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Home My WebLink About97-03986 .. ... tI "5 \1 ~ \. ~ 11 ~ ~ ) ~ . " \: ~ ~ ~ :-... - ,~ .. <::J ~ ~ ("C) l\J ~ &\ I \ , -'<') \,'".) '-.l ~ 1'('\ >- .... ~ "r\ ~ u; fo, ~ .". .-~ . .~ \.' tt,~:? -. J L-": . '" ()..- .- ; '-o.':t- " ','<-' .t~ tt~~ "- t<) \"-I i> 1"4_ yt ~ C .' '-9 , L),.. .',J . . - ",'" '" ~ [~~. . :--' <.. '. '.) . ,. "'i ~'f ;:. "'\t - , I t- . . 0"<- ~~ 0 -:. tJ' U ~ --- "--" t \ ~ '.. ~ .". A.,'"'ih ~I!IOCtA'nUI ....ttl..NU'~ .~~.u AriA... ~:to'?t:Mr nINtiU,.6N> PENNSnv_ l7055 '" . . . . ,- ~J t < tit' ~""' ~ -. -- <- Co. _. ,. '-"- I ,... '- ,,' u In The Court of Common Pleas of Cumberland County, Pennsylyania . . John R. Fenstermacher and Fenstermacher and Associates VS. Advantage Real Estate Group, Lid, No. ')7-3986 Civil Term 19_ Now, Sept. Dauphin 5 , 199719_,1 SHERIFF OF CI:i\lBERLA:"iD COUNTY. PA do hereby dtputlzethe Sberlffof Counly 10 uecutelhb Wrlt.lhis depul~Uon being m~de allbe requut and risk of Ibe PI~intiff. t'~~~ SberiffofCumberland Count), P~, Affida\'it of Sen-ice l'iO'"'t wilbin 19 o'clock :\1. .ened the ,al upoo at by bnding to 3nemd copy' oflbe original the contents tbereof. a true and and made know'n 10 So an""'en. Sheriff or County, h. COSTS ~".rn antl.uh,crihed heft.n m. tbi> d.y of 19_ S[R"ICE MllE.\GE "HID.\\IT s s In The Court or Common Pleas Or Cumberland County, Pennsylvania John R. Fenstermacher and Fenstermacher and Associates VS. Lamar Hume No. 97-3986 Civil Term 19_ lio.., Sept, 5, Dauphin 199719_.1 SHERIff OF CUMBERLA:'I'D COUIiTY, PA do htrfb~ d.putize Ih. Sherirror Counl)'lo n.cUle lhis Writ, this d.pUl:IlIon being m~d. ~llh. r.qum ~nd ri.k ofthe Pbintirr, r'~~-'<~~ SherirrorCumberland Counl). P~. Affidavit of Sen'ice i\iO\\, 19 ,Ill o.c1ock \1, sened tbe "itbin upon ~t b~ h.nding to ~tt.,ted cop~ oftbe origin~1 lbe conleDIS lbereor. alrae and and made kao"n to So an....", Sheriff or COUl). Pa. COSTS S\\orn and subscribed bt~rt mt thh. d~~ ..r 19_ SERVICE MILEAGE AHID\\IT 5 ~ 6. Defendants Hume and Gardiner comprise the entire Board of Directors of Advantage. 7. Defendant Hume is the duly elected President of Advantage and Defendant Gardiner is the duly elected Secretary of Advantage. COUNT I BREACH OF CONTRACT FBNSTERMACHBR AND ASSOCIATES V, LAMAR HtlMB, JOHN GARDINER, ADVANTAGE REAL ESTATE GROUP, LTD, 8. Paragraphs 1 through 7 are incorporated fully herein by reference. 9. In or about June 1996 Plaintiff began providing services to the Defendants. 10. Said services were in the nature of providing legal representation in incorporating Advantage, and the Defendants purchase of certain assets. 11. Defendants accepted said services and were provided monthly invoices for such services. 12. Defendants have failed and refused to make payment of the correct outstanding balance of Eight Thousand Eight Hundred and Thirteen ($8.813,95) Dollars and 95/100 Cents. WHEREFORE Plaintiff respectfully requests this Honorable Court enter Judgment against Defendants in the amount of Eight Thousand Eight Hundred and Thirteen ($8,813.95) Dollars and 95/100 Cents plus costs, interest and all other relief deemed fair and just. COUNT II UNJUST ENRICHMENT FENSTERMACHER AND ASSOCIATES V, LAMAR HOME, JOHN GARDINER, ADVANTAGE REAL ESTATE GROUP, LTD, 13, Paragraphs 1 through 12 are incorporated fully herein by reference. 