides: II ~ ~,1:; tl~ 'l(~i)t ., ,\ wi: " i' ',li'iE fO~your mailpiece · ~j;n tlWI JP:o deJiver,,4f · II "'l:C" ] J; ""t'\'e'1 kept by the Postal Service for two years I In'r;or~.ul I>e, h"~'e;-S: · C'lci'" '1" li y)NlY be Combined with First-Class Mail or Priority Mail. · CC'li!;,: ,Ii: I, "0' aVailable for any class of international mail. .~':) I~Jc '1", ~I: COVERAGE IS PROVIDED with Certified Mail. For "aIJE il " )/, J(! Consider Insured or Registered Mail. · Fo' a' ancj t;'-"UI ree, a Return Receipt may be requested to provide proof of deliVEry, ' ,) Jht11n geturn Receipt service, please cOmplete and attach a Return Re':ei,:t (I'S Fo'm 3811) to the article and add applicable Postage to cover the fEe, Ellc'o '3E' r1drlplece "Return Receipt Requested". To receive a fee waiver for a d~p,icato'e'l'rn receipt, a USPS Postmark on your Certified Mail receipt is reqUirE'cj · For an add itiollal fee, delivery may be restricted to the addressee or addressee's ilLthorized agent. Advise the clerk or mark the mailpiece with the endors'~ment "Flestricted Delivery". , · '" 0"",'"", c" "" C,rt"" M., ~"" " """""'" _ p_, ~'""" I,' cr, " <he ,,," "",0' '''' P""m~k,"g. '" __ '" <h, C_" M,,, , receipt is not needed, detach and affix label with Postage and mail. IMPORTANT,S,,, Ihi, ""1'1 '"' .""". when m'''n, '" 'n"hV, i " '"~ ,",,0 ", '" "''" ,R",.,) ""'"',00....'00' I I, , 0/- /1M COlt NOTICE TO DEFEND You have been sued in court. H 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 for 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. Cumberland County Lawyer Referral Service 1 Liberty Avenue Carlisle, Pennsylvania 17013 (717) I NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sigiuentes, usted tiene veinte (20) dias de plazo at partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tornara rnedidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos irnportantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 1 Liberty Avenue Carlisle, Pennsylvania 17013 (717) UBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO.: 01 - 1185 ROMINGER, INC. and KARL ROMINGER, Defendants COMPLAINT 1. Plaintiff, Liberty Holding Company is a business located at 1255 Claremont Road, P.O. Box 158, Carlisle, PA 17013. Plaintiff is the owner of a certain property located at 10 South Court House Avenue, Suite 103, Carlisle, PA 17013 ("premises"). 2. Defendant, Rominger, Inc., is a business located at 155 South Hanover Street, Carlisle, PA 17013. Defendant, Karl Rominger, is the President of Rominger, Inc. 3. Plaintiff and defendants entered into a written lease for the premises for an initial term of one year, the term to be from May 11, 1999 through June 1, 2000. A true and correct copy of the lease for the premises is attached hereto and incorporated herein by reference as Exhibit "A." 4. The monthly rent for the premises was $783.00, which was due and payable on the frrst day of each month. In the event a monthly payment was not made on the frrst of the month, the lease provided for the assessment of a ten percent (10%) late fee. In the event a monthly payment was not made within five (5) days of the date due, the lease provided for the assessment of a twenty percent (20%) late fee. See, Exhibit A, section RENT, attached hereto. 5. The lease provided that at the expiration of the initial term, all terms of the lease would continue on a month-to-month basis. 6. On or about September 15,2000, defendant vacated the premises. 7. Defendants have failed and refused to pay rent from July 1, 2000 to present, inclusive. The outstanding rent and late fees owed by defendants exceeds $5,634.00. 8. Prior to vacating the premises, the defendants and/or their agent caused injury to the premises which cost the plaintiff $800 to remedy. 9. Defendants have failed to pay an outstanding balance for the electric utility service on the premises for the months of June, July, August and September, 2000. The outstanding balance for this period is $228.22. 10. By virtue of their failure to pay all rent due under the lease, defendants are in default and in breach of their obligations under the lease. 11. By virtue of their failure to pay for the utilities to the premises as obligated under the lease, defendants are in default and in breach of the obligations under the lease. 12. By virtue of their failure to restore the premises to the same condition as it was at the commencement of the lease, defendants are in default and in breach of the obligations under the lease. 13. Plaintiff continues to store the defendants' office supplies, equipment and furniture left within the premises by the defendant. Plaintiff requests fair compensation for the storage of these items. 14. Pursuant to the lease, subsection (6)(c), defendants are liable for all attorneys fees and interest on past due rent. WHEREFORE, plaintiff demands judgment in their favor and against defendants in the amount of $ 6,662.22 plus attorneys fees, interest, storage fees and any additional charges for rent and other charges which may become due and payable between the filing of this Complaint and trial. Respectfully submitted, YERIFICATION I, Michael Adler, agent for Liberty Holding Company, hereby verify that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: March dO, 2001 ~ ~ ~,dv-- Michael Adler Agent for Liberty Holding Company CERTIFICATE OF SERVICE AND NOW, this $- day of March, 2001, I, John A Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon the defendants by requesting the Cumberland County Sheriff to make services pursuant to P.R.C.P. 400, et. seq., at Carlisle, Pennsylvania, addressed as follows: By Cumberland County SheritT: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Rominger, Inc. 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Mar. 19 2001 11:38AM P7 f;RQM : "4r,,: . LIBERTY HOLDING CO~PANY CoMMERCIAL LEASE p1\.R'1'IES. THIS ~REEMENT OF LEASE, made th;S 6th daY of May, 1999. between L;berty Hold;ng Company (for the purpose of this Lease to be known as the "LeSsor") and Rominger, Inc for the purpose of this lease to be known as the "LeSsee"). WITNESSETH, that the sa;d Lessor, ;n considerat;on of the rents and covenants hereinafter ment;oned, does dem;se and lease unto the said Lessee, all that certa;n space consisting of approximately (763) seven hundred eighty three square feet, known as 10 south courthouse Avenue, suite 103, carlisle. PA 17013. pREMISES TERM TO HAVE AllD TO HOLD unto the Lessee, subject to the cond;tions of this Agreement for the term beginning on the 11th day of MaY, 1999. This Lease shall be in effect for an intial term of 1 year, beginning on May 11, 1999 thrOugh June 1, 2000. This lease shall be in effect for a term of one (1) year. RENT IN CONSIDERATION of which, the sa;d Lessee agrees to pay to the said Lessor for the use of satd premises, a sU1l\ of e;ght thOUsand eight hundred eighty and 40/100($B,BBB.401dollars, to be paid prior to the first daY of the month for which ;t is due. as follOWS: All rental payments are due and payable on the due date as specif;ed in this paragraph. AnY payment made after 5 p.m. on the 1st. day of the month shall be subject to a late charge of Ten (10%) percent of the rental payment(s) due and payable. AnY payment not made by the 5th of the month shall be subject to a late charge of twenty (20%1 percent of the rental payment due and payable. May 1999 July 1999 september 1999 November 1999 January 2000 March 2000 May 2000 $333.40 500.00 783.00 783.00 7B3.00 7B3.00 783.00 June 1999 August 1999 October 1999 Decerober 1999 February 2000 April 2000 $500.00 500.00 783.00 7B3.00 783.00 783.00 EXHIBIT I A page 1 F'ROM Mar. 19 2001 11:41AM Pi ~;,A, .__ I '...J SECURITY DEPOSIT Lessee agrees to deposit with Lessor, at the time of signing this Agreement of Lease, the sum of seven hundred, eighty three and 00/100 dollars ($783.00) as security for the faithful performance of all the termS, covenants and conditions of this lease, which sum shall be returned to Lessee at the expiration of the lease term and any subsequent hold-over, subject to the provisions of this Agreement of Lease and, in particular, this section. If Lessee defaults in the performance of any of the terms, covenants and conditions of this Agreement of Lease at any time, Lessor may, at its sole option, use, apply or retain the security deposit, or any portion thereof, as necessary for the payment of any rent or any other sum for which Lessee may be in default, or for any sum that Lessor may expend or be required to expend as a result of Lessee's default of any of the terms, covenants and conditions of this Agreement of Lease, including but not limited to damages to the leasehold property caused by the negligent or intentional acts or omissions of Lessee, his invitees or licensees. Lessee hereby waives all rights to any interest accumulated on the afore mentioned deposit for the entire term of the lease. UTILITIES The Lessor shall payor cause to be paid all charges for water, and sewer for the demised premises throughout the term of this lease. The Lessee hereby agrees to use good judgement in respect to said utilities. The Lessee shall payor casue to paid all charges for heat, air conditioning, electric, telephone service and janitorial service and to indemnify the Lessor and save it harmless against any liability or damages on such account. THE DEMISE HEREIN CONTAINED IS M1WE AND ACCEPTED ON THE FOLLOWING EXPRESS CONDITIONS: 1. PLACE OF PAYMENT The rent reserved shall be promptly paid on the several days and times specified herein without deduction or abatement, unless hereinafter provided on the contrary, at the principal office of the Lessor. Liberty Holding Company 1255 Claremont Road Carlisle, PA 17013 (717) 243-3000 page 2 " FROM :..;Ai" '~I '_ Mar. 19 2001 11:39AM PB 2. INABILI'I'Y TO GIVE POSS:E:SSION ~he Lessor shall not be liable to the Lessee for any damages which roay be caused to th~ LeSsee ~y the failu~e of the Lessor ~o give possession of the demlsed prem~ses at the tlme agreed upon, lf said failure is not due to any fault on the part of the Lessor, unless hereinafter provided to the contrary. 3 . HOLDING OVER AS RENEWAL A holding over by the Lessee beyond the term of this Lease or any hereinafter duly authorized additional term shall be deemed a renewal of the lease on a month to month basis, with said renewal being under and subject to all provisions ,contained in this Agreement of Lease, and shall be at the optlon of the Lessor. Lessee shall be deemed to have held over under this paragraph unless it shall have notified Lessor in writing of its intention to surrender the premises at the end of the term hereof at least ninety (90) days prior to the e~piration of the term hereof. 4 . NEGA'I'IVE COVENANT S OF LE SSEE (a) WASTE DAMAGE OR INJURY TO I?REMISESi RESTORATION No waste, damage or injury to the premises shall be committed and at the end of the term the demised premises shall be restored, at the option of the Lessor, to the same condition ~n which they were at the commencement of the term, and the cost of said restoration shall be paid by the Lessee, which cost shall be treated as additional rent due and owing under the terms of the Lease. This paragraph is subject to the exception of ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause or happening not due to the Lessee's negligence. (b) LAWFUL POSSESSION; FIRE PREVENTION Said Lessee shall not carryon any unlawtul or immoral business in or about the demised premises, and shall not carryon any business which will endanger the building from fire or cause a forfei ture of any fire insurance that the Lessor has or may hereafter have on said building. The Lessee shall use every precaution against fire or activities which would cause a forfeiture ot any fire insurance that the Lessor has or may hereafter have on said building. The Lessee shall not operate any machinery or equipment that lXlay be harmful to the building or disturbing to other occupants of the building; further, the Lessee shall not place weights in any portion of the demise premises beyond the safe carrying capacity of the structure. page 3 lc) ALT1!.RA'IlONS >>ID I}\PROVSo!ENTS tn r'vilege of improving tne Tha 1.>assea snaIl not ,nave e u~ ~ses unlesS tne Lassor leased prell'iSes for LeSsee s O""t ( p) l.'~ \olriting \olhiCn. approval ", proposed improve"",n ,s ,. " t approves an, bl' thl1eld or dalayed and 1mprovemen s should not be unreasona y >11 nl' additions alterations, and _de at :r,essee' s el<Pense. n ~ " ~rovS"'ents made in or to the demised prS"'isas bY e1tner Less~r o~ Lessea, shall beCome the property of LasSor and be ~urr~~ ~~~s >lith the premises upon the el<Piration or sooner teon1nat10n , lease' provided hO>lever, tnat the :r,essor shall hava the r1gnt to requi~e the Le;see to remove such fi~tUres at the Lessee'S cost upon such terJnination of this leasa. The LeSSor agreeS to make any repairs and be resp?nsible for the cost of anY repairs necessary to the property >lh1Ch are not caused by negligneCe on the part of the Lessee. Lessee sgraas to inform LeSSor for tha need of sucn repairs immediatelY, The Lessee shall indemnifY the LeSSor against any mechanic'S lien or othar lien arising out of making anY alteration. repair, addition. or imProvement by the Lessee. The Lessee shall have the right to swlet tha partitiOned retail portion of the premiseS. If tne :r,essor is able to fJ.nd another Lessee of hiS approval for the premJ.ses herein sat forth and anters into a laasa contract eith that Lessee. then on that date this lease shall ba considered terminated >lithout penalty to ~e55or or Lessee. (dl ASSIGNING, ETC. BY LESSEE Lessae shall use tne leased premisas for the purpose of runnning an internet bUsinesS, or any retail businasS. {e) USE RESTRICTIONS (il Display nO merchandise outside the demised premises nor in anY >lay obstruct the hallS or side>lalks adjaCent thereto and store all traSh and refuse in appropriata containers >lithin the demiSad prS"'ises and attend to the prompt diSposal thereof in manner designated bY the LeSSor. (ii) Display or affi~ nO sign, advertising, placard, nama, trad~rk. insignia, decal. advertising matter. or any other iteD or it~ on any exterior door, >lel1 or >lindO>l space in the demise< premises or >lithin five feet of the front of the demised pramiSa' in the case of an open storefront, or >lithin any entrance to tn demised premises >lithout permission of the LeSSor. Lessor shal have the right without notice to Lessee and without any liabilit page 4 > Mar. 19 2001 11:40AM P9 . FROM .~ .L "" PH' for damage to the demised premises reasonably caused thereby, to remove any items displayed or affixed in violation of the foregoing provisions. (iii) Abide by a~l reasonable rules and regulations established by LeSsor, provided that said rules and regulations apply unitormily to all tenants of the building and are reasonable and by no means arbitrary, with respect to the common area, facilities, improvements, and sidewalks. (iv) prevent the demised premises from being used in any way which will injure the reputation of the same or from being used in any way which may be a nuisance, annoyance, inconvenience, or damge to the other tenants, including, without limiting the generality of the foregoing, noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment which may be heard outside the demised premises. 5. LESSOR'S RIGHTS (a) RIGHT OF INSPECTIO~ It is agreed and understood that the Lessor, said Lessor's duly authorized agents, and said Lessor's heirs, executors, administrators, successors and/or assigns, may enter the premises hereby leased at any time during the term, for the purpose of inspecting and making of any repairs to the premises or adjoining apartments, provided that th€ Lessor gives the Lessee prior notice unless it is an emergency to enter the leased premises. (b) RULES AND REGULATIONS The Lessor may from time to time establish reasonable rules and regulations for the sa.fety, ca.re and cleanliness of the premises, and for the preservation of good order therein. Such rules and regulations shall, when notice thereof is given to Lessee, torm a part of this Lease. No rule or regulation shall be arbitrary, but shall be reasonable in every respect. 6. RESPONSIBILITY OF LESSEE (a) DAMAGE OR INJURIES TO PROPERTY All damages or injuries done to the premises by the Lessee and/or said Le$SQQ1 s customer-s, clerks,. servants, agents, employees, visitors of the Lessee, and individuals for whom the Lessee is responsible, other then those caused by ordinary wear and tear, shall be repaired by the Lessee herein. The Lessee page 5 Mar. 19 2001 11:42AM P2 FROM c.-,;?i'~'" Ie F r'ni,"" covenants and agrees to make sa,d repa,rs u~on twenty (20) ,dayS' wr,tten notice given to said Lessee by the sa,d Lessor, and ,f the L~ssee shall neglect to make said repairs or commence to make the same promptlY or complete the same within twenty (20) days after receiving sa,d notice, the Lessor shall have the nght to make said repairs at the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the sa,d repairs, and if sa,d expense is made at the expiration of the term, then the cost so made may be collected by tile Lessor as add,Uonal rent for the use of the premises during the entire term. (b) PAYMENT OF JUDGEMENTS, ETC. The LeSsee shall bear, pay and discharge when and as the same become due and payable all. judgments and lawful claims for damages or otherwise against said LeSsor, arising from the Lessee's use or occupancy of said leased premises and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmlesS the Lessor, or said Lessor'S agents, servants, employees, and the public at large by reason of or on account of the use or misuse of the premises hereby leased, or any part thereof, due to the negligence of the LeSsee and/or the said Lessee's agents, clerks, servants, employees, visitors, Cl1stomers, and individuals for whom the Lessee is responsible. (c) REIl-ffiURSEMENT OF EXl?:E:NSES aT!' CURING TENlWTS DEFAULT In case the Lessor, by reason of the failure of the Lessee, after due notice, to perform any covenant, term, or condition of the lease, shall payor incur any suro of mQney, or shall expend any sumS for legal services due to litigation, then the sum or sums so paid or incurred, with interest, shall be added to the installment of rent next becoming due, and shall be collectible as additional rent, in the same manner and with the same remedies as if it had been ordinarily reserved. (d) DISCHARGE OF LIABILITY BY LESSEE In consideration of securing the within Lease at the above-stated rent, the Lessee does hereby release and discharge the Lessor, its agents, servants and/or employees, and said Lessor's heirs, executors, administrators, successors and/or assigns, from any and ~ll liability by reaSon of any injury, loss and/or damage to any person and/or property in the demised premises, whether belonging to Lessee or any other person, caused by any fire the b:eakinq, bursti~g, stoppage and/or leakage of any water piPe: gas p~pe, sewer, bas1n, water closet, steam pipe and drain in any part or portion of tne demised premises and/or any part or portion of page 6 " - FROM' : " .,~ 1 i 1~11'- l'i~. Mar. 19 2001 11:42AM P3 the building, of which the demised premises is a part, and from all liability for any and all injury, loss and/or damage caused by the wate~, gas, steam, waste and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets and drains, or ~rom any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the building, unless directly attributable to Lessor's negligence. (e) The Lessor shall bear, pay, and discharge when and as the same become due and payable all judgements and lawful claims for damages or otherwise against said Lessee, arising from the condition of the premises prior to the date of lease, or resulting from the Lessor's negligence or intentional act, and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmless the Lessee, or said Lessee's agents, servants, employees and public at large. 7 . COMPLIANCE WITH GOVERNMENTAL REGULATIONS The Lessor warrants that the premises comply with all current orders, rules, regulations and requirements of every kind in effect at the time that the Lessee takes possession of the premises. If the premises are found to not be in such aforementioned compliance at the time of possession by the Lessee, The Lessor hereby agrees to pay the full cost of achieving compliance. The Lessor is not responsible for any new orders, rules, regulations, and requirements passed after the date of possession of the premises. 8. LIABILITY INSURANCE The Lessor shall carry fire and hazard insurance for the replacement cost of teh premises, and shall carry liability insurance to afford proptection with limits of not less than One million dollars($l,OOO,OOO.OO). 9. FIRE INSURANCE Lessee shall carry fire insurance for Lessees's contents with extended coverage on the leased premises in an amount not less then $25,000.00 Lessee aqrees to have Lessor added as an additional in.!:ured on said insu;r:ance policy. Lessee agrees to release subrogation rights on said insurance policy to Lessor in case of damage caused to the demised premises by virtue of fire, lightning, or. perils of extended coverage. 10. CASUALTY DAMAGE TO LEASED PREMISES page 7 ..,..1 , t " " , .' FROM \...~-~l '.. 1: f'HUi..:1:7 Mar. 19 2001 11:43AM P4 In the event that the premises occupied by the Lessee shall, d~~ing said term be destroyed by fire or other casualty, thereby making the premises untenantable and unfit for occupancy so that the owners thereof deem it advisable to construct a new building, the LeSsee or Lessor herein shall have the right to terminate this Lease upon givin9 15 days notice in writing to the other party, and the term of this Lease shall cease upon the expiration of 15 days after the date of said notice. In the event, however, that the said building shall be damaged by fire, but not destroyed, the Lessor shall cause the buildin9 to be repaired and restored to its former condition, then to act with the greatest possible diligence. The monthly rent shall be abated for the period from the date that the damage occurred to the date that the required repairs or restoration work is completed. The amount by which the monthly rent shall be abated shall be determined on the basis that the ratio of the floor area untenantable bears to the floor area of the entire premises. Provided, however, that even if the building is not deemed to be destroyed, if the fire damage to the building is such that the Lessee cannot reasonably and practically use the building, the Lessee or the Lessor shall have the right to terminate this Lease by giving 15 days notice in writing to the other party as set forth above in this paragraph. The Lessee herein agrees that in the event that the building shall be so partially destroyed by fire as to render said repairs necessary that the said lessor shall thereupon have the right through his servants and agents, and that the servants and agents of any contractor employed by the Lessor shall have the right to take possession of the premises for the purpose of making such repairs, and the so taking of possession shall not be an eviction of the Lessee herein and shall in no manner affect this term of Lease. 11. LESSOR'S TERMINATION OF LEASE The said Lessee hereby accepts notice to quit, remove from, and su~render up possession of the said demised premises to the said Lessor, its successors and assigns, at the expiration of the said term, whenever it may be determined, whether by forfeiture or otherwise, upon 30 days notice to that effect, all further notice being hereby waived. And on failure to pay rent, for the space of ten days, after written notice, besides the distress, or upon breach of any other condition of this Lease the Lessee shall be a non-tenant, subject to dispossession by the Lessor, without further notice or process of law, with release of error and of damages, and the said Lessor may re-enter the premises and dispossess the Lessee without thereby becoming a trespasser. 12. WAIVER OF DEMAND FOR RENT The Lessee does also hereby waive any and all demand for page 8 .' . . . FROM : c " ... - -'" PHONE NO. : Mar. 19 2001 11:44AM P6 17. L~ASE CONTAINS ALJ~ AGREEMENTS It is expressly understood by the parties that the whole agreement is embodied in this agreement (executed in duplica~e) and that no part or items are omitted unless the same be here1nafter modified by written agreement(s). 18. GENDER AND NUMBER The neuter gender, where used herein, shall be deemed to be masculine or feminine, and the singular number, where used herein, shall be deemed to be plural, whenever, the sense of the instrument so requires; further, the masculine or feminine gender, where used herein, shall be deemed to be singular whenever the sense of the instrument so requires. 19. HEIRS, ETC. This Lease Agreement shall be binding upon the heirs, executors, administrators, successors, and/or assigns ot the parties hereto. 20. HEADINGS, NO PART OF LEASE Any headings, preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaning, construction or effect. 21. SIMILAR PROVISIONS If the subject matter of a provision of the Rules and Requlations is discussed in a provision in the body of the Lease, both provision shall be effective as far as the same remain consistent; however, if the provisions are contradictory then the provision in the body of the Lease shall control. ' IN WITNESS WHEREOF, I/we set my/our hand(s) and seal(s) the day and year first above written. \~~~h Witness ~q~. By (SEAL) Lessee: rl . Rominger, President Rominger, Inc. BY~.M. t\..1~ (SEAL) Le~sor: ~hael~l~~, Partner Liberty Holding Company 10 page 10 , . . . . . . , '* . LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01 - 1185 ROMINGER, INC. and KARL ROMINGER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance as counsel of record for the Plaintiff, in the above- captioned matter. Respectfully submitted, Date: March 20, 2001 ........ ABOM & KUTU __._......_A ..,..." /// / ,/ ( o A. A om, S ttorney J.D. No. 77961 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff ".. , CERTIFICATE OF SERVICE AND NOW, this "0 } day of March, 2001, I, John A Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the defendants, by depositing in the U.S. Mail, in Carlisle, Pennsylvania, addressed as follows: First Class Mail: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Rominger, Inc. 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 ----- /,,- " ,/ .' -- / " L LIBERTY HOLDING COMPANY, : IN TIlE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01 - 1185 ROMINGER, INC. and KARL ROMINGER, Defendants SUBSTITUTE CERTIFICATE OF SERVICE /Let AND NOW, this~ day of March, 2001, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE ON BEHALF OF PLAINTIFF and COMPLAINT upon the Defendants by personally hand delivering the copies to Rominger Law Offices at 155 S. Hanover St., Carlisle, P A. John A. Abom, Esquire Attorney J.D. No. 77961 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff o c: S. -0 cr; rn[r, Z::U z\> ~':" r::: c' ........ ;}.,.o Z(-, :Pc. ~ =< ~. o \,..) "\I ....,.. ~.Jlh.. :D> :::0 N 0; _":;;0.." '-:? ~::::l ~ 0"' =< LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01 - 1185 ROMINGER, INC. and KARL ROMINGER, Defendants ACCEPTANCE OF SERVICE And now, this 23m Day of March, I accept service of the Complaint in the above-captioned matter on behalf of Rominger, Inc., and Karl Rominger and I certify that I am authorized to do so. 3'~3-01 CClJd,. (J ~ Defendant/ Authorized Agent Date 0 0 0 C ""f'l :?: :x lJo.; :t.:;a rnrrl -;0 Z::,,' Ze;- N ~:~: 0.) ~C \J ~C' --0 t,.) ~=.) >c.:. ~ ::;:~ (j\ :D -< LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance as counsel of record for the Defendant, Rominger Inc., in the above captioned matter. Respectfully submitted, ~ - Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants March 28, 2001 LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Rominger Inc., do hereby certify that I this day served a copy of the Praecipe for Entrance of Appearance upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John A. Abom, Esquire ABOM & KUTULAKIS Suite 204 8 South Hanover Street Carlisle, PA 17013 --~ / c::--- -- Dated: March 28, 2001 Karl E. Rominger, Esquire Attorney for Defendant . , LIBERTY 1l0LDING coW ANY, : IN 11lECOUR'f Or CoMMO}ll'LBAS Plaintiff : cuMBERLNID coU}l'fY , : PENNSYLVANIA . : cIVil- ACTIO}l}lO.: 01-11\\5 V. ROMINGER, INC. and KARL ROMINGER, Defendants NonCE OF pRAEC1J>E TO ENTER JUDGMENT BY DEF A\J1 T To: Karl Rominger & Rominger Inc. Date of Notice: April 18, 2001 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VB F Ai-D TO EN1ER A WRITfEN APPEARANCE PERSONALLY OR BY ATTO,ffiY AND FILE IN WRITING WlTH 11lE COURT YOUR DEFENSES OR (JECTIONS TO TIffi CLAIMS SET FORTH AGAINST yOU. UNLESS y( ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, JUDGMENT MAY BE ENTERED AGAINST YOU WlTHOUT A HE~AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANI; - illS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ON<fg YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE (, OR TELEPHONE TIffi FOLLOWING OFFICE TO FIND OUT V.Jill YOU CAN GET LEGAL HELP: ~r Referral Service cumberland County Jtreet 2 Lil\. 