HomeMy WebLinkAbout01-06983
ROBERT E. DIEHL,
Plaintiff
13 & 14
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania
corporation, and JOHN D.
RESCINITI t/d/b/a
SENATE GLASS & ALUMINUM
CO. ,
Defendants
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NO. 03-0568 CIVIL TEPM?irf ~ ''''3
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CUMBERLAND COUNTY, PEN~~~VANIA ". !j~{;
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CIVIL ACTION - LAW =-} Ul :9.:
ROBERT E. DIEHL,
Plaintiff
v.
BALDWIN COMPANY, t/d/b/a
E.G. BALDWIN & ASSOCIATES,:
Defendant NO. 01-6983 CIVIL TEPM V
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held Wednesday,
August 20, 2003, before the Honorable Edward E. Guido, Judge.
Present for the Plaintiff was George B. Faller, Jr., Esquire,
and present for the Defendants was Gregory H. Knight,
Esquire.
This is a dispute on a commercial lease that
involves a very narrow issue. The parties have agreed that
this matter may proceed nonjury. Therefore, we have
scheduled a bench trial for Friday, October 17, 2003, at
8:30 a.m.
The parties are directed to exchange all
exhibits by October 1, 2003. Any objection to exhibits,
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other than to relevancy, must be made in the form of a motion
in limine. All motions in limine, with supporting authority,
shall be filed by October 8, 2003. Any responses, with
supporting authority, shall be filed by October 15, 2003.
The parties are directed to have all exhibits
pre-marked at the time of trial.
The parties have indicated that they will be
pursuing a mediation. Prospects of settlement are fair to
middling.
By
Edward E. Guido, J.
George B. Faller, Jr., Esquire
For the Plaintiff
Gregory H. Knight, Esquire
For the Defendants
Court Administrator
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ROBERT E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania
corporation, and JOHN D.
RESCINITI t/d/b/a
SENATE GLASS & ALUMINUM
CO. ,
Defendants
NO. 03-0568 CIVIL TERM
ROBERT E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
BALDWIN COMPANY, t/d/b/a
E.G. BALDWIN & ASSOCIATES,:
Defendant NO. 01-6983 CIVIL TERM v
ORDER OF COURT
AND NOW, this 20th day of August, 2003, by
agreement of the parties, these matters are consolidated.
By the Court,
E. Guido, J.
George B. Faller, Jr., Esquire
For the Plaintiff
Gregory H. Knight, Esquire
For the Defendants
Court Administrator
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F:\FU-ES\DA T AFILE\Diehl\Documents\S436-89. ptmllajt
Created: 10/16/0111:56:33AM
Revised: 08/19f0310:40:43AM
5436.89
ROBERT E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 01-6983
BALDWIN COMPANY, t/d/b/a,
E.G, BALDWIN & ASSOCIATES,
Defendaut
JURY TRIAL DEMANDED
PRETRIAL MEMORANDUM
AND NOW, comes Plaintiff Robert E. Diehl and submits the following Pre-Trial Memoraudum:
1. FACTS ON LIABILITY:
Plaintiffleased premises (Unit F) to Defendaut Baldwin Compauyunder a commercial
lease agreement, with a term of three years. At the expiration of the three-year term, Defendaut did
not leave the premises. Defendaut subleased the premises to Defendaut Senate Glass ("subtenaut")
on or about February 2000. At the expirations of the three-year lease term, subtenant did not vacate
the premises. Defendaut did not remove its equipment aud its subtenant from the premises.
2. FACTS AS TO DAMAGES:
Pursuaut to the express terms of the lease agreement, Defendant( s) failure to vacate the
premises automatically renewed the lease for auotherthree-year term, at a monthly rental of$l ,567.67,
for a total of$56,400.12 of rent owed. Defendaut Baldwin is also responsible for paying a percentage
of service aud maintenauce charges aud for repairing all damage cause to the premises that exceed
ordinary wear aud tear. Defendaut audlor its subtenaut caused substautial damage to the premises
during the term of the lease; the estimate to repair the damage is $20,649.04. Plaintiff is entitled to
damages for three years rent, repairs aud accrued maintenauce aud services charges.
3. PRINCIPLE ISSUES OF LIABILITY AND DAMAGES:
I. Whether Defendaut Baldwin breached the lease by failing to vacate the
prermses;
2. whether the actions of subtenaut Senate Glass will be imputed to Baldwin;
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3. whether Plaintiff is entitled to rental income for au additional three-year term
due to Defendaut( s) failure to vacate the premises;
4. whether the damages to Plaintiff s premises exceeded ordinary wear aud tear;
5. whether Defendaut aud/or its subtenaut are responsible for paying a percentage
of various service aud maintenauce charges under the lease agreement.
4. SUMMARY OF LEGAL ISSUES:
Under Pennsylvania Law, where a tenaut has au option to renew and remains in
possession after expiration of a lease, a laudlord may assume that the tenaut has exercised that option
regardless of the tenaut's actual intent. Cusamano v. Anthonv M. DiInda. Inc., 281 Pa. Supra. 8,
421 A.2d 1120, 1124 (1980). Moreover, it is well settled that a nonbreaching laudlord whose tenaut
has abaudoned the property aud violation of the lease has no affirmative duty to mitigate damages by
attempting to relet the premises. Stonehedl!e Square Limited PartnershiD v. Movie Merchants.
