HomeMy WebLinkAbout03-0568F \FILES\DATAFILE\DIEHLDOC\5436 89complaint2/&g
Created 10/16/01 11:56:33 AM
Revised: 02/06/03 013727 PM
543689
ROBERT E. DIEHL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania corporation,
and JOHN D. RESCINITI t/d/b/a
SENATE GLASS & ALUMINUM CO.,
Defendant
CIVIL ACTION - LAW
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON DEARDORFF WILLIAMS & OTTO
Anthony T. Lucido, Esquire
Attorney I.D. No. 76583
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date: February 6, 2003
ROBERT E. DIEHL
Plaintiff
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania corporation,
and JOHN D. RESCINITI t/d/b/a
SENATE GLASS & ALUMINUM CO.,
Defendant
IN THE COURT OF COMMON PLEAS OF
cUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
COMPLAINT
Plaintiff, Robert E. Diehl, is an adult individual with a place of business located at
500 Redco Drive, Enola, Pennsylvania.
2. Defendant, Senate Glass & Aluminum Company, is a Pennsylvania corporation with
its principal place of business located at 17 Brenneman Circle, Suite G, Cumberland County,
Mechanicsburg, PA 17055.
3. Defendant John D. Resciniti, is an adult individual, who trades and does business
under the registered fictitious name Senate Glass & Aluminum Co. with a registered address of 64
Lone Oak Drive, Marysville, Perry County, Pennsylvania.
4. On or about February 13, 1995, Plaintiff leased the premises located at Suite 106,
(unit F) 17 Brenneman Circle, Mechanicsburg, Pennsylvania, (hereinafter the "Premises"), to the
Baldwin Company ("Baldwin") under a commercial lease agreement, (hereinafter the "Lease"). A
copy of the Lease is attached as Exhibit "A" and incorporated herein by reference.
5. The Lease provided for a term of three years, at a monthly rental of $1,566.67,
payable in advance on the first day of every month.
6. Baldwin entered into possession of the leased Premises on or about March 1, 1995
in accordance with the terms of the Lease.
Premises.
8.
At the expiration of the three year term, Baldwin did not remove itself from the
Pursua. nt to paragraph five of the Lease, Baldwin's failure to remove itself from the
Premises renewed the lease for another three year term, beginning on or about March 1, 1998, at a
monthly rental of $1,566.67, payable in advance on the first day of every month.
9. Baldwin subleased the Premises to Defendant(s) on a date unknown to Plaintiff, but
which Plaintiffbelieves, and therefore avers, to have been on or about February 2000.
10. At the expiration of the second three year term, Defendant(s) did not remove
themselves from the Premises.
11. On or about February 2001, Plaintiffdemanded Baldwin and Defendant(s) relinquish
possession of the Premises and to remove all equipment from the Premises.
12. Defendant(s) refused and continue to occupy the Premises after the expiration of the
lease term.
13. Defendants' failure to vacate the premises, surrender the premises, and/or remove
their equipment breached the terms of the Lease.
14. Plaintiff has performed all conditions precedent under the Lease.
15. Defendant(s) have not paid rent for the leased Premises since February 2001.
16. Because Defendant(s) failed to properly vacate and or surrender the Premises as a
sublessee, an agent of Baldwin, and/or a principal of Baldwin, the Lease was subject to an automatic
three year renewal pursuant to paragraph four of the Lease. Defendant(s) therefore owes the balance
of the rent until the end of the third three year term.
17. Pursuant to the Lease, Defendant(s) are responsible for paying a percentage of various
service and maintenance charges, which include the following: governmental or municipal taxes,
insurance, snow removal, lawn maintenance and landscaping, exterior maintenance of the building
and grounds, electricity, and several miscellaneous charges.
18. Defendants' monthly service and maintenance charges are approximately $212.18.
19. Defendant have not paid service and maintenance charges since July 2000.
20. Plaintiff has repeatedly demanded payment of service and maintenance charges.
21. Defendant(s) have failed and refused to pay said service and maintenance charges.
22. By failing to pay service and maintenance charges, Defendant(s) have breached the
terms of the Lease.
23. Pursuant to paragraph fifteen of the Lease, Defendant(s) agreed to repair all damage
caused by lessee to the Premises not associated with ordinary wear and tear.
24. Defendant(s) damaged the Premises during the term of the Lease.
25. Plaintiff requested Defendant(s) repair the Premises to substantially the same
condition in which the Premises were leased to Defendant(s).
26. Defendant(s) have failed and refused to repair the Premises as required under the
provisions of the Lease.
27. By failing to make said repairs, Defendant(s) have breached the terms of the Lease,
including but not limited to paragraph fifteen.
28. Plaintiffbelieves and avers that the fair and reasonable cost of making the said repairs
described above is $20,649.04, as shown more particularly by the estimates and bills attached as
Exhibit "B."
29. Baldwin did pay Plaintiffa $1,400 security deposit at the inception of the Lease.
30. Plaintiff has made demand upon Defendant(s) for payment, but Defendant(s) still
refuse to pay the same or any part thereof.
31. Defendant(s) have failed to pay any amount of money, even to Baldwin as sublessor,
for its occupancy of the Premises since February 2001.
32. Defendant(s) have been unjustly enriched by their free occupancy of the Premises.
WHEREFORE, Plaintiff demands judgment against Defendant as follows:
(A) in the amount of $56,400.12 for rent for the third three year term plus interest, or
alternative, for $34,246.74 for 22 months of rent for their actual possession of the
Premises;
(B) in the amount of $20,649.04 for repairs less the $1,400 security deposit or
$19,249.04;
(C) in the amount of $212.18 per month for maintenance and service (CAM charges)
from July 2000;
(D) costs for this action and attorneys' fees;
(E) any other relief this Court deems just and proper.
In the alternative, Plaintiff demands $34,246.74 in rent on the Premises for 22 months of
occupancy under a quantum meruit theory.
Date: February 6, 2003
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
Anthony T. Lucido, Esquire
Attorney I.D. No. 76583
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
500 Re#co Dr~ye, Eno/a, PA 170£5
Redco 766-2995
/Wobi/e 574-0500
COMMERCIAL LEASE
THIS AGReeMENT of Lease made this
; or anu BaA~WLm CO~ of 210 E
&v.nu., Sharon PA. 19079. (215-586-~782 or 1!-800 342_9~Od
WITNESSETH, That the Lessor, in consideration of the rents
and covenants hereinafter mentioned, do demise and lease unto
the said Lessee, to be used as office, warehouse and
distribution th~ premises situate in the C~Unty of Cumberland
and State of PA described as follows, to
Suite 106, (unit F) 17 Brenneman Circle, Mechanicsburg, PA
17055. Containing 3,200 Sq.. ft. nominal. Outside parking' for
vehicles in .front and rear of the leased area. ~
TO NAVE AND TO HOLD UNTO THE LESSEE, Subject to the
conditions of this agreement, for the texm beginning on the
first day of March, 1995 and ending on the Last day of
February, 1998. ~fT_~OO~_ooI
IN CONSIDERATION OF WHICH the s~id Lessee agrees that
they will pay to the Lessor for the use of said premises, the
sum of Eighteen Thousand Eight Hundred Dollars ($18,800) per
year payable as follows; viz, in monthly installments of
Fifteen Hundred Sixty Six Dollars and Sixty Seven Cents
($1,566.67) in advance on the first day of each calendar
month during the term.
THE DEMISE HEREIN CONTAINED is made and accepted on the
following express conditions.
1. No waste shall be committed; and at the end of the said
term the demised premises shall be delivered in as good
condition as at the commencement thereof, ordinary wear and
tear and unavoidable damage by fire, tempest and lightning
excepted.
2. The rent reserved shall be promptly paid on the several
days and times herein specified without deduction or
abatement, at the'.residence or principal office of Lessor.
3. If the Lessee should remove or prepare to remove, or
attempt to remove from the premises hereby leased before the
expiration of the term or at.any time during the continuance
of this lease, or if the Lessee shall be in default in the
payment of any installment of rent for the period of ten
days, or should there be a default in the conditions as
herein contained, then in that event, rent for the term of
twelve months at the rate which it is then due and
collectable under the terms of this lease shall immediately
become due and payable and shall be collectable by distraint
or otherwise.
