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HomeMy WebLinkAbout04-5531 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. MCCABE Plaintiff, v. No. 0<1 - )J3/ MANN REALTY ASSOCIATES, INC. ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LAW/EQUITY PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the Defendants set forth in the above- captioned matter. Respectfully submitted, Dated: Ii / z / () 1 Kurt W. McCabe (717) 909-5922 P.O. Box 959 Camp Hill, PA 17001-0959 Plaintiff J, IJ 1 -hi fJ s.s oc... M~NN neA'J i2} 71. 'j) ~.... /2d . ~~~,OA.- J'I'7 . ~ ~ /100i ~ b e..v 7' (h uJ';I. IV'- "A ..u- C(/() 1/1" J lAd Jf. (u~ ~ S~~) 6 7 fY~L- tu~)- ~ r... /10'f.3 I. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. MCCABE Plaintiff, v. No. MANN REALTY, INC. ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LAW /EQUITY WRIT OF SUMMONS To: Mann Realty Associates, Inc. Robert M. Mumma, II You are hereby notified that Kurt W. McCabe has commenced a lawsuit against you. Dated:);blJ.. B, ~l( i(7~d~ By: L If't; qjjJ;M Seal of Court (') l'-.) 0 c.-=> c: c:> -n "-;-:vo' ..J::'" ~ ~" ,~ ~.." (:) vcr: ::;e: U'\ 1"';-\ f f" <:::> ~~; <: nlF" ~ <!) I -Ot? (0) ~ -0 N (-) '-- C> 'a -.-1 . -0 ...,....j.. RJ -~ -n ::c: qo ~ ~ 6m "'- .r:- :;! -< N :D ~ N ~..(: ~ ~ IN THE COURT OF COMMON PLEAS D.&_:TIII1~ COUNTY, PENNSYLVANIA GM.~aM KURT W. MCCABE Plaintiff, v. No. 04 ~ ~531 MANN REALTY ASSOCIATES, INC. ROBERT M. MUMMA, II Defendant. CIVIL ACTION - LAW/EQUITY (' \"ll) {1\~ ( ,~rJ f \--0 t,,_.. . \ ..' ,.;." ~ \ NOT~~_' LIS PENDENS To the above-captioned Defendants, Mann Realty Associates, Inc. and Robert M. Mumma, II, and All Others Whom It May Concern: NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in the Court of Common Pleas of Cumberland County by the filing of a writ of summons. REAL PROPERTIES in Cumberland County, Pennsylvania, affected by this notice are ALL THOSE CERTAIN PROPERTIES owned by Mann Realty Associates, Inc. as deeded and undeeded lots or parcels of land, including without limitation that certain lot or parcel of land particularly designated as lot number 5 with a tax parcel number of 42-11-0274-055, of Allen Glen, Glen Court, situate in Upper Allen Township, Cumberland County, Pennsylvania, and each lot or parcel of Allen Glen containing approximately 5 acres, more or less, as depicted and described on the Phase 1 - Final Subdivision Plan prepared by Mendham and Associates, PC, dated August 9, 2001, as revised, which was recorded in Cumberland County Plan Book 84, page 46. , Respectfully submitted, Dated: / jz. /0 f KurtW. McCabe P.O. Box 959 Camp Hill, P A 17001 717.909.5922 Plaintiff - r-,.) <=::> ~ = ..;;:- ~ ~ 2= -l -C 0 :r::n ....:;; rn r- 4;::: 0 I ~om 01 N :JJCl 01 ~ ~ ------0 :1,) -0 ~. -r vJ ~ ::lJ: o:D --;1'"(') ~ 0 ..r;:;'" om () ~ --I N ~.:- .i.J ~ ~ (",) -< ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W. McCABE Plaintiff, v. No.: 04-5531 MANN REALTY ASSOCIATES, INC., and ROBERT M. MUMMA, II, Defendants. CIVIL ACTION - LAW I EQUITY PETITION FOR EMERGENCY RELIEF AND NOW, the Defendants, Mann Realty Associates, Inc., and Robert M. Mumma II, by and through their attorneys, MILLER LIPSITT LLC, file this Petition for Emergency Relief: 1. Mann Realty Associates, Inc., (hereinafter Mann Realty) and Robert M. Mumma II are the Defendants in the above-captioned case. 2. Mann Realty is a Pennsylvania corporation in good standing. 3. Kurt W. McCabe is the Plaintiff in the above-captioned case. 4. Kurt W. McCabe is a Pennsylvania attorney. 5. On November 2,2004, Defendants received via telephonic-facsimile machine from Plaintiff a Notice of Lis Pendens. 6. The Notice stated that a Lis Pendens had been filed against property located in Cumberland County. A copy of the Lis Pendens is attached as Exhibit A. 7. It is believed and therefore averred that the Plaintiff has not filed a Complaint, so the particular nature of his claim is unknown. 8. Defendants believe, and therefore aver, that the Plaintiff is attempting to assert an attorney's lien against them. 9. Plaintiff has previously attempted to assert an attorney's lien against Robert M. Mumma II but has never provided specifics of the work performed or listed in itemized fashion his unpaid fees and costs. 10. Prior to this action, Defendants did not know that Plaintiff intended to assert an attorney's lien against Mann Realty. 11. Robert M. Mumma II is not the owner of the property identified in the Lis Pendens. 12. Mann Realty is the owner of the property identified in the Lis Pendens. 13. The property is the not the proceeds of a litigation won by the efforts of the Plaintiff. 14. The property is not in the possession ofthe Court. 15. The property is not in the possession of the Pla.intiff. 16. The Plaintiff cannot assert an attorney's lien against the property because it is not in his possession or in the possession of the court. 17. The filing of a Lis Pendens against real estate is not the proper way to enforce an attorney's lien. 18. The Lis Pendens is improper because a Lis Pendens lies only where the subject ofthe lawsuit involves title to real estate. 19. It is believed and therefore averred that Plaintiff cannot allege a single fact indicating that he is entitled to title to the real estate described. in the Lis Pendens. 20. Plaintiff does not want to purchase the real estate, has not called for a settlement of the real estate, and has not tendered the purchas(~ price of the real estate to Mann Realty. 21. It is believed and therefore averred that Plaintiff has improperly asserted a Lis Pendens against property owned by Mann Realty in an attempt to force Robert M. Mumma II and Mann Realty to settle Plaintiff s claims. 22. Defendant Mann Realty has an upcoming sale ofthe property identified in the Lis Pendens. The sale is scheduled to take place on Friday, November 5, 2004. 23. The filing ofa Lis Pendens has placed a cloud on Mann Realty's title to the real estate and has thereby prevented them from giving cl<::ar, good, and marketable title. 24. It is believed and therefore averred that the buyers will not purchase the real estate if they cannot receive clear, good, and marketable title. 25. Mann Realty will be seriously harmed if it is unable to sell the property described in the Lis Pendens. 26. If Plaintiff is entitled to unpaid fees from Defendants, Plaintiff has an adequate remedy at law for obtaining said fees. 27. The mere fact that Plaintiff is an attorney does not give him the right to assert a lien against and file a Notice of Lis Pendens against Mann Realty's real property without first filing a lawsuit, proving his claims, winning the lawsuit, obtaining a judgment, and enforcing that judgment against the property. WHEREFORE, Defendants ask this Honorable Court to schedule an emergency hearing in this matter and after said hearing to enter an Order vacating the Lis Pendens and authorizing Mann Realty Associates, Inc., to proceed with the sale of its property. Defendants further ask that they be awarded attorney's fees under 42 Pa. C.S.A. S 2503(9) for time spent defending against this improperly filed Lis Pendens. Respectfhlly submitted, MILLER LIPSITT LLC ~1~~ Daryl E. Christopher, Esq. LD. No.: 91895 2157 Market Street Camp Hill, P A 17011 P. (717) 737-6400 F. (717) 737-5355 A first-draft copy of this Petition was faxed to the Plaintiff on November 2. 