Inc., 552 Pa. 412, 715 A.2d 1082 (1998). Where a tenaut remains in possession after the expiration
of his term without having made auy new arraugements with his laudlord, he is bOlmd according to
the obligation inthe preceding lease. Fidelitv Trust Company v. Lee, 38 Pa. Supra. 330, 1909 Pa.
Supra. Lexis 135 (1908).
5. IDENTITY OF WITNESSES:
Plaintiff Robert Diehl aud his wife, Naucy Diehl;
Defendaut John Resciniti as on cross-examination;
David Maldonado of Eichelberger Construction to testify regarding repair estimates.
6. LIST OF EXHIBITS:
Lease Agreement;
Photographs of damage to premises;
Photographs of Defendaut Baldwin's equipment left at the premises;
Repair estimates.
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7. STATUS OF SETTLEMENT NEGOTIATIONS:
Defendaut has offered $15,000. Plaintiff has rejected that offer.
MART
Date: August 19,2003
By
George B. Faller, Jr., Esquire
1. D. Number 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
I, Ami J. Thurruna, au authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy ofthe foregoing Pre-Trial Memoraudum was served this date by depositing same
in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Gregory H. Knight, Esquire
HANFT & KNIGHT, P .C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
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Ami J. Th~a
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: August 19, 2003
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ROBERT E. DIEHL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BALDWIN COMPANY tJd/b/a
E. G. BALDWIN & ASSOCIATES,
Defendaut
: NO. 01-6983 CIVIL TERM
PRETRIAL MEMORANDUM
AND NOW, pursuaut to Local Rule 212-4 of the Cumberlaud County Rules of Court,
Defendaut Baldwin Compauy submits its Pretrial Memoraudum as follows:
1. FACTS ON LIABILITY: A year before its second three year lease expired,
Baldwin ceased operations aud moved everything but two pieces of equipment that were left as trash
from Suite F which it leased from the Plaintiff. Minimum damage beyond fair wear aud tear
occurred during the 5 years Baldwin leased Suite F.
2. FACTS AS TO DAMAGES: Baldwin had moved from the premises by the time the
lease expired in early March 2001.
3. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: The principal issues are
whether there had been a surrender or vacating of the premises on or before the end of the lease aud
to which damages to the Plaintiffs premises exceeded fair wear aud tear.
4. LEGAL ISSUES REGARDING TESTIMONY EXIllBITS: None.
5. IDENTIFY OF WITNESSES: Baldwin has been sold to auother Compauy.
Therefore there are no Baldwin employees available but the new compauy is locating former
Baldwin employees to testify at trial; Plaintiff as on cross-examination; aud employees of Senate
Glass aud Aluminum Compauy
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6. LIST OF EXHIBITS: Lease; pictures; aud estimate for repair.
7. STATUS OF SETTLEMENT NEGOTIATIONS: Baldwin offered $15,000, twice
its estimate for cost ofrepairs beyond fair wear aud tear, in a letter dated October 10, 2002. The
Plaintiff has made no response.
Respectfully submitted,
HANFT & KNIGHT, P.C.
G~'^l fl. '~!.-I-
Gregory H. Knight
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, P A 17013
(717) 249-5373
Attorney for Defendauts
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ROBERT E. DIEHL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BALDWIN COMPANY t/d/b/a
E. G. BALDWIN & ASSOCIATES,
Defendaut
: NO. 01-6983 CIVIL TERM
CERTIFICATE OF SERVICE
B-
AND NOW, this I ~ day of August, 2003, I, Gregory H. Knight" Esquire, hereby certify
that I have this day served the following person with a copy of the Pretrial Memoraudum, by first
class, United States Mail, postage pre-paid, addressed as follows:
George B. Faller, Jr., Esquire
MARTS ON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
Attorney for Plaintiff
HANFT & KNIGHT, P.C.
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Attorney ill No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorney for Defendauts '
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ROBERT E. DIEHL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BALDWIN COMPANY tJdIb/a
E. G. BALDWIN & ASSOCIATES,
Defendaut
: NO. 01-6983 CIVIL TERM
"
PRETRIAL MEMORANDUM
AND NOW, pursuaut to Local Rule 212-4 of the Cumberlaud County Rules of Court,
Defendaut Baldwin Compauy submits its Pretrial Memoraudum as follows:
1. FACTS ON LIABILITY: A year before its second three year lease expired,
Baldwin ceased operations aud moved everything but two pieces of equipment that were left as trash
from Suite F which it leased from the Plaintiff. Minimum damage beyond fair wear aud tear
occurred during the 5 years Baldwin leased Suite F.
2. FACTS AS TO DAMAGES: Baldwin had moved from the premises by the time the
lease expired in early March 200 I.
.
3. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: The principal issues are
whether there had been a surrender or vacating ofthe premises on or before the end of the lease aud
to which damages to the Plaintiff's premises exceeded fair wear aud tear.
4. LEGAL ISSUES REGARDING TESTIMONY EXHIBITS: None.
5. IDENTIFY OF WITNESSES: Baldwin has been sold to another Company,
Therefore there are no Baldwin employees available but the new compauy is locating former
Baldwin employees to testifY at trial; Plaintiff as on cross-examination; aud employees of Senate
Glass aud Aluminum Compauy
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6. LIST OF EXHIBITS: Lease; pictures; aud estimate for repair.