4. At the expiration of the term, to the extent Lessee has
not maintained the demised premises in compliance with
Paragraph i here of, the demised premises will be restored at
the option of the Lessor in such condition so as to comply
with the requirements of Paragraph 1, and the cost will be
treated as additional rent due and owing under the terms of
the lease.
5. A holding o~er by the Lessee beyond the term of this
lease shall be a renewal of the term of this lease for
another like term, and the said renewal shall be under and
subject all the provisions as contained in this agreement of
lease; provided, however, that such renewal shall be at the
option of the Lessor.
6. The Lessor shall not be liable to the Lessee for any
damage which may be caused to the Lessee by failure of the
Lessor, if said failure is not due to any fault on his part,
to give possession herein demised, at the time agreed upon.
7. The Lessee shall not carry on any unlawful or immoral
business in or about the demised premises, and shall not
carry on any business which will endanger the building from
fire or cause forfeiture of any fire insurance that the
Lessor has or may hereafter have on said building.
8. The Lessee agrees to pay all bills which may be incurred
for light, heat, or power used or consumed upon the demised
premises, and also all bills for water rent which may accrue
for water used during the term of the lease. The Lessor
shall not be responsible in any way in the event that the
supply of heat is cut off by reason of any cause beyond the
control of the Lessor. And the Lessee does hereby release
the Lessor from any damage which may result to him by reason
of the failure of the supply of heat. Should the Lessee fail
to pay any bills as aforesaid, the Lessor shall have the
right to pay the same, and the amount as paid shall be
chargeable to the Lessee as additional rent. The Lessee
agrees to keep the plate glass insured at his own risk.
9. The Lessee agrees to keep the premises in a good
condition of repair. All refuse of any ~ind s a_s_~ b_~e removed
from the ~ at the cost of the Lessee ~t least once a
week 9r more often, i~ ~ All snow shail be cleaned
off from the sidewalks and steps before it shall be frozen
and hardened. Should the Lessee fail to comply w~th the
provisions of this clause of the lease, the Lessor may enter
the premises and make said repairs or remove said refuse and
do all other things as herein provided to be done by the
Lessee at the expense of the Lessee, and said expense thus
incurred may also be collected as additional rent under the
lease.
10. In the event of the filing of a petition in bankruptcy,
whether voluntary or involuntary, by or against the Lessee
herein, there shall become due immediately upon the filing of
the p~tition, rent for t~elve months, at the rate that the
rent is payable under this agreement of lease, and the Lessor
shall have the further right in said event, to forfeit and
terminate this lease. The said forfeiture to be effective by
giving notice in writing to the Lessee herein or the person
th~n in c~arge qf the demised premises. Should an execution
issue against the Lessee out of any court, twelve months rent
shall thereupon become due and owing.
11. In the event that the premises occupied by the Lessee
shall during said term be destroyed by fire, thereby making
the premises untenantable and unfit for occupancy so that the
owners thereof deem it advisable to construct a new building,
the Lessor shall thereupon have the right to Cancel and
terminate this. lease upon giving fifteen days notice in
writing to the Lessee herein, and the term of this lease
shall thereupon cease at the expiration of fifteen days
after the expiration of said notice. In the event however,
that the said building shall be damaged by fire, but not
destroyed, the Lessor will thereupo~ cause the same to be
repaired and restored to its former condition. Lessor is to
act with the greatest possible diligence, and if the said
fire shall have rendered the premised untenantable~ payment
of rent thereunder shall be suspended from the time when the
Lessee herein shall notify the Lessor of such condition,
until such time as the building is so repaired and again
ready for occupancy. 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 or any contractor employed by
the Lessor shall have the right to take possession of the
premise~ for the purpose of making such repairs, and the
taking of possession shall not mean eviction of the
herein and shall in no manner effect this term of lease.
12. The said Lessee hereby confesses judgement for the rent
reserved under this agreement of lease, together with an
attorney fee of five per cent for collection, and execution
may be issued thereon from time to time for any rent due and
owing under this lease, and judgment in ejectment as herein
provided may be entered concurrently therewith.
13. At the end of said term, whether the same shall be
determined by forfeiture or expiration of the term, or upon
the breach of any of the conditions of this lease, it is
agreed that an amicable action of ejectment may be entered in
the Court of Common Pleas of Cumberland County, in which the
Lessors, their heirs or assigns, shall be plaintiff, and the
LeSsees, and all who come into possession during the term or
continuance of ~his lease or under the Lessees, shall be
defendants, that judgment may be entered thereupon in favor
of the plaintiffs, without leave of court, for the premises
above described to have the same force and effect as if a
summons in ejectment had been regularly issued, legally
served and returned and that writs.of habere facias
possessionem with clause of fil fa. for all costs, may be
issued forthwith, waiving all errors and defects whatsoever
in entering said judgment, also waiving right of appeal,, writ
'of error or stay upon any writs of habere facias possessionem
which may issue upon the same.
14. And further, it is agreed and understood that Lessor,
his heirs, or assigns, may enter the premises leased during
the term, during normal business ho~rs in the presence or
absence of Lessee for the purpose of ascertaining whether the
said premises are kept in good order and repair. Further,
that the Lessor reserve the right to display a "for rent or
sale" sign upon said premises, and to show same to
prospective tenants or buyers.
15. Ail damages or injuries done to the said premises other
than those caused by fire or ordinary wear and tear or by the
acts or omission of the landlord shall be repaired by the
Lessee herein. And the Lessee covenants and agrees to make
said repairs upon five days notice to him by the Lessor, and
if he shall neglect to make said repairs or commence to make
the same promptly or within ten days after said notice as
given him, the Lessor shall have the right to make said
repairs at the expense and cost to the Lessee, and the amount
thereof may be collected as additional rent accruing for the
month following %he date of said repairs, and if the said
expense is made at the expiration of the term, then the cost
so made may be collected by Lessor as an additional rent for
the use of the premises during the entire term.
16. And the said Lessee hereby accepts notice to quit,
remove from, and surrender up possession of the said demised
premises to the said Lessor, his heirs or assigns, at the
expiration of the said term, whenever it may be determined,
whether by forfeiture or otherwise, without any further
notice to the effect, all further notice being hereby waived.
And on failure to pay rent due, for the space of ten days
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 said Lessor and the said Lessor may
re-enter the premises and dispossess the Lessee without
thereby becoming a trespasser.
17.' NO showcase~ sign or hanging or protruding sign or ·
permanent obstruction of any kind shall be kept or maintained
by the tenant on the reservation or sidewalk in front of the
demised premises, said space to be used only for purpose of
ingress and egress.
18. Lessee will bear, pay and discharge when and as the same
becDmes due and payable all judgment and lawful claims for
damage or otherwise against LesSOr arising from its use or
occupancy of said leased premises or the sidewalk in front
and side of said premises, and will assume the burden and
expense of defending all such suits, whether brought before
the expiration of this lease and will protest, indemnify and
save harmless the said party of first part, his agents,
servants, employees and public at la~ge by reason of or on
account of the use of misuse of the premises hereby leased or
the sidewalk in front of the said premises, or any part
thereof, due to negligence of the Lessee or his agents.
19. And in consideration of securing the within lease at the
above stated rent, said Lessee does hereby release and
discharge said Lessor, his heirs or assigns, from any and all
liability for damage that may result from the bursting,
stoppage and leakage of any water pipe, gas pipe, sewer,
bas'in, water-closet, steam pipe and drain, and from all
liability for any and all damage caused by the water, gas,
steam,, waste, and contents of said water pipes, gas pipes,
steam pipes, sewers, basins, water-closets and drains.
20. It is expressly understood by the parties that the whole
agreement is embodied in this agreement and that no part
or item is omitted.
21. The Lessee does hereby waive any and all demands for
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, and agrees that such demand shall not be a
condition of re-entry or of recovery of possession without
legal process or by means of any action or proceedings
whatsoever.
eRents are to be delivered to Lessor,s office by the 1st
ach month. It is agreed that there will be a penalty of
$200.00 for each month that rental payments are not delivered
on time. Time is of the essence and this Lease may be
canceled by Lessor after five days written notice for non
p~yment of rent.
23. First and ~ast month shallbe in advance.
24. Should there be a Municipal or other Governmental
assessment Lessee shall pay their percentage (14.38%) of such
increase based on the square foot .percentage leased.
25. Lessee shall pay all taxes, Municipal or Other
Governmental assessment and insurance based on the square '
footage of the building leased.
26. Should Lessee engage in or carry on any activity to
cause Lessors insurance to increase Lessee shall pay such
cost.
