HomeMy WebLinkAbout01-6983t Crtaled: 10/76/01 11:56:33 AM
R~4~ed: 11121101 11:I0:I3AM
ROBERT E. DIEHL,
Plaintiff
Vo
BALDWIN COMPANY, t/d/b/a,
E.G. BALDWIN & ASSOCIATES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
/
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON DEARDORFF WILLIAMS & OTTO
By _~~~~/~
George B. Failer, Jr., Esquire0
Attorney I.D. No. 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
ROBERT E. DIEHL,
Plaintiff
Mo
BALDWIN COMPANY, t/d/b/a,
E.G. BALDWIN & ASSOCIATES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff, Robert E. Diehl is an adult individual with a place of business located at 500 Redco
Drive, Enola, Pennsylvania.
2. Defendant, Baldwin Company, t/d/b/a E.G. Baldwin & Associates, is an Ohio corporation
with its principle place of business located at 1441 East 17th Street, Cleveland, Ohio.
3. On or about February 13, 1995, Plaintiff leased the premises located at Suite 106, (unit F) 17
Brenneman Circle, Mechanicsburg, Pennsylvania, (hereinafter the "Premises"), to Defendant under
a commercial lease agreement, (hereinafter the "Lease"). A copy of the Lease is attached as Exhibit
"A" and incorporated herein by reference.
4. The Lease provided for a term of three years, at a monthly rental of $1,566.67, payable in
advance on the first day of every month.
5. Defendant entered into possession of the leased Premises on or about March 1, 1995 in
accordance with the temps of the Lease.
6. At the expiration of the three year term, Defendant did not remove itself from the Premises.
7. Pursuant to paragraph five of the Lease, Defendant's failure to remove itself from the
Premises renewed the lease for another three year term, beginning on or about March 1, 1998, at a
monthly rental of $1,5667.67, payable in advance on the first day of every month.
8. Defendant subleased the Premises to Senate Glass, (hereinafter "Subtenant"), on a date
unknown to Plaintiff, but which Plaintiff believes, and therefore avers, to have been on or about
February 2000.
9. At the expiration of the second three year term, Defendant's Subtenant did not remove itself
from the Premises.
10. On or about February 2001, Plaintiff demanded Defendant and Defendant's Subtenant to
relinquish possession of the Premises and to remove ail equipment from the Premises.
11. Defendant refused, and continues to refuse, to remove its equipment and its Subtenant from
the Premises.
12. Defendant's failure to vacate the premises, surrender the premises, and/or remove its
equipment and/or that of its Subtenant, breached the terms of the Lease.
13. Plaintiff has performed ail conditions precedent under the Lease.
14. Neither Defendant nor its Subtenant has paid rent since February 2001.
15. Because Defendant failed to properly vacate and or surrender the Premises, the Lease was
subject to an automatic three year renewai pursuant to paragraph four of the Lease. Defendant
therefore owes the balance of the rent until the end of the third three year temp.
16. Pursuant to the Lease, Defendant is responsible for paying a percentage of various service and
maintenance charges, which include the following: govemmentai or municipai taxes, insurance, snow
removal, lawn maintenance and landscaping, exterior maintenance of the building and grounds,
electricity, and several miscellaneous charges.
17. Defendant's and/or its Subtenant's monthly service and maintenance charges are
approximately $212.18.
18. Neither Defendant nor its Subtenant has paid service and maintenance charges since July
2000.
19. Plaintiff has repeatedly demanded payment of service and maintenance charges.
20. Defendant and its Subtenant have failed and refused to pay said service and maintenance
charges.
21. By failing to pay service and maintenance charges, Defendant and its Subtenant breached the
terms of the Lease.
22. Pursuant to paragraph fifteen of the Lease, Defendant agreed to repair ail damage caused by
Defendant to the Premises not associated with ordinary wear and tear.
23. Defendant and/or its Subtenant damaged the Premises during the term of the Lease.
24. Plaintiffrequested Defendant and/or its Subtenant to repair the Premises to substantiaily the
same condition in which the Premises were leased to Defendant.
25. Defendant and its Subtenant have failed and refused to repair the Premises as required under
the provisions of the Lease.
26. By failing to make said repairs, Defendant and its Subtenant breached the terms of the Lease,
including but not limited to paragraph fifteen.
27. Plaintiff believes and avers that the fair and reasonable cost of making the said repairs
described above is $20,649.04, as shown more particularly by the estimates and bills attached as
Exhibit "B."
28. Defendant did pay Plaintiff a $1,400 security deposit at the inception of the Lease.
29. Plaintiff has made demand upon Defendant for payment, but Defendant and Subtenant still
refuse to pay the same or any part thereof.