7. STATUS OF SETTLEMENT NEGOTIATIONS: Baldwin offered $15,000, twice
iits estimate for cost of repairs beyond fair wear aud tear, in a letter dated October 10, 2002. The
Plaintiff has maae no response.
Respectfully submitted,
HANFT & KNIGHT, P.C,
G"'Y^l fl. \~W
Gregory H. Knight
Attorney LD. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendants
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ROBERT E. DIEHL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BALDWIN COMPANY tldIb/a
E. G. BALDWIN & ASSOCIATES,
" Defendant
: NO. 01-6983 CIVIL TERM
CERTIFICATE OF SERVICE
lit-
AND NOW, this I ~ day of August, 2003, 1, Gregory H. Knight" Esquire, hereby certify
that I have this day served the following person with a copy of the Pretrial Memoraudum, by first
class, United States Mail, postage pre-paid, addressed as follows:
George B. Faller, Jr., Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
Attorney for Plaintiff
HANFT & KNIGHT, P.C.
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Attorney ill No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorney for Defendauts '
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F:\FILES\DA T AFILE'iOffiHL.DOC\5436-89.comJdrg
. Created: lo/16fOl11:56:33AM
Revised: 11l2l/otl1:10:13AM
5436.89
"
ROBERT E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW '-
NO. 01- 1,,9j5J C"o: L ,~
BALDWIN COMPANY, t/d/b/a,
E.G. BALDWIN & ASSOCIATES,
Defendaut
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 aud Notice are
served, by entering a written appearauce personally or by attorney aud 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 aud a judgment may be entered against you by the court
without further notice for auy money claimed in the Complaint or for auy other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights importaut to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lFYOUDONOT
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:
Cumberlaud County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
By ,
George B. Faller, Jr., Esquire
Attorney I.D. No. 49813
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
Date: ~ 1'J" 'O..O~I
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ROBERT E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 01- f&.9rR.3 CI~)'LC ~~
BALDWIN COMPANY, t/d/b/a,
E.G. BALDWIN & ASSOCIATES,
Defendaut
COMPLAINT
1. Plaintiff, Robert E. Diehl is au adult individual with a place of business located at 500 Redco
Drive, Enola, Pennsylvania.
2. Defendaut, Baldwin Compauy, t/d/b/a E.G. Baldwin & Associates, is au Ohio corporation
with its principle place of business located at 1441 East 17th Street, Clevelaud, Ohio.
3. On or about February 13, 1995, Plaintiffleased the premises located at Suite 106, (unit F) 17
Brennemau Circle, Mechauicsburg, Pennsylvania, (hereinafter the "Premises"), to Defendaut under
a commercial lease agreement, (hereinafter the "Lease"). A copy of the Lease is attached as Exhibit
"A" aud incorporated herein by reference.
4. The Lease provided for a term of three years, at a monthly rental of $1,566.67, payable in
advauce on the first day of every month.
5. Defendaut entered into possession of the leased Premises on or about March 1, 1995 in
accordauce with the terms of the Lease.
6. At the expiration of the three year term, Defendaut did not remove itself from the Premises.
7. Pursuaut to paragraph five of the Lease, Defendaut's failure to remove itself from the
Premises renewed the lease for auother three year term, beginning on or about March 1, 1998, at a
monthly rental of$I,5667.67, payable in advauce on the first day of every month.
8. Defendaut subleased the Premises to Senate Glass, (hereinafter "Subtenaut"), on a date
unknown to Plaintiff, but which Plaintiff believes, aud therefore avers, to have been on or about
February 2000.
9. At the expiration of the second three year term, Defendaut's Subtenaut did not remove itself
from the Premises.
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10. On or about February 2001, Plaintiff demauded Defendaut aud Defendaut's Subtenaut to
relinquish possession of the Premises aud to remove all equipment from the Premises.
11. Defendaut refused, aud continues to refuse, to remove its equipment aud its Subtenaut from
the Premises.
12. Defendaut's failure to vacate the premises, surrender the premises, aud/or remove its
equipment aud/or that of its Subtenaut, breached the terms of the Lease.
13. Plaintiff has performed all conditions precedent under the Lease.
14. Neither Defendaut nor its Subtenaut has paid rent since February 2001.
15. Because Defendaut failed to properly vacate aud or surrender the Premises, the Lease was
subject to au automatic three year renewal pursuaut to paragraph four of the Lease. Defendaut
therefore owes the balauce of the rent until the end of the third three year term.
16. Pursuaut to the Lease, Defendaut is responsible for paying a percentage of various service aud
maintenauce charges, which include the following: goverrunental or municipal taxes, insurauce, snow
removal, lawn maintenauce aud laudscaping, exterior mailitenauce of the building aud grounds,
electricity, aud several miscellaueous charges.
17. Defendaut's aud/or its Subtenaut's monthly service aud maintenance charges are
approximately $212.18.
18. Neither Defendaut nor its Subtenaut has paid service aud maintenauce charges since July
2000.
19. Plaintiff has repeatedly demauded payment of service aud maintenauce charges.
20. Defendaut aud its Subtenaut have failed aud refused to pay said service aud maintenauce
charges.
21. By failing to pay service aud maintenauce charges, Defendaut aud its Subtenaut breached the
terms of the Lease.
