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HomeMy WebLinkAbout95-01602 BARON II, IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 94.4773 TECHNICAL SERVICES ASSOCIATES,INC" Defendant TECHNICAL SERVICES ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 95-1602 BARON II, Defendant PLAINTIFF'S PRE-TRIAL MEMORANDUM I. Factual Background In the action docketed at No. 94-4773, Baron seeks interpretation of a Commercial Lease. Baron, the Lessor, incorporated a copy of the Commercial Lease as Exhibit "A" to its Complaint for Declaratory Judgment. The Lessee, TSA, Inc., executed the Lease on April 18, 1991. The controversy arises from the parties' differing interpretations of "additional rent" contained in Paragraph 29.2.1 of the Lease, which provides: Tenant shall pay Tenant's proportionate Share for increases in Operating Expenses during each Operating Year to the extent that said Operating Expenses shall exceed the Operating Expenses incurred by Landlord during the Base Period; however, this amount due and payable is limited to three (3%) percent of the average base rent payable under this Lease plus any previous year's additional rent. This dispute involves the additional rent for the second year of the Lease, Baron calculated the second year's additional rent in the same manner it calculated the first year's additional rent. Thus, the calculation for the second year's additional rent is as follows: $64,512 x .03 $1,935 .:!:.$l.888 (first year's additional rent) $3,823 (total additional rent) The difference between the first and second year's additional rent is, of course, the addition of the first year's additional rent to the product resulting from the multiplication of .03% and the second year's annual rent. This calculation is perfectly in accord with the terms of the Lease. TSA, Inc. argued that the additional rent should be calculated as follows: $64,512 ,:!:lJ.888 (prior year's additional rent) $66,400 x .03 $1,992 (total additional rent) That is the dispute before this Court for resolution. -2- In the action docketed at No. 95-1602, TSA, Inc. brought is own, separate action for Declaratory Judgment, requesting an interpretation of the Lease and a refund of an amount it claimed to have overpaid Baron. TSA averred that the Lease provided for the rental of 6293 square feet and a base rental fee of $10.00 per square foot during the first year, together with increases of $.25 per square foot each year thereafter. TSA surveyed the premises and claims that it has been allotted only 6074 square feet. Baron denied that the specific reference to 6293 square feet controls the interpretation of the Lease. Moreover, Baron argued that Paragraph 4 of the Lease specifically sets forth the amount of rent due each year and does not calculate rent based upon a certain sum per square foot. Moreover, Baron argued that TSA waived any claim under the terms of the Lease. n, Damages Baron claims that it is due $3,823.00 for additional rent. TSA claims that it is due $9,088,35 in excess rent and $1,184.00 in excess additional rent, III. Legal Issues The legal issues in this matter involve construction of the rent and additional rent terms of the subject Lease. IV. Witnesses Baron will call Carl Davis, Baron's managing partner, as its witness. Baron will also cross-examine Jeny D. Mourn, TSA's lease auditor, and David Wilson, President of TSA. -3- ,-,-,' ~ ".- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARON II, v. NO. 94-4773 TECHNICAL SERVICES ASSOCIATES, INC., Defendant TECHNICAL SERVICES ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 95-1602 BARON II, Defendant CERTIFICATE OF SERVICE I, ANTHONY J. NESTlCO, hereby certi~ that on the 23rd day of August, 1995, a true and correct copy of the foregoing Pretrial Memorandum was hand delivered to the following individual: Edward E. Guido, Esquire Saidis, Guido, Shuff & Masland 26 West High Street Carlisle, PA 17013 Delivel)' was made at the Cumberland County Court House. . \ COMMONWEALTH OF PENNA: COUNTY Of' DAUPHIN: SHERIFF'S RETURN NO, 95-1602 Mil Term PAGE 175 AND NOW: April 4, 19 95 ,/It 2:35 P ~1. SERVED TIm WITHIN COMPlAINT & NanCE UPON Baron II BY PERSONALI.Y HANDING TO Paul Potteiger, Property Admin. and person in charge at time of service A TRUE ATTESTED COPY OF THE ORIGINAl. COMPLAINT & NOTICE AND MAKING KNOIVN TO Him THE CONTENTS THEREOF AT 931 North Front St., Harrisburg, Dauphin County, Penna. . SO A~~W.!',~~ . .r--r/ r..O ' 'ct.~ t: ...o...~:.u.),.'T /'1.1 . '+V'~~l ---_.~._._._------ --~- SHERIFF OF DAUPHIN COUNTY, PENNA BY ,-: .' .' /- ~.t...'.,-;... :.......< _.:::~~~!.._,,(-':.....e ,-II"" _ DEPUTY SHERIFF Sworn and subscribed to before me this 4th f~ of April 19 0tf.olwt) At ti 1 '. _ '\ ,-_ ' L..--. J{'I,)>..(;7U.u PROTHONOTARY 95 SHER11'F'S COST $ S-IA Technical SelVices Associates, Inc., In the Court of Common Pleas Cumberland County, Pennsylvania Plaintiff v, Baron II, No. 95-1602 Defendant Action For Declaratory Judgment ANSWER AND NEW MAlThR AND NOW, Baron II, by and through its attorneys, Hetrick, Zaleski & Pierce, P.C., files this Answer with New Matter to the Plaintiffs Complaint and avers in support thereof as follows: 1. Admitted. 2. Admitted. 3, Admitted. 4. Admitted. 5, Denied as stated. The lease is a matter of record before this Court and its terms speak for themselves. By way of further answer, it is admitted that the lease refers to 6,293 square feet of leased space. It is denied that this is the controlling term of the lease. 6, Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the matter asserted, Strict proof thereof is demanded. 7, Admitted. 8. Admitted. 9. Admitted. By way of further answer, the lease is a matter of record before this Court and its tenns speak for themselves. 10. Denied. It is denied that Baron II has overcharged TSA, Inc. any amount. By way of further answer, the avennent set forth in Paragraph 10 of the Complaint constitutes a conclusion of law to which no response is required. 11. Admitted. 12. Admitted. WHEREFORE, Defendant, Baron II, respectfully requests that this Court dismiss the Plaintiffs Complaint. NEW MATIER 13. The foregoing numbered paragraphs are incorporated herein by reference, 14. The leased premises are described in the lease as Exhibit "A" to the lease. 15. Exhibit "A" provides that if the plan of the leased premises "does not meet with TSA's approval, this lease is null and void." 16. TSA never indicated that the lease did not meet with its approval. 17. TSA has waived any claim that the leased premises do not meet with its approval. 18. The lease provides for fixed annual rent. 19. TSA has not averred that the rent amount was based upon a fee per square foot. 20. The lease does not provide that rent is based upon a fee per square foot, 21. Paragraph 4 of the lease specifically sets forth the amount of rent due each year, -2- d" ~".../' By: '/ Norman P Supreme urt 1.0. #06884 Anthony J. Nestico, Esquire Supreme Court 1.0. #58868 P.O. Box 1265 Harrisburg, PA 17108-1265 (717) 236-9581 Attorneys for Plaintiff 22. Paragraph 4 does not include a calculation of rent on a per square foot basis. 23. The rent set forth in the lease is specific to the leased premises. 24. By failing to object to the premises as provided in Exhibit "A" to the lease, Plaintiff has agreed to the terms of the lease, including the rent due. 25. Plaintiffs claims are barred under the doctrine of laches. 26. Plaintiffs claims are barred under the doctrine of consent. 27. Plaintiffs claims are barred under the doctrine of estoppel. 28. Plaintiffs claims are barred under the doctrine of release. 