WHEREFORE, Plaintiff demands judgment against Defendant as follows:
(A) in the amount of $56,400.12 for rent for the third three year term plus interest.
(B) in the amount of $20,649.04 for repairs less the $1400 security deposit or $19,249.04;
(C) in the amount of $2,970.52 for maintenance and service (CAM charges) from July
2000, which will continue to accrue at $212.18 each month following the date of this
Complaint;
(D) costs for this action and attorneys' fees;
(E) any other relief this Court deems just and proper.
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
Ge6rge B. Fai~er, Jr., Esquire
Attorney I.D. No. 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Exhibit A
Robert E. Diehl
500 Re#co Drive, Eno/a, PA f7025
Redco 765-2995
Mobile 574-0500
COMMERCIAL LFASE
A.D. 19~$ Between Robert E. Diehl--~£ SO0 RE~, Enola,
PA 17025 (717 766-2995) Lessor and S~X~wLm ao~ of 210 Elmwood
Avenue, Sharon PA. 19079. (215-586-0782 or 1~800 342-9729)
WITNBBBETH, That the Lessor, in consideration of the rents
and covenants hereinafter mentioned, do demise and lease unto
the said Lessee, to be used as office, warehouse and
distribution th~ premises situate in the CoUnty of Cumberland
and State of PA described as follows, to wit:
Suite 106, (unit F) 17 Brenneman Circle, Mechanicsburg, PA
17055. Containing 3,200 Sq.. ft~.nominal. Outside parking for
vehicles in front and rear of the leased area.
TO HAVE AND TO HOLD UNTO THE ?.RSSEE, subject to the
conditions of this agreement, for the term beginning on the
first day of March, 1995 and ending on the Last day of
February, 1998. ~-L~O~l~.ool
IN CONSIDERATION OF WHICH the s~id Lessee agrees that
they will pay to the Lessor for the use of said premises, the
sum of Eighteen Thousand Eight Hundred Dollars ($18,800) per
year payable as follows; viz, in monthly installments of
Fifteen Hundred Sixty Six Dollars and Sixty Seven Cents
($1,566.67) in advance on the first day of each calendar
month during the term.
THE DEMISE HEREIN CONTAINED is made and accepted on the
following express conditions.
1. No waste shall be committed; and at the end of the said
term the demised premises shall be delivered in as good
condition as at the commencement thereof, ordinary wear and
tear and unavoidable damage by fire, tempest and lightning
excepted.
2. The rent reserved shall be promptly paid on the several
days and times herein specified without deduction or
abatement, at the'.residence or principal office of Lessor.
3. If the Lessee should remove or prepare to remove, or
attempt to remove from the premises hereby leased before the
expiration of the term or at.any time during the continuance
of this lease, or if the Lessee shall be in default in the
payment of any installment of rent for the period of ten
days, or should there be a default in the conditions as
herein contained, then in that event, rent for the term of
twelve months at the rate which it is then due and
collectable under the terms of this lease shall immediately
become due and payable and shall be collectable by distraint
or otherwise.
4. At the expiration of the term, to the extent Lessee has
not maintained the demised premises in compliance with
Paragraph I here of, the demised premises will be restored at
the option of the Lessor in such condition so as to comply
with the requirements of Paragraph 1, and the cost will be
treated as additional rent due and owing under the terms of
the lease.
5. A holding o~er by the Lessee beyond the term of this
lease shall be a renewal of the term of this lease for
another like term, and the said renewal shall be under and
subject all the provisions as contained in this agreement of
lease; provided, however, that such renewal shall be at the
option of the Lessor.
6. The Lessor shall not be liable to the Lessee for any
damage which may be caused to the Lessee by failure of the
Lessor, if said failure is not due to any fault on his part,
to give possession herein demised, at the time agreed upon.
7. The Lessee shall not carry on any unlawful or immoral
business in or about the demised premises, and shall not
carry on any business which will endanger the building from
fire or cause forfeiture of any fire insurance that the
Lessor has or may hereafter have on said building.
8. The Lessee agrees to pay all bills which may be incurred
for light, heat, or power used or consumed upon the demised
premises, and also all bills for water rent which may accrue
for water used during the term of the lease. The Lessor
shall not be responsible in any way in the event that the
supply of heat is cut off by reason of any cause beyond the
control of the Lessor. And the Lessee does hereby release
the Lessor from any damage which may result to him by reason
of the failure of the supply of heat. Should the Lessee fail
to pay any bills as aforesaid, the Lessor shall have the
right to pay the same, and the amount as paid shall be
chargeable to the Lessee as additional rent. The Lessee
agrees to keep the plate glass insured at his own risk.