2004. JOd(TUE) 15: 03 Kennedy I Bogar LLC (FAX)717 909 5925 P 003/C~1 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA KURT w. MCCABE Plaintiff, v. No. MANN REALTY ASSOCIATES, INC. ROBERT M. MUMMA, 11 Defendant. CIVIL ACTiON - LA WIEQUlTY NonCE OF LIS PENDENS To the above~captioned Defendants, Mann Realty Associates, Tnc. and Robert M. Mumma, TI, and All Others Whom It May Concern: NOTICE IS HEREBY GiVEN that an action has been commenced and is now pending in the Court of Common Pleas of Cumberland Coun~ by the filing of a writ of summons. REAL PROPERTIES in Cumberland County, Pennsylvania, affected by this notice are ALL THOSE CERT AlN PROPERTIES owned by Malin Realty Associates, inc. 3S deeded and undccded lots or parcels of land, including without limitation that ccrl:<lin lot or parcel of land particularly designated as lot number 5 with a tax parcel number of 42-11-0274-0SSJ of Allen Glen, Glen Court, situate in Upper Allen Township, Cumberland County, Pennsylvania, and each lot or parcel elf Allen Glen containing approximately 5 acres, more or less, as depicted and described on the Phase 1 - Final Subdivision Plan prcpClred by Mendham and Associates, PC, dated August 9, 2001, as revist:d, which wa:,; recorded in Cumberland Counly Plan B,ook 84, page 46. Verification I, Robert M. Mumma II, an individual defendant and ,m officer of Mann Realty Associates, Inc., have read the foregoing PETITION FOR EMERGENCY RELIEF and do hereby verify that all of the facts contained therein are true: and correct to the best of my knowledge, information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn fcllsifications to authorities. \\~1~ ~.1<<1. ~ c;f)~~ _ ~-JL ~L Mumma II Individually Iwv. ~5; ZtPf Date ~ru. Robert M. Mumma II Vice President Mann Realty Associates, Inc. .;It . . Certificate of Service I, the undersigned, do hereby certify that I served a trUl::~ and correct copy of the enclosed Rule .to Show Cause and the enclosed Petition for Allowance of appeal via postage-prepaid, first-class US mail to the following address. Kurt W. McCabe P.O. Box 959 Camp Hill, P A 17011 (717) 909-5922 Plaintiff JVLf/OL{ Date III 4r ./ tftl ~ _ ~)her - I' r '.' n (,~ ~:::._, ;".' l. ~ , , . '. ~ ......, = (::...., .s::- % C' -.:.: I .s:.- ~ --I :L-n p1 .' -(J F.1 .,J c; () c':, ..j'T. ;\ :,,.1 '?'h~ ':,~ .T~',' :-iJ. ..<. F: -t\... N W fr NOV 0 4 20040 ~ IN THE COURT OF COMMON PIJEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W. McCABE, Plaintiff, v. No.: 04-5531 MANN REALTY ASSOCIATES, INC., and ROBERT M. MUMMA II, Defendants. CIVIL ACTION - LAW / EQUITY RULE TO SHOW CAUSE Regarding Petition for Emergency Relief AND NOW, this c.(~day of ~ ~, 2004, upon consideration of the within Petition, it is hereby Ordered that a Rule is issued upon Plaintiff, Kurt W. McCabe, to show cause why the Defendants, Mann Realty Associates, Inc., and Robert M. Mumma II are not entitled to the relief requested in the following Petition. Rule Returnable at a hearing to be held on the ~~dlay of fJ ~ , 2004 ~ C~,,~I-~~d at d."'O 0 (~. / p.m.) in courtroom No. ~ of the Q.~ County Courthouse, Harrisburg, Pennsylvania. , J. Distribution to: Daryl E. Christopher, Esq., MILLER LIPSrrr LLC, 2157 Market Street, Camp Hill, PA 17011, Attorney for Defendants ~~ /J. () J'. () if ~ Kurt W. McCabe, Esq., P.O. Box 959, Camp Hill, PA 17011, Plaintiff \j\N\:fr\~},S>\';~3d . ,,1>\_"'-"-' r" C'" ,__,-,:/.11"\1"'\ f': \ ~ _: ' \.: ,.--- -,' \,,1 \J ,:.J~,,,c..., ",. ,H tZ ~S \1\\"J <;- ~J}~\ 1~~2 \ . " " ,_..-,' r,.j ("-'..' 'J' -\ \ .....l0 i"t;\i.:.'-;' 'v' ...\,.;,-".1 ..0' - :r~,\-}~J-crjY-' KURT W. MCCABE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MANN REALTY : NO. 2004-5531 CIVIL TERM ASSOCIATES, INC. and ROBERT M. MUMMA II ORDER OF COURT AND NOW, this 10TH day of NOVEMBER, 2004, after hearing on Defendant's Petition for Emergency Relief, the lis pendens filed by Plaintiff is STRICKEN. Kurt W. McCabe P.O. Box 959 Camp Hill, Pa. 17011 .. 'J ~~ /I,I.;J,~' Daryl E. Christopher, Esquire () 2157 Market Street ~ Camp Hill, Pa. 17011 :sld Edward E. Guido, J. ,\ ~'~""\:'\:\Ii;;.~.',"\.':'::-\t,.?i{<.~d ,;. . .... .'--::C:/,lnJ E S :0\ ~rJ z \ !dJri ~GG~ ,\\:::.VL;\'D:-L:.:~.:;,.~J ::::-\1 ......... ?:.~=~~ ~~:\, ~:. --. CfJ-'. () IN THE COURT OF COMMON I~LEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. McCABE, Plaintiff, v. No.: 04-5531 MANN REALTY ASSOCIATES, INC., and ROBERT M. MUMMA II, Defendants. CIVIL ACTION - LAW / EQUITY PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: In conformance with Pa. R.C.P. 1037, please enter a Rule upon Kurt W. McCabe to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. MILLER LIPS [TT LLC .... t5.~ ~o/\ L: Dary E. Christopher LD. No.: 91895 2157 Market Street Camp Hill, P A 17011 (717) 737-6400 Attorneys for Defendants .- (-) t'..) 0 <7':> = -'il ...;:.;.- ---t -.r'" -'I f-;"l _, r r"~' -"r~ \J) q~~; -;:1 " (A) '\ .., (11 O! V, e~ Certificate of Service I, the undersigned, do hereby certify that I served a true and correct copy of the enclosed Praecipe for a Rule to File the Complaint on the Plaintiff by mailing it via postage-prepaid, first-class US mail to the following address. Kurt W. McCabe P.O. Box 959 Camp Hill, P A 17011 (717) 909-5922 Plaintiff lJ/Jlo1 Date ~:/l ./ __ ~~ Daryl . Christopher IN THE COURT OF COMMON JllLEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W. McCABE, Plaintiff, v. No.: 04-553] MANN REALTY ASSOCIATES, INC., and ROBERT M. MUMMA II, Defendants. CIVIL ACTION - LAW I EQUITY RULE TO FILE A COMPLAINT AND NOW, this L4- day of -3U:f1) 2004, 11 RULE is hereby issued upon the Plaintiff, Kurt W. McCabe, to file a Complaint in the above-captioned matter within twenty (20) days or face a Judgment of Non Pros. BY THE COURT ~ A,-8.-. f) 'L /CU{) 0--. () rr Service to: Kurt W. McCabe, Plaintiff, P.O. Box 959, Camp Hill, PA 17011 Daryl Christopher, Miller Lipsitt LLC, 2157 Market Street, Camp Hill, P A 17011 - (, ~ 0 (,.~:.') -n ..;:"" ,;-:1 .,.',. \ \-1~:~2 c"' " 'r" ...1""- -- -':""\ C"1 .... t 0') ')llj ~ \ . '...-1 " -,\,} \:.~)\ , c..") .. .' ~.-\ (1\ " " '--':':" -- (...) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. MCCABE, Plaintiff, v. No. 0.1-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO., AND: ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LAW jEQUITY NOTICE YOU HA VE 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 property or other rights important to you. YOU SHOULD TAKE THIS 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. Cumberland County Bar Assotdation 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. MCCABE, Plaintiff, v. No. 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO., AND: ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LAW jEQUITY A VISO USTED HA SIDO DEMAND ADO j A EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veiente (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionee a, las demand as presentadas aqui en contra suya. Se leadvierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demand a 0 cualquier otra reclamacion 0 remedio solicitado por el demand ante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted pued perder dinero 0 propiedad u otros derechos importantes para usted. USTED DE BE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA TAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. MCCABE, Plaintiff, v. No. 