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HomeMy WebLinkAbout09-3188F1d1b11JtigationTortna .Auctioiieers\Radce,Complaint.doex - 5/18/09 10:31 AM FORTNA AUCTIONEERS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2009 - 318$ 0-t u i l, OLD FORGE BUILDERS-NEWVILLE, INC.: Defendant COMPLAINT 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MidPenn Legal Services 513 Chestnut Street Lebanon, Pennsylvania 17042 (717) 274-2834 AND NOW, comes the Plaintiff, Fortna Auctioneers, Inc., by its attorneys, Buzgon Davis Law Offices, and files the within Complaint, averring as follows: 1. Plaintiff, Fortna Auctioneers, Inc., is a Pennsylvania corporation is a Pennsylvania corporation with a place of business located at 26 E. Main Street, Annville, Lebanon County, Pennsylvania, 17003. 2. Defendant, Old Forge Builders-Newville, Inc., is a Pennsylvania corporation with a place of business located at 9 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Pursuant to an agreement for auction services and advertising expenses Defendant and Plaintiff signed a Real Estate Contract -With Reserve ; a true and correct copy of the contract is attached hereto as Exhibit "A". 4. The amount due and owing by Defendant to Plaintiff for the advertising and various expenses related to the auction, is Twenty-Four Thousand Six Hundred Sixty-Six Dollars and Thirty Cents ($24,666.30); a true and correct copy of the letter confirming same is attached hereto and designated Exhibit "B". 5. Plaintiff has demanded payment of the amount due under the contract and Defendant has failed to make any payments. -2- COUNT I - BREACH OF CONTRACT 6. The averments of paragraphs 1 through 11 are incorporated herein by reference as if textually set forth at length. 7. Plaintiff and Defendant entered into a valid contract for the advertising and auction expenses. 8. Defendant is in breach of the contract by failing to pay the agreed-upon amounts due. 9. Defendant's breach has caused damages as set forth herein. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in its favor and against Defendant in the amount of Twenty-Four Thousand Six Hundred Sixty-Six Dollars and Thirty Cents ($24,666.30). COUNT II - QUANTUM MERUIT 10. The averments of paragraphs 1 through 15 are incorporated herein by reference as if textually set forth at length. 11. Plaintiff supplied the aforesaid services with the expectation of remuneration. 12. Defendant is unjustly enriched in that they received the use and value of the aforesaid materials without payment. 13. Plaintiff has suffered damages as indicated herein. -3- WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in its favor and against Defendant in the amount of Twenty-Four Thousand Six Hundred Sixty-Six Dollars and Thirty Cents ($24,666.30). BUZGON DAVIS LAW OFFICES BY: `? David R. Warner, Jr., Esquire Attorney I.D. #206212 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: warner@buzgondavis.com Attorneys for Plaintiff -4- VERIFICATION I, Michael R. Fortna, authorized representative of Fortna Auctioneers, Inc., do hereby verify that I am the Plaintiff in the foregoing action; that the attached COMPLAINT is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 5/1s/ej 7-10 4 ICHAEL R. FORTNA -5- Fa TNA NEiiwnMra*,AnwftPA I= Hwemx q: (Yin 364M Anw#ft (M) W-+451, AUCTIONEERS REAL. ESTATE CONTRACT WITH RESERVE (Buyers Premium) I- THE U?fOlp61eI1B1,vrihatarihngelsr orcoNrcq?wly, @hiwiwaKnNrwd b see "&Utr'}, i ombg shwrwdiawrwnbhihatoftsawlawihe OWN*) in tatefta propeo sNaafedst or bnoW n flofarMehrNon Flllle ©mrefipphenf, if. fesAoa Tkp., Mme, PA ? FGRiITAAUCfp1?i8 pwp(q referred b as'Arratlah Cab s.3seaid ProPw4r air w. ?.? d.e?,?J,/?,ipgi, k?dock P.1A. wNh ? btddrraMo.?fio rnMenua? W _'9w ad?dva (?. ?)D0U AK M #&MM ao M ova neaMd above pmdan pre s, ar wsmve" aroma (i_. _,) DOLLAR8, tM phop" e b M rewowd %M M tale by AWM Co. 3. M Moved 9w prop" b lo baoflwW sWdvidsd w M panics, Sdw benbr a gobw Auction Co to obbhh,army, for ads p Npose ad b tdrarga tt cw tawof to to SLbf. 4. Sdw ahg -- b aNow Forhhs Auaoasm b cobd a 3%pnia) pow* Buyers Pnmdw%a 3%(lthtas) oammobvica and an OWN" Labe br a dWas BMW Neft (!M M IM phrlaf 1000 mhsspso hones Oft OR She WW Prhndant prey oHM poparl 0010es.NUM *Wk NOW is pmsida a podaad rrah I I III tlfk, see the odor bh onto bighsN bid asala lM w thoa7? l ) P ?Md's MW 1w 3% 0M"Xoowbion wM be ohar?d 10 dnih amoral of say arhlelehrigariewdit ooooft &id =uNd dmw whd a rmmi ft w31 Mb M s@Mwwkk FrhhhhaArrtlioaaeesaM3 M aalNNilhdrooNr 064 -m tad to or%iawNnp co ft eakatirsad b porhn Aaalenwubow ea ahmaoreed dapoeNaanee. flaald cawabioos a foie otall M ahssOdNM tarried vrhaa eve awdlorn asla a ooaglife by tra bIt of t+e ttsamaer. M IM irtird the k not sold atfM andiorh als for any on o6wila ss ed bM M Paragraph siglrf. &gar atpaa to py tN Auden Co. the etwh of 0618w-- ,? 