29. Defendant has calculated all of Plaintiffs additional rent charges exactly pursuant to the parties' agreement and the terms of the lease. WHEREFORE, Defendant, Baron II, respectfully requests that this Honorable Court enter judgment in its favor and dismiss Plaintiffs Complaint with prejudice. Respectfully submitted, Hetrick, Zaleski & Pierce, P.C. Date: 51J f j- -3- Technical SelVices Associates, Inc., Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No. 95-1602 Baron II, Defendant Action For Declaratory Judgment Edward E. Guido, Esquire Saidis, Guido, Shuff & Masland 26 West High Street Post Office Box 560 Carlisle, PA 17013 CERTIFICATE OF SERVICE I, ANTHONY J. NESTlCO, ESQUIRE, hereby certify that on the l..r~y of May, 1995, a true and correct copy of the foregoing Answer and New Matter was sent by first class mail, postage prepaid, to the following: (MIl L- CARL J, J')AVIS VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. Date: t'/;s/f.{ I I PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutmitted in duplicate) TO THE PIUI'HOKYl'ARY OF ClMlERLI\I'D COlJII1I"{ Please list the fOllowing casel (Check one) x for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- CAPl'ION OF CASE (entire caption must be stated in full) Technical Services Associates, Inc. (Plaintiff) VB. Baron, II (Defendant) vs. (check one) (X) Civil Action - Law Appeal from Arbitration (other) The trial list will be called on 8/1 5/95 and Trials comnence on 9/1 8/95 Pretrials will be held on R I') 'II Q <; (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 2l4.l.) No. 1 fin:! Civil 19 qS Indicate the attorney who will try case for the party who files this praecipe: Rnw;:arn R f.:ninn. R~ql1irpr 'Ii W Hiqh ~farppt: ("Arli~lPr Pit 17011 Indicate trial counsel for other parties if known: Norman P. H..trick" F."Qui r..- An"hony.1. N"'....ico, F."Quir",. P 11 ROle 1:!fiSr Harri..hllrq, PA 1710R-1:!fiC; This case is ready for trial. Date: ~h/~{, Signed: ~~ Print Name: Edward E. Guido, Esquire Attorney fori Plain"i ff " . .' :~~~ i ~: ,r :r::- ." ~.~ _~ -"''1 _....1" -" ., l!:- z: ....... 1'.., w ID .:.r.. . c..o c.n , Baron n. In the Court of Common Pleas Cumberland County, Pennsylvania Plaintiff v. No. 94-4773 Civil Term Technical Services Associates, Inc., Defendant Action For Declaratol)' Judgment Technical Services Associates, Inc., In the Court of Common Pleas Cumberland County, Pennsylvania Plaintiff v. No. 95-1602 .,/ Baron II, Defendant Action For Declaratol)' Judgment PLAINTIFF'S MOTION FOR CONSOLIDATION AND NOW, Baron II. by and through its attorneys, Hetrick. Zaleski & Pierce, P,C., P.C., files this Motion to Consolidate and avers in support thereof as follows: 1. Baron II commenced this actio!: for Declaratol)' Judgment against Technical Services Associates, Inc. (hereinafter referred to as "TSA") in this Court on August 22, 1994, for payment of operational costs pursuant to section 29,2.1 of a Lease Agreement entered into on April 18, 1991 (hereinafter referred to as the "Lease Agreement"). 2. On September IS, 1994, Defendant Technical Services Associates, Inc. ("TSA") filed an Answer with New Matter to Plaintiffs Complaint. 3, Baron II filed an Answer to TSA's New Matter on October 6, 1994. 1 Ol./...I'i " '.. <.. -0.ll...ll <jl-I~~/ 77J -0 ..? . Ln a, - ~- :-:~ ~~~~-;~ to... (.