22. Pursuaut to paragraph fifteen of the Lease, Defendaut agreed to repair all damage caused by
Defendaut to the Premises not associated with ordinary wear aud tear.
23. Defendaut aud/or its Subtenaut damaged the Premises during the term of the Lease.
24. Plaintiff requested Defendaut aud/or its Subtenaut to repair the Premises to substautially the
same condition in which the Premises were leased to Defendaut.
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25. Defendaut aud its Subtenaut have failed aud refused to repair the Premises as required under
the provisions of the Lease.
26. By failing to make said repairs, Defendaut aud its Subtenaut breached the terms of the Lease,
including but not limited to paragraph fifteen.
27. Plaintiff believes aud avers that the fair aud reasonable cost of making the said repairs
described above is $20,649.04, as shown more particularly by the estimates aud bills attached as
Exhibit "B."
28. Defendaut did pay Plaintiff a $1,400 security deposit at the inception of 1he Lease.
29. Plaintiff has made demaud upon Defendaut for payment, but Defendaut and Subtenaut still
refuse to pay the same or auy part thereof.
WHEREFORE, Plaintiff demauds judgment against Defendaut as follows:
(A) in the amount of $56,400.12 for rent for the third three year term plus interest.
(B) in the amount of$20,649 .04 forrepairs less the $1400 security deposit or $19,249.04;
(C) in the amount of $2,970.52 for maintenauce aud service (CAM charges) from July
2000, which will continue to accrue at $212.18 each month following the date of this
Complaint;
(D) costs for this action aud attorneys' fees;
(E) auy other relief this Court deems just aud proper.
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By Gf!:~. ~2fP
Attorney LD. No. 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
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Robert E Dieh/
500 Redco Drive, Eno/a, PA 17025
Redco 766-2995
Mobile 574-0500
COMMERCIAL LEASE
THIS AGREEMENT of Lease made this /3 day of hJJ /9Cj6--
A.O.199!S Between Robert E. Diebl-ot 500 REDCO Drive, Enola,
PA 17025 (717-7&&-2995) Lessor and .,~"1. CO~ of 210 Elmwood
Avenue, Sbaron PA. 19079. (215-586-0782 or 1.800 342-9729)
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 the premises situate in the County of Clnnberland
and State of PA'described as follows, to wit:
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 HAVE AND TO HOLD UNTO THE LESSEE, subject to the
conditions of this agreement, for the term beginning on the
first day of March, 1995 and ending on the Last day of
February, 1998. qqt-z.tI<'-9''J.-o01 .
IN CONSIDERATION OF WHICH the sftid Lessee agrees that
they will pay to the Lessor for the use of said premises, the
sum of Eighteen Tbousand Eigbt Hundred Dollars ($18.800) per
year payable as followS1 viz, in monthly installments of
Fifteen Hundred sixty six Dollars and Sixty Seven Cents
($1,5&&.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 committed1 and at the end of the said
term the demised premises shall be delivered in as gQod
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 remov~ or
att7mpt,to remove from the premises hereby leased befbre the
exp~r~t~on of the ~erm or at.any time during the continuance
of th1S lease, or 1f the Lessee shall be in default in the
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payment of any installment of rent for the period of ten
days or should there be a default in the conditions as
hereln 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 otberwise.
4. At the expiration of the term, to the extent Lesisee 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
treated as additional rent due and owing under the terms of
the lease.
5. 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 carryon any unlawful or immoral
business in or about the demised premises, and shall not
carryon 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. .T~e Lessee a~rees to keep the premises in a good
cond1t1on of repa1r. All refuse of anv kind shall be removed
from the cremises at the cost of the Lesseeat leastonce a
week m;: more often. .il necessarY. All snow shall be cleaned
off from the sidewalks and steps before it shall be frozen
and hardened. Should the Lessee fail to comply w~th the
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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 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
thEm in charge of 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 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 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 t~e 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 ~es~or shall have the right to take possession of the
prem1ses 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.
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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
Le~sees, and all who come into possession during the term or
continuance of tPis 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
possessionelll with clause of fLfa. 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 iasue 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 hoqrs 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. All dalllages 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
~aid repairs upon five days notice to him by the Lessor, and
1f he shall neglect to make said repairs or commence to make
t~e sam7 promptly or within ten days after said notice as
g1ven h1m, 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 fo~lowing the date of said repairs, and if the said
expense 1$ 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.
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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 ke~t or maintained
by the tenant on the reservation or sidewalk 1n 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 first part, his agent:s,
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,
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 p1pes, sewers, basins, water-closets and drains.
20. It is expressly understood by the parties that the whole
agr7emen~ is 7mbodied in this agreement and that no part
or 1tem 1S om1tted.
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21. The Lessee does hereby waive any and all demands for
payment of the rent herein provided for, ei~er on the,day
due or on any other day, either on the land J.tself or J.n any
other place, and agrees that such demand shall ~ot b~ a
condition ot re-entry or of recovery of possessJ.on wJ.thout
legal process or by means of any action or proceedings
whatsoever.
~ Rents are to be delivered to Lessor's office by the 1st
ral'each month. It is agreed that t~ere 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 last month shall be 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 carryon any activity to
cause Lessors insurance to increase Lessee shall pay such
cost.
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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 Subroqation on the certificate.