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO., AND: ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LAW jEQUITY COMPLAINT AND NOW, Plaintiff, KURT W. MCCABE files the following complaint against Defendants, MANN REALTY ASSOCIATES, INC. ("Mann Realty"), DAUPHIN DEVELOPMENT CO. ("DDC") and ROBERT M. MUMMA, II ("RMM") (collectively, Mann Realty, DDC and RMM are sometimes referred to herein as "Defendants"): Parties 1. Plaintiff, is an attorney and an adult individual who resides at 2004 Gramercy Place Hummelstown, Dauphin County, Pennsylvania, and is affiliated with the law firm of Kennedy Bogar, LLC, operating in Dauphin County, Pennsylvania. 2. Defendant, Mann Realty, is a Pennsylvania business corporation with a principle place of business located at 840 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Defendant, DDC is a Pennsylvania business corporation with a principle place of business located at 840 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 4. Defendant, RMM, is an adult individual, who resides at 244 North Lewisberry Road, Bowmansdale, Cumberland County, Pennsylvania and who is an officer, owner, or otherwise exercises control of DDC and Mann Realty. Background 5. Plaintiff personally performed legal services for Defendants, by and through the law firm of Kennedy Bogar, LLC, on a wide range of corporate, finance, estate and real estate matters. 6. Defendants have failed or refused to pay Kennedy Bogar, LLC bills for legal services provided personally by Plaintiff. Facts 7. On or about September, 2003, Defendants engaged the law firm of Miller Lippsitt, LLC to provide legal services on all of Defendants' numerous litigation matters for a flat monthly fee. 8. Brad Schutjer and Chad Bogar are attorneys who were affiliated with Miller Lippsitt, LLC at that time and who were responsible for providing litigation services to Defendants under the flat monthly fee arrangement. 9. During the time of their affiliation with Miller Lippsitt, LLC, Brad Schutjer and Chad Bogar established Kennedy Bogar, LLC, to provide legal services to clients. 10. On or about February, 2004, Plaintiff became affiliated with Kennedy Bogar, LLC. 11. On or about February, 2004, Defendants engaged the law firm of Kennedy Bogar, LLC to provide corporate, finance, estate planning and real estate legal services. 12. Plaintiff, by and through Kennedy Bogar, LLC, also was engaged to provide litigation support services to Miller Lipsitt, LLC on corporate and estate matters. 13. At all times relevant hereto, such litigation support services on corporate and estate matters provided by Plaintiff, was paid to Kennedy Bogar, LLC, out of the flat fee arrangement with Miller Lipsitt, LLC-that is, no separate bills were generated and Defendants did not pay any extra legal fees for such litigation support services. 14. However, the corporate, finance, estate planning and real estate legal services of Kennedy Bogar, LLC were, at all times relevant hereto, provided and billed separately and apart from the litigation services to be provided by or to Miller Lippsitt, LLC. 15. On or about February, 2004, Plaintiff, together with Brad Schutjer, had a conversation with RMM to discuss the nature and scope of the legal services and the fees associated therewith to be provided by Plaintiff through Kennedy Bogar, LLC for Defendants. 16. RMM for himself and on behalf of Mann Realty and DDC agreed that Plaintiff would provide corporate, finance, estate and real estate legal services to Defendants on an "as needed" basis for a rate of $135 per hour. 17. A true and correct copy of emails between Brad Schutjer on behalf of Kennedy Bogar, LLC and RMM confirming this arrangement is attached hereto as Exhibit A. 18. Plaintiff, by and through Kennedy Bogar, LLC, provided approximately 64 hours of legal services on corporate, finance, estate and real estate matters to Defendants. 19. Defendants received and benefited from such legal services and were billed a total of $8,640 for such legal services. 20. A true and correct copy of the itemized bills sent to Defendants for such legal services are attached hereto as Exhibit B. 21. Defendants have failed or refused to pay such bills when due and have not objected in any manner or on any grounds for such failure or refusal to pay such bills. COUNT I-BREACH OF CONTRACT 22. Plaintiffs incorporate Paragraphs 1-19 as if fully set forth herein. 23. Plaintiff and Defendant had a contract for the provision of legal services. 24. Defendants' failure or refusal to pay the Kennedy Bogar, LLC bills pursuant to this contract constitutes a breach of such contract for which Plaintiff has suffered damages. WHEREFORE, Plaintiff requests judgment in its favor in the amount of $8,604, plus attorneys fees, interest and costs. Respectfully submitted, ..".. ~ By /. urt W. McCabe, Pro Se 2004 Gramercy Place Hummelstown, P A 17036 (717) 909-5922 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. J)ate:~'f 7~ Kurt W. McCabe, Pro Se 2004 Gramercy Place Hummelstown, PA 17036 (717) 909-5922 CERTIFICATE OF SERVICE I, Kurt McCabe, Plaintiff Pro Se, hereby certify that a true and correct copy of the foregoing Complaint was served via certified mail AND first class mail upon the following: Miller Lipsitt, LLC 2157 Market Street Camp Hill, P A 17011 Attn: Daryl E. Christopher Counsel for Defendants ,./ /'7 / _/~'/' /' ,/' // ~ ,f" .. Date J(urt W. McCabe, Plaintiff Pro Se / EXHIBIT "A" I Kurt McCabe - Couple ot issues. Page 1 From: To: Date: Subject: Brad Schutjer rmmtwo@mac.com 3/10/04 1 :58PM Couple of issues. Bob - I know you are busy, so I thought I would forward an email with a couple of issues for your review. High-Spec - I have a draft complaint which I will email for your review. If it looks okay, let me know and we can finalize and file. Linda Sheffield -I am handing the unemployment matter for Ms. Sheffield. Upon review, it looks like there are two issues - 1. voluntary quit and 2. willful misconduct. The original documentation filed by McDermitt alleges that she voluntaril8y quit. The appeal paperwork we filed claims that she was terminated for willful misconduct. I think our best argument is the voluntary quit but that may be lost due to the appeal language. As for the willful misconduct, our argument will be that she had worked for us for some time, knew her job but still screwed up at least two bond claims that she should have known how to handle. Unfortunately, as you may know, unemployment comp law favors claimants and to make a willful misconduct termination stick you must demonstrate that the claimant knowingly violated a clear rule or practice. Negligence is not enough. I think it is likely that we will lose the appeal under the circumstances. However, if you want us to go forward, Ginger and I are prepared to put the best case on and see what happens. Billing - It looks like all of the flat fees are up-to-date with the execution of