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HomeMy WebLinkAbout98-06556 I 'i ~ ....' \l '" ~ ~ ~ -..;; t.l '" ~ (; ~~ I \~! I ! ~! . ; ~, .~ ,j cj! ! 1 ~i \t)i \t)i ....,1 , 001 0-- EUGENE ROSELLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW NO. 98.6556 CIVIL TERM GLACE BUSER & C.G. BUSER & SON, Defendants JURY TRIAL DEMANDED BULE_13J2:.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: ~ErIJlONEORAe~OINIMENT_OFARBIIRA TORS TO THE HONORABLE. THE JUDGES OF SAID COURT: SamueLL.,Andes. counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $13, I.85,OO. The counterclaim of the Defendant in this action is none" The following attorneys are interested in the case as counselor are othelWise disqualified to sit as arbitrators: Ste,'len.E~GIUb,b,_Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, s~~~ Attorney for Plaintiffs Supreme Court ID # 17225 OBDER..O.F_C.o_U.RT . AND NOW, Gl/J1-U J /'''- / 7 , 2001, in consideration of the foregoing Petition, ~ ',(.. r/.~, '" j ,Esquire, 0, oV. -/.,' , Esquire, and , , ,L. I , Esquire, are a po' ted arbitrators in the above-captioned action as 'rayed for. resident Judge ',1\ I'll I. - . II ,. ,t '., 11', ; ',-". (i 0 L P " L It (;, 10\ ,\ T /. \1 .\ ~ ..." S II I I' \1 \ S, 1'" (: " July 6. 2001 01 ell! '''II F J.I~ SHrJ'\t \', 10...111\ D. I.r,(o; William A. Addams. Esquire Law Officcs of Michael J. Hanft 19 Broohvood Avenue. Suite] 06 Carlisle. PAl 71 03 .\krJlI f{ I.. (;()!1lIH 111, ll'J'd..,;O!l(1) 1I\llln 1\, (;(I! 111"111; II'Ihl.I'I'!.'i1 Rc: Roselli v, Buscr Aribitration Dcar Attorncy Addams: HO'\I.II.\1 K\I/\I" 1'" I.), E,,"""o This will advisc you that thc parties rcached a scttlcmcnt and thc casc :-;1.11, II,,,,,,,,,,,,, has bccn dismissed by Praecipc filed by the Plaintitr. If you havc any J J\\ Coo"'" questions please do not hesitate to contact mc. Tllo'.j\" E. lIul-,"I.f{ 11llts :\. S:\III\( AI'HIL L, STH \:'\(;-"-1 1\\ (;{') II. Bf{l)llj.;" JI-:1-'I'ERSO' 1. SUI!'\I,\' JEIlHY J. Rl-";~II ~IICII.\EI. J. CHflCF'I.! Tll(J\l \S J. WUH:lt SEG:kab STE\,[~ E. Gln"UIl 65336vl VCry,T~IY You:~. / /~' ~.J~ J~-,-/ ,. y 0(/ l/!P ',.t..., '(:: .2r./$~ Stevcn E. Grubb'- / :\H~OLlI H. K(I{;.'~ Hmn: L. .\lfJ1{llrs E'"" 1. KLl'E. rlI JllIl:\ DEI,(If{!.;'/I) Jf)Il~ R. :'\1'(1....'" 0.\\1[).\1. Sn:ua:l. C,\IU.r',f,[- UI-Il' I 71-; 1.1" 0::;'17 . y,,~o; OHI' I. 717.:-;";; 7(Jl~ - LAW OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW MICIIAH ,. I-IANII GIU(iOIW I-I. KNllIIl1 ItlCIIAIU1 L \V, 1\111 It. lit July 3, 2001 ()I COUNSII \\11111",",,1 A. ADDAMS MlnlA'1 R. RIINDt.r Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, l' A 17043 Steven E. Grubb, Esquire GOLDBERG, KATZMAN & SHIPMAN, p,c. P.O. Box 1268 Harrisburg, I' A 17108-1268 Very truly yours, RE: Roselli v. Buser Arbitration Gentlemen: Is a hearing necessary or can we proceed to enter an award? LAW OFFICE OF MICHAEL J. HANFT William A. Addams WANmmp F:\UsCl' Folder\firrn DOCJIWa;al},llSC\SA&SG Itr.wpd t '1: " ." I') I\!tOOf..;WO(\f) AVINIJl Still! I()() C\H11\lf. J'A 1701:l-91.12 717.24').5373 lAX 717.1.19.{).IS7 W\VW.IIANITI..\\\'III:,\I.l':(l.\' ~ Steven E Grubb. Esquire Attorney I. () No.7S897 GOl.llIIERO. KAlZMAN II< SIIIPMAN, I' l' J20 Markel Slreel 1'01l0,126K lIanisburg.I'A 1710R-126M Telephone' (717) 2344161 EUGENE ROSELLI, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W I'. " 1 ,I GLACE BUSER & C. G. BUSER & SON. NO, 98-6556 Defendants JURY TRIAL DEMANDED NOTICE TO: EUGENE ROSELLI e/o his eounsel, Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 , You are hereby notified to plead to the New Matter within twenty (20) days from service hereof. By: GOLDB,-G, K~~ZMAN ~ SHIPMAN, P.c. -,~l);j/ ~~;;7);I!7J , r-- ./,.f Ste<<en E. Grubb, Esquire Supr. 1.0. #75897 320 Market Street, P. O. Box 1268 Harrisburg, PAl 71 08-1268 (717) 234-4161 Date: :;/;;1/11 23253,1 Attorneys for Defendant I A ii, 11/' '(\ r~?I d'" :1 " ,I ii " (I , 1.1. .l~ ;:;; 0",;-<' ... . . - .....-. .' .. . . . '.... -- 4. Admitted. 5. Admitted, except it is denied that a month to month lease continued through the summer of 1997. Defendant vacated the Property on May 31, 1997. 6. Admitted in part and denied in part, Admittcd that C. G. Buscr & Son, a partncrship, used thc Propcrty to conduct its busincss. Denicd that Glacc Buser dclivcred posscssion and occupancy to C.G. Buser & Sons without the consent or knowledge of Plaintiff. The lease attached to the Amcnded Complaint as Exhibit "A" states it will be uscd for Mr. Buser's business and Plaintiff was aware of Glace Buser's usc of the leascd Property, as admitted in Paragraph 4 of this Complaint. Denied that C.G. Buser & Son is a corporation. 7. Admitted in part and denied in part. Admitted that C,G. Buser & Sons used metals in the course of its business. Denied that Dcfendants used "contaminants" or "failcd to properly dispose of those substances to protect the premises from contamination by them." Defendants never "contaminated" the premise and any heavy metals were only used in trace quantities. All metals were disposed of properly and the Property was cleaned regularly during the period of occupancy. 8. Denied. While it is admitted that Defendants vacated the premises and terminated their lease relationship with Plaintiff on May 31, 1997, this was after an unreasonable and unilateral rent increase by Plaintiff and after oral notice having been given approximately seventy- five days earlier, 9. After reasonable investigation, Defendants are without knowledge or information 2 .