HomeMy WebLinkAbout04-0651
,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No.04 - t.. S"I
c~~ ~l ~~">L
v.
CIVIL ACTION-LAW
R.J. SHULTZ ENTERPRISE, INC.,
and RICHARD 1. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
TO: R. J. SHULTZ ENTERPRISE, INC.
RICHARD J. SHULTZ., JR.
520 Gale Road
Carnp HilI, PA 1701 I
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
folIowing 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, PA 17013
(7 I 7) 249-3 I 66
800-990-9 I 08
AVISO
USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los
pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero recIamada en la demanda 0 cualquier
otra recIamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicionaI. U sted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. EST A
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
800-990-9108
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. ()J..l- l-~( C!,,(..>~C-T~
v.
CIVIL ACTION-LAW
R.J. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiffs Robert S. Lehman and Ketha M. Lehman, his wife, are adult
individuals with a current residence address of 1648 Trindle Road, Carlisle, Cumberland
County, Pennsylvania 17013.
2. Defendant RJ. Shultz Enterprise, Inc. is a corporation organized and
existing under the law of the State of Pennsylvania, with a principal place of business at
520 Gale Road, Camp Hill, Cumberland County, Pennsylvania.
3. Defendant Richard J. Shultz Jr. is, and was at all times herein mentioned,
the President of RJ. Shultz Enterprise, Inc. Mr. Shultz currently resides at 520 Gale
Road, Camp Hill, Cumberland County, Pennsylvania.
4. At all times herein mentioned, R.J. Shultz Enterprise, Inc. and/or
Defendant Richard J. Shultz, Jr. was the owner of premises situated at 100 Shady Lane,
Carlisle, Cumberland County, Pennsylvania, which premises were commonly known as
"The Village of Colonial Peddlers."
5. At all times herein mentioned, Richard J. Shultz, Jr. owned and operated
all but one of the shops containing gifts and collectibles. Defendants RJ. Shultz
Enterprise, Inc. and Richard J. Shultz, Jr. also leased residential and business space at 100
Shady Lane in Middlesex Township, Carlisle, Cumberland County, Pennsylvania.
6. On February 15,2003, Plaintiffs Robert S. Lehman and Ketha M. Lehman
entered into a Commercial Lease with Defendants wherein Plaintiffs leased a portion of
the premises at 100 Shady Lane, to be used as a restaurant. A true and correct copy of
the Commercial Lease is attached hereto as Exhibit "A" and incorporated herein by
reference.
7. The Commercial Lease provided for a two year term of occupancy,
beginning February 1,2003 and ending February 28, 2005, with an option to re-new the
lease for a five (5) year term thereafter.
8. At the time Plaintiffs signed the Commercial Lease, the demised premises
had been vacant since June, 2002, at which time the restaurant previously operated at that
location, Peddler's Courtyard Cafe, was shut down by the Pennsylvania Department of
Agriculture, Bureau of Food Safety and Laboratory Services due to sanitation issues.
9. In January, 2003, Plaintiffs contacted Wayne Deakin of Wolfe & Shearer,
regarding the potential purchase/lease of a property listed by that agency. Mr. Deakin
advised that the property was no longer available and instead, provided information
regarding the potential lease of premises within the Village of Colonial Peddlers.
10. On January 18,2003, Plaintiffs met with Wayne Deakin and Defendant
Richard J. Shultz at The Village of Colonial Peddlers. In addition to Plaintiffs, Mr.
2
Deacon and Defendant Schultz, R. Gary Sausser, another agent/employee of Wolfe &
Shearer, was also present at the meeting on January 18,2003.
11. Plaintiffs believe and therefore aver that at all times herein mentioned,
Wolfe & Shearer had been retained by Defendant as a "property manager" for The
Village of Colonial Peddlers, which duties included securing tenants for those premises.
12. On January 18,2003, during the meeting at The Village of Colonial
Peddlers, the parties and representatives from Wolfe & Shearer discussed the potential
lease of the premises previously operated as the "Peddlers Courtyard Cafe." At that time,
Defendant Shultz advised Plaintiffs that the Village shops had been located there for 32
years and they were "not going anywhere."
13. In reliance upon Defendant's representation that the Village of Colonial
Peddlers would remain in operation, Plaintiffs executed the Commercial Lease on
February 15,2003 and immediately took occupancy. The Commercial Lease was
prepared by Wolfe & Shearer. The lease provided for the rental of certain square footage
within the Village of Colonial Peddlers and also provided for the lease of some restaurant
equipment/inventory owned by Defendant Richard J. Shultz, Jr. and/or R.J. Shultz
Enterprise, Inc.
14. On February 15,2003, Plaintiffs began renovating the demised premises.
The renovations were performed with the knowledge, approval and consent of Defendant
Richard J. Shultz, who routinely stopped in to check on the progress of the renovations
and to insure that the work was of sufficient quality.
3
15. Pursuant to Paragraph 26 of the Lease, on February 21, 2003, Plaintiffs
submitted a "letter of interest" to rent additional dining room space in exchange for
increasing the monthly rental payment by fifty dollars per month.
16. Between February 15 and April 6, 2003, Plaintiffs completely re-modeled
the interior of the leased premises. The premises passed inspection by the Pennsylvania
Department of Agriculture, Bureau of Safety and Laboratory Services and Plaintiffs
opened the restaurant, Ketha's Kitchen and Coffee House, on April 7, 2003.
17. In June, 2003, Plaintiffs performed additional renovations to the premises,
including the installation of a divider wall, and purchased additional chairs to begin using
a portion of the premises for private parties and banquets. Plaintiffs also began booking
future dates for private parties.
18. The Commercial Lease was amended effective July 1,2003 to reflect a
change in the restaurant's hours of operation and Defendant's agreement to Plaintiffs'
lease of the additional space which was the subject of the "letter of interest" submitted in
February, 2003. In conjunction with the amendment, Plaintiffs increased their monthly
rental payment by $50.00, as required under Paragraph 26 ofthe Commercial Lease. A
true and correct copy of the amendment is attached hereto as Exhibit B and incorporated
herein by reference.
19. In July, 2003, Plaintiffs contacted Wayne Deakin at Wolfe & Shearer to
inquire as to a rumor they heard regarding the sale of Defendants' property, including the
demised premises, to Giant Foods. Plaintiffs were advised by Mr. Deakin that Giant was
interested in the surrounding property, but had no interest in purchasing The Village of
Colonial Peddlers.
4
20. On September 24,2003, Defendants provided Plaintiffs with a lease
termination letter wherein Plaintiffs were advised that Defendants had sold the real estate
at 100 Shady Lane and had ceased to operate the Village of Colonial Peddlers as of
September 24,2003. Plaintiffs were given sixty (60) days to vacate the property. A true
and correct copy of the lease termination letter is attached hereto as Exhibit C and
incorporated herein by reference.
21. In response to receiving the lease termination letter, Plaintiffs again
contacted Wayne Deakin at Wolfe & Shearer to inquire as to the reason for the
termination. Mr. Deakin advised that Defendants had sold the entire Village of Colonial
Peddlers Property to Giant Foods Stores, Inc. for $750,000.00. Plaintiffs were further
advised that they were not previously informed of the sale because a "confidentiality
letter" had been executed in conjunction with the negotiations/sale.
21. On September 25,2003, Defendants began to inventory property for a
liquidation sale. Part of the inventory sold by Defendants consisted of restaurant
equipment which had previously been repaired and rendered operational by Plaintiffs for
use at the restaurant.
22. Plaintiffs ceased operating the restaurant and vacated the premises
September 30, 2003.
23. Pursuant to Paragraph 32 of the lease, if Defendant/Lessor closed or
ceased to operate Colonial Peddler Village stores (which surrounded the demised
property), Defendant R J. Shultz Enterprise, Inc. was required to give Plaintiffs written
notice to vacate within sixty (60) days to void this lease.
5
24. The Commercial Lease contains no provisions regarding Plaintiffs
entitlement to damages, including the cost of renovations/improvements to the property,
in the event the premises were sold or Defendants closed or ceased to operate the
Colonial Peddler Village stores.
25. Plaintiffs believe and therefore aver, that Defendants had been engaged in
ongoing negotiations, through its agents at Wolfe & Shearer, with Giant Food Stores, Inc.
to sell The Village of Colonial Peddlers at or around the time Plaintiffs executed the
Commercial Lease, undertook renovations and executed the Amendment to the Lease.
26. Plaintiffs believe and therefore aver that Defendants desired to enter into a
number of Commercial Leases, such that no portions of the property were vacant, thereby
increasing the fair market value and potential purchase price to be paid by Giant Food
Stores.
27. Plaintiffs believe and therefore aver that Defendants, through Wolfe &
Shearer, had approached Giant Foods on several occasions prior to February 15,2003
with offers to sell the property, including the portion of the premises leased by Plaintiffs.
Plaintiffs further believe and therefore aver that Defendants re-approached Giant Food
with another offer of sale at or around the time Defendants were negotiating the
Commercial Lease with Plaintiffs, executed the Commercial Lease, commenced
renovations and opened the restaurant.
28. At no time prior to September 24,2003, did Defendants advise Plaintiffs
that they were negotiating the sale of the leased premises, despite Defendants knowledge
that Plaintiffs entered into the lease and performed substantial renovations based upon the
assurance that the occupancy would be long-term.
6
29. Plaintiffs believe and therefore aver, that they were fraudulently induced
to enter into the foregoing Commercial Lease through Defendants' representation that the
Colonial Peddler Village stores would continue to operate, as it had for the past 32 years,
thereby serving as an inducement for Plaintiffs to not only enter into the lease, but also to
expend substantial sums of money and a significant amount of time, renovating the
premises, prior to opening the new restaurant.
30. At the time Plaintiffs executed the Commercial Lease and made
significant improvements to the premises, they had a reasonable and good faith
expectation oflong-term occupancy, based upon (a) Defendants representation that the
demised premises and those surrounding it would remain intact, as they had for 32 years
prior (b) the Commercial Lease prepared by the Defendants provided for an initial term
of two years, with an option to re-new for an additional five years thereafter; (c)
Defendant Richard J. Shultz had actual knowledge of the improvements/renovations
Plaintiffs performed by virtue of his presence on the premises on multiple occasions
during the construction process; (d) Defendants in July, 2003, executed an amendment
to the original lease, which provided Plaintiffs with additional space, in exchange for
increased rent; ( e) Defendants at no time, prior to September 24, 2003, advised Plaintiffs
that they were negotiating the sale of the premises or that they had previously approached
Giant Food Stores (on several occasions) with a proposal to sell the property.
31. The work performed by Plaintiffs to the demised premises, constituted
significant improvements, in which Plaintiffs invested labor and capital to enhance the
value and utility of the premises.
7
32. In making the improvements, Plaintiffs as the new owners of the
restaurant, wanted to transform the property and give it a new appearance, since the old
restaurant had been shut down due to sanitation issues and the prior owners of the
restaurant vacated the premises immediately thereafter. Plaintiffs were concerned that if
substantial improvements were not made, the restaurant would not be profitable because
of its association with the restaurant previously operated at that location.
33. Plaintiffs believe that their execution of the Commercial Lease (for a
minimum term of two years) coupled with the improvements to the premises and the
subsequent operation of a successful restaurant at this location increased the market value
of the realty, thereby allowing Defendants to receive a higher purchase price from Giant
Foods, Inc.
COUNT I
BREACH OF CONTRACT
34. Paragraphs I through 33 of the Plaintiffs Complaint are herein
incorporated by reference as if fully set forth at length.
35. At all times herein mentioned, Plaintiffs fulfilled all obligations and duties
owed to Defendants under the terms of the Commercial Lease and its subsequent
amendment.
36. Defendants owed Plaintiffs a duty of good faith and fair dealing, which
duty is implied in every contract.
37. Defendants breached their duty of good faith and fair dealing by engaging
in the conduct set forth above.
38. Plaintiffs sustained damages as a result of the Defendants breach.
8
WHEREFORE, Plaintiffs Robert S. Lehman and Ketha M. Lehman, his wife,
respectfully request that judgment be entered in their favor, in an amount in excess ofthe
compulsory arbitration limit in Cumberland County, together with such other relief as the
Court deems appropriate.
COUNT II
UNJUST ENRICHMENT
39. Paragraphs I through 38 ofthe Plaintiffs Complaint are herein
incorporated by reference as iffully set forth at length.
40. As a result of Defendants representations and conduct, as well as the terms
of the Commercial Lease and amendment to the lease, Plaintiffs reasonably believed that
their occupancy of the premises and operation ofthe restaurant at this location would be
long term. Based upon this reasonable belief, Plaintiffs expended significant monies and
time in renovating the premises, prior to opening the restaurant in April, 2003, which
conduct conferred benefits upon the Defendants.
41. Defendants accepted and retained such benefits which included:
(a) rental payments to Defendants in excess of $1 ,000 per month beginning in
February, 2003, after the demised premises had been vacant for a period of
approximately eight months;
(b) significant improvements to the premises which included renovations to
both the physical structure and the aesthetics, to create adequate facilities for the
operation of a new restaurant;
( c) increasing customer traffic through the Colonial Peddlers Village thereby
resulting in increased profits to Defendants as the owner of specialty gift and collectible
shops surrounding the restaurant;
9
(d) increasing the fair market value of the property, thereby allowing
Defendants to ultimately demand a higher purchase price, as the premises were fully
occupied and Defendant was realizing profits from the lessees' operations;
(e) repairing and rendering operational Defendants' restaurant equipment,
which Defendants' subsequently liquidated.
41. It would be inequitable, under the foregoing circumstances, for
Defendants to retain the foregoing benefits without paying Plaintiffs the value of the
benefits conferred.
42. Based upon the foregoing, Plaintiffs seek restitution from Defendants.
WHEREFORE, Plaintiffs Robert S. Lehman and Ketha M. Lehman, his wife,
respectfully request that judgment be entered in their favor, in an amount in excess of the
compulsory arbitration limit in Cumberland County, together with such other relief as the
Court deems appropriate.
By:,
en . Co es, Esquir
Attorney ID No. 52654
Attorney for Plaintiff
Commerce Towers - lOth Floor
300 North Second Street
Post Office Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
Date: February L, 2004
10
VERIFICATION
I, Robert S. Lehman, hereby state that I have read the foregoing COMPLAINT which has been drafted by counseL The
factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is
that of counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making
this Verification.
I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn
falsifications to authorities.
~-~~._~/
./ . .--;::..-.-
-/>A / -_./L'
Robert S. Lehman
Dated: Z--Ioitf~
VERIFICATION
I, Ketha M. Lehman, hereby state that I have read the foregoing COMPLAINT
which has been drafted by counsel. The factual statements contained therein are true and
correct to the best of my knowledge, information and belief, although the language is that
of counsel, and, to the extent that the content of the foregoing document is that of
counsel, I have relied upon counsel in making this Verification.
I understand that the statements therein are made subject to the penalties of 18 Pa.
C.S.A. S 4904 relating to unsworn falsifications to authorities.
~~~~~'J!(}1V
Dated: a-\O-04
12
JAN-14-2004 ,ED 11:18 AM
FAX NO.
a :'1
COMMERCIAL lEASE
He
1./,. .'
,( :..../-""./~-~...
. This Agreement of Lease made this I"! day or February, 2003 between R.J. Shultz. ElUcrpris-:, Inc.
~_~s~0r~, ;.oarties ()f The one part, and Rober! and K~tha M. Lehman, Lesse'~s. parties of the Qth~r fan.
Witnesseth~ tbat the said party of the one parr, in consideration of the rents and covenants hereinafter
mentioned, does demise and lease unto the said second party, to be used as Restaurant, the premises
situate in the Township of Middlesex, County of Cumberland and State of Pennsylvania described J.S
follows, to wit: Ketha's Kitchen and Coffee House, 22'X28' - Kitchen and 28'X44' ~ Dining Area,
100 Shady Lane, Carlisle, Pennsylvania 17013.
To have and to hold unto the said second party, subject to the conditiom of this Agreemenl, for the
term beginning on the 1 ~t day of February 2003, and ending on the 28lh da:; of February 2005, "'see 5
year option.
In Consideration of Which the said second part agree that they will pay to the said firsl party fa!' th~
use of said premises, the sum of Twenty Four Thousand Dollars ($:~4,OOO) Dollars and GIher
consideration hereinafter m~ntioned payable as tallows: via, in Twenty Jour (24) monthly ins1alllnl.'tHs
of One Thousand Dollars in advance on the first day of each calendar month during 1he term. Pro-rata
rent for February 2003 to be $500.00 all subsequent monthly rental installments of $1000 due: and
payable on the l"t day of each calendar mondl. The said first party reqtLin~s a $3000 security deposit
The said second party has paid said required ~ecurity deposit of $3000 to said first party.