your bill and the GRA T bill which are one month behind. You should be getting the bills for last month very soon. As we discussed in our prior letter, we need determine what to do with Kurt's time that is outside the coverage of our current flat fee arrangement. My suggestion is that we bill Kurt hourly for a couple of months to determine how much time he is spending on your corporate/estate planning matters. At that point, If you would like we can discuss a flat rate for Kurt. Thanks Brad Bradley A. Schutjer Kennedy Bogar LLC P.O. Box 959 Camp Hill, PA 17001-0959 (717) 909-5921 Fax (717) 909-5925 bschutjer@kennedybogar.com ****CONFIDENTIALlTY NOTICE**** This electronic communication contains confidential information which may also be legally privileged and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient(s) or the employee or agent responsible for delivering it to the intended recipient(s), you are hereby notified that any dissemination or copying of this electronic communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately. Thank you. cc: Chadwick Bogar; Kurt McCabe I Brad Schutjer - Re: couple of things Page 1 o From: To: Date: Subject: Robert Mumma <rmmtwo@mac.com> Brad Schutjer <BSCHUT JER@kennedybogar.com> 4/6/045:47PM Re: couple of things Brad, I guess that it would be February and March lowe, do you concur? On Apr 6, 2004, at 5: 13 PM, Brad Schutjer wrote: > Bob - Hope florid a is going well. > > It looks like our fees of the flat fee billings for March were over > $24,000 - $8000 over the flat fee. (that does not include Kurt's > non-flat fee time) > > Just to confirm our new relationship, Kurt will be billing separately > for any estate, real estate and corporate work at $135 per hour. Work > on litigation matters is under the flat fee. > > Also, starting this month the flat fee will drop to $11,000 to cover > Tom's efforts. Tom called yesterday and is sending a fee letter. We > are awaiting his conclusions on an overall strategy prior to moving on > any of the Pennsy cases. > > I reviewed your flat fee billings as we discussed last month. Your > personal bill shows four payments - one for $9000 and one for around > $3000. The flat fee started in September meaning that 6 payments are > now due. Take a look at that and let me know if you agree. > > Chad was running out the door and asked that I let you know he will try > to call tomorrow from Pittsburgh between hearings and travel. > > Thanks Brad > > > Bradley A. Schutjer > Kennedy Bogar LLC > P.O. Box 959 > Camp Hill, PA 17001-0959 > (717) 909-5921 > Fax (717) 909-5925 > bschutjer@kennedybogar.com > > ****CONFIDENTIALlTY NOTICE**** > This electronic communication contains confidential information which > may also be legally privileged and which is intended only for the use > of > the recipient(s) named above. If you are not the intended recipient(s) > or the employee or agent responsible for delivering it to the intended > recipient(s), you are hereby notified that any dissemination or copying > of this electronic communication is strictly prohibited. If you have > received this communication in error, please notify the sender > immediately. Thank you. > I Brad Schutjer - Re: fee letter Page 1 From: To: Date: Subject: Robert Mumma <rmmtwo@mac.com> Brad Schutjer <BSCHUT JER@kennedybogar.com> 4/8/0410:47AM Re: fee letter Brad, I want to make sure that everyone understands that the only satisfactory result is recision of the sale of Pennsy Supply Inc. and the Quarry properties. Also I have assumed that you, Chad and Kurt will continue to provide most of the support Tom will need under our arrangement and not have Killian and Gephart do it. Kurt will work on the Estate accounting issues under fixed fee arrangement but hourly on my personal Estate matters. Is this correct? On Apr 8, 2004, at 9: 12 AM, Brad Schutjer wrote: > Attached is tom's fee letter for your review. You will note from the > email dialog that it is his second draft. The first appeared too > limited in the scope of his representation. > > I spoke briefly to tom yesterday and he appears to have gone through > the paperwork we provided and now needs some additional items - > particulary from the fraud case. > > Brad > > > > Bradley A. Schutjer > Kennedy Bogar LLC > P.O. Box 959 > Camp Hill, PA 17001-0959 > (717) 909-5921 > Fax (717) 909-5925 > bschutjer@kennedybogar.com > > ****CONFIDENTIALlTY NOTICE**** > This electronic communication contains confidential information which > may also be legally privileged and which is intended only for the use > of > the recipient(s) named above. If you are not the intended recipient(s) > or the employee or agent responsible for delivering it to the intended > recipient(s), you are hereby notified that any dissemination or copying > of this electronic communication is strictly prohibited. If you have > received this communication in error, please notify the sender > immediately. Thank you. > > From: Tom Scott <tscott@killiangephart.com> > Date: April 7, 20042:30:09 PM EDT > To: Brad Schutjer <BSCHUT JER@kennedybogar.com> > Subject: Re: fee letter > > > My intent was not to limit the scope of representation unduly. I have > modified the language in the attached version. let me know what you I Brad Schutjer - Re: fee letter Page 2 > think. tom > > Brad Schutjer wrote: > >>Tom - One issue. When we met with Mr. Mumma his one concern was that >> you not be pigeon-holed into the estate cases. Instead, as we all >> agreed, the best strategy is to look at all of the existing cases and >>pick the one with the best possibility of success. The language of >> the >> first paragraph may raise that concern again with Mr. Mumma. I see >> your >> representation as covering the issues relating to the estate, the >> removal and the sale of Pennsy. >> Brad >> >> Bradley A. Schutjer >>Kennedy Bogar LLC >> P.O. Box 959 >>Camp Hill, PA 17001-0959 >> (717) 909-5921 >> Fax (717) 909-5925 >> bschutjer@kennedybogar.com >> >> ****CONFIDENTIALlTY NOTICE**** >> This electronic communication contains confidential information which >> may also be legally privileged and which is intended only for the use >> of >> the recipient(s) named above. If you are not the intended >> recipient(s) >> or the employee or agent responsible for delivering it to the intended >> recipient(s), you are hereby notified that any dissemination or >> copying >> of this electronic communication is strictly prohibited. If you have >>received this communication in error, please notify the sender >>immediately. Thank you. >> >> >> > > <Mumma--Fee Agreement.pdf> > EXHIBIT "B" Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, P A 17110-0100 Ph:717233-7100 Fax:717 233-7050 Mann Realty Assoc., Inc. P.O. Box E Bowmansdale, P A 17008 April 11, 2004 Attention: File #: Inv #: KOOl 169 RE: General Corp. DATE DESCRIPTION HOURS AMOUNT LAWYER Mar-02-04 tic with township and Environmental Products 0.80 108.00 K.M regarding: pemits and approvals Mar-03-04 teleconferences with township and 0.90 121.50 K.M Environmental Products regarding Lease and permits and approvals Mar-04-04 teleconference with tenant and client regarding 0.80 108.00 K.M keys, security deposit issues, insurance certificate and move in Mar-05-04 