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M Neu of Aacbn Ca's wouer comioeeloa, plus ibe cost of adeattehg asd vuw^ ff why. 8. &eMsrrhgrwsputtNltaabmtalcanagmwaanttoodefatesodpoperlyorpropeNiiepriartolMMefhrWWsale,&NwsbdFpayAuden Co.Iswamobviwh bwW upon look pdoR ow ftb*ewnw tfor say adv 0 ft aapwaaaaml savvy ooau tat may M due lhereamlw, acid coatedssbrh b bepall vwoMw or M ft rake a aegdeMd byr Mallet Ca 10. 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Vw imrw; and for tM confndon and entry of such Judgment, the eghsihowd or m true and oorrsot copy thereof staN M wl0cle t wwrad and atAlhorky. 11. The sdw donhe a6y Igo p operly or propmtse are aotd vAwn ninety doge (30) old* auction date, forlM aniaa?t 4 or Me 11" to het bid has tM MIN WackonlM ?? of wdhxi, b pay twAuden Co, lb flhl coaraissert . M Auction co. ague b oft& o ten (1g%) PERCEIIT depoaft st do than of ids by ouch, dmm* or otbw good and guMclent coi hmr at tw dhcrWo otAudion Co„ wheh stag beMid Mesa won bobd of N putt uhdNfhal ntlw wt or WmYgtonof Wa Uar sxftn. 13 SeEamsat shill bs Mid vrMfdah days (dttye of fire tae, at whop tahs Ahhdiou Ca'e oomweabhl tae nhnbuweeNnt for adrwtleeg, euevay, elc, sMN M paya bb in fuL 1 Q ta. eweragntwbamewlsarddeNwra{NrwralweghAssdforlMoorweyarwamadbmhatarotaaldprapsrfyandbprwidagoodawfamwhslablattls,tieeaaddwhraf ati feria and 4WA1 hrWM (aM*dJ* d 11 IN q ns110 - ordkmmcw emgonl61 rf 10 oralghb orpn6Ne e1 -.0 oonnpreries 04 agra two of Ma Room of mcmd) and such MlsM be bhswed at ngrdw rules by 800 tmuagaa oontpaay NoeM Mao do business M Pmwjfhharhe. 15. Audlor? Co. agues b use M beet atlwtb sacun a lahydr for are propelar or propertles and b the sda on iba lfetisrs bahaN.Aadbn Co. aukea rw sanrant sea. to tare prioe, vakw, or sale hesut. It Mdiewadofaddw*bythebeywofkhspapaly,StierdelraaeslwfoddWdposkIm Auden Co.'sredaWeowndabnwhdessnmMusewmdtothe Auction Ca br uhnrteip cede, fraveya, a1o. 17. SWW wenants the truth of M dalea"wntainedfhwaM and tat Sdw his ate dgM b Cowry v& f'* old Prep". IS. The wrtttmr swoon d cons" ft aerie owhtradbstwsen ba pw§ Thaw aro.hro aat wphaimhtione arms anther than are ferns sd twfh Itershr lo. TM Pete, Mwb, htferesWq b M iegoijt , alectare ihdthe agwsmehd aMN M bihrdhhg upon tam, tick wspidiw Mks, aacrgare, idwbdetrabte, aaxaaors, and asslgra. 20. Odw WITNESS out4 'T'V*dit _Zi2_ day of 4907- 1r, Add Zip Code Home Phone, Area C e Office Phone, Area Code { ) Name: {SEAL) Addrew:- ZJ Cbde BY- EXHIBIT A FORTNA AUCTIONEERS 26 E. Main St. • Annvilie, Pennsylvania 17003 Mr. Bob Rader 5115 East Trindle Road Mechanicsburg, PA 17050 December 5, 2008 Ref: Auction of real-estate and vacant land located at North Newton Hills development. Dear Mr. Rader, Thank you for allowing Fortna Auctioneers to conduct the auction for your real estate and vacant land located at the above mentioned address. It is unfortunate that the final bids that were obtained were not accepted. As per our agreement, please send a check for the marketing costs in the amount of $22,753.00. The advertising and marketing costs include,not only the charges assessed by the publications used, but also our professional marketing expertise and the time incurred to do so. This includes: putting together the advertising design, delivery of ad copy (by hard mail, fax, email), proofreading ad copy prior to actual printing, necessary phone calls approving or correcting ad copy, mailing. preparation, telemarketing and set up for auction, travel time for above mentioned tasks and the erection and removal of all signs. Please note that the above amount is $4,506.92 less than the original agreed upon marketing cost. in addition to the marketing cost, there is also a $1,000.00 auction fee (paragraph 4 of real estate contract) and a tent rental fee of $913.30 (copy of tent fee is attached). So please send a check to Fortna Auctioneers for a grand total o£ $24,666.30. Our secretary Kim has also instructed me to forward a copy of the agreed marketing proposal to your financial institution as per your request. Time is of the essence and to avoid further interest charges, please make payment due to Forma Auctioneers as soon as possible. Sincerely, William N. Bering Jr. lk- Fortna. Auctioneers & Marketing Group (717) 236-7888 (Harrisburg) Michael Fortna, CAI. www.fortnasuctioneem.com FAX: (717) 867-5265 (717) 867-4451 (Annville) EXHIBIT B FORTNA AUCTIONEERS, INC., Plaintiff VS. OLD FORGE BUILDERS-NEWVILLE, INC.: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009 - AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that on May 18, 2009, in the Office of the Prothonotary of Cumberland County, the original COMPLAINT and that I provided a true and correct copy to the Sheriff for service upon Defendant, Old Forge Builders - Newville, Inc., 9 Keystone Drive, Mechanicsburg, Pennsylvania 17050. Sworn to and subscribed before me this 180' day of May, A.D., 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Unda 1.