9. The Lessee agrees to keep the premises in a good
condition Of repair. All refuse of any kind shall be removed
from the premises at the cost of the Lessee at leas~ once ~
week or more often, if necessary. All snow shall be cleaned
off from the sidewalks and steps before it shall be frozen
and hardened. Should the Lessee fail to comply w.ith the
provisions of this clause of the lease, the Lessor may enter
the premises and make said repairs or remove said refuse and
do all other things as herein provided to be done by the
Lessee at the expense of the Lessee, and said expense thus
incurred may also be collected as additional rent under the
lease.
10. In the event of the filing of a petition in bankruptcy,
whether voluntary or involuntary, by or against the Lessee
herein, there shall become due immediately upon the filing of
the petition, rent for twelve months, at the rate that the
rent is payable under this agreement of lease, and the Lessor
shall have the further right in said event, to forfeit and
terminate this lease. The said forfeiture to be effective by
givinq notice in writing to the Lessee herein or the person
th~n in charge %f the demised premises. Should an execution
issue against the Lessee out of any court, twelve months rent
shall thereupon become due and owing.
11. In the event that the premises occupied by the Lessee
shall during said term be destroyed by fire, thereby making
the premises untenantable and unfit for occupancy so that the
owners thereof deem it advisable reconstruct a new building,
the Lessor shall thereupon have the right to cancel and
terminate this lease upon giving fifteen days notice in
writing to the Lessee herein, and the term of this lease
shall thereupon cease at the expiration of fifteen days
after the expiration of said notice. In the event however,
that the said building shall be damaged by fire, but not
destroyed, the Lessor will thereupo% cause the same to ~e
repaired and restored to its former condltion. Lessor ~s to
act with the greatest possible diligence, and if the said
fire shall have rendered the premised untenantable~ payment
of rent thereunder shall be suspended from~the time when the
Lessee herein shall notify the Lessor of such condition,
until such time as the building is so repaired and again
ready for occupancy. Lessee herein agrees that in the event
that the building shall be so partially destroyed by fire as
to render said repairs necessary that the said lessor shall
thereupon have the right through his servants and agents, and
that the servants and agents or any contractor employed by
the Lessor shall have the right to take possession of the
premise~ for the purpose of making such repairs, and the
taking of possession shall not mean eviction of the
herein and shall in no manner effect this term of lease.
12. The said Lessee hereby confesses judgement for the rent
reserved under this agreement of lease, together with an
attorney fee of five per cent for collection, and execution
may be issued thereon from time to time for any rent due and
owing under this lease, and judgment in ejec~ment as herein
provided may be entered concurrently therewith.
13. At the end of said term, whether the same shall be
determined by forfeiture or expiration of the term, or upon
the breach of any of the conditions of this lease, it is
agreed that an amicable action of ejectment may be entered in
the Court of Common Pleas of Cumberland County, in which the
Lessors, their heirs or assigns, shall be plaintiff, and the
Lessees, and all who come into possession during the term or
cohtinuance of ~his lease or under the Lessees, shall be
defendants, that judgment may be entered thereupon in favor
of the plaintiffs, without leave of court, for the premises
above described to have the same force and effect as if a
summons in ejectment had been regularly issued, legally
served and returned and that writs of habere facias
possessionem with clause of fi. fa. for all costs, may be
issued forthwith, waiving all errors and defects whatsoever
in entering said judgment, also waiving right of appeal, writ
of error or stay upon any writs of habere facias possessionem
which may issue upon the same.
14. And further, it is agreed and understood that Lessor,
his heirs, or assigns, may enter the premises leased during
the term~ during normal business ho~rs in the presence or
absence of Lessee for the purpose of ascertaining whether the
said premises are kept in good order and repair. Further,
that the Lessor reserve the right to display a "for rent or
sale" sign upon said premises, and to show same to
prospective tenants or buyers.
15. All damages or injuries done to the said premises other
than those caused by fire or ordinary wear and tear or by the
acts or omission of the landlord shall be repaired by the
Lessee herein. And the Lessee covenants and agrees to make
said repairs upon five days notice to him by the Lessor, and
if he shall neglect to make said repairs or commence to make
the same promptly or within ten days after said notice as
given him, the Lessor shall have the right to make said
repairs at the expense and cost to the Lessee, and the amount
thereof may be collected as additional rent accruing for the
month following %he date of said repairs, and if the said
expense is made at the expiration of the term, then the cost
so made may be collected by Lessor as an additional rent for
the use of the premises during the entire term.