17013 Carl~9-3166 r o ~~ o ::-.:c.. ('::t.) :.,) :./1 LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION NO.: 01 - 1185 ROMINGER, INC. and KARL ROMINGER, Defendants NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Karl Rominger & Rominger Inc. Date of Notice: April 18, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VB FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 Date: April 18. 2001 A. Abom, ESqUl Attorney I.D. No: 77961 8 South Hanover Street Suite 204 Carlisle, PA 17013 (717)731-4800 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 18th day of April, 2001, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULTupon the Defendants by depositing, or causing to be deposited, same in the U.S. certified mail, return receipt requested, at Carlisle, Pennsylvania, addressed as follows: Karl Rominger, Esquire & Rominger, Inc. C/o Rominger Law Offices 155 S. Hanover Street Carlisle, PA 17013 /."'-- /~/ , -'-- ....."---_. JohnA. Abom / ./ o c ~""" \,:=J , ) -"'.... , .....::.., :'.1) '...T\ LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants PRELIMINARY OBJECTIONS OF ROMINGER. INC. AND NOW, come respondent, Rominger Inc., pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure and offer the following Preliminary Objections in the nature of a demur. 1. Plaintiffs have filed a complaint which is styled in Assumpsit. 2. Said complaint claims to rely on a Lease which is attached. 3. In paragraph 14 a claim for attorney's fees is made pursuant to paragraph 6 (c) of the Lease. 4. In its' Wherefore clause, Plaintiff seeks attorney's fees and costs oflitigation. 5. The language of paragraph 6 (c) ofthe Lease is at best ambiguous. 6. The language of the Lease, in particular paragraph 6 (c) states that any costs payable are added to the next installment of the rent coming due. 7. At the time of the suit, and prior thereto, as by Plaintiffs pleading, and as read in conjunction with the attached Lease, December 15,2000, is the last rent payable, assuming the veracity of Plaintiffs complaint. 8. Said rental amounts being liquidated, and said Contract no longer in force and effect, paragraph 6 (c) is inapplicable. I I j J ,', ",~.""" '.""", .'..",,,",.,,,,,..,,.,,..,,."'.,,'."', " 9. The-Lease thus contains no provision for attorney's fees. 10. Thus, absent a statutory duty, which has not been plead, there is no Contract language to support the collection of attorney's fees. WHEREFORE, Defendant respectfully demurs the Plaintiffs request for attorney's fees and litigation costs as requested by the Plaintiff s complaint. Respectfully submitted, ~ ... Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Rominger, Inc. "".."". ,;,t'~',"'''",IJl)*1"1J!if"!_..,,,_,",' 'llRIil!lmIlJ~I!~!I,rnL!<:I1 :,"",!!'I::I:,I, D:!'I' ' LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Rominger, Inc., do hereby certify that I this day served a copy of the Preliminary Objections of Rominger, Inc. upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jay Abom, Esquire ABOM & KUTULAKIS 8 South Hanover Street Suite 204 Carlisle, PA 17013 Dated: April 23, 2001 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 ~~ Karl E. Rominger, Esquire Attorney for Rominger, Inc. ..- ",""-,.."".,, ""'~"U&",A" ' LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO.: 01-1185 ROMINGER, INC. and KARL ROMINGER, Defendants ANSWER TO PRELIMINARY OBJECTIONS FILED BY DEFENDANT KARL ROMINGER And now, comes Plaintiff, Liberty Holding Company, by and through its attorneys, Abom & Kutulakis, L.L.P., who opposes Defendant Karl Rominger's Preliminary Objection, and in support thereof, answers the following: 1. Admitted that Liberty Holding Company initiated this action on January 11, 2001, by filing a complaint before District Justice Pau1a Correal against both Rominger, Inc. and Karl Rominger. 2. No responsive pleading required. 3. Admitted in part, denied in part. It is admitted that Defendant Karl Rominger signed the lease attached to the complaint as Exhibit A. Plaintiff is without sufficient knowledge to identify whether Mr. Rominger signed in an individual capacity, on behalf of Rominger, Inc. or both. By way of further answer, several monthly rental payments made under the lease were written on the personal checking account of Karl Rominger, the individual. 4. Admitted in part, denied in part. Admitted that the basis of the cause of action in this matter is due to the breach and default of the conditions of the lease '. attached to the complaint as Exhibit A. The averment is otherwise denied because Plaintiff is without sufficient knowledge to identify whether Mr. Rominger signed in an individual capacity, on behalf of Rominger, Inc. or both. By way of further answer, several montWy rental payments made under the lease were written on the personal checking account of Karl Rominger, the individual. 5. This averment states a legal conclusion to which a responsive pleading is not required. WHEREFORE, Plaintiff respectfully requests this Court to overrule Defendant Karl Rominger's Preliminary Objection. Respectfully submitted, Jo . Abom South Hanover Street Suite 204 Carlisle, P A 17013 Supreme Ct. ID No. 77961 CERTIFICATE OF SERVICE c...d,- AND NOW, this iZ day of May, 2001, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Preliminary Objections by depositing the same in the U.S. Mail, in Carlisle, Pennsylvania, addressed as follows: First Class Mail: Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Rominger, Inc. 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 ~- -_._-,-_.-._~-...~. (') c =s: -ofr Fll,-';-. ,.. """"', ~.-. 655~:-- ~c;, ~C-~ ~c" Pc::: Z ~ ,- .-" o ~ ,).:>0 -< .-J ~ '.0 N LIBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO.: 01 -1185 ROMINGER, INC. and KARL ROMINGER, Defendants ANSWER TO PRELIMINARY OBJECTION FILED BY DEFENDANT ROMINGER. INC. And now, comes Plaintiff, Liberty Holding Company, by and through its attorneys, Abom & Kutulakis, L.L.P., who opposes Defendant Rominger Inc.' s Preliminary Objection because the commercial lease in question between the Plaintiff and the Defendants requires the Defendants to pay to the Plaintiff's legal fees due to litigation, initiated by reason of the Defendants' failure, after notice, to perform under the lease. In support of its position, Plaintiff answers as follows: 1. Admitted. 2. Admitted that the complaint relied on a lease that was attached to the complaint as "Exhibit A." 3. Admitted. 4. Admitted. 5. Denied. The language of paragraph 6(c) of Exhibit A is not ambiguous. That provision states that in the event that the lessor, by reason of the failure of the lessee, after due notice, to perform any covenant, term or condition of the lease, pays or incurs any sum for legal services due to litigation, then the sums paid or incurred shall be added " to the installment of rent next becoming due and shall be collectable as additional rent. 6. Denied because this averment does not correctly summarize the lease (Exhibit A) and/or the content of paragraph 6(c) of Exhibit A. 7. Denied that December 15,2000, was the last rent payable and further denied that December 15,2000, was the date ofthe last rent payable under the terms of the lease. 8. This averment states a conclusion of law to which no responsive pleading is required. To the extent that this averment could be considered factual in nature, it is denied that paragraph 6(c) of Exhibit A is inapplicable to this matter. On the contrary, since the rent due in this matter has not been paid and because legal fees are collectable as additional rent, defendants are liable for the payment and/or repayment of plaintiffs legal fees. 9. Denied because paragraph 6( c) of Exhibit A requires the Defendants' payment of legal fees. 10. This averment states a conclusion of law to which no responsive pleading is required. To the extent that this averment could be considered factual in nature, it is denied that the language of Exhibit A does not support a claim for the imposition of legal fees upon the Defendants. WHEREFORE, Plaintiff respectfully requests this Court to overrule Defendant Rominger, mc.'s Preliminary Objection. Respectfully submitted, John A. Abom 8 South Hanover Street Suite 204 Carlisle, P A 17013 Supreme Ct. ID No. 77961 CERTIFICATE OF SERVICE AND NOW, this day of May, 2001, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Preliminary Objections by depositing the same in the u.s. Mail, in Carlisle, Pennsylvania, addressed as follows: First Class Mall: Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Rominger, Inc. 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 .' ~ 0 c:' C <~: ~ l:) U -' . rnl1 .- 2:-1' --"'"" ;::::c (f' ., ........j ~-- -~ c,C' L__ ,-'.... J>E :",) ( 2: ,"", :.:~ ~ <" ..., r.,; -, -<;. LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01-1185 ROMINGER, INC. and KARL ROMINGER, Defendants RULE TO SHOW CAUSE And now this ~ day of:r...,..a.. , 2001, upon consideration of the Plaintiff's Motion to Strike the appeal filed by Rominger, Inc. and Karl Rominger, a rule is issued upon Defendant Rominger, Inc. and Defendant Karl Rominger to show cause why the relief requested by the Plaintiff should not be granted. Said rule is returnable within , 9'~~1II. ", - -0 I #) days from the date o~ this order"o ~ ~ . J. John A. Abom 8 South Hanover St. Suite 204 Carlisle, PA 17013 Rominger, Inc. 155 S. Hanover St. Carlisle, P A 17013 Karl Rominger 155 S. Hanover St. Carlisle, P A 17013 VINV/\lASNN3d JJ.NnO~ O~!iltEl8\Nna It ~G W~ 8 - Nor '0 ABU''''' ,,'" I "..,'.,. :10 ,uP '1'\I'V' ';1': \,e"~ ""11 . Iii..l,.V . ......l".........J....' -'...' .'... 30\:1:\0-03'1\:1 LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO.: 01-1185 ROMINGER, INC. and KARL ROMINGER, Defendants MOTIONS TO STRIKE APPEAL AND PRAECIPE FOR WRIT OF EXECUTION And now, comes Plaintiff, Liberty Holding Company, by and through its attorneys, Abom & Kutulakis, L.L.P., who files two alternative motions to strike the appeal filed by Co-Defendant Karl Rominger, an individual, and Co-Defendant Rominger, Inc., and in support thereof avers the following: 1. Plaintiff, Liberty Holding Company initiated an action on January 11, 2001, by filing a complaint before District Justice Paula Correal against both Rominger, Inc. and Karl Rominger, seeking monetary damages for unpaid rent, late fees, unpaid electric utilities and for costs to clean and repair the premises at 10 Courthouse Ave., Suite 103, Carlisle, Cumberland County. 2. Said action initiated by the Plaintiff arose under a commercial lease that is attached as Exhibit A and is incorporated herein by reference. 3. On February 2,2001, Co-Defendant Karl Rominger did not appear for a hearing scheduled on the aforementioned complaint. 4. On February 2,2001, no representative of Co-Defendant Rominger, Inc. appeared for a hearing scheduled on the aforementioned complaint. 5. On February 5, 2001, District Justice Correal entered ajudgment for the Plaintiff against both defendants in the amount of$3,916.12. A true and correct copy of the February 5, 2001, Notice of Judgment is attached as Exhibit B. PLAINTIFF'S FIRST MOTION TO STRIKE and PRAECIPE FOR WRIT OF EXECUTION 6. The averments of the preceding paragraphs are incorporated herein by reference. 7. On or about March 1,2001, Co-Defendant Karl Rominger filed a timely Notice of Appeal seeking to appeal the February 5, 2001, judgment rendered by District Justice Correal. Said Notice of Appeal was served upon Liberty Holding Company two days later. A true and correct copy of said Notice of Appeal is attached as Exhibit C. 8. Co-Defendant Rominger, Inc. did not and has not filed a Notice of Appeal. 9. The Notice of Appeal filed on behalf of Co-Defendant Karl Rominger did not serve to preserve any right Co-Defendant Rominger, Inc. may have had to appeal from the judgment rendered by District Justice Correal against Rominger, Inc. 10. On March 21,2001, Liberty Holding Company filed a complaint against Co-Defendant Karl Rominger, who had appealed, and Co-Defendant Rominger, Inc. so as to preserve Liberty Holding Company's claim against Rominger, Inc. in the event this Court would construe the Notice of Appeal attached as Exhibit B as a properly preserving Rominger, Inc.'s appeal of the February 5, 2001, judgment of District Justice Correal. WHEREFORE, your Plaintiff respectfully requests that this Court enter an Order determining that Rominger, Inc. has not properly preserved its appeal of the February 5, 2001, judgment of District Justice Correal and FURTHER issue a Writ of Execution to Cumberland County Sheriff for debt, interest, cost and attorney fees (as required pursuant to Paragraph 6(c) of Exhibit A) upon the property of Rominger, Inc. PLAINTIFF'S SECOND MOTION TO STRIKE APPEAL 11. The averments of the preceding paragraphs are incorporated herein by reference. 12. Of the total judgment of$3,916.12 awarded to Plaintiff on February 5, 2001, by District Justice Paula Correal, $2,817.90 was awarded on account of unpaid rent and late fees due and owing. 13. At no time has either Co-Defendant deposited with the Prothonotary a sum equal to the amount of rent due as determined by District Justice Correal. 14. Pursuant to Pennsylvania law, 68 P.S. ~250.513, every tenant who files an appeal to a court of common pleas of a judgment of a lower court involving an action (a) for the recovery of possession of real property or (b) for rent due shall deposit with the Prothonotary a sum equal to the amount of rent due as determined by the lower court. 68 P.S. ~250.513(a). WHEREFORE, because neither defendant has deposited $2,817.90 with the Prothonotary on account of the above-referenced matter, the Plaintiff respectfully requests that the Defendants' appeal be stricken and FURTHER requests this Court to issue a Writ of Execution to Cumberland County Sheriff for debt, interest, cost and attorney fees (as required pursuant to Paragraph 6(c) of Exhibit A) upon the property of Karl Rominger and Rominger, Inc. IN THE AL TERNA TIVE, the plaintiff respectfully requests that the Defendants be required to deposit with the Prothonotary $2,817.90, who shall place such sum in a special escrow account until further order of court. Respectfully submitted, Jo A. Abom South Hanover Street Suite 204 Carlisle, P A 17013 Supreme Ct. ID No. 77961 CERTIFICATE OF SERVICE 7r- AND NOW, this )( day of May, 2001, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing MOTION TO STRIKE upon the defendants by mailing said copies to the Defendants addressed as follows: Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Rominger, Inc. 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 F,~bM ,.;-(,: Mar. 19 2001 a:38AM P7 LIBERTY HOLDING COMPANY COMMERCIAL LEASE PARTIES. THIS AGREEMENT OF LEASE, made this 6th day of May, 1999, between Liberty HOlding Company (for the purpose of this Lease to be known as the "Lessor") and Rominger, Inc for the purpose of this lease to be known as the "Lessee"}. PREMISES WITNESSETH, that the said Lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto the said Lessee, all that certain space consisting of appro~imately (783) seven hundred eighty three square feet, known as 10 South Courthouse Avenue, Suite 103, Carlisle, FA 17013. TERM TO HAVE AND TO HOLD unto the Lessee, subject to the conditions of this Agreement for the term beginning on the 11th day of May, 1999. This Lease shall be in effect for an intial term of 1 year, beginning on May 11, 1999 through June 11 2000. This lease shall be in effect for a term of one (1) year. RENT IN CONSIDERATION of which, the said Lessee agrees to pay to the said Lessor for the use of said premises, a sum of eight thousand eight hundred eighty and 40/100($8,888.40)dollars, to be paid prior to the first day of the month for which it is due, as follows: May 1999 July 1999 September 1999 November 1999 January 2000 March 2000 May 2000 $333.40 500.00 783.00 783.00 783.00 7B3.00 783.00 June 1999 August 1999 October 1999 December 1999 February 2000 April 2000 $500.00 500.00 783.00 783.00 783.00 783.00 All rental payments are due and payable on the due date as specified in this paragraph. Any payment made after 5 p.m. on the 1st. day of the month shall be subject to a late charge of Ten (10%) percent of the rental payment(s) due and payable. Any payment not made by the 5th of the month shall be subject to a late charge of twenty (20%) percent of the rental payment due and payable. EXHIBIT I A page 1 FROM . ( Mar. 19 2.1211211 11":4iAM Pi I-/w-i, .~ I '.,j SECURITY DEPOSIT Lessee agrees to deposit with Lessor, at the time of signing this Agreement of Lease, the sum of seven hundred, eighty three and 00/100 dollars($783.00)as security for the faithful performance of all the terms, covenants and conditions of this lease, which sum shall be returned to Lessee at the expiration of the lease term and any subsequent hold-over, subject to the provisions of this Agreement of Lease and, in particular; this section. If Lessee defaults in the performance of any of the terms, covenants and conditions of this Agreement of Lease at any time, Lessor may, at its sole option, use, apply or retain the security deposit, or any portion thereof, as necessary for the payment of any rent or any other sum for which Lessee may be in default, or for any sum that Lessor may expend or be required to expend as a result Of Lessee's default of any of the terms, covenants and conditions of this Agreement of Lease, including but not limited to damages to the leasehold property caused by the negligent or intentional acts or omissions of Lessee, his invitees Or licensees. Lessee hereby waives all rights to any interest accumulated on the afore mentioned deposit for the entire term of the lease. UTILITIES The Lessor shall payor cause to be paid all charges for water, and sewer for the demised premises throughout the term of this lease. The Lessee hereby agrees to use good judgement in respect to said utilities. The Lessee shall payor casue to paid all charges for heat, air conditioning, electric, telephone service and janitorial service and to indemnify the Lessor and save it harmless against any liability or damages on such account. THE DEMISE HEREIN CONTAINED IS MADE AND ACCEPTED ON THE FOLLOWING EXPRESS CONDIT10NS; 1 . PLACE OF PAYMEN'1 The rent reserved shall be promptly paid on the several days and times specified herein without deduction or abatementt unless hereinafter provided on the contrary, at the principal office of the Lessor. Liberty Holding Company 1255 Claremont Road Carlisle, PA 17013 (717) 243-3000 page 2 FROM :..Ai .1'-.. Mar. 19 2001 11:39AM PB 2. INABILITY TO GIVE POSSESSION ~he Lessor shall not be liable to the Lessee for any damages which may be caused to the Lessee ~y the failu~e of the Lessor ~o give possession of the demised prem~ses at the t1me agreed upon, ~f said failure is not due to any fault on the part of the Lessor, unless hereinafter provided to the contrary. 3. HOLDING OVER AS RENEWAL A holding over by the Lessee beyond the term of this Lease or any hereinafter duly authorized additional term shall be deemed a renewal of the lease on a month to month basis, with said renewal being under and subject to all provisions contained in this Agreement of Lease, and shall be at the option of the Lessor. Lessee shall be deemed to have held over under this paragraph unless it shall have notified Lessor in writing of its intention to surrender the premises at the end of the term hereof at least ninety (90) days prior to the e~piration of the term hereof. 4 _ NEGATIVE COVENANTS OF LESSEE (al WASTE DAMAGE OR INJURY TO PREMISES; RESTORATION No waste, damage or injury to the premises shall be committed and at the end of the term the demised premises shall be restored, at the option of the Lessor, to the same condition 1n which they were at the commencement of the term, and the cost of said restoration shall be paid by the Lessee, which cost shall be treated as additional rent due and owing under the terms of the Lease. This paragraph is subject to the exception of ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause or happening not due to the Lessee's negligence. (b) LAWFUL POSSESSION; FIRE PREVENTION Said Lessee shall not carryon any unlawful or immoral business in or about the demised premises, and shall not carryon any business which will endanger the building from fi. re or cause a forfei ture of any fire insurance that the Lessor has or may hereafter have on said building. The Lessee shall use every precaution against fire or activities which would cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. The Lessee shall not operate any machinery or equipment that may be harmful to the buildi.ng or. disturbing to other occupants of the building; further, the Lessee shall not place weights in any portion of the demise premises beyond the safe carrying capacity of the structure. page 3 (c) ALTERATIONS AND IMPROVEMENTS The Lessee shall not have the privilege of improving the leased premises for Lessee's own pU7Pose~, . unless. the Lessor approves any proposed improvement(s) 1n wr1tlng, wh~ch approva: should not be unreasonably withheld or delayed and lmprovements are made at Lessee's expense. All additions, alterations, and improvements made in or to the demised premises by either Lessor or Lessee shall become the property of Lessor and be surrendered with the premises upon the expiration. or sooner termination <?f this lease; provided, however, that the Lessor shall have the rlqht to require the Lessee to remove such fixtures at the Lessee1s cost upon such termination of this lease. The Lessor agrees to make any repairs and be responsible for the cost of any repairs necessary to the property which are not caused by neglignece on the part of the Lessee. Lessee sgrees to inform Lessor for the need of such repairs immediately. The Lessee shall indemnify the Lessor against any mechanic's lien or other lien arising out of making any alteration, repair, addition, or improvement by the Lessee. (d) ASSIGNING, ETC. BY LESSEE The Lessee shall have the right to sublet the partitioned retail portion of the premises. If the Lessor is able to fi.nd another Lessee of his approval for the premises herein set forth and enters into a lease contract eith that Lessee, then on that date this lease shall be considered terminated without penalty to Lessor or Lessee. (e) USE RESTRICTIONS Lessee shall use the leased premises for the purpose of runnning an internet business, or any retail business. (i) Display no merchandise outside the demised premises nor in any way obstruct the halls or sidewalks adjacent thereto and store all trash and refuse in appropriate containers within the demised premises and attend to the prompt disposal thereof in manner designated by the Lessor. (ii) Display or affix no sign, advertising, placard, name, trademark, insignia, decal, advertising matter, or any other item or it~s on any exterior door, wall or window space in the demised premises or within five feet of the front of the demised premises in the case of an open storefront, or within any entrance to the demised premises without per.mission of the Lessor. Lessor shall have the right without notice to Lessee and without any liability page 4 FROM ..,1. '- PH' ' Mar. 19 2001 11:'40AM P9 for damage to the d~ised premises reasonably caused thereby, to remove any items displayed or affixed in violation of the foregoing provisions. (iii) Abide by all reasonable rules and regulations established by Lessor, provided that said rules and regulations apply unitormily to all tenants of the building and are reasonable and by no means arbitrary, with respect to the common area, facilities, improvements, and sidewalks. (iv) Prevent the demised premises from being used in any way which will injure the reputation of the same or from being used in any way which may be a nuisance, annoyance, inconvenience, or damge to the other tenants, including, without limiting the generality of the foregoing, noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment which may be heard outside the demised premises. 5. LESSOR'S RIGHTS (a) RIGHT OF INSPECTION It is agreed and understood that the Lessor, said Lessor's duly authorized agents, and said Lessor's heirs, executors, administrators, successors and/or assigns, may enter the premises hereby leased at any time during the term, for the purpose of inspecting and making of any repairs to the premises or adjoining apartments, provided that the Lessor gives the Lessee prior notice unless it is an emergency to enter the leased premises. (b) RULES AND REGULATIONS The Lessor may from time to time establish reasonable rules and regulations for the safety, care and cleanliness of the premises, and for the preservation of good order therein. Such rules and regulations shall, when notice thereof is given to Lessee, torm a part or this Lease. No rule or regulation shall be arbitrary, but shall be reasonable in every respect. 6. RESPONSIBILITY OF LESSEE (a) DAMAGE OR INJURIES TO PROPERTY All damages or injuries done to the premises by the Lessee and/or said Lessee's custome~s, clerks, servants, agents, employees, visitors of the Lessee, and individuals for whom the Lessee is responsible, other then those caused by ordinary wear and tear, shall be repaired by the Lessee herein. The Lessee page 5 FROM C -::;.; 7- ~ " .~ Frill1\;, Mar. 19 2.01211 11': 42AM P2 covenants and agrees to make said repairs upon twenty (20) days' written notice given to said Lessee by the said Lessor, and if the Lessee shall neglect to make said repairs or commence to make the same promptly or complete the same within twenty (20) days after receiving said notice, the Lessor shall have the rlght to make said repairs at the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as additional rent for the use of the premises during the entire term. (b) PAYMENT OF JUDGEMENTS, ETC. The Lessee shall bear, pay and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against said Lessor, arising from the Lessee's use or occupancy of said leased premises and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmless the Lessor, or said Lessor's agents, servants, employees, and the public at large by reason of or on account of the use or misuse of the premises hereby leased, or any part thereof, due to the negligence of the Lessee and/or the said Lessee's agents, clerks, servants, employees, visitors, cl1stomers, and individuals for whom the Lessee is responsible. (c) REIMBURSEMENT OF EXPENSES OF CURING TENANTS DEFAULT In case the Lessor, by reason of the failure of the Lessee, after due notice, to perform any covenant, term, or condition of the lease, shall payor incur any sum of money, or shall expend any sums for legal services due to litigation, then the sum or sums so paid or incurred, with interest, shall be added to the installment of rent next becoming due, and shall be collectible as additional rent, in the same manner and with the same remedies as if it had been ordinarily reserved. (d) DISCHARGE OF LIABILITY BY LESSEE In consideration of securing the within Lease at the above-stated rent, the Lessee does hereby release and discharge the Lessor, its agents, servants and/or employees, and said Lessor's heirs, executors, administrators, successors and/or assigns, from any and all liability by reason of any injury, loss and/or damage to any person and/or property in the demised premises, whether belonging to Lessee or any other person, caused by any fire the b~eaking, bursti~g, stoppage and/or leakage of any water pipe: gas p~pe, sewer, bas~n, water closet, steam pipe and drain in any part or portion of the demised premises and/or any par.t or portion of page 6 FROM ~l. . , I.....,.n... 1""",_ Mar. 19 2001 11~42AM P3 the building, of which the demised premises is a part, and from all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets and drains, or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the buildinq, unless directly attributable to Lessor's negligence. (e) The Lessor shall bear, pay, and discharge when and as the same become due and payable all judgements and lawful claims for damages or otherwise against said Lessee, arising from the condition of the premises prior to the date of lease, or resulting from the Lessor's negligence or intentional act, and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmless the Lessee, or said Lessee's agents, servants, employees and public at large. 7 . COMPLIANCE WITH GOVERNMENTAL REGULATIONS The Lessor warrants that the premises comply with all current orders, rules, regulations and requirements of every kind in effect at the time that the Lessee takes possession of the premises. If the premises are found to not be in such aforementioned compliance at the time of possession by the Lessee, The Lessor hereby agrees to pay the full cost of achieving compliance. The Lessor is not responsible for any new orders, rules, regulations, and requirements passed after the date of possession of the premises. 8. LlAEILITY INSURANCE The Lessor shall carry fire and hazard insurance for the replacement cost of teh premises, and shall carry liability insurance to afford proptection with limits of not less than One million dollars($l,OOO,OOO.OO). 9. FIRE INSURANCE Lessee shall carry fire insurance for Lessees's contents with extended coverage on the leased premises in an amount not less then $25,000.00 Lessee agrees to have Lessor added as an additional inl!ured on said insu:r:ance policy. Lessee agrees to release subrogation rights on said insurance policy to Lessor in case of damage caused to the demised premises by virtue of fire, lightning, or. perils of extended coverage. 