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HomeMy WebLinkAbout14-2853 Supreme C.0 01—ennsylva- ma COUP Of�CO�l211Y1OP1eaS For Prothonotary Use Only: ? Civil.- vShet t,V ,.`w 11P � Docket No: S CUMI-ER I. "'' '.w' I.I7� . i' County ���may✓ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S �x Complaint 0 Writ of Summons l Petition 0 Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Edmund W. Gorton Karl E. Rominger T I Are money damages requested? E! Yes El No Dollar Amount Requested: C'within arbitration limits (check one) 0outside arbitration limits N Is this a Class Action Suit? ❑ Yes E No Is this an MDJAppeal? Yes EM No I A Name of Plaintiff/Appellant's Attorney: Michelle L. Sommer, Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional I Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment Rli Motor Vehicle Debt Collection:Other 0 Board of Elections ❑J Nuisance C. 0 Dept.of Transportation ❑Q Premises Liability r Statutory Appeal:Other S Product Liability(does not include ❑ Employment Dispute: Ej mass tort) Slander/Libel/Defamation Discrimination C Other: Employment Dispute:Other Ii Zoning Board T E Other: I X Other: O MASS TORT Return of Escrowed Funds Ci Asbestos N -1 Tobacco E] Toxic Tort-DES �'� Toxic Tort-Lmplant REAL PROPERTY MISCELLANEOUS J Toxic Waste El Ejectment i Common Law/Statutory Arbitration B Other: _i Eminent Domain/Condemnation Declaratory Judgment Q Ground Rent n Mandamus , Landlord/Tenant Dispute Ci Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY In!) Mortgage Foreclosure:Commercial Quo Warranto r7l DentalPartition El Replevin U Legal Quiet Title ❑� Other: Medical Other: Ci Other Professional: Updated 1/1/2011 :a T THE f L .,0, tlr'E OF �E P=0f;iL� 0 l,,i� Alom & a LITLILAKIS ', ® ; Michelle L.Sommer,Esquire CUA BERLAP't 1� v O U.,Ty Attorney I.D.#: 93034 P! i$NSYLVA)��A 2 West High Street Carlisle,PA 17013 (717)249-0900 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Edmund W. Gorton Plaintiff r` File No: ' �7S63' G�4. D _ Civil Action—Law V. Karl E. Rominger, Individually, and Rominger and Associates, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Karl E. Rominger and Rominger and Associates c/o William Costopoulos,Esquire Costopoulos Foster& Fields 831 Market Street Post Office 222 Lemoyne,PA 17043 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20) days after this Complaint and Notice are served,by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you.You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 MAY BE ABLE TO fid. 3 6S- S f PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA ONLY) or 717-238-6715 Respectfully Submitted, ABOM&KUTULAIUS,LLP Date: MaY.9, 2014 ' Michelle L. So er,Esquire Attorney ID # 3034 2 West High Street Carlisle,PA 17013 (717) 249-0900 Attorney for Plaint OM & LITLILAKIS Michelle L.Sommer,Esquire Attorney I.D.#: 93034 2 West High Street Carlisle,PA 17013 (717)249-0900 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Edmund W. Gorton Plaintiff File No: Civil Action—Law V. Karl E. Rominger, Individually, and Rominger and Associates, JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, comes Plaintiff, Edmund W. Gorton, by and through his attorney Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files the within Complaint averring the following: The Parties 1. Plaintiff is Edmund W. Gorton, an adult individual who currently resides at 4185 Mountain View Road, Apartment 112, Mechanicsburg, Cumberland County, Pennsylvania and is represented by Michelle L. Sommer,Esquire of ABOM&KUTULAKIS,L.L.P. 2. Defendant,-Karl E. Rominger, is an adult individual and recently dis-barred attorney, who currently receives mail at 155 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Rominger and Associates, is a law firm with a principal place of business at 155 South Hanover Street, Carlisle, Cumberland County,Pennsylvania. i Factual Background 4. Paragraphs one (1) through three (3) of the within Complaint are hereby incorporated by reference as if set forth in full. 5. Plaintiff filed a Divorce Complaint docketed at 2011-6765 in the Cumberland County Court of Common Pleas on or about August 26, 2011 seeking a divorce from one Kathleen Gorton'. 6. Kathleen Gorton retained Karl Rominger from Rominger and Associates to represent her in the divorce docketed at 2011-6765an the Cumberland County Court of Common Pleas. 7. While the Divorce was pending, Plaintiff and Kathleen Gorton sold the marital home with proceeds owing to them in the amount of $147,883.06. (See, Checks from sale of home, attached hereto and marked as Exhibit"A"). 8. At the time of closing for the marital home done by Andrew Shaw, Esquire, Kathleen Gorton would only sign if Plaintiff agreed to let Defendants hold the proceeds from the sale of the house in his escrow account until the divorce was settled. 9. Defendant held the $147,883.06 from the proceeds of the sale of Plaintiff's marital home in Defendants' Escrow Account. 10. On or about January 23`d, 2014,Plaintiff and Kathleen Gorton executed a Marital Settlement Agreement dividing the proceeds from the sale of the marital resident. (See, Marital Settlement Agreement, attached hereto and marked as Exhibit`B"). 11. Plaintiff and Kathleen Gorton agreed that Plaintiff was to receive $60,000.00 from Defendants and Kathleen Gorton was to receive $87,883.06 within ten (10) days of signing the Agreement. (See,Page 6,Paragraph 7c. of Exhibit`B"). e` 12. The ten day time period as outlined in the agreement for Plaintiff to receive the funds from Defendants expired on February 3,2014. 13. Plaintiff did not receive his check from Defendant as of February 3,2014. 14. On February 14, 2014, Undersigned Counsel faxed Defendant a letter indicating that the check still was not received for Plaintiff and asked to have it by the close of business that day. (See,letter to Attorney Rominger dated February 14, 2014, attached hereto and marked as Exhibit"C"). 15. On Friday, February 14, 2014, still not receiving Plaintiff's portion of the escrow account, Undersigned Counsel's staff called Defendants' office inquiring about the status of the check. 16. Defendants' office indicated they left a message for Defendant Rominger. 17. On Monday, February 17, 2014, having heard nothing from Defendants, Plaintiff's Attorney's Office called Defendants inquiring about the check due to Plaintiff. 18. Defendant's Assistant said she would remind Defendant Rominger to get the check to Plaintiff's Attorney's Office. 19. Having heard nothing, Plaintiff's Attorney's Office called Defendants' office on Wednesday, February 19, 2014, and spoke to his office manager who said she would get the message to Defendant Rominger and probably have the check to Plaintiff's Attorney's Office by Friday, February 21, 2014. 20. Plaintiff's check never was delivered to Plaintiff s Attorney's Office. 21. On Friday, February 21, 2014, Undersigned Counsel talked directly with Defendants' Office manager who indicated that Plaintiff's check would be delivered by 4:00 p.m. on Monday, February 21, 2014. (See, February 21, 2014 letter, attached hereto and marked as Exhibit «D» t 22. The check to Plaintiff was not delivered by 4:00 p.m. on Monday, February 24, 2014, as promised. 23. On Monday, February 24, 2014, at 4:27 p.m. Undersigned Counsel received a faxed letter from Defendant Rominger which stated that he had "every intention of providing a settlement check...by the end of business today." (See, February 24, 2014 letter, attached hereto and marked as Exhibit"E"). 