teleconference with tenant regarding move-in 0.70 94.50 K.M issues, email Lease to client and discussion of move-In Issues Mar-08-04 confer with client regarding Signature Staffing 1.00 13 5.00 K.M Lease and 5100 Paxton Street Mar-09-04 teleconference with client and tenant regarding 0.30 40.50 K.M HV AC malfunction Totals 4.50 $607.50 Total Fee & Disbursements $607.50 Balance Now Due $607.50 TAX ID Number 80-0089736 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, PA 17110-0100 Ph:717 233-7100 Fax:717 233-7050 Mann Realty Assoc., Inc. P.O. Box E Bowmansdale, P A 17008 May 8, 2004 Attention: File #: Inv #: K003 265 RE: T -Cubed Settlement DATE DESCRIPTION HOURS AMOUNT LAWYER Apr-05-04 Review settlement materials, teleconferences 1.10 148.50 KM regarding obtaining deed to join settlement, review deed Office consultation with K. McCabe regarding 0.50 42.50 CL Deeds, Transfer of Deeds, and Corrective Deed in Cumberland County. Apr-06-04 Prepare deed and other documents to include 1.20 162.00 KM in settlement materials, teleconference with Ginger French regarding EIN and with client. Totals 2.80 $353.00 Total Fee & Disbursements $353.00 Balance Now Due $353.00 TAX ID Number 80-0089736 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, P A 17110-0100 Ph:717233-7100 Fax:717 233-7050 Mann Realty Assoc., Inc. P.O. Box E Bowmansdale, P A 17008 May 8, 2004 Attention: File #: Inv #: KOOl 264 RE: General Corp. DATE DESCRIPTION HOURS AMOUNT LAWYER Apr-08-04 Notice to Environmental Products at 5100 0.30 40.50 KM Paxton St. Apr-14-04 teleconference with EPS and Ginger French 1.20 162.00 KM regarding preparation of bill and proration of electricity. Apr-22-04 Conference with client and IV-IS regarding 0.40 54.00 KM rental of 840 Market. Apr-23-04 Draft Lease for IV-IS at 840 Market St. 2.00 270.00 KM Lemoyne. Draft and revise Lease for IV-15 at 840 Market 4.80 648.00 KM St. Lemoyne. Revisions to Lease for IV-15, preparation of 2.00 270.00 KM Exhibit A site plan. Apr-29-04 Preparation and fax gas bills to EPS at 5100 0.30 40.50 KM Paxton St. for payment, teleconference with Glenn Grenoble regarding same. Finalize Exhibit A to Lease for IV-15 at 840 0.70 94.50 KM Market St. Conference with RMM and broker on sale of 0.40 54.00 KM Allen Glen lot 5 to Klawitter. Totals 12.10 $1,633.50 Total Fee & Disbursements $1,633.50 mVOlce tf: Lb4 Previous Balance Balance Now Due TAX ID Number 80-0089736 Page 2 May ~, 2004 607.50 $2,241.00 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, PAl 711 0-0100 Ph:717233-7100 Fax:717 233-7050 Mann Realty Assoc., Inc. P.O. Box E Bowmansdale, P A 17008 Attention: RE: General Corp. DATE DESCRIPTION May-04-04 Meet with Tony Pascotti and client regarding potential real estate development and lease with US Postal Services and tech college. Totals DISBURSEMENTS May-04-04 Reimbursement of Expenses: Johnson Imaging Systems, Inc. 4/29/04 Totals Total Fee & Disbursements Previous Balance Balance Now Due TAX ID Number 80-0089736 File #: Inv #: June 2, 2004 K001 361 HOURS AMOUNT LA WYER 1.70 1.70 229.50 $229.50 9.07 $9.07 KM $238.57 2,241.00 $2,479.57 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, P A 17110-0100 Ph:717233-7100 Fax:717233-7050 Robert Mumma II P.O. Box 58 Bowmansdale, P A 17008 April 11, 2004 Attention: File #: Inv #: K002 193 RE: Estate and Succession Planning DATE DESCRIPTION HOURS AMOUNT LAWYER Mar-02-04 Preparation of Irrevocable Trust Agreement. 1.00 85.00 CL Mar-03-04 conference with client regarding insurance 0.40 54.00 KM trusts Preparation ofIrrevocable Trust Agreement. 3.40 289.00 CL Mar-l 0-04 conference with client and Duplicki regarding 2.50 337.50 KM insurance matters, trust matters and tax matters Mar-15-04 preparation ofIRS Form SS-4 to obtain TIN as 0.40 54.00 KM trustee for Insurance Trusts Mar-16-04 teleconference with Donald Logan regarding 0.20 27.00 KM tax question Totals 7.90 $846.50 Total Fee & Disbursements $846.50 Balance Now Due $846.50 TAX ID Number 80-0089736 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, PAl 7110-0100 Ph:717 233-7100 Fax:717233-7050 Robert Mumma II P.O. Box 58 Bowmansdale, P A 17008 Attention: RE: Estate and Succession Planning DATE DESCRIPTION Apr-05-04 Telephone call with Recorder of Deeds regarding copy fees for obtaining Deeds. Review materials from Lincoln Financial and complete application to open IRA account, analysis of IRS regulations regarding legitimacy of asset classes held in IRA. Apr-23-04 Totals Total Fee & Disbursements Previous Balance Balance Now Due TAX ID Number 80-0089736 File #: Inv #: May 8, 2004 K002 300 HOURS AMOUNT LAWYER 0.20 2.40 2.60 17.00 324.00 $341.00 CL KM $341.00 846.50 $1,187.50 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, PAl 711 0-0100 Ph:717 233-7100 Fax:717 233-7050 Robert Mumma II P.O. Box 58 Bowmansdale, P A 17008 Attention: RE: Estate and Succession Planning DATE DESCRIPTION May-27-04 Teleconferences with RMM, travel to home to execute and discuss life insurance policies with Duplickis. Totals Total Fee & Disbursements Previous Balance Balance Now Due TAX ID Number 80-0089736 File #: Inv #: June 2, 2004 K002 392 HOURS AMOUNT LAWYER 1.60 1.60 216.00 $216.00 KM $216.00 1,187.50 $1,403.50 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, P A 17110-0100 Ph:717233-7100 Fax:717 233-7050 Robert Mumma II P.O. Box 58 Bowmansdale, P A 17008 Attention: RE: Estate and Succession Planning DISBURSEMENTS Jan-21-04 Mumma Estate: Johnson Imaging Invoice Totals Total Fee & Disbursements Previous Balance Balance Now Due TAX ID Number 80-0089736 File #: Inv #: 250.34 $250.34 July 2, 2004 K002 541 $250.34 2,821.00 $3,071.34 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, PAl 7110-0100 Ph:717233-7100 Fax:717233-7050 Robert Mumma II P.O. Box 58 Bowmansdale, P A 17008 July 2, 2004 Attention: File #: Inv #: K002 493 RE: Estate and Succession Planning DATE DESCRIPTION HOURS AMOUNT LAWYER Joo-04-04 Preparation ofIrrevocable Life Insurance Trust 6.50 877.50 KM Agreements, preparation of SS-4 forms to obtain IRS EIN number, teleconferences with Dave Duplicki regarding insurance matters, teleconferences with client regarding same. Jun-16-04 Teleconferences with Duplicke Insurance 1.20 162.00 KM regarding Trust Agreements and status of policies. Jun-17-04 Draft and execute resignations as trustee of 2.80 378.00 KM insurance policies and Trust Agreement; notify IRS of termination of authorized person status. Totals 10.50 $1,417.50 Total Fee & Disbursements $1,417.50 Previous Balance 1,403.50 Balance Now Due $2,821.00 TAX ID Number 80-0089736 Kennedy Bogar LLC 1607 North Second Street P. O. Box 5100 Harrisburg, P A 17110-0100 Ph:717233-7100 Fax:717 233-7050 Robert Mumma II P.O. Box 58 Bowmansdale, P A 17008 Attention: RE: Dauphin Development Corp. DATE DESCRIPTION Jun-02-04 Revisions to Agreement of Sale and teleconference with P. Gamora regarding: same. Jun-1O-04 Revisions to Agreement for sale of Real Estate, teleconference with Peter Gamora regarding same. Jun-16-04 Revisions to Agreement for Sale of Real Estate, teleconference with Peter Gamora regarding same. Totals Total Fee & Disbursements Previous Balance Balance Now Due TAX ID Number 80-0089736 File #: Inv #: July 2, 2004 K004 498 HOURS AMOUNT LAWYER 2.50 3.50 2.30 337.50 525.00 345.00 8.30 $1,207.50 KM KM KM $1,207.50 1,539.00 $2,746.50 ~' f.2 :::, U1 -( 0 ......:> C-~> ~~ c-.::l r"'\ C") , c;.... -n ~ c....) .. .. o -n .._~ f 11 i~'. -0:.'