14. Plaintiff provided and Defendants accepted services in the nature of legal representation and advice, 15. The services provided by Plaintiff constitute a substantial benefit to the Defendants, 16, As of the date of this Complaint, Plaintiff has not been paid the amount due, said amount being a reasonable and customary charge for such services, WHEREFORE Plaintiff respectfully requests this Honorable Court enter Judgment against Defendants in the amount of Eight Thousand Eight Hundred and Thirteen ($8,813,9Sl Dollars and 95/100 Cents plus costs, interest and all other relief deemed fair and just. COUNT III BREACH OF CONTRACT FENSTERMACHER AND ASSOCIATES V, LAMAR HOME 17. On or about November 4, 1996 Defendant Hume entered into a binding written contract ("contract") with Coldwell Banker, MGM Realty, Inc, ("Coldwell Banker") for the purchase of certain assets of Coldwell Banker. Plaintiff is not in possession of the contract at this time. It is believed and therefore averred that Defendant Hume is in possession of the contract. 18. Under the contract, Hume assumed certain obligations owed by Coldwell Banker to Plaintiff. 19. Such obligations were the payment of legal fees owed to Plaintiff by Coldwell Banker. 20, The amount of the obligation assumed by Hume was Thirty One Thousand Seven Hundred and Thirty Four {$31,734,48} Dollars and 48/100 Cents, at the time the contract was executed, plus interest accruing at the annual rate of twelve (12%)percent. 21. Plaintiff is a third-party beneficiary under the contract, 22, Despite repeated demands Hume has failed and refused to make payment to Plaintiff of the aforementioned amount. iT: ..:r >- ..3 . .., -' ~ ., . i .....(! N '-.~\ :..; f...,. :L t 1 ,^ '" (J '.' - ...... ~:J c.. ~..: :"'1 .~ ,,,,;": ..' , \." .' ':I. t );~ Ct :- '..lu..; C. ,~ fo- ;e to:. -. lj, r- -) '-' a- U \"~ MOTION FOR MORE SPECIFIC PLEADING {Failure to state material facts with regard to individual Defendant,) 6, In paragraphs 8 through 12 of its Complaint, Plaintiff alleges a contractual relationship between itself and John Gardiner, collectively with the other Defendants. 7. In paragraphs 13 through 16 of its Complaint. Plaintiff alleges that Defendant John Gardiner, collectively with the other Defendants, "accepted a substantial benefit" from Plaintiff in the form of legal representation and advice and that Defendant John Gardiner, collectively with the other Defendants, has wrongfully refused to pay Plaintiff for said benefit. 8. Plaintiff has failed to state in either Count I or Count II of its complaint, what legal representation and advice, if any, was provided to Defendant John Gardiner. 9. Plaintiff has failed to state how Defendant John Gardiner has benefitted from the legal representation and advice allegedly provided to the collective Defendants. 10. Plaintiff has failed to allege the material facts in which its causes of action or defenses against Defendant John Gardiner are based in a concise and summary form as required by Pa. R. Civ. P. 1019(a). Count I and Count II of Plaintiff's Complaint should be dismissed with regard to Defendant John Gardiner for insufficient specificity pursuant to Pa, R. Civ, P. 1028(&) (3) , 3 COLDWELL BANKER Hershey Pa .7 o 12/04/97 16: 15 I5l :04/06 NO:B73 .............ac; cma loa LJNC,()lM ITI.U1 NAJ.1.lllUaC. PA 17U2 cnn &........0 flJI--I F...........c... ..aD A..DC....... A1'ToaNllYS A_ CCUMJaOlLI AT LAY NN lAST ~ aDAD MIOti\'OC"....... I'INNIYLVAJolIA 11055 .'In .....00 'fM':CflU el." ....8..... ClCIA" CITY CIffICI "IAT _ CIC&AM an. ..~ _ - ...,- MUM ~ TOo , I MAaUSII&C: GIOICI c ,_--" ClI9ICl c ) OCIA" CITY 0fIIICI JOtDI a. nNn".MACMU, DlAleT PIAL V.1) .".5..10 ......... "''''''n.....lA ..... ""w ...,.1' .AA. June 111, 1996 Mr, LllIII4r HUJlle 1135 West Governor ROad Kur.hey, PA 17033 RE' Representation Dear Hr, Hume: w. are pl....d that you have asked the Office. of Fenst.rmacher and A..ociates, Attorney. and Counselors at LaW to repres.nt you in your ca.e/project. .