27. Lessee shall provide a CertifiCate of Insurance showing
that his property is insured and that he is providing some
form of liability insurance. Also Lessee shall provide a
Waiver of ~ on the ~
28. Lessee shall be responsible for snow and ice removal
from the sidewalk and steps. Lessor shall arrange to have
snow plowed, when snowfall is over 2", and Lessee shall pay
its percentage of costs based on the square feet leased.
29. Lessor shall be responsible for lawn and landscaping
mainteDance and Lessee shall pay its percentage (14.38%) of
such expenses based on the square feet leased.
30. Lessee shall be provided with two 400 watt hi-pressure
Medal Halide lights in the warehouse area, and one receptacle
at the electrical panel and or receptacles as now exist.
Lessee shall provide all additional lighting, receptacles and
or heat, .except as may exist, in the warehouse area at their
expense.
31. Lessee shall pay for any damage caused by chemical
reaction, erosion or corrosion done to the building from
Lessee,s business operations.
32. Lessee shall be responsible for all maintenance on the
overhead doors and interior of the building. Lessee shall be
responsible for exterior maintenance of the building and
grounds based on its percentage (14.38%) leased.
33. Lessee shall be responsible for all shipping debris and
any other waste or refuse on a daily basis if necessary.
34. Lessee is hereby notified that the Heat and Electricity
to the unit F2 above, occupied by REDCO REALTY, is hooked to
the systems below and are part of this Lease.
Witness the hands and seals of the parties, the day and year
first above written.
35. Lessor will cut the dock heightto as near to 48 inches
as is practical per site conditions..
36. Lease buy out: Lessee may buy out Lease with 12 months
(monthly rental payments) penalty during thefirst year,
with 6 months penalty during the'second year and 3. months
penalty during the third Yea~~~nth~ 'nctlca ~i,.~th=
~/ W --- Attest
EICllEhBERG£R Construction inc.
124 West Church Street, P.O. Box 459, Dillsburg, PA I7019-0459 · Phone: (717) 432-0864
Main Office Fax: (717) 432-0945 · Communications Dept. Fax: (717) 432~0894
PROPOSAL
June 22, 2001
Robert E. Diehl
Redco
500 Redco Drive
Enola, PA 17025
RE: Line Item Pricing for Repairs to Unit F, 17 Brem~eman Circle
As per your request we hereby submit our proposal of the labor and materials to complete the following
scope of work:
Reception Office Area:
$800.00
$265.00
$195.00
$160.00
$175.00
$180.00
$ 95.00
$435.0O
$530.00
Coordination/set up
Remove and replace approximately 96 square feet of acid residue and spot
damaged IA"drywalt on walls in toilet area, taped, finished and made ready for
paint
Patch miscellaneous small holes on walls, made ready for paint
Clean walls and ceiling to return to acceptable cleanliness
Remove and replace 1 O-damaged ceiling tile
Supply professional cleaning to soiled and spot stained carpet
Remove 1 door and reinstall at original location
Remove utility sink and replace with an American Standard wall hung sink I
including faucet, required plumbing and shut off valves
Remove existing chemically stained toilet and replace with new floor mounted
American Standard toilet including required plumbing and shut off valves
Office/Mechanical Area:
$195.00
$160.00
$175.00
$180.00
$45O.OO
$530.00
$175.00
$175.00
Patch rmscellaneous small holes on walls, made ready for paint
Clean wails and ceiling to return to acceptable cleanliness
Remove and replace 10-damaged ceiling tile
Supply professional cleaning to soiled and spot stained carpet
Remove existing chemically stained wall mounted sink and replace with an
American Standard wall mounted sink including faucet, required plumbing
and shut off valves
Remove existing chemically stained toilet and replace with new floor mounted
American Standard toilet including required plumbing and shut off valves
Check water heater to insure good working condition and provide minor
preventative maintenance
Provide check up, cleaning and preventative maintenance on furnace
Website: www.eciconstluction.com · E-mail: ecig~)cciconstruction.com
$325.00
$ 75.00
$315.00
Warehouse
$775.00
$175.00
$225.OO
$185.00
$295.00
$245.OO
$505.00
$325.OO
$390.00
$495.00
Warehouse Area:
Provide miscellaneous electrical repairs to broken / damaged outlets and
receptacles
Clean out dust/debris in mechanical room
Replace pivot hinge at front door
Office Area~
Remove and replace approximately 280 square f¢et of damaged 'A' drywall on
walls, taped, finished and made ready for paint
Remove and replace 1 O-damaged ceiling tile
Supply professional concrete floor cleaning of chemical stains
Remove and dispose of existing countertop
Remove and dispose of existing exhaust hood and related ductwork
Remove and dispose of existing shelving and patch walls accordingly to make
ready for paint
Close up cut in doorway and install drywall finished and made ready for paint
Provide miscellaneous electrical repairs to outlets and receptacles
Install 1 window and jamb materials where closed off at countertop area to
match original and install 2 windows and jamb materials where a doorway was cut in to
match original, windows provided by owner
Remove and replace approximately 60 square feet of damaged ¼" tongue and
groove plywood above office
$475.00 Replace 3 - 6" x 24' long studs where doorway opening was cut into the
$5,475.00 Remove and replace approximately 2000 square feet of spot damaged and
chemically damaged 5/8" fire rated drywall, taped finished and made ready for paint
$305.00 Supply professional concrete floor cleaning
$375.00 Provide required electrical repairs and replacements
$325.00 Repair area of concrete floor damaged by acid
$125.00 Adjust improperly operating man door as requn-ed to return to good working
condition
$445.00- Replace approximately I00 square feet of exterior siding where apparent vehicle
damage has occurred, siding provided by owner
$150.00 Repair and or provide maintenance to overhead door to return to good working
condition
$565.00 Replace approximately 320 square feet of damaged wall hung plywood/OSB
$275.00 Provide professional general cleaning to entire warehouse area as required to
return to acceptable cleanliness
$485.00 Remove and dispose of 2 abandoned large machine units
$665.00 Clean up of all related debris and disposal off site, incindes dunrpster fees
$18870.00 Total
FOR THE SUM O'F:
EIGHTEEN THOUSAND EIGHT HUNDRED SEVENTY DOLLARS and 00/1 O0
.............................................................................................................. $18,870.00
Payable as follows: Net 30 days, add 1.5% interest for each 30 days invoice remains unpaid after due date.
Note: This proposal may be withdrawn by us if not accepted within 30 days.
All material is guaranteed to be as specified. All work to be completed in a workman like mmmer
according to standard practices. Any alterations or deviation from above specifications involving extra
costs will be executed only upon written orders, aud will become an ext]ca charge over and above out'
control. Owner to carry fire, tornado, and other necessary insm'ance. Our workers are fully covered by
Workmen's Compensation Insurance.
Authorized
Signature~ / ~ ,,.~ ~ ~:~? v", r'--~:~· ','~:~:'~ -.,-~ ~,- i~.~
David V Maldonado-Estimator~Serviee Date 6/22/01
ACCEPTANCE OF PROPOSAL - The prices, specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Signature
Date
D ESO*RI pT-~ON
QUAN.
TOT,ALS
L.
Ex'rEN,~ON
VERIFICATION
I, Robert E. Diehl, acknowledge my authority to execute this Verification and certify that the
foregoing Complaint is based upon information which has been gathered by my counsel in the
preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I
have read the document and to the extent that the Complaint is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making
this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to unsworn falsification to authorities, which provides that if I knowingly make false averments, I
may be subject to criminal penalties.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-00568 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DIEHL ROBERT E
VS
SENATE GLASS & ALUMINUM COMPAN
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
SENATE GLASS & ALUMINUM COMPANY
but was unable to locate Them in his bailiwick.
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE
He therefore
County, Pennsylvania, to
On February 26th , 2003 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin County
Mileage
18.00
9.00
10.00
29.25
6.90
73.15
02/26/2003
MDW&O
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ ~ day of~
,3w*O _5 A.D.
Protlq6hota~y/TM
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-00568 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DIEHL ROBERT E
VS
SENATE GLASS & ALUMINUM COMPAN
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
RESCINITI JOHN D TDBA SENATE
but was unable to locate Them
deputized the sheriff of PERRY
GLASS & ALUMINUM COMPANY
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On February 26th , 2003 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Perry County
6.00
9.00
10.00
49.20
.00
74.20
02/26/2003
MDW&O
s
R. homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ?~ day of 7~
~o.~ A. D.