10. CASUALTY DAMAGE TO LEASED PREMISES page 7 FROM ...... ~ I~ . ~'HuMt": Mar. 19 2001 11:43AM P4 In the event that the premises occupied by the Lessee shall, during said term be destroyed by fire or other casualty, thereby making the premises untenantable and unfit for occupancy so that the owners thereof deem it advisable to construct a new building, the Lessee or Lessor herein shall have the right to terminate this Lease upon giving 15 days notice in writing to the other party, and the term of this Lease shall cease upon the expiration of 15 days after the date of said notice. In the event, however, that the said building shall be damaged by fire, but not destroyed, the Lessor shall cause the building to be repaired and restored to its former condition, then to act with the greatest possible diligence. The monthly rent shall be abated for the period from the date that the damage occurred to the date that the required repairs or restoration work is completed. The amount by which the monthly rent shall be abated shall be determined on the basis that the ratio of the floor area untenantable bears to the floor area of the entire premises. Provided, however, that even if the building is not deemed to be destroyed, if the fire damage to the building is such that the Lessee cannot reasonably and practica11y use the building, the Lessee or the Lessor shall have the right to terminate this Lease by giving 15 days notice in writing to the other party as set forth above in this paragraph. The Lessee herein agrees that in the event that the building shall be so partially destroyed by fire as to render said repairs necessary that the said lessor shall thereupon have the right through his servants and agents, and that the servants and agents of any contractor employed by the Lessor shall have the right to take possession of the premises for the purpose of making such repairs, and the so taking of possession shall not be an eviction of the Lessee herein and shall in no manner affect this term of LeaSe. 11. LESSOR'S TERMINATION OF LEASE The said Lessee hereby accepts notice to quit, remove from, and surrender up possession of the said demised premises to the said Lessor, its successors and assigns, at the expiration of the said term, whenever it may be determined, whether by forfeiture or otherwise, upon 30 days notice to that effect, all further notice being hereby waived. And on failure to pay rent, for the space of ten days, after written notice, besides the distress, or upon breach of any other condition of this Lease the Lessee shall be a non-tenant, subject to dispossession by the Lessor, without further notice or process of law, with release of error and of damages, and the said L~$sor may re-enter the premises and dispossess the Lessee without theraby becoming a trespasser. 12 . WAIVER OF DEMAND FOR RENT The Lessee does also hereby waive any and all demand for page 8 FROM t ....,'~. "l'....., c: PHOI'lE NO. ': Mar. 19 2.001 11": 44AM P5 ~~ -. '-~........ T - __i..._..,..._ payment of the rent herein provided for, either on the day due or on any other day, either on the land itself or in any other place, ~~d agrees that such demand shall not be a conditi~n of, re-entry or of recovery of possession without legal process~on w~thout legal process or by means of any action or proceedings whatsoever, except as provided to the contrary in Paragraph 11 of this Lease Agreement. 13. REMEDIES CUMULATIVE All remedies of Lessor herein shall be cumulative and concurrent. 14. LIABILITY RELIEF The Lessee hereby relieves the Lessor from all liability by reason of any injury, loss and/or damage to any person or property in the demised premises, which may arise from or be due to the use, misuse or abuse of the elevator(s), hatches, openings, stairways, hallways, that may be (or have been) constructed in the building, or from any kind of injury, loss and/or damage, which may arise from any other cause on the premises or in the building unless directly attributable to Lessor's negligence. 15. CONDEMNATION In the event that the premises demised or any part thereof is taken or condemned for a public or quasi-public use, this Lease shall, as to the part so taken, terminate as the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet of the leased space taken or condemned or shall cease if the entire premises be so taken. If a part taken substantially and reasonably interferes with the function and efficiency of the Lessee's business, the Lessee may terminate the lease on thE:! remaining portion of the originally demised premises, by delivering a fifteen (15) day written notice to the Lessor, and any dispute under this paragraph shall be subject to the arbitration in accordance with the rules of the America Arbitration Association. In any event, the Lessee waives all claims against the Lessor by reason of the complete or partial taking of the demised premises. 16. QUIET ENJOYMENT The Lessee, upon paying the said rent and performing the covenants of this ,lease, on its part to be,performed, shall and may peaceably and qu~etly have, hold and enJoy the demised premises for the term aforesaid and any herein duly authorized additi,onal tenn. page 9 FROM - -'-' PHONE NO. .: Mar. 19 2001 1t:44AM P6 1 7 . LEASE CONTAINS ALJ~ AGREEMENT S It is expressly understood by the parties that the whole agreement is embodied in this agreement (executed in duplica~e) and that no part or items are omitted unless the same be here~nafter modified by written agreement(s). 18. GENDER AND NUMBER The neuter gender, where used herein, shall be deemed to be masculine or feminine, and the singular number, where used herein, shall be deemed to be plural, whenever, the sense of the instrument so requires; further, the masculine or feminine gender, where used herein, shall be deemed to be singular whenever the sense of the instrument so requires. 19. HEIRS, ETC. This Lease Agreement shall be binding upon the heirs, executors, administrators, successors, and/or assigns of the parties hereto. 20. HEADINGS, NO PART OF LEASE Any headings, preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaninq, construction or effect. 21. SIMILAR PROVISIONS If the subject matter of a provision of the Rules and Requlations is discussed in a provision in the body of the Lease both provision shall be effective as far as the SaIne remai~ consistent; however, if the provisions are contradictory, then the provision in the body of the Lease shall control. IN WITNESS WHEREOF, I/we set my/our hand(s) and seal(s) the day and year first above written. \~~~~ Witness ~f~' By (SEAL) Lessee: rl . Rominger, President Rominger, Inc. BY~~ .N'\ t\.1~ (SEAL) Lessor: ~hael ~l~~, ~artner Liberty Holding Company 10 page 1C r'" COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cmmBRLAND 1. r~~\ M;,g, Oi$I, No,: t ~ 09-2-01 OJ Naml!: Ho~, ',' . ,., , :PAULA P. CORREAL ~(\!sa:. 1 cotJRTBOUSB SQUARE '.C.ARLISLB, PA ".j ." T'~~ho~;~717) 240 - 6564 17013-0000 }:~: ':, .: . 'LIBERTY HOLDING CO/ J M ADLER "., '1255"CLUEMONT RD ';~',>p ~:().. .: BOX 158 l.'! CARLISLE, PA 17013 , ';~ "... .'. "" "" ':, {:,:' .':: THIS: IS,TO'NOTIFY YOU, THAT:.. --:,:-:"'.' ',' .,' Judgment: '., ., --, . ..,. . ," 00 Judgment was entered for: (Name) [i] Judgment was entered against (Name) .J NOTICE OF JUDGMENT /TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS l1.IBER'l'Y HOLDING CO -, 1255 CLAREKOIft' RD P..O.. BOX 158 ~ISLE, PA 17013 -.J vs. OEFENDANT: NAME and ACORESS !ROllINGER DIe, KARL B ROllINGER 155 S HANOVER ST CARLISLE, PA 17013 L Docket No.: CV- 0000018 - 01 Date Filed: 1/08/01 1 -.J ~- ~ 'FOR PLAYNTIll'lt. ~........ ',f. r.T'RIlR'I'V HOr,JlTun CO in the amount of $ '3. Q11L 12 on: RnMTN'aRR TN~, 'lrlLRL 2 Rnv-rwmm 2/nrs/n1 ,. .. , Date: Place: " Time: '. :;' ,',':.:.:: "",':' .} [:", :', 0 ?efe,nda.~~..arejointIY ~nds~~erallY liabl,e.,. o Damages will be assess.~~"<;~:/~' .':: .., :'~ :0 ' This ca'se dismissed with9ut prejudice: ,~... .. D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ o Levy is stayed for days or 0 generally stayed. '.: .,:;. :,", ," . :,',~,N;':;:- o Objection to levy has been filed and hearing will be held:, . .~.. . :.;f;fr,; ;.,'!'ot. :' .;:. (Date of Judgment) (Date &' Time) " Amount of Judgment ,$ 3 . 84 6 ..l_~ ~ Judgment Costs $ 70.00 Interest on Judgment '$ .00 , -Attor.ney Fees, 9) .00 Total. ' $ 3,916.12 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------- Certified Judgment Total $ ". . :~ ' '. . ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTR~ OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARY/ClERK OF THE COURT OF COMMON PLEAS, ClVIl,DIVISION. YOU MUST INCLUDE A 'COPY OF nils NOTICE OF JUDGMENT/T SCRIPT FORM WITH, YOUR NOTICE OF APPEAL. ' r::~:' ..... ~f: 2-5-61. . Date ' , I certify that this is a tru 2-5-01 Date My commission expires first Monday of January, , AOPC 315-99 .... " , . District Justice ning the judgment. , District Justice 2006 EXHIBIT B SEAL " , ',,' ,;" ,::,:::: ' ", ""'$f~:i~r IY_"CI~JUDGMfPtIT, , ':{.',:::,',::- ":"':: ~":':"~':"'" ',<, ':"::" ", ,~:',: ,':: ~ "..", " .,l,,: ,';:. :'" , , ,. ,'..,', .. "..'" ";.'COMMCl!NPUAS,,",,,,'Ot""',/I,(Jfj:!.~ :",", .'.'j,,) " ','-;' :', . . .' " ." I.' . -.r, .,: U" , ,-'. .... ...'1~.' . : ,;.,:.. i. ;:' .' ''', ',,;,:::' " :,,: ,;, ,', ",:;, " . ,:NOTICii:,~'~ '~'AP.PE~~'''':' ::::~i,',: '.l;.:'~:;,:'; .>:,,:~::,~;, t.l'~.i:;:~;';".\,:, ',~::,;~ ";{~;":.':"":' : "." .i" ',',' , ' "":': ,.,'J":, , , ,,: ,': ' ",", , , : ", ," " (" "hI:'" ','..~.:'::~',~: '~":: ,:,:,1 :.\ .i~ ~::"~,:-::,'.f::i.':t~~\...:,,::,.',,, ,'ir:~ !,,:'.:, :';:'JT.,::,,\; :', :"":~~';' , ~' ~',:,:, :< , .t'btb iJ'~ "'~~,'~r~~(t'id$ ,flkifJ' il1"t~,d~ c6iJit::,~t:C"';':':'\" '::' .,~,,-::\,,::"tl~:;~:\~':~, ~'~~~Dijt~1:Mt~~',~~.~':.;, .... ,~~~~?..,':S'V'?, 'C ::;J~1.:;;:st:S:~f!Q\;~M~(:s~:,,'1+J~t;~~'!:;;:i:i::k::~!;~~~~4\ 'iI?i;: . ....', . "'.. ,:.]:-,::.. , .. '/,1 ,,;;/' . ".,. . , 'COMMONWIALTH 0; "NN5nVA"'I~" , , , " .. ..... . . , .", ,_.. .',. ,. ,~o.,"T Of COMMON 'Uj .. ' " "" C' V.... I ~ ...'~...;' II" , r , ..._,..,. r'{7" , .,.....'~~" .. ", ,'..,.. ..,',"'.',"..JUDlCI~, 15~ICT.~'"" .,' I. . :.._......._...,..~.~..." . :'4ri:;.7~.'..~n""'ir~.. ,:of ~:.. '..,.,', ",' ,', 'NOTler " , ~, ~PPEAL ::,.; ,~,', :~~'::::(:~?f:!'?::} '.. '.., '. "'~.: .: .' '.' . .'.: "FROM' , " ,; ." ...." ("'. /./; '. Iii III ',;' ,: ,I'J .." , ,.., .., .. .... ". . ..,';'...... ~ "", 'j . ' (0fI/fIndR}: J' " .. " : ~ ' . ~... "i-h.'). '.1,(" '/0' " __f.:, /!.~'",.4..s,JL-, c.' ... . ') "../11j r , cv 1.9." I'i(J/1"l~ Il~ ,..IJ I , Ll19 This bIoclc .....m be sigled ONLY when this notation is required under Pcs.', R.C.P J.P. No. 10086. . " .. Thi5 Notice of Appea~ when received by the DistTict Justice. will ~as a . SUPERSEDEAS to the judgn-lt for posses$ion in this case. ' , .' .:. '. ....: s/fTllllUte 01 F'rgt/uJOIaIy or Deputy " appellant w$s CLAIMANT, :(~ Pa.: ,RP.P.J.P. fJo.. 1001 (~) '!n ~on bef~'bi$f!i~t 'J~e. :~'MUSJ FILE.,A COM~L(\~NT' ~thin Mrenty (2,0)' da~:"aft~ , filing his NO,T1CE of APPEAL, ' " , '. PRAECIPE TO ENTER RULE 1'0 FI~E, COMPLAINT AN~ RULI'TO FILE (This section of fonn to be used ONLY when appellant was DEFENDANT (see Pa. R,C.P .JP, No. 1001 (7) in action before Dlsttict Justice, IF NOT USED, detach from copy of notice of appeal to be seNed upon appe{lee). PRAECIPE: To Prothonotary,'" ' , Enter rule upon lll'~'f ~ 1 Y j/~ ll> IftJl~ /~~< . appellee(lI). to';'~' a, C:ompIqint'in th~ ~ ' , ""'aJ~S)' " , , , " , (J I, I I 8)" ) within twenty (20) days,ofter service of ",Ie or suffer entry of judgment of ~ pros. , !. ",' ,.'" ~,..._,:/ ." ,',." , ,- ""'.-'. ,..,.. . . ~...............-- 1 '~...' ". ': ~ 01. ~ Of,,., a/tomtIy (Jt ~ (Ccxnmon Pleas No. RULEs To j 1.1 J;rJ 7 t I' j I 0 It> IIl'I/'. , / NIJme of lQJeIIee(., {/ Or , . :apPeIIee(:;}. (1) You CII'e notified that 0 rule is heteby ~ upon)lOU to file a ~pkDnt,'in this opped within twenty (20) dayl.'the dm*'of, service of this rule upon )lOLl by personoI service or by certified or Ieg~ maiL ' : ' ,: (2) If you do not file 0 complaint within this tilM. 0 J~'?F NON p~S WILL Be ENTnED AGAINST YOU. ... . Date: 3 -I. () I .~_. .....1 /2 ' ..~..'.) I /......., ,'. ~'l ....s--,., \L..J' , :' ! ll. ~//5"~ ' .., ! . ~ '-',...... !~.. ~"lf ' ,'. , '",r' ,., , " d ~'or,~ . ..' . . '!." " ". ,.. (3) The date of 5efVite of thi$ rule if service WQ$ by mQi1 is the & of mcn1ing. , ! EXHIBIT C .','" ...... 1 " oIOPC3124lo1 '.' .' COPY' T('f,~t;,$~~nlJ', 'oN:, ~'PELLEE' , ';, :' , " .., ",J'" .. '.,', :",' , ',' ",,',, LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants ANSWER TO MOTION TO STRIKE APPEAL AND NOW, comes Defendant, Karl E. RominlZer and files an Answer to the Motion to Strike the Appeal filed by Plaintiff in support thereof avers as follows: 1. Admitted in part and denied in part. It is admitted that Plaintiff, Liberty Holding Company initiated an action, but strict proof of the parties it was initiated against is demanded, insomuch as the judgment is entered against "ROMINGER INC, KARL E ROMINGER"as a sole Defendant. 2. Admitted for purposes ofthis Motion. 3. Admitted for purposes of this Motion. 4. Admitted for purposes of this Motion. 5. Admitted insomuch as ajudgment for $3,916.12 was entered. Denied insomuch that it was entered against both Defendants, insomuch as the judgment reads "ROMINGER INC, KARL E ROMINGER" and it is unclear as to which person or entity this judgment applies, particularly as the transcript shows that the judgment was not entered as jointly and severely against multiple parties, but only against one party with the above referenced name, 6. Requires no answer. , 7. Admitted insomuch as a timely Notice of Appeal was entered, and by way of further answer, said appeal was made by the party Defendant. 8. Denied. By way of further answer, the judgment was entered against "ROMINGER INC, KARL E ROMINGER" as a sole entity. By way of further answer, Plaintiff is aware that Karl E. Rominger is the President of Rominger Inc. 9. This is a conclusion oflaw and requires no answer. By way of further answer, the judgment was entered against "ROMINGER INC, KARL E ROMINGER" and neither specifically against Rominger Inc., or Karl E. Rominger as an individual, but instead as some entity which does not necessarily exist, and it was entered solely and not jointly and severely against multiple entities or persons. 10. Admitted in part and denied in part. It is admitted that an appeal was filed, it is denied that the appeal was not filed on behalf of Rominger Inc., insomuch as an appeal was taken from the entry of a judgment against one party entitled "ROMINGER INC, KARL E ROMINGER" and the appeal is effective to that party, insomuch even though there is no such entity as "ROMINGER INC, KARL E ROMINGER" sole and distinct from Rominger Inc. and/or Karl E. Rominger a person sui juris, the Notice of Appeal is thus effective. By way of further answer, it is noticed that despite the entry of judgment against a sole and distinct entity, Plaintiffs took this to mean Rominger Inc. and Karl E. Rominger as separate entities, and have thus preserved all of the parties rights and are not prejudiced. Deciding against Rominger Inc., or Karl E. Rominger as individuals based on the sole judgment entered against a non-existent entity, would prejudice one or more of the Defendants. WHEREFORE, your Defendant respectfully requests that this Honorable Court dismiss Plaintiff's First Motion to Strike with prejudice. 11. Requires no answer. 12. Admitted insomuch as the judgment was entered against "ROMINGER INC, KARL E ROMINGER", 13. Admitted. 14. Admitted in part and denied in part. Plaintiffs have misstated the law, insomuch as this procedure is governed by Rule Pa. R.C. P. D. J. No. 1002 which lays out the time and method of appeal. Further, Rule 1003 says no bond or other security shall be required for an appeal. Plaintiff thus incorrectly states the law, as the only requirement that monies be posted on rent is so that a supersedeas as to possession may be granted, Plaintiff could Praecipe for a Right of Entry, if possession had not already been reduced to Plaintiff. In this case the need for a supersedeas is entirely moot as possession has already been reduced to Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's Second Motion to Strike an Appeal with Prejudice as lacking any basis in the law. Respectfully submitted, -~? ~ > 6l.Lc-r '" Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Pro Se Date:June 25, 2001 LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants JOINT BRIEF IN SUPPORT OF DEFENDANTS ANSWER TO PLAINTIFF'S MOTION TO STRIKE THE APPEAL IN THE ABOVE REFERENCED CASE Plaintiffs have essentially alleged two separate grounds to strike the appeal brought by Rominger, Inc. and Karl E. Rominger, in regards to a District Justice judgment of February 5, 2001. The first grounds for striking the appeal was that not all of the parties appealed. First, generally when an appeal is granted as to one party in interest, and a new trial is granted, or as in this case an appeal is taken de novo, it opens the matter as to all parties. That said, there are peculiarities of this case which make the Notice of Appeal effective. Most importantly, a judgment was entered against "ROMINGER INC, KARL E ROMINGER" as the sole entity that judgment was entered against. Typically, in District Justice procedure, if there is more than one Defendant listed on a cause of action, each receives a Notice of Judgment on a separate piece of paper, and if the Defendants are jointly/severely liable, an additional box would then be checked on each Notice. In this matter the case was reduced to a sole judgment against the entity "ROMINGER INC, KARL E ROMINGER". The Notice of Appeal clearly named the Defendants and was signed by Karl E. Rominger. Most importantly, a copy of the judgment was attached to that appeal. It is now ludicrous for Plaintiffs to claim that they did not know who appealed or that somehow the appeal is defective in some way. In fact Plaintiffs proved the Defendant's position insomuch as they timely filed the Complaint against Rominger, Inc. and Karl E. Rominger separately. It is thus impossible for them to claim prejudice. In addition, at no time did Plaintiff, Liberty Holding Company, seek to modify or correct the judgment of the District Justice or otherwise have joint and severable judgments entered against the entities Rominger, Inc. and/or Karl E. Rominger. As the underlying Judgment Notice was ambiguous, the appeal was adequate to put the Plaintiffs on notice that de novo review of this matter would be sought. The Court should be ever mindful that even if it found the Notice of Appeal somehow defective, dismissal of a Notice of Appeal for defectiveness absent any true prejudice to the parties is unwarranted. PLAINTIFFS SECOND MOTION TO STRIKE In their Second Motion to Strike, Plaintiffs have "found" a requirement to post a bond for a rent in order to sustain jurisdiction for an appeal. In commercial lease matters, a Defendant has thirty (30) days to file a Notice of Appeal. If the Defendant wishes to maintain possession pending the outcome of the appeal, they must file money or a bond sufficient to sustain a supersedeas. Plaintiff mistates the law, as the procedure to file an appeal and the requirements of security, etc. are controlled by the Pa Rules of Civil Procedure before District Justices and in particular Rule, Pa. R.C.P.D.J. No. 1002 which gives the time and basis for an appeal, and procedures where a supersedeas is desired. In addition, Rule 1003 says "no bond or other security shall be required for an appeal". Thus, the procedure for perfecting an appeal could not be more clear. Plaintiffs have thus asked this Court to strike this matter on a procedural basis which they attempt to draw from statutory law. However, our Supreme Court has developed and promulgated specific procedural rules which are referenced above, and which control. It should be noted that if possession were even still an issue, Plaintiffs could follow the rules to obtain possession absent a supersedeas. CONCLUSION For all of the foregoing reasons, Plaintiffs Motions should be denied with prejudice. Respectfully submitted, /---" -"--; "' :::.----.-.. ~ .~ '}' /-- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 10 # 81924 j, Attorney for Rominger, Inc. Pro Se ,; Date: June 25, 2001 LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby certifY that I this day served a copy of the Answer to Motion to Strike Appeal and Brief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John A. Abom, Esquire Abom & Kutulakis 8 South Hanover Street Carlisle, PAl 70 13 ~~ Karl E, Rominger, Esquire Pro Se Dated: June 25, 2001 LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants ANSWER TO MOTION TO STRIKE APPEAL AND NOW, comes Defendant, Rominger, Inc. and files an Answer to the Motion to -~ Strike the Appeal filed by Plaintiff in support thereof avers as follows: 1. Admitted in part and denied in part. It is admitted that Plaintiff, Liberty Holding Company initiated an action, but strict proof of the parties it was initiated against is demanded, insomuch as the judgment is entered against "ROMINGER INC, KARL E ROMINGER"as a sole Defendant. 2. Admitted for purposes of this Motion. 3. Admitted for purposes of this Motion. 4. Admitted for purposes of this Motion. 5. Admitted insomuch as a judgment for $3,916.12 was entered. Denied insomuch that it was entered against both Defendants, insomuch as the judgment reads "ROMINGER INC, KARL E ROMINGER" and it is unclear as to which person or entity this judgment applies, particularly as the transcript shows that the judgment was not entered as jointly and severely against multiple parties, but only against one party with the above referenced name. 6. Requires no answer. 7. Admitted insomuch as a timely Notice of Appeal was entered, and by way of further answer, said appeal was made by the party Defendant. 8. Denied, By way of further answer, the judgment was entered against "ROMINGER INC, KARL E ROMINGER" as a sole entity. By way of further answer, Plaintiff is aware that Karl E. Rominger is the President of Rominger Inc. 9, This is a conclusion of law and requires no answer. By way of further answer, the judgment was entered against "ROMINGER INC, KARL E ROMINGER" and neither specifically against Rominger Inc., or Karl E. Rominger as an individual, but instead as some entity which does not necessarily exist, and it was entered solely and not jointly and severely against multiple entities or persons. 10. Admitted in part and denied in part. It is admitted that an appeal was filed, it is denied that the appeal was not filed on behalf of Rominger Inc" insomuch as an appeal was taken from the entry of a judgment against one party entitled "ROMINGER INC, KARL E ROMINGER" and the appeal is effective to that party, insomuch even though there is no such entity as "ROMINGER INC, KARL E ROMINGER" sole and distinct from Rominger Inc. and/or Karl E. Rominger a person suijuris, the Notice of Appeal is thus effective. By way of further answer, it is noticed that despite the entry of judgment against a sole and distinct entity, Plaintiffs took this to mean Rominger Inc. and Karl E. Rominger as separate entities, and have thus preserved all of the parties rights and are not prejudiced. Deciding against Rominger Inc., or Karl E. Rominger as individuals based on the sole judgment entered against a non-existent entity, would prejudice one or more of the Defendants. WHEREFORE, your Defendant respectfully requests that this Honorable Court dismiss Plaintiff's First Motion to Strike with prejudice, 11, Requires no answer. 12. Admitted insomuch as the judgment was entered against "ROMINGER INC, KARL E ROMINGER". 13. Admitted. 14. Admitted in part and denied in part. Plaintiffs have misstated the law, insomuch as this procedure is governed by Rule Pa. R.C. P. D. J. No. 1002 which lays out the time and method of appeal. Further, Rule 1003 says no bond or other security shall be required for an appeal. Plaintiff thus incorrectly states the law, as the only requirement that monies be posted on rent is so that a supersedeas as to possession may be granted. Plaintiff could Praecipe for a Right of Entry, if possession had not already been reduced to Plaintiff. In this case the need for a supersedeas is entirely moot as possession has already been reduced to Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's Second Motion to Strike an Appeal with Prejudice as lacking any basis in the law. Respectfully submitted, B~J(F -> _..~ /~- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Rominger, Inc. Date: June 25,2001 LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants JOINT BRIEF IN SUPPORT OF DEFENDANTS ANSWER TO PLAINTIFF'S MOTION TO STRIKE THE APPEAL IN THE ABOVE REFERENCED CASE Plaintiffs have essentially alleged two separate grounds to strike the appeal brought by Rominger, Inc. and Karl E. Rominger, in regards to a District Justice judgment of February 5, 2001. The first grounds for striking the appeal was that not all of the parties appealed. First, generally when an appeal is granted as to one party in interest, and a new trial is granted, or as in this case an appeal is taken de novo, it opens the matter as to all parties. That said, there are peculiarities of this case which make the Notice of Appeal effective. Most importantly, a judgment was entered against "ROMINGER INC, KARL E ROMINGER" as the sole entity that judgment was entered against. Typically, in District Justice procedure, ifthere is more than one Defendant listed on a cause of action, each receives a Notice of Judgment on a separate piece of paper, and if the Defendants are jointly/severely liable, an additional box would then be checked on each Notice. In this matter the case was reduced to a sole judgment against the entity "ROMINGER INC, KARL E ROMINGER". The Notice of Appeal clearly named the Defendants and was signed by Karl E. Rominger. Most importantly, a copy of the judgment was attached to that appeal. It is now ludicrous for Plaintiffs to claim that they did not know who appealed or that somehow the appeal is defective in some way. In fact Plaintiffs proved the Defendant's position insomuch as they timely filed the Complaint against Rominger, Inc. and Karl E, Rominger separately. It is thus impossible for them to claim prejudice. In addition, at no time did Plaintiff, Liberty Holding Company, seek to modify or correct the judgment of the District Justice or otherwise have joint and severable judgments entered against the entities Rominger, Inc. and/or Karl E. Rominger. As the underlying Judgment Notice was ambiguous, the appeal was adequate to put the Plaintiffs on notice that de novo review of this matter would be sought. The Court should be ever mindful that even if it found the Notice of Appeal somehow defective, dismissal of a Notice of Appeal for defectiveness absent any true prejudice to the parties is unwarranted. PLAINTIFFS SECOND MOTION TO STRIKE In their Second Motion to Strike, Plaintiffs have "found" a requirement to post a bond for a rent in order to sustain jurisdiction for an appeal. In commercial lease matters, a Defendant has thirty (30) days to file a Notice of Appeal. If the Defendant wishes to maintain possession pending the outcome of the appeal, they must file money or a bond sufficient to sustain a supersedeas. Plaintiff mistates the law, as the procedure to file an appeal and the requirements of security, etc. are controlled by the Pa Rules of Civil Procedure before District Justices and in particular Rule, Pa. R.C.P.D.J. No. 1002 which gives the time and basis for an appeal, and procedures where a supersedeas is desired. In addition, Rule 1003 says "no bond or other security shall be required for an appeal", Thus, the procedure for perfecting an appeal could not be more clear. Plaintiff s have thus asked this Court to strike this matter on a procedural basis which they attempt to draw from statutory law. However, our Supreme Court has developed and promulgated specific procedural rules which are referenced above, and which control. It should be noted that if possession were even still an issue, Plaintiffs could follow the rules to obtain possession absent a supersedeas. CONCLUSION For all of the foregoing reasons, Plaintiffs Motions should be denied with prejudice. Respectfully submitted, ?~ .~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 J Attorney for Rominger, Inc. ;P Pro Se Date: June 25, 2001 LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INe., and KARL ROMINGER, Defendants CERTIFICATE OF SERVICE I, Karl E, Rominger, Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Answer to Motion to Strike Appeal and Brief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John A. Abom, Esquire Abom & Kutulakis 8 South Hanover Street Carlisle, PAl 7013 ~)<--- ~ Karl E. Rominger, Esquire Attorney for Rominger, Inc. ~ Dated: June 25,2001 LffiERTY HOLDING COMPANY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROMINGER, INC. and KARL ROMINGER : NO. 2001-1185 CIVIL TERM ORDER OF COURT AND NOW, this 18TH day of JULY, 2001, after consideration of Plaintiff s Motions to Strike Appeal and Praecipe for Writ of Execution and Defendants' Response thereto, the Court Administrator and the Prothonotary's Office is directed to place this matter on the Argument Court List for Wednesdav. August 29. 