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
mainte~ance 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 proyide all additional lighting, receptacles and
or heat,except as may exist, in the warehouse area at their
expense.
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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.
3~. Lessee is hereby notified that the Heat and Electricity
to the unit F2 above, occupied by REDCO REALTY, is h~oked 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 height to as near to 48 inches
as is practical per site conditions.
36. Lease buyout: Lessee may buyout Lease with 12 months
(~onthly rental payments) penalty during the first year,
w~th 6 months penalty during the second year and 3. months
pel!alty during the third year,;;,ita J OllleRtasl'le'liisc <1...rhlq LI,,,,
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124 West ChurchStreel, P.O. Box 459. Dmsburg; PA 17019:.0459 . PHone: (717) 432~()864
. Main Office Pax: (717)432~0945,' Communicalio~s DCptFnx: (7i7) 432-0894
". PROPOSAL
JWle 21, 2001 .
Robert E, Diebi
Redeo'
500 R.edcoDrlve
Enola, l'A 17025 . ~'" , '. . .
RE: Luie Item Pricing fO,r R.1!Jtl.&"lilions 10 Unit F, 17 Brenneman Circle
, $800.00
$265.00 .
$195.00
$160.00
$115;00
$180.00 .
.$ 95.00
$435'.00 '
$530.00
Coordmatio~setup ..'...'.', , ..,..., .
" Remove and replli:ce approximately 96 sqUllre feet of acid residue lUld spot
. damaged v....chywall 011. walls in toilet area, lal'~d, finished and made ready for
paint.......:, .
Patch miscellaneous flII!lIil hol~ oil wailS, made ready for paint
Clean walls aild ~ejJjng'lo'fetum to 'acceptable cleanliness .
Remove arid repIaoe lo.d2maged ceiling tile .', ' '
Supply professional cleaniiig '10' soiled IIlId spot stained oatpet
Re11).Ove I door end reinstall at original location . '
Remove utility s~nk' and replace with ail American Srnndard wall hUll,g sink, 1.
. Including faneet, reqnired plumbing and shut olfvalves
Remove exJstirig chemically stained toilet IIlId replace with new noor mOllllted
American Standl>rd toilet indnding required plUmbing tind shllt off valves
, '
Otrioe I Mechanical Aiea:
. ..',
, , Patch niiscellan~~us small holes On walls; made ready for pauit
Clean walls an4 l~eiIing to return to acceptable cleanJines~ '
Rein<ive and replace IlHlamagedceiling tile
. Supply prflfessional cleaning'to sojled and spot stained carpet ,
, . Remove exisiiDg chemically stained walllllOUIltcd .sink am1 tcplaca.with,llll.
. , . AmenCaIl S\alJllar~ wall mOtp)ted sink including fuuc!ll, ~uired plumbing .
andshutoffv21ves . '. , , .
Remove existing chemically stained toilet and replace With new floor mllwlted, .
Ameri01lll Standl.rd toilet including required plumbing aDd ahllt off valves "
Check waler hea!er.1o insure good working condition and. provide :minor ' . '
preventative niailltenance ' .
$1,75.99. . . Provide cl1eck up, cleaning and prevelltative maintenance ou fUl'tl8ce
$195,00
$160,00
$175.00
$180.00
$450.00
$530.0Q
$175.00
'.~~r,1;~ftt~
Website: www.eciconstruction.com . E"mail: ecl@eciconstruction.cclTl
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$325,00 Pro~ide misceimueOll; electrical repahS '\0 bioken I damaged ou~ets ~
receptacles '
$ 75.00 Clean out d\lsYdebris in mechanical room
$315.00, Replace pivot hinge 'at front door
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$775.00
Warehouse Office Area:
, I
Remove and reJ:,laoe appro,pmately,280 square feet of damaged W' drlrfall on '
, wal\$, taped, finished and milde ready t'Or paint !'
Remove.and repbce 10-dainaged ceiling tile, :'
Supply pr<if~siona1 ooncrete floor oleaning of ohetnioalst1lins
~emoveand dispose of,existing c01llltertop !
R~ve and dispose of CJ!;lsting 'exha1l$t'hood and related ductwork ' I '
Remove.and dispO$e of existing shelving and patoh walls ~coordingly t~ make
reildyforpaint .. , ' : " " ,,'
Close up ellt in doorway and install drywa!\ finisbed and _de ready fo paint
Ptovide mis,cellaneous electrioal repairs to ollllelS and receptacles
Insta11 I Window ,and jamb'materials where closed off at c01llltertcp are to
match origJna1.and install 2 windows and jamb materials where a ,doo ~y was cut in I"
match original. 'windows provided by owner
Reniove, and repbce approxinlately 60 square feet of dllniaged %" tlln c and
, groove plywood above office '
Warehouse Area:
, $175.00,
$225.00
$185.00
$295.00
$245,00
" $505,00
$325.00
$390.00
$495.00
, $475.00
$5,475,00
$305.00
$375.00
: $325.00
$125.00
$445.00.
.