~ suflicicnt to form a bcliefas to the truth of the avennents contained in this pamgrnph. therefore. said avcnnents arc denied, Denied that Defendants "pla(;cd. or allowcd to be placed" any heavy metals or other contaminants in the Propeny, Denied that Defendants caused any "contamination" in the Propeny. Denied that any actions (lfthe Defcndants rendered any ponion (lfthe Propeny unfit for human occupancy or use, PlaintifT penniued his propeny to fall into a state of dilapidation and disrepair which rendered it unfit for human occupancy or use. 10, Denied. The allegations of Paragraph 10 state legal conclusions to which no response is required. Denied that Plaintiffs are entiiled to any recovery. Funhermore. after reasonable investigation, Defendants arc without knowledge or infonnation as to how much was spent by PlaintifTto test or clean up the premise, Therefore, each itemized amount in damages is denied. It is funher denied that any expense incurred by Plaintiff to test or clean the Propeny was necessary, reasonable or as a result of the conduct of Defendants. By way of funher answer, Plaintiffs allowing the Propeny to fall into a state of disrepair and dilapidation is the cause of plaintiffs inability to lease the space. It is specifically denied that the fair rental value of the premises was $500.00 per month as of July 1997. This unreasonable rent demand of Defendants was the primary reason for Defendant's leaving the premise. 11. Denied. The allegations of Paragraph 11 contain speculative legal conclusions to which no response is required, Denied that Plaintiffs are entitled to any recovery. It is funhermore alleged that after reasonable investigation Defendants arc without knowledge as to the extent or the amount of future damages or additional clean-up. which will be necessary for the Properly and, 3 I~ therefore, said allegations arc denied. It is further denied that any expense to be incurred by Plaintiff in the future to test or clean the Property will be necessary, reasonable or us a resullllf the conduct of Dcfendants. By way of further answer, Plaintiff permillcd the Property to fall into a statc of dilapidation and disrcpair which rendered the Property unfit for human occupancy or use. 12. Denied. Dcfendants did not "contaminate" Plaintiffs building through thc use 01' dangerous and hazardous substanecs and chemicals. Denied that Defendants caused any contamination. Dcnicd that Plaintiff continucs to suffcr damagc and loss as a result of Defcndant's conduct and misconduct. Plaintiffpennilled his property to fall into a state of dilapidation and disrepair which rcndered the property unfit for human occupancy or use. Dcnied that Plaintiffs are entitled to any amount of rccovery. WHEREFORE, Defendants respectfully request judgment be entered in their favor and that Plaintiffs case be dismissed with the court awarding Defendants all costs of suit, including reasonable attorneys fees, NEW MATTER 13. In approximately mid-March, ]997, Plaintiff, through, Anthony F. Roselli, raised the rent charged on the Property from $200.00 to $500.00 per month. ]4. The rent increase was done unilaterally. ]5. C.G. Buser & Son, through Charles Buser, informed Mr. Roselli of its intention to vacate the Property immediately upon Mr. Roselli's infonning him of the unilateral rent increase 4 in approximately mid-March 1997, 16. e,G. Buser & Son, vacated the Property on May 31. 1997, 17, $500.00 is an excessive rental rate for the Property. 18. The Property is in a statc of disrcpair and dilapidation, including: a. Lcaking cciling at various locations in thc Propcrty; b. holcs in thc flooring of thc Propcrty; c. holcs and cracks in the windows ofthc Propcrty; d. crackcd wall and cciling moulding; c. chipped paint; f. exposed, uninsulated electrical wiring and outlets, 19. The conditions described in paragraph 18 existed prior to e.G. Buser & Son moving into the Property. 20. After Defendant's vacation of the premise on May 31,1997, Plaintiff allowed the Property to remain open and unlocked. 21. Prior to Defendant's leasing of the Property, the floor of the Property was made ofa material whieh contained asbestos. 22. The paint on the walls and ceiling in the Property has been chipping since Plaintiff leased the Property to Defendants, 23. The Property, prior to, and during Defcndant's leasing, was infested with cockroaches. 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I scrvcd a truc and corrcct copy ofthc forcgoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 21st day of May, 1999, addressed as follows: Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 GOLDBERG, KATZMAN & SHIPMAN. P.C. / /) /;3" . .'; ':' By: :)%/1' :.-::7),/1- / ' Steven E Grubb, Esquire 320 Market Street p, O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney for Defendants Date: 23253,1 5/.:///7'9 EUGENE ROSELLI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-6556 CIVIL TERM GLACE BUSER & C. G. BUSER & SON, Defendant NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case will sit for the purpose of their appointment in the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, April 24, 2001 at 1:30 p.m. If any attorney has an objection or conflict with this date, that attorney shall assume responsibility to reschedule this hearing at a time suitable to all attorneys. William A. Addams, Esquire Gregory L. Cutler, Esquire Lisa M. Greason, Esquire ) ,I By: ,ry ') . i ) ;)/' " /f all'!."../' II A/~tt.4-'J''''''' Vl. (" William A. Addams, Board of Arbitrators DATE: February 15, 2001 TO: Samuel L. Andes, Esquire 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 Steven E. Grubb, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 li r -~~:> 1!1" !;L:,!~j jil,t';; , 1- -,~, .' I' , I j: Ii 11 'I LI' , , k~ t:~.~'7 L~r, Court Administrator Ii II \ \ \ I. EUGENE ROSELLI, Plaintiff ) ) ) ) ) ) ) ) ) ) vs. II \ GLACE BUSER & C.G, BUSER & SON, , INC., Defendants NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. q~ - hS-S~ (! L~,L TO DEFENDANT NAMED HEREIN: YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 EUGENE ROSELLI, ) Plaintiff ) ) ) vs. ) ) GLACE BUSER & C.G, BUSER & SON, ) INC., ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NO, y'r (. ~'(, (,;,,( 7-;..