THE DEMTSE HEREIN CONTAINED is made and accepted on the following express ;onditions:
J. No wllSte shall be commirred: and at the end of the ~ll.id term the demi:;ed premise ~hall be deliv~rl;:~j ill
as good condition as at the commencement thereof, ordinary wear and tear and IJnuvoid,.ble dama~e by lire, ltmpe,t ;Ind
lighting ~xcepred.
2. The rent reserved shall be promptly paid on the: several days imct times herein specified withuul
deduction or abatemcnt, ~t thtl re$idcnce or principal office of the said Lessor.
3. lfthe Lessee should rllmove Or prepare to remove, or aUllmpt to remove. from the premises rn:rcny leClseLl
before tilt: (lxpiration of tile term or at any time during the continuance of this lease, Of il- t~~ Lt!ssee s.hall be in det'a~llt in
the payment of any installment of rem for the period oftllo. days, or should there be J; defllult in any of the covenants 01'
conditions <IS herein contained, then in that event, rent for the tarm of twelve months at .he rate which it is. to\:11 due ami
collectible under tht: terms ormis lease shall immedlateiy bec"ml:! due and payable and :11all bc collectible b:-- dis\r:lilll V~
uthcrwise.
4. (a) A holding over by the Lessee(s) beyond the term of this lease shall be a:; follows. Lessl.'e ll['Jon
g:iving: the Lessor 60 (sixty) day notice prior to the end ofthe twCl-year lease term. to re-nllW Lease for live (~) ye~rs. First.
Tenn guarantee. The rentall1ltes are to be as follows:
February 1,2005 until JlttIuary 31'" 2006 - Sl,050/momh
[~ebruary 1,2006 until January 31 n 2007 - SI, lOa/month
February 1,2007 until January )1 '(2008 - S1, 150/month
February 1,2008 until January j !'1200Q - Sl,200/roonth
FebrulU)' 1,2009 until January 3111 2010 - $1,250/month
(b) For the first 2 years ofmis lease Februl:lCY 1;\ 1003 thru January 31st, :2005, AddiLional g(lartmIC..: of
lellStI payments to Lessor shall be by Joseph W. and Beulah I. asde, 3 East Country~idl,: Drive. Boiling
Springs, PA 17007. Wr: agree to the above tcrms.
~o.;>A, c.J. {2-.)',}
Joseph W. Baric
4;" /,.1.. ,J ~
Beulllh 1. B~ic ~vltnes~
5. Lesser \U$ume$ responsibility to uphold all current building codes fOr th~ entire duration of the lellsc.
6, The Lessor shall not be liable!O the Lessee for any damage which mlly be caused to the L~sse<:: by tl1(:
failure of the Lessor, if said fallure;s not due to my fault of his part, to give posses:'iian f.ftht; pn::mises herein demi~~d, ~t
the time: agreed upon,
7. Said Lessee shall not cany on any unlawCul Or immoral business In 01' about th~ dt:mised premises. lind
shall not carry on any business which will endAnger the building from tire Or cause a farfeitlU'c of any fire insuranc\: Ihm
the Le!ls'or has. Or may hereafter have an said building.
8. Lessor will prorate water, sewer, trash and electric used by Les~ee(;). Lessec{s} wii! rectlivl: "rum
Lessor monthly billings ten day prior to payment due date. Gas meter for restaurant area is s~parale and billed directly to
Lessee(s) by UGI. The Lessee agrees to pay all bills. which may be incuITed, for light. heat. Or power used or consumed
upon the demised premise, and aU bills for water rent, which may accrue fOt water used during thc term of the II.:11SC. Tht:
Lessor shall not be re$ponsible in any way in the event that the supply of heat i~ cut offby reason of any caLise beyond the
contra I of the Lessor. And the Lessee does hereby release the Lessor from any damage ....l,ich mlLY result (() him by n:aSOll
oftne failure of the sUJ:lply of heat. Should the Lessee fail to pll.y any bills as aforesaid, tile Lessor sh~llllavc th!: right to
pay the same. and thl!' amount II.li paid shall be chargeable to the Lessee as additional rent.
9. The Lessee agrees to keep the premise in a good condition of rep'lir, Lessor ~grees. to nmsid<:
maintenance of common grounds and parking lot including snow n:movat. Lessee a~-t':es to maintain patio, deck and
walkway to restaurant. Lessor to supply tra"h dumpster.
10. In the event of the filing ofa petition in bankruptcy, whether v01Umal) 01" involuntary, by or ll!;ilit\:.t the
Lessee herein, there shall became dlle immediately upon the tiling of said pt::titian, rent fOr twelve momhs. M Il,e rme Ihm
the rent is then payable under this a:;reement of lease, and the Lessor shall have lhl:! turiher right in said evcm, 10 f,}I'feil
and terminll.tc thi~ lell.!lc. The:: said farfeiture to be dfected by givlnl; notice in writing to the Lessee nerl:lin ur (U th(; pcr~0I1
then in Charge of the demi!i.ed premises. Should an exetlltion issue against th~ Lessee OUl ,)f any court. twelvc months rl,nl
shill! thereupon become due and owing.
JAN-14-2004 WED 11:18 AM
FAX NO,
p, 02
1 J, In the Clvcnt that tbl: premises occupied by the Lessee shall during said term by dcstroYL:d by tin;. :herd';
making the premises umenank,ble and unfit for occupancy so mat [he ownerS :hereof Jam 11 f1dvisa~le '9 COOsrru~l it i:C\\
building, .he Lessor herein shall thereupon l:1avc tht: right to cancel and termmate thIs le:lse upon givmg tlfteen daYSnllOllce
in WTiting to the Lessee herein, and [he term of this lease shall thereupon cease at the :Xpiid.tion of tilh:en days ilTIef the
expiration of said nOli ca. In the CVlmt however, that the said building shall be damaged by fire, but not desuoyed. ,ht:
lessor will thereupon cause the same to be repaired and restored '[0 it3 former condition, they w act with the grta[c~l
;::::-ssib!: ,:Hllbe~:::~, :l.nc if ~he ~..ic. flre ~tal: have rendered dlc premises wmenamable, p<lyml;:nt of rem rilcn:um.lcf ~11<:lli ix:
suspended from the time when the l.r:sse:e herein shall notify the Lessor of such conditIO:1. umil such time as the building is
so repaired and again ready for occupancy, and the Lf:ssee herein agrees that in the t:vtn[ that the building ~ha!l b~ il.~
partially deSO'oyed by tire as co render said repairs necessary mat thtl said Lessor shall Thereupon have the righT Ihrollgh his
scrvantS and agents, and that the servants and agents of any contractor emplnyed by rhe Ussor shall have the ri~ht \Cl fa!.:.';
possession of the premises for the purpose of makin!!; such repairs, and Ih() so taking of I)assessiun shall not be al1 evicrion
oflhe L~gee herein and shall in no manner effect this renn of lease,
12. The said Le!Jsee herebY confesses judgment for, the rent resllrved undel' this agreement of lease. togeth~l.
with atJ anomey fee afflve percent for oollecIion, and execution may be issut:d thereon thm time lu time for any rllnt du~
and owing under this lease, andjudiffient in ejectment a:> herein provided may he entered concurrentl)' therewith.
13. At the end of the said Term, whethl:r the same shall be dettlrmined by forfeiture Or C"XpiOititm of the tenTl,
or upon the breach cfany of the conditions ofthi~ lease, it is agreed that !1n amicable act:on of ejcctnll.:nt may be ';lntered ill
the Court of Common PleA! of Cumberland County, in which the LllS3or. their heirs or assigns, shall be plaimiff. "nd the
Les~ee. and aU who come into possession during the tenn Or continu;mcl:: of This lea,e Dr undllr the r.os~ee5, SllC\lI be
defendants. that Judgment may be entered tht.-reupon in favor of the plaintiffs, WiThout leave of coun. for the Ilrc:mi~cs
above described TO nave the same force and dfecr as if a summons. in ejectment had bet:n re~ularly issued, leg,nlly ~t:rv~i.l
and returned and that writs of ha.bere facias posse!lsionem with t:lause of ti. fa. for ail co~ts. muy be issued forrllwilh.
waiving all errors and defects whatsoever In entering said judgment. also waiving TiGhT oC appeal, writ of el'ror or ~Ia} UpOll
any writs of habere facias possessionem which may 13sue upon the same,
14. And further. it is agreed and understood that the Le,sor, his heirs, a, assigm.. may ;;:nter rhe pl'elllis~s
hereby leased at any time during the term, either in The pr~sence or absence of the said Lessee for The purpose () f
ascertaining whether the: said premisu$ are kept in good order and repair during bU$ine~:; hours. FUl'Ther. thm the Lc.~sol.
resel"Ves the right to display a "for rent or sale" card upon the said premises, and to show same to prospective tenilnfS 01.
buyers. -
1$, All dUllages or injuries dune to the said premi$e~ other than those cawsed by tire or ordinary W<J<II' Ul1U
tear or by the acts Or omission of the landlord shall be repaired by the Lessee herein. And the Less~e covenant!> and ,lg,J'ces
to make said repairs upon five days notice givt'ln to him by the Lessor, and if he shall ncgJecllO m2l!<:e snid repain L.l
commence to make the same promptly or within ten days after said notice aJj given him, the L~sor 5hall have the l'ight (()
make the said repair!! at the expense and cost of the Lessee, and the amount thereof may be collected as addi!illtIo'l rent
accruing for the month followins the date of the said repairs, and if the :said expense is n1ade at the expiration of the term.
then the COSt so made may be collected by the landlord as an additional rent for rhe use of the premises during the :nlirr.;
tern1
16. And the said Lessee hereby-accepts notice to quit, removc from, and surrender up possession ofrhe s<lid
demiscd premises to the !<.raid Lessor. his heirs and assigns, .at tlll~ t!xpinlTlon ot' (he ~aid term. whenever it mlly hi.'
detennined, whether by forfeiture or otherwi!e, without any further 1100ice to that elTcct. all turttler notice being hl.:rcb~
waived. And on failurc to pay rent d,ue, for the space of ten da)'! be!ide~ th.e distre~s:' 'Or upori nrc'Zlch of any ()ther
condition of this lease the Lessee shall be a non.tenant, subject to djspoS.!lCl~sion by the uid Les.!lor, without further nOlice
or proeeu of law, wim releue of elTOr and of damages, and the said LeS!ior may re.enter the premise!i and dispossess Ihe
Lessee without thereby becoming a trespasser. And the Lessee her~by wa.ives the bendl! of ail exemption laws of this
Commonwealth that now are in furce Qr may hereafter be in force, or in arty action or actions that may !:ICCll.ltl Oil this
contract, and in any distress or distress that may be made for collection of thl: whole of said rent ()r any parr Ihereof.
Waiving also the benefit of smy of execution. inquisition, extc!'l$ion, and ll.1I errors, in ell proceedings arising out of this
leue.
17. Ltl$sor gants to Lessee the same signage that is presently availablE: for the rest8.Urllnt 011 Colonial
Peddler Village Property.
18, The pllrty of the second part will bear. pay and discbllrge when and as t'1e S<:lme becomo due and pavublc
IIll juds,ment and lawful claims for damages ar otherwise against said panics of the .'irst part arising: from its llS~ or
occupancy of said leued premises, patio and deck in fronl of said. premises, and will ;1!.sume the burden umi Uxpt!ll.~e of
dctendin~ all such suits. whether brought before the expiration of this lease and will protest, indemnify and !lave: hamlle$s
and said party of the first put, his agents. servants, employees and public at large by reltSon of or on account of the llse of
misuse of the prerni~1 hereby leased or the deck and patio in lTom of the said prcmise~, or any part: thereof; due to the
negligence ofthe Lessee or his agcnUi,
19. In addition to the demise space, this ICllse also. includes all bW5incss :::quipm~nt in kitchen, deck, "lid
dining area. See attached ~Cl:ts. J..essee is responsible for maintenance or rcrptacemcll! af~aid cquipment and inventory.
10. Lessee(s) agrees to COST of phone lines in restaurant awl.
21. Lessec(s) agrees to maintain security system for rertBuranT area. Security system to be I;lctive when
restaurant is closed.
22, L(.:-1(sor aarecs usage, by the Lessee(s) of credit card machine locat~d in msta.l.lranf, Lessee(sl are
responsible for the credit card service.
23. Lessor agrees to changes fOr remodeling and build out upon Lessee(s) submining plalls in ~ritillg~
a~cment by C-cs'sor must be ;trr~t\"VM ann ~'BMOI\ltlt"'i" (<i) five blL'Iiness days ofsubmi.~sIOny
24. Les$or agrees to LcsStltl(s) changing The res1aurant business name t<) "Ke[ha's Kitchen Rnd Cot'fc~
House" ~ssee(s) shall remain ownc:rofsaid business. n8mtl.
1.5. LessQr agrees to allow Live t:ntertainment on Friday !Lnd Saturday evenings. Said e(l1el'ti!inment is 10
maintain a1 a volume:: as not to be a nuiSllIlCe to other stores and nearby businc!lS. Mu~ic/Radio shull be mllimained ,\I
Lessee(s)discreti(lO.
~ 26. Lesse~s.) ma)' rem additional dining room space ]4 feet X 28 feel for additional r"nl Df S50.00 per
month, The Lussee(s) must give tbe Lessor ninety (90) days notice ot"the L~see(s) intention to l.ease the additional space.
The addition rent will be: added to the pre-sent and incn:ase yearly at $600.00 per yeaI'. .
27. The Lessor and Le!lsee(s) agree to tllk.C the following hOUf1l of operation. The restau.l'ant shall be open
from I Dam (0 3pm Itt II minimum, Monday thru Saturday. Additiona] hours of oper;Utons and staff shall be <ll the
di~cretiOI1 ofrhe Lessee(s). Hours efoporaTion could be up to 24 hours a day, 7 days a 'veek. including hlllidilY~ if!lcecl
be.
28. Heating/Cooling units for resu.uranUkitchen llre to be rnaintllined by Lessee(s), Rep[<\celllem i;; Irl
Le!see(s)ex:pense.
JAN-14-2004 WED 11:19 AM
FAX NO,
, 03
2/). !t i'l dKpre!:sly undersrood by the parties that the whole agreement is I:lmbodicd in this agreem~nr and chat
no part or item Is omineQ.
. 30. The second party does also hereby waive any and all d~mand for payment of :he nwl herein provided
for. either 01\ the day due or on any other day, either on the land itself or in any other place, and agrees thllL ,LICh dem~m.l
shall not be condition of w-emry or of recovery of po!>session without le:;:al proct:ss ar by m':::ans of any <Inion nt"
pr()ceed'ng~ wh!HSOever
31. Lessee shall have the ability to sublease the premises subject to the permission and cons~llt ll! :l1e
L':ssor.
32. ~b91,l1d the r .essor close or cease to o~erafe tht' r'oloniil P"ddl~r Vilt"!!,,, ~rrw'~ (whil.h ".1'~I:O\ltlrj .j"''''I.i,e
property); the Lessor must give written notice to the LessetlQ;) his heirs, or assigns to vac~te within sixty (60) d"y~ (If said
eVent to VOId Uus lease,
'/
WITNESS
~~
WITNESS
/~
DATE:
TO:
FROM:
REF:
JULY 17,2003
R. J. SHULTZ ENTERPRISES
ROBERT & KETHA LEHMAN
AMENDMENT TO LEASE
CHANGE OF HOGTRS
ADDITIONAL SPACE
THIS LETTER IS TO ACKNOWLEDGE AN AMENDMENT TO
OUR LEASE AT 100 SHADY LANE, CARLISLE, P A, 17013
EFFECTIVE JULY 1, 2003 THAT WE HAVE NOW CHANGED
OUR HOURS OF OPERATION AT KETHA'S KITCHEN AND
COFFEE HOUSE TO 7 DAYS A WEEK FROM 7 AM TO 2PM
PLUS FRIDAY AND SATURDAY EVENINGS FROM 5PM TO
9PM.
IN ADDITION, WE HAVE ACQUIRED THE ADDITIONAL
LEASED SPACE (AS NOTED MEASUREMENTS IN OUR
LEASE) EFFECTIVE JULY 1,2003 FOR AN ADDITIONAL
$50.00 PER MONTH PAYABLE ON THE FIRST OF EACH
MONTH WITH OUR MONTHLY RENT AMOUNT.
~ .