24. The letter from.Defendant Rominger further indicated that he was unable to meet with his client until 4:30 p.m. on Thursday, February 27, 2014, and he would "be providing the settlement check to you no later than close of business on Thursday." 2.5. At approximately 3:09 p.m. Undersigned Counsel received a phone call from the Plaintiff stating he was told from Kathleen Gorton that Defendant Rominger was stuck along the side of the road with a flat tire. 26. No calls were made to Undersigned Counsel's office from Defendant Rominger or his staff indicating that he would not be able to deliver the settlement check by close of business on February 27, 2014,as promised in his letter from earlier that week. 27. At approximately 3:45 p.m. Undersigned Counsel's secretary called Defendant Rominger's office to see if this message was accurate and his office manager indicated that she could not confirm or deny this but did state he was traveling on the Pennsylvania Turnpike. 28. Plaintiff's check was not delivered by the close of business on Thursday, February, 27, 2014, or by 10:00 a.m. on Friday, February 28, 2014. 29. On February 28, 2014,Plaintiff filed a Petition to Enforce the Marital Settlement Agreement since he had not received his check as outlined in the Marital Settlement Agreement. 30. A Hearing was held on March 6, 2014, on the Petition to Enforce the Marital Settlement Agreement. 31. At the Hearing on March 6, 2014, Defendant, Karl Rominger sent Attorney William Costopoulos,whom he retained to represent him in the matter. 32. Defendant's Attorney indicated that Defendant, Karl Rominger, no longer held the escrowed funds from the sale of Plaintiff's home. 33. As a result of the Hearing on March 6, 2014, the Honorable Judge Placey issued an Order of Court on March 6,2014. (See Order of Court attached hereto and marked as Exhibit"F"). 34. The Order of Court from March 6, 2014, provided that Karl E. Rominger was to deliver to the law firm'of Abom & Kutulakis the amount of $60,000.00 by the close of business on March 6,2014. 35. The money was not delivered to Abom & Kutulakis by the close of business on March 6, 2014. 36. Defendant Rominger subsequently admitted that he no longer held the funds in an escrow account. 37. Defendant Rominger subsequently admitted that he converted the Plaintiff's funds held in escrow for his own personal use. 38. Defendant Rominger subsequently vowed that he would right those he wronged. 39. More specifically, Defendant Rominger admitted via a podcast that he wronged individuals and would attempt to make those individuals whole. 40. On March 20, 2014, Plaintiff filed a Petition for Contempt against Defendant of the Order of Court dated,March 6,2014, since the money was not delivered to Plaintiff as ordered. 41. Thereafter, on or about April 8, 2014, Defendant Karl Rominger filed a Motion for Extension of Time to File an Answer to the Petition basing the request upon the fact that Defendant Rominger was cooperating with the Cumberland County District Attorney investigation into the misappropriation of client funds and that the results of the investigation are imminent. (See, Motion for Extension of Time filed by Defendant, attached hereto and marked as Exhibit"G"). 42. On or about April 11, 2014, Defendant, Karl Rominger,was disbarred as a licensed attorney to practice law in the Commonwealth of Pennsylvania. (See, notice of disbarment attached . hereto as Exhibit"H"). 43. By Order of Court dated April 14, 2014, the Honorable Thomas A. Placey, C.P.J., granted Defendant Rominger's Motion for Extension of Time to File his Answer. (See Order of Court dated April 14, 2014, attached hereto and marked as Exhibit"I"). 44. On or about April 21, 2014, the Commonwealth of Pennsylvania filed an Answer to Defendant Rominger's Motion for Extension of Time averring that the results of the District Attorney's Office investigation is not imminent, that the Court should absolutely rule on the Petition for Contempt, and that the Court's actions will not injure or interfere with the investigation being conducted by the District Attorney's Office into Defendants. (See Commonwealth's Answer, attached hereto and marked as Exhibit 45. Plaintiff still has not received his money from the Defendant as outlined in the Marital Settlement Agreement. 46. Plaintiff has incurred attorney's fees and expenses in the pursuit to settle his divorce and obtain his money from Defendant Rominger: COUNT I—BREACH OF CONTRACT 47. Paragraphs one (1) through forty-six (46) of the within Complaint are hereby incorporated by reference as if set forth in full. 48. A breach of contract action requires (1) the existence of a contract,including its essential terms, (2) a breach of a duty imposed by the contract, and (3) resultant damages. Gorski v. Smith, 812 A.2d 683, 692 (Pa. Super. 2002). 49. Defendant, Karl Rominger, had a duty pursuant to the parties' agreement to hold the proceeds from the sale of the Plaintiff's home in an escrow account until the Plaintiff's divorce was finalized. 50. Defendant, Karl Rominger, had a duty pursuant to the Marital Settlement Agreement to distribute the proceeds from the sale of Plaintiff's house with $60,000.00 to Plaintiff and the remaining balance to his ex-wife within ten days of execution of the Marital Settlement Agreement. 51. Defendant, Karl Rominger, breached the duty by not holding the proceeds from the sale of Plaintiff's house in an escrow account. 52. Defendant, Karl Rominger, breached his duty by failing to distribute $60,000.00 of the proceeds from the sale of Plaintiff's house to Plaintiff as outlined in the Marital Settlement Agreement. 53. Plaintiff has incurred damages in the amount of$60,000.00 plus attorney's fees and costs in an attempt to collect the$60,000.00 due and owing to him. WHEREFORE, Plaintiff respectfully demands judgment in the amount of$84,471.00 for the money due to him pursuant to the Marital Settlement Agreement, plus costs, interest, and attorney's fees. COUNT II—UNJUST ENRICHMENT 54. Paragraphs one (1) through fifty-three (53) are hereby incorporated by reference as if set forth in full. 55. Unjust Enrichment occurs when benefits are conferred on a defendant by a plaintiff, appreciation of such benefits by the defendant, and acceptance and retention of such benefits under circumstances that it would be inequitable for the defendant to retain the benefit without payment of value. Schenk v. K.E. David, Ltd., 66 A.2d 327, 328 (Pa. Super. 1995). 56. Defendant, Karl Rominger„ pursuant to the parties' agreement, was to hold the proceeds from the sale of the Plaintiff's home in an escrow account until the Plaintiff's divorce was settled. 57. Defendant, Karl Rominger, held $147,883.06 from the proceeds of the sale of Plaintiff's marital home in Defendants' Escrow Account. 58. Defendant, Karl Rominger, pursuant to the Marital Settlement Agreement was to distribute the proceeds from the sale of Plaintiff's house with $60,000.00 going to Plaintiff and the remaining balance going to Plaintiff's ex-wife within ten days of execution of the Marital Settlement Agreement. 59. Defendant, Karl Rominger, failed to distribute $60,000.00 of the proceeds from the sale of Plaintiff's house to Plaintiff as outlined in the Marital Settlement Agreement. 