Nicholas Malfitano Oct. 21, 2015, 12:57pm


PHILADELPHIA – A condominium association that sued the members of its former executive board has reached a settlement with the defendants in that litigation.

On Aug. 28, attorney Alexander F. Barth filed a motion to enforce settlement with 12 Houses Condominium Association. Defendants Automatic Empire, LLC, Daryl Rothmund, Doug Culbert and Joan Rothmund had already tendered payment of $90,000 to the association, but settlement talks were disputed over the summer regarding the obligations of the parties and the tendering of further payment.

The settlement reached on Oct. 12 allowed for a further payment of $10,000 to the plaintiffs, and the mutual dismissal of the case within five days after the funds being were confirmed as being deposited into the plaintiff’s bank account.

A hearing in this matter originally had been set for this past Wednesday at Philadelphia City Hall, in Court chambers.

12 Houses Condominium Association was formed in December 2007. Serving on the group’s executive board for part or all of that period were Daryl Rothmund as president, secretary and treasurer; Daryl and Doug Culbert as owners and Joan Rothmund as realtor.

The suit says together, the defendants oversaw the daily operation of the condominiums located at 1121 North 3rd Street and 116 North Bodine Street in Philadelphia. They also levied and collected assessment against unit owners and paid expenses on the plaintiff’s behalf, and had the ability to sign checks drawn on the plaintiff’s accounts, the suit says.

The defendants’ executive board service was terminated on Jan. 28, 2014. Pursuant to state law, the defendants had to turn over all funds, tax records and property in their control. But, they allegedly refused to do so, or cede their control of electricity and bank business accounts.

The plaintiffs were seeking control of those records and accounts, plus $14,300 in outstanding monies from the association’s operating fund which were allegedly converted without intent of return to the plaintiff, and additional common and special assessment fees along with late charges and interest.

The plaintiff is represented by Joshua L. Grimes of Grimes Law Offices in Philadelphia.

The defendants are represented by Nicholas Heimann and Alexander F. Barth and Marian A. Kornilowicz, of Cohen Seglias Pallas Greenhall & Furman, also all in Philadelphia.

Philadelphia County Court of Common Pleas case 150400417

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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