(YNeN, Notary Public City Of Lebanon, Lebanon County My Carmellission E)Ores July 3, 2011 Member, Pennsylvania Association of Notaries ?J -,? TR 2LO Q9 Y 19 Pill 12: 1 It X78. s???L eK-14 a9??y 1?+?- -Z?s a3q Sheriffs Office of Cumberland County R Thomas Kline ?g It umb'r'r Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy DICE OF THE SKBRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/2812009 10:25 AM - Steve Bender, Deputy Sheriff, who being duly swom according to law, states that on May 28, 2009 at 1025 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Old Forge Builders-Newvilie, Inc., by making known unto Craig Hench, Owner at 9 Keystone Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 May 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff 2009-3188 Fortuna Auctioneers, Inc. V Old Forge Builders-Newville, Inc. c? ~ r-' ' l = F ":? r.a LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX FORTNA AUCTIONEERS, INC. : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW OLD FORGE BUILDERS-NEWVILLE, INC. : NO. 2009-CV-3188-CV DEFENDANT : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: FORTNA AUCTIONEERS, INC. c/o David R. Warner, Jr., ESQUIRE You are hereby notified to file a written a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. The Law Offices o e er . usso, P.C. Attorneys for the Defendant Peter J. Russo, Esquire ID No. 72897 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 717-591-1755 Date: June 8, 2009 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX FORTNA AUCTIONEERS, INC. PLAINTIFF V. OLD FORGE BUILDERS-NEWVILLE, INC. DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2009-CV-3188-CV : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT OLD FORGE BUILDERS-NEWVILLE INC. TO PLAINTIFF'S COMPLAINT AND NOW, COME Defendant, Olde Forge Builders-Newville, Inc. (improperly styled as Old Forge Builders-Newville, Inc. and hereinafter "Objecting Defendant") by and through its attorneys, Law Offices of Peter J. Russo, P.C., and file the within Preliminary Objections to Plaintiffs' Complaint, and in support thereof, avers as follows: 1. On or about May 19, 2009, Plaintiff Fortna Auctioneers, Inc. commenced an action against Objecting Defendant by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Plaintiff's Complaint purports to set forth causes of action against Objecting Defendant in separate counts, for breach of contract and quantum meruit. 3. This action involves the engagement of Plaintiff as an auctioneer to sell real property owned by Objecting Defendant located in Newville, Cumberland County, Pennsylvania. DEMURRER ALL COUNTS 4. Paragraphs 1- 3 are incorporated herein by reference as if fully set forth at length. 5. The allegations set forth in Plaintiff's Complaint assert that Plaintiff, Fortna Auctioneers, Inc. executed a contract to provide services to Objecting Defendant. 6. The exhibit attached to Plaintiffs Complaint bears a signature block for the signature of an authorized agent for Fortna Auctioneers, Inc. 7. Plaintiff alleges that Fortna Auctioneers, Inc. is a Pennsylvania corporation. 8. Objecting Defendant alleges that Plaintiff does not have the capacity to enter into a contract as Fortna Auctioneers, Inc. because no such entity existed at the time of the contract and counsel is unaware of the existence of said company as of the filing of this pleading. 9. Objecting Defendant has completed a public records search and it has revealed that no entity is recorded without the Department of State's database of incorporated entities which matches the name Plaintiff has adopted. See attached Exhibit A. 10. A corporation cannot acquire rights legal or equitable, or become charged with an obligation before the moment of its creation. The Tyaert-Allen Fertilizer Company Appellant, v. The J E Tygert Company, 191 Pa. 336; 43 A. 224; 1899 Pa. LEXIS 822. 11. Plaintiff was not formed at the time of the alleged contract and therefore cannot acquire any rights legal or equitable. 