~~ ~ flr-lJ3 \ /&lyll.(~LJVl(o'v\ i/li/u3
ROBERT S. LEHMAN (DATE) KE~ M. LEHMAN (DATE)
p~
7 !/aJ
OHLES E. PETlUE
'.TTOR>T':1 _-\'1' lS"'''
..:...'\ )TREET
~'{-\RFI:::BL
;i~S':.'L\:__",,-",' .. 1-
f{L' 'ROBERTS
J'Z. ) Li..:.G,-\l
-17<:t;l]_,l(j..;., . F;-\X 7 . '-,,--'1'21
c' ,L . -do' ,,,'i com. WeB, :: L "",pctr',',:.;m
c.lDer 24, 2003
Rnbert and Ketha j~,:h)'::a.n
'5 K~tchen ~:,:1f_1. ~,~"::f.f,:'t-:' House
):J Shadv L;;._~",::
'."_lclisle, Penn.s\/l',.<..::;.:.t
t7013
Dear M;-, ana. Ivh'c :,'oLr::6,L
Llis office rc>:~en::s Riche;": r 5:,'';',2 vith r'e~pecl: to the sak of
real esra::: :::r.r 100 ::::;---.::cjy Lailc.\'~!:"". ;~L',-:ltz t:!S ":10$.:0",' and h.:1S ceased 'to
operate the VJlage 1 '-=-:'~J;E~,.:~:,al PeddL:.:-"s e:'t-ec-i~Je :hi~~ d~-~te. P'-1.rsuant to
Parag~",]:~i )f:;.:JUf'-.:.t:a:sc. Notice:s ll.ereb,y gi~-~:.r: t}-~:~ ~hatYr)u 8.r-e
., ..." ,I"''''' ''''1rF'u'':'''''es 011 0'. 'oern...."" ~." -c',r,.-: 'eo-' -'1 'J{)(I':'I
...,.v,_ ,.,LL I:-' _J. ..".:) 1 ~~'~'... ..,1_. } ',:,..... -~ .-.'""1'", ...:;:.. \.-,-).
Y-:.l ':" iLlnledic:~ct:' 2t~tc .~,;.on to ~h!s I"_n.<:trt~:- is n:qt~lr~:,j,
Very tnt:'.- ';'W':511
~~t~\~
r~- ,_,;"ics 1:.. l-\::t.nc:
F'ikpr
A:) ~ ~
t \ ~
C\ V(
-- 0
:i ~ r
c ()
......:l ~
~
--<
~ , I~'
,-;... C':
C:)
"j , t "
-~1 ::;:j
, , _:.:
C'} ,
- ..
~
. ,
, ;
-..- :1
L.~'
, ( ,) _'.J
'''' -.<
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00651 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEHMAN ROBERT S ET AL
VS
R J SHULTZ ENTERPRISE INC ETAL
CPL, MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
R J SHULTZ ENTERPRISE INC
the
DEFENDANT
, at 1832:00 HOURS, on the 18th day of February, 2004
at 520 GALE ROAD
CAMP HILL, PA 17011
by handing to
CHRIS CONARD, WIFE OF OWNER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
9.66
.00
10.00
,00
37.66
.rg'::::~?~
R, Thomas Kline
Sworn and Subscribed to before
me thi s ,( 3,u( day of
J~., .'1 J.0'()'f A.D,
( l I. Q ~ ~.
~~honotary ,
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00651 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEHMAN ROBERT S ET AL
VS
R J SHULTZ ENTERPRISE INC ETAL
CPL, MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
SHULTZ RICHARD J JR
the
DEFENDANT
at 1832:00 HOURS, on the 18th day of February, 2004
at 520 GALE ROAD
CAMP HILL, PA 17011
by handing to
CHRIS CONARD, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6,00
.00
.00
10.00
.00
16.00
So Answers:
~q~~,c:.: 4'~..R
, /
R, Thomas Kline
02/19/2004
KELLY HOFFMAN
Sworn and subscribed to before By
me this ../ .3,A.<{ day of
1J.J';<-''<AV,? clfnl'( A,D.
(JU#-, Q )y,1;.f,~ ~
I Prothonotary ,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN and
KETHA M. LEHMAN, his wife
Plaintiffs
NO.: 04-651 CIVIL TERM
vs.
CIVIL ACTION - LAW
R.J. SHULTZ ENTERPRISE, INC.,
And RICHARD J. SHULTZ, JR.,
Defendant
JURY TRIAL DEMANDED
ANSWER
NOW COME the Defendants, R.J. SHULTZ ENTERPRISE, INC., and
RICHARD J. SHULTZ, JR., by and through their attorney, Charles E.
Petrie, and respectfully answer Plaintiffs' Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. It is admitted that R.J.
Shultz Enterprises, Inc., was the owner of the premises set forth in this
paragraph; it is denied that Richard J. Shultz, Jr., was the owner of said
premIses.
5. Admitted in part and denied in part. It is admitted that R.J.
Shultz Enterprises, Inc., owned and operated all but one of the shops
containing gifts and collectibles; it is denied that Richard J. Shultz, Jr.,
was the operator of said premises.
6. Admitted in part and denied in part. It is admitted that
Plaintiffs entered into a Comrnercial Lease with R. J. Shultz Enterprises,
Inc. It is denied that they entered into a Commercial Lease with Richard
J. Shultz, Jr.
7. Admitted.
8. Admitted in part and denied in part. It is admitted that the
premises had been vacant since June, 2002. The inference that the
premises had been shut down by the Pennsylvania Department of
Agriculture, Bureau of Food Safety and Laboratory Services for a long
period of time is denied. The premises had been shut down in June,
2002, for one or two days.
9. Denied. Defendants have no information concerning the
statements set forth in this paragraph, and the statements are therefore
denied.
10. Admitted.
11. Denied. Wolfe & Shearer was never retained by Defendants
as a property manager,
12. Admitted in part and denied in part. It is admitted that the
parties and representative from Wolfe & Shearer rnet on January 18,
2003, to discuss the potential lease of the premises. Defendants' deny
that Defendant Shultz ever said that the shops "were not going
anywhere. "
13. Admitted in part and denied in part. It is admitted that the
parties executed the Lease and Plaintiffs took immediate occupancy of
the prernises. It is denied that Defendant made any representation that
the Village of Colonial Peddlers would remain in operation for any length
of time contrary to the terms of the Lease.
14. Admitted.
15. Admitted.
16. Admitted in part and denied in part. It is admitted that the
premises passed inspection as set forth in the Cornp1aint and that
Plaintiffs took possession of the premises in February, 2003. It is denied
that Plaintiffs cornp1ete1y remodeled the interior of the lease premises
and they further deny any implication that the premises had not passed
inspection by the Pennsylvania Department of Agriculture, Bureau of
Safety and Laboratory Services in 2002.
17. Denied. Defendants have no inforrnation concerning the
statements set forth in this paragraph, and the statements are therefore
denied.
18. Admitted.
19. Denied. Defendants have no information concerning the
statements set forth in this paragraph, and the statements are therefore
denied.
20. Admitted.
21. Denied. Defendants have no information concerning the
statements set forth in this paragraph, and the statements are therefore
denied.
21. (sic) Admitted.
22. Admitted,
23. Adrnitted.
24. Adrnitted.
25. Denied. There were no ongoing negotiations with Giant food
Stores at or around the time Plaintiffs executed the Cornmercial Leases,
undertook renovations and executed the Amendment to the Lease.
26. Denied. There was no value to be had in the leases because
it was the expressed intent of Giant Food Stores, Inc. to raze the
buildings. Giant Food Stores, Inc., required in the Sales Contract with
Defendant R.J. Shultz, Inc., that the premises be completely ernpty.
27. Denied. There were no negotiations between Defendants and
Giant Food Store, Inc., during the time of the Lease negotiations between
Plaintiffs and Defendants or at the time of the execution of the
Commercial Lease.
28. Admitted in part and denied in part. It is admitted that
Defendants did not advise Plaintiffs of any such negotiations because
Defendants had no obligation pursuant to the Commercial Lease to
advise Plaintiffs of any such negotiations. Any assurances by
Defendants to Plaintiffs of long-terrn occupancy are denied.
29. Denied. It is denied that Defendants fraudulently induced
Plaintiffs to enter into the Lease. It is denied that Defendants told
Plaintiffs that the Colonial Peddler Village Stores would continue to
operate as it had for the past 32 years.
30. Denied. Defendants have no knowledge of any of Plaintiffs'
good faith expectations contrary to, or in addition to, the terms of the
Commercial Lease.
31. It is denied that Plaintiffs' work added value and utility to
the property. The property was to have been destroyed by Giant Food
Stores, Inc. soon after its purchase.
32. Denied. Plaintiffs were not the new owners of the
restaurant. Any reasons for Plaintiffs' conduct as set forth herein are
outside the scope of Defendants' knowledge and are therefore denied.
33. Denied. Giant Food Stores, Inc. was not interested in the
building or restaurant. The building and restaurant were to have been
razed shortly after Giant Foods, Inc. purchased the property. The
buildings had no value to Giant Food Stores, Inc.
COUNT I
BREACH OF CONTRACT
34. No responsive pleading required.
35. Admitted.
36. Denied. Defendants owed Plaintiffs no such duties of good
faith and fair dealing.
37. Denied. Defendants owed Plaintiffs no such duties of good
faith and fair dealing.
38. Denied. Defendants owed Plaintiffs no such duties of good
faith and fair dealing; therefore no breach of contract occurred.
COUNT II
UNJUST ENRICHMENT
39. No responsive pleading required.
40. Denied. Plaintiffs clearly read paragraph 32 of the
Commercial Lease (see paragraph 23 hereinabove) which permitted
Defendants to give notice to Plaintiffs if the Colonial Peddler Shops were
to close. Plaintiffs had no right to any expectations above and beyond
this paragraph.
41. Admitted in part and denied in part.
(a) Adrnitted. Plaintiffs paid the rent to which Defendant
was entitled under the terrns of the Commercial Lease.
(b) Denied. The building was to have been destroyed. Any
value added to the building did not inure to Defendants.
(c) Denied. It is denied that the restaurant increased
customer traffic through the Colonial Peddlers Village and any increase
in profits derived therefrom is denied.
(d) Denied. The building was to have been razed. Any value
added to the building did not inure to Defendants.
(e) Admitted.
41. (sic) Denied. Plaintiffs have no right to any expectations
above and beyond the letter of the Comrnercial Lease.
42. No responsive pleading required.
WHEREFORE, Defendants respectfully request that Your
Honorable Court dismiss Plaintiffs' Complaint.
NEW MATTER
43. Defendants hereby incorporate their answers to paragraphs
1 through 42 above as if fully set forth herein.
44, Defendant R.J. Shultz Enterprises, Inc., is a fully-registered
corporation in good standing with the Secretary of State of the
Commonwealth of Pennsylvania.
45. Defendant Richard J. Shultz, Jr., is the president of R.J.
Shultz Enterprises, Inc.
46. Pursuant to Pennsylvania cornmon and statutory law,
presidents of corporations have no liability for corporate debts except as
authorized by statute.
47. Defendant Richard J. Shultz, Jr., did not execute any
documents to Plaintiffs in his individual capacity that created any
personal liability to Plaintiffs,
48. Defendant Richard J. Shultz, Jr., executed the Commercial
Lease and Amendments thereto only in his capacity as President of the
corporation.
49. Defendant Richard J. Shultz, Jr., bears no legal
responsibility for the debts of Defendant R.J. Shultz Enterprises, Inc.
50, Defendant Richard J. Shultz, Jr., has no legal responsibility
for any debt or debts to Plaintiffs that may be ultimately deemed by a
court of law to be the responsibility of R.J. Shultz, Inc.
51. Defendant Richard J, Shultz, Jr., should be removed as a
Defendant from this lawsuit.
WHEREFORE, Defendant Richard J. Shultz, Jr., respectfully
requests that Your Honorable Court enter an Order dismissing him of
and from any liability to Plaintiffs pursuant to their Complaint.
Respectfully submitted,
~E/~
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 171 I 1
(717) 561-1939
Attorney for Defendants
CERTIFICATE OF SERVICE
I, CHARLES E. PETRIE, hereby certify that I served a true and
correct copy of the within Answer and New Matter on Karen S. Coates,
Esquire, Attorney for Plaintiffs, by U.S. First Class mail, Postage Prepaid
to the following address:
KAREN S. COATES, ESQUIRE
COMMERCE TOWERS - 10TH FLOOR
300 NORTH SECOND STREET
POST OFFICE BOX 62003
HARRISBURG, PA 17106-2003
DATED: March 25, 2004
Respectfully submitted,
~.?~
CHARLES E. PETRIE
3528 BRISBAN STREET
HARRISBURG, PA 17111
(717) 561-1939
ATTORNEY ID # 29029
ATTORNEY FOR DEFENDANTS
(') ...., 0
=
S:~ ~" -n
~-
"'. :::: :?
)"fl' rn r=
?J -0::1
", ~:uO
(11 : ") C)
:~'~.l , ~
~ ,
~. c':;
," en
,0
( ,-
-, Q
,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERTS. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
v.
CIVIL ACTION-LA W
R.J. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR,
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS
43. Plaintiffs herein incorporate by reference the allegations contained in the
Complaint at paragraphs 1 through 42 as if fully set forth herein.
44. Admitted.
45. Admitted.
46. Denied. The averments of Paragraph 46 constitute legal conclusions to
which no response is required. By way of further answer, the averments are specifically
denied and proof is demanded.
47. Denied. The averments of Paragraph 47 constitute legal conclusions to
which no response is required. By way of further answer, the averments are specifically
denied and proof is demanded.
48. Denied. The averments of Paragraph 48 constitute legal conclusions to
which no response is required. By way of further answer, the averments are specifically
denied and proofis demand.
49. Denied. The averments of Paragraph 49 ,:;onstitute legal conclusions to
which no response is required. By way of further answer, the averments are specifically
denied and proof is demand.
50. Denied. The averments of Paragraph 50 (:onstitute legal conclusions to
which no response is required. By way of further answer, the averments are specifically
denied and proof is demand.
51. Denied. The averments of Paragraph 51 constitute legal conclusions to
which no response is required. By way of further answer, the averments are specifically
denied and proof is demand.
WHEREFORE, Plaintiffs Robert S. Lehman and Ketha M. Lehman, his wife,
respectfully request that judgment be entered in their favor and against Defendants R J.
Shultz Enterprise, Inc. and Richard J. Shultz, Jr.
By:
s, EsqUl
Attorney ID No. 52654
Attorney for Plaintiff
Commt:rce Towers - 10'h Floor
300 North Second Street
Post Office Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
Date: Marc)lL,2004
2
CERTIFICATE OF SERVICE
AND NOW, this J1J!day of March, 2004, I, Karen S. Coates, Esquire, hereby
certify that I served a true an correct copy of the foregoing Plaintiffs' Reply to New
Matter of Defendants by first class mail, postage pre-paid, at Harrisburg, Pennsylvania,
addressed to the following persons at the following addresses:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg,PA 17111
Attorney for Defendants
3
.
0 .....,
C::.l 0
C = "
?": "'-
-::.11.',() "". -<
-U ::T:
f,l:, ' n1::D
:.?~T :;Q ,
71-- I -om
U).-' :o?
, ~1C)
~:::
0f C: i:l :-C::~:
::rt: O~~,
C' ->(,)
5; c:: ?')fTI
.;" '.
'-
=< Ul :'.0
.:;;- ~:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
CIVIL ACTION-LAW
v.
R.J. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF
SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22
As a prerequisite to service of subpoena for documents and things pursuant to Pa.R.C.P.
4009.22, Plaintiffs certify that:
(1) a notice of intent to serve the subpoena with a copy ofthe subpoena attached thereto
was mailed or delivered to the Defendant at least 20 days prior to the date on which
the subpoena was sought to be served.
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to thl<l'ubpoena which is attached to
the notice of intent to serve subpoena. '
Karen . Co , Esquire
L Y, HOFFMAN & GODUTO LLP
Commerce Towers - lOth Floor
300 North Second Street
P.O. Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
Attorney for Plaintiffs
Dated: June l, 2004
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEI-I:MAN, his wife,
Plaintiffs
No. 04-651 CIV1L TERM
CIVIL ACTION-LAW
v.
R.J. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO Pa.R.c.P, 4009.21
TO: Richard J. Shultz
c/o Charles Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
Plaintiffs intend to serve a subpoena identical to the one attached to this notice. You
have twenty (20) days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made, the subpoena will be served.
DATE: May 1..2-, 2004
/
I( (""-"'0 j
/.' ....,J
LA'~C~' 5
/ / r.,..:.-..s.