60. Defendant has retained the benefit of the proceeds from the sale of the Plaintiff's home. WHEREFORE, Plaintiff respectfully demands judgment in the amount of$84,471.00 for the money due to him,plus costs,interest, and attorney's fees. COUNT III—FRAUD 61. Paragraphs one (1) through sixty (60) are hereby incorporated by reference as if set forth in full. 62. The essential elements of a cause of action for fraud are (1) a misrepresentation; (2) a fraudulent utterance thereof; (3) an intention by the maker that the recipient will thereby be induced to act; (4) justifiable reliance by the recipient on the misrepresentation;and (5) damage to the'recipient as the proximate result. Slaybaugh v. Newman, 479 A.2d 517 (Pa. Super. 1984). 63. Defendant misrepresented to Plaintiff that he would hold the proceeds from the sale of Plaintiff's home in Defendant's escrow account until the divorce between Plaintiff and his now ex-wife settled,when he would distribute it pursuant to an agreed upon division. 64. The plaintiff justifiably relied upon Defendant's misrepresentation that he would hold the proceeds from the sale of Plaintiff's home in Defendant's escrow account until the divorce between Plaintiff and his now ex-wife settled and a distribution was agreed upon. 65. Plaintiff has incurred damages in the amount of$60,000.00 plus attorney's fees and costs in relying upon Defendant's misrepresentation. WHEREFORE, Plaintiff respectfully demands judgment in the amount of$84,471.00 for the money due to him,plus costs,interest, and attorney's fees. COUNT IV-TORTIOUS INTERFERENCE WITH A CONTRACT 66. Paragraphs one (1) through sixty-five (65) are hereby incorporated by reference as if set forth in full. 67. In Pennsylvania, to state a successful claim for tortious interference, a plaintiff must allege: (1)The existence of a contractual, or prospective contractual relation between the complainant and a third party; (2) purposeful action on the part of the defendant, specifically intended to harm the existing relation, or to prevent a prospective relation from occurring; (3) the absence of privilege or justification on the part of the defendant; and (4) the occasioning of actual legal damage as a result of the defendant's conduct. Kernaghan v. BCI Communications, Inc., 802 F. Supp..2d 590, 596 (E.D. Pa. 2011)(internal citations omitted). 68. Plaintiff entered into a contractual relationship with his now ex-wife, by executing a Marital Settlement Agreement. 69. Within the Marital Settlement Agreement, Plaintiff and his now ex-wife agreed.that Plaintiff would receive $60,000.00 of the proceeds from the sale of the Plaintiff's home held in Defendant's escrow account. 70. Defendant purposefully interfered with the contract between Plaintiff and his now ex-wife when he absconded with Plaintiff's $60,000.00 held in Defendant's escrow account. 71. Defendant had no justification, other than greed and/or to fuel Defendant's gambling addiction, for interfering with the contractual relationship between Plaintiff and his now ex- wife when he misappropriated Plaintiff's $60,000.00. 72. Plaintiff has incurred damages as a result of Defendant's conduct of interfering with the contractual relationship between Plaintiff and Plaintiff's ex-wife. WHEREFORE, Plaintiff respectfully demands judgment in the amount of $84,471.00 for the money due to him,plus costs,interest, and attorney's fees. COUNT V—BREACH OF FIDUCIARY DUTY 73. Paragraphs one (1) through seventy-two (72) are hereby incorporated by reference as if set forth in full. 74. Under Pennsylvania law, a fiduciary relationship exists when one person has reposed a special confidence in another to the extent that the parties do not deal with each other on equal terms, either because of an overmastering dominance on one side or weakness, dependence, or justifiable trust, on the other. Commonwealth v. E-Z-Parks, Inc., 620 A.2d 712, 717 (Pa.Commw. 1993). 75. Defendant had a fiduciary duty to Plaintiff when Defendant began holding the funds from the sale of Plaintiff's home in Defendant's escrow account. 76. Defendant breached that duty to Plaintiff when he absconded with the funds the belonged to Plaintiff and his ex-wife held in Defendant's escrow account. WHEREFORE, Plaintiff respectfully demands judgment in the amount of$84,471.00 for the money due to him,plus costs,interest,and attorney's fees. COUNT VI—CONVERSION 77. Paragraphs one (1) through seventy-six (76) are hereby incorporated by reference as if set forth in full. 78. Conversion is the deprivation of another's right of property in, or use or possession of a chattel, or other interference therewith, without the owner's consent and without lawful justification. 79. Defendant deprived Plaintiff of the right in, use and possession of Plaintiff's money held Defendant's Escrow Account without Plaintiff's consent. 80. Defendant deprived Plaintiff of the right in, use and possession of Plaintiff's money held Defendant's Escrow Account without lawful justification. 81. Therefore,Defendant has converted Plaintiff's money. WHEREFORE, Plaintiff respectfully demands judgment in the amount of$84,471.00 for the money due to him,plus costs,interest, and attorney's fees. Respectfully submitted, ABom&KUTULA"s L.L.P. DATE 114- Nfichelle L. So ,Esquire Supreme Court ID No. 93034 2 West High Street Carlisle,PA 17013 (717) 249-0900 Attorneyfor the Plain tiff VERIFICATION I, Edmund W. Gorton, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. k.Z Date E MUND W. OJWYON JORNEY AT LAW REAL ESTATE ACCOUNT 85y0 04/03/12 Amount: 160,00 File Number: 12-39 Check #: 8590 Rorninge1. & Associates Stephanie A. SzezyPta Edmund W. Gorton and Kathleen J. Gorton m 192 Goodyear Road, Carlisle, PA 17015 . 00 W �a BIW"� AW ATTORNEY AT LAW REAL ESTATE ACCOUNT 8588 04/02/12 Amount: 145,243.06 File Number; 12-39 Check #:, 8588 Rominger & Associates Stephanie A, Szezypta Edmund W. Gorton and Kathleen J. Gorton 192 Goodyear Road, Carlisle, PA 17015 06 Edmund and Kathleen Gorton 06110/2013 14:23 LAW OFFICE OF ANDREW H SHAW f4717 243 7812 P.0011001 ANDREW H.SHAW ATTORNEY AT WW REAL ESTATE ACCOUNT 8635 Data: 04/09/12 . Amount: .80.00 Filo Number:- 1239 Check *: • 8635 Pay To: rdmund W. Gorton and Kathleen J. Gorton Buyer:, Stephanie A: Szozypta Stiller:. Edmund W. Gorton and Kathleen J. Gorton Property: 192 Goodyear Road, Carlisle, Pk 17015 2,480.00 Rafund commission PAOOMOLT141 U31WrnlOita M=Pff EDMUND W. GORTON, IN THE COURT OF COMMON Ply Puff CUMBERLAND COUNTY PA V. NO. 2011-6765 C''r-r_12 coQ) KATHLEEN J. GORTON, © 1 CIVIL ACTION-LAW Z' zz;c_1 Defendant IN DIVORCE ® ' C4 MARKT SET TT FMFNT'T AGREE - ` THIS AGREEMENT, made this 23`d day of January, 2014 between KATHLEEN GORTON, (hereinafter referred to as "Wife" J' ), and EDMUND W. GORTON, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 9,2004 in Esse x,Maryland; WHEREAS, disputes and difficulties have arisen between the Property g and obligations as between each other,parties, and it is intention of Husband and Wife to live separate and apart, and the parties hereto are desirous f se li present their respective financial and p ri hts er inc settling lulling without limitation by specification: the settling of all matters between them relating to the past, Present, an future support and/or maintenance of Wife by Husband or Husband by Wife;the settlingo d ter between them relaxing to the equitable division of marital property; and, in general, the ettln of an s and all claims and possible claims by one against the other or against their respective estates; g Y ,and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband is represented b Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Wife is represented b Karl E.y L Esquire, of Rominger Law Offices. The parties