Prothonot~r~z
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:February 20, 2003
COMPLAINT
SENATE GLASS & ALUMINUM COMPANY
to TERRY DOWNS (OFFICE MANG)
of the original
: DIEHL ROBERT
vs
: SENATE GLASS & ALUMINUM COMPANy
Sheriff's Return
No. 0375-T - - -2003
OTHER COUNTY NO. 03 568
at 2:10PMserved the within
upon
by personally handing
1 true attested copy(ies)
COMPLAINT and making known
to him/her the contents thereof at 2841 TURNPIKE INDUSTRIAL DRIVE
MIDDLETOWN, PA 17057-0000
Sworn and subscribed to
bef°~H day of~R~y, 2003
PROTHONOTARY
SO Answers,
Sheriff o ...... !""n C a.
Sheriff's Costs: $29.25 PD 02/19/2003
RCPT NO 175589
E TORO
In
The Court of Common Pleas of Cumberland County, Pennsylvania
Robert E. Diehl
VS.
Senate Glas.q & Al~ninum Company et al
SERVE: same
No. 03-56R civil
Now, FebruaTM t3, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ,20~,, at o'clock ~ M. served the
within
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this .... day of
,20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
Robert E. Diehl
SERVE:
VS.
Senate Glass & Aluminum Company et al
John D. Resciniti t/d/b/a
Senate Glass & Aluminum Co. No. 03-568 civil
Now, February 7, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of p&rry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service-
NOW, February 20 ,20 o2[ at 3: 0O o'clock
within Notice & Complaint
P M. served the
upon John D. Rescinitia tdba Senate Glass & Aluminum Co.
64 Lone Oak Dr. Marysville, Pa. 17053 ( Rye Township)
by handing to
Laura Resciniti, defendants wife
a True & Attested
copy of the 0ri~nal Notice & Complaint
and made known to
Her
the contents thereof.
S o answers,
Deputy.
, Donald E. Sn~tth.
Sheriff of Perry
County, 'PA
Sworn and subscribed before
me thiso~/3r day of ~}~ai~c, 20 0_~__
~ .... NO't'ARiAL SEAL' ~
i MARGARET E FLICKIN(ZER, NOTARYPUBUC-
I BLOOMFIELD BORO., PERRYCOUNTY J
L MY COMMISSION EXPIRES FEB. ].6, 2004.
COSTS
SERVICE
MILEAGE
AFFDAVIT
ROBERT E. DIEHL,
Plaintiff
Vo
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania corporation,
and JOHN D. KESCINITI t/d/b/a
SENATE GLASS & ALUMINUM CO.,
Defendants
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
:
· CIVIL ACTION - LAW
· NO. 03-568 CIVIL TERM
:
NOTICE TO PLEAD
To the Plaintiff, Robert E. Diehl:
You are hereby notified to file a written response to the following Answer with
Counterclaims within twenty (20) days of service hereof a judgment of non pros may be entered
against you.
HANFT & KNIGHT, P.C.
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendants
Date: March 28, 2003
ROBERT E. DIEHL,
Plaintiff
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania corporation,
and JOHN D. RESCINITI t/dPo/a
SENATE GLASS & ALUMINUM CO.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-568 CIVIL TERM
Admitted.
Admitted and Denied. Admitted that Exhibit "A" appears to be a lease signed by the
Baldwin Company and Plaintiffs. Denied that Defendants signed that lease, were advised of that
lease, or had any direct knowledge of the provisions of that lease. In addition, denied as Exhibit "A"
speaks for itself.
5. Admitted and Denied. See answer to Paragraph 4 above.
17057.
3.
4.
ANSWER WITH COUNTERCLAIM
AND NOW, come the Defendants, Senate Glass & Aluminum Company and John D.
Resciniti, by and through their Counsel of Record, Hanft & Knight, P.C. and Gregory H. Knight,
Esquire, to file an Answer with Counterclaim to the Complaint filed against them, in support of
which the following statements are made:
1. Admitted.
2. Denied. Senate Glass & Aluminum Company is a Pennsylvania corporation with its
principal place of business located at 2841 Turnpike Industrial Drive, Middletown, Pennsylvania
6. Admitted and Denied. See answer to Paragraph 4 above. In addition, Defendants are
without sufficient information to judge the accuracy of Paragraph 6 and strict proof thereof is
demanded at trial.
7. Denied. Paragraph 7 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial.
8. Denied. Paragraph 8 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial.
9. Admitted and Denied. Admitted that Senate Glass occupied a portion of Suite F on
or about February 2000. Denied as the remainder of Paragraph 9 is conclusion of law to which no
answer need be filed and strict proof thereof is demanded at trial. Furthermore, denied to the extent
that Plaintiff states he was not aware that Senate Glass was occupying a portion of Suite F.
10. Denied. Paragraph 10 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, Defendants believed that Plaintiff granted
Baldwin several additional days beyond the end of the three year term to remove themselves from
the premises. Also denied as Baldwin had ceased operations in Suite F in January 2000.
Furthermore, by February 28,2001 Defendants had vacated the portion of Suite F they had occupied
as they stated in a March 6, 2001 letter to Plaintiff (see Exhibit A) and Defendants believe Baldwin
did so within the additional time agreed it was allowed to vacate by Plaintiff.
11. Admitted and Denied. Admitted that Baldwin and Defendants discussed removing
all equipment from the premises and returning possession to Plaintiff. Denied that Baldwin and
Defendants did not take such steps. In addition, see answer to Paragraph 10 above.
12. Denied. Paragraph 12 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. To the extent that Paragraph 12 is a statement of fact,
Defendants did not refuse and did not continue to occupy premises after the expiration of the lease
tenn. (See Exhibit A).
13. Denied. Paragraph 13 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial.
14. Denied. Paragraph 14 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial.
15. Admitted and Denied. Admitted that Defendants have not paid Plaintiff rent for
premises designated as Suite F since February 2001. Denied as Paragraph 15 is a conclusion of law
to which no answer need be filed and strict proof thereof is demanded at trial. Also denied as
Defendants and Baldwin vacated Suite F at the end of the lease.
16. Denied. Paragraph 16 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, denied as Defendants properly vacated and
surrendered the premises to Plaintiff (see Exhibit A) and further denied that Defendants were an
agent for or principal of Baldwin.
17. Denied. Paragraph 17 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, Defendants owe no additional charges to
Plaintiff for Suite F.
18. Admitted and Denied. Admitted that monthly service and maintenance charges
pursuant to the lease signed by Defendants for Suite G were approximately $212.18. Denied that
Defendants owe any such charges for Suite F.
19. Admitted and Denied. Admitted that Defendants have not paid service and
maintenance charges for Suite F since July 2000. In addition, denied that Defendants owe any such
amounts to Plaintiff for Suite F and denied that Defendants have not paid such amounts to Plaintiff
for Suite G.
20. Denied. Plaintiff has not made demands on Defendants for payment of service and
maintenance charges for Suite F or for Suite G. In addition, denied that Defendants owe service and
maintenance charges on Suite F or have not paid such charges for Suite G. Furthermore, the
remainder of Paragraph 20 is a conclusion of law to which no answer need be filed and strict proof
thereof is demanded thereof at trial.
21. Admitted and Denied. Admitted that the Defendants have not paid maintenance and
service charges for Suite F. Denied that any such amounts are owed. See Answers to Paragraphs
17, 18, 19, and 20 above.
22. Denied. Paragraph 22 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, see Answers to Paragraphs 17, 18, 19, 20, and
21 above.
23. Denied. Paragraph 23 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, denied that Defendants agreed pursuant to
Paragraph 15 of any lease to repair all damage to Suite F.
24. Denied. Paragraph 24 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, see Answers to Paragraphs 17, 18, 19, 20, 21,
22, and 23 above.
25. Denied. Paragraph 25 is a conclusion of law to which no answer need be filed. In
addition, at several times since Suite F was vacated by Baldwin and the Defendants, Defendants
discussed repair of a doorway they constructed between Suits F and G but in the most recent
conversation, Plaintiff told Defendants that the wall need not be repaired and in fact, Plaintiff
intended to expand the size of the doorway constructed by Defendants between Suites F and G.
26. Denied. Paragraph 26 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, see Answers to Paragraphs 17, 18, 19, 20, 21,
22, 23, 24, and 25 above.