~.., ~ It i. our fin's practice to confina in writinIJ the identity of any client whom we represent, the nature of our undertaking on behalf of that client and our billing and payaent arrange.ents with respect to our legal services, w. und.ratand that ",. are being engaged to act aa coun.el for L..ar Kuma and for no oth.r entity or .ntities and that WB are to r.pre.ent you in matter. involving Harion Q, Molinari and Coldwell aanker/MGH Realty, 1nc, you will receive a .tate.ent for legal .ervicee rendered .v.ry month. In larlJa part, this stat..ent will be based on the time expended on your case, including, but not limited to telephone conference., preparation of documentation and general legal advice, I will be the .ttorney pri~rily r.sponsible for your case/project. My billing rate 1. $1~5,OO per hour, At tim.., it will be wore expedient to your ca.e and more cost-efficient to you to draw on the .ervice. of other at.torn.ys and paraprofe..ional. in our office, Their .ervice. will be charqed t.o you at the following rat...: Senior Part.ner. Senior A..ociate. Junior A..ociat.e. Paraleqal. lAw Clerk. $125,00 per hour $100,00 per hour $ 90,00 per bour $ 55.00 par bour $ 55.00 par hour 12/05/!17 \:.: 19 TX/RX 'n.324\ 1'.004 . COLDWELL BANKER Hershey Pa 1iiP o 1Z104/97 16:15 QI :05/06 NO:B73 Mr, LlIIIIare HUllle June 19, 1996 paq. Two The.e rate. will prevail until June 30, 1996, after which the rate. will be aubject to increaae, Our .tat..enta for legal .ervice. may also include an additional fe. ba.sd on the re.ult acco~plished, time limitatione, the importance of i.sue. involved or the skill required to perform the .ervice, Your atatement will alao include a charge for any coats which we may incur on your behalf in performIng leqal a.rvices, including but not limited to filinq feeS and charqes for po.taqe, photocopies, telecopier charges, long distance telephone calls, travel, busine.e meal. and conferences and computer re.earch, We reserve the right to terminate our attorney-client relationship at any time for nonpayment of our fees, Intere.t: at the rate of one and one-half (1.5') percent per month will be added to balancea more than fifteen (15) days paat due. We a180 re.erve t.he right to charge you any collection fee and attorney'. fee. incurred in connection with ~ount8 which may become delinquent. ~ You have agreed to send us an advance paytlent of )'ive Hundred ($500.00) Dollar.. Statementa for professional service. and related charges, based upon our st.andard billinq practice. a. described in thi. letter, will be pre.ented to you and will be payable upon presentation a. described above, Your advance payaent will be applied by us to any outetandin9 nonthly balance that may be due us. To the extent no amounts are then owing or if you elect t.o terminat.e our repre..nt.ation, we ahall refund .uch advance payment or re.aining portion thereof to you, w' will ...k to keep you informed aa to the proqre.s of our enqagement, A. appropriate, we would expect to send you copies of significant paper. prepared or received by U8, If you have any questions about our service. or about the status of our .nqa~ent, pleaae feel free to contact me at any time, 12/05/97 15: 19 TX/llX NO,3241 ",005 . '- Oi -' t,.; ..'<~ ( , 1..._ I (- t:~ t - ," . I, r,,~ , U (.!, ;.~ ~ ,.. (") (;: ~ tr. ';;' ~b "l/.:" ., ':.~ . ) . "" -,~ " =% r- "'i;':: , ." c..: ,~:/~1 \Jo. ~}~L., c:.: :; . 0" C C' \..) JOHN R, FENSTERMACHER AND FENSTERMAGIER AND ASSOCIATES, Plaintiff IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 97-3986 LAMAR HOME, JOHN GARDINER ADVANTAGE REAL ESTATE GROUP, LTD" Defendants JURY TRIAL DEMANDED TO: Lamar Hume 116 Cocoa Avenue Hershey, PA 17033 Advantage Real Estate Group, Ltd. 545-547 West Chocolate Avenue Hershey, PA 17033 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, 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 NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 -- ; -,... c-: 1.1' .-r ," ~ .' , -- . , - - !. ' . ...::.': ... " r- 1 \ t.. . ,. ,ID \, ':1.. ,. '-' -:j I' (~n L' en (.) r ~ j ~ - ..... ~~ to.... ~ .... :", ..... 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