$150.00
$565.00
$275.00
$485,00
$665.00
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JUN-21-2001 THU 1?'?O PM
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7174320894
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All material is guaninteed to be as' Speoif"lCd. All' work to, be Completed in a workjnan Eke "",lmer
accordiJlg 10 sttu>wd practioes. .Any..alterations or deviat;ion from above specifieatio$ 'involving ."jm
costs will be exet:uted only UP,OII wri*,n orders, and will betonie an extra charge ov~r an~ ,above 0;,,[
control. ~er to carty fife, tol'1ado, and olher necessary'insurance. Our workers are! ftilly oov,,"ed hy
Workmen's Compensation I,m<Ul1UlCio. '
Allthorized
Signature ~ 1!' :;d't'r.;)' V.t-..-"'L~~':~II:: - ..~
, ',' David V Maldonado-Estimato..,.Ser'l'ice
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Date 6/21101
ACCEPTANCE OF PROPOSAL - Theprioes, specifICations lIIId eondi'tioi;S;;re sa*sfaetor:{c..~\ida:=';
, hereby acoepted. Y 011 are allthorl.'led ,to do 'the work as specified:,' Payment will be made lis olltlin,,;: r,be-ve.
, Signature '
Date
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VERIFICATION
I, Robert E. Diehl, acknowledge my authority to execute this Verification aud certify that the
foregoing Complaint is based upon information which has been gathered by my counsel in the
preparation of the lawsuit. The lauguage of this Complaint is that of counsel aud not my own. I have
read the document aud to the extent that the Complaint is based upon information which I have given
to my counsel, it is true aud correct to the best of my knowledge, information aud 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 aud Verification are made subject to the penalties of 18 Pa. e.s. S 4904 relating
to unsworn falsification to authorities, which provides that if! knowingly make false averments, I may
be subject to criminal penalties.
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AECEIVEG
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F:\FrLES\DATAFILE\DIEHL.DOC\5436-89.praldrg
Created: 10/16/01 1l:56:33 AM
Revi~ed: 01/09/0201:32:38 PM
5436.89
ROBERT E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION - LAW
NO. 01- 6983
BALDWIN COMPANY, t/dIb/a,
E.G. BALDWIN & ASSOCIATES,
Defendaut
PRAECIPE
TO THE CUMBERLAND COUNTY PROTHONOTARY:
You are hereby directed to file the attached Proof of Service, via certified mail, indicating
service on DefendautBaldwin Compauy, t/dIb/aE.G. Baldwin & Associates on December 19, 2001.
MARTS ON DEARDORFF WILLIAMS & OTTO
By
George B. Fal er, Jr.,
1. D. Number 49813
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiffs
Mr. Robert Diehl
Date: Jauuary 9,2002
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, .,~pieteiiems. < 2, anti 3. Also complete
_ 4 if Restrlcfed,-o,~livery ,is desired.
. 'prkit your name and adttress on the reverse
~ that we can return the cafa to you.
. ~lItach this card to the back of the mailpieee,
.Of ~n the front if space permits.
, 1. ArlIele Addressed te:
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D. Is delivery address d' m item 1?
if YES, enter delivery address below:
.Mr. Nicholas A. Piszko
!Vice President of Finance and
I Distr.!i.li>ption
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E;. G. BALDWIN & ASSOCIATES
1441 East 17th Street
c1-eveland, OB 44114
pe.gent
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3. Service Type
[Jl Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
.' 2. Miele Number (Copy from service label)
7000 0600 0027 7310 2960
Ps Form 3811, July 1999 Doh,estlc Return Receipt
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Mr. Nlcnolas A. plszko """" '~.'
-Street-~-tnNO:-O-"-P(YBox-No------------------------nnnnnn~------~_"nnn___
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CERTIFICATE OF SERVICE
I, Melinda A. Hall, au 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, P A, first class mail, postage prepaid, addressed as follows:
Greg Knight, Esquire
HANFT & KNIGHT, P.C.
19 Brookwood Ave., Suite 106
Carlisle, P A 17013
MARTSON DEARDORFF WILLIAMS & OTTO
BY{dJflJ~d~ t) ~lj
Melind A. Hall
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Jauuary 9, 2002
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ROBERT E. DIEHL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BALDWIN COMPANY t/dlb/a
E. G. BALDWIN & ASSOCIATES,
Defendaut
: NO. 01-6983 CIVIL TERM
ANSWER
AND NOW, comes the Defendaut, by aud through its Counsel of Record, Gregory H. Knight,
Esquire, to auswer the Complaint filed against it, in support of which the following statements are
made:
1.
2.
3.
4.
5.
6.
7.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Denied. Paragraph 7 is a conclusion of law to which no answer need be filed. In
addition, see auswers to Paragraphs 1 through 6 above.
8. Admitted aud Denied. Admitted that the premises were sublet to Senate Glass.
Denied that Plaintiff did not know of aud did not ratifY the sublease.
9. Denied. The Defendaut is without sufficient information to judge the truth or
accuracy of the allegations in Paragraph 9 aud therefore it is denied with strict proof demauded
'!t!jJjf,,);c'- ~',~ ~ "--:t'";,,~,!;,_'j'~",",, ,- .~,~ I", "-"""-""'~",J"',:l"':_-,," }:"i"-_T_7I!, 'o:t~','-''---_H''._',',_" ___,,~~~~,__o_,,_,,_,"_T ._,"
;
thereof at trial. In addition, the Defendaut believes that Senate Glass did remove itself from the
premises on or before March I, 2001, the expiration of the second three year term, aud that Plaintiff
discussed that fact with Senate Glass.