represent and warrant that the have disclosed te fully Roosed t , each other all assets of any nature owned by each, all debts or obligations for which y o be liable in whole or part, and all sources and amounts of income. The parties acknowl der party may fully understand the facts, and they acknowledge and accept that this Agreement, ge that they P ement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such EXHIBIT 1 knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of.any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration,receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby,covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint,interference or authority, direct or indirect, by'the other in all respects as fully as if they were unmarried, except as may be necessary to carryout the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all.rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate,which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other.or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have. for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising 2 as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past,present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein and discharge any and all such claims by each other against the other, and are, inter alfa, in full settlement and satisfaction and in lieu of their past, present and future claims against the other on account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses,as well as any and all claims to equitable distribution of property,both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other. jurisdiction,including any other counsel arising in any manner whatsoever,except as.may be incurred in connection with a breach of the Agreement as set forth hereinafter. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other,whether real,personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, However, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenant and agree that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and 3 waives any and all rights to act as personal representative of the other party's estate. .Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME.TAX CONSIDERATIONS. The transfers of property pursuant to this between Husband and Wife incident to their divorce and as such Agreement are transfers are d. The transferee's basis in the.property shall be the adjusted nontaxable,with no gain or loss recognize immediately before the transfer. The transfers herein are an equal division of basis of the transferor marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION PROFIT SHARING, RETIREMENT CREDIT UNION 401 k I KEOGH OR OTHER EMPLOYMENT-RELATED PLANS. The parties agree to waive ,profit-sharing,retirement,credit union, 401(k), IRA, any interest they may have in each other's pension Keogh or other employment-related plans. 7. E UITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 53502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills,. employability, estate, liabilities and needs of each of the parties; the contribution of each party to the of the other party; the opportunity of each party for education, training or increased earning power further acquisitions of capital assets and income; the sources of income of both parties, including but other benefits; the contribution or dissipation of each not limited to medical, retirement, insurance or party in the acquisition, preservation, depreciation or appreciation of the marital property,including the homemaker, the value of the property set apart to each party; the contribution of each spouse as a i 4 standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. Each party shall become solely responsiblefor the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability. 1. 2007 Ford F150. Husband shall retain exclusive possession.of the 2007 Ford F150 to be titled solely in Husband's name. Wife agrees to transfer title within ten (10) days of signing this Agreement. 2. 2008 Volkswagen Beetle. Wife shall retain exclusive possession of the 2008 Volkswagen Beetle titled in Wife's name. b. DISTRIBUTION OF PERSONAL PROPERTY. Since the date of . separation, Wife has removed and retained a significant portion of the Marital Personal Property. However,knowing the impossibility of valuation of the personal property, Husband Will agree for Wife to retain the personal property she has removed with without laying claim to any payment for aforementioned personal property. Additionally, the parties hereto mutually agree that they have,effected.a satisfactory division of the furniture, household furnishings, appliances, and other, household personal property between them, and they mutually agree that each party shall from.and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other from such property as may be in the individual possession of each of the parties hereto. From and after the date of the signing of this Agreement,both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband not Wife need 5 join in, consent to, or acknowledge any deed, mortgage, or other instrument of .the other pertaining to such disposition of property. C. SALE OF REAL ESTATE. It is understood and agreed that the parties were joint owners of real estate,which has already been sold. The current amount held in an escrow account is $147,883.06, and is currently being held by Wife's attorney, Attorney Rominger, and is to be distributed Husband Counsel within ten (10) days of signing this Agreement. Husband and Wife agree to split the proceeds from the sale currently held in escrow with Wife receiving $87,883.06 and Husband receiving$60,000.00. d. MISCELLANEOUS MARITAL ACCOUNTS. ' It is understood that Husband waives any interest he may have in Wife's E-Trade account and Husband waives any. interest he may have in the parties Ford Stock. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she will not in the future contract or incur any debt or liability for which husband or his estate might be.responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. COUNSEL FEES COSTS AND EXPENSES. Wife and Husband accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and . demands that they may now or hereafter have against the other for Counsel Fees, Costs and Expenses and each shall be responsible for their own counsel fees, costs and expenses associated with said divorce. 10. ALIMONY ALIMONY AND PENDENTE LITE. Husband and Wife accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, or 6 Ar expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 11. MEDICAL INSURANCE. It is acknowledged that Husband's medical insurance through his employer presently currently insures Wife and Husband; however, upon the entry of the Divorce Decree Wife's coverage will be terminated through his employer. 12. DIVORCE. A Complaint in divorce has been filed to Docket No. 2011-6765 in the Court of Common Pleas of Cumberland County,Pennsylvania,and either party shall be.free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent of the Divorce Code. In the event, for whatever reason, either to the divorce, pursuant to §3301(c) party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such.action asserted. 13. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 14. RECONCILIATION. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this.Agreement is null and void. -15. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and 7 5 any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce.decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted Iand represented by Husband and Wife, each to the other,that this Agreement is lawful and enforceable,and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shallbe defined as the date of execution by the party last executing the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party, 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such 8 1 breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 21. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 22. ADDITIONAL INSTRUMENTS. Each of the parties shall from time.to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement,and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 24. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate,and each party hereto acknowledges receipt of a duly executed copy thereof. 9 WITNESSES: (SEAL) EDMUND W. GOR ON KA, EEN J. GORTO f 10 OFFICE LOCATIONS OCARLISLE OFFICE ���//// (717) 249-0900 LI TULAKIS HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE ATTORNEYS AT LAW (717) 267-0900 YORK OFFICE February 14,2014 (717) 846-0900 SENTVIA FACSIMILE ONLY—TO: /717 24) 1-6878 Karl F. Rominger,Esquire Rominger Law Offices 155 South Hanover Street Carlisle,PA 17013 Re: Edmund W. Gorton v. Kathleen J. Gorton Divorce Docket No.: 11-6765 Our File No.: 2011-322 Dear Attorney Rominger: At the Divorce Master Hearing on January 23, 2014,per the Marital Settlement Agreement it was agreed that you forward a check made payable to Abom & Kutulakis, LLP for my client, in the amount of$60,000.00,within ten days, or February 3,2104. That check is now eleven days late. I would expect that you would hand deliver the check to my office before close of business today. I Sincerely, ABOM&KUTULAIIS,L.L.P. Michelle L. So er,Esquire MLS/dlr cc: Ed Gorton EXHIBIT Reply To: 2 WEST HIGH STREET $ CARLISLE,PENNSYLVANIA 17013 (717)249-0900 FAx(717) 249-3344 OFFICE LOCATIONS 0MCARLISLE OFFICE (717) 249-0900 TU T A K I C HARRISBURG OFFICE LL/-11 1 IJ\ (717) 232-9511 CHAMBERSBURG OFFICE ATTORNEYS AT LAW (717) 267-0900 YORK OFFICE February 21, 2014 (717) 846-0900 SENT VIA FACSIMILE ONLY TO' (7-17224-1-68M Karl F. Rominger,Esquire Ron-linger Law Offices 155 South Hanover Street Carlisle,PA 17013 Re: Edmund W. Gorton v. Kathleen J. Gorton Divorce Docket No.: 11-6765 Our File No.: 2011-322 Dear Attorney Rominger: Per my conversation with your Office Manager, Linda, I am writing to confirm that she indicated that I am going to have a check made payable to Abom &Kutulakis,LLP for my client,in the amount of$60,000.00,per the Marital Settlement Agreement by 4:00 p.m. on Monday,February 24, 2014. To be clear,if I do not have that check in my office by 4:00 p.m.,I will be filing a Petiti6n to Enforce the Marital Settlement Agreement and I will be seeking counsel fees and costs associated with this matter as on Monday this check will have been twenty-one days late. Sincerely, OM&KUTUL�AKIS,.!L.L.P Michelle L. Sommer squire MLS/dlr cc: Ed Gorton EXHIBIT Reply To: 2 WEST HIGH STREET CARLISLE,PENNSYLVANIA 17013 (717) 249-0900 FAX(717) 249-3344 s� rrom:Rominger & Associates 7172416878 02!24/-'014 16:27 #211 P.001/001 ROMINGER & ASSOCIATES Attorneys at Law Offices in: 155 South Hanover Street Karl E.Rominger Carlisle Carlisle,Pennsylvania 17013 Vincent M.Monfredo Cam Hill P Lee Mandarino** Chambersburg Tel:(717)241-6070 Ephrata Fax:(717)241-6878 Hanover Harrisburg �*Licensed to Practice in PA and NY Hershey Lancaster Lebanon February 24,2014 Michelle Sommer Esquire Abom&Kutulakis 2'West High Street Carlisle,PA 17013 Via Fax Only: 717-249-3344 RE: Edmund W.Gorton v Kathleen J. Gorton Divoce Docket 11-6765 Dear Attorney Sommer: This letter is informyou that although I had every intention of providing a settlement check to you for the above referenced matter by the end of business today, my client has informed me that sheds unable to meet with me until Thursday of this week at 4:30 p.m.due to her work schedule. As I was in a homicide pretrial in the am. today and another homicide pretrial in the p.m.today,I was unable to accommodate her earlier today. Also it.appears the Ford stock may yet need to be transferred as well,if there any documents my client needs to sign perhaps you could provide the same to us on Thursday. I will be providing the settlement check to you no later than close of business on Thursday. Sincerel Karl E. Rominger,Esquire KER:W www.romingerlaw.com EXHIBIT t s ADVOCACY ADVICE ANSWERS EDMUND W. GORTON,.. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v CIVIL ACTION -LAW KATHLEEN J. GORTON, 2011-6765 CIVIL TERM Defendant IN RE: PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 6th day of March, 2014 , upon review of the Petition to Enforce the Marital Settlement Agreement, Karl E. Rominger, Esquire, is ordered and directed to deliver to the law firm of Abom & Kutulakis the amount of $60, 000 pursuant to the marital settlement agreement by the close of business today. No further relief is granted at this time. However, it is acknowledged that the petition additionally requested counsel fees and costs which we will await further . action from the parties prior to issuing a ruling on that request. By the Tho a A. Placey C.P.J. M' elle L. Sommer, Esquire - µ W. High Street =m Carlisle, PA 17013 Karl E. Rominger, Esquire e..D 155 South Hanover Street ' :u Carlisle, PA 17013 5,7 ~ D William .Co.stopoulos, Esquire 831 Market Street S, PA EXHIBIT 17043-0222 :mae , Costopoulos, Foster & Fields By: William C. Costopoulos, Esquire 831 Market Street Attorney I.D. 22354 P.O. Box 222 Email: wcostopoulos(a�costopoulos.com Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 Attorney for Karl Rominger, Esquire EDMUND W. GORTON, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PA V. NO. 2011-6765 KATHLEEN J. GORTON, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER AND NOW, comes Karl Rominger, Esquire, by and through his attorney, William C. Costopoulos, Esquire, and represents as follows in support of this Motion for Extension of Time in the above-captioned matter to file an answer pursuant to the Court's Order of Court dated March 26, 2014. . 1. Petitioner filed a Petition for Contempt in the above-captioned matter on March 20, 2014. All thirteen (13) averments are hereby admitted. 2. The Honorable Judge Placey has given Respondent's attorney, Karl Rominger, Esquire, twenty (20) days from the date of service to show cause why Petitioner's motion should not be granted. 3. Service was made upon Respondent's attorney on or about April 4, 2014. f4. An extension of time to file the Court's ordered Answer is hereby respectfully requested for the following reasons: a. The District Attorney's Office of Cumberland County has publicly EXHIBIT G announced an investigation into the above-captioned matter which includes the enpanelment of an investigating grand jury and the undertaking of a complete and detailed forensic audit; b. Karl Rominger, Esquire is cooperating fully with this investigation; C. The results of this investigation are imminent, but it is believed the investigation will go beyond the time period in which Mr. Rominger is required to file his Answer; 5. The District Attorney's investigation will provide all documentation needed for the Court to take appropriate action on the Petition for Contempt since "in civil contempt, sanctions are not imposed to punish but rather to compel obedience..." In interest of Tasseing H., 422 A.2d 530, 535 (Pa. Super. 1980). 