16. And the said Lessee hereby accepts notice to quit,
remove from, and surrender up possession of the said demised
premises to the said Lessor, his heirs or assigns, at the
expiration of the said term, whenever it may be determined,
whether by forfeiture or otherwise, without any further
notice to the effect, all further notice being hereby waived.
And on failure to pay rent due, for the space of ten days
besides the distress, or upon breach of any other condition
of this lease the Lessee shall be a non-tenant, subject to
dispossession by the said Lessor and the said Lessor may
re-enter the premises and dispossess the Lessee without
thereby becoming a trespasser.
17.' No showcase~ sign or hanging or protruding sign or
permanent obstruction of any kind shall be kept or maintained
by the tenant on the reservation or sidewalk in front of the
demised premises, said space to be used only for purpose of
ingress and egress.
18. Lessee will bear, pay and discharge when and as the same
becomes due and payable all judgment and lawful claims for
damage or otherwise against Lessor arising from its use or
occupancy of said leased premises or the sidewalk in front
and side of said premises, and will assume the burden and
expense of defending all such suits, whether brought before
the expiration of this lease and will protest, indemnify and
save harmless the said party of first part, his agents,
servants,' employees and public at la~ge by reason of or on
account of the use of misuse of the premises hereby leased or
the sidewalk in front of the said premises, or any part
thereof, due to negligence of the Lessee or his agents.
19. And in consideration of securing the within lease at the
above stated rent, said Lessee does hereby release and
discharge said Lessor, his heirs or assigns, from any and all
liability for damage that may result from the bursting,
stoppage and leakage of any water pipe, gas pipe, sewer,
basin, water-closet, steam pipe and drain, and from all
liability for any and all damage caused by the water, gas,
steam,, waste, and contents of said water pipes, gas pipes,
steam pipes, sewers, basins, water-closets and drains.
20. It is expressly understood by the parties that the whole
agreement is embodied in this agreement and that no part
or item is omitted.
21. The Lessee does hereby waive any and all demands for
payment of the rent herein provided for, either on the day
due or on any other day, either on the land itself or in any
other place, and agrees that such demand shall not be a
condition of re-entry or of recovery of possession without
legal process or by means of any action or proceedings
whatsoever.
eRents are to be delivered to Lessor's office by the 1st
ach month. It is agreed that there will be a pena}~y of.
$200.00 for each month that rental payments are not de£1verea
on time. Time is of the essence and this Lease may be
canceled by Lessor after five days written notice for non
p~yment of rent.
23. First and ~ast month shall bo in advance.
24. Should there be a Municipal or other Governmental
assessment Lessee shall pay their percentage (14.38%) of such
increase based on the square foot percentage leased.
25. Lessee shall pay all taxes, Municipal or other
Governmental assessment and insurance based on the square
footage of the building leased.
26. Should Lessee engage in or carry on any activity to
cause Lessors insurance to increase Lessee shall pay such
cost.
27. Lessee shall provide a Certif~ate of Insurance showing
that his property is insured and that he is providing some
form of liability insurance. Also Lessee shall provide a
waiver of SUbroaation o~ tho Certificate.
28. Lessee shall be responsible for snow and ice removal
from the sidewalk and steps. Lessor shall arrange to have
snow plowed, when snowfall is over 2", and Lessee shall pay
its percentage of costs based on the square feet leased.
29. Lessor shall be responsible for lawn and landscaping
mainteDance and Lessee shall pay its percentage (14.38%) of
such expenses based on the square feet leased.
30. Lessee shall be provided with two 400 watt hi-pressure
Medal Halide lights in the warehouse area, and one receptacle
at the electrical panel and or receptacles as now exist.
Lessee shall'proyide all additional lighting, receptacles and
or heat,.except as may exist, in the warehouse area at their
expense.
31. Lessee shall pay for any damage caused by chemical
reaction, erosion or corrosion done to the building from
Lsssse's business operations.
32. Lessee shall be responsible for all maintenance on the
overhead doors and interior of the building. Lessee shall be
responsible for exterior maintenance of the building and
grounds based on its percentage (14.38%) leased.
33. Lessee shall be responsible for all shipping debris and
any other waste or refuse on a daily basis if necessary.
3~. Lessee is hereby notified that the Heat and Electricity
to the unit F2 above, occupied by REDCO REALTY, is hooked to
the systems below and are part of this Lease.
Witness the hands and seals of the parties, the day and year
first above written.
35. Lessor will cut the dock height to as near to 48 inches
as is practical per site conditions.