10. Denied. The Defendaut is without sufficient information to judge the truth or
accuracy of the allegation in Paragraph 10 as to Plaintiff s subtenaut aud therefore strict proof is
demauded thereof at trial. In addition, Paragraph 10 is a conclusion oflaw to which no auswer need
be filed.
II. Denied. See auswer to Paragraph 10 above.
12. Denied. See auswer to Paragraph 10 above. In addition, Paragraph 12 is a conclusion
of law to which no auswer need be filed.
13. Denied. Paragraph 13 is a conclusion of law to which no auswer need be filed. In
addition, Defendaut does not understaud the term "conditions precedent under the Lease."
14. Denied. The Defendaut is without sufficient information to judge the truth or
accuracy of the allegations in Paragraph 14 as to subtenaut aud therefore strict proof is demauded
thereof at trial. In addition, Paragraph 14 is a conclusion of law to which no auswer need be filed.
15. Denied. Paragraph 15 is a conclusion of law to which no auswer need be filed.
16. Admitted aud Denied. Admitted that the lease required the tenaut to be responsible
for various service aud maintenauce charges. Denied that Defendaut failed to pay all such charges
for which it was responsible.
17. Admitted that the monthly service aud maintenauce charges while Defendaut was a
tenaut at the premises was approximately $212.18.
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18. Admitted aud Denied. Admitted that Defendaut has not paid the service aud
maintenauce charges since it subleased the premises, which sublease was ratified by the Plaintiff.
19. Denied. Defendaut has paid all such charges for which it was liable aud has not
received auy further demauds since the date it sublet the premises.
20. Denied. Paragraph 20 is a conclusion of law to which no auswer need be filed. In
addition see auswers to Paragraphs 18 aud 19 above.
21. Denied. Paragraph 21 is a conclusion of law to which no auswer need be filed. In
addition, see auswer to Paragraphs I through 20 above.
22. Denied, The terms of Paragraph 15 are included in the Lease which is attached as au
exhibit to the Complaint. Denied that Paragraph 22 of the Complaint accurately states the terms of
Paragraph 15 of the lease aud Paragraph 22 is a conclusion oflaw to which no auswer need be filed.
23. Denied. Paragraph 23 is a conclusion of law to which no auswer need be filed. In
addition, see auswer to Paragraphs 1 through 22 above.
24. Denied. Paragraph 24 is a conclusion of law to which no auswer need be filed. In
addition see auswers to Paragraphs 1 through 23 above. Furthermore, the demaud by Plaintiffto
repair the premises were for damages not the responsibility of the Defendaut aud would have
constituted improvements to the leased premises.
25. Denied. Paragraph 25 is a conclusion of law to which no auswer need be filed. In
addition, see auswers to Paragraphs I through 24 above.
26. Denied. Paragraph 26 is a conclusion of law to which no auswer need be filed. In
addition, see auswers to Paragraphs I through 25 above.
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27. Denied. Paragraph 27 is a conclusion of law to which no auswer need be filed. In
addition, see auswers to Paragraphs 1 through 26 above. Furthermore denied that Exhibit B is a "fair
aud reasonable cost" of making repairs to the leased premises.
28. Admitted.
29. Denied. Paragraph 29 is a conclusion of law to which no auswer need be filed. In
addition, see auswers to Paragraphs 1 through 28 above.
WHEREFORE, Defendaut requests that the Court dismiss the Complaint filed by Plaintiff
aud that it award such other relief as it deems appropriate.
Respectfully submitted,
HANFT & KNIGHT, P.C.
~~~,~JC~~
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
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ROBERT E. DIEHL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BALDWIN COMPANY t/d/b/a
E. G. BALDWIN & ASSOCIATES,
Defendaut
: NO. 01-6983 CIVIL TERM
AFFIDAVIT OF VERIFICATION
Nicholas Piszko, Vice President of Finauce aud Distribution of E.G. Baldwin & ASSOCiates,
verifies that the facts set forth in the foregoing Answer are true aud correct to the best of his
knowledge, information aud belief, aud understauds that false statements herein are made subject
to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsifications to authorities.
fi1t-
Nichola(Pisz 0
DATE:
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ROBERT E. DIEHL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
BALDWIN COMPANY t/d/b/a
E. G. BALDWIN & ASSOCIATES,
Defendaut
: NO. 01-6983 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a true aud correct copy of the foregoing Answer to
the following at the address below:
Service by United States first class mail to:
George B. Faller, Jr., Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013
HANFT & KNIGHT, P.C.
Date: vt Jar' 2002
f":k~~ IC"'1Lr-
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewtitten and submitted in duplicate>
TO THE PROTH~NOTARY OF CUMBERLAND COUNTY
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Please list the following case:
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(Check one)
x
for JURY trial at the next term of civil court.
-------+
CAPTION OF C4SE
(entire caption "lust be stated in full)
for trial without a jury.
.
--......_.._._-_.._.._._-~.._.~....
(check one)
ROBERT E. DIE~L
(X
Assumpsit
Trespass
Trespass (Motor Vehicle)
(Plaintiff)
(othetl
vs.
BALDWIN COMP~t/d/b/a,
E.G. BALDWIN ~ ASSOCIATES,
The trial list will be called on August 12, 2003
and
Trials commence on S"pt"mn"r R 700',
(Oefendantl
PretrialS will be held on AlIg"Rt 20. 2003_,
IBriefs are due 5 days before premals.1
vs,
(The carty listing this case tor trial shall provIde
forthwith a copy of the ptaecipe to all counsel.
pursuant to local Rule 214-1,)
No.