~ COMPLAINT AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Plaintiff is Eugene Roselli, an adult individual who resides at 3310 North Fourth Street, Harrisburg, Dauphin County, Pennsylvania. His interests in this matter are represented by his Attorney-in-Fact, Anthony F. Roselli, who functions in that capacity as pursuant to a Power of Attorney given him by Plaintiff and dated 24 September 1990 a copy of which is attached hereto and marked as Exhibit A. 2. The Defendants herein are Glace Buser, an adult individual and e.G. Buser & Son, Inc., a Pennsylvania business corporation with its principal offices at 87S Market Street, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff owns property at 306 Chestnut Street in the city of Harrisburg and has owned that property since approximately 1982. 4, In May of 1982, pursuant to the terms of a commercial lease, Defendant bace Buser leased the second floor of Plaintiff's property at 306 Chestnut Street for the purpose of conducting Mr. Buser's business at that location. A copy of the commercial lease dated 1 May 1982 is attached hereto and made a part hereof by reference. I 5. Following the expiration of the term of the lease of 1 May 1982, Defendant Iremalned in possession of the premises and the parties, thereafter, continued their lease arrangement on a month to month basis. That arrangement continued through the summer of 1997. 6. At some time, without the knowledge or consent of Plaintiff, Defendant Glace Buser delivered possession and occupancy of the premises to the Defendant, C,G. Buser & Son, Inc. Plaintiff believes, and avers, that the corporation continued the same business and use of the premises as had previously been made of the premises by Mr. Buser. 7. During the time that the Defendants occupied the premises and operated their business therein, Defendants used various heavy metals and other contaminants in the premises and failed to properly dispose of those substances and to protect the premises from contamination by them. 8. In June of 1997, after giving Plaintiff only five days notice, Defendants vacated the premises and terminated their lease relationship with Plaintiff. 9. Upon recovering possession of the premises, Plaintiff discovered that the premises were extensively contaminated by the heavy metals and other Icontaminants which the Defendants had placed, or allowed to be placed, in the ('. 'i~ ! , :;;~ iI, , -'I I I II I I I II !I , COMMONWEALTH OF PENNSYLVANIA ) ( 55.: ) COUNTY OF CUMBERLAND ANTHONY F. ROSELLI, who identified himself as the Attorney-in-Fact for Eugene Roselli, the Plaintiff in this matter and verified that he is familiar with the facts In this matter and the averments set forth in the foregoing Complaint and that such statements and averments are true and accurate to the best of his knowledge, information, and belief. / ' {ltk.<' ~t! ANTHONY F ROSELLI Sworn to and subscribed before me this;{ fI h day of ()C'tL if:Jf /- , 1998. Ii NotarY~i~ II Ii I NOTARIAl. SEAL '~I LYNN EHRENFELD. Notary Public , L.,moyna Born, Cumberland C",,'~~, ' . ~.' ,. ":af~~~_l_s~~~~~xp~,~~ Au~~. ~~_~ .:~~~ _; . LAW O,.rlCE8 .rll:ID~D)l'D^N 8r. ..O(~IH. ...<< 1. P. O. DOl( nn~ 101 NOnTtI,nUH' GTRcer 1I^,1Il19I1uno. PENNSYLVANIA 17100.000'; C:ENEIlAI, I'O\~J::1l or A'J'1'OIlNEY KNOW ALL MJ::N IlY ~'IIESI:: I'IlI;SI;N'J'S, lIw t 1/ ElJla.NI: FIlMlK HOSELLl, of Ilarrisburg, Dauphin County/ Pellnsylv"ni;l, hilvl' 1I1;lde, constituted and appointed, and by these presenls do milke, constitute and appoint AN'l'1l0NY FMNK HOSEI,Ll as my true and lawful Attorney to oct in, manage and conduct all my eslale and all of my affairs, and for that purpose for me Dnd in my nome, place and stead, and for my use and benefit, and os my oct and deed, to do ilnd execute, or to concur with persons jointly in terested wi th mysel f therein in the' doing or execul i ng of ill 1 or any of the following acts, deeds and things, that is to soy: 1. To deposit and withdraw for the purposes hereof, in either my said Attorney's name or my name or jointly in both our names, in or from any savings or banking institution, any funds, negotiable paper, or monies which may come into my said Attorney's hands as such Attorney or which I now or hereafter may have on deposit or be entitled to, including the power to establish, enter and store in and withdraw from a safety deposit box or other security receptacle in my name or in the name of my said Attorney for me in any savings or banking inst1tut10n. 2. To sell, assign, transfer, and dispose of any and all stocks, bonds, including U.S. Savings Bonds, loans, mortgages, or other securities registered in my name; and to collect and sign receipts for all interest due and payable to me. 3. To make, do and transact all and every kind of business, of whatever kind or nature, including the receipt, recovery, collection, payment, compromise, settlement and adjustment of all accounts, legacies, bequests, interests, dividends, annuities, demands, debts, taxes and obligations or any rebate, refund or discount thereon, which may now or hereafter be due, owing or payable by me or to me. 4. 'fo invest in my name ill any stock, shilrcs, bond~~, securities, or other property, real or personill, and to change such investments as he, in his sole discl.cti on, may deem best; and to vote at meetings of shareholders or other meetings at any corporation or company and to execute any proxies or other instruments in connection therewith. 5. To make, endorse, accept, receipt, casll or n~gotiatc, 5ig11, sl~nl., cxeCtltc, acknowlet10(' ilI,d deliver (lc~ds, ilssi~I'mcllt~, ,"J<]l"(-en,cllt:" cI'rLJ (iC;lt~.:;, hYr()t!it'I...~,j.jun;'j, (:Lel L~" IW:_I'.- I I'Cir,(:~, :-l:,t(~; ',i :71<,,::', '.'(-,U\:Jill::, ;l.:.iJ.,t:'. dllc.i :-;;..:1.... ".:" ;:,:~1~1:~.\...:.1: .l.i: \;rltilll.! (,~ \.'I....<..It,:\.cr I.