-) ...,)......, ; } (:..) ~;.~ ~~~'1 ~'.; t;\ IN THE COURT OF COMMON Pl,EAS CUMBERLAND COUNTY, PENNSYI.. VANIA KURT W. McCABE, Plaintiff, v. MANN REALTY ASSOCIATES, INC. and ROBERT M. MUMMA II, Defendants. CASE No.: 04-5531 CNIL ACTION - LAW / EQUITY PRAECIPE FOR WITHDRAW / ENTRY OF APPEARANCE Kindly withdraw the following counselors of record. MILLER LIPSITT LLC Daryl E. Christopher, Esquire Attorney I.D. No.: 91895 2157 Market Street Camp Hill, PA 17011 (717) 737-6400 ~n-dOI-I')~17 Kindly enter the following counselors of record Daryl E. Christopher, Esquire Attorney I.D. No.: 91895 P.O. Box 480 Camp Hill, P A 17001 (717) 612-1600 Respectfully Submitted IJ-jIO/O'f Date ;b1 et, ~_ DaryfE. Christopher, Esq. CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing PRAECIPE FOR WITHDRAWAL / ENTRY OF APPEARANCE was served via first- class, postage-prepaid, United States mail upon the following: Kurt W. McCabe P.O. Box 959 Camp Hill, P A 17011 (717) 909-5922 Plaintiff I J-jlo jot I Date ~ .'-(!tv,~ ~ Christopher, Esquire - ' ~-: ': n C'- I' " ~; .J ... l'-o.' c,:-;> c:' ~ F? C) C) "f j ;r: ::.'c 1"- . r:lfT1 ""ll.1 " I -'~ c:) r..":') ~:) :,~,: "I '''I' ~:) 1') cr, '. IN THE COURT OF COMMON ])LEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W. McCABE, Plaintiff, v. No.: 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO., and ROBERT M. MUMMA II, Defendants. CIVIL ACTION - LAW / EQUITY ANSWER AND NOW come the Defendants, Mann Realty Associates, Inc., Dauphin Development Co., and Robert M. Mumma II, and file the following Answer by and i. "'. through their counsel, Sohonage & Christ~ph\er. 1. Admitted. 2. Admitted. 3. Denied. By way of further answer, the Depmtment of State lists 315 North Front Street, Harrisburg as the registered address. 4. Denied in part and Admitted in part. By way of further answer, Robert M. Mumma II is a resident of Stuart, Florida. He is the Vice Prl~sident of Mann Realty Associates, Inc., and President of the Dauphin Development Co. 5. Admitted. 6. Denied. By way of further Answer, Defendmlts did pay for the Plaintiffs services because said services were part of a flat-fee agreement. Defendants did not pay the Plaintiff for some estate work that was never provided to the Defendants. ~V.A ~ ". ,.. 7. Admitted. By way of further answer, said legal services were not solely related to litigation. 8. Admitted. By way of further answer, said legal services were not solely related to litigation. 9. Admitted to the best of Defendants' knowledge, information, and belief. 10. Admitted to the best of Defendants' knowledge, information, and belief. 11. Denied. By way of further Answer, the Defendants engaged Millier Lipsitt LLC to provide said services. The relationship between Kennedy Bogar LLC and Millier Lipsitt LLC is unknown to the best of Defendants' knowledge, information, and belief. 12. Admitted. 13. Admitted. 14. Denied. 15. Admitted in part and Denied in part. The parties discussed this issue via email, but may have also met in person. 16. Denied. By way of further answer, Plaintiff was to be paid hourly only for work done on Defendant Robert M. Mumma II's personal estate. This work was never turned over to the Defendants. 17. Admitted in part. It is admitted only that the email are attached to the Complaint. By way of further Answer, Defendants' emails show that they were engaging Plaintiff separately only for certain, limited estate work. 18. Unable to Admit or Deny. By way of further Answer, Plaintiffs attached ~)\A J1fl bills are for 64 hours of work. 20. It is admitted that the itemized bills are attached. 21. Denied. Defendants objected initially because they did not have copies of the bills until after this suit was filed. Defendants now object because the vast majority ofthe bills are for work covered by the flat-fee agreement. 22. Does not require any reply. 23. Admitted. By way of further answer, that contract was for certain limited estate work that the Plaintiff never turned over to the Defendants. 24. Denied. Respectfully submitted, SOHONAGE & CHRISTOPHER 1) ~ Daryl . Christopher J.D. No.: 91895 P.O. Box 480 Camp Hill, PA 17001 (717) 612-9721 Attorneys for nefendants IN THE COURT OF COMMON lflLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. McCABE, Plaintiff, v. No.: 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO., and ROBERT M. MUMMA IT, Defendants. CIVIL ACTION - LAW / EQUITY VERIFICATION I, Robert M. Mumma IT, an individual defendant and an officer of Mann Realty Associates, Inc., and Dauphin Development Co., have read the foregoing ANSWER and do hereby aver that the statements contained therein are true and correct to the best of my knowledge, information, and belief. I understand that these statements are made subject to the penalties of 18 Pa. C. S. A. 94904 regarding unsworn falsifications to authorities. 1:k 2~ 111t Date ~~fL Certificate of Service I, the undersigned, do hereby certify that I served a true and correct copy of the enclosed Praecipe for a Rule to File the Complaint on the Plaintiff by mailing it via postage-prepaid, first-class US mail to the following address. Kurt W. McCabe P.o. Box 959 Camp Hill, P A 17001 (717) 909-5922 Plaintiff 1J./.l//6L/ Date I / bJC~ Daryl . Christopher I, ,....~ f.."_'> " r'l I C) I",) ('i .1 .-. \ '''\' " ~~lrb~ .\ ':.~) -0 , , 'i , ~..l..~ ~- ~(J ) c;, _l . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W. MCCABE Plaintiff, v. No. 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO. and ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LA W/EQUITY PETITION FOR ApPOINTMENT OF A BOARD OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: AND NOW COMES, Plaintiff, Kurt W, McCabe, and respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than $25,000. The Defendant has filed no counterclaim. WHEREFORE, Petitioner respectfully requests that the Honorable Court appoint three (3) arbitrators to whom the case shall be submitted, RESPECTFULLY SUBMITTED, I Datel/-lz-',2005 ;It By: I Kurt W. McCabe 441 Friendship Road, Suite 102 Harrisburg, P A 17111 717-909-5922 ... CERTIFICATE OF SERVICE I, the undersigned, hereby certifY that a true and correct copy of the foregoing document was served via United States mail, postage pre-paid, upon the following: SOHONAGE & CHRISTOPHER C/O Daryl E. Christopher, Esq. P.O. Box 480 Camp Hill, P A 17001 Attorneys for Defendants Dated: I! U/OC; irw-- IKurt W, McCabe By: -<4. (:) vt. ~'-~ r ~ r \> ~ ~ ( ~ ~ :J;:-' ~ -<'\ ~ !l- ..., >- ~ o 6" - ---- -~" .. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W. MCCABE Plaintiff, v. No. 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO. and ROBERT M. MUMMA, II Defendants, CIVIL ACTION - LA W/EQUITY ORDER OF COURT AND NOW, this / f -A day of )((i.uL. 2005, in consideration of the // ~ foregoing Petition,GtvL t?1 tk,{'f, Esq., k' &/ItAv' ~.... f~Esq. and /J.'/ ' / fvu;jl,.lLd 4rnEsq. are appointed arbitrators in the above- captioned action. ], Urrr ~.t, J1v,-e- &. cI~, ~ ~ I~ ~ 6->. IY),-CoA.<.