2001, Edward E. Guido, J. Y- o r\<>>' ~ t~~~\ ~ John A. Abom, Esquire 8 South Hanover Street Carlisle, Pa. 17013 Karl Rominger, Esquire 155 South Hanover Street Carlisle, Pa. 17013 Court Administrator :sld /J' \,,', . r~ ~ 1 'I ~.~. . 'I LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01-1185 ROMINGER, INC. and KARL ROMINGER, Defendants STIPULATION And now this 29th day of August, 2001, the parties to the above- captioned action hereby agree and stipulate that the document attached hereto and marked as Exhibit D is a true and correct copy of the original Complaint filed on January 11,2001, before District Justice Paula Correal, which shall become part of the record in the above-captioned action. Jo A. Abom, Esquire -- ttorney for the Plaintiff ?~ Karl E. Rominger, Esquire Pro Se and Attorney for Defendant Rominger Inc. _.", ... .,.... .COMtv1.QNWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL COMPLAINT - 09-2-01 PLAINTIFF: NAME and ADDRESS' r . . I '., Liberty Holding Company 1255 Claremont Rd. P.O. Box 158 LCarlisle, PA 17013 VS. .' . "~ Mag, Dist. No,: OJ Name: Hon, PAULA P. CORREAL Address: EAST WING - COURTHOUSE '1 COURTHOUSE SQUARE CARLISLE, PA 17013-0000 Telephone: (717) 240 - 6564 -.l DEFENDANT: 'Rominger rnc Karl E. Rominger, President 155 S. Hanover St. L Carlisle, PA 17013 NAME and ADDRESS ~ Docket No.: Date Filed: CV-18-01 1/11/01 .~ .. AMOUNT DATE PAID / / / / 01 /11 / 01 FILING COSTS $ SERVING COSTS $ TOTAL $ 70.00 TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 3.846. 12 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated) : <1 The total amount requested represents rent, late fees, damages and utilities as described hereafter for office space which Mr. Rominger leased at 10 S. Courthouse Ave, Suite 103, Carlisle PA 17013: the charges are as follows $2,817.90 228.22 200.00 400.00 100.00 100.00 $3,846.12 I, J. Michael Adler verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. ~ 4904) related to unsworn falsification to authorities. -~ t-t\~ (Signature of Plaintiff or Authorized Agent) -:s M\C-\~b- I\cus:a. rAA.: I Rent and Electric Damages: late fees for 6/2000 - 7/2000 - 8/2000 - 9/2000: for the same months cleaning cpt repairing walls & painting removing sign (painted on) from window cleaning empire suite Plaintiffs Attorney: EXHIBIT Address: I D Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATi=L Y A I It(ll:: .-.....J"... TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS\ YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. '. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you 0110. I ou are disabled and require assistance, please contact the Magisterial Cis . ct ice a e dress above. " I hereby certify that this is a true & correct AOPC 308A-98 Date: 8/29/01 .---.. o ~ -or-"- Iii f~ , ;:6 i~ Cl.i:' -<." - ~~c .. :::>0 _~~ ::::-~'" \... . ".:..- ' j:.~ (~- c: :r.-- C") r--..) ,.::.-; \ ""; .c~ :2 ( ~: ~~ LIBERTY HOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROMINGER, INC., KARL E. ROMINGER, Defendant( s) NO. 01-1185 CIVIL TERM IN RE: PLAINTIFF'S MOTIONS TO STRIKE APPEAL AND PRAECIPE FOR WRIT OF EXECUTION BEFORE HOFFER. P.J.. OLER and GUIDO. JJ. ORDER OF COURT AND NOW, this 30th day of August, 2001, upon consideration of Plaintiffs motions to strike the appeal in this case, and Plaintiffs praecipe for writ of execution, it is ordered and directed as follows: 1. Plaintiff s motions to strike the appeal are denied; 2. Plaintiffs praecipe for writ of execution is stricken as incompatible with Pa. R.C.P.D.J. 1008A (appeal as supersedeas); and 3. Pursuant to the indication of Plaintiffs counsel at oral argument on August 29, 2001, that it was not Plaintiffs intent that Karl E. Rominger be named individually as a Defendant in this litigation, the caption is amended to delete Karl E. Rominger as a defendant. BY THE COURT, J. 011/ >-.. . VlN\/i\l)\S\!N3d ALNf'C(:'v, :-:T-~::; : "in8 8 \ :0\ I_ \ 'S J~"i':; )'.J:fJ_Lt John A. Abom, Esq. 8 South Hanover Street Suite 204 Carlisle, PA 17013 Attorney for Plaintiff Karl E. Rominger, Esq. 155 S. Hanover Street Carlisle, P A 17013 Attorney for Defendant Rominger, Inc. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 :rc ~ ~ y.31-o1 q- ... LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. ROMINGER, INC. Defendant No. 01-1185 Civil Action 2001 PRAECIPE FOR LISING CASE FOR ARUGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be argued: Defendant's remaining Preliminary Objection. 2. Identify counsel who will argue case: (a) For plaintiff: JohnA. Abom, Esquire Abom & Kutulakis, L.L.P. Suite 204 8 South Hanover Street Carlisle, PA 17013 (b) For defendant: Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Dates: REQUESTED DATE: October 24, 2001 Dated: October 2, 2001 o ~~ uc;. mr;- ~-:-/ .,,~,- ....::,;,,- --.', t7; =;- -< ,~ r:::c: ~s PC:: -7 ~ -- ~ C:.i :~ r',.~. . ,,+-~. ,-" .._--=_.:.r- I);) :'71 (::J LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROMINGER, INC. Defendant No. 01-1185 Civil Action 2001 CERTIFICATE OF SERVICE . AND NOW, this 2nd day of October, 2001, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipie by mailing it today to the defendant's attorney at the addresses listed below: First Class Mail: Karl Rominger, Esquire Rominger Law Offices 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 o C ;;::J<>' -OCT ~5;~:-; 2'r-- (/5 ~c ~f.. ~- )- c ~;d )....... c:: 2: =2 .- ~ (:';' --::-) ) "--i "'. -.C (>..; :-'1 (.:) LIBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROMINGER, INC., Defendant NO. 01-1185 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT BEFORE HESS and OLER, JJ. ORDER OF COURT AND NOW, this 24th day of October, 2001, upon consideration of the preliminary objection of Defendant Rominger, Inc., to Plaintiffs complaint in the nature of a demurrer as the complaint relates to attorney's fees, and following oral argument held on October 24, 2001, Defendant's preliminary objection is denied, without prejudice to Defendant's right to argue, as the record is further developed, that paragraph 6( c) of the parties' lease would not warrant an award of attorney's fees under the facts adduced in evidence. BY THE COURT, tI/~ eLf John A. Abom, Esq. Attorney for Plaintiff ;l - '0' (J~ ,D ~ Karl Rominger, Esq. Attorney for Defendant :rc \I\N'f!\lASNN3d , ,t\U"'\C(', Qt,'S,f'~-P9Itr.l01" I\.U~'\ ~.. ,. ,..."f~' v t: \ ~"l \Ad '1'Z 1.'J0 \ G }"tN 1C>(. _('\t ::\,)~ , :K) LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants PRELIMINARY OBJECTIONS ON BEHALF OF DEFENDANT KARL ROMINGER AND NOW, comes Karl E. Rominger, pro se and raises the following Preliminary Objections to Plaintiffs Complaint. 1. Liberty Holding Company has brought an action against Rominger, Inc., and Karl Rominger, an individual. Said action alleges a breach of contract and/or breach of lease which is attached to the Complaint as Exhibit "A". DEMUR 2. Previous paragraphs incorporated by reference. 3. The lease is signed by Karl E. Rominger in his capacity as President and Agent for Rominger, Inc., and no where on the lease did Defendant Rominger sign said lease in his individual capacity. 4. The entire basis of the cause of action is the Agreement between Rominger, Inc., and Liberty Holding Company. 5. The President of Rominger, Inc., in his individual capacity is not an appropriate Defendant in his individual capacity. WHEREFORE, Defendant Rominger respectfully requests that this Court grant his Demur and enter judgment in his favor. Respectfully submitted, ~7 - ~~ Karl E. Rominger, Esquire Pro Se Date: c; -- 2- L. - #( LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, pro se, do hereby certify that I this day served a copy of the Preliminary Objections upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John A. Abom, Esquire ABOM & KUTULAKIS 8 South Hanover Street Suite 204 Carlisle, PA 17013 Rominger, Inc. P.O. Box 1148 Carlisle, P A 17013 .?'. 11'" , .z Karl E. Rominger, Esquire Pro Se Dated: C; - 2'2. - 0 I LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants NOTICE TO PLEAD TO: LIBERTY HOLDING CO. c/o John A. Abom, Esquire 8 South Hanover Street Suite 204 Carlisle, P A 17013 You are hereby notified to plead to the enclosed ANSWER & NEW MATTER & COUNTER CLAIM of the Defendants within twenty (20) days from the date of service hereof or a Default Judgment may be entered against you. BY: ~. ~ Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant Date: August 15,2002 LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants ANSWER TO COMPLAINT AND NEW MATTER 1. Admitted in part, inasmuch as Liberty Holding Company is a business and believed to be located at 1255 Claremont Road, Carlisle, PA, by way of further answer, answering Defendant is unable to ascertain and has not ascertained whether or not Liberty Holding owns 10 South Courthouse Avenue and/or the suites therein, thus strict proof of the same is demanded at trial. 2. Admitted. 3. Admitted. 4. It is admitted that the rent was $783.00, the terms by which the rent was due and at which late fees apply are specified in the Lease, which is a document which speaks for itself. 5. Admitted inasmuch as the initial Lease term had expired, and it is admitted that the Lease and its provisions were holdover status, but it is denied that the tenancy was anything but month to month after the expiration of the initial Lease term, and strict proof of any other agreement is demanded at trial. 6. Admitted in part and denied in part. It is admitted that Defendant vacated the premises, it is denied that it was on September 15,2000, by way of further answer, it is believed to have been between July and August when Defendant was forced to vacate the premise and at which time the premise became unfit for use. 7. It is admitted Defendant refused to pay rent from Ju1y 1, 2000 and forward. By way of further answer, it is denied that Defendant owes any rent from July 1,2000 and forward. 8. Denied and strict proof of the same is demanded at trial. By way of further answer, Defendants kept the premise neat, and in good condition. 9. Admitted. By way of further answer, proof of the electric due is demanded, as upon information and belief electric bills provided were not accurate. By way of further answer, Defendant denies any liability for electric bills after Ju1y 1,2000. 10. Denied and strict proof of the same is demanded at trial. By way of further answer, it is a conclusion of law and no answer is required. 11. Denied and strict proof of the same is demanded at trial. By way of further answer, it is a conclusion of law and no answer is required. 12. Denied and strict proof of the same is demanded at trial. By way of further answer, it is a conclusion of law and no answer is required. 13. Denied and strict proof of the same is demanded at trial. 14. A conclusion oflaw and requires no answer. By way of further answer, because the Lease was not in effect at the time, Subsection (6) (c) is inapplicable, but by way of further answer, even if the Lease is found to be in force and effect at the time, Subsection (6) ( c) does not require attorneys fees and interest. WHEREFORE, Defendant demands judgment in Defendant's favor and against Plaintiff, plus attorneys fees, costs and interest. NEW MATTER 15. Previous paragraphs are incorporated by reference. 16. Upon information and belief, Plaintiffs provided inaccurate electrical bills and/or billed for electricity not supplied or used. 17. Beginning in the spring of 2000, and worsening in the summer of 2000, Plaintiffs building began to experience "brown outs" due to inadequate electrical service. 18. Rominger, Inc., was operating a Website development and design facility in the originally leased premise. 19. Many computers were hooked to the electrical system, and the business could not function without electricity. 20. The "brown outs" interfered with the computers, and jeopardized valuable data. 21. After repeat demands, Liberty Holding, Inc., refused to remedy the situation. 22. Upon information and belief, one or more outside electrical contractors looked at the problem at the request of Michael Adler. 23. The other principal of holding is John Mumma, upon information and belief he owns Carlisle Electric and would have been well situated to fix the problems and was aware of them and/or there cause. 24. Since the Plaintiff refused to remedy the problem, and the leased premise was rendered unfit for its intended use, Defendant had no choice but to relocate. 25. Defendant was thus constructively evicted. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in Defendant's favor plus costs and reasonable attorney fees. COUNTERCLAIM 26. Previous paragraphs are incorporated by reference. 27. Liberty Holding billed Rominger, Inc., for various electrical services provided. 28. Upon information and belief, the amounts billed were not true and accurate, and therefore are not due and payable. 29. Pursuant to the Agreement and the practice of the parties, Liberty Holding was responsible for providing a true and accurate bill for the electricity. 30. When electrical problems beset the building, various other tenants exchanged information with answering Defendant, a comparison of electrical bills was undertaken. 31. It was noted that the Hair Salon and Tanning Bed Center located in a similar suite adjacent to the suite of Rominger, Inc., had an electric bill that was substantially the same or similar to Rominger's Inc., despite the fact that only minimal electrical use was taking place in the facility at Suite 103. 32. Plaintiff breached its duty under the Agreement to provide true and accurate bills, and Defendant was damaged in unliquidated amounts to be proven in trial. WHEREFORE, Defendant asks this Honorable Court enter judgment in its favor against Plaintiff for this Counter Claim, in an amount to be determined at trial, plus costs, reasonable attorney's fees and interest for amounts paid or billed which were due Plaintiff. Respectfully submitted, ROMINGER & BAYLEY 2 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants Date: August 15,2002 VERIFICATION KARL E. ROMINGER, ESQUIRE, states that he is the attorney for Defendants Rominger Inc., and Karl Rominger; that he makes this affidavit as attorney because 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. Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~--- Date: August 15, 2002 Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, P A Supreme Court I.D. 81924 Attorney for Defendants LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION No. 01-1185 v. ROMINGER, INC., and KARL ROMINGER, Defendants CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Answer to Complaint and New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John A. Abom, Esquire ABOM & KUTULAKIS 8 South Hanover Street, Suite 204 Carlisle, P A 17013 ~ Karl E. Rominger, Esquire Attorney for Defendants Dated: August 15,2002 o c: ~ <JIJ::: nlfn Z:J) Uj S~:.: -("' C' ~~';;... t ~~-: =.t " -, C) N :0- o -'1 ~_..1 l._~ ,;.", c; ::'..J < ('j ( -) rT~ ,I ~ :)1 C) LIBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. CIVIL ACTION NO.: 01-1185 ROMINGER, INC., Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND ANSWER TO DEFENDANT'S COUNTERCLAIM 15. Plaintiffs paragraphs 1-14 set forth in Plaintiff's Complaint are incorporated herein by reference 16. Denied. The defendant was billed only for the electricity which was supplied to the unit he rented. 17. It is denied that the building in which the Defendant leased space experienced "brown-outs" due to inadequate electrical service or for any other reason. 18. Plaintiffs are without sufficient information to confirm or deny this allegation and, thus, it is denied and strict proof of the same is demanded at trial. It is admitted that the lease permitted the Defendant to use the leased premises for the purpose of running an internet business or any retail business. 19. Plaintiffs are without sufficient information to confirm or deny this allegation and, thus, it is denied and strict proof of the same is demanded at trial. 20. It is denied that the building in which the Defendant leased space experienced "brown-outs" due to inadequate electrical service or for any other reason, it is further denied that the Defendant lost any data and strict proof of the same is demanded at trial. 21. Denied. By way of further answer, the leased premises never experienced phenomena the Defendant terms "brown-outs." 22. Admitted in part, denied in part. It is admitted that Michael Adler sought one estimate for the purposes of electric work at the building at which the leased premises are located to address a fuse capacity issue. That issue was promptly resolved. 23. Admitted in part, denied in part. It is admitted that John Mumma is a principal of Liberty Holding Company and an owner of Carlisle Electric. It is denied that the leased premises experienced "the problems" to the extent that ''the problems" refer to "brown-outs," and further denied that Mr. Mumma knew of "brown-outs." Mr. Mumma was responsible for replacing one fuse at the leased premises. 24. Denied that the Plaintiff refused to remedy "the problem" to the extent that "the problem" refers to "brown-outs" or any other problem with the leased premises, denied that that the leased premises was rendered unfit for its intended use and denied that the Defendant was forced to relocate. 25. This averment states a legal conclusion to which no response is required. By way of further answer, the Defendant was not constructively evicted. ANSWER TO DEFENDANT'S COUNTERCLAIM 26. Paragraphs 15 through 26 are incorporated herein by reference. 27. Admitted. 28. Denied that the amounts of electricity billed to the Defendant were not true and accurate. In fact, the amounts billed were true and accurate and, therefore, the amounts billed are due and payable. 29. Denied that under the terms of the Agreement or by practice of the parties, the Plaintiff was responsible or obligated to provide accurate bills for electricity. However, by way of further answer, all bills for electric service were true and accurate. 30. Denied that electrical problems beset the building. As to the remaining portion of the averment, the Plaintiff is without sufficient information to admit or deny what the Defendants and the other building tenants did or did not do. 31. To the extent that this averment implies that the Plaintiff based bills for electricity use on anything other that the actual meter readings, the averment is denied. Furthermore, it is denied that minimal electrical use was taking place in the leased premises (Suite 103). On the contrary, the Defendant's electricity use in Suite 103, the leased premises, continued through into the month of September of 2000. 32. It is denied that the Defendant provided to the Defendant anything other than true and accurate bills for electricity service supplied to the leased premises. It is further denied that the Defendant is entitled to any refund or damages in any regard. WHEREFORE, the plaintiff respectfully requests this Court to enter judgment in favor of the Plaintiffs plus costs and attorney's fees and interest as provided in Section 6(c) of the Agreement. Respectfully submitted, /,MJ01\1&:I~UTULAKIS, LLP -.. /..'t """''''~.'''"". _._ By: )ohn A. Abom...... / VERIFICATION I, J. Michael Adler, agent for Liberty Holding Company, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: September -':L 2002 - "'" \'\\ ~r Michael Adler Agent for Liberty Holding Company CERTIFICATE OF SERVICE AND NOW, this day of September 4, 2002, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND ANSWER TO DEFENDANT'S COUNTERCLAIM upon the defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bv First-Class Mail: Karl Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Rominger, Inc. 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 John A. Abom (") c <: l) i::D (!Jrn ZT, ~~ )>C' ~d >c:: :z =< C> N CI) rrt -0 I o ., :.:-J -~'i :D .'1- :~-l? :::J ~f. ;'"):!J C~l:-:> om -,.-( ~ -< .,i::- ~ -J;io., N .. :n r"-' LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA V. : CNIL ACTION NO.: 01-1185 ROMINGER, INC. and KARL ROMINGER, Defendants AMENDED PROOF OF SERVICE AND NOW, this 4th day of SEPTEMBER, 2001, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the Plaintiff's Reply to Defendant's New Matter and Answer to Defendant's Counerclaim upon the Defendant by depositing the same in the u.S. Mail, postage prepaid to: Karl Rominger, Esquire Rominger & Bayley 155 S. Hanover St. Carlisle, P A. hn A. Abom, Esquire Attorney I.D. No. 77961 Suite 204 8 South Hanover Street Carlisle, PAl 7013 (717) 249-0900 Attorney for Plaintiff 0 0 0 ~ 1'V -'1 <:' en ""00: i-" ~ mr"': -0 Z_:_' I -rm Zc -c., C:J U),iO' en ' 1: -<'~~" :::3u c::.:C ~ r --ri -';;C ;5-r"l :2- ........'l.. ~:,#a -0 '? Om >c: --I ~ 0:> ~ LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01 - 1185 ROMINGER, INe. and KARL ROMINGER, Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE PRESIDENT JUDGE HOFFER: John A. Abom, Esquire, of Abom & Kutulkis, L.L.P., counsel for Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff is for an amount less than Twenty Five Thousand Dollars ($25,000.00). 3. The counterclaim of the defendant is for an undetermined amount less than Twenty Five Thousand Dollars ($25,000.00). 4. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: a. John A. Abom, Esquire b. Jason P. Kutulakis, Esquire c. Karl E. Rominger, Esquire d. Any attorney associated with Abom & Kutulakis, L.L.P. e. Any attorney associated with Rominger Law Offices WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. John . orney J.D. No. 77961 8 South Hanover Street; Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION NO.: 01 -1185 ROMINGER, INe. and KARL ROMINGER, Defendants CERTIFICATE OF SERVICE AND NOW, thi~y of January 2003, I, Jay Abom, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS upon Karl E. Rominger, Esquire, by First Class Mail at the following location: Rominger Law Offices 155 South Hanover Street Carlisle, P A 17013 7\'>~~~ ~ ~r ,~'1- ~:p<ap' ~ g- ~ -f:..3 ~ D --- ~~ -r ~ ~ !.'. ~ (") c <"" "1J 6:; iri/"', z-!-:: 6i ~;-: _:.r ~ .;-" r;:: c;=,' J?; r' ~(""-< PC: 2 =< C> (.oJ ~ :~j ',;" ~p :,-~;cn (,~y !e) _;x: :-~ '. ~--.: :":5-0 om :::;:-1 :U -< ....- 7:_ :.t': N 0:> ;:;:n. ::J:: 9 ~ o LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS / Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01 - 1185 ROMINGER, INC. and KARL ROMINGER, Defendants ORDER OF COURT AND NOW, this ). ~ :;;, of -C)a./}1.AA ~, 2003, in consideration ofthe foregoing petition, the following indivi~ls are appomted as arbItrators in the above- captioned action: ~~ ,Esquire !! ~1_t -~ ,Esquire '~ ~ ,Esquire .J. Distribution: John A. Abom, Esquire Karl E. Rominger, Esquire to ~ ,;' ;;:- ~ 1l\ \ .., /' ',~'..;~ ~," "" \~ ) VINV^lASNN3d A1NnO~) o~rv'''n''F1m~n8 I G:I l.f\1 62 N~r SO AU\.J' ~,,,', 1 J"\ 0" l.Ui\IU!' , :J\J 38H~O-(H!U LIBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1185 v. ROMINGER, INC., CIVIL ACTION - LAW Defendant OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity, tJ--7 AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) With respect to the claim, in favor of the Plaintiff and aQainst the Defendant in the amount of $6,622.22, plus statutory interest and attorneys' fees in the amount of $3,359.99, With respect to the counterclaim, we find in favor of the Plaintiff (Liberty HoldinQ Company) and aQainst the Defendant (RominQer, Inc.). Each party to pay their own costs. Date of Award: 10/16/03 ~ Date of Hearing: 9/26/03 NOTICE OF ENTRY OF AWARD Now, the /~ay of ()("j.c.J,EI<.. , 2003, at .:1: ~ I ,L,M" the above award was entered upon the docket and notice thereof given by mail to the parties or their atto'OeYj) Arbitrators' compensation to be (JlAA-J~'.) ~. ~0'>1.r- .) paid upon appeal: Protho~ry $ ~90.DO --ay: a~"p.Sn~ ~:'~y :218935 Co f<J 'I --/0 C!.. 4- Q,o P't maL luL -..)0 Ie II I+J.~ ~. k6mID?~ fJ--I-~ J. rJbcl'Y) J8U1-'i R. J)ecA?e:... - J6L!:o'->~t, ~~ L2e1~ ,[owdL~ G.:rk:s( fI;;J~~ ~ fYl.E:..Ll's~:J.. PaL ~ ,-( - J6L.."'v\l:h..+C~ ~E:.~ ~-o~ o f~~; -, .. ~ - LIBERTY HOLDING COMPANY, Plaintiff nT THE COURT OF COMMON PLEAS CUMBERLAND COUl'lTY, PEl'ITTSYINAm.AJ No. 01 -11 85 ROMINGER, INC.. ~efendant NOTICE OF APPEAL FROM AWARD OF BOP~'ID OF ARBITRATORS TO TEE PROTEONO RY: Not ice is 'ren that Rominqer. Inc. appeals fro the award o~ the board of arbitrators entered in this case on October 16, 2003 A jury tri is demanded ~ (Cheak.k box if a jury trial is demanded. Othe se jury trial is vaived.) I hereby tif'y tl1.at ()O'. the (2) ~n~ian. of the arbitrgtors r.as been paid, or been made for permission to proceed ir. (Strike out the L~appliJable clause.) J/ ./ -~.._.- / Appellant or Attor~ey for Appellant I NOTE: The. demand for jury trie.l on appeal from compulsory arbitration is g~rned by Rule 1007.1 (b). (b) No a1'fi avit or verification is required. p ~ '"~ ~ ~ ~ '-J ~ ~ ..0 o & fd ~ ~ ~~, ~~'"'; OL .? C2G ~8 ~" ~; ~ o () (,..) .n o n -..... w -0 ..,J i":f':::: -,,-Irn .,10 ;,:~)(t, .~~f, -'-"1"'\ ."")-.- ~-:,C) 0'" "-l ~ ,... ." LIBERTI HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01 - 1185 ROMINGER, INC and KARL ROMINGER, Defendants TO THE PROTHONOTARY OF SAID COURT: PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance, replacing John A, Abom as counsel of record for the Plaintiff, Liberty Holding Company, in the above-captioned matter, Respectfully submitted, ABOM & KUTULAKIS, LLP DATE: M-\RCH 16, 2005 ~r~~ Michael T, Traxler, Esquire 36 S, Hanover Street Carlisle, P A 17013 (717) 249-0900 . , .. CERTIFICATE OF SERVICE AND NOW, I, Michael T. Traxler, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Entry of Appearance by First Class U,S, Mail and facsimile at the following: Karl Rominger, Esquire Rominger, Bayley & W1lare 155 South Hanover Street Carlisle, PA 17013 Respectfully submitted, ADOM & KUTULAKIS, LLP DATE 3/1 G /6:;-- I' l 'N-<</~"~ //~;---S2- Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 --~- - ---- L,'hu~ ;V-" Let, . 't q I In the Court of Common leas of Cumberland County, Penn ylvania VS. No. 0 ( - I; S':;/ Ci il.19 {I/..O"1 .'rlye ,'. II'I C . I I /<--(.;,- { c, f/Z..O"', {..,r I, ..l.. It '" ~, /-fe/Pi " E~, ~ ,"- /" {.--~ J , C( ~,"'e c... t> '\ hel 'f! "'{' Ko"'! I'''' e,- -rn <0-, To Prothonotary /t/f tt ,-c.J.. )' 0 19 ::z Cb_,> ..J- ;(Voi""'\.. .4f~""" , ::t: nc;..~, FILWOiTiCi: r',- TH- P- ,-, J-" ,.,., ~..' 1- :-., ,..! 1 \ "',' ;,'.\1f . " ~ ~ ( , I..... 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IIHj\ Nil ~.' .~' CU,\!;,:",'::,,I vs, ':~'L)t\nY PRAECIPE Filed 19 , Atly, LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA V, CIVIL ACTION NO,: 01- 1185 ROMINGER, INC" Defendant MOTION FOR SANCTIONS NOW, comes Plaintiff, Liberty Holding Co" by and through its attorneys, Abom & Kutulakis, LLP, and files the within motion, and in support thereof, sets forth the following: I, On or about April 18, 2005, Plaintiff served counsel for Defendant with Plaintiff's Interrogatories Directed to Defendant. 2, On or about April 18, 2005, Plaintiff served counsel for Defendant with Plaintiff's Request for Production of Documents Directed to Defendant. 3, By correspondence dated May 25, 2005, counsel for Plaintiff reminded counsel for Defendant that verified answers to the interrogatories were due and to request the documents be provided, A true and correct copy of this correspondence is attached hereto as Exhibit "A" and is incorporated by reference, 4, Defendant has failed to serve answers to Plaintiff's Interrogatories, 5, Defendant has failed to produce documents as requested by Plaintiff, 6, Defendant has not objected to Plaintiff's discovery requests, 7, PaRCP 4019 provides for the imposition of sanctions where a party fails to serve answers to interrogatories PaRCP 4019 (a)(I)(i)(iii); fails to respond to a request for production PaRCP 4019 (a)(I)(vii); or where a party "otherwise fails to make discovery or to obey an order of court respecting discovery" PaRCP 4019 (a)(I)(viii), 8, PaRCP 4019 (c) (1 )-(5) provide actions permitted by the Court as sanctions for the failure of a party to comply, These actions include refusing a disobedient party the right to support or oppose designated claims or defenses, 9, Defendant has claimed as a defense to liability the theory of constructive eviction, 10, The discovery sought by Plaintiff is directed, in part, to document information which would rebut Defendant's claim of constructive eviction, 11. Karl Rominger, as an individual has claimed as a defense a shield from liability through a corporate entity they owned and operated, 12, The discovery sought by Plaintiff is directed, in part, to documents and information which would pierce the corporate veil. 13, PaRCP 4019 (g)(3) permits the Court to apportion reasonable expenses incurred in relation to a motion for sanctions, 14, Counsel for Plaintiff anticipates the fees attendant to the filing and hearing on this motion will be $300,00, WHEREFORE, Plaintiff respectfully requests that this Court enter an Order providing for sanctions against Defendant as follows: 1) prohibiting Defendant from producing any evidence at trial of this matter to support their claim of constructive eviction; 2) prohibiting Defendant from producing any evidence at trial of this matter to support their contention of a liability shield vis-a.