<J'~' - ~ 'I..e~~ ~. :..'''''l-07_' ~. '.:', --,~ > ',',' -'. t'I,. .,,-~ =-= -- CD I") en ......, - . IU- ::, :.,jV .' PRAECIPE FOR LISTING CASE FOR ARGUMENT (~t be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Technical Services Associates, Inc., '-- c: ~ VB. (Plaintiff) '" c:--) Baron II, 0:> >-> '~:.;~ .... ~ ::c .' '4 ~. - c..o <.r1 ( Defendant) No. 95-1602 Civil 19 1. State matter to be argued (i.e., Plaintiff's lIDtion for new trial. defendant's damrrer to canplaint, etc.): Baron II's Motion for Consolidation 2. Identify counselldlo will argue case: (a) for Plaintiff: Address: Edward E. Guido, Esquire Saidis, Guido, Shuff & Masland 26 West High Street Carlisle, PA 17013 Anthony J. Nestico, Esquire Hetrick, Zaleski & Pierce, P.C. 10 S. Market Square, Suite 500, P.O. 80x 1265 HarriSburg, PA 17108-1265 3. I will notify all parties in writing within two days that this case has been listed for arsunent. (b) for defendant: Address: 4. Argunent Court Date: August 16, 1995 Dated: July 25, 1995 TECHNICAL SERVICES ASSOCIATES,: INC. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO, 95-1602 Civil Term BARON II, Defendant ACTION FOR DECLARATORY JUDGMENT REPLY TO NEW MATTER 13, Denied, Plaintiff's allegations as set forth in its Complaint are incorporated herein, 14, Denied, The Lease speaks for itself. By way of further answer, the description of the "leased premises" appears as Item 2 in the Lease, 15, Denied, The Lease and exhibits thereto speak for themselves, By way of further answer, the wording referred to deals with the plans and specifications for improvements and not with the area to be leased, 16. Denied, To the contrary, there have been numerous conversations and correspondence between Plaintiff and Defendant wherein Plaintiff indicated that the actual square footage of the demised premise was inappropriate. 17. Denied, The averments contained therein are conclusions of law to which no response is required. 18. Denied, The Lease speaks for itself, By way of SAlDIS, GUIDO, SnuFF & MASLAND 26 W, Hi&h Slreet C..lisl.. PA further answer, the "fixed annual rent" set forth in paragraph 4 of the Lease was computed on the basis of $10 per square foot per annum with increases of $.25 per square foot per annum during the subsequent years. CERTIFICATE OF SERVICE I, Edward E, Guido, Esquire certify that on the 27th day of July, 1995, I served a true and correct copy of the within Reply to New Matter upon counsel for Defendant in this matter by depositing same in the United States mail, first class, postage prepaid addressed as follows: Norman P. Hetrick, Esquire Anthony J. Nestico, Esquire HETRICK, ZALESKI, ERNICO & PIERCE 10 South Market Street P.O. Box 1265 Harrisburg, PA 17108-1265 DATED: 7/27/95 SAIDIS, GUIDO, SHUFF & MASLAND By: Edward E. Gu~do, Esquire Attorney I.D, # 2 206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAlOIS, GUIDO, SHUFF & MASLAND 26 W, High Stm:1 Carli.le. PA 5 Q Z :s ~ Iii~~ lil :I~::!<~ ~ ~~l;;~;!i It OO:I:u.lr::- o Q~g':c ~ "O:I:~~ :5 ;:l~:i!!lo ~ ",~:I: ~ '" 0( Q. ~ u Q .. < rI) .... TECHNICAL SERVICES ASSOCIATES, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARON II, DEFENDANT ~ L602 CIVIL TERM BARON II, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TECHNICAL SERVICES ASSOCIATES, INC., DEFENDANT 94-4733 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of November, 1995, upon request of counsel for plaintiff, and unopposed by counsel for defendant, the non-jury trial scheduled for December 13, 1995, IS CANCELLED and rescheduled for Thursday, February 1, 1996, at 8:45 a.m., in Courtroom Number 2. By the Cou , Edgar B, Bayley, J. / Edward E. Guido, Esquire y For Plaintiff CL~ tJ.,L- 11~ Itl<' Anthony J. Nestico, Esquire \ /4 For Defendant \ ~~ :saa TECHNICAL SERVICES ASSOCIATES, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARON II, DEFENDANT . / ; \'95-1602 CIVIL TERM BARON II, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TECHNICAL SERVICES ASSOCIATES, INC., DEFENDANT 94-4733 CIVIL TERM ORDER OF COURT AND NOW, this 2- / day of September, 1995, the non-jury trial scheduled for October 5, 1995, IS CANCELLED and rescheduled for Wednesday, December 13, 1995, at 8:45 a.m., In Courtroom Number 2. By the Court, // , / " \\ / 'c ~U Edgar B. shyley, J. , Edward E. Guido, Esquire For Plaintiff _ ~.v ~L,",..