12. Further Plaintiff was not formed at the time of the alleged contract and therefore lacked the capacity to enter into said contract. 13. Plaintiffs Complaint fails to present a cause of action for which any relief may be granted under any theory of law as it is legally and factually insufficient. WHEREFORE, Objecting Defendant respectfully request that this Honorable Court SUSTAIN the Preliminary Objection in the nature of Demurrer and DISMISS Count I and II of the Complaint as to Plaintiff's claims for a breach of contract and quantum meruit with prejudice. I?c i , Peter J. Russo, Esquire Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 717-591-1755 Date: June 8, 2009 EXHIBIT A Corporations System Search Results Page 1 of 1 Corporations Online Services I Corporations Forms Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Search Type: Starting With Search Criteria: fortna auctioneers, inc Search Date: 6/8/2009 Search Time: 16:02 No Records were found for the search criteria Tortna auctioneers, inc' on 6/8/2009 4:02:06 PM Home I Site Map I Site Feedback I View as Text Only I Employment 4 U o Home Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www. corporations.state.pa.us/corp/soskb/SearchResults.asp?FormName=CorpName... 6/8/2009 Corporations System Search Results Page 1 of 1 Corporations Online Services I Corporations I Forms Contact corporations ( Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Search Type: Starting With Search Criteria: Fortna Search Date: 6/8/2009 Search Time: 16:05 Click on the Business Entity Name or Entity Number to view more information. Business Entity Name Entity Number Type Stat Entity Creation ? us Date ?. FORTNA BROS INDUSTRIAL SALES 2209254 ................ . Fictitious ........ . Active 9/2/1952 AND RENTAL SERVICE Names FORTNA INC. 796783 Business Active 1/27/1984 Corporation FORTNA TRANSPORTATION, INC. 2045587 Business Active 8/20/1991 Corporation Records Returned 1 to 3 Home I Site Map I Site Feedback I View as Text Only I Employment 00"ea U Q Horne Copyright O 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement hqS://www.corporations.state.pa.us/corp/soskb/SearchResults.asp?FormName=CorpName... 6/8/2009 . . . • LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX FORTNA AUCTIONEERS, INC. : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. OLD FORGE BUILDERS-NEWVILLE, CIVIL ACTION -LAW INC. : NO. 2009-CV-3188-CV DEFENDANT : JURY TRIAL, DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Preliminary Objections to Plaintiff's Complaint upon the following persons, in the manner indicated: FIRST CLASS MAIL David R. Warner, Jr., Esquire 525 South Eight Street Post Office Box 49 Lebanon, PA 17042 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashl . Sipe, P legal Date: June 8, 2009 ppy r PITO, F 1 I 2003 JU'jj -9 AM 9' G r ? Al l?tllf ?1 it, }"J1114 itigatiow+ortnu Auetioneers'.OId Forge IWiIdet' Iiputation to amend caption doct - 6•'16100 10:31 AM FORTNA AUCTIONEERS, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW OLD FORGE BUILDERS-NEWVILLE, INC., : NO. 2009 - 3188 Defendant STIPULATION TO AMEND CAPTION AND NOW, come the parties by their respective counsel and stipulate and agree that the Plaintiff's name shall be changed from Fortna Auctioneers, Inc. to Michael Fortna d/b/a Fortna Auctioneers and Fortna Auctioneers, Inc. BUZGON DAVIS LAW OFFICES BY: °... j ,id R. ;.sa :i`3rnca, Jr., L'.Ji:l:.i11 Attorney I.D. #206212 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: warner@buzgondavis.com Attorneys for Plaintiff THE LAW OFFICES OF PETER J. RUSSO, P.C. B ?SG Attorney I.D. #72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717)591-1755 Attorney for Defendant FORTNA AUCTIONEERS, INC., Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009 - 3188 OLD FORGE BUILDERS-NEWVILLE, INC.: Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that on June 19, 2009, I mailed to the Office of the Prothonotary of Cumberland County, the original ORDER and STIPULATION TO AMEND CAPTION and that I provided a true and correct copy to Peter J. Russo, Esquire, 5006 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania 17050, Attorney for Defendant. Sworn to and subscribed before me this 19'x' day of June, A.D., 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal - Ashley M. Long, Notary Public CRY of Lebanon. Lebanon county my Comirrul oe June 28, 2011 Member, Pennsyly" Astrdeiation of Notaries RI 2009 23 ri-'? j 2 ¦ y FORTNA AUCTIONEERS, INC., Plaintiff IN THE COURT OF COMN CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW OLD FORGE BUILDERS-NEWVILLE, INC., : NO. 2009 - 3188 Defendant : ORDER AND NOW, this 'L5 day of S- * t. , 2009, upon consideration of th of the Parties, IT IS HEREBY ORDERED that the Plaintiff's name shall be changed Auctioneers, Inc. to Michael Fortna d/b/a Fortna Auctioneers and Fortna Auctioneer The caption shall read as follows: MICHAEL FORTNA d/b/a FORTNA IN THE COURT OF COMMOI AUCTIONEERS and FORTNA CUMBERLAND COUNTY, PI AUCTIONEERS, INC., : Plaintiff CIVIL ACTION - LAW VS. NO. 2009-3188 OLD FORGE BUILDERS-NEWVILLE, INC., : Defendant BY THE COURT, 2,d 20046 PLEAS OF Stipulation from Fortna , Inc. PLEAS OF ,NSYLVANIA 7Y. i' 1'. o ,.,.. f r"r ") r 0 i??:'•.dlh l:itic?ttit?n`.t?