Karen S. Coates, Esquire
KELL Y, HOFFMAN & GODUTO LLP
th
Comm<:rce Towers - 10 Floor
300 North Second Street
P.O. Box 62003
Harrisburg, PA 17106.2003
(717) 920-8100
,<.I
Attorney for Plaintiffs
CC'I.li,~,C~j""/::.\'L;H OF PE:~~1S';'L").::',ij;;"
CQU!'lTY OF CUl.\BEF,LA~;D
ROBERT S. LEHMAN and
KETHA M. LEHMAN, his wife, plaintiffs
v. F,i," ,J'e, 04-651 Civil Term
R. J. SHULTZ ENTERPRISE, INC., and
RICHARD J. SHULTZ, JR., Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO Wolfe & Shearer, 33 S. pitt Street, Carlilsle, PA 17013
(Name oj Person or Entity)
WlIh in twenty (20) days after service of this subpoena, you are orderE,d by the cour' to produce the following
documents or things:
(see attached)
at Law Offices of Kelly, Hoffman & Goduto LLP, Commerce Towers - lOth Floor,
300 N. 2nd street, Harrisburg, PA(Address)
17101
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
With the certificate of compliance. to the party making this request at the address listed above. You have the right
to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If yo u fail to produce the documents orthings required by this subpoena within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON:
Name Karen S. Coates, Esquire
Address: 300 North Second Street
P.O. Box 62003, Harrisburg, PA 17106-2003
Telephone (717) 920-8100
Sup reme Court :0 ~
52654
;l,ttOrnev FJr'
plaintiffs
cutl~
_ _ C1..."2..'fkD,;).a;ii--------
Se3\ ,:)f the Court
_, -H E ;-=: L~~U F',-;- {,1
e J<:(!~,,~3~~{~,i =~;~,
,-.~~.7?7~_C,
{J.. Dr.p\!t'/
Ell
."-\
"
Sl'BPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY PURSUA:"IT TO
Pa.R.C.P,4009.22
TO: WOLFE & SHEARER
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce
the following documents or things:
(1) Any and all correspondence, notes, memoranda, electronic communications or other
documents which in any way discuss, or pertain to Wolfe & Shearer's involvement
with the Village of Colonial Peddler's property on behalf of Plaintiffs and/or
Defendants for the five year period preceding the sale of the property to Giant Food
Stores in September, 2003.
(2) Any and all commercial and residential leases in which Wolfe & Shearer was
involved in negotiating, drafting, procuring and/or securing for premises located
within the Village of Colonial Peddlers, from 1999 to 2003.
(3) Any and all correspondence, notes, memoranda, electronic communications or other
documents pertaining to negotiations, proposed offers of sale, and lor sales
agreements relating to the Village of Colonial Peddlers property from 1999 to 2003.
(4) Any and all correspondence, notes, memoranda, electronic communications and other
documents pertaining to the sale of the Village of Colonial Peddlers property to Giant
Foods in September, 2003, including but not limited to negotiations, proposals,
confldentiality agreements and all documents generated in conjunction with the
transaction.
(5) Any and all correspondence, notes, memoranda, electronic communications,
contracts, engagement letters, agreements and/or documents pertaining to any and all
services provided by Wolfe & Shearer to Defendants R.J. Shultz Enterprise and! or
Richard J. Shultz with respect to the Village of Colonial Peddlers property from 1999
to 2003.
i 6) Any and all correspondence, notes, memoranda, electronic communications,
contracts, engagement letters, agreements and/or documents pertaining to any and all
services provided by Wolfe & Shearer to Plaintiffs Robert S. Lehman and Ketha M.
Lehman with respect to their lease of the premises at 100 Shady Lane in February,
2003.
CERTIFICATE OF SERVICE~
~ff
On this L day of May, 2004, I, Karen S. Coates, Esquire, of the law t'irm of Kelly,
Hotlman & Godu10 LLP, hereby certify that a true and correct copy of the foregoing Notice of
Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to
Pa.R.c.P. 4009.21 was served on the following persons, at their respective addresses, by
depositing the same in the United States Mail, first class, postage prepaid at Harrisburg,
Pennsylvania, as follows:
Richard J. Shultz
c/o Charles Petrie, Esquire
3528 Brisban Street
Harrisburg, PAl 7111
/J .'
/' '"_ i(' J. _.~~? ~'7C' \ /
.....'--""".--7... ': ';"N
Karen S. Coates, Esquire /'
>2 ...., 0
c::"".;}
c,;.::;> 'n
:.-~ ....-
-I
c_ -1'
c: nifP-
:;;;,::
-n en
I -~ 0
-"
GO 0 ,
,-'
...\ --'
:1:. '-T.
~.':'r" --'1
-"," ';'~~ C,:')
?l"n
- ( '-.~
:;-~ ':>-
---'I ,,' ~.u
-< N -.,':.:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M, LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
v.
CIVIL ACTION-LAW
R.J, SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
MOTION TO COMPEL DEFENIJiANTS
TO RESPOND TO PLAINTIFFS' FIRST
REOUEST FOR PRODUCTION OF DOCUMENTS
AND NOW, comes the Plaintiffs Robert S. Lehman and Ketha M, Lehman, his
wife, by and through their attorney, Karen S. Coates, Esquil1e, and file the within motion
seeking to compel Defendants to respond to Plaintiffs' First Request for Production of
Documents and in support thereof, aver as follows:
I. Plaintiffs Robert S. Lehman and Ketha M. Lehman commenced this action
by filing a Complaint on February 17,2004.
2. Plaintiffs' claims arise out of a Commercial Lease entered into on
February 1,2003 for premises previously owned by the Defendants, which premises were
sold shortly after Plaintiffs assumed occupancy. In this action, Plaintiffs seek to recover
damages for breach of contract and unjust enrichment.
3. On May 5, 2004, Plaintiffs served Defendants with a Request for
Production of Documents. A true and correct copy of the Request is attached hereto as
Exhibit "A,"
4. Pursuant to Pa,RCiv.P. 4009.12, Defendants were required to respond to
the Request for Production within thirty (30) days of service,
5. When Defendants failed to respond to the Rtlquest for Production,
Plaintiffs' counsel wrote to Defendants' counsel noting that the discovery responses were
still outstanding and requesting that the documents be produced within ten (10) days. A
true and correct copy of the June 17, 20041etter is attached hereto as Exhibit "B,"
6. As of July 12,2004, Plaintiffs' Request for Production has been
outstanding for more than sixty (60) days and Defendants (a) have not requested an
extension of time within which to respond to Plaintiffs' reasonable discovery requests;
(b) have not filed answers or objections; and (c) have not produced documents
responsive to the requests.
7. The documents requested by Plaintiffs are re11~vant to the subject matter
involved in the pending action and information sought is calc:ulated to lead to the
discovery of admissible evidence. Moreover, Defendants have not asserted any privilege
nor have Defendants interposed any objections to production.
8. Plaintiffs seek an order mandating that Defendants produce all documents
responsive to Plaintiffs' Request for Production within ten (10) days and the imposition
of an appropriate sanction in the event Defendants fail to comply.
WHEREFORE, Plaintiffs Robert S. Lehman and Ketha M. Lehman respectfully
request that this Honorable Court order Defendants RJ. Shult~ Enterprise, Inc, and
Richard], Shultz to answer Plaintiffs Request for Productiion and produce all documents
responsive thereto within ten (10) days or suffer sanctions.,
en S. C , Esquire
Attorney ID No, 52654
2215 Forest Hills Drive
Suite 37
Harrisburg, PA 17112
(717) 541-8299
Attorney for Plaintiffs
DATE: July 12,2004
KELLY. HOFFMAN & GODUTO LLP
ATTORNEYS AT LAW
COMMERCE TOWERS - 10 TIl FLOO':
300 NORTH SECOND STREET, HARRISBURG, PA 17101
POST OFFICE Box 62003, flARRlSBURG, PA 17106-2003
TELEPHONE (717) 920-8100
FACSIMILE (717) 920-0691
Karen S. Coates
Extension 116
kcoates@khgllp.com
May 5, 2004
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
Re: Lehman v. R. J. Shultz Enterprise, Inc., et al.
No. 04-00651 - Cumberland County Court of Common Pleas
Dear Mr. Petrie:
Enclosed please find Plaintiffs' Request for Production of Documents addressed to
Defendants R. J. Shultz Enterprise, Inc. and Richard J. Shultz, Jr.
Should you have any questions, please do not hesitate to call.
Very truly yours,
/ . f
//-- i,r . .._:' ,',
j ~,,, .:.c... __<.. / (.. ......
"'h--r-:
'_., " I.< J }...,
, J
/(,.'-
KSC/jaa
Enclosure
Karen S. Coates
cc: Robert S. and Ketha M. Lehman (w/enc.)
/f' ' /)
fk!lI~/I 'II
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
v.
CIVIL ACTION-LAW
R.J. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR,
Defendants
JURY TRIAL DEMANDED
REOUEST FOR PRODUCTION OF DOCUMENTS
TO: R.J. Shultz Enterprise, Inc.
Richard J. Shultz, Jr.
c/o Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
Pursuant to the Pennsylvania Rules of Civil Procedure:, Plaintiffs Robert S. Lehman and
Ketha M. Lehman request Defendants to supply within thirty (30) days the originals or authentic
and legible copies of the documents and things hereinafter identified to the offices of Kelly,
Hoffman & Goduto LLP, Commerce Towers, 10th Floor, 300 North Second Street, Harrisburg,
Pennsylvania 17101.
This Request for Production of Documents shall be deemed to be continuing in nature so
as to require the production of further documents obtained between the date this present request
is responded to and the date of trial, or such earlier time as the Court in this case may fix as the
deadline for the production of documents which are to be used or will be usable at the time of the
trial of this case.
I. INSTRUCTIONS
1. In answering these Requests for Production of Documents, the respondent shall
furnish all information available at the time of answering, including information in the
possession of any and all representatives, agents, or attorneys and shall supplement the responses
whenever necessary in accordance with the Pennsylvania Rules of Civil Procedure.
2. Each Request for Production of Documents shall be answered separately and as
completely as possible. The fact that investigation is continuing or that discovery is not yet
completed shall not be reason for failure presently to answer each request as fully as possible.
3. If any form of privilege or other protection from disclosure is claimed as a ground
for withholding responsive information, respondent shall set forth each and every fact supporting
the claim with sufficient specificity to permit full determination by the court as to whether the
claimed privilege or protection is valid. With respect to a document regarding which a privilege
or protection is claimed, a respondent shall set forth that document's name, date of creation,
identification of the author and all other information required for identification of the document
without revealing the information for which the privilege or the protection from the disclosure is
claimed.
4. For the purposes of these discovery request, the singular form shall include the
plural, and vice versa; the masculine form shall include the feminine, and vice versa; and the
words "and" and "or" shall be construed conjunctively or disjunctively, whichever construction is
required in order for the request to have its broadest interpretation.
5. "Person" shall mean, without limitation, any natural person, corporation,
partnership, limited partnership, association, joint venture or arty other business entity,t
organization, firm, or arrangement or any other type of person.
2
6. "Document" or "documents" shall mean all written or printed matter of any kind,
including the originals and all non-identical copies thereof, whether different from the originals
by reason of any notation made on such copies or otherwise, including without limitation
minutes, agendas, contracts, agreements, reports, summaries, inter-office and intra-office
communications, offers, notations of any sort of conversations, diaries, appointment books or
calendars, teletypes, telefax, thermafax, confirmations, computer data (including information of
programs stored in a computer, whether or not ever printed out or displayed), and all drafts,
alterations, modifications, changes and amendments of any of the foregoing, and all graphic or
manual records or representations of any kind, including without limitation photographs,
microfiche, microfilm, videotape, records, and motion pictures, and electronic, mechanical or
electric records or representations of any kind, including without limitation tapes, cassettes,
discs, magnetic cards, and recordings.
7. "Identify", when applicable to a document, shall mean to state:
(a) the title of the document and any distinguishing file or department number
assigned thereto;
(b) the date the document was originally prepared or created;
(c) the identification of the author, creator, sender and/or originator of the
document;
(d) identification of all persons to whom the document was sent, directed or
addressed, and identification of all persons who are in possession of the original and any
copy of the docmnent;
(e) identification of the present custodian of the document;
(f) the present location of the document.
3
8. "IdentifY", when applicable to a person, shall mean to state:
(a) the person's full name;
(b) The person's present and/or last known address and telephone number;
(c) an identification of the person's present and/or last known employer;
(d) an identification of the person's present and/or last known title or position
of employment.
4
II. DOCUMENTS AND THINGS REOUESTED
I. Any and all correspondence, notes, memoranda, electronic communications or
other documents which in any way discuss, or pertain to sale of the Village of Colonial Peddler's
property for the five year period preceding the sale of the property to Giant Food Stores in
September, 2003.
2. Any and all commercial and residential leases entered into by Defendant(s) for the
space located within the Village of Colonial Peddlers, from 2000 to 2003.
3. Any and all correspondence, notes, memoranda, electronic communications or
other documents pertaining to negotiations, proposed offers of sale, and lor sales agreements
relating to the Village of Colonial Peddlers property from 1999 to 2003.
4. Any and all correspondence, notes, memoranda, electronic communications and
other documents pertaining to the sale of the Village of Colonial Peddlers property to Giant
Foods in September, 2003, including but not limited to negotiations, proposals, confidentiality
agreements and all documents generated in conjunction with 1he transaction.
5. Any and all correspondence, notes, memoranda, electronic communications,
contracts, engagement letters, agreements and/or documents pertaining to any and all services
provided by Wolfe & Shearer to Defendants RJ. Shultz Entel]orise and/or Richard J. Shultz with
respect to the Village of Colonial Peddlers property from 1999 to 2003.
6. Any and all correspondence, notes, memoranda, electronic communications, and
documents pertaining to the execution of the Commercial Lease entered into between Plaintiffs
and Defendants on or about February I, 2003 for space within the Village of Colonial Peddlers,
including its condition prior to entry into the lease, negotiations occurring prior to execution of
the lease, and all representations made by Defendants with respect to these premises.
5
7. Any and all documents in support of Defend,mts' contention (in Paragraph 4 of
their Answer to the Complaint) that R.J. Shultz Enterprises was the owner of the Village of
Colonial Peddlers and that Richard J. Shultz, Jr. did not possess any ownership interest.
8. Any and all documents in support of Defendants' contention (in Paragraph 5 of
their Answer to the Complaint) that R.J. Shultz Enterprises was the owner and operator of all but
one of the shops containing gifts and collectibles and that Rkhard J. Shultz, was not the operator
of said premises.
9. Any and all documents relating to the shut down of the Peddler's Courtyard Cafe
by the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services
in June, 2002 and all documents in support of Defendants' contention that the shut down was
only for "one or two days" (as alleged in Paragraph 8 of their Answer to the Complaint).
10. Any and all documents pertaining to inspections performed by the Pennsylvania
Department of Agriculture, Bureau of Safety and Laboratory Services in 2002.
11. Any and all documents relating to Wolfe & Shearer's involvement with
Defendants and the Village of Colonial Peddlers between 1999 and 2003.
12. Any and all documents relating to negotiations, offers of sale, proposals and/or
communications made by or on behalf of the Defendants, with Giant Food Stores regarding the
Village of Colonial Peddlers property between 1999 and 2003.
6
DUTO LLP
j
/'
Date: May 2, 2004
aren S. Coates, uire
Attorney ID No. 52654
Attorney for Plaintiff
Commerce Towers - lOth Floor
300 North Second Street
Post Office Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
Attorneys for Plaintiffs
7
CERTIFICATE OF SERVICE
"t/I-
AND NOW, this :.t day of May 2004, I, Karen S. Coates, Esquire, hereby certify that I
served a true an correct copy of the foregoing Request for Production of Documents by first
class mail, postage pre-paid, at Harrisburg, Pennsylvania, addressed to the following persons at
the following addresses:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
Attorney for Defendants
.~"
8
KELLY. HOFFMAN & GODUTO LLP
ATTORNEYS AT LAW
COMMERCE TOWERS - 10'" FLOOR
300 NORTH SECOND STREET, HARRISBURG, PA 17101
POST OFFICE Box 62003, HARluSBURG, PA 17106-2003
TELEPHONE (717) 920-81 00
FACSIMILE (717) 920-0691
Karen S. Coates
Extension 116
kcoates@khgllp,com
June 17,2004
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
Re: Lehman v. R. J. Shultz Enterprise, Inc., et aI.
No. 04-00651 - Cumberland County Court of Common Pleas
Dear Mr. Petrie:
On May 5, 2004, we forwarded a Request for Production of Documents to Defendants
R.J. Shultz Enterprise, Inc. and Richard J. Shultz, Jr. Over thirty (30) days have elapsed and we
have not yet received a response. Please be advised that if the documents are not forthcoming
within the next ten (10) days, we will be filing a Motion to Compel.