27. Denied. Paragraph 27 is a conclusion of law to which no answer need be filed. In
addition, see Answer to Paragraph 26 above.
28. Denied. Paragraph 28 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial.
29. Denied. Defendants are without sufficient information to answer Paragraph 29 and
strict proof thereof is demanded at trial.
30. Denied. Paragraph 30 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, Paragraph 30 does not specify what payments
are referred to in that paragraph.
31. Denied. Paragraph 31 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded at trial. In addition, Defendants contacted Plaintiff several times
to discuss a lease for Suite F but Plaintiff refused to discuss a lease for Suite F and has told
Defendants that he could not do so because of the lawsuit he filed against Baldwin, which lawsuit
includes claims some of which are identical to those made in this Complaint against Defendants.
32. Denied. Paragraph 32 is a conclusion of law to which no answer need be filed.
WHEREFORE, Defendants request judgment for them and against Plaintiff, with costs,
Counsel fees, and such other relief as the Court deems appropriate.
COUNTERCLAIM - UNJUST ENRICHMENT
33. On or about July 1, 1998 Defendants signed a lease (See Exhibit B) with Plaintiff
for Suite G at 17 Brenneman Circle in Mechanicsburg, Pennsylvania, a suite adjacent to the premises
which are the subject of the claims Plaintiff has filed against Defendants in this litigation and against
Baldwin in a Complaint docketed at No. 01-6983 Civil Term in the Cumberland County Court of
Common Pleas.
34. Plaintiff wrote the lease for Suite G and included a four year term in the agreement.
(See page 1 of Exhibit B).
35. Several years after the lease (see Exhibit B) was signed by all parties, Defendants
contacted Plaintiff to discuss the lease.
36. Defendants had a contractual right to an additional 12 month period based on the
specific provisions of the lease as it was written by the Plaintiff.
37. Following Defendants' notice to Plaintiff, the lease was amended but done so without
consideration to the Defendants for their contractual right to an additional 12 month period.
38. Plaintiff was unjustly enriched in the amount of $14, 400, the amount of one year's
rent under the lease written by Plaintiff.
WHEREFORE, Defendants request judgment for them and against Plaintiff in the amount
of $14,400.00, together with costs, Counsel fees, and such other relief as the Court deems
appropriate.
COUNTERCLAIM - BREACH OF CONTRACT
39. In early December Defendants were hired by Plaintiff to repair vandalism damage
done to Plaintiff's property at 17 Brenneman Circle, Suites E and F, Mechanicsburg, Pennsylvania
17055.
40. The total for materials and services provided by Defendants to Plaintiff is $1,219.42
for which total a first invoice was sent on March 6, 2003 to Plaintiff(see Exhibit C) with notice that
another invoice would be sent after installation of materials not yet installed by Defendants.
41. Plaintiff has not paid Defendants for work they have performed for Plaintiff.
WHEREFORE, Defendants request judgment for them and against Plaintiff in the amount
of $1,219.42, together with costs, Counsel fees, an order to pay the final invoice, and such other
relief as the Court deems appropriate.
Respectfully submitted,
HANFT & KNIGHT, P.C.
Gregory H. Knight
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendants
VERIFICATION
I, John D. Resciniti, President, Senate Glass & Aluminum Company, hereby verify that the
facts set forth in the foregoing Answer with Counterclaim are true and correct to the best of my
knowledge, information, and belief. I understand that any false statements made herein are subject
to the penalties of 18 Pa. C.S. §4904, relating to unswom falsifications to authorities.
D. Resclmt~
Date:
EXHIBIT A
Senate
Illlllllllllillllllllllllllillllllll
.Xlarch 6. 2001
Robert E. Diehl. Inc.
500 Redco Drive
Enola. PA 17025
This is to noti~' you that we have vacated the E.G. Baldwin office space, and will no Ion_ocr be
responsible for the utili~' billings. Official notice of the change in billing was given to P:P.& L.
today. 5. larch 6. 2001.
Sincerely.
· '
D. Resciniti
\
Phone: 7t7--c~*~-1 ::t; I '. :x -17-7t',,-~.;5i I
EXHIBIT B
Robert E. Diehl
500 Redco Drive. Eno/& PA
Redco 766-2995
Mobde 57.4-0500
17025
COMMERCIAL LEASE
THIS AGREEMENT of Lease made as of this 1~t day of July 1, 1998. Between Robert E. Diehl
of 500 REDCO Drive, Enola, PA 17025 (717-766-2995) "LESSOR", and John D. Resciniti
and Laura A. Resciniti and Senate Glass and Aluminum and FDC Enterprises, all persons
and Companies are singularly and collectively part of this lease "Lessee". This Lease in
both singularly and collectively by and between the above named LESSEE parties. All
notices are to be sent return receipt to the above addresses.
Witnesseth, that the LESSOR, in consideration of the rents and covenants hereinafter
mentioned, does demise and lease unto the Lessee, to be used as an office and warehouse for
appliance and building distribution, the Premises situate in the County of Cumberland and State of
PA described as follows, to wit
Suites G also known as (106), Mechanicsburg, PA 17055. Containing approximately
3040 Sq. Ft., (based on exterior and center line dimensions), including an office area as now
exists. Special Note - The second floor office area is not part of this lease, another tenant built
the area without permission and it may not meet PA. Department of Labor and Industry
requirements for emergency exit.
Together with Rights for parking and docking vehicles directly in front and rear of the
leased area, the "PREMISES". The Premises are to be used as Office, Warehousing and
Assembly of Architectural Glass and Aluminum Products and related business only. Any other
usage shall be by written approval of Lessor.
TO HAVE AND TO HOLD unto the LESSEE, subject to the conditions of this agreement, for
the term beginning on the first day of July, 1998 and ending on the Thirty-first day of June, 2002.
ADVANCE OCCUPANCY Lessee may occupy the above Premises on June 24, 1998 or at the
signing of this Lease, for the purpose of installing equipment and material necessary for the
operation of Lessee's business.
READY FOR OCCUPANCY The Premises are presently not vacant, and ready for
occupancy by Lessee and all systems are in good operating condition and repair. Lessor has
material stored in the above Unit and agrees to move said material to the side to allow Senate
Glass to store so~:e material in the unit by June 24, 1998.
Page 1 of 9
IN CONSIDERATION OF WHICH the said Lessee agrees that they will pay to the Lessor for
the use of said premises, the sum Forty Three Thousand Two Hundred Dollars ($43,200.00) of in
Monthly Payments of One Thousand Two Hundred Dollars ($1,200)
OPTION TO EXTEND Lessee shall have an option to extend an additional Three years
based on the following schedule. Based of the percentage change in the Consumer Price Index,
Philadelphia Region, Urban Wage Earners index. If the CPI is abolished then the most common
indicator used by the US Govt or the financial community to track changes in the buying power of
the US Dollar shall be used. To establish the renewal Rental Rate the most current published 24
Months published will be used, this is one or two months behind.
PAYMENT IN ADVANCE The first and last month rent shall be in advance upon the signing of
this Lease.
OPTION TO CANCEL At any time after the first year of the renewal term of the Lease,
Lessee shall have the right to terminate the Lease Agreement prior to the expiration of the term,
provided that Lessee shall have provided Lessor with six months prior written notice of its
intention to terminate and Lessee is not in default of any of the terms of this Lease. Upon
termination of the Lease Agreement pursuant to Lessee's rights under this paragraph, Lessee
shall pay and deliver to Lessor an early termination fee equivalent to the lesser of either (1) the
balance of the rent due under the Lease Agreement until the expiration of the term, or (2)
Twenty Eight Thousand Eight Hundred Dollars.
THE DEMISE HEREIN CONTAh-NED is made and accepted on the following express
conditions.
1. No waste shah be committed; and at the end of the said term the demised Premises shall
be delivered in as good condition as at the commencement thereof, ordinary wear and tear and
unavoidable damage by fire, tempest and lightning excepted.
2. The rent reserved shall be promptly paid on the several days and times herein specified
without deduction or abatement, at the above address of Lessor.
3. If the Lessee should remove all, or prepare to remove significantly all of its property, or
attempt to remove same from the Premises before the expiration of the term or at any time during
the continuance of this Lease, or if the Lessee shall be in default in the payment of any installment
of rent for the period often days, or should there be a default in the conditions as herein
contained, then in that event, rent for the term of twelve months at the rate which it is then due
and collectable under the terms of this Lease shall immediately become due and payable.