- -~o ." , ;~ t," n! <: : r --- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W. MCCABE Plaintiff, v, No. 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO. and Dr'\nrr>'T'''' ~ ... ........, ..' ... ,,~ ' CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 t'Le(\..'"\;:;:'('" [', ,-.r...,. I\.Ie OF,TI-'r: PD'-'~.iI"'.'''''',ny ., h... I 'h....l ....;1,'-' In:., (" 2005 HAR 23 PM 2: 35 CUM8Ef,lJ'\ND COUNTY Pt'" ,I~ ,!3Y'1~'//.\i14 U.8, POSTAGE KURTW. MCCA8f POBOX Cl'iSY'" CAMF OA 0 INSUFFICIENT ADDRESS C 0 ATTEMPTED NOT KNOWN 0 OTHER / 0 NO SUCH NUMBER/ STREET S . NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD ~ .:)....-:::::3.34 1".111.,.11'"".,1',.1""11,,.11,'.1,.,',,/1.'..',1",..1/1 ~,.-. . Kurt W. McCabe Mann Realty Associates 'pl'jifllif'f Dauphin Development Co. and Robert M. Mllmm~. TT In The Court of Common Pleas of Cumb rland County, Pennsylvania No.~- 553 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of 0 office with fidelity. Carol J. Lindsay Name (Chairman) Saidis, Shuff, Flower & Lindsay, P.C. Law Firm Karen Cumminqs (fka Na~ Koenisburg) Ri a Name Dissinger & Dissinqer Law Firm Turo Law Offi s Law Firm 26 W. High St. Address Carlisle, PA 17013 28 N. 32nd Street Address Camp Hill, PA 17011 Address Carlisle, PA 1 013 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make e following award: (Note: If damages for delay are awarded, they shall be separately stat d.) We find for the Plaintiff in the amount of $8604.00 Date of Hearing: 4/20/05 . Arbitrato , di, sents. (Insert name if a plicable.) Date of Award: 4/20/05 Notice of Entry of Award Now, the :l~tJ. day of /ifr; I ,20 OS , at f}/</'/ ,~.M., the above aw d was entered upon the docket and notice thereof given by mail to the parties or th~ir attorneys. 6~'Jlh~ J< 4 Prothonotary By: //l..-//f f;t--l{/i puty <"10/1, - Arbitrators' compensation to be paid upon appeal: $ IX 1!/ I . KURT W. MCCABE Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MANN REALTY ASSOCIATES, INC. : DAUPIDN DEVELOPMENT CO. and ROBERT M. MUMMA, IT Defendants CIVIL ACTION - LAW/EQUITY NO. 04 - 5531 OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the Un ted States and the Constitution of this Commonwealth and that we will disch:u:ge the duties. our office with fidelity AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the foUo mg award: (Note: If damages for delay are awarded, they shall be separately stated.) , (', , f ['VI A t~, '-f ~() P0A'1 {) tiJ ~ i'6/;//1 t.~/, \1. " ,k./ /! Id 1/JNLl i- . Arbitrator. dissents, (Insert name if applic 1, ~cuu;sSll' [IM"t , !LH1t'{, ~~, ' "'/'\ . 1/" "/1 ~ j.-f-/ , ")- " tMU1jtV- 7Jt1p 1'1 OKJd7 Date of Hearing: 4/20/05 Date of Award: /!~It > NOTICE OF ENTRY OF AWARD Now. the 20'" day of Avril ,2005, at ,_.M., the above award was entered Upon the dock notice thereof given by mail to the parties or their attorneys. Arbitrator's compensation to be paid upon appeal: $ Prothonotary By: Deputy - (~l r-' c) <-::';~ ,';, ," r;--:1 ~-n ~ '. '.~..n .--\ ~ -..> -~ ~. -,- -,;; -" ~ """" ~ .."" <::::...."'" i.....,') -'> C)-I ';:\ i' < , c, -- ., -0 ~ ~ ~ ~~ I ~ ~ y- (J , :;;- V -Q ~ '" ......, ()- ......., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. McCABE, Plaintiff, v, No,: 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO" and ROBERT M. MUMMA II, Defendants. CIVIL ACTION - LAW / EQUITY NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Mann Realty Associates, Inc" Dauphin Development Co" and Robert M. Mumma II appeal from the award of the board of arbitrators entered in this case on April 25, 2005. A jury trial is demanded. I hereby certifY that: I, The compensation of the arbitrators has been paid by a check that accompanies this Notice, Respectfully submitted, ~VII IDS Date/ SOHONAGE & CHRISTOPHER ~)! {1~/,~/ Daryl pj Christopher LD. No.: 91895 P,O. Box 480 Camp Hill, PA 17001 (717)612-9721 Attorneys for Appellants 0 -I.C.. ~'-" ) N f'. w " ~ ~ - .r\ It:- \) ~~. 0 ~ \) , -' ~ C> 0 .c ~ ~ w (j.J ( ~; :D ..:... -t- '.~ - .. .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W, McCABE, Plaintiff, v. MANN REALTY ASSOCIATES, INe. and ROBERT M. MUMMA II, Defendants. CASE No,: 04-5531 CIVIL ACTION - LAW (EQUITY PRAECIPE TO WITHDRAW Please withdraw the appearance of Attorney Daryl Christopher and the law firm of SOHONAGE & CHRISTOPHER from the above-captioned case. Attorney Kirk Sohonage will remain counsel for the Defendant and will continue to use the same address: Kirk S. Sohonage, Esq. I.D, No.: 77851 P,O, Box 480 Camp Hill, PAl 700 I (717) 612-9721 Respectfully Submitted S/d-~/oS I ' Date !;'H!;~- I.D. No,: 91895 II Southview Circle Elizabethtown, P A 17022 (717) 201-4217 - .A - , CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW was served via first-class, postage-prepaid, United States mail upon the following: Kurt W, McCabe 2004 Gramercy Place Hummelstown, P A 17036 Sl)-~ lor; D~te { ~ (1~;::~ Da E. Christopher, Esquire c:' , .... '" . Kurt W. McCabe In The Court of Common Pleas of Cumberland \ Mann Realty Associates:~~ Dauphin Development Co. and Robert M. Mumma. T T County, Pennsylvania No.~- 5531 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United ~~~fu'C=_@Of:ZJi~t:'willffi_~40?l;--- ignature :J Signature Carol J. Lindsay Name (Chairman) Saidis, Shuff, Flower & Lindsay, P.C. Law Firm Karen Cumminas (fka Name Koenisburg) Richarn Kor.n Name Dissinger & Dissinger Law Firm Turo Law Offices Law Firm 26 W. High St. Address Carlisle, PA 17013 28 N. 32nd Street Address 28 South PiTt" St- Address Camp Hill, PA 17011 Carlisle, PA 17013 City, Zip City, Zip City, Zip ~ (;).. 'i:J.. 'f JJ A'vlJri We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We find for the Plaintiff in the amount of $8,604.00 '" 1.2f1'l Date of Hearing: 4/20/05 , sents. (Insert name if applicable,) '".,_.,..,'".,' 'lV " "J: ~'. ,,~! Date of Award: 4/20/05 ~~a'lll'l', :;'!.i~~ Notice of Entry of Award Now, the :J.~fJ. day of A,r; I ,20 05 , at P:'1Y , ..Q...M., the above award was entered upon the docket and notice thereof given by mail to the parties or th~ir attorneys. /11')/1, iI1> Arbitrators' compensation to be paid upon appeal: $ p( zy. 5~. JJhtJi j{ 4 Prothonotary By: ~L,Jfr; fit-4 puty . . KURT W. MCCABE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04 - 5531 MANN REALTY ASSOCIATES, INC. : DAUPlllN DEVELOPMENT CO. and ROBERT M. MUMMA. IT Defendants CIVIL ACTION - LAW/EQUITY OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the dutie our office with fidelity. r .' / Car I J. d ,C . 0' ." //t~ . h och I AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Il'f t\.lri 7t" ,-/-01Q PGAY1hfb /.1. \/-Lt..-r (JM/liTJ.....uf- ur 'J'6bOf . Arbitrator, dissents. (Insert name if applic 1, ~~~~,:j~r(MJv , v- , =/JU/J/ . '1-J~~(~ 7ttlO ?it,;! o~t(? Date of Hearing: 4/20/05 Date of Award: flip/Co]' NOTICE OF ENTRY OF AWARD Now, the 20lh day of ADril ,2005, at . _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrator's compensation to be paid upon appeal: $ By: Prothonotary Deputy <--, ('" SJ ,,-> <::' ~ " ---." .....", ""'" "'<:' ~.~ ~ s < " r. '" , -, "'-. "" '" ~ I ~ ~ 0 '&- , ~ ? ::2 " -, (}"" ~ ~- J ~ ~~~~ ....., '2- .-;..1" ~_:- ;;'b l',~ u.... CJ -11 ,-\ ~f~. -r', \~~r; .;,'-( (.",),() -"-';'"' -r)" ::.;,~ 1 ? -~~ ~,-:'r-h ,') :':' \ ::::. ---; ~- N .. ;.