«r[r3a ,luctir?,,cci.,?.01d PF3r's'e. IfE?iE?f f..,?=?ici ??? ; (:??; ??1<t??;r d?, ? r.'_'-i ?y € ?? i'?. DAVID R. WARNER, JR., ESQUIRE Attorneys for Plaintiff Attorney I.D. #206212 BUZGON DAVIS LAW OFFICES 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: warner@buzaondavis.com MICHAEL FORTNA d/b/a FORTNA IN THE COURT OF COMMON PLEAS OF AUCTIONEERS and FORTNA CUMBERLAND COUNTY, PENNSYLVANIA AUCTIONEERS, INC., Plaintiff CIVIL ACTION - LAW VS. NO. 2009-3188 OLD FORGE BUILDERS-NEWVILLE, INC., : Defendant AMENDED COMPLAINT 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MidPenn Legal Services 513 Chestnut Street Lebanon, Pennsylvania 17042 (717) 274-2834 AND NOW, comes the Plaintiff, Michael Fortna d/b/a Fortna Auctioneers and Fortna Auctioneers, Inc., by its attorneys, Buzgon Davis Law Offices, and files the within Amended Complaint, averring as follows: 1. Plaintiff, Michael Fortna is an adult individual doing business as Fortna Auctioneers and Fortna Auctioneers, Inc., who has a place of business located at 26 East Main Street, Annville, Lebanon County, Pennsylvania, 17003. 2. Defendant, Old Forge Builders-Newville, Inc., is a Pennsylvania corporation with a place of business located at 9 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Pursuant to an agreement for auction services and advertising expenses Defendant and Plaintiff signed a Real Estate Contract -With Reserve ; a true and correct copy of the contract is attached hereto as Exhibit "A". 4. The amount due and owing by Defendant to Plaintiff for the advertising and various expenses related to the auction, is Twenty-Four Thousand Six Hundred Sixty-Six Dollars and Thirty -2- Cents ($24,666.30); a true and correct copy of the letter confirming same is attached hereto and designated Exhibit "B". 5. Plaintiff has demanded payment of the amount due under the contract and Defendant has failed to make any payments. COUNT I - BREACH OF CONTRACT 6. The averments of paragraphs 1 through 5 are incorporated herein by reference as if textually set forth at length. 7. Plaintiff and Defendant entered into a valid contract for the advertising and auction expenses. 8. Defendant is in breach of the contract by failing to pay the agreed-upon amounts due. 9. Defendant's breach has caused damages as set forth herein. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in its favor and against Defendant in the amount of Twenty-Four Thousand Six Hundred Sixty-Six Dollars and Thirty Cents ($24,666.30). COUNT II - QUANTUM MERUIT 10. The averments of paragraphs 1 through 9 are incorporated herein by reference as if textually set forth at length. 11. Plaintiff supplied the aforesaid services with the expectation of remuneration. 12. Defendant is unjustly enriched in that they received the use and value of the aforesaid materials without payment. 13. Plaintiff has suffered damages as indicated herein. -3- WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in its favor and against Defendant in the amount of Twenty-Four Thousand Six Hundred Sixty-Six Dollars and Thirty Cents ($24,666.30). BUZGON DAVIS LAW OFFICES BY: David R. Warner, Jr., Esquire' Attorney I.D. #206212 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: warner@buzgondavis.com Attorneys for Plaintiff -4- VERIFICATION I, Michael R. Fortna, doing business as Fortna Auctioneers and Fortna Auctioneers, Inc., do hereby verify that I am the Plaintiff in the foregoing action; that the attached AMENDED COMPLAINT is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 1,14 Cti MIC AEL R. FORTNA -5- F'o f T N A 20 ESot Mater SUeet, Annvilk PA 17003 A U CT L O N 'r =r= R S Harrisburg. (717) 236.7885 AnnvinM (7173 W 451 REAL ESTATE CONTRACT - WITH RESERVE (Buyers Premium) 1: THE UN MMONtvD, whether singular or conectkely, gmsina0er referred b as "Seller"3, hereby wanangvArraft that U* amk, the own*, in in of lhepreperty stunted at or known as North NevA n Hips Dnrebprrerd, N. Nawlon Twp,, NewvWe, PAS 2. SaNerhsreby OCIMI"s FORrriA AUCTMEM (heroin rakned toss "Auction Co.