(. ~ j-:z ~I ?!). ,.1.f. Anthony J. Nestlco, Esquire For Defendant :saa ~ - ,-:::; -- ,-f. '::> -::r . t'~ ~. .. .:(.. ." , ,,.1 ~ ., ,"." - "" .... .... V"I . , ,.\ .' .' ,... ,I. 1, ~', .~',:'. ; .: . ~ ~'l "~ 111 01 \I 'Jl\~ TECHNICAL SERVICES ASSOCIATES, INC., PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARON II, DEFENDANT 95-1602 CIVIL TERM / BARON II, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TECHNICAL SERVICES ASSOCIATES, INC., DEFENDANT 94-4733 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of January, 1996, upon agreement of counsel for all parties, the non-jury trial scheduled for February 1, 1996, IS CANCELLED and rescheduled for Wednesday, June 12, 1996, at 8:45 a.m., In Courtroom Number 2. By the Court! ~ Edgar B. Bayley, J. - Edward E. Guido, Esquire For Plaintiff/Defendant ~~, ~..(uL 1/ 31 h~. ~,l . Anthony J. Nestlco, Esquire For Defendant/Plaintiff :saa >- co ~:: C. " c.... . .. ~2 .- J ,.. " r 1 _.:'t ',.,' () '":' ".., [;- " .. -::": 1 ~ : '-. ';,-i l, , , i:r! .. .. , ,:.- <:'C' 0 . t:: , (J , ~- - , : . ~ ;;", - - , 0 SAlDIS, GUIDO, SHUFF & MASLAND 26 W, High S""", Carlisle. PA TECHNICAL SERVICES ASSOCIATES,: INC. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.9S:';1602ClvIi Term . .. .~.<..._._----..- BARON II, Defendant ACTION FOR DECLARATORY JUDGMENT ---~-.. ._.*... ...-.,,......-.-..-. .,..~ - PLA~NTIFF'S PRE-TRIAL STATEMENT I. STATEMENT OF FACTS Plaintiff leased office space from Defendant pursuant to a lease dated April 18, 1991. The actual occupancy was July 1, 1991. The lease is for a term of 5 years and runs through June 30, 1996. The lease provides for the rental of 6293 square feet in a building containing a total of 20,000 rentable square feet. The parties agreed upon a base rental charge of $10 per square foot per annum during the first year, with increases of $.25 per square foot per annum each year thereafter. In addition, the lease provided that Plaintiff would pay its proportionate share of ceratin "operating expenses." Plaintiff's share of those expenses is calculated by dividing its 6293 square feet by the "aggregate rental square feet in the building." In late 1994 Plaintiff discovered that the premises it is occupying contains only 6074 square feet. Plaintiff immediately requested a refund of its rent overpayment, a reduction of its future rent due, and a recalculation of its proportionate share of operating expenses. Defendant refused. SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle. PA CERTIFICATE OF SERVICE I, Scott O. Moore, Esquire certify that on the 18th day of August, 1995, I served a true and correct copy of the within Pre- trial Statement upon all parties in this matter by depositing same in the United States mail, first class, postage prepaid addressed as follows: Anthony J. Nestico, Esquire HETRICK, ZALESKI, ERNICO & PIERCE 10 South Market Street P.O. Box 1265 Harrisburg, PA 17108-1265 SAIDIS, GUID,W'SHUFF & MASLAND ~,{' cott D. Moore, Esquire Supreme Ct. 1.0. # 55694 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney Plaintiff TECHNICAL SERVICES ASSOCIATES,: INC. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 95- IlPO:1 Civil Term BARON II, Defendant ACTION FOR DECLARATORY JUDGMENT 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 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 I.AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Courthouse Court Administrator, 4th Floor One Courthouse Square Carlisle, PA 17013 (717) 240-6200 SAlDIS, GUIDO, SHUFF & MAS LAND 26 W, High Sln:cl Carlisle.PA Edward E. Guido, Esquire Supreme Ct. I.D. # 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAlDIS, GUIDO, SHUFF & MASLAND 26 W, High Stree, Carlille. PA TECHNICAL SERVICES ASSOCIATES,: INC. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 95- IlrO;l Civil Term BARON II, a Pennsylvania partnership, Defendant ACTION FOR DECLARATORY JUDGMENT COMPLAINT AND NOW, Technical Services Associates (hereinafter referred to as TSA) by and through its attorneys, SAlOIS, GUIDO, SHUFF & MASLAND, P.C., files this action against Defendant above named pursuant to the Declaratory Judgments Act, 42 Pa.C.S.A. S 7531, et seq. and also pursuant to Pa.R.C.P. S 1601 and in support thereof avers as follows: 1. Plaintiff, TSA is a Pennsylvania corporation with a principal place of business located at 2 Market Plaza Way, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Baron I I, is a Pennsylvania partnership (hereinafter Baron II) with a principal office at 931 North Front Street, Harrisburg, Pennsylvania. 3. Baron II is the owner of real property located at 2 Market Plaza Way, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Property"). 4. Baron I I and TSA voluntarily entered into a Lease Agreement for the property with an effectuation date of July 1, 1991. (A copy of the Lease is attached hereto and incorporated herein as Exhibit "A"). 5. Pursuant to said Lease, the parties agreed that TSA would rent 6293 square feet of the Property. 6. The yearly rental set forth in Paragraph 4 of Exhibit "A" is based upon the demised premises containing 6293 square feet. The actual dimension of the property leased to and occupied by TSA is only 6074 square feet. 7. TSA has requested that Baron II refund a total of Nine Thousand Eighty-eight and 35/100 ($9,088.35) Dollars in excess rental payments made since July of 1991. 8. TSA has requested that Baron II reduce its yearly rental by Two Thousand Four Hundred Eight and 96/100 ($2,408.96) Dollars for the 1995-1996 rental period. 9. Pursuant to paragraph 29 of the Lease attached hereto as Exhibit "A", Baron II is entitled to charge TSA additional rent. 10. Pursuant to the formula set forth in Paragraph 29.1.3.(3) Baron II has overcharged TSA One Thousand One Hundred Eighty-four ($1,184.00) Dollars for "Operating Expenses". 11. Baron II has refused to reimburse TSA for the overpayments set forth above and has further refused to reduce its annual rental for the upcoming lease year. SAlDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle. PA 12. There exists an actual controversy between the parties dealing with the past amount of rent and "Operating Expenses" paid as well as future rental amounts due. WHEREFORE, TSA respectfully request this Honorable Court to declare that Baron II owes TSA a refund of Nine Thousand Eighty- 3 SAlDIS, GUIDO, SHUFF & MASLAND 26 W, High Street Carlisle. PA VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. S 4904, relating to unsworn falsification to authorities. DATED: /Jltw eI, II- f;' ,qCj S' , /L---- Wilson, President II [I II n <.D 0 ~ en " ""0 f ;:. r_ c'j r:: (1),,': /- , 'liIJ ~-., -' ~..~ , , -'ill (';,-J _,~ N ,J? ;::'~ ;c:. ' . ,:;0 ~"'-' :-... ':!1 ;:; Co: ::J.: ,.:(') :"':"":t' S> ,:;rn ..... ~- ~ :r~ , :::> :t;! ~: -<,; ~, "b TECHNICAL SERVICES ASSOCIATES,: INC. , Plaintiff v. BARON I I , Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1602 Civil Term ACTION FOR DECLARATORY JUDGMENT Please dismiss the above-captioned matter with prejudice. Date: 7/~lql, Respectfully submitted, F & MASLAND By: Edward E. Guido, Esquire Supreme Ct. I.D. # 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff TSA ~ - f. t 'B. 1 ]. ~ 3 ~ ci . uj ~ l.{) ":t ~ 1!1 ('- c:- to to ,.. o r> n. =II :II. ~ ct ?;:>- -t .... w.-.-;.-: Ufo"::' ~l _2:"'-'~; t.t.,ot..)..-.t hr.. 'r.c.~'" ?::-..,..-.J t.:J "" - < l- ~:{~~R u..:t..;1,.I'o.J t. 2~.... ~B c, @ ~ en CI 52 en f" J! ~ ~ fIJ ~ ~ Iii~a 8 :::E5l\:l..c"i' ~ ~;(I;;~~ o og:t:W~ o oll.- ~ _o:cwc oJ Gc:~1!l~ en :!l~g: 8 u < fIJ , . i .