--:;:" ~ jCy PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: D for JURY trial at the next term of c:ivil court. ~ for trial without a jury. ~~------------------------------------------------------.-.-------------------..-----.----------------------.--------- CAPTION OF CASE (entire caption must be stated in full) (check one) .Q Civil Action - Law o Appeal from arbitration (other)u Kurt W. McCabe (Plaintiff) (Defendants) The trial list will be called on OGt./\/VJOS and Trials commence on NDV I 1. tooS" Pretrials will be held on Oct.", 'ZOO r (Briefs are due 5 days before pretrials vs. Mann Realty Associates, Inc. Dauphin Development Co. Robert M. Mumma, II . vs. No. 04-5531 ,2004 Term Indicate the attorney who will try case for the party who files this praecipe: Kurt W. McCabe. ESQ. Indicate trial counsel for other parties if known: / Signed: -IkJr Print Name: r.U(~ W. f1 t.{r.tu. Kirk Sohonaee. ESQ. This case is ready for trial. Date: "8 Is /0 S- f I Attorney for: Plaintiff t ~ f\ + (') ~.-- ,..., C~ ;:= c.n , 0-; -rl -< Fi~p~! rT' " f'....i "-' C' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. MCCABE, Plaintiff, v. No. 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO., AND: ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LAW/EQUITY CERTIFICATE OF SERVICE I, Kurt McCabe, Plaintiff Pro Se, hereby certify that a true and correct copy of the foregoing Complaint was served via first class mail, postage prepaid upon the following: Kirk S. Sohonage, Esq. PO Box 480 Camp Hill, PA 17001-0480 Counsel for Defendants '6/3/05" Dated K t W. McCabe, Plaintiff Pro Se t~ ((1 ~ ",-t" .C.:" (."; _...~ , c.J' - r:? ,,) C;p - KURT W. MCCABE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MANN REALTY ASSOCIATES, INC. NO. 2004-5531 CIVIL ORDER OF COURT AND NOW, this 22ND day of AUGUST, 2005, a pretrial conference in the above-captioned matter is SCHEDULED for ~').J(JO( c:t 7:~(),4.M. Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Edward E. Guido, J. ~rt W. McCabe, Esquire ~rk Sohonage, Esquire COURT ADMINISTRATORC60K) \'il\;'1/Ji~S('~h!jd All\!C10r") :r"i'~.'"":ti~~!:T/W'18 fJ2:2 Wd 9 I snv gOOZ Ai:N10NOrLi08d 3Hl::lO 301:Ho-G311il '* Taryn N. Dixon Court Administrator OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square' Carlisle, PA 17013 Phone Melissa H. Calvanelli (717) 240-6200 Assistant Court Administrator (717) 697-0371 (717) 532-7286 (717) 240-6460 FAX MEMORANDUM TO: The Honorable Edward E. Guido FROM: Melissa H. Calvanelli, Assistant Court Administrator DATE: August 8, 2005 INRE: 04-5531 Civil Action - Law (Appeal from Arbitration) Kurt W. McCabe v. Mann Realty Associates, Inc.; Dauphin Development Co.; Robert M. Mumma, II The above case is assigned to you for a non-jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attachment --_._._....._._---...~,. KURT W. MCCABE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN EQUITY NO. 2004-5531 CIVIL VS MANN REALTY ASSOCIATE, INC., DAUPHIN DEVELOPMENT CO., AND ROBERT M. MUMMA, II Defendants IN RE: CIVIL PRETRIAL ORDER OF COURT AND NOW, this 12th day of September, 2005, a nonjury trial is scheduled in this matter for October 12, 2005, at 1:00 p.m. The parties are directed to prenumber all trial exhibits and exchange them with opposing counsel by Friday, September 23, 2005. Any objections, other than to relevance, shall be made in the form of a motion in limine. All motions in limine with supporting authority shall be filed by close of business on Friday, September 30, 2005. Any responses, with supporting authority, shall be filed by close of business on Friday, October 7,2005. Counsel are directed immediately to confirm the availability of their witnesses for the trial date. No motion for continuance will be granted, absent an emergency, unless it is ~..;~-.-.","" filed within 10 days of tod?11~ date. B~COU / Edward E. Guido, J. Court Administrator :mlc ~ ~ q. /l{;- ~J ~ Kirk S. Sohonage, Esquire P.O. Box 480 480 Market Stree Camp Hill, PA 17011-0480 For Defendants Kurt W. McCabe, Pro Se Attorney ID NO. 81938 2004 Gramercy Place Hummelstown, FA 17036 , ? ,-~ ".1 ., ", (. . C'nJ _.....u'" '-'- RECEIVED OCT 072005 ( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KURT W. MCCABE Plaintiff, v. No. 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO. and ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LAW/EQUITY ORDER OF COURT AND NOW, this t D~ day of ~ , 2005, in consideration of the foregoing Motion for Continuance of Trial such Motion is hereby GRANTED and trial in this matter is re-scheduled for ~ (, , 2005~ ,.. .ClcJ A ,.A1 . ,J - ,,:';:\,'n8 611 : Ill!\! II lJO SOUZ J..' "/1("'''''' -, , I ~Hl ::10 b'\', "~I"~ ~;~': r ','"i" ~, _...., 1...1. 1___\""~__4 .; :l~)!+IO-CJ3l!.:l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KURT W. MCCABE, Plaintiff, v. No. 04-5531 MANN REALTY ASSOCIATES, INC., DAUPHIN DEVELOPMENT CO., AND: ROBERT M. MUMMA, II Defendants. CIVIL ACTION - LAW jEQUITY APPELLANT'S MOTION FOR CONTINUANCE OF TRIAL AND NOW COMES APPELLANT, Kurt W. McCabe, and files this Motion for Continuance of Trial and hereby avers as follows: 1. On September 23, 2005, following a hearing held on September 12, 2005, this Honorable Court entered an order directing that trial be scheduled in the above-captioned matter for October 12, 2005. 2. Shortly after such hearing, Appellant accepted a job offer to start in a new position in Delaware County, Pennsylvania on October 3, 2005. 3. Given that Appellant will be working at the new job for approximately seven (7) working days before being required to take time off to appear at trial in this matter, Appellant does hereby respectfully request that this Honorable Court grant a continuance of sixty (60) days for the trial. 4. Appellant has sought the consent of opposing counsel by telephone at his offices and his cell phone, but has not received a response; therefore, opposing counsel has not consented to this Motion. WHEREFORE, Appellant, Kurt W. McCabe, respectfully requests that a sixty (60) day continuance of trial in this case be granted. RESPEC1FULL Y SUBMITTED, Date~ 2005 By: urt W. McCabe 2004 Gramercy Place Hummelstown, P A 17036 717-418-0901 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for Continuance of Trial was served via United States mail, postage pre-paid, upon the following: Kirk S. Sohonage P.o. Box 480 480 Market Street Camp Hill, PA 17001-0480 Attorneys for Defendants Dated:#Z.Ck:'J By: f t - ~. ~, ~ ~ \0 ~ , ~ ------------- c, t. cr [) Kurt W. McCabe 2004 Gramercy Place Hummelstown, P A 17036 717-418-0901 September 22, 2005 VIA FIRST CLASS MAIL Prothonotary of Cumberland County Curt Long Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 RE: Kurt W. McCabe vs. Mann Realty Associates, Inc. Civil Action # 04-5531 Dear Mr. Long: Enclosed for filing please find an original of Appellant's Motion for Continuance of Trial in the above-referenced matter together with two (2) copies. Kindly time and date stamp the two (2) copies and return them two me in the self-addressed envelope. If you should have any questions, or require anything further, please do not hesitate to contact me. Thank you for your attention and assistance in this matter.