6. Michelle L. Sommer, Esquire, attorney for Plaintiff/Petitioner Edmund W. Gorton, does not concur in this motion. WHEREFORE, Respondent's attorney, Karl Rominger, Esquire, by and through his counsel, William C. Costopoulos, Esquire, respectfully requests that this Honorable Court grant an extension of time in which to file an Answer pursuant to this Honorable Court's Order of March 26, 2014. Respectfully submitted, William C. Costopoulos, Esquire Pa. I.D. No.: 22354 Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: wcostopoulos(a-),costopoulos.com Date: April 8, 2014. -2- CERTIFICATE OF SERVICE I, William C. Costopoulos, Esquire, attorney for Karl Rominger, Esquire, do hereby certify that a true and correct copy of this MOTION was served upon all parties of record by placing it in the United States Mail, first class postage prepaid, on the below date and addressed as follows: Michelle-L. Sommer, Esquire 2 W. High Street Carlisle, PA 17013 Attorney for Petitioner BY: Wil iam C. Costopoulos, -Esquire DATED: April , 2014. -3- EDMUND W. GORTON, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PA V. NO. 2011-6765 KATHLEEN J. GORTON, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this day of , 2014 upon consideration of the within Motion for Extension of Time to File Rule, said motion is GRANTED, and respondent's attorney, Karl Rominger, Esquire, has twenty (20) days upon the conclusion of the investigation by the Cumberland County District Attorney's office in which to file an Answer in response to this Court's Order of March 26, 2014. BY THE COURT: Thomas A. Placey C.P.J. Distribution: .Michelle L. Sommer, Esq., 2 W. High Street, Carlisle, PA 17013 William C. Costopoulos, Esq., 831 Market Street, Lemoyne, PA 17043 District Attorney of Cumberland County , i I I 1 NOTICE OF DISBARMENT I Notice is hereby given that by Order of the Supreme j Court of Pennsylvania dated April 11, 2014, Karl Ernst i Rominger has been DISBARRED ON CONSENT from the Bar F of this Commonwealth, to be effective May 11, 2014, fi Elaine M. Bixler Secretary of the Board The Disciplinary Board of the Supreme Court of Pennsylvania 3 5 EXHIBIT N a EDMUND W. GORTON, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PA. V. NO. 2011-6765 KATHLEEN J. GORTON, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE ORDER F COURT ARID NOW, this day of , 2014 upon consideration of the within Motion for Extension of Time to File Rule, said motion is GRANTED, and respondent's attorney, Karl Rominger, Esquire, has twenty (20) days upon the conclusion of the investigation by the Cumberland County District Attorney's office in which to file an Answer in response to this Court's Order of March 26, 2014. Thomas A.Va y C.P.J. Distribution: ,Michelle L. Sommer, Esq., 2 W. High Street, Carlisle, PA 17013 . William C. Costopoulos, Esq., 831 Market Street, Lemoyne, PA 17043 District Attorney of Cumberland County CD EXHIBIT ' ;LL r EDMUND W. GORTON, IN THE COURT OF COMMON PLEAD. Orill ==i PLAINTIFF/PETITIONER CUMBERLAND COUNTY, PENNSY14-$NIZ-_ ern. -a � r NO. 2011-6765 N 7 V. CD , KATHLEEN J. GORTON, CIVIL ACTION - LAWpr=7 DEFENDANT/RESPONDENT IN DIVORCE ��' -{ y, ;,' COMMONWEALTH' S ANSWER AND NOW, comes the Commonwealth of Pennsylvania who answers the Motion for Extension of Time as follows : 1 . Admitted. On March 20, 2014, Petitioner filed a Petition .for Contempt in the above-captioned matter. Apparently, Mr. Rominger admits all of the averments within the petition. 2 . Admitted. This Honorable Court gave Karl Rominger twenty (20) days from the date of service to- show why he should not be held in contempt . 3 . Admitted. On April 4 , 2014, service was served. 4 . Denied for the following reasons : a. Denied. The District Attorney' s Office of Cumberland _ County has not publicly announced the empanelment of an . Investigating Grand Jury. In response to the statements made by Mr. Rominger in the media, the District Attorney' s Office put out a public statement, acknowledged an investigation and requested information regarding possible victims . See attached. EXHIBIT y b. Denied as stated. "Cooperating fully with this investigation" is subject to interpretation. c . Denied. The results of this investigation are not eminent . This Honorable Court should not delay in acting in this matter. As this Honorable Court' s actions in acting in this matter will not injure or interfere with .any investigation being done . 5 . Denied. This Honorable Court can rule on the matter without any materials from the District Attorney' s Office. G . ' Admitted. Michelle Sommers, Esquire, the attorney for the. Petitioner, Edmund W. .Gorton, does not concur with this motion, nor does the Commonwealth of Pennsylvania, by and through the Cumberland County District Attorney' s Office. WHEREFORE, the Cumberland County District .Attorney' s Office respectfully requests an Order of this Honorable Court to withdraw its previous Order granting an extension and proceed with the contempt matters . Respectfully submitted, J im M. Keating F1 Assistant District Attorney 1'S;Trq�c Cumberland County Office of the District Attorney t0, NCrE'�kt +� David J. Freed District Attorney PRESS RELEASE Contact : David J. Freed District Attorney (Work) 240-6210 March 10, 2014 Statement of District Attorney Freed Regarding Attorney Karl Rominger In response to numerous media inquiries, Cumberland County District Attorney David Freed issues the following statement : On Wednesday afternoon, March 5 , 2014 , I learned from two sources of a. potential case of misappropriation of funds in a divorce action by Attorney Karl Rominger. Early Thursday morning, March 6, 2014 , I met with Attorney William Costopoulos who indicated that he represents Rominger and provided- further information. On behalf of Rominger, Attorney Costopoulos stated a desire to cooperate with any investigation. My office is leading an investigation into the potential misappropriation of a significant amount of client funds by Rominger. We have handled many significant theft investigations in the last few years . Such investigations are document driven and, done correctly, require complex forensic accounting. We are currently engaged in that process . 1A., A/�'�„ �Cumberland County Office of the District Attorney NQFt�J m f David J. Freed A4�ANo �J District Attorney Documents related to the aforementioned divorce matter can be accessed at the Cumberland County Prothonotary' s office . Anyone who has observed my office over my time as District Attorney knows that we file criminal charges based on evidence and evidence alone . Public statements by suspects, even inculpatory statements, can be important evidence but are not sufficient basis by themselves to support a criminal charge . We will fully investigate this case and file charges when the evidence supports that action and not before. Anyone with information regarding this investigation, please contact the Cumberland County District Attorney' s Office - ' Criminal Investigation Division at (717) 240-6217 or send an email to districtattorney@ccpa.net subject matter: "Rominger investigation. " We will have no further public statement until such time as documents related to the case are filed publicly. w r EDMUND W. GORTON., IN THE COURT OF COMMON PLEAS OF PLAINTIFF/PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-6765 V. KATHLEEN J. GORTON, CIVIL ACTION' - LAW DEFENDANT/RESPONDENT IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that this day I have served a copy of the foregoing Commonwealth' s Answer on