36. Lease buy out: Lessee may buy out Lease with 12 months
(monthly rental payments) penalty during the first year,
with 6 months penalty during the second year and 3. months
penalty during the third Yea~ith 3-==nth~ ~4= ~i.~+~h~
Exhibit B
ECI
7174320894
PROPOSAL.
$5~0.00 '
$195.00
$160.00
$175100
$180.00.
$ 95.00,
$43~00'
Coordination/set .up ..... '.
R~moW and mplaco approximately 96 square fee~ of acid residue and spot
d~.m. ~ged ½"drla~all on walls in toilet area, i,t~l, finished and made ready for
paint ' · .... ' · ' % " '
Patch miscellaneous small hoies on walis, mad~ ready for pahlt
Clean walls ~d ceili~g'to.r~eam to acceptable ole~m!~e .~.
Remove and replace 10.A~m~ooed ceilin~ file ' .
Supply professional cleaning'to'soiled and spot ~m'ined carpet ..
Re.move 1 d~or tad reinstall al originsl location · .
Reraove utility s:i~k'and r~place with an AmScan S~andard Wall hung sink I.
· in¢lu~iL~ fauce~, required plumbing and shut Off valves
Remove existing chemically sJained toil~ and ~'~lace wi~h new floor mouutcd
Amm-ic~.u ~tcnd~l toilet i~cluding required plumbing and sbu! off valves
Scope ofw~rk: '
· $800.00
~,00. "..
$195.00 ,' Patch ~)'~ellaneous small holes on walls; mede ready fofpatnt
$160.00 ..
$175,00
$1~0.00
$450.00
$ 0.o0
$175.00
$175.00
.Wcbsi~: www.eciconsu'acfion.com
Clean welts and ,;elling to return to acceptable clcanlinese
Remove and rePlace 10-dan~ged.ce!_'!!~ tile
. Supply pr0fessio~l cles~i~g'm soiled and spot s~dned ca'pet
' Remove cxistii~ chemically stained wall mounted sink and replace.with
'. aud shut off valves .'
Remove exi~ng chemiCally stained toile~ and replaee wi~l~ hew floor mounted
American Standerd toilet including required plumbiug and abut off wives
Check witter hea~er, to insure good workin~ condition and p~o~ide mi~o~
Provide chock up,. elem~i,~g'and preventative maint~ance on ~vrnace
* E-mail: eci @ecicons n-uction.cc m
500 R~lco'Drive
RE: Line Item Pricing ~0 .to .. t F, !7 Brenneman Circle
. is per'your requ~.st we hereby sub.mi{ fur propo~ifl of tl~.labor and materials'to Complete rite fo?lo~?
· 124 West Church S .~et, P.O. Box 459, Dillsburg/PA 1701,9:0459 - Ption~: (717) 4-32~86,t
'. Main Offi~ Pax: (717) 43 .2:0945~ ~ Communications l~pt. Pax: (?i7)
JUN-21-2001THU 12~0 PM ECl 7174320894 P, C~/04
'$~2~.00
$ 7~.00
$31~.00.
provide miscellaneous electrical repah's to b~oken / damaged outlets and
receptacles ' · ' ·
Cie, an out dus~/c~bris in ra~chanical mom
Replace pivot l~nge'at front door
warehous~ot~ice.~ea: ..
$775.00 . Remove ..el tegdaee approximately 280 square feet of damaged ½" drywall o.
walls, taped, finishod and made ready for paint
$175.00. Remove and replace 10-dainaged ceiling tile. ..
$225.00 Supply pmf~.~sional concret~ floor cleanii~g of chemical Stains
$155.00 Remove and dispose of.existing counte~op
$295.00 Remove and dispose bf existinl$'exhaust' hood s.~ .d. lrelatod ductwork ·
'. ' $245.00 Remove and dispose of existing shelving and patch walli accordingly to mike .
ready for paint .' . .
.' $505;00 Closc up Out hi doorway and install d~ a[! tinished and made ~t, dy for paint
· . $325.00 Provide miscellaneous elaciric~l repairs ~o ouklets and receptacles
$390.00 Install 1 Window.and jamb.materlsh'where closed off at countert~p area to
· .' . match original.and install 2 windows and jamb materials wh~re a .doorway was cut in
· match original, windows provided by owner
$495.00 ' Remo{e and ~eplace approximately 60 square feet of damaged %" tongue and
· groove p!ywo~ s.~vc offi~
WarehoUSe Area:
· $475.00 P,~'Place 3 - 6;~ ~i 24; long s~uds where doorway opening was cut i~to thc
$5.47~.00 . Rmn~e and t~,lace appm,ir~tely 2000 square feet of simt 4sm~,~¢d and
chemically dam~cd 5/8" fire rated dr~vall, taPed, finished and made reac!y for
$305.00 Supply profe~i~al c0ncreb~' floor cle~i,,o~ ' . .
