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Home My WebLink About01-6100CINEMAGIC, 1NC. Plaintiff VS. OATRAGEOUS MUFFIN CO., INC. DBA The Phoenix Group Cliff Sobel, William Sobel, Donnamarie Hock Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN S U-ED-IN COURT. ff 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 sewed, by enterin~ a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claim.~ 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 TH/S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4TM FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 PHONE: (717) 240-6200 Pa. Lawyer Referral Service P.O. Box 1086 Harrisburg, PA 17108 PA Residents Telephone 1-800-692-7375 Out-of-State Residents 1-717-238-6715 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 CINEMAGIC, INC. Plaintiff VSo OATRAGEOUS MUFFIN CO., INC. DBA The Phoenix Group Cliff Sobel, William Sobel, Donnamarie Hock Defendants AND NOW, this/~daay of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET NO: JURY TRIAL DEMANDED COMPLAINT ~f~, 2001, comes Cinemagic, Inc. a Pennsylvania corporation, by and through its attorney, Robert W. Waeger, Esquire, and brings this action against Defendants in the above-styled case, and in support thereof alleges as follows: COUNT I Breach of Contract 1. Cinemagic, Inc. is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business at 930 Century Drive, Suite 101, Cumberland County, Mechanicsburg, Pennsylvania 17055, and is engaged in the business of selling and servicing computers, peripherals, software and related equipment, as well as programming and designing programs. 2. Defendants, Oatrageous Muffin Co., Inc., DBA The Phoenix Group is a New York corporation which trades and does business at 24 Woodbine Avenue, Suite 3, Notthport, New York 11768. 3. "Defendants" herein refers to any agent, servant or employee of The Phoenix Group including but not limited to Cliff Sobel, owner, William Sobel, agent and Donnamarie Hock, agem. 4. Defendants engage in business activities in many counties in Permsylvania and contracted for the purchase of computer products, service of computers and products and programming with Plaintiff, Cinemagic, Inc. in Cumberland County, Pennsylvania, as described in Paragraph #1. 5. Over a period of January 1997 through present, the Plaintiff and Defendants entered into agreements whereby Defendants agreed to buy and Plaintiff agreed to sell programming, computer equipment, installation of computer equipment, services for interactive training, DVD preparation and other software and computer related services, as well as programming and designing programs, of the kind, in the amounts and at the prices more fully appearing by a mae and correct copy of the Plaintiffs invoices of original entry hereunto annexed and made a part of this Complaint. 6. Over the period of January 1997 through present, the Plaintiff and Defendants entered into an agreement whereby Plaintiff agreed to sell programming, computer equipment, installation of computer equipment, services for interactive training, DVD preparation and other software and computer related services, as well as programnaing and designing programs, of the kind, in the amounts and at the prices more fully appearing by a mae and correct copy of the Plaintiff's invoices of original entry hereunto annexed and made a pan of this Complaint. 7. The Plaintiff avers that the charges were made at or about the time of these respective dates as set forth in the attached documentation and that the goods for which said charges were made were sold and delivered as charged, upon agreement and at the request of said Defendants through its agents, servants or employees. 8. As a result of the aforesaid breach of agreement between the parties, Plaintiff is now justy due and owing from the Defendants prices that the Defendants or its agents or employees agreed to pay. 9. The Plaintiff fuaher avers that the Defendants or its agents or employees, although frequently requested, refuses and still does refuse to pay said sum or any part thereof, in direct breach of the agreement between the Plaintiff and Defendants. 10. As a result of the aforesaid breach of agreement between the parties, Plaintiff is now justly due and owing from the Defendants, the sum of $60,134.10 with legal interest thereon from the 1st day of July 2000. WHEREFORE, Plaintiff Cinemagic, Inc. respectfully requests that this Honorable Court enter judgment in its favor in an amount in excess of $60,134.10 against the above-named Defendants, together with all allowable interest, costs and attorneys fees. COUNT II ACTION IN QUANTUM MERUIT 11. The averments of paragraphs 1 through 9 above are incorporated by reference as if fully set forth herein. 12. In the alternative, even if no contract is found to have existed between the Plaintiff and Defendants, which is denied by Plaintiff, Plaintiff alleges that it is entitled to recovery on the theory of quantum memit based upon the facts set forth below. 13. Computer equipment, software, programming, and peripherals were furnished to Defendants by Plaintiff over the period of January 1997 to present. 14. The computer equipment, software, programming, and peripherals were delivered to, accepted and utilized by Defendants and a resulting benefit has inured to Defendants. 15. Plaintiff, at all times material hereto, reasonably expected payment from the Defendants in the amount $60,134.10 pursuant to the discussions and dealings between the patties. 16. No part of the said net principal sum has ever been paid by the Defendants to the Plaintiff, notwithstanding repeated demands for same, and such monies are presently owing, unpaid, and due from the Defendants to the Plaintiff, to Plaimiff's great detrimem and loss. WHEREFORE, Plaintiff Cinemagic, Inc. respectfully requests that this Honorable Cotut enter judgment in its favor in an amount in excess of $60,134.10 against the above-named Defendants, together with all allowable interest, costs and attorneys fees. Respectfully submitted, ROBERT W. WAEGER, ESQUIRE Robert W. Waeger, Es~fj' Attorney I.D. No: 236~6/ 204 State Street [ / Harrisburg, PA 1710~' (717)783-3770 extension 206 Attorney for Plaintiff Cinemagic, Inc. DATED: Robert W. Waeger Attorney - At - Law P.O. Box 234 Harrisburg, PA 17108 (717) 783-3770 August 28, 2001 Clifford A. Sobel, President The Phoenix Group 24 Woodbine Avenue Northport, NY 11768 Dear Cliff, Thank you very much for your check of $8,563. In an effort to bring these matters to a conclusion, as well as address those matters discussed in your August 24, 2001 letter to Ed Richey, I will try to summarize herein. I have enclosed a reconciliation of the Phoenix Group Account. You will note that part of the remaining balance is attributable to a computer you purchased. The remaining portion of the balance is attributable to the VI-II Storytellers DVD. As you are aware from our frequent conversations, MTV networks and y0~elf were informed that due to untimely paYment on invoices by the Phoenix GrOup, the MTV prOject would cease. Some delay was caused by the time it took to ultimately make payment arrangements. In addition, MTV failed to deliver materials as prOmised in late December 2000. Even in early 2001, added delays by MTV caused Cinemagic to interrupt its work schedule. Lastly, Sony Music Entertainment and MTV made continuous and unanticipated changes to the project forcing an abbreviated prOduction process on Cinemagie. Therefore, I have advised my client that any noncompliance or prOduction delays were not through any action or no action of Cinemagic and the remaining balance is fully due. Very truly yours, Robert W. Waeger RWW:gms INVOICE ORDER DATE SHIP DATE TERMS P,O. NUMBER CONTACT PERSON Net 15 Sobel BALANCE DUE Canon Graphics System COMMENTS SUBTOTAL: SALES TAX: TOTAL: 24,667.00 $24,667.00 INVOICE ORDER DATE SHIP DATE TERMS P.O, NUMBER CONTACT PERSON Net 15 Sobel ONE-THIRD DEPOSIT Canon Graphics System 12,333.0( RE-INSTATED AS OF 1/15/01 COMMENTS SUBTOTAL: TAX: TOTAL: 12,333.00 $12,333.00 VERIFICATION CINEMAGIC, INC. hereby verify that the facts set forth in the foregoing 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 unswom falsification to authorities. Dated: ~