KSC/jaa
cc: Robert S. and Ketha M. Lehman
l' K /1 I A II ,I t3 I)
CERTIFICATE OF SERVICE
AND NOW, this 12th day of July, 2004, I, Karen S. Coates, Esquire, hereby
certify that I served a true and correct copy of the foregoing Motion to Compel
Defendants' Responses to Plaintiffs' Request for Production of Documents, by first
class mail, postage pre-paid, at Harrisburg, Pennsylvania, addressed to the following:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
-,
c-;;.,
<;:2
o
'Tl
,..,
~iTI
-orn
z.qX
:-::l~,J
~4\f~
'~rJ
<
C__.
c~
i'--
Ul
-";~J
1",'
c'1
CO
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERTS. LEHMAN, and
KETHA M, LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
v.
CIVIL ACTION-LAW
RJ. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR,
Defendants
JURY TRIAL DEMANDED
MOTION TO COMPEL DEFENDANTS
TO RESPOND TO PLAINTIFFS" FIRST
REOUEST FOR PRODUCTION OF DOCUMENTS
AND NOW, comes the Plaintiffs Robert S, Lehman and Ketha M. Lehman, his
wife, by and through their attorney, Karen S. Coates, Esquire, and file the within motion
seeking to compel Defendants to respond to Plaintiffs' First Request for Production of
Documents and in support thereof, aver as follows:
1. Plaintiffs Robert S, Lehman and Ketha M, Lehman commenced this action
by filing a Complaint on February 17,2004.
2. Plaintiffs' claims arise out of a Commercial Lease entered into on
February 1,2003 for premises previously owned by the Defendants, which premises were
sold shortly after Plaintiffs assumed occupancy. In this action, Plaintiffs seek to recover
damages for breach of contract and unjust enrichment.
3. On May 5, 2004, Plaintiffs served Defendarlts with a Request for
Production of Documents. A true and correct copy of the Request is attached hereto as
Exhibit "A."
4. Pursuant to Pa.RCiv.P. 4009.12, Defendants were required to respond to
the Request for Production within thirty (30) days of service.
5, When Defendants failed to respond to the Request for Production,
Plaintiffs' counsel wrote to Defendants' counsel noting that the discovery responses were
still outstanding and requesting that the documents be produced within ten (10) days. A
true and correct copy of the June 17, 2004 letter is attached hereto as Exhibit "B."
6. As of July 12, 2004, Plaintiffs' Request for Production has been
outstanding for more than sixty (60) days and Defendants (a) have not requested an
extension of time within which to respond to Plaintiffs' reasonable discovery requests;
(b) have not filed answers or objections; and (c) have not produced documents
responsive to the requests.
7, The documents requested by Plaintiffs are re:1evant to the subject matter
involved in the pending action and information sought is calculated to lead to the
discovery of admissible evidence, Moreover, Defendants have not asserted any privilege
nor have Defendants interposed any objections to production.
8. Plaintiffs seek an order mandating that Defendants produce all documents
responsive to Plaintiffs' Request for Production within ten (10) days and the imposition
of an appropriate sanction in the event Defendants fail to comply,
WHEREFORE, Plaintiffs Robert S. Lehman and Ketha M. Lehman respectfully
request that this Honorable Court order Defendants RJ, Shultz Enterprise, Inc. and
Richard J. Shultz to answer Plaintiffs Request for Production and produce all documents
responsive thereto within ten (10) days or suffer sanctions.
DATE: July 12, 2004
en S. C , Esquire
Attorney ID No, 52654
2215 Forest Hills Drive
Suite 37
Harrisburg, PA 17112
(717) 541-8299
Attorney for Plaintiffs
KELLY , HOffMAN & GODUTO LLP
ATTORNEYS AT LAW
COMMERCE TOWERS _10'" FLOOR
300 NORTH SECOND STREET, HARRISBURG, P A 17101
POST OFFICE Box 62003, HARRISBURG, P A 17106-2003
TELEPHONE (717) 920-8100
FACSIMILE (717) 920-0691
Karen S. Coates
Extension 116
kcoates@khgllp.com
May 5, 2004
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
Re: Lehman v. R. J. Shultz Enterprise, Inc., et ~ll.
No. 04-00651 - Cumberland County Court of Common Pleas
Dear Mr. Petrie:
Enclosed please find Plaintiffs' Request for Production of Documents addressed to
Defendants R. J. Shultz Enterprise, Inc. and Richard J. Shultz" Jr.
Should you have any questions, please do not hesitate to call.
Very truly yours,
I
1,.-, . ,,' J
I \..._ ""...."... it.. '
,....,.L..
. ':7 ",' J
'k.o~
I
./ (.f
Karen S. Coates
KSC/jaa
Enclosure
cc: Robert S. and Ketha M. Lehman (w/enc.)
/f' 1 /)
f)(H/~1I I/)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
v.
CIVIL ACTION-LAW
R.J. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR,
Defendants
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS
TO: RJ. Shultz Enterprise, Inc.
Richard J. Shultz, Jr.
c/o Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiffs Robert S. Lehman and
Ketha M. Lehman request Defendants to supply within thirty (30) days the originals or authentic
and legible copies of the documents and things hereinafter identified to the offices of Kelly,
Hoffman & Goduto LLP, Commerce Towers, 10th Floor, 300 North Second Street, Harrisburg,
Pennsylvania 17101.
This Request for Production of Documents shall be d'eemed to be continuing in nature so
as to require the production of further documents obtained b'etween the date this present request
is responded to and the date of trial, or such earlier time as the Court in this case may fix as the
deadline for the production of documents which are to be used or will be usable at the time of the
trial of this case.
I. INSTRUCTION~
I. In answering these Requests for Production of Documents, the respondent shall
furnish all information available at the time of answering, induding information in the
possession of any and all representatives, agents, or attorneys and shall supplement the responses
whenever necessary in accordance with the Pennsylvania Rules of Civil Procedure.
2. Each Request for Production of Documents shall be answered separately and as
completely as possible. The fact that investigation is continuing or that discovery is not yet
completed shall not be reason for failure presently to answer each request as fully as possible.
3. If any form of privilege or other protection from disclosure is claimed as a ground
for withholding responsive information, respondent shall set forth each and every fact supporting
the claim with sufficient specificity to permit full determination by the court as to whether the
claimed privilege or protection is valid. With respect to a doeument regarding which a privilege
or protection is claimed, a respondent shall set forth that document's name, date of creation,
identification of the author and all other information required for identification of the document
without revealing the information for which the privilege or the protection from the disclosure is
claimed.
4. For the purposes of these discovery request, the singular form shall include the
plural, and vice versa; the masculine form shall include the feminine, and vice versa; and the
words "and" and "or" shall be construed conjunctively or disjlillctively, whichever construction is
required in order for the request to have its broadest interpretation.
5. "Person" shall mean, without limitation, any natural person, corporation,
partnership, limited partnership, association, joint venture or any other business entity,
organization, firm, or arrangement or any other type of person.
2
6. "Document" or "documents" shall mean all written or printed matter of any kind,
including the originals and all non-identical copies thereof, whether different from the originals
by reason of any notation made on such copies or otherwise, including without limitation
minutes, agendas, contracts, agreements, reports, summaries, inter-office and intra-office
communications, offers, notations of any sort of conversations, diaries, appointment books or
calendars, teletypes, telefax, thermafax, confirmations, computer data (including information of
programs stored in a computer, whether or not ever printed out or displayed), and all drafts,
alterations, modifications, changes and amendments of any of the foregoing, and all graphic or
manual records or representations of any kind, including without limitation photographs,
microfiche, microfilm, videotape, records, and motion pictures, and electronic, mechanical or
electric records or representations of any kind, including without limitation tapes, cassettes,
discs, magnetic cards, and recordings.
7. "IdentifY", when applicable to a document, shall mean to state:
(a) the title of the document and any distinguishing file or department number
assigned thereto;
(b) the date the document was originally prepared or created;
(c) the identification of the author, creator, sender and/or originator of the
document;
(d) identification of all persons to whom the document was sent, directed or
addressed, and identification of all persons who are in possession of the original and any
copy of the document;
(e) identification of the present custodian of the document;
(f) the present location of the document.
3
8. "Identify", when applicable to a person, shall mean to state:
(a) the person's full name;
(b) The person's present and/or last known address and telephone number;
(c) an identification of the person's present and/or last known employer;
(d) an identification of the person's present and/or last known title or position
of employment.
4
II. DOCUMENTS AND THINGS REOUESTED
I. Any and all correspondence, notes, memoranda, electronic communications or
other documents which in any way discuss, or pertain to salt: of the Village of Colonial Peddler's
property for the five year period preceding the sale of the property to Giant Food Stores in
September, 2003.
2. Any and all commercial and residential leases entered into by Defendant(s) for the
space located within the Village of Colonial Peddlers, from :2000 to 2003.
3. Any and all correspondence, notes, memoranda, electronic communications or
other documents pertaining to negotiations, proposed offers of sale, and lor sales agreements
relating to the Village of Colonial Peddlers property from 1999 to 2003.
4. Any and all correspondence, notes, memoranda, electronic communications and
other documents pertaining to the sale of the Village of Colonial Peddlers property to Giant
Foods in September, 2003, including but not limited to negotiations, proposals, confidentiality
agreements and all documents generated in conjunction with the transaction.
5. Any and all correspondence, notes, memoranda, electronic communications,
contracts, engagement letters, agreements and/or documents pertaining to any and all services
provided by Wolfe & Shearer to Defendants R.J. Shultz Entt:rprise and/or Richard J. Shultz with
respect to the Village of Colonial Peddlers property from 1999 to 2003.
6. Any and all correspondence, notes, memoranda, electronic communications, and
documents pertaining to the execution of the Commercial Lease entered into between Plaintiffs
and Defendants on or about February 1,2003 for space within the Village of Colonial Peddlers,
including its condition prior to entry into the lease, negotiations occurring prior to execution of
the lease, and all representations made by Defendants with respect to these premises.
5
7. Any and all documents in support of Defendants' contention (in Paragraph 4 of
their Answer to the Complaint) that RJ. Shultz Enterprises was the owner of the Village of
Colonial Peddlers and that Richard J. Shultz, Jr. did not possess any ownership interest.
8. Any and all documents in support of Defendants' contention (in Paragraph 5 of
their Answer to the Complaint) that R.J. Shultz Enterprises was the owner and operator of all but
one of the shops containing gifts and collectibles and that Richard J. Shultz, was not the operator
of said premises.
9. Any and all documents relating to the shut down of the Peddler's Courtyard Cafe
by the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services
in June, 2002 and all documents in support of Defendants' contention that the shut down was
only for "one or two days" (as alleged in Paragraph 8 of their Answer to the Complaint).
10. Any and all documents pertaining to inspections performed by the Pennsylvania
Department of Agriculture, Bureau of Safety and Laboratory Services in 2002.
II. Any and all documents relating to Wolfe & Shearer's involvement with
Defendants and the Village of Colonial Peddlers between 1999 and 2003.
12. Any and all documents relating to negotiations, offers of sale, proposals and/or
communications made by or on behalf of the Defendants, with Giant Food Stores regarding the
Village of Colonial Peddlers property between 1999 and 2003.
6
Respectfully sUQfl1itted,
aren S. Coates, uire
Attorney ID No. 52654
Attorney for Plaintiff
. th
Commerce Towers - 10 Floor
300 North Second Street
Post OfJ1ce Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
/'"
Date: May 2, 2004
Attorneys for Plaintiffs
7
CERTIFICATE OF SERVICE
_"tIt--
AND NOW, this ~ day of May 2004, I, Karen S. Coates, Esquire, hereby certify that I
served a true an correct copy of the foregoing Request for Production of Documents by first
class mail, postage pre-paid, at Harrisburg, Pennsylvania, addressed to the following persons at
the following addresses:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
Attorney for Defendants
8
KELLY. HOFFMAN & GODUTO UP
ATTORNEYS AT LAW
COMMERCE TOWERS - 10'" FLOOR
300 NORTH SECOND STREET, HARRISBURG, PA 17101
POST OFFICE Box 62003, HARRISBURG, P A 17106-2003
TELEPHONE (717) 920-8100
FACSIMILE (717) 920-0691
Karen S. Coates
Extension 116
kcoates@khgllp.com
June 17, 2004
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PAl 7111
Re: Lehman v. R. J. Shultz Enterprise, Inc., et 211.
No, 04-00651 - Cumberland County Court of Common Pleas
Dear Mr. Petrie:
On May 5, 2004, we forwarded a Request for Production of Documents to Defendants
R.J. Shultz Enterprise, Inc. and Richard J. Shultz, Jr. Over thirty (30) days have elapsed and we
have not yet received a response. Please be advised that if the documents are not forthcoming
within the next ten (10) days, we will be filing a Motion to Compel.
KSC/jaa
,
I
/!~
I
cc: Robert S. and Ketha M. Lehman
t K /11 A II ,I t3 I)
CERTIFICATE OF SERVICE
AND NOW, this 12th day of July, 2004, I, Karen S. Coates, Esquire, hereby
certify that I served a true and correct copy of the foregoing Motion to Compel
Defendants' Responses to Plaintiffs' Request for Production of Documents, by first
class mail, postage pre-paid, at Harrisburg, Pennsylvania, addressed to the following:
Charles E, Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
~, 0
c;=."
c::,) "
L. -....
~
C:.: fi'l .,.,
r"- i':-o;.
-0 fT1
--')0
c...n 6.1
-~.I ~,-:-.>
-1:J i~r; ;:~
,
~;:\ d.
r,,)
. '~5
(<'1
. CD <
..v
JUl 1 6 2004 V \
IN THE COURT OF COMMON F'LEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M, LEHMAN, his wife,
Plaintiffs
No, 04..651 CIVIL TERM
v.
CIVIL ACTION-LAW
RJ. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
ORDER
ANDNOW,thisU....dayof ~....t...,
, 2004, upon consideration of
Plaintiffs' Motion to Compel Defendants to Respond to Plaintiffs' First Request for
Production of Documents, it is hereby ORDERED that Plaintiffs' motion is GRANTED.
;4.~
Defendants shall pwviae anB'.\efS telbe ~u,",.it.J m.1tl plodlu.,"," au) a.ua &1 dU\.tWllvIitg
~ CVl)
:tef}lQRsi\'e to the requests within ~R (10) days of service of this order.
BY THE COURT:
/ld
~.O~
0: l}V
o
,,-1
,'\11\)n'~"" ~: ..:~':~~:--i:J
S2 :8 [,\\1 921rnOOZ
A\J\il.O>lC~AJ.Ct1d 3':11 ':10
j~)\:~.~()-(J:n\j
IN THE COURT OF COMMON I"LEAS OF
CUMBERLAND COUNTY, PENNiSYLVANIA
.~i
ROBERT S. LEHMAN and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
vs.
CIVIL ACTION - LAW
R.J. SHULTZ ENTERPRISES, INC.
and RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
RESPONSE TO PLAINTIFF'S MOTION TO COMPEL AND
DEFENDANTS' NEW MATTER
NOW COME the Defendants, R.J.SHULTZ ENTERPRISES, INC.,
and RICHARD J. SHULTZ, JR., by and through their attorney, Charles E.
,<-
,
Petrie, and respectfully respond to Plaintiffs' Motion to Compel
Defendants to Respond to Plaintiff's First Request for Production of
Documents as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Adrnitted.
5. Admitted.
6. Admitted.
7. Denied. Defendants are not in possession of any documents
that have not heretofore been provided to Plaintiffs.
8. No responsive pleading required.
NEW MATTER
9. Defendants hereby incorporate their answers to paragraphs 1
through 8 above as if fully set forth herein.
10. Attached hereto as Exhibit "A" is a list of documents provided
to Plaintiffs by Wolfe and Shearer, Realtors.
11. Defendants are not in possession of any documents in addition
to those provided to Wolfe and Shearer.
Respectfully submitted,
~(L~
CHARLES .~. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
(717) 561-1939
Attorney for Defendants
JUN-23-2004 11:12AM FROM-WOLFE' SHEARER REALTORS
+T1124304T2
T-TII P.002/002 F-281
DOCUMENTSPERTADUNGTOCOLON~PEDDLERS
. Consumer Notice signed by Mr. Shultz dated March 2002.
. Listing Agreement to lease the restaurant space date:d 27 March 2002 w/
extension to March 2003.
. Copy of Central Penn Multi1ist listing.
. Flyer advertising restaurant.
. Listing Agreement between Mr. Shultz and Wolfe &. Sbearer, dated Nov, 21,
2002, to sell Colonial Peddlers exclusively to Giant Foods with an expiration date
of Dee 31, 2002 if a sale did not taJce place.
o Listing Contract and sale negotiations with Giant terminated.
. Letter of Intent dated January 24, 2003 from Lehmeill$ to Shultz Enterprises.
. Copy of Restaurant Inventory.
. Lease between Shultz Enterprise Inc. and Robert aII.d Ketba Lehman
. Letter from Lehmans to Wolfe & Sbearer coneemiIlg leasing of additional space
dated February 21, 2003..