6983
Civil
Term
mlX_:W.o1
Indicate the tttorney who will try case for the party who files this praecipe:
I
George ~. Faller, Jr., ESQuire
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Indicate triallcounsel for other parties If known:
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Greg K91ght, Esquire
This case 'is reaov for trial.
Signed: -a-'~-"'--
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;orlnt Name: George B. Faller. Jr.. ES(ll'.ire
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F: \FILES\DATAFILE\Diehl\Documenls\5436-89. pra21ajt
Created: 10f\6/0111:56:33AM
Revised: 01105/0404:09:35 PM
5436.89
ROBERT E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 01- 6983
BALDWIN COMPANY, Vd/b/a,
E.G. BALDWIN & ASSOCIATES,
Defendaut
PRAECIPE
TO THE CUMBERLAND COUNTY PROTHONOTARY:
Please mark the above captioned case settled aud discontinued.
ORFF WILLIAMS & OTTO
By
George B. Faller, Jr., Esquire
1. D. Number 49813
Ten East High Street
Carlisle,PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Mr. Robert DieW
Date: Jauuary 6,2004
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CERTIFICATE OF SERVICE
I, Ami J. Thunnna, au 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, P A, first class mail, postage prepaid, addressed as follows:
Greg Knight, Esquire
HANFT & KNIGHT, P.C.
19 Brookwood Ave., Suite 106
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
B~~~wU
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: Jauuary 6, 2004
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5436_89
ROBERT E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 01- 6983
BALDWIN COMPANY, t/d/b/a,
E,G. BALDWIN & ASSOCIATES,
Defendaut
PRAECIPE
TO THE CUMBERLAND COUNTY PROTHONOTARY:
Please mark the above captioned case settled aud discontinued.
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MARTS ON DEARDORFF WILLIAMS & OTTO
By ~~~L
George B. Faller, Jr., Esquire
1. D. Number49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Mr. Robert Diehl
Date: Jauuary 6,2004
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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, P A, 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
ByQi Q '~1IOU
, J.T~a
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: Jauuary 6,2004
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F':\FILES\DA T AFILE\Diehl\Documents\5436-89.pra3fajt
Created: 10116101 11:56:33 AM
Revised: 01105/04 04: lO:OOPM
5436.89
ROBERT E. DIEHL,
Plaintiff
v.
SENATE GLASS & ALUMINUM
COMP ANY, a Pennsylvauia corporation,
aud JOHN D. RESCINITI tJd/b/a
SENATE GLASS & ALUMINUM CO.,
Defendauts
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 aud discontinued.
Date: Jauuary 6,2004
,~. "
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MARTSON DEARDORFF WILLIAMS & OTTO
By ~~~
George B. Faller, Jr., Esq
1. D. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Mr. Robert Diehl
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certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Greg Knight, Esquire
HANFT & KNIGHT, P.C.
19 Brookwood Ave., Suite 106
Carlisle, P A 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By QM!{~. ~MA~
Ami J. Thu a
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: Jauuary 6,2004
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INFORMATION. ADVICE. ADVOCACY "
September 30, 2003
ATTO~YS: &, COUNSELLORS -AT, LAW
, Wiw""F..MARTSON
]OHNB. FOWLER III
EDWARD'L.-~CHORPP
DANIEL K DEARDOR'FF
THOMAS J. WILLIAMS *
Ivo 'l. OTTO III
GEORGE'B. FAiLERJIi.. *
CARl C. RISCH
DAVID R. 'GAJ.LOWAY
ANTHONY T. LUCIDO
*BOARD CERTIFIED CIVil, TRIAL SPECIAIlST
TEN EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243,3341
FACSIMILE (717)243-1850
INTERNET www.m:dwo.CQffi
The Honorable Edward Guido
One Courthouse Square
Carlisle,PA.l7013-3387
RE: RobertE. Diehl v.. Baldwin.compauy tJdJb/a, E.G. Baldwin &Associates
No. 6983-2001"Cllillberhmd County C.C.P. .
AND" ',,",,' ,
RobertE:,Diehlv. Senate Glass& All.lminum Compa:ny, a Pennsylvauia CQrPoration
audJohn D, Resciniti, t/dIb/a, Senate Glass & Aluminum Company
No. 568:2003;CumberlimdCounty C.C.P. '
Our File Number: 5436,89
Dear Judge Guido:
This will confirm my telephone conversation with Carl of your office on September 30,2003.
At that time, I spoke with Carl about the non-jury trial scheduled (or October 17,2003,' ,I had
previously mentionedthat Ihave an atta~lnllent for trial in LehighComitythatweek.Thepre~trial
conference was scheduled for October 1,' 2003.' , ,
At the time of my call toCarl, I had just spoken with GregI)night. 'After mediating this case,
we have a tentative settlement pending someissues regarding the ReleaSe. BotJiparties concmin
requestingthatthis case be removedfrom the,trial dateset for October 17,2003.
Very truly yours,
M~FWILLIAMS&OTTO
'GeOrgeB.Fall~f ' '
GBF/mai
cc: Robert and NaucyDiehl .
Gregory Knight, Esquire
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