the following person (s) and in the manner indicated below: Service by First-Class Mail as follows : William C. Costopoulos, 'Esquire 831 Market Street Lemoyne, PA 17043 Michelle L. Sommers, Esquire 2 W. High Street Carlisle, PA 17013 Dated: Jim M. Keating r Assistant District Attorney OM& ,LITLILAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 riLLUT, FFICI,. !.. �. THE PROTHONOTARY 2f1Iii MAY 16 PM I: 514 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Edmund W. Gorton Plaintiff v. Karl E. Rominger, Individually, and Rominger and Associates, Defendants File No: ��-2853 e„silz Civil Action — Law JURY TRIAL DEMANDED Cid ACCEPTANCE OF SERVICE I, William Costopoulos,, Esquire, on behalf of Defendants Karl E. Rominger, Individually, and Rominger and Associates, hereby accept service of the Complaint and certify that I am authorized to do so. Date: , 2014 William Costopoulos, Esquire Costopoulos Foster & Fields 831 Market Street Post Office 222 Lemoyne, PA 17043 :j 30 PM CUMBERLAND COUNTY PENNSYLVANIA OM& UTLILAKIS Michelle L. Sommer, Esquire Attorney I.D. No: 93034 2 West I-Iigh Street Carlisle, Pennsylvania 17013 (717) 249-0900 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA — CIVIL DIVISION Edmund W. Gorton Plaintiff v. Karl E. Rominger, Individually, and Rominger and Associates, Defendants File No: 14-2853 Civil Action — Law JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO DAVID D. BUELL, PROTHONOTARY: Please enter judgment in favor of Plaintiff, Edmund W. Gorton, and against Defendants, Karl E. Rominger and Rominger and Associates, for failure to file an Answer to the Complaint. Amount claimed in Complaint: $84,471.00 with interest accruing at 2.40% per annum, the amount claimed by Plaintiff, Edmund W. Gorton, against Defendants, Karl E. Rominger and Rominger and Associates. CAk SVC e-44-30 7i (\lokte /0c9, tent I certify that written notice of the intention to file this praecipe was mailed to the party against whom judgment is to be entered and to his/her attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached, pursuant to Pa.R.C.P. Rule 237.1. Date: June 30, 2014 Respectfully submitted, SOM & KUTULAKIS, LLP Wlit Michelle L. So Attorney ID #'93034 Abom & Kutulakis, LLP Carlisle, PA 17013 (717) 249-0900 Attorneyfor Plaintiff,Edmund Gorton (1/10(141L er, Esquire Judgment is hereby entered for Plaintiff, Edmund Gorton, and against Defendants, Karl E. Rominger and Rominger and Associates, for failure to file an Answer to the Complaint. Date: 00/1Y David D. Buell Prothonotary, Cumberland County OM& ,LITLILAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA — CIVIL DIVISION Edmund W. Gorton Plaintiff v. Karl E. Rominger, Individually, and Rominger and Associates, Defendants File No: 14-2853 Civil Action — Law JURY TRIAL DEMANDED IMPORTANT NOTICE To: Defendants Karl E. Rominger, Individually and Rominger and Associates c/o William Costopoulos, Esquire 831 Market Street Post Office Box 222 Lemoyne, PA 17043 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU IN THE COMPLAINT. UNLESS YOU ACT -WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DA 1E: JUNE 11, 2014 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 Respectfully submitted, Michelle L. Som r, Esquire Attorney ID # 9 034 2 West High Street Carlisle PA 17013 (717) 249-0900 Attorney for Plaint CERTIFICATE OF SERVICE AND NOW, thi day of June, 2014, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing document by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: William Costopoulos, Esquire Costopoulos, Foster & Fields 831 Market Street Post Office Box 222 Lemoyne, PA 17403 Michelle L. So • -r, Esquire Attorney ID # " 034 Abom & Kutulakis, LLP Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint Edmund Gorton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION c-) EDMUND W. GORTON, c 3 Plaintiff File No.: 14-2853 Pim w r— v. Civil Action — Law -<3> r-- z KARL E. ROMINGER, INDIVIDUALLY, zo And ROMINGER AND ASSOCIATES, y Defendant --1 AFFIDAVIT OF SERVICE Daniel Shaw, being duly sworn according to law deposes and says that I am a competent adult, and that on July 25, 2014, at 4:45 p.m., I personally served KARL E. ROMINGER, Individually and Rominger and Associates, at 2 West High Street and Church Avenue, Carlisle, Pennsylvania, with a true and correct copy of a Notice of Intention to Seek Default, in the above -captioned matter. 1015I / �l DATED44-e° DANIEL SHAW COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 25T" day of July, 2014, before me, the undersigned officer, personally appeared Daniel Shaw, known to me to be the person whose name is subscribed to the within instrument and that he executed same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Deborah L. Ryan, Notary Public Carlisle Boro, Cumberland County My commission expires June 11, 2018 NOTARY PUBLIC U w. T,�OLAKC ' �U1UIS Z%14 AUG -7 P.lt : �1 3 3.s M :W :Sommer,miner,EsquireEsquireCUMBERLAND COUNTY .Attucy I. No:93 � 2 WC/est I ligh Street PENNSYLVANIA Carlisle,l'ennsyh-ania 171113 (717)2419-1191$1 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA—CIVIL DIVISION Edmund W. Gorton • Plaintiff • File No: 14-2853 • Civil Action —Law v. Karl E. Rominger, Individually, • and Rominger and Associates, JURY TRIAL DEMANDED Defendants MOTION TO COMPEL DEPOSITION AND NOW, comes Plaintiff, Edmund W. Gorton, by and through his attorney Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files the within Motion to Compel Deposition, averring the following: 1. On or about July 11, 2014, Notice of Deposition was served upon Defendant's counsel, William Costopoulos, Esquire, directing Defendant's appearance at deposition to occur on August 5, 2014, at 9:00 A.M., at the office of Plaintiff's counsel. Sec Attachment A. 2. The purpose of deposition is post-judgment aid in execution by determining Defendant's assets. 3. In response to the Notice of Deposition, Attorney Costopoulos sent correspondence indicating Defendant will refuse participation in deposition, asserting privilege pursuant to the Fifth Amendment of the United States Constitution. Counsel's letter further indicates his client lacks any assets. See Attachment B. 4. Per the Pennsylvania Secretary of State, Rominger Inc. of 149 S Hanover St., Carlisle, PA, is the sole owner of Wolfgang Auto and Wolfgang Auto Parts. See Attachments C and D. 5. As of July 31, 2014, Wolfgang Auto has 11,257 items for sale on ebay.com, ranging in price from $5.49 to $400. 6. Defendant therefore has some assets. 7. The Defendant has previously written checks drawn from an account in the name of Wolfgang Auto. 8. Assertion of Constitutional privilege requires a good-faith basis that truthfully answering questions would tend to implicate one in an unlawful act. 9. It is submitted that disclosing the Defendant's relationship with Wolfgang Auto and/or Wolfgang Auto Parts, if any, and any assets related thereto would not tend to implicate the Defendant in a crime. 