Page 2 of 9
4. At the expiration of the term, to the extent Lessee has not maintained the demised
Premises in compliance with Paragraph 1 here of, the demised Premises will be restored at the
option of the Lessor in such condition so as to comply with the requirements of Paragraph 1, and
the cost will be treat~c~ as additional rent due and owing under the terms of the lease.
5. HOLDING OVER A holding over by the Lessee beyond the term of this Lease shall be
a renewal of the term of this Lease for another like term, and the said renewal shall be under and
subject all the provisions as contained in this agreement of Lease; provided, however, that such
renewal shall be at the option of the Lessor.
6. The Lessor shall not be liable to the Lessee for any damage which may be caused to the
Lessee by failure of the Lessor, if said failure is not due to any fault on his part, to give
possession herein demised, at the time agreed upon.
7. The Lessee shall not carry on any unlawful or immoral business in or about the demised
premises, and shall not carry on any business which will endanger the building from fire or cause
forfeiture of any fire insurance that the Lessor has or may hereafter have on said building.
8. The Lessee agrees to pay all bills which may be incurred for light, heat, or power used or
consumed upon the Premises, and also all bills for water, sewerage and/or gas which may accrue
for use during the term of the Lease. The Lessor shall not be responsible in any way in the event
that the supply of heat is cut offby reason of any cause beyond the control of the Lessor. And
the Lessee does hereby release the Lessor from any damage which may result to him by reason of
the failure of the supply of heat. Should the Lessee fail to pay any bills as aforesaid, the Lessor
shall have the fight to pay the same, and the amount as paid shall be chargeable to the Lessee as
additional rent.
9. The Lessee agrees to keep the premises in a good condition of repair. All refuse of any
kind shall be removed from the premises at the cost of the Lessee at least once a week or more
often, if necessary. All snow shall be cleaned off from the sidewalks before it shall be frozen and
hardened. Should the Lessee fail to comply with the provisions of this clause of the lease, the
Lessor may enter the premises and make said repairs or remove said refuse and do all other things
as herein provided to be done by the Lessee at the expense of the Lessee, and said expense thus
incurred may also be collected as additional rent under the Lease.
10. In the event of the filing of a petition in bankruptcy, whether voluntary or involuntary, by
or against the Lessee herein, there shall become due immediately upon the filing of the petition,
rent for twelve months, at the rate that the rent is payable under this Agreement of Lease, and
the Lessor shall have the further fight in said event, to forfeit and terminate this Lease. The said
forfeiture to be effective by giving notice in writing to the Lessee herein or the person then in
charge of the demised premises. Should an execution issue against the Lessee out of any
Pennsylvania court, twelve months rent shall thereupon become due and owing.
Page 3 of 9
11. In the event that the Premises occupied by the Lessee shall during said term be destroyed
by fire, thereby making the Premises untenantable and unfit for occupancy so that the owners
thereof deem it advisable to construct a new building, the Lessor shall thereupon have the right to
cancel and terminate this Lease upon giving fii~een days notice in writing to the Lessee herein,
and the term of this Lease shall thereupon cease at the expiration of the fil~een days. In the event
however, that the said building shall be damaged by fire, but not destroyed, the Lessor will
thereupon cause the same to be repaired and restored to its former condition. Lessor is to act
with the greatest possible diligence, and if the said fire shall have rendered all or a portion of the
Premises untenantable, payment of rent thereunder shall be equitably abated in proportion to the
amount of space the Premises rendered untenable from the time when the Lessee herein shall
notify the Lessor of such condition, until such time as the building is so repaired and again ready
for occupancy. 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 or 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 taking of possession shall not mean eviction of the herein and shall in no
manner effect this term of lease, except that Rent shall be proportionately abated for such repairs
and construction.
12.
The said Lessee hereby confess judgement for the rent reserved under this agreement of
lease, together with an attorney fee of five percent for collection, and execution may be
issued thereon from time to time for any rent due and owing under this lease, and
judgement in ejection as herein provided may be entered concurrently therewith.
13.
At the end of said term, whether the same be determined by forfeiture or expiration of the
term, or upon the breach of any of the conditions of this lease, it is agreed that an amicable
action ofejectment may be entered in the Court of Common Pleas of Cumberland County,
in which Lessors, their heirs or assigns, shall be plaintiff, a and the Lessors, and all who
come into possessiOn during the term or continuance of this lease or under the Lessees,
shall be defendants, that judgement may be entered thereupon in favor or the plaintiffs,
W~thout leave of court, for the premises above described to have the same force and effect
as if a summons in ejectment had been regularly issued, legally served and returned and
that writs ofhabere facias possessionem with clause of fi. fa. for all costs, may be issued
forthwith, waiving all errors and defects whatsoever in entering said judgement, also
waiving right of appeal, writ of error or stay upon any writs of habere facias possessionem
which may issue upon the same.
14. And further, it is agreed and understood that Lessor, his heirs, or assigns, may enter the
premises leased during the term, during normal business hours in the presence of Lessee for the
purpose of ascertaining whether the said premises are kept in good order and repair. Further, that
the Lessor reserve the right to display a "for rent or sale" sign upon said Premises, and to show
same to prospective tenants or buyers, during the last 6 months of the term or the optional
Page 4 of 9
extension. Lessor shall have the right to show the Premises at any time to prospective buyers,
with proper notice during normal business hours for the term of this Lease.
15. All damages or injuries done to the said Premises other than those caused by fire or
ordinary wear and tear or by the acts or omission ofthe Lessor shall be repaired by the Lessee
herein. And the Lessee covenants and agrees to make said repairs upon ten (10) days written
notice to him by the Lessor, and if he shall neglect to make said repairs or commence to make the
same promptly or within ten (10) days after said notice as given him, the Lessor shall have the
right t° make said repairs at the expense and cost to the Lessee, and the mount thereof may be
collected as additional rent, accruing for the month following the date of said repairs, and if the
said expense is made at the expiration of the term, then the cost so made may be collected by
Lessor s an additional rent for the use of the Premises during the entire term.
15a. In the event that Lessee shall fail in any material, (except for monetary payments of rents
or CAMS), respect to perform or observe any covenant or condition required to be performed by
Lessee under the terms and provisions of this Lease, and an event of default shall not occur unless
such failure is not cured within ten (10) after written notice shall have been given by Lessor to
Lessee, provided that if Lessee's obligation is of such nature that more than ten (10) are required
for it's cure, then Lessee shall be deemed to have complied with said notice if Lessee shall have
commenced such performance within said ten (10) day period, and thereafter proceeds diligently
to cure such failure and prosecute same to completion.
16. The said Lessee hereby accepts notice to quit, remove from, and surrender up possession
of the said demised Premises to the said Lessor, his heirs or assigns, at the expiration of the said
term, whenever it may be determined, whether by forfeiture or otherwise, without .any further
notice to the effect, all further notice being hereby' waived. And on failure to pay rent due, for the
space often (10) days, or Upon breach of any other condition of this Lease the Lessee shall be a
non-tenant, subject to dispossession by the Lessor and the Lessor may, by any appropriate
judicial process, re-enter the premises and dispossess the Lessee without thereby becoming a
trespasser.
17. No showcase, sign or hanging or protruding sign or permanent obstruction of any kind
shall be kept or maintained by the tenant on the reservation or sidewalk in front of the demised
Premises, said space to be used only for purpose of ingress and egress.
18. Lessee will bear, pay and discharge when and as the same becomes due and payable all
judgment and lawful claims for damage or otherwise against Lessor arising from its use or
occupancy of said leased Premises or the sidewalk in front and side of said Premises, and will
assume the burden and expense of defending all such suits, whether brought before the expiration
of this Lease and will protest, indemnify and save harmless the said party of the first part, his
agents, servants, employees and public at large by reason of or on account of the use of misuse of
the Premises, or any part thereof, due to negligence of the Lessee or his agents.
Page 5 of 9
19. And in consideration of securing the within Lease at the above-stated rent, said Lessee
does hereby release and discharge said Lessor, his heirs or assigns, from any and all liability for
damage that may result from the bursting, stoppage and leakage of any water pipe, gas pipe,
sewer, basin, water-closet, steam pipe and drain, and from all liability for any and all damage
caused by the water, gas, steam, waste, and contents of said water pipes, gas pipes, steam pipes,
sewers, basins, water-closets and drains.