-)ter „II said Properly on the reserrre ft the highest bidder above S10 Mkd mum purchase of 'Sale addudon,,• at PAt with the mbknam purchase price, or n rvs "'sae addenrlumM (?--? DOWRS. In do Oved nu we o" Msd above DDL.LARS, the property Is to be removed firom the sate by Auction Ca 3. the Seller the ProPer le to be of Mred sUWWad or bi posy, "Iw hereby aufhofts Auction Co. to obtWo eurvey, for this pugwse and 6a clwpa the coat throeof Seller agrees to allow Fortes been to collect a 3% (IhrN) pexpt n Buyer's (the fsepst to the new Spec spec hom Prsrakan, a 3% (three) commleslen and an additional M fee for "Ung Broker % ft {t W f our Os es ort, on the total Purchsaa price oflhe PMPerhfiomet. B Bald altar is unable to provide a good agreed le , free sad der if all Ilene, encumbrerrcee or arovadrrnenls, the 3% Maw) pace.. kryer': PMMlum and the 3% (thrsi a will Bch ged to amount the Sell of 1 e highest bid heads Up day of auetlon. In 1110 evert the Buyer IS U1101110 110 make 9611arrM9, Fortna Auetionsera shall be entitled theta eoaealaion and the 011101abMrg advertising costa. Said commissions and ouldaMlrg Gods will be reimbursed to Forks Auctioneers from doe a nu, d"O monies, Sold aammkalons orfew shall be considered earned when the auction sale If compk* by On fag of the herniver. In the event tip is not Sold st the sacam pie for arty reason otlw0d p act forth M Paragraph etgK Seller agrees to pry the Auction Co. De am of (F. DOL ARS as Asctla r e Co, mieimrm tee for conducting the wk. 5. Senors Augkn?o to s the me* and agree to rshabumAudbn Co. for all advardsing " ` ?'C `T 9' 7-?- (3 1 DOLLARS. Auatlon. Ca coea and expeuu,es rrhkh are "UmOM 1o be (f t DOLLARS ta be applled against advera ocate and w? Sansrtlp sum of Check 1E Check Amount: ? apmm 110 compctlon with the sale 9. Seiler authorizes Fortna Auction Coarpany to adve ll a the property le ?ttjwwe(2 t the agreed upon MarkellAdvarfts Please acs lrad. atidrtanduM. FortneAradioneera will =?d'? irrg Proposal Coat entire Iwo Poy top advertlslegrxrcosbdtsatnot l ?`exceed moroUra%) of tha total acting price of the Please se s aMMM erer le wmftto cost v delMer a f yge a lheng f ?p vA be 00 try the *WW. lfarioMl-1.1- rgei M nd wit bo rWmbwnd to tip elver at o@Mu i It howaverr the s Fortner Auctikn so . Prof yed c°rnplets settlement, the seller will remain rssponsSrle to pay ta toll, all advartisNg?nprkeUng cook to 7. Auction Co. Shall, at ft discretion, uses a sale tentor cenopy and avenges neoesaarys"Ung as required and charges the cwthwaotto Seller; & Sena tialt if Saner wltiMrews the propargt or propargn from saleprlorto the dsta Oxed above, Sster w M pay Auction Co. ben Moww4 (SZfZj24 OOLLARS per properly for services randered, in ieu of AudWn Co.'s regular eonlmigglork Plus the cost of advertising and surreys, NOW. t=ORTNA AUCTIONEERS 26 E. Main St. • Annville, Pennsylvania 17003 Mr. Bob Rader 5115 East Trindle Road Mechanicsburg,. PA 17050 December 5, 2008 Ref: Auction of real estate and vacant land located at North Newton Hills development. Dear Mr. Rader, Thank you for allowing Fortna Auctioneers to conduct the auction for your real. estate and vacant land located at the above mentioned address. It is unfortunate that the final bids that were obtained were not accepted. As perour agreement, please send a check for the marketing costs in the amount of $22,753.00. The advertising and marketing costs include.not only the charges assessed by the publications used, but also our professional marketing.expertise and .the time incurred to do so. This includes: putting together the advertising design, delivery of ad copy (by hard mail, fax, email), proofreading ad copy prior to actual printing, necessary phone calls approving or correcting ad copy, mailing preparation, telemarketing and set up for auction, travel time for above mentioned tasks and the erection and removal of all signs. Please note that the above amount is $4,506.92 less than the original agreed upon marketing cost. In addition to the marketing cost, there is also a $1,000.00 auction fee (paragraph 4 of real estate contract) and a tent rental fee of $913.30 (copy of tent fee is attached). So please send a check to Fortna Auctioneers for a grand total of. $24,666.30. Our secretary Kim has also instructed me to forward a copy of the agreed marketing proposal to your financial institution as per your request. Time is of the essence and to avoid further interest charges, please make payment due to Fortna Auctioneers as soon as possible. Sincerely, William N. Bering Jr.r. Fortna Auctioneers & Marketing Group