~I.U iJr....: :~d:U:... ii:.' lllilY I,. Ii' 1:1 :~~-.:lri', ,-.'01;','(:" nj/-'n1. l)r pr('j:(:l jl~ tht:' pl'l.'l~lj~'(':;. \.t:.,: i1:... Iii.; ;/ ' . !' ., ) ,,. ') \ I N f i''- ,:_~ 'l'-' -{~. -~ .1 . 6. To institute, prosecute, uQfcnd, compromj!;L', ill.bilr(1t~ and dispose of IC<Jal, equitable or admini:;tr"'tive 1"'i1rinqs, actions, sui ts, at tachrncnls I arrcstn, di !;lresnc!; or other proct"cd- ings or otherwise engage in I iligation in l'onnp"lion with the premises. 7. To engage and dismiss agento, counsel ilnd employees, and to appoint and remove at pleasure any substitution for, or agent of my said Attorney, in respect to all or any of the matters or things herein mentioned and upon such terms as mi' Attorney shall think fit. 8. To buy, receive, lease, accept or otherwise acquire; to sell, convey, mortgage, hypothecate, pledge, quitclaim or other- wise encumber or dispose of; or to contract or agree for the acquisition, disposal, or encumbrance of; any real or personal property whatsoever or any custody, possession, interest, or right therein, upon such terms as my said Attorney shall think proper. 9. To take, hold, possess, invest, lease, or let or other- wise manage any or all of my rpal or personal proPQrty or any interest therein; to eject, remove or relieve tenants or other persons from, and recover possession of, such property by all lawful means; and to maintain, protect, preserve, insure, remove, store, transport, repair, build on, raze, rebuild, modify, or improve the same or any part thereof. 10. To prepare, execute and file income and other tax returns and other governmental reports, applications, requests and documents. GIVING AND GRANTING unto my said Attorney full power and authority to do and perform all and every act, deed, matter and thing whatsoever in and about my estate, property and affairs as fully and effectually to all intents and purposc~ aD T might or could dCJ in my o\.o..'n prep12r person if pCrBOlli111y pl'C~50fll, t.he ~1bovc specially elll:!n<!ra ted powers being in ai d and e;{(on,pli fica tion of the full, complete and general power herein granted and noL in limitation or definition thereof; and hereby ratifying all that my said Attorney shall lawfully do or cause to be done by virtue of these presents. This Power of Attorney shall not be affected by any dis- ability nor by any uncertainty as to disability, nor uncertainty il~~ tr. the sL-jIC' (-r!llY lifl~ or (~("\,:t.~. Tj" ~'ll;_;l.l rl?ITI(jin il~ '....rr..'ci "''';~ r','vok..." ;" ','!riL;nc (;,.1;'/("1''''0 Le. Ii.':' ,;..,i" .r.tI'.r"(";-jn_).'..",~ ,,~. /l',-' .:: '1 {'('It:]'! i.::iT;ui!;1 ("'d ouarc1i'lJ: :~,:; ILC' (lJ' :1":" ~ Ii. ji!\J"::!.!;;.l rQr.rc!,t.'z:t.':'ttiVt_ ':~il!t()int('d Il'" Illl- f,rujJ(:l" Cell]'!: ()~!.iI,"j"11 to"~ ,n;j:,il,- 1;.1:'-'1 I;;~. l~:-;t;lt(>. ... . . IN WITNESS ~IIIEHJ::OF. I hav("'hereunto S(!L my hanu ilnd sCill this,gy.Li!- day of September, ]990. ~~ IfCf!-i4 aut.?U ( Eugene frank HOGclli (SEM.) WI'I'NESS: (/! ~I d:m-.~ EUGENE ROSELLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW NO. 98-6556 CIVIL TERM GLACE BUSER & C.G. BUSER & SON, Defendants JURY TRIAL DEMANDED RULE_t3J2:.t, The Petition for Appointment of Arbitrators shall be substantially in the following form: E'.ElmO~::=ORAP-l'OmTMENT_OE.ARBITRA T_ORS TO THE HONORABLE, THE JUDGES OF SAID COURT: SamueLL_Andes. counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue, 2. The claim of the Plaintiff in the action is $,13.'L8,5..00. The counterclaim of the Defendant in this action is none. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: s.te'l.eILE_Gr.ubb,_Esquir.e WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Respectfully submitted, ~~~~~ Attorney for Plaintiffs Supreme Court ID # 17225 Q.RD-ER....OLC_O_U.RT . AND NOW, Cl . ;I, ,,', I / ,2001, in consideration of the foregoing Petition, ,Esquire," ~ ' , Esquire, and , Esquire, are a po' ted arbitrators in the above-captioned resident Judge EUGENE ROSELLI. Plaintiff IN TilE COURT OF COMMON PI.EAS OF CUMBERI.AND COUNTY. PENNSYLV ANIA VS. 'IH-6556 CIVIL CIVIL ACTION - LAW GLACE BUSER and c.G. BUSER & SON. INC.. Dcfcndants JURY TRIAL DEMANDED IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE I'IESS AND OLER. .1..1, ORDER AND NOW. this IS" day of April. 1999. it is ordcrcd and dircctcd that: I. Thc rcqucst ofthc dcfcndant for a morc spccific plcading with rcspcctto thc idcntity of contaminants is DENIED, 2, Thc objcction ofthc dcfcndant for I1Ii1urc ofthc plcading to conform to a rulc of court requiring inclusion of a writing upon which thc action is bascd is SUSTAINED. Thc plaintiff is grantcd Icavc to amcnd his complaint. 3, Thc prcliminary objcction ofthc dcfendant asscrting a violation of Pa.R.C.P. 1021(c) is SUSTAINED, Thc plaintiff is grantcd lcavc to amcnd his complaint to state whether or not his claim excecds the jurisdictional amount rcquiring arbitration by local rulc. 4. The preliminary objcction of the defendant asscrting a violation ofPa.R.C.P, 1021(b) is DENIED. BY THE COURT, ~,-{i~~ / .~, r. , \ 98-6556 CIVIL The Superior Court has slaled Ihal "ltJhe lilet that appellee Ihrnished appellant wilh a copy of the writlen lease in the inlerim hetween the Iiling of the pelitionto slrike and/or open and the hearing on the merits of the petition did nol cure appellee's lililure to atlach a copy to Ihe complaint as requircd hy Pa.R.C.P. 1019(h)." Del~rosso v, (,ruerio. 255 Pa, Super. 560. 389 A,2d 119n.5 (1978). The lease, which crcated the legulohligutions bel\\'eenthe purties. must be utluched to the eompluintto conform to Pu,R,C.I', 1019(h). See Foster v. Peat Murwick Muin & Co" 138 I'u. Cmwlth. 147. 156.587 A.2d 382. 387 (1991). Third, the defendunt objccts to the pluintiffs complaint becuusc it fails to stute whether or not this uclion exceeds the jurisdiclionul amount requiring arbitration by locul rule, Pu.R.C.I'. 