20. It is expressly understood by the parties that the whole agreement is embodied in this
Lease 'Agreement and that no part or item is omitted.
21. The Lessee does hereby waive any and all demands for 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, and agrees that such demand shall not be a condition of re-entry or of recovery of
possession without legal process or by means of any action or proceedings whatsoever.
22. Rents are to be delivered to Lessor's office by the 1" of each month. It is agreed that
there will be a penalty of $200.00 for each month that rental payments are not delivered within
five (5) days of such date, however Lessee shah not be in default until five (5) days after written
notice. However if the rent shall not have been delivered on time LESSOR'S office by the first
of the month, during the term, more than one time then the five day written notice be waived and
the Penalty shall be automatically in effect after the 1't of the month.
23.
First and last month shall be in advance, except it is agreed Lessee shall have an additional
thirty days from the above date to pay the last month rent.
24. Should there be a Municipal or other Governmental assessment Lessee shall pay 21.42
percent of such increase or assessment.
25. Lessee shall pay all taxes, Municipal or other Governmental assessment and insurance
based on the square footage of the Building leased,.: this percentage is 14.285 percent
The terms "taxes" and "assessments" shall not include any of the following: (1)
judgements, penalties, liens, interests, or fees resulting from Lessor's failure to timely pay any tax,
(2) any taxes which would be payable by other tenants if their leases contained provisions similar
to paragraphs 24 and 25 of this Lease, (3) any special assessment for highway, street or traffic
control improvements, sanitary or storm sewers, utilities or for other off-site improvements of any
nature whatsoever made in connection with the development of the Building, or (4) any federal,
state, or local income, wage, net profits tax, or similar imposition payable by the Lessor.
26. Should Lessee engage in or carry on any activity to cause Lessor's insurance to increase,
Lessee shall pay such cost.
27. INSURANCE
Page 6 of 9
#1 Lessee's Insurance Lessee agrees to provide a policy or policies of Commercial
General Liability Insurance including bodily injury and property damage in the amount of
($1,000,000.00) One Million Dollars Combined Single Limit on an Occurrence Basis for Premises
occupied by Lessee. The policies shall (1) name Lessor as additional insured; (2) be issued by an
Insurance company licensed to do business in the state of PA, and having a minimum of an "A"
rating as determined by A. M. Best Company or it's successor. The policies shall provide a
cancellation provision requiring the company to notify the Lessor at least thirty (30) days prior
written notice of cancellation. Certificates of Insurance shall be delivered to Lessor by Lessee
upon Commencement of the term of this Lease and subsequent renewals of said insurance.
#2 WAIVER OF SUBROGATION Lessee and Lessor each shall obtain from its
insurance under all policies where allowed by state or federal law, a waiver of all rights of
Subrogation that the insurer might have against Lessor or Lessee, and each shall indemnify the
other against any'loss or expense, including attorney's fees, resulting from the failure to obtain
such waiver.
#3 INDEMNIFY Lessor and Lessee agree to mutually indemnify and hold harmless from
and defend the other against any and all claims or liability from bodily injury or death or damage
to any property whatsoever either (1) occurring in, on or about the Premises, or (2) occurring in,
on, or about the facility (including, without limitation, elevators, stairways, passageways or
hallways) the use of which may be in conjunction with other tenants in the Building or Buildings,
when such injury, death or damage is the result of negligence of either the Lessor or Lessee.
/t4 LESSOR'S INSURANCE Lessor shall carry property insurance coverage for the
completed Building (excluding land, foundation and other uninsurable components), the Common
Areas and facilities on the Property (except that Lessor shall have no obligation to maintain
insurance as to improvements made by Lessee) for full replacement cost with a "Special Perils"
policy fi'om including flood and earthquake coverage. Lessor agrees to supply the Lessee with a
certificate of insurance indicating such property coverage upon commencement of the term of this
Lease and at subsequent renewals of said insurance. The policy must be issued by an insurance
company licensed to d° business in PA and having a minimum of an "A" rating as determined by
A. M. Best Company, or its successor. The policies shall provide a cancellation provision
requiring the company to notify the Lessee at least thirty (30) days prior notice of cancellation.
Lessor shall carry a policy or policies of Commercial General Liability Insurance including
bodily injury and property damage in the amount of($2,000,000.00) Two Million Dollars
Combined Single Limit on an Occurrence Basis coveting common areas and facilities of the
Building or Buildings and property including but not limited to activities of the Lessor, its agents,
contractors or employees. Lessor agrees to supply the Lessee with a certificate of insurance
indicating such liability coverage upon commencement of the term of this Lease and at
subsequent renewals of said insurance. The policy must be issued by an insurance company
licensed to do business in PA and having a minimum of an "A" rating as determined by A. M.
Page 7 of 9
Best Company or its successor. The policies shall provide a provision requiring the company to
notify the Lessee at thirty (30) days prior written notice of cancellation.
28. Lessee shall be responsible for snow and ice removal from the sidewalk and steps. Lessor
shall arrange to have snow plowed, when snowfall is over 2", and Lessee shall pay its percentage
of costs based on the square feet leased.(14.285%)
29. Lessor shall be responsible for lawn and landscaping maintenance and Lessee shah pay
14.285 percent of such expenses.
30. Lessee shall be provided with four 400 watt hi-pressure Medal Halide lights in the
warehouse area, and one receptacle at the electrical.panel, or as may be now existing. Lessee
shall provide all additional lighting, receptacles and/or heat in the warehouse area at their expense.
31. Lessee shall pay for any damage caused by chemical reaction, erosion or corrosion done
to the Building from Lessee's business operations.
32. Lessee shall be responsible for all maintenance on the overhead doors and interior of the
building. Lessee shall pay fifty percent (14.285%) of the cost of exterior maintenance, to include
but not limited to picking up debris, painting, fixing doors, minor roof repairing, painting,
repairing and replacing spouting, sealing painting and patching of drive area adjusting replacing of
doors and windows of the Building, and Grounds. The aforementioned items shall be billed as
CAMS, Common Area Maintenance.
Lessee shall repair and maintain the interior and exterior of the Premises, and shall keep in
good order, condition and repair, except for those repairs and maintenance that are the Lessor's
responsibility under this Lease.
Lessor shall be responsible for the superstructure, (exterior'structural and load bearing
elements), of the Building and the Foundation and shall repair and maintain all mechanical and
electrical systems and equipment servicing the Building, except for those systems and equipment
that service the Premises exclusively and are the Lessee's responsibility under this Lease.
33. Lessee shall be responsible for all shipping debris and any other waste or refuse on a daily
· basis if necessary.
34. Lessee shall have the offices and powder rooms professionally cleaned at least once per
week.
35. Waiver of Breach. No waiver or a breach of any of the covenants of this Agreement of
Lease shall be construed to be a waiver of any succeeding breach of the same or any other
covenant.
Page 8 of 9
36. ASSIGNME~ OR SUB-LEASE Lessee may assign this Lease only if the new
Assignee is financially sound and in substantially the same line of business, except that the Lessee
shall remain obligated to the terms of this Lease. If the above is not the case, then prior written
approval is needed from Lessor. Lessee may not Sub-Lease to another Tenant in this Building
or any other building owned or managed by Lessor in Silver Spring Industrial Park.
36a. Upon notice to Lessor, and provided Lessee is not in default cf any of its obligations
under this Lease and further provided that Lessee remains obligated hereunder, Lessee shall have
the right to assign or sublet all or a portion of the Premises to any subsidiary or affiliate
corporation, partnership or other entity owned or controlled in whole or in part by the Lessee, or
under common control with Lessee, without the prior consent of Lessor.
37. Lessor agrees to sign a Release of Liens for'the material and inventory encumbered or
mortgaged by Lessee in the Premises. Such Release shall be subject to approval of Lessor's
counsel.
38. Lessor covenants that provided Lessee is not in default of this Lease, Lessee shall and
may peaceably and quietly have, hold and enjoy the Premises for the term provided in this Lease
Agreement, and any extensions or renewals thereof.
39. All capitalized terms utilized but not defined in this Lease shall have the same meaning as
assigned to such terms in this Lease.
IN WITNESS WItEREOF, the parties hereto, intending to be legally bound hereby, have
executed this Lease Agreement as of the day and year fa'st above written.