$375.00 . Provide required eleetri~ repaks and replacements '
$325.00 Repair area of concrete floor ,~_m_.~Sed by .acid
$125.00 Adjust :i~::;.~0per!y ope~atingman door as required to return to good Workiug
condition . ..
$445.00. Replace appm~jmat~ly 100'square feet of extexlo~'siding where apparent vehicle
damage has occarted, siding pwvided by own~-
$150.00 Repair and or provide main .t~anoe' to overhea~ door' to ~tum to good workin~
condition.
· $56~.00 .. Repla~ealrprOximatelyl20SquarefeetofdamagedwallhUngp!¥~roed/OSB
$27~.00 P~ovide professional gmieral clmming to entire vmrehon~e area as required to
' return to acceptable cleanline, s~ .
.$485.00 Remove and dispo~ of 2 abandonS, large machine uniLs
· $665.00 Clean up of ail related debris and disposal ~ff site, includes dumpster fees
S~ssT0.oo .' Total ' '
'.FOR ~ SUM OF:
Pa~ble'~ follo~: Net 30 ~, ~ 1.5% m~rest fo~ e~ 30 ~ ~v0ic~ ~s ~d a~er &e d~te.
MUN-21-200! THU 1~'~0 PM
ECI ?174320894 ~ F',
All u~terial'is guar~nt~d m be as sp~it'~d. All.wodc to~ be ~ompleWd m a wotkmlm
aceoidin8 ~o standa/d pm~tioes. ,Any..aber~tions or deviation froin above specifi¢,,ttons
costs will be executed only up~u writ. ~ orders, ~nd will beconie an exIra charade over
control. Owner ~o oorry fire, to£~io, and other necessary, in~. Our workers are fidly
Workmen's Compensation Insunmcb, · ' . .
Authorized .... ·
Siiin,sture . . . . .
'.' David V MsJdonade-.~stimator.-Service . Date 6/~ l/0t
ACC'EPTANCE OF PROPOSAL - 3'he .prices, specifications mad conditions are satisfact;,17y
hereby accepted. You are authori~,ed.to dothe work as specified.'.' Payment will be made as outline, c', ~bcve.
Sf~nature,
Date ' ·
D E 8 OR I p T**,iON
QUAN.
VERIFICATION
I, Robert E. Diehl, acknowledge my a~thority to execute this Verification and certify that the
foregoing Complaint is based upon information which has been gathered by my coun.qel in the
preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have
read the document and to the extent that the Complaint is based upon information which I have given
to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the
extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this
Verification.
This statemem and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to unswom falsification to authorities, which provides that ifI knowingly make false averments, I may
be subject to criminal penalties.
~EC 03 ~1
M~Wr
ROBERT E. DIEHL,
Plaintiff
BALDWIN COMPANY, fid/b/a,
E.G. BALDWIN & ASSOCIATES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01- 6983
PRAECIPE
TO THE CUMBERLAND COUNTY PROTHONOTARY:
You are hereby directed to file the attached Proof of Service, via certified mail, indicating
service on Defendant Baldwin Company, t/d/b/a E.G. Baldwin & Associates on December 19,2001.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Geo ulre
I. D. Number 49813 ~
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiffs
Mr. Robert Diehl
Date: January 9, 2002
· ~ Items 1, 2, and 3. Also complete
~ 4 ff Restzict~ D~. Ivery Is decked.
· Print your name and ed~ on the mvmse
~e that we can return the ca~ to you.
· Atllmh Ibis card to the back of the mallptece,
o~ e~ the f~ont If apace pe~mRs.
Mr. Nicholas A. Piszko
'Vice President of Finance and
! Di atr~b,u~t ion
~. G. BALDWIN & ASSOCIATES
1441 East 17th Street
Cleveland, OH 44114
Certified Mail
Reg~teed
O Expm~ M~
[] Return Receipt
[] C.O.D.
4. Re,bitted Deliver/? (Extra Fee) [] Yes
2. A~icffe Number (Copy from serv/ce/abe/)
7000 0600 0027 7310 2960
PS Form 3811, July 1999 DOmestic Return Receipt
CERTIFICATE OF SERVICE
I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Greg Knight, Esquire
HANFT & KNIGHT, P.C.