1021 (c) provides: In counties huving rules governing compulsory arbitrntion the pluintiffshall state whether the amount eluimed does or does not exceed the jurisdictionul amount requiring mbitmtion referrnl by local rule, Pa,R.C.P.I021(c) Cumberlund County Rule of Procedure 130 I-I provides: All civil cases which are at issue in which the total amount in controversy is Twenty-five Thousand Dollars ($25,000) or less, exclusive of interest and costs, except those cases involving the title to real estate, shall be submitled for hearing and award to three members of the Bar of Cumberland County to be designated a Board of Arbitrntors, C.C.R.P. DOl-I. The plaintiff argues that he cannot determine at this time whcther he will incur any more actual damages, and thus cannot state whether the umount of the damages do or do not exceed 3 911-6556 CIVIl. 2. The ohjeetion of the defendant li'r Iililure of the pleading to eonli>rlllto " rule of court requiring inclusion of" writing upon which the aclilln is hased is Sl ISTAINED, The plaintiff is granted le"ve to "mend his complaint. 3. The preliminary objection of the delcndant asserting" violation ofP",R,C.P. 1021(c) is SUSTAINED. The plaintiff is granted leu\'e to umend his compluint to state whether or not his claim exceeds the jurisdictional "l11ount requiring urbitmtion by local rule, 4. The preliminary objection of the defcndant asserting a violation ofPu.R.C.P. 1021(b) is DENIED. BY THE COURT. Samuel L. Andes, Esquire For the Plaintiff A\,L- . /J-IL Kevin A, Hess, J. / Steven E, Grubb, Esquire For the Defendants :rlm 5 ".~-, .........-- .-.- ._.-.._-_._--_...._._--~,~ -_...~._---_.._.._--_.. --,.-. -....,.-..------... .-_.- --.----- EU(il'NE ROSELI.I. PlaintilT IN TilE COURT OF COMt\ION PLEAS CUMBERLAND COUNTY. I'ENNSYI. VANIA v. CIVIL ACTION. LA \V GLACE BUSER & c. (j, BUSER & SON. INC.. Defendants NO. <J1l-6556 JURY TRIAL DEMANDED ORUER Ha\'ing considered Defendants' Preliminary Objections to the Complaint. it is hereby ordered this _ day or . 19<J<J. that said objections arc SUSTAINED. I'laintilrs Complaint is hereby DISMISSED with leave being givenl'laintifTto re-plead more specifically and with a proper elaim lor relief, BY THE COURT: . J. C;OUIlIUU;. h. \ I/.'I".~ !'IIllI"I".",( , "'11:\\'111 (.whll. I ~lluiH' . II) 1I1~l",,7 1\lhlI1lC\~ lill Ikkll.J,lI1h 1~1J :\\;,,1...., "'lln'l " () 1111\ 1~(lM lI.uri~hurA:, 1',\ l7IlIM.I,!ilM 17171.2ll.<llhI EU(jENE ROSELLI. Plaintiff IN "11110 ('OIIRT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION - LAW GLACE BUSER & c. G, BUSER & SON. INC.. Delentlanls NO, 9&-6556 r. JURY TRIAL DEMANDED HEFENI>ANTS' PRELIMINARY OB.JECTIONS TO TilE COMI'LAINT Dclendants Glace Buser and c.G, Buscr & Sons. tnc,. by their counsel, Goldberg, Katzman & Shipman, I',c. preliminarily object to thc Complaint as lollo\\'s: PRELIMINARY OIl.JECTION #1 - INSUFFICIENT SPECIFICITY IN THE PLEADING PURSUANT TO PA. RC.p. :028 (a)(3) ~ l" i~ gi I, Plaintiff has failcd to allcgc, with specificity, thosc facts which would permit .! ~, ...! Dcfendants to adcquately answer and dcfcnd against thc claims raiscd in Plaintiffs Complaint. 2, In Paragraphs 7, 9. 10 and II, Plaintiff statcs that Dcfcndant was responsiblc for using "heaving metals and other contaminants in thc premises," Plaintiff fails to identify with parlieularity which hcavy mctals and contnminants were on thc prcmises. 3, Thcrc arc vast numbcrs of "hcavy mctals and contaminants." Thercfore, Plaintiff ~ should be required to specifically slate which "heavy mclals and ,'ontaminants" were lilund at 30b Chestnut Street which render the prcmise uninhahitahle and limns lhc hasis ofPlainlilfs claim. 4, Dclcndants must knol\' which "contaminants and heav)' metals." if any. were present on the propcrly to prepare a dclcnse of this case, 5, Plaintifrs Complaint is not specific in that while referring to a lease inPamgmph 4 of his Complaint. he has failed to attach thc lease upon which hc bases his claim as part of the Complaint. as required by Pa. R,C.P. 1019, 6, Defendant is unable to prcpare a dclcnse for an alleged violation of a lease without knowing the contents of the Icase, 7, Plaintit'rs Complaint lacks specificity in that it states eonllicting 1[IClllal allegations in Paragraphs 10 and II, 8, In Paragraph I O.B. and 10,C, of the Complaint. Plaintiff states that he has incurred substantial expensc to have the premises tcsted and also has incurred $3.500 to c1canup the contaminants in the premises. 9. In Paragraph 11.A. and II.B, Plaintiff indicates that there is more clean-up and testing to be done, despite the apparent completeness of the project whieh Plaintiff alleged in Paragraph 10. 10. The factual allegations contained in Paragraphs 10 and II are confusing and non- specific and prohibit Defendants from adequately defending against the claim, 2 I'RELli\lINAln' OIl,fE(,T10;'l; 1/2 - VIOLATION OF I'A. 1(.('.('. IU21 -1i\lI'IHU'ER (,LAIi\1 FOR ItELlEF II. In his daim 1(" relicI'. Plaintiff dcmands judgmcnt against IJcli:ndants I(lr thc spccilic amount of S II. 785,OU. plus lost rcnt and intcrcst alicr July I. 1'1'17, 12, This calculation is bascd in part on spcculativc. unliquidatcd future damagcs, as statcd in Paragraph I 1 of thc Complaint. 13, Plaintiff has stated a spccilic daim lor unliquidated damagcs in violation of Pa. R.C,P,1021(b), 14. Plaintiff has failed to state whethcr thc amount daimcd docs or docs not cxcecd thc jurisdictional amount rcquiring arbitration by local rulc. pursuant to PA. R.C.P. 1021 (c), I I I , I I I i i I 1 .,..-:,.' 3 WilERI'< mE. Ikl"ndallls n:speetfully requestthall'lainlin-s l'omplailll he dismissed and Ihatl'laintil'i'he ord,'mllo re-pkad with a more specilk pleading Ilhidl wlltaills a proper d,timli,r relief, Respeelfully suhmitted. (;OLIlIlERG, KATZ"IA1\; & SIII!'''IA1\;, !'