. Listing Agreement between Mr. Shultz and Wolfe Ire Sbearer, dated May 20,
2003. to sell Colonial Peddlers exclusively to Giant Foods with an expiration date
of July 31, 2003 if a sale did not take place.
o Letter of offer from Giant Foods to Mr. Shultz dated June 5, 2003.
. Agreement of Sale between Giant Foods and Shultl: Enterprise Inc. dated
August 8. 2003.
o Copy of Agenda for settlement dated September 24, 2003.
. Copy of lease between Mr. Shultz and Giant Foods to lease back the property for
a "Going out of Business Sale", also dated September 24. 2003.
. Copy of Scttlemcnt Sheet for sale of Colonial Peddlers to Giant Foods dated
September 24, 2003.
EXHIBIT "A"
IN THE COURT OF COMMON IPLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT S. LEHMAN and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
vs.
CIVIL ACTION - LAW
R.J. SHULTZ ENTERPRISES, INC.
and RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I certify that I sent a copy of the foregoing Reply to New Matter and
Counterclaim to the Attorney for the Plaintiffs, Karen S. Coates, Esquire,
at her offices at 2215 Forest Hills Drive, Harrisburg, Pennsylvania
17112, by U.S. First Class Mail, postage prepaid.
~~ [A-,
CHARLES E. PETRIE
ATIORNEY FOR DEFENDANTS
1"'<)
l-:;-~,:"
C~)
..0;-
C)
~i I
.....
f~i :.TJ
rm
:-~i rTl
i'r
:'~CJ
~'r: :!')
, ~) . '..1
>;;~ C)
': Srn
~i'J
--<;
,\.)
:::-'..
I.f:
(.,)
o.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
v.
CIVIL ACTION-LAW
R.J. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR,
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MA TTEIR SET FORTH
IN DEFENDANTS' RESPONSE TO PLAINTIFFS'
MOTION TO COMPEL
AND NOW, come the Plaintiffs Robert S. Lehman and Ketha M. Lehman, his
wife, by and through their attorney, Karen S. Coates, Esquir,e and file the following Reply
to New Matter set forth in Defendants' Response to Plaintiffs' Motion to Compel:
9. No response required.
10. Admitted.
II. Denied. It is specifically denied that Defendants are not in possession of
any documents in addition to those provided by Wolfe & Shearer. By way of further
reply, Plaintiffs Request for Production of Documents directed to the Defendants
included additional items that were not requested in the subpoena issued to Wolfe &
Shearer. Moreover, the requests directed to Mr. Shultz and RJ. Shultz Enterprise
included documents which may only be in possession of the Defendants. This would
include the documents sought in Request Numbers 2, 3, 6, 7, 8, 9 and 10. To date,
although over twenty (20) days have elapsed since the Court entered its Order on July 26,
2004, Defendants have failed to respond to the Request for Production of Documents. If
a formal response is not forthcoming within ten (10) days, Plaintiffs will file a Motion for
Sanctions.
DATE: August 16,2004
CERTIFICATE OF SERVICE
AND NOW, this 16th day of August, 2004, I, Karen S. Coates, Esquire, hereby
certify that I served a true and correct copy of the foregoing Reply to New Matter
included in Defendants' Response to Plaintiffs' Motion Ito Compel, by first class mail,
postage pre-paid, at Harrisburg, Pennsylvania, addressed to the following:
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg,PA 17111
,~
Karen S. Coates, Esquire
r-~,'
c::) C)
~;2 ~'\)
-.l
--,~
(',)
1')
-J
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT S. LEHMAN and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
vs.
CIVIL ACTION - LAW
R.J. SHULTZ ENTERPRISES, INC.
and RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
DEFENDANT'S RESPONSE TO PLAINTIFF'S REPLY TO NEW MATTER
SET FORTH IN DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION
TO COMPEL
NOW COME the Defendants, R.J. SHULTZ ENTERPRISES, INC.,
and RICHARD J. SHULTZ, JR., by and through their attorney, Charles E.
Petrie, and respond to Plaintiff's Reply to New Matter Set Forth in
Defendant's Response to Plaintiffs' Motion to Compel and Defendant's
New Matter as follows:
1. A copy of Defendant R.J. Shultz Enterprises, Inc.,'s deed to the
premises is attached hereto is attached hereto.
2. A copy of a Lease between R.J. Shultz Enterprises, Inc., and
,
Robert S. Kirchner is attached hereto.
Respectfully submitted,
~;-:~
CHARLES E. PETRIE
3528 Brisban Street
Harrisburg, PA 17111
Attorney for Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT S. LEHMAN and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
vs.
CIVIL ACTION - LAW
R.J. SHULTZ ENTERPRISES, INC.
and RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I certify that I sent a copy of the foregoing DEFENDANT'S
RESPONSE TO PLAINTIFF'S REPLY TO NEW MATTER SET FORTH IN
DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL
to the Attorney for the Plaintiffs, Karen S. Coates, Esquire, at her offices
at 2215 Forest Hills Drive, Harrisburg, Pennsylvania 17112, by U.S.
First Class Mail, postage prepaid.
{' ~ cA.-o
CHARLES E. PETRIE
ATTORNEY FOR DEFENDANTS
AUIl-! 4-2003 01,!9A~ FROIHOLFE , SHEARER REAL WRS
r
"
~
,
f.
;'
\ I
,
"
,I;l::
it I' l:ji:
~: il'il:
i. i. , ~
',H\\.
'",.
; J"\'
.1.'
\,:J'I"
I :Io':!
\. .';~l \!; .
,. 'I'"
i :11";;
. 11'!.I':
i'i[I};
" .~1 !
1J!, I,'
~ ~r.~' .:; ;
t ..~ j " I'" "
~tfll
h,~', ,
. '::i; :
":\1" \.
: :i (~ . : I
'IJ i
i'l' lli~ II
. I l"
\'I~ i'!
.,1 '\:
- ij'l i "
ij 11;~ l~'
I"~ I
Jii ,Ii
, "I~
! I:,:
I I.
'Ii ,"
, I~
',I,
J1. "I:
.. '~b
:'1
: ~ jI
;:
ir
,d
", I:
q ~l
'I
",
It
I
;
:1 ;/
1'1'
I, ,
, i;~ :
~'g{\: '
.TI7Z4l0m
HIT P,002l002 F-283
1this 3.attd
.ctUElHlrtlcr fl.
ucoun" 'fitS..
ClMIlRUItI e",n-
rt""Ll"'lI
d.~
.event:.y-four
do1,L D'
(lY14)
~-A-
, Mode 1M
I Hi_Ie... "u.,.drccl' ancf
"
I IId'.elI CIlAR\.ES II. STOllER and MAR'! E. STOm:a, 1\10 ..Ue,
\ Well_vill.. York Cou~ty. PennsyLvan1a
AND
R.' J. SHULTZ ElftERPftISES INC.1. Pennsylvania CorpotaU
having It. principal office in Kiddl..ex To""ship, C\IaIler-,
land County, Pennsylv.nia. .
'UllmrJsrm. th.ti.c...i.w.l;..../ ONE II\INDREP TllEIITY-FIVE THWSAND AIlD
_____________._____...___...._____________.___..__($125,000.00
in hnrltl pnid. the rrcripl11,hrrt'D/ i. Al't'cby flCIatO'I'Itd,..,J. tlH' ..id CI'Q,*t""a
hrt.w" ,rant ,uu/conwl/ tta tire 141111 Grlm'<<, ita 8Uc:lCel.or.
i!
i
ALL THAT CE&TAIN tract of land I togcu:her with the 1mpl'oveMdtt
e~ected~ situace 1n Middlesex township, Cumberland
van1', bounded and described a. follows, to w1t:
BEGINNING at a point marked by a brad in the center of the pOI
T-510, allo known '1 Shady Lane on the bridge over the Letotl
thonce by the .enter line of .ald township rOld, Horth 21 de~
minutes West 188.85 f.et to , point; thence by the I... North
dearees 12 minute. Welt 149.13 feet to << tJo1nt; thamce by thl
North 32 desreea 18 minute. Wele 188.42 feet to a point; t~
now or late of lichard I. OID_niel South 52 degree, '7 m{nutn
feet to 8 POlnCi thence still by lan4s now or late of 0'Dan1.1
de&r~.. 26 minutes East 421.31 feot to _ point: thence by 1...
l.ee ol K. A. Wooda, No~th 60 desree. 51 minute. 30 second. ~
feet to a point; thene. .till by the same dorth 84 degree. 4'
East 166.15 feet to a point, the PUc:e of BEGIIIHIIIG.
CONTAINING 2.87 acres and having thereon e~ected . thr.e~.ta
dwol1ing and shoppinS vil1ago,
BEtKe tract B on a survey prepared by D.
De.ember 29, 1967 Ind Hor.h 12, 1968,
BEING the ....e premisea "hi.h Ri.hard E. O'Oan1el and Lois I.
hio Wife, by their deed dated June 2, 1971 and ra.orded in
COUdtl Deed Book C, Volume 24, Pag8 077, Branted and con_e78
ChaJ::le. H. Stoner snd Kary E. Stoner, hi. 111fet gt81\tOl"' her...'
also the deed between the .ame parties r.co~ded 1n Cumber1."
D.ed Book D, Volume 23, Plge 852.
UNDER ANn SUBJSCl" to 8 certain twenty (20) loot .Aaitery .......
a. ree:orded in Cumbll!'tland County Ml.e:. Book 19;. rap 589.
t't~"di4.tdJn _.. L(!Z~.N4.~
I o;.t. Cwwb. Co.. ,~.-"7 ~ c.m:"~'
~..IIH.'..':?.._.... $." 1....-- T....f.. ,... 00
~~r;ff5~ "'~~~~~
I ~c..7__... 'l1s 'r'';$:_.... "'.~ ~
I ... C~~~')NV.t;lT:. c..: ;"":~l~~...L..~..SI:. = .. c"1.'Mr;"",':(!.'TII 'A m'::-~'f:.lfI'J
0::... ur,'\k,Ml,n 0' StI....u'lIi .::::: ...... J:!:;:,Ic~:'H 0;. NY":"
'11\1,1,' tf"'t~:1 Ig - ",4.~~ =-==6.~
_ :::......u".. ~13!iO'IJO'~ : ~.of:'!l:...a;n. ~ dOo.O
Q r....IIU. J.;:: i;&r~ ;.u.t 31d '111111;
Ji. No
! (J G "'I~./
/""I,.A
IA", fo
do .1']
);,
or
R
J.(
37r
..~ ..., a-.
.........""
r.~1.
Commercial Le<lse
illJ,hi i\t}l"l'l'tltL'l\t "I Lc..." "".",.., Iht.
LI......... ~"To ..~H-- ."tH'~.uJI" ~
flobeRt s. ~ I r..t^flt'L .,1 II... ...".... !.,.t
l\1Unrt'1 !\\'Ut. th"t the laid party. in 4;u",.ic,h:,.li~m of ,1", IlI)uh "'.", t:CII\,clIlllnh hr:rt!inah~. .n"1I1'.mt~t.\, .:,..
,lcmi,t' l"ull~t\!J~ unto t"~ s:,i,lstcol\C1 \):'uty. 10 ".-: ".u:.1 "lit -i....,:f.,.c... "'<tis, the In':mi~\.:-. !';,:",;dC"
i..ll.. TLv1' tit- ffI"UJlt5e>f! Cou"ty,,( Cw"""fA.,il '''''~ Sin",' ..I I""'.n..'" 0";.
d(,l~filwcl n, ruUnwtt. tn wit:
11, F=,Il~1
t~"Jy
~ .,"'"
d,.)' 01 "'1I6,,~r
t.I). W.16ol1:;l
uf the onr. I",rt. :;md
~,..,. jJ.,'O s')
r ~i/e.1b I (00
UN1
FI(J(If.. If
W.(I~
\.~
'"
H~,/
17(1''''
V"I~
~ ~()lhJ ,,t,
lijo ifi;,nn.~ i.\lt\'t Wll 1finli\ un'" ,he li4,i.J ",~q.lIlll ,"'tly, ft,.hi~t in tile c',ntli\,n". C,lr this ^'~'f'C:U":.nt. fur \h~ lern\
. . ^" L_ .~.l1- Ir"
b~llinninll on the 'lor d..y 01 __"'~tlJfUQo. '" - . lint! ..".Iin:! "" tho "41 d"y 01 "1I/1/(S7 Ie ~r1'
~" l!lJ)l1!;i~l'rut\lt." uflUl!ltI, 11.0 o"i.\ ."cun" I....~ 11(:'''''' II,n\ ~e... )will \lay t" Ihe ",1.1 fIr.' ~"'I)' ,""
,he """ .,1 ....,\ pIC"'..... the ........1 T-.f) .r..... 'floI~J! (<I ~y'~ 1)01\0.. ond ul'.." .:on""..,,"on
hct~in..rtt:.. ,nenlioned I);"y~bl('! a!l foI1uw_: vi!:. ill ".anlbfy iuettlUm(':.,'" of "U. ~ -) Da.e... Th tHA,~
()ol1.ra ill adv8hce ull the fl'tsl day of r.a,h cftlr.ln\a' ,",,,,u. dur\nu ,Ite tC!lm. .
1Ht IlF:MISE IIItltE1N CONTAINEn i. Mad", .,,~, .cc:pr"J,1 01\ thlr r.,l1nwlnt: f:~ll"e.. ~trndilion.:
I. No wpstfl: .h.n be ~o"'tninf:d; pnd It' ,h. tmd vi .1,,, J,,~11C!'ttl, th" d'",'.'lJ Jot>:.",_,,!. .1...n b~ .t"Ii,,"rrl'd hI It) voud
ccmditl'"' .. "t '''eo COl'Y\mc:nl{,en\...\ then."f. onlinntY 'n.r nutl tdft... .,,,,,1 ult:.vuld.Me dtlIRa." by 11,... ...npcl!l ."d li.hll"lin!
t!~('''J),.d.
2. orin' ..."', '1t'''';'''fltl .han 1,'1 Pt""I,'111.,~hI an .1,.. .r:",=r19' dh)'ll al.~ tin"'. 1'.:I..iI, lI;u.c.ir,C'd whhn,.' ,lfl'du~til>n or
.l,a'll'lnt:nt, at 11,8 "...idenr.. Olf .,rineipnl illIaiC(I o. II,. ...,,1 IAI~lIu,. ,
). II '''Ii! Le.ut- .J.o"IrJ ,alllu"e or Juel'tB..!C \0 r,,'n.,Vftl '" .n~n'ltl ,~) unun~ from .bl;" J''':lI,nf'll hf'ub, J.!3~"" bl."lqrc
d.. 1l'""i"t1tiDn of Ih.. 'Il'tm Dr 01 An)' li..,g d."in~ '''0 c.ul'lln\'.,'c(I of 1,1" I,,"'.... '" I' till' l.o....ca '''hll 'III! in r!'~';l,,1t h~ llH~
p:t1"'lItnt ., any In.t..nment ., ,"Ct.I I... ,a." 1I~1l(1f1 0' It.. d.)'jII, .., .tlllll"I,II\.e,c be " de-fAllh 1n .n,. "f the ~uY"nnnIJl 'n
c<tnditlo..It ftll luuc\" r.vnIDil1"d. tI..n in .hal 4IIvo:nt. ,.nl len Ihtl \V'I1' nf 1\lrtv. ,""lId'l ne' .'he ,ale ,..hic.~ ;1 )9 the:" ,JUt
.,,,, e:on.etiW. unde' dUI tUntll nl tI.l, lu.. .tl"U in..n.:\!'''lr.11 becdh'~ ,I",", IIh.l,mYIILI. kn(I .hbt1 b" cone-c'iM. hy .li.trl/o;"1
0' oll,.~iec.
... ^, "'It e.plritlllu.. 0' du'! I.an. \,,,!: dll1"i,rd pnhth".1I ,.,nl ha f~,.I"JIL'!I' ,,1 ,hr. opt"1II 0' dlf~ Lt-..~r i.. t"~ "'n~
co..didon 111 'Wt,t~I. d'e'T war. at II,,, ~omrn,."c'm\ent n' 'bco l~t,". hn.J \1." e-Olll' 1"11 lilt!' .~\i,' h..'...u,I\on ah..1I 1.\. .,nid II,
,It. .......... .ltic.h co.1 'Will b. Ir~.ted It. .,hlilit;t"nl "!tat du_ ....d D,...I"" '''n1f1. the le-r",,_ ftf II,. Jt".tl.