-vis a corporate entity; 3) finding Defendant liable for the claim of Plaintiff provided Plaintiff prevails on its proof of the claim as due and owing; 4) directing Defendant to pay the reasonable expenses incurred by Plaintiff in relation to this motion; and 5) such order with regard to the failure to make discovery as is just. FURTHER, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to meet Plaintiff's discovery requests, Respectfully submitted, ABOM & KUTULAKIS, L.L.P. . /7-- 0 ~~/, /~ Michael T, Traxler, Esquire LD, # 90961 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff ..MOM & KUTULAKIS 111 ATIORNEYS AT LAW ~ (Q)~ p' May 25, 2005 John Mangan, Esquire 35 East High Stteet Carlisle, P A 17013 Reo' Liberty Holding Co. v. Rominger, Inc. DiscoveLy Our File No.: 01-127 Dear John: Enclosed please find the remaining information that will satisfy Karl's discovery request for all the electric invoices, In addition, I have enclosed copies of exhibits that I will place on the record during the deposition of John Mumma, Please contact me so that the depositions of John Mumma and Mike Adler can be scheduled to occur in the near future, To date, Rominger, Inc" has not complied with Liberty Holding's discovery request forwarded to you by cover letter dated April 18, 2005, Kindly meet those discovery requests within 1 0 days from the date of this letter, Very truly yours, MOM & KUTULAKIS, L.L.P. '1U~r~ Michael T, Traxler MTT/ejf Cc: John Mumma & Mike Adler (w / 0 enclosures) REPLY To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249.0900 1 06 WALNUT STREET HARRISBURG, PA 17101 (717) 232.9511 FAX (717) 249.3344 CERTIFICATE OF SERVICE ON THIS, fday of June, 2005, I, Michael T, Traxler, Esquire, counsel for plaintiff, do hereby certify that I have caused the foregoing Motion for Sanctions, to be served upon the following individuals, by V,S" first-class mail: John Mangan, Esquire 35 East High Street Carlisle, PA 17013 Attorney for Defendant ABOM & KUTULAKIS, L.L.P. ~~r~ Michael T, Traxler Cl r' .-> ,.:::> ~ ,- ?~ ::"- :2_ f'.> c;J ~ ~-n r.'r -oC:1 '-1"- (~) (--, ,I -~:.. -'- =--~.; i~S: ~,~ ~! ~Q -0 :J: .,:::- .;- - \ LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V, : CIVIL ACTION NO,: 01 - 1185 ROMINGER, INC" CIVIL ACTION-LAW Defendant PRAECIPE TO ENTER INTO RECORD TO THE PROTHONOTARY: Please enter the attached deposition transcript of Karl E, Rominger dated March 30, 2005 into the record for the above-captioned matter, Respectfullly submitted, ABOM & KUTULAKIS, L.L.P, Date: Cr; /30 Ics-- I , ~JJ{;I!- Michael T, Traxler, Esqu' e ID #90961 Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICI~ AND NOW, this 30th day of June, 2005, I, Michael T, Traxler, Esquire of ABOM & KurULAKIS, LLP, hereby certify that I did serve or caused to be served a true and correct copy of the foregoing PRAECIPE TO ENTER INTO RECORD by first class mail to the following: John Mangan, Esquire 35 East High Street Carlisle, P A 17013 '-'7U;'A.L,AIJ~ r-CJ.i/ Michael T, Traxler, Esquire f ~ o C~ ~.: 9;~}.r1 ~j ~t\:- ;CCC ....,.c:: ~-3 .-. . , ....., = = <.n <-- c:: = w o "'U ::x o " :r! n,n "hi ;'-3S? -;0 ,-..,-' 0-+1 ZO ,-,)m :::. >- CD -< c- o -: , 1 2 3 4 5 6 7 8 9 10 11 12 ...;.;. 13 14 15 16 17 18 19 20 21 22 23 24 25 1 LIBERTY HOLDING COMPANY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLlmD COUNTY, PENNSYLVANIA vs, CIVIL ACTION NO.: 01-1185 ROMINGER, INC. and KARL ROMINGER, Defendants, ORIGINAL DEPOSITION OF: KARL E. ~,OMINGER TAKEN BY: Plaintiff BEFORE: Amy R, Fritz, R,P.R, Notary Public DATE: March 30, 2005, 10:20 a,m. PLACE: Abom & Kutulakis 155 South Hanover Street Carlisle, Pennsylvania APPEARANCES: ABOM & KUTULAKIS BY: MICHAEL T, TRAXLER, ESQUIRE FOR - PLAINTIFF BY: JOHN J, MANGAN, ESQUIRE FOR - DEFENDANTS ALSO PRESENT: Michael J, Adler tt'!?,!''!? _ .,,_=__ liii' P~., ~~~ "">"'''''' ~::-_':5r-+P_*:__(ii'- _ /' " 7;'i~~<.;~.?fl.ntral_,YJlJlia " . . ." ,:::,rrt Reporting Services 0-863-3657 . 717-258-3657 . 717-258-0383ftx courtreporters4u@aoLcom 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEX TO TESTI~~NY EXAMINATION By Mr, Traxler DEPONENT Karl E, Rominger NO. 1 2 3 4 5 6 INDEX TO EXHIBITS DESCRIPTION Liberty Holding lease civil Action Hearing Notice Notice of Judgement/Transcript civil case 07/09/03 ltr to arbitrators fLom J. Abom 07/07/03 ltr to arbitrators f.Lom J, Abom Arbitrators award PAGE 3 PAGE 21 29 31 35 35 36 3 1 STIPULATION 2 It is hereby stipulated by and between the 3 respective parties that all objections except as to the 4 form of the question are reserved until the time of trial, 5 6 KARL E. ROMINGER, called as a witness, being 7 duly affirmed, was examined and testified as follows: 8 9 MR. TRAXLER: Good morning. We are here in the 10 case of Liberty Holding versus Rominger, Inc. This is a 11 civil action at law pending in the Cumberland County Court 12 of Common Pleas at Docket Number 01-1185. 13 We are here today to take the deposition 14 testimony of Karl Rominger, president, shareholder and/or 15 owner of Rominger, Inc. My name is Michael Traxler, and I 16 represent the Plaintiff Liberty Holding, 17 Also present is Attorney Mangan on behalf of 18 Rominger, Inc, and Michael Adler with the Plaintiff, 19 partner with the Plaintiff Liberty Holding. 20 EXAMINATION 21 BY MR. TRAXLER: 22 Q, Karl, to start, I would like to go through a 23 little bit of your background and get an understanding of 24 how you came to be the president, shareholder and/or 25 operator of Rominger, Inc, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Could you please tell us where you obtained your undergraduate degree? A, Allegheny College, Meadville, Pennsylvania. Q, What year did you obtain that degree? A. I think 1995; maybe 1996, Q, Is there a reason why you're unsure of the date? A, Well, I graduated in '95, but I think my actual confrere to the degree occurred in '95 also. There was a delay in the faculty vote on it. Q. What was your degree in? A, I think it's a BA in Political Science. I'm pretty sure it's not a BS. Q, Is there a reason why the faculty deferred? A. There was no deferral, They didn't have a chance to vote on it. Q. And is it true that you obtained your law school education from the Dickinson School of Law? A, That is correct, Q, What year did you graduate? A. 1998, Q, While you were there, did you have the opportunity to take a course in contracts? A. Well, if it's required, I'm sure I did. Q. Would that be a yes, you took a course in contracts? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 A, I seem to remember Professor Kelly teaching Contracts I. Q. And you passed that course? A. Last I checked I passed all my law school classes, sir. Q, And did you take a course in property? A. Probably with Harvey Feldman, Q, And did you happen to take a course in real estate transactions? A. No, I do not recall taki~g a real estate course, Q, I understand that throughout your time since law school, or maybe even while you were in school, that you've had the opportunity to start various business ventures, Some have even described you as an entrepreneur of sorts, Can you name the companies that you have started and/or been a part of? A. Well, there's really only two companies that I've had a hand in, I was originally a sole proprietorship operating under the name of RomingeJ~ Legal during my law school years. Primarily served process service my first and second year of law school, And during my second year of law school, I created a web site which came under the gambit of Rominger Legal which we later incorporated into Rominger, Inc. And that was transferred wholly and solely to Rominger, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 Inc, -- I couldn't even tell you what year that was. Then after completing law school, about a year and a half out of law school, a little longer, I guess, January of 2000, about a year and a half after graduating from law school, or beginning to practice law, I should say -- I started practicing law in October of '98. In 2001, January 2001, I founded the Rominger Law Offices which has grown to include Judge Bayley's son, Mark Bayley, It has grown to include Michael Whare, Esquire; and most recently we hired Jim Nelson, formerly of the Hanft Law Firm who became available at the time of Mr. Hanft's incident. Q, And you are responsible for starting Rominger Law Firm that includes those named individuals, Is that correct? A. That's correct, I'm the impetus, Q. In the course of your practice, do you have the opportunity to review and negotiate contracts? A, I have done that on several occasions. Q. These businesses that you've named that you've been a part of and/or started, have you leased office space for those businesses? A. I have over the years. I've leased space for the law offices on two occasions, and I've leased space for the web office on two -- or Rominger, Inc, on two 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 occasions. I refer to it as the web office. So if you hear me say the web office, I really mean Rominger, Inc. operations. Q. Where is that located? What is the address? A. Rominger, Inc. is currently at 48 -- and is that West High over by the Subway? If that's correct, it's 48 West High. It's in the new digs put up by the Tuckey Corporation under T3 Investors. Q. And you're leasing that space? A. Correct. Q. Did you negotiate and sign the lease on behalf of Rominger, Inc.? A. I don't know if I'd say I negotiated it. Unfortunately I had a space crunch. When Mr. Hanft shot himself and Jim Nelson became available as an attorney, I wanted to move him into my law office. And I had the law office had sublet -- so I guess the web office actually had a third landlord which would have been Rominger & Bayley Law Offices. Q. Who is on the lease at the Tuckey building? A. Rominger, Inc. Q. And did you sign on behalf of Rominger, Inc.? A. Sure, in my capacity as president, just as I did on this lease. Q. And the current office where your law firm is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 located, do you own that property, or do you lease that property? A. We own it. Q. How long have you owned that property? A. Well, I started leasing it or renting it, or whatever you want to call it, in 2000. And at some period during that, Lynn Phillips called me up and offered me a you-can't-refuse deal to buy the property off of him. Q. And that deal to buy the property off of him, did you obtain a mortgage for that, or is he, as the previous owner, financing that property? A. He's carrying private paper on it. Q. And that person's name is what? A. Linwood Phillips, known as L.B. Phillips to most of Carlisle's real estate community. Q. Did you negotiate the deal with Mr. Phillips? A. Well, I'm sure Mr. Adler will tell you, you don't negotiate with L.B. Phillips. L.B. Phillips tells you what the terms will be, and you do it. And, like I said, he offered me I think he thought as a young lawyer in the cornmunity he would offer me an opportunity, given his advanced age and need to no longer make large amounts of income; and so he made an offer that was so generous that I would have been a fool to negotiate. In fact, I call that reverse negotiating if I'd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 have even attempted to fool with it. So there was no negotiation involved whatsoever. Q. Does your law firm lease space anywhere other than its Carlisle office? A. Currently, no. Q. Has it in the past? A. We leased space in Shippensburg -- excuse me, Chambersburg at one point. Q. You no longer lease that space? A. Correct. Q. How long did you have that space? A. I can't recall right now. We didn't use it very much. Q. And was that lease in the name of Rominger, Inc. or Rominger Law Offices? A. Actually that lease was a personal lease in my name. Q. And you negotiated that lease, you entered into that lease, correct? A. That's correct. Q. Now I'd like to find out some information about Rominger, Inc. specifically. Is it correct that you incorporated in or about March of 1999? A. If that's what you're telling me. That sounds about right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 Q. Now, you mentioned some companies that are part of Rominger, Inc., maybe subsidiary companies of sort. What are those companies? A. The way we've always done it, we don't really have formal business entities owned by Rominger, Inc.; instead we just divide it into what I call divisions. In other words, Rominger Legal is a division of Rominger, Inc. And so when you actually -- if you read the web site closely, you'll see reference ~o that. So that it's clear that it's not a fictitious narne; it's division of. Rominger Web was also one other operating name we used. Q. Are Rominger Legal and Rominger Web the only two subsidiary companies that have existed under Rominger, Inc. since its date of incorporation? A. Basically, yes. I can't think of any others. I know we looked at creating one called Packbox, P-a-c-k-b-o-x, which would have sold packaging materials on the internet to meet with the E-Bay packaging boom. We never actually followed forward with that so there was no representation to the public on it. And-- Q. Were-- A. I just want to be full and fair here. We are currently about to add an additional operating name, Pennsylvania Professional Process Service, although that 11 1 may be spun off as a separate company. And that has not 2 gone out to the public yet. 3 Q. The costs and expenses of maintaining Rominger 4 Legal, Rominger Web at one time, were those accounts run 5 through Rominger, Inc.? 6 A. Generally speaking, yes. I mean, originally 7 when it was a sole proprietorship, the short answer was no. 8 As soon as we were incorporated, we moved everything into 9 the corporation. 10 There have been occasions, I'm certain of it, 11 where if the company needed money, I've transferred it as a 12 shareholder's or owner's investment in. 13 I have accountants that tell me how to do that 14 or what to do with that. And there have been times when, 15 for instance, if I'm at the Office Max or the Staples, 16 although these days that's not true at all because I have 17 separate, or I have a card I can run for the corporation 18 whenever I need to make a purchase. 19 But historically a lot of banks wouldn't give us 20 sufficient room on the card to make larger purchases. So 21 if I'd go into New York City or something, you know, like 22 running up maybe 2 or $3,000 on the corporate card and then 23 I would use my own personal account or cards to make 24 purchases or my own checkbook to make purchases, then I'd 25 reimburse myself from the corporation later. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 Or if appropriate, mark it as owner's equity in, again, as appropriate. But the corporation has periodically used me as a source of loans and money in. Q. Officers for Rominger, Inc., are you the sole officer or are there other named and voted-on officers? A. I hold all the ti tIes. Q. You are the secretary? A. I am. Q. You are the vice-president? A. I am. Q. You are the treasurer? A. Currently. Q. And you are the president? A. Last I checked. I'm not sure if anybody else ever was. Glen Scales may have been in some of those capacities at one time. Unfortunately there was a flood in my law office not too long ago that resulted in -- Q. Karl, no disrespect, but I don't think the flood in your office is relevant to my question. At some point if it becomes relevant in cross, I'll be happy to hear that information. A. I just want to make sure you understand that my recollection on the matter is not perfect and I don't have documentation available to review at this time. Q. But currently you are the secretary, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 vice-president, treasurer and president? A. As best as I can remember right now. Q. Does Rominger, Inc. have a board of directors? A. Me. Q. SO you are the sole director? A. This is your standard one-man S-corp, yes. Q. You are the sole shareholder? A. Yes. Q. There is no other individual or entity that holds any shares in Rominger, Inc.? A. I hope not. Q. That's a no? A. That's a no. Just when you ask an absolute question like that, I've never inve:3ted them in any way or given them to anybody, but I've seen weirder things happen. Q. Does Rominger, Inc. have employees? A. No. Q. But the divisions of Rominger, Inc. has employees, correct? A. No. Q. Does not? A. We maintain three independent contractors who are sales professionals. We make available to them space to work out of if they so desire, although they also work from home. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 Generally speaking because sales leads do come in on the main phone line, they will populate the office on a regular basis. So I'm lucky in that respect. In other words, I don't have to hire anybody. They only make money on what they sell. They completely set their own hours. I have some that work very hard and some that work very little. I have two independent contractors in New York State who provide piecework for us. One collects data off the internet, loads it into spreadsheets and then bills me for that. Another independent contractor does customer satisfaction surveys. Again, they '(lork completely on their own schedule and discretion and just bill me for the work as it's completed. Q. And that sort of arrangement with these independent and subcontractors allows you to avoid paying different types of insurances for these individuals such as unemployment compensation, workers' compensation, correct? A. Well, I don't know if it allows me to avoid it. Q. Do you pay that type of compensation for those individuals, those independent contractors? A. No. I would pay it if it was necessary. But as I -- they're 1099 employees, so, no. But I think it's very important -- I don't like your question because an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 important distinction is -- we're going to high somebody shortly here; and when I do, we'll gladly pay whatever payroll taxes are applicable as we do at the law office and carry whatever insurances we need. So we don't do it to avoid that. We do it because it's advantageous to the salespeople because a lot of sales professionals like to maintain the ability to sell more than one line of product. Q. Does Rominger, Inc. maintain bylaws that govern the running and operation of the corporation? A. I believe originally we did create a set of bylaws. And, again, where those would be at this point I can't tell you. Q. You would have those on record, though, somewhere? A. Well, I tried to tell yo~ about a flood which you said was nonresponsive to your question. Q. SO you may have lost the bylaws in the flood? A. We may have. Q. And it's not the type of thing that you would maintain on a computer file? A. No. Originally I had a computer that I bought when I was in law school in '97 that I used for a number of years including through the beginning of the corporation. The hard drive was fried., We didn't do any 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 backup at the time because most of our backup of the web materials were on the web, itself, on the web servers. So I lost a lot of documentation and a lot of original files and things like that at that point. So currently I don't bel:leve on any of our systems there is an electronic set of bylaws. Q. SO the bylaws may be lost? A. Yes. Q. And you haven't drafted another set that would govern the operations of Rominger, Inc.? A. I have not. And as for Hhat the original bylaws said, I think they were very perfunctory. Q. Does Rominger, Inc. hold yearly meetings? A. We have. Q. Officers meetings? A. We have. Q. Shareholder meetings? A. We have. We usually do everything at once. Q. Board of director meetings? A. We usually do everything at once. Q. And that's every year consistently since its date of incorporation in 1999? A. I would say so. Q. Do you keep meetings of those minutes -- minutes of those meetings? I'm sorry. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 A. Yes, historically we have done that. Q. And those are available? A. Would you like them? Q. Who's doing the deposition here? Are those available? Do you have copies of those? A. Some of them. Q. And if they're not available, why is the reason that they're not available? A. Well, again, we lost a lot of material in this flood. Q. When did the flood occur? A. You'd have to ask my secretary because it just came up as an issue the other day. I think it was -- in fact, I know when it was. It was a year ago New Year's. Q. And this was at your law office? A. Well, this was at the Offices of Rominger, Inc. at the time and the offices of the law office because we were subletting from the law office at the time. And what happened was the basement flooded where all the files were stored, and we lost a substantial percentage, about 80 percent of the files that were down there. Q. So this happened -- the flood happened at both 48 West High -- A. No, no. You're getting confused. You never 18 1 asked me how long I was at 48 West High. 2 Q. SO you maintained Rominger Legal in your law 3 office prior to going to 48 West High, correct? 4 A. Correct. Well, I didn't maintain it at my law 5 office. What we did was we sublet a individual and 6 distinct office and then charged Rominger, Inc. for use of 7 facilities. And that was actually leased by a partnership 8 at the time run by Mr. Bayley and I to Rominger, Inc. 9 Q. Do you happen to have copies of the leases that 10 you entered into for any lease that Rominger, Inc. or 11 Rominger Legal may have held in the past several years? 12 A. I have the lease with Mr, Adler and Mr. Mumma 13 doing business as Liberty Holding. I have the lease with 14 T3 Investors. 15 Q. For what property is that lease? 16 A. That's for 48 East, or 48 West High. I don't 17 have a lease with the law office, I don't believe. I 18 believe that was an oral arrangement made by the president 19 of Rominger, Inc., myself, with a representative of the 20 partnership of Rominger & Bayley, Mr. Bayley. 21 We agreed upon a monthly amount for use of a 22 very small office. 23 Q. The law office, is that the paper as being held 24 by Mr. Phillips? 25 A. Correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 Q. Who was obligated under those contracts? Is it -- A. I'm the only person on the paper. Q. As an individual? A. Um-hum. Yes. Q. Does Rominger, Inc. own any real property? A. No. Q. Does Rominger, Inc. lease any real property currently other than 48 West High? A. No. Q. Does Rominger, Inc. lease any vehicles? A. No. Q. Does Rominger, Inc. own any vehicles? A. No. Q. What form does Rominger, Inc. maintain its assets? A. Well, aside from the good will of the people, don't have very many tangible assets. Have a few computers. Q. What type of computers? A. Pentiums. I get them from Aardvark Computer. Ken custom-builds them for us. They're around like $800 bucks a crack. Again, they're nothing super fancy. I lease a mail machine. I lease server space. Actually I don't lease it; I rent it. we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 I'm trying to think what else we own. We own some desks, some Office Max glass-top desks, a couple computers, a laptop; aside from that, a little bit of hardware, a couple of printers, got a nice Xerox phasor -- it's a thousand bucks; I bought it -- some ink on hand, some paper on hand, a couple industrial storage cabinets. I'd say the book value of everything, if you wanted to sell it right now, would be somewhere between 5 and $10,000, with 10,000 being a coup by me. Q. You mentioned earlier that Rominger Legal is currently a division of Rominger, Inc. and it's your intention at this point to add another division by the name of Pennsylvania Professional Process Service. Is that correct? A. Correct. Q. SO you would agree that Rominger, Inc. and its subsidiaries are healthy and are in no financial distress at this time? A. ~. Q. And A. I mean yes, I would agree, I should say. Q. Is there any indication that Rominger, Inc. Hill need to file for bankruptcy in the near future? A. At this stage, no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 Q. Have you ever considered filing bankruptcy on behalf of Rominger, Inc.? A. Have I ever thought of filing bankruptcy? I've never consulted with a bankruptcy a':torney, and have I thought about it? I don't know how to answer that. I guess in the hypothetical, I've often thought, you know, maybe I could be clever like the oil barrens down in Texas, you know, and file bankruptcy and somehow get a business advantage out of it. But I've never figured out a way to do that that it would work with Rominger, Inc. because of the steady cash flow and the assets and the good will of the people. So the short answer is no, I've never consulted with anybody. I've never thought seriously about a financial basis for filing bankruptcy that I can recall. I thought about a personal bankruptcy, but that was just to get my eX-Hife off my tail. (Rominger Exhibit No. 1 Has marked.) MR. TRAXLER: Please allow the record to reflect that I have handed Attorney Mangan a copy of what has been marked as Rominger Exhibit Number 1. That Exhibit is a ten-page document and is a copy of the lease that was entered into by Rominger, Inc. and Liberty Holding. BY MR. TRAXLER: Q. Karl, do you have a copy of that document in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 front of you currently? A. I do. Q. Will you please turn to the last page? At the bottom, is that your signature as president of Rominger, Inc.? A. That was what my signature looked like at the time, yes. Q. That is your signature? Yes? A. Yeah. It looks a little different now. I just thought I would clarify that for the record. It seems to have changed, gotten easier to make over the years. Q. When you signed this lease, did you take the time to review the lease prior to signing it? A. I would think so. Q. Is that a yes? A. Well, what's the date on this thing? If you're asking me do I have independent recollection as I sit here now of sometime in May of '99 thinking this thing over, I don't. If you're asking me if it's consistent with how I would view most things I sign, then, yes, I did look it over. Q. So it's standard practice for you to read a contract prior to signing the contract? A. Correct. Q. And in your representation of clients, you also 23 1 read over a contract before you advise them to enter into a 2 contract, correct? 3 A. Well, generally speaking, yes. There's a big 4 difference between reading for a client and reading for 5 your own business purposes. 6 Q. But the reasons for reading over those are no 7 less important, correct? 8 A. I guess it depends on what the contract is. I 9 sign some contracts without reading them fully if the 10 amounts to be committed aren't worth making my time to 11 stretch my head too hard. 12 Q. If you will, please turn to page 3. We're 13 looking at term number 3 on that page. Would you agree 14 that that term requires you to provide written notice 15 within 90 days of your termination of the lease? 16 A. It seems to say -- let's see -- 17 (Perusing document.) 