.c. - /' . " I. /;> / Y-:~'~f'--:.. By: Steven E. Grubb. Esquire Attorney L D, No. 75897 320 Market Street 1'.0, Box 1268 Harrisburg. P A 17108-1268 Telephone: (717) 234-4161 A!torney for Delcndants I , Date: ..:1> //>""/ I, I t", 1;,;' ~ ;.. p ~~.:; 4 ';L ~;<: ;:~" i~ CEIrJ'IFICATE OF SERVICE IIIElmll\' CEI~TIF\' lh"ll s~r\'~d" Iru~ ali<I ~01T~~1 wpy 01'111<' I<'r,'going do~ul1l~1Il upon all parli~s or ~ounsd ol'r~~ord by d~positing a ~opy or salll~ in lh~ lJl1il~d Sl:Il~s Mail al lIarrisburg. J>~nns)'l\'ania. wilh ('~rlili~d. Iirsl.c1ass pllslag~ pr~paid, addr~ss~d llllh~ 1(,lIll\\ing: Samuel L. ^nd~s. Esquir~ 535 N. Twcllih Slr~~t 1'.0, Bllx 168 Lemoyn~. 1'~nnsylvania 17043 GOL/)IlERG, KATZMAN & SHIPMAN, P.c. . / , /". By;, pP ,/ /""'")1', /. . sicven E, Grubb, Esquire .-') / ,- DATE: ';,'/1/' ?7 >- Cl '>- n- t': -' <": ,'"':-:: , -; IJ.J<;"'3 - -' ("j"! i;~ ! ...;,;: (j;:.- I Cl'" 0\ ':2 U)/.. =-::-1, C-, i w, L." f---" L_ '!i'.=-. l' r:::"" - -..) u c., U 1\ ," I \ \ 1\ !! EUGENE ROSELLI, II Plainliff i\\ Ii \ I I' I I I \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. ) ) ) ) ) ) ) ) ) ) NO 98-6556 CIVIL JURY TRIAL DEMANDED GLACE BUSER & C,G, BUSER & SON, INC" Defendant NOTICE TO DEFENDANT NAMED HEREIN: YOU HAVE BEEN SUED IN COURT IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER 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, PA 17013 (717) 249-3166 \ \ I I I EUGENE ROSELLI, ) Plaintiff ) ) ) vs. ) ) GLACE BUSER & C.G, BUSER & SON, ) INC., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 98-6556 CIVIL PLAINTIFF'S FIRST AMENDED COMPLAINT AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, I and makes the following Complaint in this matter: 1- 3. The averments set forth in the first three paragraphs of Plaintiff's original Complaint in this matter are incorporated herein by reference, 4. In May of 1982, pursuant to the terms of a Commercial Lease, Defendant Glace Buser leased the second floor of Plaintiff's property at 306 Chestnut Street for the purpose of conducting Mr. Buser's business at that location, A copy of the Commercial Lease dated 1 May 1982 is attached hereto and marked as Exhibit A and made a part thereof by reference. 5-12, The averments of the fifth through twelfth paragraphs of Plaintiff's original Complaint are incorporated herein by reference. WHEREFORE, Plaintiff demands judgment against Defendant, jointly and severally, in an amount which does not exceed the jurisdictional amount requiring arbitration. ~-~~ Sa uel L. Andes Attorney for Plaintiff Supreme CourtlD # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 '. " I I Ii " 'I Ii " 'I II ;i II II II 11 I, Ij Ii Ii I! EXHIBIT A II II II Commerciul Lease ~~fY 'U!/Iis J\grrrlllrlll or !.,."",, ",,,,I., ,1.iN 1u t .1." ,,( Mil,)' ^,II. 1962 Between Euceno flono1! i fir IIII' f1nr II'U.. 111111 Ur. alnoe BUDor ul dlr nllll'f Ilnrl, ~UillltlD('J1II lhnt till' Raid 1in:1I'arl)', illl'''fWidl'':llioll.,i 1111' IPIlI;- all,J "'1\1'1111111'; 11I'11'illa(IN IIlt'IlIIUlll'd, 1111 r1emlsp :uullt'lIso untu Ihf1 sHill S(,f'IIIH1I'arl). t'l h" 11.....111.. hin plnoc of bunillono 111I'l'rcllli!lr~ "illlntll h.tllD City or JJo.rrinbu.rB' CUlIlllr I', I.I,mphill UIl,1 ~11I1f' III 1'<<"IIIH)'lvlIniu, dcftcriLclluK InllowH, In \\lit: )06 Chce lfJU t :; Lrno t, U~l!cowl ri'loor), IJnrrioburg. J'crui'd91vo.nlB. 'iIto ~Iu\lr nl1~ to ~lnll1l1l1ll1 IIII' !illhl S(~t'C1lllll'url)'t suhiet'1 III 1111' C'lIl11lirillllS IIr ,11i'1 ^,~n'I'''"'III, lor Illf~ Irrlll IleAinniflA on tho 1st ,Iuy oC June 1982 ,lIut! I:rulilll: 1111 IIII' 30thllil}' ,., June 19 82 ;1111 <l1l1l1Gillrwftl1l1 l1{ ~Nllirfl tIll! anier Hllcnlllll'urt n~rl'l! 111lI1 will pll)' In 1111' ~llhl fir!ill'urly ror tlu~ use o( snid (IrcllliNcs, the RUlJlllr frwenty four Hundred (2,400.00) f)llllnr~ Ulld IIllll'r mll~iflernlion bereinaher IlIclIlinnecl(lnynlJlcl us rnllows; vil. ill 1II01l11.Jy illsllllltll~lIls Ilr Two Hundred (200.00) Dollnrs in (u)vnncc on the firNtlloy or encll cnlenclnr 1I1111llh IlurinG 1111' It I Ill. Month To Month Leane 'I'm: IH:MISf: III"II':IN CUNTAINlm IS MAIlI': ANIl ACCf:I'TI,;1l fiN '1'111,; FOI.I.OIVIN'; CUNIIITIUNS 1. No wasle shall he eonlluhlcll; nnll 01 the Clul of Illr f1l1i!lll.tlll Ihr II('misrlll'rr'llIi~eH Rhnll he .h,livr.rcll III nf! gnod enolllllon 8S at the eomrnr.ncemenllherp.of, (Itllinnry wear 11011 Innt nrlllllllllv.dllnhl" Ilam;l/:I' IlY rir(', Irll1l'N.t 111111 lI~hlnill": cueplell. 2. The rent reserved shllll hf! "rulllplly !,alll fill the Rf!\,.:rnl lla)'S 1111.1 lillll's IlI'udll ~1"'cHie'll willwlll 11'!IJUClioll or nbnlement, at Ihe resilience or princil'nl oUicr. of the Mid I.Cf!!;Ot. ,3,'U Iha Lossllo should remove or prernrc to remove, IIr nllelllpt In rC'IIIU\'(! from thl! prcml'!le:& hereby IClUIcd he fore the,explre. tlonor thD termor Ht Dny tlmedurlng the cootlnunnce of this lenHe, or [( 111P. LC'A!H!t! "hllll be In c1erlluh In the pnyment or nny,ln8tall.: 1J'~.L.af,rent for the period of ten days, or "hould there he n default In IIOY o( Ihe cu\'ennnllt or condllfonl'l ns herein conhloed, Ihen lib that -"nR'brent (or the termor twelve monlhs al the rnle which it hnht'lllllue nnll clIl!rrtihle unller the lerms of Ihh, lensll shall "/ Jmmedli. 'y ecomll dUll Dnd pRynhl" DIllI r.hnll bo. collectlhle 1.1 ,lislrnlllt or ollwrwl!ie. ,..." 1:1110 expiration of Iho term tho demised premises will lip. reslorell nt Ihe /lplloo of tlu! LeAMor In Ihe Rnme cOlldltlon In which th y were at the com:nenccmenl of the letm, nnd Ihe cost nf Ihe s;lill tt~slurl1'inll !;/1lI111lf! pnhlllY the LI~S"Cr., which cost will be treated 89 additional reoL due nlld nwinR tlnller Ihe teflllS flf "Ie IOJnsl', 5. A holdinR over by the Lessee beyond the term of tbi!; !cnse wilh Ihe consenl of the Lessor, which consent ,hull be construed '!om silence, shall extend this Jease for an udditionallike ter m, and Hp',\"hc at Ihl' end of any extt'nded term or lerms. 6, The Le!'O!ior 9hnll 1101 he Iinldl! 