5. A ',oldin. Ovel ..., t),ct lc..~. \'Illyon'ii \1'0 t,,,m ..f Ih\lIlo:-;,"1'l .hhtf bt!. 1t':11~.t'J..J..f ,,,. I,urn t., ehi. 1abn 'qr ",,"th..,
Ij"<< lorrll. end tI.. ..id 'c'~W'll't .1,.11 \ao undu 11I,.1 .u\,j,;~' "J nil tt.., ,,,,,,,'i,,ulul .." t')lIlIQint'd In '''11 "U:'t'~I"t'n' of lu.~:
proyid.,d. h"''''flY\l:I" t""'t .Q~ IUlIU\W.1 ""a\l \:" al tb", 9JI"." of 'ho I.f:'.''''',
6. -n,4!' Lfl"!;M .hF\1I :1ol It" 'iubr. tn tin, I..('Uflrl hn "")' Jllmngo ""'f.I'iG'I, 'n~', 1,It <C.Dtlnd In d.tI l.."u "1 Ihl'! t.i\".,
.,1 lite I..,.."r. il ...jell.iI"". 1. uc,,1 du," tu ""1 ',.ul1 (\11 1-1.. 1'.". ''II r."'''' VO"U'~(lIn uf ,1,,:1 'H"lI",aU he'f!in .Ie'ni.cd. .\ ,,,()
Ihul! "U...cd "pOft.
7. ~II;.I ...~...c-(l. .1.nU ""\ c:n..., _" "")' I'hlnwl"l .., imm'1"'" f'"f1'''",. In a, :.1.."" t1up (l~n.ist\d tH""li.c.. Iftnll .,,~n
n<JI i::""Y .'1'1 I!:I\Y .l"int'.. whict. ,.,iII """'''''l:''' d'l~ 1~\,iI,Jln~1 (r"," fi..:. ?r cnu.t'l ~ f.,f~hu", or n"r rue il,,,,"tor.nt.., .hn'
tt,e LeIlSO't ',11\" ... "'~Y I'en..ft... J,.."tI n" ll='icI h,."di"I~. .
e. ,."., "cine "nrll!~. tn ,.ft). .n bill, ,..,hi~h .n"7. Iln Cne"'f"!:I. tn. "01.,. h,.nt, till """",... ,,~e:d or ~nnl'luu\.'" uro" ft.'!
d"""s.~d ",.,"be"), "",'4.\'ao ~If l,iII. (n. "'lith' ttl:ht W lid. "~,,y "cr:.,uI'! tn, Wilt", "Afl.1 J,,,in: .ho 'f1U" 01 the 1r.M.f:l,. l'he
I..!!!o, ..ltl!'U 110t I,f. r~!p(lI'.1b1o in ~IIY wal' ,... t{,e '''I.ml d'1Io1 tho,! "'''pi'll)' 1ft' (,e..I i. cut .,r 1" l'C!hllon 01 i'l,I' ~.'IUs.C!: \'to)"41""
d", cop"".1 of If.. tc."." ^".llIu~ 1......11111 (,101'1' I,~..,b~ .,.1-:(1"" ,1,f'I. 1-1:'.0' r'(I'" l:'Ift)' ,bn'.ae w11i1'h In"Y ,0:,,," to hi", lty
rt"I"'."" or '''1It fztU"rlt of \,,~ "uP:11, of ',c"l. SI,o,,'" II", r.t:Il!"~" '"f. 11') r1'Y uny lli1l. 1\1I .'(J"'!I~,iJ. lll: t......., "1.,,l1lu..,._ ,"_
..1,t.I t(l 1t"1 .1!11 ,...,t', fin" "_e- D.ntlu"I ... ...i\I.I\.III.. clllhl':dablfl tl) Ulf! In.u .. ",I,U'.uu.l rent, -nl-e LC'nn ......
III k<<e.,. 'he p'~h, \'tllll" I"ltuf:d '.1 I.f. oWn ri,k.
. .,. l'h~ tt'Ste41 03U1C' '0 kf!:cl' .hll'! I...u,,;nl h, . t.","ul .,:nntlili,," ~r nJHlh. AU ,,.f"lr "r '1111 kine' !lhu'l bt nn'ond
(,"", ItU! rr.-.nit":. tlI ,'.'\ Cf)d uf \hll!:' ...e..eo ,,' 1'I':I~t I)IIC:P. q wo:~I: (Jr oh('".r, If I:e.d I.f'. ^U 'llm", .hllU hI! el"llIftl!d .n
I,...r:t II.., .M""..lkt bd.na h ."'..11 I,,,vl'! 1,(J;ten nnJ btt:nm" Illt,"Jf'...d. 511.11(.1 ,hr. 1......ee fl'ln to tam.,I, whh. ttl. p'..
",.."'", "I.thi, r.t..",.o Ctf II,. ICoft.n. tit.. f...."..u. '"")I ..'Ih.... ,',,~ '1ICOhl....ltl _",J tni11c.", n~" I'tttJ.h. ., rp.1'I'.I'" ".i,1 uf"... .nd
t!o ..n .II.er lI,h...:_ ... Ill"";" plo"ldf:ld (,0 l1e doliit' f'r "'f! I..t!:..njl!: .t \... ,,)11""1"1" 0' Ihe- LUNa, "nd "nid "llhe.,.. II,,,.
Inc.""'.:d lnrty .1,,. lie coUol:.lfld .. IiIddidol'l.' tent ""d., t'-" e.... ~. .
'0. In Ih" n."''I'I..I or '''11'I flling a' ~ f'c\j';Otl in hlmlt~lJJ'ICr' 'W'1Il~""~' ..,I""lfl" Of in,.ohl"'."Y, t,y Of" "~tlin.t ",11: L."~a
'.tn-'n. tll~r'l!: .I.bll bt"ICnh'. dne:t h-nflle-J,,,,"fy "rlnh Ih. (,In't} 0 ."t,' 1).lh''Ol1, nul f.,.. Iw.ln 'ml:mllt.. "' ,~. '.'t' dUll .".
'~1I1 if! '''CII ,....f,lJh'. ,mdu II,i" "';:'~ll'"C'" of I~=,'e-. ..,,,. tin; f.'1'lIn, l\~..51 1'3". .". "u'hu rlp)'1 i.. II'Ild "vent. '0 ,.,.felt .nd
''''Minp", 11.1, ~:'.I!. Tin' ..id f"r'e-i'",Q ,,~ Le ,,'f~(',('d I.y l:lv1n" "....UI"C in w.hinU 'n II." 1","s"C~ hllfein o. \0 the rc:r..,r\
tlleu in c;t..'Ae .,f .I...e cfenlhed ,Jre1Rlllr.". SI,ouM:ln tM'\:'ltj'H' ;!II~"r ocaln.' Ilul l...... QUI 01 ""J eou.t, \Wtlvr. lII.nlh..
t..nt "'U,Utl,t'O:"Pfll\ 1.f'f':On1G ,f'hii' Imll ..",lng:.
I'. In th" e"~h\ thn' tll~ p'."""'.!!I l.Iccut,ir.1 ,,' .he 1.t;poo .t,.sll d,',;nR ,";d Ie..," I.. d'~.I",ycd \'y r.re, the..t\-). "'''....n.
""'! IH~m;"u ".\Ittnllfl,~b-I"l and \H,lil (0' "CCq\~,,"(.y 1If,) ",n' .1111 OW",.", tln'nor ~tlUlh' il IId"..,,'I'" 10 c'On'''II~' "nflW ~u;n,l.
I"l!. \h~ f..~~""'f '''~'''lh, .t.ull .......:...IJllm In"'" . U:I .i"ht ,q C11,ncl1l'I''Il1 'o!l..,inOlIIl II.i. IU'k "f'nn r.:;"h'b rlhe.... ,1."'11)...' nnli~. t.,
wr;Ibv t'l' tlUI I.l"'nO!r\ I\l:r~i". .",tt .1,," 11:11\0 ..r Ifli" t.:;nc ,.flnll \"""1"'1"'" cO:II.e ,,' ,I.. f!!rtl'ir"'i...,, nf r\h~'tn ~';'Y!t ..h", ,hI!'
C:c.Pl'itIl.inn f.J''1l1M nnfi,=~. In '''n ""Il''''. Il~t""\."'f';'. 1II1IIot "Il'!. ."itl (J\,flrJl"t: .1,1'" b. d.,n'II:lC" 1.y lilt.,. ""I lid' dellro.'e-,f. d'e
l."Il;'U' "_vi" tllll!h:UIIUII c""",." "I': ':tIIUft lu 1,0: ,el'uhr.' .md ,,,"',,t,,,1 h. h.. fnrlnu ..,..,dhi.m. \1tI!:V hi "<:1 '''il''i 'I,t' "It''II'.h:''
pnr.;.iM.: ,iilir,"HCf-. ...e' " .he .ni,' fire ,111111 I,ayc fmuJ",..lr (I'f! Ilnmf,tll 'lIltf!"""Il1Mf'. r,!y"~.n' ~f rr"I .IHlh:rulhl~r s11nll "_
.,npenl't,;J hO"1 ,Iv: li.ue ~.,I,.." Ilia f.IJII.'lr,.! IIUCiJ. .1,"11 ,10"'" 11,,1 t'l'!'Ilor III Iud. rnnl'ilitlb. \mlil .\I(,h lil'na Ill' ,"" \wu1I.1in,.
i, '" ,"p..j,tl.1 'H\d "nuln rc-:l.Ily la, ma:.UI)"',,,r. UI\rJ 1'-" I.,:n(""! ""'",,1 nf:lel!:' '''''I i.. "\Ill 1:........9: 11,01 I'n \I,iMiu,' .halll)r ""
l'IHl1ullY rJe'Irlt)'cJ '.)' firu ,u tn ,tlhller "'1\1" I'C'I"fti.. her.I:'UlUy tlu.1 III" jlnf.1 f.."h." At,..1\ "'1""-:11"0" 1"1". '''I' .l;~h' '1.,,,..,10
,is .u".nllt 1I11~1 03OJllh. nhtl If~:u llu, ."n.~~l,b h"d nl:t'n~.. of an)',r:Illt1llntlt1f C'mllln)'",1 ")."~1~ If'....,, 111'1'\\ ""VI': Ihr. ,jt:'"
to) I"J..c- l'lfll.O:I.S..)n or ",,, 1""I"'.p'IC I~. (II" ""'l't'I'." ...1 11',Ikf.,u ,,,..I, Itll'(olJ'. ",ul ,1111 ..'" I~\a"r. "I I.UUUIIoilOlI .'".n u.. lo..
-.. ."~.. ..t .1.. t ........... I.....-;n h,...1 ",tlllU in II" Ill"""'" l.fr",.I ",ie I"~I'I .It' I~..."I"",
. ,V""
11,. ^"d .1.. ."HI ..~..c.. llerr.by ar.UIII In 'I"... t~n'(l"" '."",.\, ., ,I """ ".,a.. 'II~ j.,.",.\.",'..n ul lit. I;" ! .1)-;IAi"r.J
Jue,,,'.I". tn II." .#lld 1..C'..~r, ),.. ...i,..,U.... ..,.., '10 c.JO,.iUdiun CoIl .1,.: Itiol hutl, \t"h",;~I'\'C;; iL ...r.i' I." ')I!Il'!flUIIU!.1t
w)u,.hr.l b)' fg.rehut. u,. C111,erwiu, w.dl"'" ,. .r hu.l'lu noli eo III IhUI Cln~f'lt ,:1'11 "l1.n n~.j,tal \''':1'1': ),I'U",y w'li,'rd. And
"'.. '..i)",. ,,, (1u)' tvul dIU,'. In. the llphc:C 01 bra rI..,..I.elid!:. .},. di..IrC'llt. or ''''Wit hre'","" (,of f1IlY I,:,,,, c:,..nc!iiittll 0' tI,t.
'I':M1 die M'~AC'C ,),,,111,1: 1\ non.fr.n'lIll. .ul.jcc:1 let .Ji.,)O.....ic).. lq d... ."M 1.l&tlll, 'fi,I.",., IUllt,r,t r,utiu u, ,'fCtCCU or
I...",. ..."d, ..du... 0' cn~r ..." .1 tlA".affo., .'n,' .1.0 .,.icl J........... hhlY ,..enll!t Ihto ..__mile. IIn') l'bIH,no':" d.. ~..I:. '.,i.... "
oul tl~r.....h)' Ilt:cft",in".. ".,pAIIC,.. An,'.l.. L"...c.llr.,...l,y .,.,\".. ')'0 bene'. I ,,1...11 ""","I.,h.".l..,woll u) .MI C.n......un"....hh "','r
t;'l.t n~w .ur. in ,,,,,. uf mft>, J.a,..".. he in 'ur".. 0" it. _II)" Ilr.fi...u r,t nellCln. .,.ft& tt...Y 1I,r,r.lhr. 411' tllh r..nl.....:I, .and in' "\"
"u~ .1i.l..e-.. or ,J'.lrc~. d.M I"~Y J,. .....Julol' ~Cln.ctl,'" n' lhco ....t...l., ,'.f ..itl ....._ Of ullIY p." It":"',.... \\'..i"ln8 "I,"" .111:
1..,,,.r.1 ft' ...., .., ~Jlec....If.n, iAtttli,ilion, .Xllln.'''n. _,u] .U .l'lnn. in .n prvc"uJi'II" .,i.lnn nM u' t).;\\" l~..u.
.7. N. .1UI1I'WCA..,. .ien C'tt' h."."I1: CI, pt'OlI"dino .Iftn 0' ....rmnn...nr "t."uc.litlll ., I''')' \cirul .1u1U b. 'k.I~t ...
,,,..:tUOIIi,,.d by 'lIc .1I.....n. .n Ille "~.clll'nlio" v, .id",w..lk In ',ont h' l1:c dll",inel I.,.mi't:r. .nl.) "1'~OU' 10 b. u.e4 tlnl>,
IfI' l'-'ro.. 0' inC'rus tI..d tean... ' .
18. TI.e pIUI)' 01 dl. .c:cm..a ".,1 wiD b~..." ....y ...d .1i.chDt'... ..."en llue1 DI ,I.. .""'f! 1.",,(1"'" ,1". a...d ,..)'",1.1" .n l"; ,
iude""vnt n".t J...,.,'"I clain,. r", dam.loa Or "th.rw;'1I .U"'"II 'tlW ".,UI:' of .he rUMl (UII! Ml,lnl: 'roM ill UCI: 'lilt' "; .
C'OCCUptllll;f: ul thief Ic..cd ",.mi.c. or II,. ..J.wllne. in 't'on' And .Ido ~f .:tM I...~n,i.... ond \yilt /'0>1\1 me 1)10 Mtfdcft .ntl
r.a..cnlll\ 0' J~rt:ndi"tt an .\lc" ,nib. IVhel"" '.ro..,..1 \.c:I...u I}.. r~,.,hlllilllt ..., d.is )~"J1r llnu ,yi1} 1,,1",1....'. inll.ln"if,. .it"
.""C hntl\!I..,.a el.. ,..,d I,..,ly ol'''e Ii,.1 pa", '.h "1f'nlll. ..t:t,,"..llII, 1I1Y1I.tAY'IU IIn,l "\lbli~ .,t };,;"l'l 'IY ,....,.on 01 <II' on '~
'-CCofIllt., a' tI'l! 'n. 0, mhn..e ., the p'lI:lni.r.. herch, 11f".~u' ",. II.. .ide"',,U,; ill "b',' of 1)1.. Mi,l Ph'miu.. ur ..ny p.,'
."~...,,. d.,. ,. .1.c "..lic.:nc:. 0' d"l 1.1:i1'II!'e ., ..,. "I:"UI', '
I~. .,'..,: in c,on.idehUtQn 0' "lIl'cloIrinu II.. w.IMn le.!lt' ftt II.. ...1.01'" ,1..lclI .1:111. .41',) '.r.."~1' .luI's llue"y 'Ic).... lint! ~,
Iti<<lu..."c uiJ L~uo,. '1'. I,,:.,. "I' ...;"'.. ,.."' en)" _fUr..1I 'i.bllfl)" (r.F d..".u&' I'.,.t nlilY fil".'lh frnRl .hll h.fl.i"...."
.'"PI'.C'. .I.d '..1'''1:. .r 'my WAtCOI' r.t,.. ... t1JI'~. 'I:W~" l,,,.fh, "'MU.r.I"..I. alvlUn ""1" .nd "'o'"i,.. .lIul funA ..II Ii,bilil~ '
fit' .,11)" .1".1 ~II dan'Qne ~D".cd by t ,1': Will p.r. c.... .111;1111. '........:. ,,",I Enlllel111 ", ..ieI ~...hr l'il'~I>, I:.HI I,i,).... "'''.111 riru. .'