10. It is recognized that questioning regarding other assets or lack thereof may implicate Constitutional privilege. WHEREFORE, Plaintiff respectfully requests the Court enter an Order compelling the deposition of Defendant, Karl E. Rominger. Respectfully submitted, ABOM&KUTULAKIS,L.L.P. DATE 4" --11� �.: �� � ,1L Michelle L. Som •r, Esquire Supreme Court No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorneyfor the Plaintiff dOM & 'ULWIS Michelle L.Sommer,Esquire Attorney ID.No:93034 2 West High Street Carlisle,Pennsylvania 17013 (717)249-0900 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA—CIVIL DIVISION • Edmund W. Gorton • Plaintiff • File No: 14-2853 • • Civil Action —Law • v. • • Karl E. Rominger, Individually, and Rominger and Associates, • JURY TRIAL DEMANDED • Defendants TO THE PROTHONOTARY: NOTICE OF DEPOSITION TO: Karl E. Rominger c/o William C. Costopoulos, Esquire 831 Market Street P.O. Box 222 Lemoyne, PA 17403 Attorney for Defendants, Karl E. Rominger and Rominger and Associates TAKE NOTICE that Plaintiff, Edmund W. Gorton, by his undersigned counsel will take the deposition of Karl E. Rominger, 155 S. Hanover Street, Carlisle, Pennsylvania for the purpose of discovery pursuant to Rule 4007.1 et seq., of the Pennsylvania Rules of Civil Procedure. Said deposition will take place before a Notary Public or other person qualified to administer oaths at 9:00 a.m. on August 5, 2014 at Abom & Kutulakis, LLP, 2 West High Street, Carlisle, PA., and will continue from day to day until completed. You are invited to appear and take part as shall be fitting and proper. You are hereby directed to bring with you the following documentation: 1. The specific identity of all businesses, Limited Liability Corporations, Limited Liability Partnerships, General Partnerships and Sole Proprietorships; 2. Any and all bank accounts, savings, investment or checking, that you own personally or that are affiliated with any business entity you have some ownership interest in; and A- EXHIBIT 3. The formal address and parcel number of any real estate in which you have any interest whatsoever. This information relates to all properties, both within and outside of the Commonwealth of Pennsylvania. 1 B , A,. Y: Michelle L. Som r, Esquire Attorney for Plaintiff Dated:July 11,2014 C.,STOPOULOS, FOSTER & FILn,DS ATTORNEYS AND COUNSELORS AT LAW 831 MARKET STREET LEMOYNE,PENNSYLVANIA 17043 WILLIAM C,COSrOPOUI OS DAVID J.FOSTER TELEPHONE(717)761-2121 LESLIE M.FIELDS FAX(717)761-4031 GEORGE H.MATANGOS WWW.COSTOPOULOS.COM HEIDI F.EAKIN July 21, 2014 Michelle L. Sommer, Esquire ABOM&KUTULAKIS, L.L.P. 2 W. High Street Carlisle, PA 17013 Re: Karl Rominger and your letter of July 11,2014 Dear Michelle: Consistent with Judge Placey's Order, and Constitutional authority, at this time and on my advice Karl Rominger will not be testifying at any deposition. I am hoping this written communication avoids the necessity of him appearing in your office on August 5, 2014 at 9:00 a.m. and unless I hear from you otherwise, he will not be there. You do have the right to have him assert that privilege on the record. He will also not be answering any interrogatories at this time for the same reason. I will provide you with Acceptance of Service on the Notice of Default Judgment in the very near future. Karl has no proprietary interest in Wolfgang Auto, Inc., will provide you with documentation confirming same. He was using a checking account because he needed a checking account, but it had nothing to do with that entities money. Your post judgment discovery request will be limited to his privilege, and to what he has possession of for he has turned most of your requested information over to the District Attorney's Office of Cumberland County. Thus, my repeated suggestion that all of your inquires will be satisfied with forensic certainty once the forensic audit is completed. I believe that audit will confirm that he has no assets. It is true that he is presently working for a nominal wage to live on until his prosecution comes to a close. We can certainly provide you with that income information. S. c:, •ly yours illiam C. Costopoulos EXHIBIT 1 8 7/9/2014 Business Entity ,..'11110111` i la a f' '' ..'4.-5' 1/4, ,,k ,s,r,,„. :. , , 1 ..ii-, - — ..,,-, ' i PennSY %/data ''''Acm:41: C r f' '84 '' 7 .17'''4*t4 val r El' -. ita 't- 1' " ' '-.?,, ' 1 a. .‘ --L l',. 'c , :// ! , pennsytvania Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Business Entity Filing History Date: 7/9/2014 (Select the link above to view the Business Entity's Filing History) , _ .. _....... Business Name History Name Name Type Wolfgang Auto Current Name Fictitious Names - Domestic - Information Entity Number: 3980802 Status: Active Entity Creation Date: 9/20/2010 State of Business.: PA Principal Place of Business: 112 Wadsworth Avenue Meadville PA 16335 Mailing Address: No Address Owner Information Owner(s)for: Wolfgang Auto Owners Name: ROMINGER, INC. Mailing Address: 149 S HANOVER ST CARLISLE PA 17013-0 Copyright©2002 Pennsylvania Department of State.All Rights Reserved. Privacy Policy 1 Security Policy https://www.corporations.state.pa.us/corp/soskb/Corp.asp92890515 kill 1/1 7/9/2014 Business Entity ;44liiiiTt ', i",,,,1" ' "*, , , .,., ,... ,, ilitilow' Ilk VrA ,, I, . , f' ""i.' Ir YA4 440';'' i.: IA%' , '"` '—`"" yfric.41` IT a TE 1'I pennsy vania i's,„...2,,,,, ,,t-, , . ,%% * r 1r .,,,.. pennsytvania Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Business Entity Filing History Date: 7/9/2014 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type Wolfgang Auto Parts Current Name Fictitious Names - Domestic - Information Entity Number: 3980811 Status: Active Entity Creation Date: 9/20/2010 State of Business.: PA Principal Place of Business: 112 Wadsworth Avenue Meadville PA 16335 Mailing Address: No Address Owner Information Owner(s)for: Wolfgang Auto Parts Owners Name: ROMINGER, INC. Mailing Address: 149 S HANOVER ST CARLISLE PA 17013-0 Copyright©2002 Pennsylvania Department of State.All Rights Reserved. Privacy Policy I Security Policy EXHIBIT i -b https.//wvm.corporations.state.pa.us/corp/soskb/Corp.asp?2890543 1/1 7/9/2014 Business Entity M w f , '' '' lit/Sow ir 'ir- IP- Ag I? , TA,:, p' y IT EpkRTl NT4 STATE 4 - •, ' 't ' °"` . 01�r r. "✓ <. ,fit 114 Y w i. pennsytvania Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Business Entity Filing History Date: 7/9/2014 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type Rominger Metal Recycling LLC Current Name Limited Liability Company- Domestic - Information Entity Number: 3730181 Status: Active Entity Creation Date: 4/11/2007 State of Business.: PA Registered Office Address: 227 Poplar Street Meadville PA 16335 Crawford Mailing Address: No Address Copyright©2002 Pennsylvania Department of State.All Rights Reserved. Privacy Policy I Security Policy https://www,corporations,state,pa.us/corp/soskb/Corp.asp?2568584 1/1 CERTIFICATE OF SERVICE AND NOW, this 11" day of August, 2014, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing document by depositing, or causing to be deposited, same in the United States Mail, first-class mail, postage prepaid addressed to the following: William Costopoulos, Esquire Costopoulos, Foster& Fields 831 Market Street Post Office Box 222 Lemoyne, PA 17403 ( 1\tLILOOPk litA 11• Michelle L. Somme , squire Attorney ID # 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff EDMUND W. GORTON, : IN THE CO\[JRT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, V. KARL E. ROMINGER, INDIVIDUALLY, AND ROMINGER AND ASSOCIATES, Defendants : Docket No.: 14-2853 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this i2' aday of , 2014, after due consideration of the Defendant's Motion to Compel Deposition, same is hereby ORDERED and GRANTED. Karl E. Rominger is to appear for deposition at a determined date and time -by the law firm of Abom & Kutulakis, LLP. This deposition should be held within 2 4 days,t4.n crit4-4.'S2.- THE COURT: Thomas Distribution: Michelle L. Sommer, Esquire 4lilliam Costopoulos, Esquire lacey J• C:) :C7 -'G