10 tIle l.f!S~I'C Inr nul' ,111~" Ii," wrlidl Illny Ill' l'lIll!'>I!/1 In Ill" I.cRSf!e IIY the 'lIi1me of Iht! Lessor, If snitl fullure is 1101 Ilue to uny faull 011 his Il,;.ut, (n l\iH~ 1'\J~;!lI',;,;'dllll nf 1111' prl'mi"'f!!i Itf'ffdn 111'mb.ed, al tll(' IJme IIp;recll u(lon. . 7. Snlcll.t'lsAce shnll lint r-nrry IIn IlflY 1I1llnwflll or imnmrnl hIl1;;lli'~~; ill lit ahllu! ,Ill' 1II'lllis"llllrl'fllh;r~. RllIl ,,/In II lint cnrrv 011 nny business whldl wili r.1I(llIfI~f!r Ilw 1l\llIllil1l; from Ore or Cllllr~l~ II fllrfl'illHl' nf IIny fin' inmunncr III/II I Ill! I.lHHlUt IIlIA or may here.. after IllIve .~n ~nid huildlnl;. . .,.. t \.. · Ie. And tlu, .uhl I.e..",. In'r.b, "~t"I,I. IWlh',- h. 111111. lUIIlU','., 'rulU. hllll 'UtHl'Illl..r III' 110..lI.lllll11 ot Ihe 1111111 duml.od ~rulRl.u", IU Ill". .ald Lv"ur. hi. Ilaln ur ...Iellll. .., (Jill \'''1'1((.11011 01 Ihlt ,"hl lerlll, whon.nr.1l 11Ift)'. bn d"lermlnod, whuthur by (urrulluru or ullunwl... without allY rUl'lIu:r lIulh~u tu lIull unl!clt III ,urlhor nollrn bolnA' hurt'''Y waived. Anll all .aU.rv In II.)' fl'ul ,lulII. fur IlIv 'IIalCe 01 .un day. t..,.ld,.. Ihu dl.u"... or 1I11ll11 I,reath of '11)' olhor I'onllllloll 01 lhl. Icau. "I. I....... .hull bu Il nUIH"I""I. .ubJI~t lu dl.ltU......lulI b)' th.. .nM J.ellur. wlllluul IUflher l1ollC'd fir I,ruco.. 01 law. willi rulo.au uf error uUII (II dauul';'!A. and the .nld I.".".'r mM)' rr'cmler Iho Iltellllll" .1111 dl'IHlne.. Ih. 1A!'..on wllhout thorahy IILcumlnv . 1f..,'II.,llr, AIIlI Ihu J......u hurnlly w"h... tI... buuulll nl all .,101111111011 la"l 01 thl. COllllnollweallh that now are III f.u-C!ft or nUlY 1I"IUllllul' lilt III luft..v. ur III 811Y al'lIl111 fir 'CUUU1 1111\' IIIil1 JU'I:fIlO elll Ihl. cClnlrael. and In "f1)' dl.lrulI or 11Ialre.. Ihnt 1111I)' 1m 11111110 (ur cnllnellon 01 II... ~ Iwld 01 ,..1M H'1I1 or nny llilrt IIIl!r.,ol. Wahl",; aln 1110 hCllnnt 01 ISta, ul uJ:f1t:lIt1ulI. hIC1111,lllull. ",II'lullull. !lUll nil ..rrur., III all l,rm'I'I'IIIII,:_ Ilrh.llln lIul ur 111I. 1f'11I.... 11, Nu "hUWI'UIlIl. IIh;n ur hl'"l:lll': or Ilrulflllllll~: ,,1':11 IIr l'I'rllllllll'lll,nll.'rllrllllll flI IU)' Iihu1.hall hI! kUI,1 fir Inalntnln(lll hy 111M It/uUllt 1111 lilt! ft'itl'lVUIlUII IIr Mlduwalk III 1111111 ul HI(! ,It'llIl!lI'll 111I'llIlltl'lI, 1111111 "11I1f." 10 11ft 1I1f!11 nllly Inr IIIUllnlll' fI' InRr"u und "gflUIII, I K, '1'1111 I'llrly lit Iho Ilt'elllhl Ilall will 1"'111', l'lt)' .11111 Ilh4l'hiln:1' wlll'll ,11111 All 11m lIalllll !JtH'lJlltn dun nnll Iln)'llhle all JUlh;. 1II1l1l" 111111 Ill....'lIl dullll" (Ul' dllllllU::I~'" IIr ullu'r\' hw I1I:nllllll 'utili 1';lflll'lI fir thn tlnn IlIlrl prhllllff (rlllll It" IU'''' nr UCCUII'UIC)' ul "lllll 1.111,,1 I"'I'IIIIHI':I ur 111(1 1t1.lllwnlk In (Will ,ulll to"'" "' toulll 1''''IlIIH''!t, ,111.1 \\'111 1I11""11l1l Iht! hurlll'n "ud 1'*1101111" lit do. ,..nlIIIlK .11 "tlt'h 111I1111. wlll'lllI'f Itruul;hl tn'tulu 11... {'\IIlIIlII,," lIt Ihlll II'R'"' uIlII will Ilutll'ltt, 11I11('IIIIII'y 111111 I.V" hnrllllrllul 11m .lthl 1'.")' lit 11m IItHl IIiUI, lil!l 111:1'11111, IWn-lIlIllI, 1.,.q,lurlwlI IlIul Iluhlk nl IrUJ;fI I,y II'allflll 01 or fill llCf'OIlIlI ot (hn 11110 or nll.u.., ul IIw ,,','IllI.I'!! hllH'h)' "';IIII'd IIr Ihll .lIdl'Vo'lllk III hllnt or till! IIRIlI l'rlllllll\(lI, (lr nil)' IlIIrI Ihl!rr.nl, ctuo In Clio negll. ICUIU~fI ur IllI! h~~!ll't! or 'lilt 111;1'111., 1 It, And III eoullhlurnllnll ul lI.,cu,ln.: tho wllllln 1'1"80 .1 tilt! uhovo IIlntf"11 rlllll, lutlll l.tHuma dnnll hflrnh)' rel"Rtl8 nnd dl.C'ha'lCn ""ltl l.oBulIr, hi. hl'lu or OIU.II:II!I. rrutn 1111)' 111111 nil IlnhllllY 'ur ll:ll11n,;n Ihill IllIlY f('llult Irlllll 1110 Il11nllnR. 8(011. PRC" "lit! h,uh",:I' fI( 11llY wlth'r II'lltl. f;llll I,ll"'. .nwl", '1I1~11l. wnh'I'.r1HlIl'I. "ll'illll I'ltlll nllllllrllln, 1111.1 'rom nllllnhllll)' Inr any IInll all "tU..OI,:1I t'Ull'wl1 Ity lilt.! wllll:r, ':IIK. ,,11'1111I, ~'nMI(' 11111' t'onll'lIl" ut HaM wall" 1,II,roll. J:nlll'hH!Il, IIlmUll Illr1fl!l. IOWnrl, hRaln., walr.r.C'ln,l.tot !lUt! drllhlH, ~O. It IN o11lrl'MKly 1I1111nrltltHIll h)' lho II;ulll'" Ihnt Iho ....llllln III:r(1(!1lI01l1 III flllllulllll'.lln Ihlll ngr(!flIT10n( nnd IhAlnll IIRrl or 110m Is ollltltml. :: I. TJIlI IUlt'lIl1ll purly dllt!s nltlO IIMOh}' wah'o :W} ,1'1' 1\1: c1I'l1I~1I11 rur 1'")'1111'11' lit tI", rl'lll h,.r,'ln l'fulflll,.,1 lor, allhnr un Iho tiny dltn lIr Ul! uny ulhl!r tluy, "lIhl'r Ull IIlt,l 1111111 IIKt.J! I.r III uny olhllr 1.1111:1', 1I11,111J;ft'I~M Hull Buch tlulIIlIlld "hnll nnl hI! II 1'01111111011 uf ru-clllrY or of f(!co\'I'ry nr 11C1ff1l1'".lul1 wllllOU( le,;"1 "rlJrll~H IIr II)' 1l1l'1\1I11I1r fillY 11(:lIml or Ilrocnr.cllnge whntBouvor, The 1eeeee ehall pay hiD own eleotrio bille. The' leesee shall give eixty day notice to the leDeor before moving from the premieee. \Vltlle8~ Ihe hnfllls RlIlI 8cnla 01 Iho pnrlll'''. tho cia)' 1I11d Yt~ar nr81 nhovo wrHton. .....,~..,~~'........,..,...,..,..........,~ .......ct(~..~~ ..~..............................~ cQ~lJ." ...,.....".......... ....,'~~ (.l .. m .. l;S ~ ... , t t.::l, , l:-r- .:! ::: t: , '" ~ i=: ;; --0 ... c I'd -.a s:: c 0 .. rrf'v '-' IS .~ ..... .... ~ .~ c t....l '" l~ " ~ '... " ;; 14 ...: ID -a ... ...' .il E OJ: .:i ID: " $ :::: 0: 01: " ..... ~ 0 ~ OJ: z 'C) ,:: "? ~ OJ: 11. '" . (.1: J) ',}r",' '. I I[ , i i I I ,i I I r I EUGENE ROSELLI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW GLACE BUSER and C.G. BUSER & SON, INC., Defendants NO. 9B-6556 CIVIL TERM JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following Reply to the Defendants' New Matter: 13. Admitted. 