18 It seems to say a hold-over is on a month to 19 month basis and you have to give intention to surrender the 20 premises in writing at least 90 days prior to the 21 expiration of the term. 22 That seems to be a requirement of the lease. I 23 don't know. I'd have to do a little more research on it, 24 but that's what it seems to say. 25 Q. Would you agree that you did not give 90 days 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 written notice of any intention that you may have had to terminate the lease prior to its date of expiration? A. Well, I don't know the answer to that. Q. We're talking about Hrit1:en notice here, Karl. A. Again Q. Did you give written notice to Liberty Holding 90 days prior to the expiration of the term of the lease that it was your intention to vacate the lease, get out of the lease? A. Are you asking if I gave it or if Rominger, Inc. gave it? Q. Either. A. Okay. I don't recall giving them written notice. Glen Scales, who worked for me at the time, took care of a lot of bill paying and interfaced with Liberty Holding quite a bit. So I'm not certain if Glen had provided them anything in writing or not or faxed them anything. I don't know that he did, nor am I suggesting that he did necessarily. But without going back and going over things with him, I don't know the answer. So, no, I did not, to my best recollection or knowledge, send anything in writing to Liberty Holding. Whether anybody from Rominger, Inc. did or not, I can't say definitively no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 Q. And this matter has been in litigation since 2001, correct? A. I wouldn't say that. For the last two years it's been not in litigation. Q. Litigation has been pending since 2001, correct? A. I agree a case was initiated in 2001. This case has not been litigated until most lately. Q. Since 2001 or even today, can you point or present any document that would shm, that written notice was, in fact, given to Liberty Holding? A. Not at this time. Q. And you haven't presented that throughout the course of this pending litigation, correct? A. Not to my recollection. Q. That's a no? A. It's-- MR. MANGAN: He answered the question. Not to his recollection. BY MR. TRAXLER: Q. Karl, if you'll turn to page 6, please. A. Okay. Q. If you look at subparagraph (c) on that page. A. Um-hum. Q. Would you agree that that subparagraph contains language pertaining to the recovery and/or reimbursement of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 attorneys fees and/or legal services? A. It doesn't reference attorneys fees or litigation directly, so I think like-minded jurists or reasonable jurists could disagree on whether or not this an attorney fees clause. Q. I didn't ask you if it was an attorneys fees clause. A. What were you asking -- repeat the question then. I'm confused. Q. Does this paragraph provide in the event of default that the Plaintiff, Liberty Holding, would seek reimbursement for their legal services and that you, as the lessee of that property, would be responsible for the same? A. It would vary on the different situations, in my mind. Q. Karl, why don't you just read paragraph (c) into the record, please. A. C, Reimbursement of Expenses if Curing Tenants Default: In case the lessor, comma, by reason of failure of lessee, comma, after due notice, comma, to perform any covenant, comma, term, comma, or condition of the lease, comma, shall payor incur any sum of money, comma, or shall expend any sums for legal services clue to litigation, comma, then the sum or sums so paid or incurred, comma, with interest, comma, shall be added to the installment of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 rent next becoming due, comma, and shall be collectable, and shall be collectable, and shall be collectable as additional rent, comma, in the same manner and with the same remedies as if it had been ordinarily reserved. Q. Thank you, Karl. Let the record reflect that the words and shall be collectable only appear once in that subparagraph (c). A. Yeah. I guess I was getting hung up on the and. Q. Karl, you don't dispute that you didn't pay rent for the months of July, August and september of 2000, do you? A. I don't believe we did. So I don't think I'm disputing that. Q. And you don't dispute that demands were made by Liberty Holding of Rominger, Inc. for payments of rent and electric for those months, do you? A. I believe demands were made, yes, and they were answered. Q. And in addition, demands were made for payment of rent in June, correct? A. I believe that's true also, but I'm not positive. Q. And to date, you have not paid or reimbursed Liberty Holding for any attorneys fees that they have spent in their efforts to collect back-due rent, have you? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 A. I haven't given them any money for those rents, for misbilled electricity or for allegedly incurred attorneys fees. Q. SO, no, you haven't made payment for the rent, correct, or attorneys fees? A. That is correct. MR. TRAXLER: Off the record. (Off the record.) BY MR. TRAXLER: Q. Karl, are you aware that there was a hearing held before a District Justice Corn~al based upon a complaint that was filed by Liberty Holding against Rominger, Inc. and yourself on February 5th, 200l? A. I don't know if there was a hearing held or not. Q. If I showed you a copy of the notice of hearing, would that refresh your recollection? A. Well, it might except that in the district justice practice in the Commonwealth of Pennsylvania, the first notice purports to set up a hearing which is, in fact, not a hearing, and the district justice only holds a hearing if a Notice of Intent to Defend is received at which time they schedule it. So I'm not sure if that, you know, what you're going to show me or whether that would help me understand whether a hearing was held or whether the Court simply 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 entered a judgment on the docket. (Rominger Exhibit No. 2 was marked.) MR. TRAXLER: Let the record reflect that I'm handing defendant's counsel a copy of what's been marked as Rominger Deposition Exhibit 2. BY MR. TRAXLER: Q. Karl, in the course of your practice as an attorney, do you have the opportunity to review these types of hearing notices? A. I do. Q. And would you agree that this was a complaint filed by Liberty Holding against Rominger, Inc. and Karl Rominger in District Justice Correa:.' s office? A. Actually, no. But if you want to -- Q. Would you agree that it Has a complaint filed by Liberty Holding? A. That I would agree. Q. Would you agree that Rominger, Inc. is named as a defendant? A. Well, that's kind of always been a point of dispute. Q. Under the caption Defendant, do the words Rominger, Inc. appear? A. I do see those words there. Q. And that is a Notice of Hearing, correct? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 A. It appears to be. Q. And the date of that hearing, could you read that into the record, please? A. It says a hearing has been set for this matter on 2/5/01. Q. A. Did you appear at that hearing? Well, as I told you, that's not a hearing that anybody appears at under district justice practice in Pennsylvania. So the short answer is no, I wouldn't have appeared at that hearing. If there was a hearing, it wouldn't have happened on that date. Q. Are you sure of that? A. Well, what happens -- and I don't know if you've ever practiced in front of the district justice in Pennsylvania, sir. I assume you might have. This is a Notice to Defendant. If the Defendant enters an Intent to Defend, you can do that. Although typically in many cases, as attorneys, we tell the clients simply don't do anything, see if the Plaintiff enters a default judgment and then take an appeal from the default judgment to the Court of Common Pleas where we can litigate for real rather than wasting our time in front of a district justice to have the matter, at the time, like a $45 appeal fee, applied to these things. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 But I also believe in looking at this that this was not against Rominger, Inc. So I don't know. I did not appear at such a hearing. Q. SO, correct, you didn't appear on February 5th, 2001, correct? A. Correct. Q. Thank you. (Rominger Exhibit No.3 Has marked.) MR. TRAXLER: Please allow the record to reflect that I'm handing defendant's counsel a copy of what has been marked as Rominger Deposition E:xhibit 3. BY MR. TRAXLER: Q. Karl, what is the title of that document? A. Notice of Judgment, slash, Transcript Civil Case. Q. And you'll notice in the left-hand column there are two X'ed boxes, boxes with X's in them. A. Right. Q. One states judgment was entered for. What name follows? A. That appears to be for Li_berty Holding CO. Q. And the next box with an X in it states judgment was entered against. State what appears after that language, please. A. Well, it says that it was entered against an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 entity named Rominger, Inc., comma, Karl E. Rominger. Q. Thank you. And the date of judgment? A. It looks like 2/5/01. Q. Thank you. And in your experience as an attorney, you are aware that you could have appeared at that date or at a hearing in that matter on any other date and defended the claim against you, correct? A. No. I didn't think there was any claim against me. Q. But if there were, you certainly could have entered an appearance and defended yourself or your corporation? A. Could have. Q. But you didn't? A. Wouldn't usually advise i_t. Q. But you didn't? A. Did not, if it was against me. Q. You appealed that judgment, correct? A. I believe I did appeal it. Q. Obviously you did or we Houldn't be here today, correct? A. That's how it works. Q. Now, Karl, why don't you tell us how it works after an appeal is filed. What is then required of the Plaintiff in this type of matter? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 A. Of the Plaintiff? I believe the Plaintiff has to then file a complaint. Q. And did the Plaintiff do that in this matter? A. I think at some point, yeah. Q. And were they represented by counsel for that? A. Can I see the complaint to refresh my recollection to see who signed it? MR. MANGAN: I just want to make clear here that Karl is here as a representative of Rominger, Inc., not as an attorney giving his opinion on legal matters. MR. TRAXLER: Certainly. But he has knowledge outside his capacity as president that is relevant to his testimony here today. MR. MANGAN: Mr. Rominge:, is here as the representative of Rominger, Inc., period, so he should be testifying as to matters related to Rominger, Inc. MR. TRAXLER: Rominger, Inc. was involved in this litigation. MR. MANGAN: But to delve into these matters about procedural issues I think is -- MR. TRAXLER: Well, it's clear on the record that the Plaintiff, Liberty Holding, was represented by counsel for the filing of that complaint. The record speaks for itself. THE DEPONENT: As it does to all these other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 documents you're asking me about. MR. TRAXLER: I don't think all of these documents are on the record. Certainly the district justice documents are not on the record. BY MR. TRAXLER: Q. And after complaint, ans\"er, preliminary objections, this matter was listed for arbitration, correct? A. It was eventually listed for arbitration, correct. Q. And a panel of three arbitrators was appointed to hear this claim, correct? A. Correct. Q. And the Plaintiff was represented by counsel at that time, correct? A. I believe so. Q. And did you appear at the hearing to hear this claim? A. No. For some reason, it was not on my calendar. I believe it was scheduled initially and then rescheduled or something happened and somehow it did not end up on my calendar. Q. But you did know that it was rescheduled, correct? A. I don't know. Most of my scheduling I'm usually 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 unaware of. Q. Do you make it a practice to not be aware of what's on your calendar? A. Well, I know what's on my calendar. The problem is I don't know what's not on my calendar or what's incorrectly calendared on my calendar, for that matter. Q. You are aware that this matter, this arbitration hearing was rescheduled at least once, correct? A. I'm aware of that. I don't know when I was first aware of that, but I'm aware of it now. MR. TRAXLER: Let the record reflect that I'm handing defendant's counsel a copy of what has been marked as Rominger Deposition Exhibit Numb,=r 4. (Rominger Exhibit No. 4 was marked.) BY MR. TRAXLER: Q. Karl, this is a copy of the letter from Co-counsel John A. Abom to the arbitrators appointed to hear this claim, and it involves a continuance. And on the bottom there are certain individuals that were carbon-copied with that correspondence. Does your name appear? A. It does. (Rominger Exhibit No.5 was marked.) MR. TRAXLER: Please allow the record to reflect that I'm handing defendant's counsel a copy of what has 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 been marked as Rominger Deposition Exhibit 5. BY MR. TRAXLER: Q. This is a letter pertaining to the rescheduling of the arbitration hearing, correct, Karl? A. You looking at 5? Yeah. It does refresh my recollection a little bit. Q. And if you'll turn to the second page, were you carbon-copied with that letter? A. Well, it purports that I was carbon-copied. MR. MANGAN: Whether or not he actually received it, that's open to debate. BY MR. TRAXLER: Q. But what is not open to debate is that you did not appear at the arbitration hearing scheduled for September 26th, 2003, correct? A. Was that when it happened? Q. Yes. A. No, I did not appear. Q. And you were aware that the Plaintiff was represented by counsel at that hearing, correct? A. I assume so. Q. And you are aware that following that hearing judgment was entered against you -- or, I'm sorry, against Rominger, Inc., correct? A. Yeah, I think it was. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 (Rominger Exhibit No. 6 was marked.) MR. TRAXLER: Please allow the record to reflect that I'm handing defendant's counsel a copy of what has been marked as Rominger Deposition Exhibit Number 6. BY MR. TRAXLER: Can you identify that Exhibit for us, please, Q. Karl? A. Q. award? A. Q. A. Well, it looks like the arbitrators award. And who is the Defendant in that arbitrators It appears to be -- Look at the caption. Well, the caption says Rominger, Inc., but the language, itself, also has Rominger, Inc. in parentheses. Q. And if you can read onto the record the award given by the arbitrators. A. With respect to the claim in favor of the Plaintiff and against Defendants in the amount of -- I don't know where this number came from, but $6,622.22 plus statutory interest and attorneys fees in the amount of $3,359.99. With respect to counterclaim, they found in favor of Plaintiff and against Defendant. Each party to pay own costs. Q. And you appealed that judgment, correct? A. I certainly did. I was very upset that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 Mr. Abom, upon not seeing me present, made no efforts to contact me. Q. SO now you're of the opinion that it's opposing counsel's obligation to make sure that Defendant appears at a hearing that he received due notice of? A. Well, you just said due notice. I see a July 7th letter and a July 9th letter which purport to carbon copy to my office. For reasons unknown to me, it wasn't on my calendar. But, yes, under the Rules of Civility and the Code of Conduct, it's generally appreciated in Cumberland County. I can say that I've never started a hearing without another attorney present without making an inquiry as to their office to see where they are and whether they would be available. And if there's an oversight or a problem, I would graciously continue it just as I did when Mr. Mumma's mother died. Q. Karl, are you aware that the arbitration panel or someone from that panel called your office before the hearing began? A. I have no knowledge of that. Q. Safe to say that that hearing was to afford you the opportunity to defend your corporation in this claim, correct? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 A. Not the way it was held. Q. But the hearing was scheduled to allow you the opportunity to defend your corporation, correct? A. I disagree with that. I don't know why we didn't hear about it or why we didn't know when it was. I don't know if that Has an error by a scheduling secretary or the failure of Mr. Abom to send clocuments. It's not the first time in this case Mr. Abom has indicated he sent documents which we didn't get which includes these Requests for Admissions which he claims he gave it one date and we didn't get. So in history of the case, it looks like both law offices may have had some difficulties with scheduling. And, again, without getting into fUl:ther detail, I have no way to answer you on that point. I would suggest perhaps we depose our staffs and the arbitrators to get to the bottom of this. But most certainly if I had known when this hearing was, I would have been there to defend it. It was my intent at every instance in this case to defend the specious claim, especially because vie were double billed for electricity and especially because we had MR. TRAXLER: I'm going to object. Karl, this is nonresponsive. I didn't ask a question to elicit any of this testimony, and I'm going to move to strike that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 testimony. BY MR. TRAXLER: Q. In October of 2000 prior to this litigation being initiated, do you recall send~ng a letter to Liberty Holding offering to settle the demands that they had made at that time? A. I don't recall it, but if you have such a letter, I would be happy to look at it and see if it refreshes my recollection. Q. Do you recall receiving a letter from Liberty Holding accepting your written offer? A. Again, I don't recall. I'd have thought I'd been sued to enforce a settlement if anything occurred. Q. In November of 2000, do you recall having a conversation with John Mumma outside of a bank? A. I seem to remember Mumma accosting me. I think that's maybe what happened. Q. You had a conversation, correct? A. I think Mumma was in pub:.ic trying to tell people that I owed him money or some such thing in violation of the Fair Debt Collection Practices Act, and I think I told him as much. But I don't -- to be honest with you, I can't recall which run-in Hith Mumma that would have been. But I swear I remember him accosting me in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 bank when I was going to make a deposit or something and him trying to tell the bankers that they should give him the money because it was his and I'm a no-good louse or -- I don't know what his exact words were, but it was along those lines. Q. SO you did exchange words? A. Something, something with Mumma, yeah. Q. In November of 2000. Did you at that time make any indication that you were going to make payment on the back rent that you owe? A. I can't remember the conversation. I can just remember that it wasn't pleasant, and I felt Mr. Mumma was being inappropriate in public. I remember that portion of it. But I doubt we had a peaceful exchange after that. I'm not known for my -- I'm not known to be quickly cooled when somebody offends me in such a manner. MR. TRAXLER: That concludes Plaintiff's direct. EXAMINATION BY MR. MANGAN: Q. Mr. Rominger, just a few points to go through. Back when Mr. Traxler handed you Deposition Exhibit Number 2 -- that is the civil action hearing notice -- is there such an entity called Rominger, Inc., comma, Karl E. Rominger? A. No, there is not. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 Q. Could that be a reason why you did not receive this notice? A. At the time when I received that, I was confused and, in fact, took the position, I believe, that -- and generally from district justice practice, usually you would see two separate entities and two separate hearing notices, so you would see one for Rominger, Inc. and one for Karl E. Rominger as separate notices. Same with the judgment; when the district justice enters judgment against multiple parties -- and any lawyer of the Commonwealth would be familiar with this -- you get multiple judgments. So generally speaking, the judgment should have said against Rominger, Inc., and then there should be a separate one against Karl Rominger if, in fact, Mrs. Correal had actually entered judgement against the two distinct entities; me, the person, and the corporation. MR. TRAXLER: I'm going to object as to relevance with this testimony. It's clear at this point that this litigation only involves Rominger, Inc., does not involve Karl Rominger at this time as an individual. Therefore, it is irrelevant. The current litigation is against Rominger, Inc. only. MR. MANGAN: This course of testimony is relevant because you made it a point that judgment was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 entered against Rominger, Inc., coronIa, Karl E. Rominger. So Mr. Rominger is explaining the relevance of the caption. BY MR. MANGAN: Q. Go ahead. A. And so originally looking at it I wasn't sure who they were suing, and I thought maybe I'd take the legal argument, let them get a judgment against some imaginary entity. But then when the judgment was entered, on the interest of precaution, I decided to appeal the judgment. And actually I believe Mr. Abom then filed a motion to strike my appeal which was summarily denied, and I was removed individually from the lawsuit by agreement of Mr. Abom in front of the judges. Q. Okay. A. So absolutely up until that point, at least one of the defendants was cleared entirely, and that left Rominger, Inc., the corporation I had to defend. Q. Previously Mr. Traxler had asked you some questions about the assets of Romin-;rer, Inc. Do you remember that course of questioning? A. Yes. Q. Part of your response was that you had limited tangible possessions that are owned by Rominger, Inc. And is it correct that you had mentioned that you currently own computers? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 A. Correct. Q. Back during the time of the lease when you were renting the property at ten South Court Street, did you also have computers? A. Yes, we did. We had, I believe, three PC's and one IMac on the facility. Q. Mr. Traxler had also asked you some questions, do you remember, about not paying any rent from certain months in the year of 2000? A. Correct. Q. Okay. Is there a reason why you stopped paying rent at that point? A. We were having extreme difficulty with the electrical systems in the building. There was repetitive and constant brownouts throughout the summer which began to make it almost impossible to leave the computers powered up and almost impossible to work on the computers. Even if you didn't lose data, I mean, even if -- we didn't have a back-up system on the computer, so we were at the mercy of the power system, its surge protectors. But even if you properly save and back up the data every two minutes, which takes time away from the efficiency of the operation, as you ,. 11 remember back then, I think it was Windows '98, it takes a very long time to 45 1 boot up a computer that's been turned off, get it back up. 2 So literally, you know, instead of an employee, 3 or a contractor, sitting at the desk and being able to 4 enjoy the use of the computer for eight hours, they were 5 spending inordinate amounts of time either without the 6 computer or waiting for it to reboo-c, open up all the 7 programs again, find the files, res-:ore the files only to 8 have the power shut down again. 9 Q. Based on that testimony, would it be your 10 position that you were constructively evicted from ten 11 South Court Street? 12 A. Well, in my capacity as president, I don't know 13 if I would use the term constructively evicted. In my 14 capacity as a lawyer I would. 15 As a capacity as a business owner, I'd have 16 said, I'm not able to do my business, this place is no 17 longer fit for what they purported to rent it to me for 18 which was a place where we could operate our web company. 19 I made repeated demands, and Mr. Adler told me 20 repeatedly that he was looking into it, that Mr. Mumma 21 simply wouldn't authorize the expenditures to fix the 22 electrical system, etcetera. 23 I then went and talked to co-tenants, including 24 the tanning salon. They were also being hammered by the 25 brownouts, unable to tan, cut nails and do things. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 And then we started to compare electrical bills, and we found out that my electrical bill, for a similar size space as hers, was identical even though she was running tanning beds. That made it even more questionable to me what was going on with this electrical system. MR. MANGAN: Any redirect? EXAMINATION BY MR. TRAXLER: Q. During cross, Karl, you a.dmitted that you didn't pay rent for July, August and September due to an alleged problem with the electricity supply" correct? A. Correct. Q. Did you hold that rent that you failed to pay in some sort of escrow account to be paid once this alleged problem was remedied? A. No. Q. I've heard the term brownout recently with the power system failures in California. Do you have a definition of what a brownout is? Are you an expert, an electrical expert, that can explain brownouts to us? A. Well, it just so happens, sir, when I was at Allegheny College, my job was to be the stage manager for a 1700 seat auditorium. I was also the electrician for that stage, and I actually ran wires from a 500-amp service, installed switches, installed lights, actually did 47 1 hard-wiring, pulled conduit. 2 I've rewired a veal barn in conjunction with an 3 electrician. I've also wired the garage at my mother's 4 house a few years back. So I know a little bit about 5 electricity and how to do wiring and how these things 6 should work. So, yeah, I do have some particular and 7 unique knowledge. 8 With that said, unique and particular knowledge, 9 what I mean by brownout is when -- a blackout is when the 10 power will go off entirely. A brownout is when the 11 building either doesn't have sufficient electric supply to 12 meet the load that's on it or some bigger power thing goes 13 down. 14 And what was happening was if you had a light, 15 let's say a 100-watt bulb, instead of glowing at 100 watts, 16 it would glow just dimly; meaning there's still power 17 flowing through the building, but not enough to energize 18 things fully. 19 So your computers, for instance, were in a very 20 dangerous state. Enough power was being put into them to 21 make them think that they could run, but not enough, say, 22 to power the fans which would help cool it down, etcetera. 23 So what it is, it's like a low level of 24 electricity. It's not complete loss of electricity. None 25 the less, your lights don't -- your fluorescent bulbs don't 48 1 light up, your standard incandescent bulbs glow very dimly 2 and your computer hums or buzzes in the back and the power 3 supply, sometimes the fans come up, come down, the 4 circuitry turns on, turns off, and it can happen hundreds 5 of times in a minute. 6 It's a very dangerous situation for high-end 7 electrical equipment. 8 Q. But you did state that you had surge protectors 9 to protect against that type of failure, correct? 10 A. Against a surge, but not against a brownout. 11 And unfortunately -- I mean, I told Mumma and Adler -- and 12 Adler was the point of contact about it repeatedly -- it 13 was affecting every business in the building. 14 At some point Adler said he was going to hire 15 his own electrician and actually did bring an outside 16 electrician in to look at the matter because Mumma was 17 refusing to do anything about it. It made business 18 impossible. 19 Q. And, again, you didn' t pJ~ovide them with any 20 type of written notice saying, hey, we're having this 21 problem with the electricity, we're going to withhold rent 22 until it's remedied, correct? 23 A. To my recollection, no. 24 Q. And you didn't provide them with written notice 25 stating that because of this problem and their failure to 49 1 remedy the problem, or alleged problem, that you were going 2 to vacate the premises, did you? 3 A. I told them that repeatedly. Did I reduce it to 4 writing? I don't believe so. But I don't think I was 5 under the impression that I needed to based upon the 6 assurances that I was getting from Hr. Adler. 7 Q. Who were the employees working out of the office 8 at that time? 9 A. At that time, I believe during most of the 10 brownouts, Glen Scales and Bill -- I can't remember Bill's 11 last name. 12 MR. MANGAN: And I'm just going to interject 13 right now because you referred to them as employees, and I 14 believe they were independent contractors. 15 THE DEPONENT: Well, Glen and Bill at that time 16 may have been payroll employees through Paychecks. They 17 may have been. Glen was originally a sales contractor, 18 then actually came on full-time, and we used Paychecks to 19 do payroll. 20 And then we hired -- oh, Bill Gillespie was the 21 other fellow's name. He was a graduate of the law school 22 who had not passed the bar exam. fuld he worked for me for 23 some period of time before he moved to Syracuse to work in 24 a book store, I believe. 25 And then subsequent there was also another gal 50 1 who worked for us whose name I couldn't even tell you. She 2 only worked about two weeks. She had been laid off by 3 Giant, was looking for a job; came in and tried it out, but 4 then immediately left. 5 BY MR. TRAXLER: 6 Q. Do you still have contact information for any of 7 these employees? 8 A. The Gillespie and the other gal, no. Glen 9 Scales actually was living in Carlisle, and I had regular 10 contact with him until most recently. He took a job in 11 Virginia as a radiologist, or a radiology tech, I should 12 say. 13 Q. And when did you begin experiencing these 14 alleged difficulties with the electricity? 15 A. Well, I'm not sure. But part of the problem was 16 the air-conditioner would also not run. It would become 17 very hot. So I'm certain it was during the summer in the 18 hottest months of the year, so I believe it was like June, 19 July, August, somewhere in that neighborhood. 20 But I know part of the -- that was one of the 21 other issues was the air-conditioner simply didn't run 22 during these time periods. 23 Q. And you were operating out of the premises 24 subject to this lease in June, July" August, correct? 25 A. I believe so. 51 1 Q. And were you there any portion in September? 2 A. I don't know the answer to that. We pulled out 3 everything we could and took it over to the new location. 4 I believe that a couple of desks that belong to Randy 5 Heishman who rented Mandy's Coffee Shop may have been left 6 behind. 7 But other than that, I don't believe we -- I 8 believe we had done a complete pull--out. I'm not certain 9 now of when we actually, actually the last date anybody 10 from our organization would have stepped a foot in there to 11 strip wires or pull anything finally out. 12 We left the place in the same condition we came 13 upon it; actually in better condition. 