19 Brookwood Ave., Suite 106
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
Melind/a-A. hall ' '
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: January 9, 2002
ROBERT E. DIEHL,
Plaintiff
BALDWIN COMPANY t/d/b/a
E. G. BALDWIN & ASSOCIATES,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: NO. 01-6983 CIVIL TERM
ANSWER
AND NOW, comes the Defendant, by and through its Counsel of Record, Gregory H. Knight,
Esquire, to answer the Complaint filed against it, in support of which the following statements are
made:
1.
2.
3.
4.
5.
6.
7.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
Denied. Paragraph 7 is a conclusion of law to which no answer need be filed. In
addition, see answers to Paragraphs 1 through 6 above.
8. Admitted and Denied. Admitted that the premises were sublet to Senate Glass.
Denied that Plaintiff did not know of and did not ratify the sublease.
9. Denied. The Defendant is without sufficient information to judge the truth or
accuracy of the allegations in Paragraph 9 and therefore it is denied with strict proof demanded
thereof at trial. In addition, the Defendant believes that Senate Glass did remove itself from the
premises on or before March 1,2001, the expiration of the second three year term, and that Plaintiff
discussed that fact with Senate Glass.
10. Denied. The Defendant is without sufficient information to judge the truth or
accuracy of the allegation in Paragraph 10 as to Plaintiff's subtenant and therefore strict proof is
demanded thereof at trial. In addition, Paragraph 10 is a conclusion of law to which no answer need
be filed.
11.
12.
Denied. See answer to Paragraph 10 above.
Denied. See answerto Paragraph 10 above. In addition, Paragraph 12 is a conclusion
of law to which no answer need be filed.
13. Denied. Paragraph 13 is a conclusion of law to which no answer need be filed. In
addition, Defendant does not understand the term "conditions precedent under the Lease."
14. Denied. The Defendant is without sufficient information to judge the troth or
accuracy of the allegations in Paragraph 14 as to subtenant and therefore strict proof is demanded
thereof at trial. In addition, Paragraph 14 is a conclusion of law to which no answer need be filed.
15. Denied. Paragraph 15 is a conclusion of law to which no answer need be filed.
16. Admitted and Denied. Admitted that the lease required the tenant to be responsible
for various service and maintenance charges. Denied that Defendant failed to pay all such charges
for which it was responsible.
17. Admitted that the monthly service and maintenance charges while Defendant was a
tenant at the premises was approximately $212.18.
18. Admitted and Denied. Admitted that Defendant has not paid the service and
maintenance charges since it subleased the premises, which sublease was ratified by the Plaintiff.
19. Denied. Defendant has paid all such charges for which it was liable and has not
received any further demands since the date it sublet the premises.
20. Denied. Paragraph 20 is a conclusion of law to which no answer need be filed. In
addition see answers to Paragraphs 18 and 19 above.
21. Denied. Paragraph 21 is a conclusion of law to which no answer need be filed. In
addition, see answer to Paragraphs 1 through 20 above.
22. Denied. The terms of Paragraph 15 are included in the Lease which is attached as an
exhibit to the Complaint. Denied that Paragraph 22 of the Complaint accurately states the terms of
Paragraph 15 of the lease and Paragraph 22 is a conclusion of law to which no answer need be filed.
23. Denied. Paragraph 23 is a conclusion of law to which no answer need be filed. In
addition, see answer to Paragraphsl through 22 above.
24. Denied. Paragraph 24 is a conclusion of law to which no answer need be filed. In
addition see answers to Paragraphs 1 through 23 above. Furthermore, the demand by Plaintiff to
repair the premises were for damages not the responsibility of the Defendant and would have
constituted improvements to the leased premises.
25. Denied. Paragraph 25 is a conclusion of law to which no answer need be filed. In
addition, see answers to Paragraphs 1 through 24 above.
26. Denied. Paragraph 26 is a conclusion of law to which no answer need be filed. In
addition, see answers to Paragraphs 1 through 25 above.
27. Denied. Paragraph 27 is a conclusion of law to which no answer need be filed. In
addition, see answers to Paragraphs 1 through 26 above. Furthermore denied that Exhibit B is a"fair
and reasonable cost" of making repairs to the leased premises.
28. Admitted.
29. Denied. Paragraph 29 is a conclusion of law to which no answer need be filed. In
addition, see answers to Paragraphs 1 through 28 above.
WHEREFORE, Defendant requests that the Court dismiss the Complaint filed by Plaintiff
and that it award such other relief as it deems appropriate.
Respectfully submitted,
HANFT & KNIGHT, P.C.