Michael Fortna, CAI. (717) 236-7888 www.fortnasuctioneers.com (717) 867-4451 (Harrisburg) FAX: (717) 867-5265 (Annvilie) EXHIBIT B F:\dlbTitigation\Fornta AuctIOUcers\Old Gorge Builders\ASIM Amended Complaint.doex - 7/l/09 3:00 PNI MICHAEL FORTNA d/b/a FORTNA IN THE COURT OF COMMON PLEAS OF AUCTIONEERS and FORTNA CUMBERLAND COUNTY, PENNSYLVANIA AUCTIONEERS, INC., Plaintiff CIVIL ACTION - LAW vs. : NO. 2009-3188 OLD FORGE BUILDERS-NEWVILLE, INC., : Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that on July 2, 2009, I mailed to the Office of the Prothonotary of Cumberland County, the original AMENDED COMPLAINT and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Peter J. Russo, Esquire, 5006 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania 17050, Attorney for Defendant. Sworn to and subscribed before me this 2"d day of July, A.D., 2009. COMMONWEALTH OF PENNSYLVANIA U l `? "A Notarial Seal Ashley M. Long, Notary Public City of Lebanon, Lebanon County Notary PUb11C My Commission Expires June 29, wi I Membor, Pennsylvania Association or Notaries FILL UE :, 11 CY THE `t.' ,11- my 2029 JU -6 t 9 CUB ? ?, , i ~ LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX MICHAEL FORTNA d/b/a FORTNA AUCTIONEERS and FORTNA AUCTIONEERS, INC. PLAINTIFF v. OLD FORGE BUILDERS-NEWVILLE, INC. DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-CV-3188-CV JURY TRIAL DEMANDED NOTICE TO PLEAD TO: FORTNA AUCTIONEERS, INC. c/o David R. Warner, Jr., ESQUIRE You are hereby notified to file a written a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Re 1 submitted, AW ES OF P R J. RUSSO, P.C. Peter J. Russo, Esq Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: July 21, 2009 f I LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX MICHAEL FORTNA d/b/a FORTNA AUCTIONEERS and , FORTNA AUCTIONEERS, INC. PLAINTIFF , v. OLD FORGE BUILDERS-NEWVILLE, . INC. DEFENDANT , COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-CV-3188-CV JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT OLD FORGE BUILDERS-NEWVILLE. INC TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, COME Defendant, Olde Forge Builders-Newville, Inc. (improperly styled as Old Forge Builders-Newville, Inc. and hereinafter "Objecting Defendant") by and through its attorneys, Law Offices of Peter J. Russo, P.C., and file the within Preliminary Objections to Plaintiff s Amended Complaint, and in support thereof, avers as follows: 1. On or about May 19, 2009, Plaintiff commenced an action against Objecting Defendant by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Plaintiff s Complaint purports to set forth causes of action against Objecting Defendant in separate counts, for breach of contract and quantum meruit. 3. Objecting Defendant filing Preliminary Objections to Plaintiff's Complaint. i+ 4. Plaintiff then filed an Amended Complaint on or about July 2, 2009. 5. This action involves the engagement of Plaintiff as an auctioneer to sell real property owned by Objecting Defendant located in Newville, Cumberland County, Pennsylvania. DEMURRER ALL COUNTS 6. Paragraphs 1 - 5 are incorporated herein by reference as if fully set forth at length. 7. The allegations set forth in Plaintiff's Amended Complaint assert that Plaintiff, Fortna Auctioneers, Inc. executed a contract to provide services to Objecting Defendant. 8. The exhibit attached to Plaintiff s Amended Complaint bears a signature block for the signature of an authorized agent for Fortna Auctioneers, Inc. 9. In Plaintiffs Amended Complaint counsel omits any reference to Plaintiff Fortna Auctioneers, Inc.'s status as a corporation. 10. Objecting Defendant alleges that Plaintiff does not have the capacity to enter into a contract as Fortna Auctioneers, Inc. because no such entity existed at the time of the contract and counsel is unaware of the existence of said company as of the filing of this pleading. 11. Objecting Defendant has completed a public records search and it has revealed that no entity is recorded without the Department of State's database of incorporated entities which matches the name Plaintiff has adopted. See attached Exhibit A. 12. A corporation cannot acquire rights legal or equitable, or become charged with an obligation before the moment of its creation. The Tygert-Allen Fertilizer Company, Appellant, v. The J.E. Tygert Company, 191 Pa. 336; 43 A. 224; 1899 Pa. LEXI5 822. 13. Plaintiff Fortna Auctioneers, Inc. was not formed at the time of the alleged contract and r , therefore cannot acquire any rights legal or equitable. 