On May 30, 2018 a Letter,Correspondence was filed involving a dispute between Pennrose Llc, and Andre Oliveriera, Annette L Smith, Aparecida S Coutinho, Apc Associates Llc, Carl Muller, Carol L Radomski, Carol Muller, Chakrya K Molinoff, Charles Furlong, Christine E Herb, Christine Greatrex, Daniel Hanks, Daryl F Tonia, David Hercock, Diane Speer, Diego Castellanos, Doris G Blyler, Edward Mulka, Elizabeth Falco, Erika Gore, Eugene M Flacche, Eva Hanks, George C Greatrex Jr, George Freudenberg, Giovanna Ferriera, Hoover Quintero Garcia, Hui Y Shih, James E Weist, Jeffrey B Canfield, Jeffrey D Herb, Jeffrey L Molinoff, Joanne K Welch, John M Pfrommer, John S Radomski, Jose A Coutinho, Joseph Cavalieri, Karen Woznica, Katherine O Schimmel, Keenan Builders Llc, Lee H Schimmel, Margo Furlong, Marie E Kern, Ming T Shih, Muir A Mcmath, Paulette Smith, Rebecca Castellanos, Recon Investment Group Llc, Richard J Smith, Robert Gore, Robert Woznica, Ronnie M Tarchichi, Roseanne M Canfield, Russell Smith, Scott G Kern, Sigmund Tonia, Susan M Stevens, Syeda F Ahmed, Syed M Ahmed, Theodore J Speer Jr, Thomas B Mitchell, Umur Selek, Vito Brasile, Warren G Blyler, Wongsduan Mulka, for Mt. Laurel in the District Court of Burlington County.
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BUR-L-001147-18 09/09/2019 4:58:16 PM Pg 1 of 2 Trans ID: LCV20191612153 Stephen G. Raymond Thomas J. Coleman, III* Douglas L. Heinold Janice L. Heinold* Stephen E. Raymond* 325 New Albany Road William H. Menges∆ Edward A. Kondracki∆ Moorestown, NJ 08057 *Also admitted to practice in the Commonwealth of Pennsylvania Tel. 856.222.0100 Fax 856.222.0411 ∆Of Counsel dheinold@rclawnj.com September 9, 2019 Via E-Courts Honorable Paula T. Dow, J.S.C., P.J.Ch. Burlington County Superior Court Olde Courthouse, First Floor 49 Rancocas Road Mount Holly, NJ 08060 Re: Pennrose, LLC, v. Radomskis, et al. Docket No. BUR-L-1147-18 Dear Judge Dow: On August 20, 2019, the Court entered an Order to extend the timeline for the deadline of a certain expert report from August 16, 2019 to September 16, 2019. Since that time, my clients and one other defendant (Ms. Fox-Tonia) have formally retained Dr. Robert Powell, an economist, in order to provide that expert report. In the interim, there have been a few initial discussions with regard to whether this case may be suitable for settlement. Those conversations have primarily been between me and counsel for Pennrose, Victor Herlinsky, Esquire. The last substantive conversation on that issue included discussion on Defendants’ legal costs to date. We have been putting off having Mr. Powell proceed with his report (much to his credit) to see if the substantial cost of his report to these Defendant residents could be avoided. I also am sensitive to the fact that an increase litigation costs may only push the case away from settlement. To that end, I am not at a point where I need either a carrying of the expert report date or we need to simply proceed with the report. I reached out to Mr. Herlinsky with regard to this issue by phone on Thursday and asked for his consent. He did not decline but asked me to reach back out on Friday with regard to settlement availability. I did so and renewed my request by email on Friday, and I followed up again today. As of the time of this letter (approximately 5:00 p.m. on Monday evening), I have not heard from him. To be clear, he has not declined to consent, but I do not have his consent either. BUR-L-001147-18 09/09/2019 4:58:16 PM Pg 2 of 2 Trans ID: LCV20191612153 September 9, 2019 At this time, I would respectfully request that the Court entertain a conference call on this matter to discuss this issue. To that end, I offer the following. The Civil Case Management Order entered on July 19th and amended on August 20th has a deadline for expert reports generally on December 31, 2019. There is nothing with regard to this particular expert report that should cause it to be treated any differently. The report could be submitted anytime between now and December 31st, and it would have no impact on the ability of the parties to proceed to trial on April 28th (should this case need to be tried). I apologize for the need to implore the Court for itsintervention on this issue, but I do want to be wise about rational steps that may be taken to preserve the potential for settlement and avoid potentially unnecessary litigation costs. My clients are, at the end of the day, a small group of residential homeowners (three house with five residents total) that were sued by Pennrose with regard to deed restrictions in place. I thank the Court in advance for its consideration in this matter. Respectfully submitted, RAYMOND COLEMAN HEINOLD, LLP DOUGLAS L. HEINOLD Encl. cc: Service List (by e-filing) Client List (by e-mail) Dr. Robert S. Powell, Jr. (by e-mail)