-
Gregory H. Knight, Esquire /
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
ROBERT E. DIEHL,
Plaintiff
BALDWIN COMPANY t/d/b/a
E. O. BALDWIN & ASSOCIATES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 01-6983 CIVIL TERM
AFFIDAVIT OF VEPdFICATION,
Nicholas Piszl{o, Vice President of Finance and Distribution of E.G. Baldwin & Associates,
verifies that the facts set forth in the foregoing Answer are true and correct to the best of his
knowledge, information and belief, and understands that false statements herein are made subject
to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities.
DATE:
ROBERT E. DIEHL,
Plaintiff
BALDWIN COMPANY t/d/b/a
E. G. BALDWIN & ASSOCIATES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 01-6983 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a tree and correct copy of the foregoing Answer to
the following at the address below:
Service by United States first class mail to:
George B. Fuller, Jr., Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
,2002
HANFT & KNIGHT, P.C.
~ Esquire ' ~'~'~
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must De typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLANd COUNTY
Please list tl~e following case:
(Check one) ( × ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
ROBERT E. DIEHL
(Plaintiff)
VS.
BALDWIN COMPANY t/d/b/a,
E.G. BALDWIN & ASSOCIATES,
(Defendant)
VS.
(check one)
(X) AssumDsit
( ) Trespass
( ) Trespass (Motor Vehicle)
(otnerl
The trial list will be called on August 12, 2003
and --.
Triats commence on S~t-pmher R. 2003
Pretrlals will be netd on A,[--~- 20. 2003 .
(Briefs are due 5 days before pretnais.)
(The narly listing this case for trial si'tall prowcle
fortt'lwi['rl a copy of the Draec~oe to all counsel.
pursuant to local Rule 214-1.)
No. 6983
Civil Tern 3{3~_2_0.01
Indicatet~e attorney who willtw caseforthe party w~ofilest~is praec~pe:
George B. Faller, Jr.~ Esquire
indicate trialcounselforotnerpamesdknown:
Greg Knight, Esquire
This case ~s ready for trial
Print Name: Geor~ B. Faller, Jr.. ~Es_~ire
ROBERT E. DIEHL,
Plaintiff
Vo
SENATE GLASS & ALUMINUM
COMPANY, a Pennsylvania
corporation, and JOHN D.
RESCINITI t/d/b/a
SENATE GLASS & ALUMINUM
CO.,
Defendants
13 & 14
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
_ : NO.
ROBERT E. DIEHL,
Plaintiff
BALDWIN COMPANY, t/d/b/a :
E.G. BALDWIN & ASSOCIATES,:
Defendant :
03-0568 CIVIL TE ..~ I ,a~ ~-~
: ~I~._THE COURT OF COMMo~ PLEA~[[OFi/i
: COMBERLAND COUNTY, pEN~S~Lv~qiA?~
: CIVIL ACTION - LAW ~' !'~ -~
:
NO. 01-6983 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held Wednesday,
August 20, 2003, before the Honorable Edward E. Guido, Judge.
Present for the Plaintiff was George B. Faller, Jr., Esquire,
and present for the Defendants was Gregory H.
Esquire.
Knight,
This is a dispute on a commercial lease that
involves a very narrow issue. The parties have agreed that
this matter may proceed nonjury. Therefore, we have
scheduled a bench trial for Friday, October 17, 2003, at
8:30 a.m.
The parties are directed to exchange all
exhibits by October 1, 2003. Any objection to exhibits,
other than
in limine. Ail motions in limine,
shall be filed by October 8, 2003.
to relevancy, must be made in the form of a motion
with supporting authority,
Any responses, with
supporting authority, shall be filed by October 15, 2003.
The parties are directed to have all exhibits
pre-marked at the time of trial.
The parties have indicated that they will be
pursuing a mediation. Prospects of settlement are fair to
By Y~'
Edward E. Gu£do, J.
middling.
George B. Faller, Jr., Esquire
For the Plaintiff
Gregory H. Knight, Esquire
For the Defendants
Court Administrator
srs
ROBERT E. DIEHL,
Plaintiff
BALDWIN COMPANY, t/d/b/a,
E.G. BALDWIN & ASSOCIATES,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01- 6983
PRAECIPE
TO THE CUMBERLAND COUNTY PROTHONOTARY:
Please mark the above captioned case settled and discontinued.
MARTS~ORFF WILLIAMS & OTTO
rge B. Faller, Jr., Esquire ",,jr----v--- -
I. D. Number 49813 /
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: January 6, 2004 Mr. Robert Diehl
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Greg Knight, Esquire
HANFT & KNIGHT, P.C.
19 Brookwood Ave., Suite 106
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
--Ami J. Thdl!l~na
Ten East High Street
Carlisle, PA 17013
(717) 243 -3341
Dated: January 6, 2004