."W""". 11...ifl~, Wllhfr.",'a.c,.. ..nd dr:oinl. "
. 20. It i. euu~"ully uncl.r.tuod It,. .lte: p.r..... thll' .I,u ',",u.l. lI,hl<<"lle... r. '''II.rtetl.:d in 1M.. _Cree-,n.tlt .ft.I d.... ".:'
1,,,,1 0' ilel'll i. <o.tlilt~d. . ' . ',:
. 21. .1'1111 ..clJ,,,1 pllltt)" do.. .I.n h...lty w.ive .n)" "l\cI,,1I .h.manrl lor 11"""'11"' nr th_ re"ll,u"i" ".o"i,).d '~r. .iI"_..
0.1 t'UI d." clul or "n IIny "tI'lI!l' c'"y. ..,I"" 011 till lilInd ihlltf '" .11I .,., ...I'e. p1Ii1C41. .",11I ""<<It I1ml l'itc). d_m."d .....n ,...
i._ " cpndj,ion Ib' r.~C''''''J'' .t 01 recoy"l'J' of P.,,,..IIiCln will,out lr.r.IJ) 1,,1)r:C'.. I., llY ",...nll el' .u.y CICf,un or p...c:ud1"I".
..,h""'Dc...~r.
22, The J!!!R"ee. hi. heirs. distributes, executnrtJ, Jettel repr'~s(,Hu,c:iYOB o~,;,.> I.
Ras hlna shall not underlet, collect Or accept the occupancy of ony 01 her person' ,.,'.
on the pre..iile.. Releaae of the leuee fro"" furLher porfon"anc" of ,lie 18&ae
shall occur only on obuinins .the expre.. wriuen consont in wdti,,[~ lIy the..
Ieasor to any aasignment or underletinR.
23. Tenanr .Rre... that any incre..s.. in in.uranco rlltes reaulLjnl~ from on
increase in exposure as a r..sult of the tennnt'" use of said prcml"".. shnll
be borne by tenunt.
2~. Tenant agrees that uid promise. sh"ll be open, !ncl.ud;nc "nl ranees ~~d ""
.."ite ~o a'ld froJ1l connect ill". ehoppes durlnn norm;>) blls;ne.. hour. IOU . ' ,....
eatabl18ho<l by tne MerChant~ A.Il0Clat!01l to Xlllcn tensnts ahsl) Iwlnnfl . '.
IIml Day~ 1UI....lllBent ,"*,lI.2r"" I tDh",., ...,orltY.o lO"ii\hr.rs of M..rchanl" As~bclasion..
W''jCol~;;:''o .h;o"4; .r:~~~:;~'f.'L:~~' ;;,~',-;; ..~O~ 41~~~. I,', ~..~
lA&r&,1. e~~ ~~:''-'"'!'~~'~'h:.n...rITl~'~~''''~'!'~~':''''''''''''' ~~;
"..
;,
'l'~'
./,;
, ,
"
CQ
"'..::
,,-;--
'-'-..
,;:;--
(-)
'~;I
:;:J
ill "
1;"11
<~--j
,"')
'-:.;
"
( ~l
.~r,
'. i', ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
v.
CIVIL ACTION-LAW
R.J. SCHULTZ ENTERPRISE, INC.,
And RICHARD J. SHULTZ, JR.,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF
SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22
As a prerequisite to service of subpoena for docwnents and things pursuant to
Pa.R.C.P. 4009.22, Plaintiffs certify that:
(1) a notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to the Defendants at least twenty (20) days prior to the
date on which the subpoena was sought to be served ;
(2) a copy of the notice of intent, including the proposed subpoena, is attached to
this certificate;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve subpoen .
aren S. Coates, 1
2215 Forest HiHs Drive
Suite 37
Harrisburg, P A 17112
(717) 541-8299
Attorney for Plaintiffs
DATE: December 1, 2004
~
IN THE COURT OF COMMON PLEAS
CUMBERlAND COUNTY
ROBERT S. LEHMAN, and
KETHA M. LEHMAN, his wife,
Plaintiffs
No. 04-651 CIVIL TERM
v.
CNIL ACTION-lAW
RJ. SCHULTZ ENTERPRISE, INC.
And RICHARD J. SHULlZ, JR.,
Defendants
JURY'IRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO Pa.R.C.P. 4009.21
To: Richard J. Shultz
c/o Charles Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
Plaintiffs intend to serve a subpoena identical to the one attached to this notice.
You have twenty (20) days from the date listed below in which to file of record and serve
upon the under~igned an objection to the subpoena. If no objection is made, the
subpoena will be served.
aren S. Coates, Esqwre
2215 Forest Hills Drive
Suite 37
Harrisburg, PA 17112
(717) 541-8299
Attorney for Plaintiffs
DATE: November 8, 2004
/
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ROBER~ S. LEHMAN AND
KETHA M. LEHMAN, HIS WIFE,
PLAINTIFFS
File No.
04~651 Civil Term
v.
R.J. SHULTZ ENTERPRISE, INC."
AND RICHARD' \1. ..SHULTZ ,
.: ?<J DEFENDANTS
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
:'
TO: G~4NT FOOD STORES, 'LLC, P.O.BOX:.;249,'€ARLISLE,' PA11Sj:l
(Name' of PerSon or Entity)
Within twenty (20) days after service oftbis'subpoenaj you are ordered by the court to produce the
following documents or things:
SEE ATTACHED
. . .
~ Law Offices of Karen S. Coates, 2215 Forest Hills Drive,
Sui te 37 Harri sburg PA (Address) .
You may'deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after its service, tJ:1e party serving this subpoena may seek a court order compelling you to comply with it.
TIllS SUBPOENA WAS ISSUED AT THE REQUEST. OF THE FOLLOWING PERSON:
NAME: T<:.~ 't"<='11 S e'oa tE'S
ADDRESS: 2?15 Forest Hills Orive
. ~li:i te 37.
H-"ir-ri ~hllrg 1 PA 17112
TELEPHONE: ~17) 541-8299
SUPREME CO TID #52654
ATTORNEYFOR: P]a i pH ff~
Date: AJ{)(}. ~ ;J ~(j Cj ,
Seal of the Co6ri
Bt!.:URT:
. . '., . Prothonotaryi'Civil Divi on . ", .
~~~ liP ~.kXJ
Deputy
SUBPOENA TO PRODUCE DOCUMENTS OR
THINGS FOR DISCOVERY PURSUANT TO Pa. R.C.P. 4009.22
TO: GIANT FOOD STORES, LLC
Within twenty (20) days after service of this subpoena, you are ordered by the Court to
produce the following documents or things:
(1) Any and all correspondence, notes, memoranda, electronic communications or
other documents which in any way discuss or pertain to ne:gotiations, proposals, offers to
sell and/or purchase the Village of Colonial Peddlers from 1999 to 2003.
(2) Any and all correspondence, notes, memoranda, electronic communications or
other documents received from Wolfe & Shearer, its emp.loyees and/or agents which in
any way discuss or pertain to negotiations, proposals, offe:rs to sell and/or purchase the
Village of Colonial Peddlers from 1999 through 2003.
(3) Any and all correspondence, notes, memoranda, electronic communications or other
documents received from Richard 1. Shultz, Jr. and/or Richard 1. Shultz Enterprises, Inc.,
regarding negotiations, proposals, offers to sell and/or purchase the Village of Colonial
Peddlers.
(4) Any and all correspondence, notes, memoranda, electronic communications or other
documents pertaining to the purchase/sale of the Village of Colonial Peddlers property to
Giant Foods in September, 2003, including but not limited to all docwnents reflecting
negotiations, proposals, confidentiality agreements and docwnents generated in
conjunction with the transaction.
CERTIFICATE OF SERVICE
On this 1 st day of December, 2004, I, Karen S. Coates, Esquire hereby certify that
a true and correct copy of the foregoing NCertificatf' Prerequisite to Service of
Subpoena Pursuant to Pa.R.C.P. 4009.22 was served on the following persons at their
respective addresses by depositing the same in the United States Mail, first class, postage
prepaid at Harrisburg, Pennsylvania, as follows:
Richard J. Shultz
c/o Charles Petrie, Esquire
3528 Brisban Street
Harrisburg, P A 17111
c;, "-> 0
~--:.;)
c- c:::> '1
..L-
,:"1':., ." c::::J -l
\"',1; r"1 fr~ j=P
(J
I -I7'D
:~) C)
N t ~~ ~':l
r"
.....,- . ,I
-ry . -[1
.~ t:)
.. r'0 ,rn
.'.
.,'
(~.) ~'lJ
r-..:J -<
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
~ for JURY trial at the next term of civil court.
D for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
Robert S. Lehman, and
Ketha H. Lehman, his wife
(check one)
~ Civil Action - Law
D Appeal from arbitration
D
(other)
(Plaintiff)
vs.
The trial list will be called on 2/14/06
and
R.J, Shultz Enterprise, Inc. and
Richard J. Shultz
(Defendant)
Trials commence on 3/13/06
Pretrials will be held on 2/22/06
(Briefs are due 5 days before pretrials)
vs.
No.04-651 Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
Karen S. Coates, Esquire, Attorney for Plaintiffs, 2215 Forest Hills Drive, Suite 37, Harrisburg,
PA 17112. Phone (717) 541-8299
Indicate trial counsel for other parties if known:
Charles Petrie, Esquire, Attorney for Defendants, 3528 Bri
/
This case is ready for trial.
Date: 1113/06
Attorney for: Plaintiffs
r
',',
C)
-'11
.-!
."T:
'-
",
CJ
L.
~
ROBERT S. lEHMAN, and
KETHA M. lEHMAN, his wife
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-651 CIVIL lAW
V.
R. J. SHULTZ ENTERPRISE, INC.,
and RICHARD J. SHULTZ, JR.,
DEFENDANTS JURY TRIAL DEMANDED
IN RE: PRE-TRIAL CONFERENCE
ORDER OF COURT
AND NOW, this 22"d day of February, 2006, after pre-trial conference in the
above referenced case, IT IS HEREBY ORDERED AND DIRECTED:
1. Trial counsel in this case shall be Karen S. Coates for the Plaintiff and
Charles E. Petrie for the Defendants.
2. Counsel has indicated that trial will take approximately 2 days.
3. Each party will be granted four peremptory challenges.
4. Given the representation that this trial will not exceed 2 days, the Court with
concurrence of counsel has determined that the jurors will not take notes.
5. Both parties have been directed to prepare an exhibit list pursuant to the
example attached. Two copies of this exhibit list shall be provided to the Court prior to
the commencement of trial. All visual aids used in the case shall be disclosed to the
opposing party.
6. Counsel for each party is directed to file with the Court on or before
12:00 noon on March 10, 2006, a list of the numbered standard jury instructions the
party is requesting. If a party is proposing a unique jury instruction or requesting
significant modification of a standard instruction it shall provide the full text of the
proposed instruction to the Court by 12:00 noon, March 10, 2006.
,
7. On or before 12:00 noon on March 10, 2006, the parties will provide a
proposed verdict slip to the Court for review.
8. It is anticipated that the jury in this case will be picked on March 13, 2006.
Accordingiy, counsel are attached for trial in this matter as of 9:00 a.m. March 13, 2006.
By the Court,
Karen S. Coates, Esquire
Attorney for Plaintiffs
~t
J.
Charles E. Petrie, Esquire
Attorney for Defendants
Court Administrator - ~^~.s
cJijo.l-l \ 00
bas
~<4~
;;2,;; 'I, 0<-
,+,
G I : ii' '"
i:::. t"J.J
7
"..~ v
:~;~ll
_! ,
-'~
.
.
~~
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-1183 CRIMINAL
CHARGE: (1 ) CRIMINAL HOMICIDE -
MURDER OF THE FIRST DEGREE
V. (2 ) CRIMINAL ATTEMPT TO MURDER
(3 ) AGGRAVATED ASSAULT
(4 ) CRIMES COMMITTED WITH
FIREARMS
(6 ) FIREARMS NOT TO BE CARRIED
WITHOUT A LICENSE
ANTYANE ROBINSON. AFFIANT: DETECTIVE RONALD EGOLF
COMMONWEALTH'S EXHIBIT LIST
EXHIBIT NUMBER
DESCRIPTION
1
Photograph of injury to
Tara Hodge's head
2
Used envelope bearing
handwriting of Tara Hodge
3
Photograph of the front of
building at 117-119 West Louther
Street
4
Exterior side view of
Tara Hodge's apartment
5
Photograph of body of
Rashawn Bass in shower
6
Closeup photograph of
Rashawn Bass with bullet casing
on shoulder
7
Diagram of Tara Hodge's
apartment
8
Plastic shower enclosure from
Tara Hodge's apartment
9
Address book of Tara Hodge
10
Date book of Tara Hodge
-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT S. LEHMAN AND,
KETHA M. LEHMAN
Plaintiff
CIVIL ACTION - LAW
V.
NO. 04-651
R. J. SHULTZ ENTERPRISE, INC. AND
RiCHARD J. SHULTZ, JR.
Defendant
JURY TRIAL DEMANDED
VERDICT SLIP
I. Fraudulent inducement
1. Do you find that defendant R.J. Shultz Enterprises, Inc., through its president and
owner Richard J. Shultz, fraudulently induced plaintiffs to enter into the commercial
lease by making representations which created the expeXJn of long term occupancy?
Yes No
If you answer Question 1 "yes" you should proceed to Question 2. If you answer
Question 1 "no" you should proceed to Section II: Breach of Contract.
2. Do you find that plaintiffs justifiably relied upon the defendant's misrepresentations?
Yes
No
If you answer Question 2 "yes" you should proceed to Question 3. If you answer
Question 2 "no," the plaintiffs cannot recover on their claim for fraudulent inducement
and you should proceed to Section II: Breach of Contract.
rI-
3. Please state the amount of damages sustained by the plaintiffs as a result of
defendant's fraudulent inducement.
$
You will proceed to Section II. Breach of Contract only if you have found the plaintiffs
were not fraudulently induced to enter into the contract:
II. Breach of Contract
1. Do you find that the defendant RJ. Shultz Enterprises, Inc. breached the duty of
good faith and fair dealing implied in the contract?
Yes
NoL
If you answer Question 1 "yes" you should proceed to Question 2. If you answer
Question 1 "no," plaintiffs cannot recover on their claim for breach of contract.
2. Please state the amount of damages sustained by the plaintiffs as a result of
defendant's breach of the duty of good faith and fair dealing.
$
3/t.!a~
l' /.
:~;~~-
Jury Foreperson
Date
CASE NO.:
Rdu.z
DOCKET NO.:
,
C)
. .
-P-
'.,
13--
'~">c_-;
Judge _ Clerk/Proth ~taff_
COURTROOM NO.: :) "\.
VS P9-' -sL./~ ?;':::i-,//LI~ t:7 ,a.,/" ..d ct:1fi
DATE: 3. IS'L)?
.). Xd~2'" 4!.-/ d
V ~ - 4>.5'1 i.;J
Juror # Name
_...5L. .
64
S~
65
56
71
60
83
73
86
61
74
53
85
72
Monday, March 13, 2006
Random No.
gg
~\VEGTIRf vv lLLlAlVJ L.
172131 ;:;'7,;1
JD
anL, riA v IEJ D.
1&S96S9Qgg
S~
63
81
67
ACHILLr:5, IYllU~r f\l\11'\lt.
-151~937182
-1300896309
-1269931643
-1141350265
-1072400883
PERRY, T1MOTHY
CHASTA1N, CLORISSA L.
VANCE, SCOTT H.
SHERTZER, DAWN R
70
9Q
87
55
79
69
7~
62
nKTTl\TTJ;''lAT?KI, ::::T[FIL\~JIE 1.1.
-/o64L,7a=:;,
HOSTETTER, ANDREW f.
MERR1TTS, WEND]
PR1CE, IIAROlD
BORDNER, THOMAS M.
BO'.vMAN, IvllCIIJ:LE 1':. PI q ~ .
DUNCAN, BARBARA ).
FRIT 1 ~, JAKANELL
-699806578
-648426605
-4,1~~e3G~
-266190404
-178690314
-162769614
-1Z42B39JB
83014825"
116246192
248279739-
340659441
661576408
669544010
836118628
911513403
120520
1209261025
1341059477
1627425001
1652684570
1954387808
2003951363
06
Cl..LLAI IAN', JAlvlt~
BRINLEY, DEBRA A.
'{OCIIDI.t l,VILLIAP.1 D.n
SHEARER, BARRY LEE
CARLSON, FRANCES S.
LEOPOLD, BRENT
BAL, ALKA
EW ANEK
CLOUSER, JAMES L.
ROWE, BONlTA
HOCKENSMITH, ROGER L.
MOORE, JOHN T.
KOV AN1C, ROBERT
KUBISIAK, MARSHA S
RUPP, RUBY
Page 1 of 1
1/1
t1 3
LI i
4J
1ft.-
4 'f
/JJ..
if..(