WDC'Enterprises
red
Lease Senate Glass 7-1-98-6-30-2001
Page 9 of 9
EXHIBIT C
FROM :SENATE GLRSS ~ RLUMINUM F~X NO. :71793931D401 Maw. 06 2003 02:27PM
!
ff S enate
~[lonnoooonofl~O~'~OOOO'OOOOOOOOOOO~OOOu
March 6, 2003
Mr. Robert Diehl
Redco
500 Redco Drive
Enola, PA 17025
Dear Bob:
Enclosed is Invoice No. 03-944 for glass replacement at Suites E and F, Brenneman
Circle. We have not installed the vinyl glazing stops for the exterior. We are still
waiting for the delivery. Once we receive the stops, we will schedule the installation.
That work will be billed separately after completion.
Very truly yours,
JR/tmzd
cc: Greg Knight
D;~.%nate~Mlsc Correspondence~Redco~Redco 030603.wpd
Address ! 2841 Turnpike Industrial Drive ! Middletown ! PA 17057
a Mailing Address · P. O. Box 314 ! Lewisberry ! PA 17339-0314
! Phone: 717-¢)39-3040 · Vax 717-939-3194, ~
FROM :SENRTE GLRSS ~ PLUMINUM F~X NO. :717939319401 Mar. 06 2003 02:27PM P2
Senate Glass & Aluminum Co.
P.O. Box 314
Lewisberry, PA 17339
Phone: 717-939-3040
Fax: 717-939-3194
BILL TO:
Redoo
500 Redco Drive
Enola, PA 17025
Invoice
,,SHIP TO .....................................
'-i'7"§R ~_74 ~7~"~-~;~i ..................
CIRCLE
SUITES E & F
MECHANICSBURG, PA
'1
4
10
.............. "SHIP DATE
........ T~;~s ....... "~ .........
PER BOB Net 15 JDR
BESCRIPTION
L{"TES i')2" C~'&R I'N'~-0:LA~G '~5'~kS~'; .........................
P~VWOO~ ~o~ TEUr, O~,~ BO~ U.
MANHOLJRS FOR TEMPO~Y BOARD
MANNOURS FOR GLASS rNSTALLATION
PA Sales Tax
AMOUNT
205,40T
35.00T
260.00T
650,00T
69,02
CERTIFICATE OF SERVICE
AND NOW, this _~_~:-day of March, 2003, I, Gregory H. Knight,, Esquire, hereby certify that
I have this day served the following person with a copy of the Answer with Counterclaim, by first
class, United States Mail, postage pre-paid, addressed as follows:
Anthony T. Lucido, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
Attorney for Plaintiff
HANFT & KNIGHT, P.C.
Grego~ H. Khight, q '
Attorney ID No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorney for Defendants
F:WILESkDATAFILEkDiehl',Documents\5`$36-89.rep 1/ajt
Created: 10/16/01 11:56:33 AM
Rev[se& 05/02/03 12:51:22 PM
5,$36.89
ROBERT E. DIEHL,
Plaintiff
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania corporation,
and JOHN D. RESCINITI t/d/b/a SENATE
GLASS & ALUMINUM CO.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-568
PLAINTIFF'S REPLY TO DEFENDANTS NEW MATTER
AND NOW, comes the Plaintiff, Robert E. Diehl, by and through his attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and files this Reply to Defendants Answer With New Matter
and in support thereof avers as follows:
1-32. No response necessary.
33.
34.
35.
UNJUST ENRICHMENT
Admitted.
No response necessary; the lease agreement is a document which speaks for itself.
Plaintiff is without knowledge or information sufficient to form a belief as to the truth
of the averments in paragraph 35 due their lack of specificity.
denied and strict proof thereof is demanded at time of trial.
36.
is required.
37.
amended.
response.
38.
WHEREFORE, Plaintiff requests judgement in
Counterclaim to be dismissed, with prejudice.
Accordingly, said averments are
The averments in paragraph 36 are legal conclusions to which no responsive pleading
Admitted in part and denied in part. It is admitted that the lease agreement was
The remaining averments in paragraph 37 are denied as legal conclusions requiring no
The averments in paragraph 38 are legal conclusions to which no response is required.
his favor and requests Defendants'
BREACH OF CONTRACT
39. Admitted.
40. Admitted in part and denied in part. It is admitted that Defendants sent an invoice
for services rendered to Plaintiff. It is denied that the value of Defendant's materials and services
is $1,219.42; accordingly, said averment is denied and strict proof thereof is demanded at time of
trial.
41. Admitted in part and denied in part. It is admitted that Plaintiff has not paid
Defendants the $1,219.42 they are demanding. It is denied that Plaintiff owes Defendants that
amount for services rendered and, accordingly, strict proof thereof is demanded at time of trial.
Plaintiff will, however, send a check for the full amount of Defendants' invoice to his attorneys, to
be placed in escrow pending a determination of the amount owed.
WHEREFORE, Plaintiff requests judgment in his favor and requests that Defendants'
Counterclaim be dismissed with prejudice.
Date: May 2, 2003
MARTSON DEARDORFF WILLIAMS & OTTO
George B. Faller, Jr., Esquire' ~
I. D. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiffs
Mr. Robert Diehl
MAY-l-~003 07:11P FROM:REDCO 7177969600 TO:~4J1850 p:4~4
VERIFICATION
The foregoing Reply is based upon information which has been gathered by my counsel in
the preparation of the lawsuit. The language of the document is that of couixsel and not my own.
I have 'read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best o£myknowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly .false
averments, I may be subject to criminal penalties.
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Reply was served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Greg Knight, Esquire
HANFT & KNIGHT, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By Iaaa
Ami J. Thu~rna
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: May 2, 2003
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must I~e tyl~ewritten and su~mittecl in cluplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( × ) for JURY trial at the next term of civil court.
( ) for trial without a jury,
CAPTION OF CASE
(entire ca;tion must be stated in full)
ROBERT E. DIEHL
(Plaintiff)
VS.
SENATE GLASS & ALUMINUM COMPANY,
a PENNSYLVANIA CORPORATION, and JOHN
D. RESCINITI, t/d/b/a, SENATE GLASS &
ALUMINUM COMPANY
(Defenclant)
(check one)
Assumpsit
TresDass
Trespass (Motor Vehicle)
(other)
The trial list will be called on ~
and --'
Trials commence on September 8, 2003
Pretnals will I~e r~elcl on August 20, 2003
(Briefs are clue 5 clays 0etore I~rew~als.)
(The party listing this case for trial st~ail Drowcie
fortf'twitl'l a co~¥ of the praecioe to all counsel.
pursuant to local Rule 214-13
No. 568 Civit Term ~ __2p03
[ndicatethe attorney who willt~ caseforthe Darty wnofi[esthis Draec~De:
George B. Ealler, Jr.~ Esquire
indicatetrialcounsetforotnerpartms~fknown:
Greg Knight, Esquire
This case ,s ready for trial
ROBERT E. DIEHL, :
Plaintiff :
SENATE GLASS & ALUMINUM :
COMPANY, a Pennsylvania :
corporation, and JOHN D. :
RESCINITI t/d/b/a :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SENATE GLASS & ALUMINUM :
CO. ~ :
Defendants : NO. 03-0568 CIVIL TERMS:~' :
ROBERT E. DIEHL, : IN THE COURT Or COMMON[~AS?
Plaintiff : CUMBERLAND COUNTY, PEN~Sy~LVA~IA[!~
v. : CIVIL ACTION - LAW
:
BALDWIN COMPANY, t/d/b/a :
E.G. BALDWIN & ASSOCIATES,:
Defendant : NO. 01-6983 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of August, 2003~ by
agreement of the parties, these matters are consolidated.
By the Court,
Edws . Guido, J.
George B. Faller, Jr., Esquire
For the Plaintiff
Gregory H. Knight, Esquire
For the Defendants
Court Administrator
srs
ROBERT E. DIEHL,
Plaintiff
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania corporation,
and JOHN D. RESCINITI t/d/b/a
SENATE GLASS & ALUMINUM CO.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-568
PRAECIPE
TO THE CUMBERLAND COUNTY PROTHONOTARY:
Please mark the above-captioned case settled and discontinued.
Date: January 6, 2004
MARTSON DEARDORFF WILLIAMS & OTTO
By, F~all~J~e~
George~. , . q ' -~!
I. D. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attomeys for Plaintiff
Mr. Robert Diehl
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Greg Knight, Esquire
HANFT & KNIGHT, P.C.
19 Brookwood Ave., Suite 106
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
Ami J. Thu~ma
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 6, 2004