14 Q. Due to your experience with electricity that you 15 gained from undergrad -- it sounds like you have quite a 16 bit of knowledge pertaining to the issue -- did you make 17 any attempt to say to Liberty Holding, I'll fix the 18 problem, allow me access, and we won't have a problem 19 anymore? Did you make any attempt to fix it on your own? 20 A. No, I wouldn't be qualified to fix a general 21 brownout in the building. I'm not an electrician. I'm 22 just a wanna be. 23 Q. Do you know what the cause of the problem was? 24 A. Well, I believe upon subsequent examination of 25 the basement by the number of different electricians that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 the wiring in the basement was not properly done. I'm told that it didn't meet Code and that there may have been too many tenants placed in the building with too many electrical appliances versus the total service which the building had. MR. TRAXLER: And I'm go:Lng to object to that testimony. I asked for his personal knowledge. He's giving hearsay testimony at this time. THE DEPONENT: I just told you what I know, and I learned that -- I saw pictures of the basement. I didn't actually go in the basement. I saw pictures taken down in the basement. The thing looks like an 1802 wiring job. I mean, I'm surprised there wasn't tubes and knobs down there. Just generally speaking, it was horrendous. I was also there when we took the meters apart and found out the meters weren't properly wired. I'm not certain if that was causing any of the trouble or not, but that certainly --- all the electricity had to flow through these improperly wired meters too. That may have been part of the problem. BY MR. TRAXLER: Q. And you can't recall the exact day that you vacated the premises, correct? A. No. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TRAXLER: Nothing fu:rther. MR. MANGAN: No recross. (The deposition concluded at 11:30 a.m.) 54 1 COMMONWEALTH OF PENNSYLVANIA ) ) SS. 2 COUNTY OF CUMBERLAND ) 3 4 I, AMY R. FRITZ, R.P.R., a Court 5 Reporter-Notary Public authorized to administer oaths and 6 take depositions in the trial of causes, and having an 7 office in Carlisle, Pennsylvania, do hereby certify that 8 the foregoing is the testimony of ~~ E. ROMINGER. 9 I further certify that before the taking of 10 said deposition the witness was duly sworn; that the 11 questions and answers were taken down stenotype by the said 12 Reporter-Notary, approved and agreed to, and afterwards 13 reduced to computer printout under the direction of said 14 Reporter. 15 I further certify that the proceedings and 16 evidence are contained fully and accurately in the notes 17 taken by me on the within deposition, and that this copy is 18 a correct transcript of the same. 19 In testimony whereol', I have hereunto 20 inscribed my hand this 14th day of l~pril, 2005. 21 23 NOTARIAL SEAL Amy R. Fritz, Notary Public City of Carlisle, Cumberland County My commission expires February 9, 2006 ~ 72:iAd/._ Notary E~liC I 22 24 25 F ~OM : ;.'-1", . I Mar. 19 2001 11:38AM P7 LIBERTY HOLDING COMP~IY CoMMERCIAL 1EASE PlIRTIES. t, THIS AGREEMENT OF LEASE, made this 6th da of May, 1999, between Liberty HOlding Company (for the p1.:lrpOSe f this Lease to be known as the "Lessor") and Rominger, Inc for the; purpOSe of this lease to be known as the "Lessee"). PREMISES WITNESSETH, that the said Lessor, in cons"deration of the rents and covenants hereinafter mentioned, does emise and lease unto the said Lessee, all that certain space consisting of appro:Kimately (783) seven hundred eighty three sq are feet, known as 10 South Courthouse Avenue, Suite 103, Carlisl , PA 17013. TERM TO HAVE AND TO HOLD unto the 11355ee, Subject to the conditions of this Agreement for the term beginning on the 11th day of May, 1999. This Lease shall be in effect: for a int1al term of 1 year, beginning on May 11, 1999 through June 1, 000. This lease shall be in effect for a term of one (1) ye,ar. RENT IN CONSIDERATION of which, the said I,essee the said Lessor for the use of said premises, thousand eight hundred eighty and 40/100($8,888.4 paid prior to the first day of the month for whi follows: grees to pay to a sum of eight )dollars, to be it is due, as May 1999 July 1999 September 1999 November 1999 Janual:Y 2000 March 2000 May 2000 $333.40 500.00 783.00 783.00 783.00 783.00 783.00 Jur.,e 1999 Auqust 19 Oct:ober 1 DeceInber February Apdl 200 $500.00 500.00 783.00 783.00 783.00 783.00 All rental payments are dUe and payable on he due date as specified in this paragraph. Any payment IM,de aft r 5 p.m. on the 1st. day of the month shall be subject to a lat charge of Ten (10%) percent of the rental payment{s) due and paya le. Any payment not made by the 5th of the month shall be su~ject 0 a late charge of twenty (20%) percent of the rental payment due and payable. I A EXHIBIT page 1 FROM ....., .'. ,/ Mar. 19 2001 11:41AM P1 ~J .~w SECURITY DEPOSIT Lessee agrees to deposit with Lessor, at the time of signing this Agreement of Lease, the sum of seven hundred, eighty three and 00/100 dollars($783.00)as 'Security for the faithful performance of all the terms, covenants and conditions of this lease, which sum shall be returned to Lessee at the expiration of the lease term and any subsequent hold-over, subject to the provisions of this Agreement of Lease and, in particular, this section. If Lessee defaults in the performance of any of the terms, covenants and conditions of this Agreement of Lease at any time, Lessor may, at its sole option, use, apply or retain the security deposit, or any portion thereof, as necessary for the payment of any rent or any other sum for which Lessee may be in default, or for any sum that Lessor may expend or be required to expend as a resul t of Lessee's default of any of thlO' terms, covenants and conditions of this Agreement of Lease, including but not limited to damages to the leasehold property caus'=d by the negligent or intentional acts or omissions of Lessee, his invitees or licensees. Lessee hereby waives all rights to any interest accumulated on the afore lllentioned deposit for the entire ter1l1 of the lease. UTILITIES The Lessor shall payor cause to be paid all charges for water, and sewer for the demised premises throughout the term of this lease. The Lessee hereby agrees to use good judgement in respect to said utilities. The Lessee shalLl payor casue to paid all charges for heat, air conditioning, electric, telephone service and janitorial service and to indemnify the Lessor and save it harmless against any liability or damages on such account. THE OEMISE HEREIN CONTAINED IS MADE AND ACCEPTED ON THE FOLLOWING EXPRESS CONDITIONS; 1 . PLACE OF PAYMENT The rent reserved shall be promptly p,;lid on the several days and times specified herein without deduction or abatement, unless hereinafter provided on the contrary, at the principal office of the Lessor. LiJ:::>erty Holding Company 1255 Claremont Road Carlisle, PA 17013 (717) 243-3000 page 2 FROM LHi" '-IL Mar. 19 2001 11:39AM PB 2. INABILITY TO GIVE POSSESSION !he Lesser shall not be liable to the Lessee for any damages which may be caused to the Lessee ~y the failu~e of the Lessor ~o give possession of the demised prem~ses at the t~me agreed upon, ~f said failure is not due to any fault on the part of the Lessor, unless hereinafter prOVided to the contrary. 3. HOLDING OVER AS RENEWAL A holding over by the Lessee beyond the term of this Lease or any hereinafter duly authorized additional term shall be deemed a renewal of the lease on a month to month basis, with said renewal being under and subject to all provisions contained in this Agreement of Lease, and shall be at the option of the Lessor. Lessee shall be deemed to have held over under this paragraph unless it shall have notified Lessor in writing of its intention to surrender the premises at the end of the term hereof at least ninety (90) days prior to the expiration of the term hereof. 4. NEGATIVE COVENANTS OF LESSEE (a) WASTE DAMAGE OR INJURY TO PREMISES; RESTORATION No waste, damage or injury to the premises shall be committed and at the end of the term the demised premises shall be restored, at the option of the Lessor, t<) the same condition in which they were at the commencement of the term, and the cost of said restoration shall be paid by the Lessee, which cost shall be treated as additional rent due and owing under the terms of the Lease. This paragraph is subject to the exception of ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause or happening not due to the Lessee's negligence. (b) LAWFUL POSSESSION; FIRE PREVENTION Said Lessee shall not carryon cLUY unlawful or immoral business in or about the demised premises, and shall not carryon any business which will endanger the building from fi,re or cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. The :Lessee shall USe every precaution against fire or activities which would cause a forfeiture ot any fire insurance that the Lessor has or may hereafter have on said building. The LessE!e shall not operate any machinery or equipment that may be harmful to the buiJ.din<J Or disturbing to other occupants of the building; further, the Lessee shall not place weights in any portion of the demise premises beyond the safe carrying capacity of the structure. page 3 (cl ALTERATIONS AND IMPROVEMENTS The Lessee shall not have the privilege of improving the leased premises for Lessee's own purpose~, . unless. the Lessor approves any proposed improvement (s) in vlr~t~ng, wh~ch approval should not be unreasonably withheld or dE,layed and improvements are made at Lessee's expense. All additions, alterations, and improvements made in or to the demised premises by either Lessor or Lessee shall become the property of Lessor and be surrendered with the premises upon the expiration or sooner termination of this lease; provided, however, that the Lessor shall have the right to require the Lessee to remove such fixtures at the Lessee's cost upon such termination of this lease. The Lessor agrees to make any repairs and be responsible for the cost of any repairs necessary to the property which are not caused by neglignece on the part of the Lessee. Lessee sgrees to inform Lessor for the need of such repairs immediately. The Lessee shall indemnify the Lessor against any mechanic's lien or other lien arising out of making any alteration, repair, addition, or improvement by the Lessee. (d) ASSIGNING, ETC. BY J:'ESSEE The Lessee shall have the right to sublet the partitioned retail portion of the premises. If the Lessor is able to fi.nd another Lessee of h.i.s approval for the pr,emises herein set forth and enters into a lease contract eith th2lt Lessee, then on that date this lease shall be considered terminated without penalty to Lessor or Lessee. (e) USE RESTRICTIONS Lessee shall use the leased premises for the purpose of runnning an internet business, or any retail business. (i) Display no merchandise outside the demised premises nor in any way obstruct the hallS or sidewalks adjacent thereto and store all trash and refuse in appropriatEl containers wi thin the demised premises and attend to the prompt disposal thereof in manner designated by the Lessor. (ii) Display or affix no sign, advertising, placard, name, trademark, insignia, decal, advertising matter, or any other item or items on any exterior door, wall or window space in the demised premises or within five feet of the front of the demised premises in the case of an open storefront, or witbin any entrance to the demised premises without permiss~on of the Lessor. Lessor shall have the right without notice to Lessee and without any liability page 4 FROM ..,j,I- PH' Mar. 19 2001 11:40AM P9 for damage to the demised premises reasonably caused thereby, to remove any items displayed or affixed in violation of the foregoing provisions. (ill) Abide by all reasonable rules and regulations established by LessOr, provided that said rules cmd regulations apply uniformily to all tenants of the building and are reasonable and by no means arbitrary, with respect to the cc'mmon area, facilities, improvements, and sidewalks. (iv) Prevent the demised premises froll' being used in any way which will injure the reputation of the same! or from being used in any way which may be a nuisance, annoyance, inconvenience, or damge to the other tenants, including, without limiting the generality of the foregoing, noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment whic:h may be heard outside the demised premises. 5. LESSOR'S RIGHTS (a) RIGHT OF INSPECTION It is agreed and understood that the Lessor, said Lessor's duly authorized agents, and said Lesso:r's heirs, executors, administrators, successors and/or assigns, may enter the premises hereby leased at any time during the term, for the purpose of inspecting and making of any repairs to the, premises or adjoining apartments, provided that the Lessor gives t:he Lessee prior notice unless it is an emergency to enter the leased premises. (b) RULES AND REGULATIONS The Lessor may from time to time este~lish reasonable rules and regulations for the safety, care and cleanline:s:s of the premises, and for the preservation of good order therein. Such rules and requlations shall, when notice thereof is given to Lessee, form a part of this Lease. No rule or regulation shall be arbitrary, but shall be reasonable in every respect. 6. RESPONSIBILITY OF LESSEE (a) DAMAGE OR INJURIES TO ];'ROPERTY All damages or injuries done to the premises by the Lessee and/or said Lessee's custornel:"s, clerk,;, servants, agents, employees, visitors of the Lessee, and individuals for whom the Les6ee is responsible, other then those caus,~d by ordinary wear and tear, shall be repaired by the Lessee herein. The Lessee page 5 FROM C,;?i ;-C_ :Ie Fi..:ni..,;; Mar. 19 2001 11:42AM P2 covenants and agrees to make said repairs upon twenty (20) days' written notice given to said Lessee by the ~,aid Lessor, and if the Lessee shall neglect to make said repairs or commence to make the same promptly or complete the same within twenty (20/ days after receiving said notice, the Les$or shall have the r~ght to make said repairs at the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, ~Lnd if said expense is made at the expiration of the term, then the cost so made may be collected by the Lessor as additional rent for the use of the premises during the entire term. (b) FAYMENT OF JUDGEMENTS, ETC. The Lessee $hall bear, pay and discharge when and as the same become due and payable all judgments and la~{ful claims for damages or otherwise against said Lessor, arising fj:om the Lessee's use or occupancy of said leased premises and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmless the Lessor, or said Lessor's agents, servants, employees, and the public at large by reason of or on account of the use or misuse of the premises hereby leased, 01:: any part thereof, due to the negligence of the Lessee and/or the said Lessee':;; agent:;;, clerk:;;, servants, employees, visitors, cllstomers, and individuals for whom the Lessee is responsible. (c) REIMBURSEMENT OF EXPENSES OF CURING TENANTS DEFAULT In case the Lessor, by reason of the failure of the Lessee, after due notice, to perform any covenant, term, or condition of the lease, shall payor incur any surn of moD.ey, or shall expend any sums for legal services due to litigation, then the sum or sums so paid or incurred, with interest, shall be added to the installment of rent next becoming due, and shall be collectible as additional rent, in the same manner and with the sam~' remedies as if it had been ordinarily reserved. (d) DISCHARGE OF LIABILITY ]~Y LESSEE In consideration of securing th,~ within Lease at the above-stated rent, the Lessee does hereby re,lease and discharge the Lessor, its agents, servants and/or employees, and said Lessor's heirs, executors, administrators, SUcceSSOlcS and/or assigns from any and all liability by r..ason of any injury, loss and/or damage to any person and/or property in the demised premises, whether belonging to Lessee or any other person, caused by any fire, the b:eaking, bursti~g, stoppage and/or leakage of any water pipe, gas p1pe, sewer, bas1n, water closet, steam pip.. and drain in any part or portion of the demised premises and/or any part or portion of page 6 FROM ." I, .....'11... I'...... Mar. 19 2001 11:42RM P3 the building, of which the demised premises is a part, and from all liability for any and all injury, loss and/or damage caused by the ~ater, gas, stearn, waste and contents of said water pipes, gas pipes, stearn pipes, sewers, basins, water closets and drains, or t~om any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the building, unless directly attributable to Lessor's negligence. (e) The Lessor shall bear, pay, and discharge when and as the same become due and payable all judgements and lawful claims for damages or otherwise against said Lessee, arising from the condition of the premises prior to the date of lease, or resulting from the Lessor's negligence or intentional act, and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and wHl protect, indemnHy and save harmless the Lessee, or said Lessee's agents, servants, employees and public at large. 7. COMPLIANCE WITH GOVERNMENTAL REGULATIONS The Lessor warrants that the premises COmply with all current orders, rules, regulations and requirements of every kind in effect at the time that the Lessee takes possession of the premises. If the premises are found to not be in such aforementioned compliance at the time of possession by the Lessee, The Lessor hereby agrees to pay the full cost of achieving compliance. The Lessor is not responsible for any new orders, rules, regulations, and requirements passed after the date of poss'~ssion of the premises. 8. LIAB-ILITY INSUMNCE The Lessor shall carry fire and hazard insurance for the replacement cost of teh premises, and shall carry liability insurance to afford proptection with limits of not less than One million dollars{$l,OOO,OOO.OO). 9. FIRE INSURANCE Lessee shall carry fire insurance for Lessees's contents with extended coverage on the leased premises in an amount not less then $25,000.00 Lessee agrees to have Lessor added as an additional in,",ured on said insux:ance policy. Les.see agrees to release subro9ation rights on said insurance policy to Lessor in case of damage caused to the demised premises by vh,tue of fire, lightning, or perils of extended coverage. 10. CASUALTY DAMAGE TO LEASE:D PREMISES page 7 FROM ....~ 11 . Ie ~CNUI':I:- '. Mar. 19 2001 11:43AM P4 In the event that the premises occupied by the Lessee shall, c\ll:ing said term be destroyed by fire or other casualty, thereby making the premises untenantable and unfit for occupancy so that the owners thereof deem it advisable to construct a new building, the Lessee or Lessor herein shall have the l;ight to terminate this Lease upon giving 15 days notice in writing to the other party, and the term of this Lease shall cease upon th.. expiration of 15 days after the date of said notice. In the event, however, that the said building shall be damaged by fire, but not destroyed, the Lessor shall cause the building to be repaiJeed and restored to its former condition, then to act with the greatest possible diligence. The monthly rent shall be abated for the period from the date that the damage occurred to the date that the required repairs or restoration work is completed. ~rhe amount by which the monthly rent shall be abated shall be dete~nined on the basis that the ratio of the floor area untenantable bea.rs to the floor area of the entire premises_ Provided, however, that even if the building is not deemed to be destroyed, if the fire damage to the building is such that the Lessee cannot reasonably ..nd practically use the building, the Lessee or the Lessor shall have the right to terminate this Lease by giving 15 days notice in writing to the other party as set forth above in this paragraph. The Lessee herein agrees that in the event that th~l building shall be so partially destroyed by fire as to render said repairs necessary that the said le5~or shall thereupon have the right through his servants and agents, and that the servants and agents of any contractor employed by the Lessor shall have the right to take possession of the premises for the purpose 'Jf making such repairs, and the so taking of possession shall not be an eviction of the Lessee herein and shall in no manner affect this term of Lease. 11. LESSOR'S TERMINATION OF LEASE The said Lessee hereby accepts notic,e to quit, remove from, and surrender up possession of the said demised premises to the said Lessor, its successors and assigns, at the expiration of the said term, whenever it may be determined, ~hether by forfeiture or otherwise, upon 30 days notice to that eff'act, all further notice being hereby waived. And on failure to pay rent, for the space of ten days, after written notice, besides the distress, or upon breach of any other condition of this Leas,s the Lessee shall be a non-tenant, subject to dispossession by the Lessor, without further notice or process of law, with release of e!~ror and of damages, and the said Lessor may re-enter the premises and dispossess the Lessee without thereby becoming a trespasser. 12. WAIVER OF DEMAND FOR RENT The Lessee does also hereby waive any and all demand for page 8 FROM I .'" ~~~ ~ r"I .::: :-::1 ,....-.'.-r-..-:"'t ~ _-...........1......... PHONE NO. Mar. 19 2001 11:44AM P5 payment of the r~nt herein provided for, either on the day due or on any other day, either on the land itself or in any other place, a~d agrees that such demand shall not be a condit~on of, re-entry or of recovery of possession w~thout legal pl:ocess~on w~thout legal process or by means of any actior: or proceedings wha~soever, except as provided to the contrary ~n Paragraph 11 of th~s Lease Agreement. 13. REMEDIES CUMULATIVE All remedies of Lessor herein shall be cumulative and concurrent. 14. LIABILITY RELIEF 1he Lessee hereby relieves the Lessor from all liability by reason of any injury, loss and/or damage to any person or property in the demised premises, which may arise from or be due to the use, misuse or abuse of the elevator(s), hatches, openings, stairways, hallways, that may be (or have been) constructed in the bUilding, or from any kind of injury, loss and/or damage, which may arise from any other cause on the premises or in the building unless directly attributable to Lessor's negligenc~. 15. CONDEMNATION In the event that the premises demised or any part thereof is taken or condemned for a public or' quasi--public use, this Lease shall, as to the part so taken, terminate as the date title shall vest in the condemnor, and rent shall abate in proportion to the square feet of the leased space taken or condemned or shall cease if the entire premises be so taken. If a part taken substantially and reasonably interferes with the function and efficiency of the Lessee I s business, the Lessee may terminate the lease on the remaining portion of the originally demised premises, by delivering a fifteen (15) day written notice to the Lessor, and any dispute under this paragraph shall be subject to the arbitration in accordance with the rules of the America Arbitration Association. In any event, the Lessee waives all claims against the Lessor by reason of the complete or partial taking of the demised premises. 16. QUIET ENJOYMEI'n The Lessee, upon paying the said rent and performing the covenants of this lease, on its part to be performed, shall and may peaceably and quietly have, hold and enjoy the demised premises for the term aforesaid and any herein duly authorized addi.ti.onal term. page 9 FROM - -~ PHONE NO. Mar. 19 2001 11:44AM P6 17. LEASE CONtAINS ALT, AGF:EEMENTS It is expressly understood by the parties that the whole agreement is embodied in this agreement (exE!cuted in duplica~e) and that no part or items are omitted unless t:he same be here~nafter modified by written agreement(s). 18 . GENDER AND NUMBE:R The neuter gender, where used herein, shall be deemed to be masculine or feminine, and the singular number, where used herein, shall be deemed to be plural, whenever, the sense of the instrument sO requires; further, the masculine or feminine gender, where used herein, shall be deemed to be singular wh'anever the sense of the instrument so requires. 19. HEIRS, ETC. This Lease Agreement shall be executors, administrators, successors, parties hereto. binding upon the heirs, and/or assigns of the 20. HEADINGS, NO PART OF' LEASE Any headings, preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaning, construction or effect. 21. SIMILAR PROVISICNS If the subject matter of a provision of the Rules and Regulations is discussed in a provision in the body of the Lease both provision shall be effective as far as the same remai~ cons~s~ent;. however, if the provisions are contradictory, then the prov~s1.on J.n the body of the Lease shall control. day \~~i~~h Witness and seal(s) the ~:? (SEAL) Fclrtner 10 pag COMMONWEALTH OF PENNS~LVANIA COUNTY OF: CUMBERLAND PHONE NO. : 717+243+8204 J~I'\ \ '2. '2.l)Q\ Mar. 19 2001 11:36AM P2 FROM ~ CARLISLE ELECTRIC MaQ.(li,;I.NQ.; 09-2-01 CIVIL ACTION HEARING NOTICE PLAINTIFF; NAME and AODRE5S 'L:rBBR~rY HOLDING CO 1255 4~EMONT RD P.O. lIJOX 15S ~I:IJLE, PA 17013 VS. I OJ Name: Hon. PAULA P. CORRE>>. Addle,,, BAST 'WING - COURTHOUSE ,'. ,.... .."....:1 .;:"'l'~COtJRTHOUSB SQUARE ':::CARt;rSLE, PA n...,.", (717') 240 - 6564 .J 17013-0000 DEFENDANT: NAMe ,mdAOOf!\ESS iROM:IN'GBR INC, KARL B ROHINGER 155 S HANOVER ST CARLISLE, PA 17013 L Docket No.: cv- 0000018 - 01 Date FiI"d: 1/0S/01 ., ::~':::~'-"':':':',.;':',.,..,.>.'.: ,.J a~A'" ~ '; ~:: .. LI~lmTYHoLDING CO/J M ADLBR 12$? . dLAREMON'l' RD P.d;~x:'L5S ~:tSLE~:. PA 17013 i~:i;it)~~:.. '. . ~ :':"J~L:: .':,',:'::~:.:J,", '.. .. . ,...... ..,........ . . . ',' ,'" -,,' '. '" '.:. .,. . , , . ~,' A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 2/05/01 Place: DISTRICT COURT 09-2-01 Time: HAST wpm - COURTHOUSE 9:00 AM 1 COURTHOlllSB SQUARE CARLISLE. PA 17013-0000 NOTICE TO DEFENDJ\NT ~ ",' .. .....: ':;,n,,:., :;"...... .'" If you intend to enter a defense to this complaint, you should so Mtify this office immediately at the above phone number. You must appear at the hearing and present your defense. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. .,>.'~' If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the . hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow, NOTICE TO PLAINTIF:F If the defendant enters a Notice of Intent to Defend, you will be notified of the date and time of the scheduled hearing and must appear. . ..' ',' ..... .... . .... If you are disabled and require assistance. please contact the Mllgisterial District office at the address above. DATE PRDlTBD: 1/11/01 AOPC 3088-94 " COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Milog. Dilll. No.~ 09-2-01 rf)~ \~ <;;'<-V . ' OJ NQm~: 1040". '.. PAuLA P. coRREAL f\dd'''''. 1 COURTHOUSE SQUARE CARLXSLE, PA ',d 17013-0000 ::';: T.~;""";,:~717) 240-6564 ~:.',~: .. LXBERTY HOLDXNG CO/J M ADLER '1255.' CI.U.BMONT RD ;;:P;:().iBOX 158 l" CARLXSLB, PA 17013 It 'It '. 1{,:._:, THI~ IS cT.QN9t!EVYQUT!'!AT:.. . Judgment: 00 Judgment was entered for: (Name) [i] Judgment was entered against (Name) ,J NOTICE OF JUDGMENTITRANSCRIPT _ CIVIL CASE PLAINTIFI-: NAM' and ADD"'53 'LIBER,'l'Y HOLDXNG CO ' 1255 CLAREMONT RD P.o. BOX 158 t?'RLISLE, PA 17013 ..J VS. OEFEND,Q-NT; NAME and ADDRESS IROMUrGER XNC. KARL E ROMJ:NGER 155 Sf HANOVER ST CARLI:SLE, PA 17013 L Docket No.: CV- 0000018-01 Date Filed: 1/08/01 I ..J . 'POR "T.li:TNTn'~' ,,'~~ '.,' T.T~lm'I'V HOT.nnar- I"'ll ROMTNnRR l'N~ lrllRT. R ROUTWr-lm . Daie: .. . Place: Time: in the amount of $ "l. Q 1'; 1 2 on: D D Defendants are jointly and severally liable. ........ ..... . ... n,'. ',-, Damages will be assesse<{on<.' ";;. ).S ,:0 . This case dismissed with?ut prejudice: .' ".-. D Amount of Judgment Subject to AltachmenVAct 5 of 1996 $ D Levy is stayed for days or 0 generally stayed, '~~,..::" . ',:;.~~y.:;: D Objection to levy has been filed and hearing will be held: ~., .. ---:.: .~~ ': ',' . '~. ':.If/ ; ..;' ~, . .... (Date of Judgment) 2/0" In1 ,:Date & Time) .' '~" Amounf of Judgment $ 3.846.1_.a : Judgment Costs $ 70.00 _ Interest on Judgment '$ .00 .;\ttmney Fees. $ .00 Total . $ 3.916.12 Post Judgment Credits $ Post Judgment Costs $ ---------...-- ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AfTER THE ENTRY OF JUDGMENT BY FILING A NOTICE ., ' . OF A~PEAI,. WITH THE PROTHONOT ARYICLERK OF THE COURT OF COMMOt'l !,LEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMI:NTIT SCRIPT FORM WITH. YOUR NOTICE OF APPI:AL. . r::;' ~r0:' 2-5-{)l. . Date ,",. I certify that this is a tru ., , 2-5-01 Date My commission expires first Monday of January, AOpe 315-99 . , District Justice ning the judgmenl. 2006 SEAL ..ABOM& KUTULAKIS --------- ATTOlL"EYS AT LAW July 9, 2003 Jerry R. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Melissa Greeyy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 Lowell Gates, Esquire Gates Lowell & Associates. P.c. 1013 Mmmna Road Lemoyne, PA 17043 Re: Liberty Holding Co. v. Rominger, Inc. Case No. 01-U85 Civil Arbitration Our File No. 01-127 Dear Counsel: 11,ank you to everyone involved in extending your courtesies and understanding widl regard to d,e recent passing of my client's mother. I am writing to confirm with all parties that the arbitration trial in the above captioned matter will be rescheduled to Friday, September 26, 2003 at 9:00am at the Law Offices of Johnson, Duffie, Stewart & Weidner. This date was d,e one date that was available on everyone's schedule. If I have made an oversight and September 26, 2003 at 9:00am is unavailable please contact me and I will (1&l- endeavor to find a new date convenient to all parties. Thank you for your attention to this Inn tter. Sincerely, ,Abom.