14. Further Plaintiff Fortna Auctioneers, Inc. was not formed at the time of the alleged contract and therefore lacked the capacity to enter into said contract. 15. Plaintiff s Amended Complaint fails to present a cause of action for which any relief may be granted under any theory of law as it is legally and factually insufficient. WHEREFORE, Objecting Defendant respectfully request that this Honorable Court SUSTAIN the Preliminary Objection in the nature of Demurrer and DISMISS Count I and II of the Amended Complaint for a breach of contract and quantum meruit with. prejudice. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT 16. Paragraphs 1 - 15 are incorporated herein by reference as if fully set forth at length. 17. Rule 1019 (h) and Rule 1019 (i) of Pennsylvania Rules of Civil Procedure requires that when any claim or defense is based upon an agreement and if the agreement is in writing, it must be attached to the pleading. 18. The allegations set forth in Plaintiff's Amended Complaint assert that Plaintiff, Fortna Auctioneers, Inc. executed a contract to provide services to Objecting Defendant. 19. Plaintiff attaches Exhibit A which purports to be the contract between the parties. 20. Plaintiff attaches a subsequent writing from Plaintiff to the Defendant as Exhibit B. 21. Exhibit B is not the agreement of the parties and has been improperly attached to the Amended Complaint. WHEREFORE, Objecting Defendant respectfully request that this Honorable Court SUSTAIN the Preliminary Objection and strike Exhibit B from Plaintiff's Amended Complaint. Res tel.} su , AW O + ' + S O + TER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: July 21, 2009 k LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX MICHAEL FORTNA d/b/a FORTNA AUCTIONEERS and FORTNA AUCTIONEERS, INC. PLAINTIFF v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW OLD FORGE BUILDERS-NEWVILLE, INC. NO. 2009-CV-3188-CV DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Preliminary Objections to Plaintiff's Amended Complaint upon the following persons, in the manner indicated: FIRST CLASS MAIL David R. Warner, Jr., Esquire 525 South Eight Street Post Office Box 49 Lebanon, PA 17042 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashle Sipe, Para gal Date: ~~ , 02oZ ~ ~°~ ~~~~~-~~ r~~ QF '~ ~~~cr ~ r;r~vt~rAF?Y 2CQ9 JJL 22 A~~i IQ~ 25 ,,,.__,_ i~~i'vi `~~i ~.d~i~~~lr1 F'adlb\L.itigationlFertna Auctioneers\Old Forge Builders\Praecipe to settle and disconunue.docx -7!2(,!10 R:33 AM _`; i.. - ,.. ~~ ii ,f~ q~u~ 5 ~s9? lc -d°I ,> - __ . . MICHAEL FORTNA d/b/a FORTNA IN THE COURT OF COMMON PLEAS OF AUCTIONEERS and CUMBERLAND COUNTY, PENNSYLVANIA FORTNA AUCTIONEERS, INC., Plaintiff CIVIL ACTION -LAW NS. . N0.2009-3188 OLD FORGE BUILDERS-NEWVILLE, INC., Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled and discontinued. BUZGON DAMS LAW OFFICES BY: ~ c~ r7_ ,-, David R. Warner, Jr., Esquire Attorney I.D. #206212 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717)274-1752 E-mail: warner@buzgondavis.com Attorneys for Plaintiff F:!dlb\l..itigationAFortna Aucdouecrs101d Fork Builders\,lffidavit of service Praecihe.docx - ~-211 G 4:52 P'~1 MICHAEL FORTNA d/b/a FORTNA IN THE COURT OF COMMON PLEAS OF AUCTIONEERS and FORTNA CUMBERLAND COUNTY, PENNSYLVANIA AUCTIONEERS, INC., ; Plaintiff CIVIL ACTION -LAW vs. OLD FORGE BUILDERS-NEWVILLE, INC., Defendant ; NO. 2009-3188 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, SHARON M. SECOGES, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that I mailed on August 3, 2010, by regular mail, in a postpaid envelope, a true and correct copy of PRAECIPE TO SETTLE AND DISCONTINUE, the original of which was mailed on August 3, 2010, for filing in the Office of the Prothonotary of Cumberland County, Pennsylvania, to Peter J. Russo, Esquire, 5006 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania 17050, attorney for Defendant. Sworn to and subscribed before me this c3 day of August, A.D., 2010. l ~~ U6~- Notary Public SHARON M. S OGE COMMONWEALTH {7F PENNSYLVANIA Notarial Seal Linda I.4'Neil, Notary Public City Of Lebsna:~, Lcbanan County My Commissian Fx~~r{ew July 3, x011 Member, Pennsylvania Association of Not~rlee FORTNA AUCTIONEERS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ;R o ?t o r CIVIL ACTION - LAW rn -- vs. NO. 09-3188 CIVIL ;0 x ° a -4 4CO OLD FORGE BUILDERS- E)-n NEWVILLE, INC., =C:) orsl)" Defendant 3> N y. ORDER AND NOW, this /; day of June, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. George B. Faller, Jr., Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, K, , "/, 4 . i . Hess, P. J. George B. Faller, Jr., Esquire / Court Administrator :rlm (Ofy 0Ia?ed -7 /it