14. Denied. Defendants accepted the new rent, paid it, and remained in the premises for several months, thereby accepting Plaintiff's offer to continue the lease at the higher rent. 15. Denied. Defendants did not notify Anthony Roselli, or Plaintiff, of its intention to vacate the property prior to their doing so. i 6. It is admitted that the Defendants vacated the property but it is not known the exact date on which they did so, because they did not provide notice to Plaintiff or have effective communication with Plaintiff about their vacation of the property. 17, Denied. Five Hundred ($500.00) Dollars per month is a fair market value for the space occupied by the Defendants in 1997, 18. It is denied that the property is in a state of dilapidation. It is admittod that, alter Defendants vacated tho property and Plaintiff took possossion of it, Plaintiff found " , Ii many damages to the property that needed repaired. Those damages included the items Ii I! listed in sub. paragraphs (a) through (f) of Paragraph 18 of Defendants' New Matter. !i However, Defendants themselves caused the damage to the property described in their I, 'I II II [I II II II I New Matter and never reported such damages to Plaintiff during Defendants' occupancy of the building. 19. Denied. At the time that the Defendants took possession of the property it was in a good state of repair and the damages described in Paragraph 18 of Defendants' New Matter did not exist. 20. Denied. Plaintiff did not permit the building to remain open or unlocked as I, soon as Plaintiff was aware that Defendants had vacated the property. Plaintiff took I I reasonable measures to secure the property at all times and it was only unsecured as a result of negligence or misconduct by Defendants. 21. Denied. To the best of Plaintiff's knowledge, the flooring in the property was not made of material which contained asbestos. 22. Denied. The interior paint of the property was in good condition at the time that Defendants took possession of the property. Plaintiff timely made all repairs requested by Defendants during their occupancy of the property and always responded to complaints or reports of problems made by Defendants, 2 II I I I i I I I 23. Denied. The property was not infested with cockronches prior to Defendants' I I , occupancy of the property. Plaintill is not awaro that tho property was infestod with cockroaches during Defendants' occupancy but states that Defendants never made complaint of such problem during the time that Defendants occupied the property. 24. Denied. Defendants never complained about any of the items described in Defendants' New Matter. Plaintiff denies that Plaintiff neglected the property and states that the present condition of the property is a direct result of Defendants' misuse of it and failure to maintain the interior space of the property. 25. Denied. This is a commercial premises and there is no duty to make it habitable. Plaintiff denies that the property was not habitable and states that, to the extent that the property was damaged or required repair, all of those damages and all needs for repair were caused by Defendants and their occupancy of the property, Plaintiff further states that Defendants never made complaint about the condition of the property and never requested repairs of the items about which Defendants now complain. 26. Plaintiff admits that he made no effort to lease the property after Defendants vacated it, because the property was contaminated by hazardous substances placed or left there by Defendants and it was not, therefore, a safe place for human beings to work. 27. Denied. Plaintiff has taken all reasonable steps necessary to mitigate his damages and to correct the problem caused by Defendants' contamination of the premises as promptly as possible. , ~ . ;.' " '\ . ,\ I r .Ii :1 II [I I, il I !I , " ;i I! I' Ii Matter because they state a conclusion of law. To the extent that a factual answer is i I II II I 2B. No answer is roquircd to the statements in Paragraph 28 of Defendants' New required, Plaintiff denies the averment and states that his complaint does state a claim on which relief can be granted, 29. No answer is required to the statements in Paragraph 29 of Defendants' New Matter because they state a conclusion of law. To the extent that a factual answer is required, Plaintiff denies the averment that his complaint is barred by the doctrine of justification. 30. No answer is required to the statements in Paragraph 29 of Defendants' New Matter because they state a conclusion of law. To the extent that a factual answer is required, Plaintiff denies the averment that Plaintiff's claim is barred by the statute of limitations. WHEREFORE, Plaintiff demands judgment against Defendants in accordance with Plaintiff's Amended Complaint. ~fUD0 Samuel L, Ande Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 4 i II It iI !I Ii I' ,I 1! !: Ii " I, , Ii :r II COMMONWEALTH OF PENNSYLVANIA II II I, II I I COUNTY OF CUMBERLAND ) ) 55.: ) ANTHONY F. ROSELLI, who identified himself as the Attorney-in-Fact for Eugene . !' Roselli, the Plaintiff herein. verified that he is familiar with the facts in this matter and the averments set forth in the foregoing document are true and correct to the best of his knowledge. information. and belief. '~&44 A :~ , I Sworn to and subscribed before me this /S /<. Day of .J"wl-'-( . 1999. -' " I'f-'_ E2Vh,Jd! Notary Public ''film ~ARIAl'SEAL' - ~nRENFELO. ~Dlary p, , , . ~."'~oyne , 8~ro. Cumberland C~~~lc L'::':;':Lon~:ISS!~_ExPlrcs AU9.17,2080 5 V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVNIA 98.6556 CIVIL TERM EUGENE ROSELLI GLACE BUSER & C.G, BUSER & SON IN RE: ARBITRATION ORDER OF COURT By the Court, AND NOW, July 9, 2001, the Court having been informed that the above case has settled, the Board of Arbitrators previously appointed is hereby vacated, The Chairman, William Addams, Esquire, shall be paid the sum of $50.00. t , f ,~ r' P.J. William Addams, Esquire,Chairman 1 . .,.... (.b-/Y /Hl(4-#..I_L~ '7./I-N Court Administrator /1'. l , , " " ~,' f;"