{Ie KutuJaJds, L.L.P. .".-'" '~'--. If ~- _ ~/1.1-----....... ~, "- lohn A. AiJOffi ". _.. _) ,// JAA/bhs Cc: Karl Rominger, Esquire Mr. Adler Mr. Mumma 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249.0900 FAx (717) 249-.3344 . " . _ABOM cST KUTULAKIS ATIORNEYS AT LAW FAX 761-3015 Jerry R. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 July 7, 2003 FAX 761-30:15 Melissa Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pi\. 17043-0109 FAX 731-9627 Lowell Gates, Esquire Gates Lowell & Associates, P.c. 1013 Mumma Road Lemoyne, P A 17043 Re: Liberty Holding Co. v. Rominger, Inc. Case No. 01-1185 Civil Arbitration Our File No. 01-127 Dear Mr. Duffie, Mr. Gates, and Ms. Greevy: As you know the above referenced arbitration is scheduled to be heard on July 9, 2003 at 9:00am at the Law Offices of Johnson, Duffie, Stewart & Weidner at 301 Market Street, Lemoyne, P A. I leamed today that one of the two principals of Liberty Holding Company, the plaintiff in the above referenced matter, John Mumma, is unavailable at that time due to the recent death of his mother. As you can see from the attached obituary from the Public Opinion of Chambers burg, Mr. Mumma's mother passed away on Saturday, July 5, 2003, and the services will be in Greencastle beginning at 11:00am on Wednesday, July 9,2003. Consequently, I am respectfully requesting the opportunity to reschedule the above referenced arbitration matter. 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 FAX (717) 249-3344 . .' ~ I have spoken with Karl Rominger, Esquire, who indicated his understanding and that he does not oppose my request. I have taken the liberty of obtaining certain dates that are available for Mr. Rominger and myself:.JWy 25, 2003 (PM only), J~, 2003 (PM only), July 27,2003 (AM and P:M):Swtember 22, 2003 (AM and PM), September 24, 2003, (PM only), Sep!.elllbe1' 25, 2903 (AM and Pi\r1), and September 26, 2003 (AM and P:M). I will endeavor to follow up with each of you within the next day to confirm your availability on any of these dates, or I will arrange for an alternative date that is convernent with each of you. Thank you for your attention and courtesy in this matter. Sincerely, JAA/bhs Enclosure Cc: Karl Rominger, Esquire Mr. Adler Mr. Mumma . " LIBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF ~:~ @ ~~fnTAND COUNTY, PENNSYLVANIA ill: OCT 21 2003 ~ NO. 01-1185 CIVIL ACTION - LAW BY: -------------------- v. ROMINGER, INC" Defendant OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. {]-, AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the iollowing award: (Note: If damages for delay are awarded, they shall be separately stated.) With respect to the claim, in favor of the Plaintiff and aaainst the Defendant in the amount of $6.622.22. plus statutory interest and attornevs' fees in the amount of $3.359.99. With respect to the counterclaim, we find in favor of the Plaintiff (Liberty Holdina Companv) and aaainst the Defendant (Rominaer, Inc. ). Each party to pav their own costs. Date of Hearing: 9/26/03 Date of Award: 10/16/03 NOTICE OF ENTRY OF AWARD Now, the /Aay of ()t"Jr\..~P.R , 2003, at :l: ~ I , L.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. \rbitrators' compensation to be (!/AA..' . paid upon appeal: Protho ry $ c290, 1';>1) (M..P . [! _.Sn;~ ~y ;218935 Q SF' ~) ,~', ,:-, ~> ~.: o~.-.. ." 1--}) "):" '<z:./ 3- ~ ","? (;)\ ~. :;1:: (,.) o ~, ~ ~ '1\'~~ "t- ""'-'1<1"\ <l") -;.:-, \ ".q ';:/~:1~":~\ (:- ,"r\ -2- "].? :~ :e- O ..... - RECEIVED JUN 28 mi" LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUl'lTY, PENNSYLVANIA V. : CIVIL ACTION NO.: 01- 1185 ROMINGER, INC., Defendant RULE TO SHOW CAUSE AND NOW, this I~ay Of~, 2005, upon consideration of the Motion For Sanctions, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable dO days from service. J. Distribution: John Mangan, Esquire 35 East High Street Carlisle, P A 17013 ~/}'ha:{('C 'J.N-at C)-, Michael T. Traxler, Esquire Abom & Kutulakis, LLP 36 S. Hanover Street Carlisle, PA 17013 Vii\Cvi\lASNN3d I 'Nn!''''' r1c.",~'! '::Cr;!.!r," I\.i. ,,,."... '" -.. -...i.,',.,,{"lV LI :2 Wd 1- lOrsOOZ AtNlONOHLOUd 3Hl :10 3:)1::l:I(XEfJl::l LIBERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL DIVISION LAW ROMINGER, INC., Defendant : NO. 01-1185 RESPONSE OF DEFENDANT ROMINGER. INC. TO PLAlNTIFF"S MOTION FOR SANCTIONS AND NOW, comes Responding Defendant, Rominger, Inc., (hereinafter "Respondent"), hereby files his Response to Plaintiff's Motion for Sanctions and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted with clarification. Many of Plaintiff's Interrogatories relate to documents that pertain to Rominger, Inc.'s corporate functionslbusiness activities. After Rominger, Inc. was constructively evicted from Plaintiff's property, many, if not all, of Respondent's documents were placed into storage at another location. This storage facility experienced a flood and many of the documents that Plaintiff seeks through discovery were damaged by water and mold. Respondent has been diligently attempting to respond to Plaintiff's discovery by locating all existing documents that are not objectionable and are responsive to discovery. 5. Admitted with clarification. Many of Plaintiff's requested documents relate to documents that pertain to Rominger, Inc. 's corporate functionslbusiness activities. After Rominger, Inc. was constructively evicted from Plaintiff's property, many, ifnot all, of Respondent's documents were placed into storage at another location. 1bis storage facility experienced a flood and many of the documents that Plaintiff seeks through discovery were damaged by water and mold. Respondent has been diligently attempting to respond to Plaintiff's discovery by locating all existing documents that are not objectionable and are responsive to discovery. 6. Admitted with clarification. Many of Plaintiff's requested documents relate to documents that pertain to Rominger, Inc.'s corporate functions/business activities. After Rominger, Inc. was constructively evicted from Plaintiff's property, many, if not all, of Respondent's documents were placed into storage at another location. 1bis storage facility experienced a flood and many of the documents that Plaintiff seeks through discovery were damaged by water and mold. Respondent has been diligently attempting to respond to Plaintiff's discovery by locating all existing documents that are not objectionable and are responsive to discovery. 7. Denied. The corresponding paragraph refers to a rule of civil procedure which speaks for itself and needs no clarification/interpretation by the Plaintiff. 8. Denied. The corresponding paragraph refers to a rule of civil procedure which speaks for itself and needs no clarification/interpretation by the Plaintiff. 9. Admitted 10. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading may be deemed required by the Court, Respondent denies that Plaintiff's discovery request is directed to document information which would rebut Respondent's claim of constructive eviction. There is not a single Plaintiff's Interrogatory that inquires into any issue regarding constructive eviction. II. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied and strict proof thereof is demanded at trial. 12. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied and strict proof thereof is demanded at trial. 13. Denied. The corresponding paragraph refers to a rule of civil procedure which speaks for itself and needs no clarification/interpretation by the Plaintiff. 14. Denied. After reasonable investigation, Respondent is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. WHEREFORE, Respondent respectfully requests that this Court enter an Order DENYING Plaintiff's Motion for Sanctions. Date: ?/~ S/cJy Respec ly submitted, .M~ tt ey for Respondent Attorney 1.0. #87000 35 East High Street, Ste 204 Carlisle, PA. 17013 VerificatioD I, John Mangan, hereby verify that the facts contained within this Response are t1Ue and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. ii~ Attorney for Respondent - VMP MOR1GAGB FORMS - (800)S2Vn91 Pagelof3 Initials: CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certify that on this 25th day of July, 2005 I caused a true and correct copy of the Response to Plaintiff's Motion for Sanctions to be served upon the following persons by hand delivery: Michael T. Traxler, Esq. 36 South Hanover Street Carlisle, PA 17013 - \~~ _...) >c::::< ~~ .~) ,:J> f..) U' 'C'" .-;'~, o -11 .-' -::C-, rnE_ ~n\::1 ~Tj ,- ,"--),t) "" -,.' i':(~) <-:-:'.~_(n . ) --::-~: ,,;.:.... ~ '.~ J;:- - .:;;- - LIBERTY HOWING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CNILACTION NO.: 01-1185 ROMINGER, INC., Defendant MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW, Plaintiff respectfully moves this Court to make absolute the Rule to Show Cause, which was issued in the above-captioned matter on July 1, 2005, and in support of this motion states the following: 1. In Defendant's Response to Plaintiff's Motion for Sanctions ("Response"), Defendant admitted to failing to comply with Plaintiff's discovery requests. See, Response attached as Exhibit "A." 2. Defendant's clarification for not meeting Plaintiff's discovery request is not plausible. 3. Despite Defendant's clarification and representation that Defendant "has been diligently attempting to respond to Plaintiff's discovery by locating all existing documents that are not objectionable and are responsive to discovery," Defendant still has not produced responsive discovery as of the date of this Motion. 4. Defendant has not objected to Plaintiff's discovery requests. 5. Defendant's Response was not timely filed. The Rule to Show Cause was issued on July 1, 2005. Defendant's Response was filed on July 25, 2005, twenty-five (25) days after the Rule was issued. See Rule to Show Cause attached as Exhibit "B." WHEREFORE, Plaintiff respectfully requests that this Court make the Rule to Show Cause absolute and grant PlatintifPs Motion for Sanctions by: I) Prohibiting Defendant from producing any evidmce to support its defense of constructive eviction; 2) Prohibiting Defendant from producing any evidence to support its contention of a liability shield vis-a.-vis a corporate entity; 3) Finding Defendant liable for the claim of PlaintiJf provided Plaintiff prevails on its proof of the claim as due and owing; 4) Directing Defendant to pay the reasonable expenses incurred by Plaintiff in relation to this motion; 5) Compelling Defendant to meet Plaintiff's discovery requests; and 6) Such other order with regard to the failure to make discovery this Court deems just. Respectfully submitted, ADOM & KUTULrlKIS, UP - /7 .- ..-- ;) '~k:: I. /~ Michael T. Traxler, Esquire ill No. 90961 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 CERTIFICATE OF SERVIC]~ AND NOW, this 24th day of August, 2005, I, Emily J. Filiberti of ABOM & KUTULAKlS, LLP, hereby certify that I did serve or caused to be served a true and correct copy of the foregoing MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE by fIrst class mail to the following: John Mangan, Esquire 35 East High Street Carlisle, P A 17013 ~ '- . 4. 1-zJA!XAf;: Emily 1. F' . J Q s._~. r--> .g J' -po c:: G"' r-) .;:- --.-":1,:,', Ij,:~ r' . ~ r> , ~ <"'::-'-1... pC. --7 3. q, ~~ CD -Ot( ~lJ D,_) :('CS'P;\-; ~'7 (r\ .') (::4, "i-; ,~ '"'" ~ r:? j:- -' LIBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO.: 01 -1185 ROMINGER, INC., Defendant MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW, Plaintiff respectfully moves this Court to make absolute the Rule to Show Cause, which was issued in the above-captioned matter on July 1, 2005, and in support of this motion states the following: 1. In Defendant's Response to Plaintiffs Motion for Sanctions ("Response"), Defendant admitted to failing to comply with Plaintiffs discovery requests. See, Response attached as Exhibit "A." 2. Defendant's clarification for not meeting Plaintiffs discovery request is not plausible. 3. Despite Defendant's clarification and representation that Defendant "has been diligently attempting to respond to Plaintiffs discovery by locating all existing documents that are not objectionable and are responsive to discovery," Defendant still has not produced responsive discovery as of the date of this Motion. 4. Defendant has not objected to Plaintiffs discovery requests. 5. Defendant's Response was not timely filed. The Rule to Show Cause was issued on July 1,2005. Defendant's Response was filed on July 25, 2005, twenty-five (25) days after the Rule was issued. See Rule to Show Cause attached as Exhibit "B." WHEREFORE, Plaintiff respectfully requests that this Court make the Rule to Show Cause absolute and grant Phltintiff's Motion for Sanctions by: 1) Prohibiting Defendant from producing any evidence to support its defense of constructive eviction; 2) Prohibiting Defendant from producing any evidence to support its contention of a liability shield vis-a-vis a corporate entity; 3) Finding Defendant liable for the claim of Plaintiff provided Plaintiff prevails on its proof of the claim as due and owing; 4) Directing Defendant to pay the reasonable expenses incurred by Plaintiff in relation to this motion; 5) Compelling Defendant to meet Plaintiff's discovery requests; and 6) Such other order with regard to the failure to make discovery this Court deems just. Respectfully submitted, ABOM & KVTUlAKIS, LLP -/ rJ-- LJ ,~~ /, I~ Michael T. Traxler, Esquire ill No. 90961 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 LffiERTY HOLDING COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CNIL DNISION LA W ROMINGER, INC., Defendant : NO. 01-1185 ORDER OF COURT AND NOW, this day of , 2005, it is herby ADJUDGED, ORDERED and DECREED that Plaintiff's Motion for Sanctions is DENIED. J. Distribution: John J. Mangan, Esq. 35 East High Street Carlisle, P A 17013 Michael T. Traxler, Esq. 36 South Hanover Street Carlisle, PA 17013 LIBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL DIVISION LAW ROMINGER, INC., Defendant : NO. 01-1185 RESPONSE OF DEFENDANT ROMINGER. INC. TO PLAINTIFF"S MOTION FOR SANCflONS AND NOW, comes Responding Defendant, Rominger, Inc., (hereinafter ..., ("') c;) "Respondent"), hereby files his Response to PlaintifPs Motion for Sanctions ana in z~ '-C:~ ;':, L.. c: r-'."" support thereof avers as follows: 1_ Admitted. 2. Admitted. 3. Admitted. 4. Admitted with clarification. Many of Plaintiff's Interrogatories relate to documents that pertain to Rominger, Inc.'s corporate functionslbusiness activities. After Rominger, Inc. was constructively evicted from Plaintiff's property, many, if not all, of Respondent's documents were placed into storage at another location. This storage facility experienced a flood and many of the documents that Plaintiff seeks through discovery were damaged by water and mold. Respondent has been diligently attempting to respond to Plaintiff's discovery by locating all existing documents that are not objectionable and are responsive to discovery. 5. Admitted with clarification. Many of Plaintiff's requested documents relate to documents that pertain to Rominger, Inc.'s corporate functionslbusiness activities. After Rominger, Inc. was constructively evicted from Plaintiff's property, many, ifnot all, of N 0> o -1'1 --< ~:D , , ~l0:"l -_~':; ....1) -S~ -,rT1 '.. ) >-1 -.~,. teIJ :< -n :~',"4 .r ..,- Respondent's docwnents were placed into storage at another location. This storage facility experienced a flood and many of the docwnents that Plaintiff seeks through discovery were damaged by water and mold. Respondent has been diligently attempting to respond to Plaintiff's discovery by locating all existing docwnents that are not objectionable and are responsive to discovery. 6. Admitted with clarification. Many of Plaintiff's requested docwnents relate to docwnents that pertain to Rominger, Inc.'s corporate functions/business activities. After Rominger, Inc. was constructively evicted from Plaintiff's property, many, ifnot all, of Respondent's docwnents were placed into storage at another location. This storage facility experienced a flood and many of the docwnents that Plaintiff seeks through discovery were damaged by water and mold. Respondent has been diligently attempting to respond to Plaintiff's discovery by locating all existing docwnents that are not objectionable and are responsive to discovery. 7. Denied. The corresponding paragraph refers to a rule of civil procedure which speaks for itself and needs no clarification/interpretation by the Plaintiff. 8. Denied. The corresponding paragraph refers to a rule of civil procedure which speaks for itself and needs no clarification/interpretation by the Plaintiff. 9. Admitted ] O. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied and strict proof thereof is demanded at trial. To the extent that a responsive pleading may be deemed required by the Court, Respondent denies that Plaintiff's discovery request is directed to docwnent information which would rebut Respondent's claim of constructive eviction. There is not a single Plaintiff's Interrogatory that inquires into any issue regarding constructive eviction. 11. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied and strict proof thereof is demanded at trial. 12. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied and strict proof thereof is demanded at trial. 13. Denied. The corresponding paragraph refers to a rule of civil procedure which speaks for itself and needs no clarification/interpretation by the Plaintiff. 14. Denied. After reasonable investigation, Respondent is without sufficient knowledge or information to form a belief as to the truth of the averments contained in the corresponding paragraph and strict proof thereof is demanded at the time of trial. WHEREFORE, Respondent respectfully requests that this Court enter an Order DENYING Plaintiff's Motion for Sanctions. Date: 7/~ slur Respectfully submitted, J/~~ kt~;for Respondent Attorney J.D. #87000 35 East High Street, Ste 204 Carlisle, P A. 17013 VerifieatioD I, John Mangan, hereby verify that the facts contained within this Response are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. o angan ttorney for Respondent CERTIFICATE OF SERVICE I, John J. Mangan, do hereby certifY that on this 25th day of July, 2005 I caused a true and correct copy of the Response to Plaintiff's Motion for Sanctions to be served upon the following persons by hand delivery: Michael T. Traxler, Esq. 36 South Hanover Street Carlisle, PA 17013 ------ RE CEIVEO JUN 2 8 100\( c\ LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS ~,);0' Plaintiff : CUMBERLAND COUNTY, PENNSYLV ""<G'f"- r N.., . \tt/' , V. ; CIVILACTIONNO.:01-1185 S>-:- U.' I;, Defendant ". ". ........ (~' ........ '. ........ ROMINGER, INC., RULE TO SHOW CAUSE AND NOW, this I~ay Of~, 2005, upon consideration of the Motion For Sanctions, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable ;) 0 days from service. J. Distribution: John Mangan, Esquire 35 East High Street Carlisle, PA 17013 Michael T. Traxler, Esquire Abom & Kutulakis, LLP 36 S. Hanover Street Carlisle, PAl 7013 TRUE COPY FROM RECORfJ In Tlitimony whereof, I here unto set my hand and the s-3ill of said ~at Cartlsle, Pa. Th/I I~ day . ~ ~5' . ~. ~!Jt7; /A~d<i ProtttonGll!lV ! RECEIVED JUN 282005 i' r LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO.: 01-1185 ROMINGER, INC., Defendant RULE TO SHOW CAUSE AND NOW, this _day of ,2005, upon consideration of the Motion For Sanctions, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable days from service. BY THE COURT, J. Distribution: John Mangan, Esquire 35 East High Street Carlisle, PA 17013 Michael T. Traxler, Esquire Abom & Kutulakis, LLP 36 S. Hanover Street Carlisle, P A 17013 LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO.: 01- 1185 ROMINGER, INC., Defendant MOTION FOR SANCTIONS NOW, comes Plaintiff, Liberty Holding Co., by and through its attorneys, Abom & Kutulakis, LLP, and files the within motion, and in support thereof, sets forth the following: I. On or about April 18, 2005, Plaintiff served counsel for Defendant withp ...., = =' c.f1 Plaintiffs Request for Production of Documents Directed to Defendant. r o ,1 ~ A~?J -"'1\' ' ~t-;r'r' ~')_::i'~ (.') _:..1 Jj :,=')(11 ;,;~~ ~}1 -< Plaintiff s Interrogatories Directed to Defendant. (..- ~~.:: 2. On or about April 18, 2005, Plaintiff served counsel for Defendant with.. (~, " f',' CJ.) -:J " -, .;;:- 3. By correspondence dated May 25, 2005, counsel for Plaintiff reminded counsel for Defendant that verified answers to the interrogatories were due and to request the documents be provided. A true and correct copy of this correspondence is attached hereto as Exhibit "A" and is incorporated by reference. 4. Defendant has failed to serve answers to Plaintiffs Interrogatories. 5. Defendant has failed to produce documents as requested by Plaintiff. 6. Defendant has not objected to Plaintiff s discovery requests. 7. PaRCP 4019 provides for the imposition of sanctions where a party fails to serve answers to interrogatories PaRCP 4019 (a)(1)(i)(iii); fails to respond to a request for production PaRCP 4019 (a)(1)(vii); or where a party "otherwise fails to make discovery or to obey an order of court respecting discovery" PaRCP 4019 (a)(I)(viii). 8. PaRCP 4019 (c) (1)-(5) provide actions pennitted by the Court as sanctions for the failure of a party to comply. These actions include refusing a disobedient party the right to support or oppose designated claims or defenses. 9. Defendant has claimed as a defense to liability the theory of constructive eviction. 10. The discovery sought by Plaintiff is directed, in part, to document infonnation which would rebut Defendant's claim of constructive eviction. 11. Karl Rominger, as an individual has claimed as a defense a shield from liability through a corporate entity they owned and operated. 12. The discovery sought by Plaintiff is directed, in part, to documents and infonnation which would pierce the corporate veil. 13. PaRCP 4019 (g)(3) permits the Court to apportion reasonable expenses incurred in relation to a motion for sanctions. 14. Counsel for Plaintiff anticipates the fees attendant to the filing and hearing on this motion will be $300.00. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order providing for sanctions against Defendant as follows: 1) prohibiting Defendant from producing any evidence at trial of this matter to support their claim of constructive eviction; 2) prohibiting Defendant from producing any evidence at trial of this matter to support their contention of a liability shield vis-a-vis a corporate entity; 3) finding Defendant liable for the claim of Plaintiff provided Plaintiff prevails on its proof of the claim as due and owing; 4) directing Defendant to pay the reasonable expenses incurred by Plaintiff in relation to this motion; and 5) such order with regard to the failure to make discovery as is just. FURTHER, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to meet Plaintiff's discovery requests. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. ~---- 0 - /, /~jJ> Michael T. Traxler, Esquire ( I.D. # 90961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff _.MOM cSt KUTULAKIS - ~ @~ t:? ATIORNEYSATLAW May 25, 2005 John Mangan, Esquire 35 East High Street Carlisle, P A 17013 Re: Liberty Holding Co. v. Rominger, Inc. Discovery Our File No.: 01-127 Dear John: Enclosed please find the remaining information that will satisfy Karl's discovery request for all the electric invoices. In addition, I have enclosed copies of exhibits that I will place on the record during the deposition of John Mumma. Please contact me so that the depositions of J ohn Mumma and Mike Adler can be scheduled to occur in the near future. To date, Rominger, Inc., has not complied with liberty Holding's discovery request forwarded to you by cover letter dated April 18, 2005. Kindly meet those discovery requests within 10 days from the date of this letter. Very truly yours, ADOM & KUTULAKIS, L.L.P. I'u~r~ Michael T. Traxler MTT/ejf Cc: John Mumma & Mike Adler (w/o enclosures) REPLY To: 36 SOUTH HANOVER STREET CARLISLE. PA 17013 (717) 249-0900 1 06 WALNUT STREET HARRISBURG, PA 17101 (717) 232-95] 1 FAX (717) 249-3344 CERTIFICATE OF SERVICE ON THIS, ~day of June, 2005, I, Michael T. Traxler, Esquire, counsel for plaintiff, do hereby certifY that I have caused the foregoing Motion for Sanctions, to be served upon the following individuals, by U.S., first-class mail: John Mangan, Esquire 35 East High Street Carlisle, PA 17013 Attorney for Defendant ABOM & KUTULAKIS, L.L.P. ~-~ I. It. Michael T. Traxler CERTIFICATE OF SERVICE AND NOW, this 25th day of August, 2005, I, Emily J, Filiberti of ABOM & KurULAKIS, LLP, hereby certify that I did serve or caused to be served a true and correct copy of the foregoing MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE by first class mail to the following: John Mangan, Esquire 35 East High Street Carlisle, PA 17013 ;~~11J~' Emily J. F' i o c r-' c.,';:;> c.::> CJ' r> ,- c___ (~.') I') (j'l -, o 11 .-\ :r~J f ,1 ,-- ~''-' ;--\'~ -,'}O t.:}\ ;~~\I -,",'1 ~ (~') ~ \ n , ., i",~:'0- _1 Respondent's documents were placed into storage at another location. This storage facility experienced a flood and many of the documents that Plaintiff seeks through discovery were damaged by water and mold. Respondent has been diligently attempting to respond to Plaintiff's discovery by locating all existing documents that are not objectionable and are responsive to discovery. 6. Admitted with clarification. Many of Plaintiff's requested documents relate to documents that pertain to Rominger, Inc.'s corporate functionslbusiness activities. After Rominger, Inc. was constructively evicted from Plaintiff's property, many, ifnot all, of Respondent's documents were placed into storage at another location. This storage facility experienced a flood and many of the documents that Plaintiff seeks through discovery were damaged by water and mold. Respondent has been diligently attempting to respond to Plaintiff's discovery by locating all existing documents that are not objectionable and are responsive to discovery. 7. Denied. The corresponding paragraph refers to a rule of civil procedure which speaks for itself and needs no clarification/interpretation by the Plaintiff. 8, Denied. The corresponding paragraph refers to a rule of civil procedure which speaks for itself and needs no clarification/interpretation by the Plaintiff. 9. Admitted 10. Denied. The averments in this paragraph are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; therefore, they are deemed denied and strict proofthereofis demanded at trial. To the extent that a responsive pleading may be deemed required by the Court, Respondent denies that Plaintiff's discovery request is directed to document information which would rebut 1RECEIVED AUG 2 B 1006 LIBERTY HOLDING COMPANY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL V ANlA V. : CNIL ACTION NO.: 01 - 1185 ROMINGER, INC., Defendant ORDER AND NOW, this 3D~ day of ~ 2005, upon consideration of the Motion to Make Rule to Show Cause Absolute filed by Plaintiff, it is hereby ordered that Nu 1..1_, w 1':.;:1. Was e.... ~~;;~ ~~ ~ ~ ~~~~~~~~ 1m ~~} ;}/)Or ~UCdL~ = ~ta~ 1, QQi.t ~.... ~ +hY"41~"'.":q~..r:+.,.r1tnPln1rtiff"~~tionfor cA 'O:C/) A-fl. ~~._~vu, ,h~uM u~l b_ f>L4Uix.d,;, ....:db abSOlUte ana me Motion ror ~a/_L_bJ ~r1;\l"il as fo / 1) dant is prohibited from producing any ence to support Defendant's 2) Defendant is prohibited roducing any evidence to support Defendant's contention of a liability shield vis-a- . a corporate enti /' 3) Defendant is. Ie for the claim of Plaintiff provided Plaintiff prevails on its "' proof of the 7g due and owing; ,.--- 4) onable expenses incurred by Plaintiff 5) Defendant shall meet P . tiff's discovery req 'iiithin _days from the date of this Order. J. Distribution: Michael T. Traxler, Esquire Abom & Kutu1akis, LLP 36 South Hanover Street Carlisle, PA 17013 John Mangan, Esquire 35 East High Street Carlisle, P A 17013 '/iNV/'\lASf'JN::id !J"r1~c', ""'-'''(1'' , j'i! 11_,J,! ' , '-''.:'':'~l V 98 :9 WV IS 50V SOUl IV\.ll(",I\' "('I'd :JH1 JO AUf V.\'..-'r1.'..V4..J .:.J 38H:IO"0311::! LIBERTY HOLDING COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROMINGER, INC., Defendant NO. 01-1185 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of September, 2005, after hearing, it is hereby ordered and directed as follows: 1. The Defendant shall respond to the interrogatories within 20 days of today's date or we will impose additional sanctions. 2. The Defendant shall reimburse Plaintiff the sum of $300.00 for counsel fees incurred in connection with this matter. Said $300.00 to be paid within 30 days of today's date. By the Court J. ~chael T. Traxler, Esquire For the Plaintiff ~n Mangan, Esquire For the Defendant srs ~~~ ~~o? ~~ },LFP/):' ,~\ """,<"-\[\8 t. Ii ~Z 'wid 92 tl3S ~~~'L \ \.\'~" ( ',',i",,' I' I c,'d :iI-\). .jO ,....r... ~,V"'-" ""v'" .,.. :lr-.;~qn.-n:n\j ".)~,i"")-' ~