Loading...
HomeMy WebLinkAbout05-0592THE HOMESTEAD GROUP, INC., Plaintiff RANDAL FISHEL, V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS- E-9.), CIVIL ACTION 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 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 Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO IENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 THE HOMESTEAD GROUP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,, PENNSYLVANIA V. NO. 05- S4? ?/v?l I RANDAL FISHEL, Defendant CIVIL ACTION COMPLAINT Plaintiff The Homestead Group, Inc. is a Pennsylvania corporation conducting business as a duly licensed real estate broker with offices located at 4075 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant Randal Fishel is an adult individual residing at 2 Eagle Drive, Palmyra, Dauphin County, Pennsylvania 17078. COUNTI (BREACH OF CONTRACT) On or about October 15, 2001, at Plaintiff's offices, Plaintiff and Defendant entered into a written agreement (hereinafter, the "Independent Contractor Agreement") wherein Defendant agreed to sell real estate on behalf of Plaintiff as an independent contractor utilizing desk space, clerical service, and office facilities provided by Plaintiff, at the Plaintiff s office. A true and correct copy of the aforesaid Independent Contractor Agreement is attached hereto as Exhibit "A". 4. Also on or about October 15, 2001, and contemporaneously with the execution of the Independent Contractor Agreement, Plaintiff and Defendant entered into a verbal agreement wherein Plaintiff agreed to pay Defendant an advance on future commissions, or draws, in the amount of $2,000.00 per month (hereinafter, the "Draw Agreement'). 5. Pursuant to the Draw Agreement, Defendant was to repay all amounts advanced by Plaintiff. 6. Pursuant to the Draw Agreement, Plaintiff made payments to Defendant beginning on November 5, 2001, and every month thereafter until September 3, 2002, totaling $21,000.00. 7. Pursuant to the Draw Agreement, Defendant repaid $9,813.45 to Plaintiff. Pursuant to the Draw Agreement, an outstanding balance of $11,186.55 remains due and owing to Plaintiff. 9. Despite demand for payment by Plaintiff, Defendant has failed and refused to pay the outstanding draws as set forth above. 10. Defendant's failure and refusal to pay the outstanding balance due under the Draw Agreement constitutes a default and breach of the Draw Agreement. It. As a result of Defendant's breach of the Draw Agreement, Plaintiff has suffered damages in the principal amount of $11,186.55. WHEREFORE, Plaintiff, The Homestead Group, hic., respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Randal Fishel, in the amount of $11,186.55, plus costs, interest, attorneys' fees, and any other relief that this Honorable Court finds appropriate. COUNT II (IN THE ALTERNATIVE: UNJUST ENRICHMENT) 12. Plaintiffs incorporate herein by reference the averments of paragraphs 1 through 11 above as if set forth fully herein. 13. Plaintiff provided draws to Defendant totaling $21,000.00 as more specifically set forth above. 14. The Plaintiff did not provide said draws to Defendant as salary or gift. 15. The Defendant agreed to repay to Plaintiff for the draws advanced to him as set forth above. 16. Defendant has repaid $9,813.45 of the draws advanced to him. 17. Defendant has failed and refused to repay for the remainder of the draws advanced to him. 18. There remains due and owing the amount of $11,186.55 for draws that remains unpaid to Plaintiff. 19. As a result of the Defendant's failure and refusal to repay the remaining balance of the draws advanced to him by Plaintiff, Defendant has become unjustly enriched at the Plaintifffs' expense in the amount of $11,186.55. 20. It would be unjust to permit Defendant to retain the outstanding draws from Plaintiffs without repaying said outstanding draws. WHEREFORE, Plaintiff, The Homestead Group, Inc., respectfully request this Honorable Court to enter judgment in its favor and against Defendant, Randal Fishel, in the amount of $11,186.55, plus costs, interest, attorneys' fees, and any other relief that this Honorable Court finds appropriate. Respectfully submitted, REAGER & ADLER, P.C. Date: February 2005 T?,? Peter R. Wilson, Esquire Attorney I.D. No. 87655 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorney for Plaintiff 01/28/2008 18:,94 FAX 717 790 7508 REAGER & ADLER ?007 VERY CATION I, Linda J. Melham, hereby verify that I am the Vice President of The Homestead Group, Inc., and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unworn falsification to authorities. Date: / 3/ OS By: °?'? THE HOMESTEAD GROUP, INC., REALTOR@ BROKER-SALESMAN CONTRACT INDEPENDENT CONTRACTOR T IS AGREEMENT made and entered into this 15-It day of by and between THE HOMESTEAD GROUP, INC., REALTOR@ hereinafter referred to as Broker, and if'?NT1a? ? s.UE? hereinafter referred to as Salesman. WHEREAS, Broker is now, and for many years past has been, engaged in business as a Real Estate Broker in the Township of Hampden, County of Cumberland, State of Pennsylvania, and is duly licensed to and does sell, offer for sale, buy, offer to buy, list or solicit prospective purchasers, negotiate the purchase, sale or exchange of real estate, negotiate loans on real estate, lease or offer to lease, and negotiate the sale, purchase or exchange of leases, rent or place for rent, or to collect rent from real estate or improvements thereon for another or others, has and does enjoy the good will of the public, and a reputation for fair dealing with the public; and WHEREAS, Broker maintains an office is said City, County and State, properly equipped with furnishings, listing books and other equipment necessary and incidental to the proper operation of said business, and staffed with clerical employees, suitable to serving the public as a Real Estate Broker; and WHEREAS, Salesman is now engaged in business as a real estate salesman, duly licensed by the State of Pennsylvania, and whereas it is deemed to be the mutual advantage of i Brokerand Salesman to enter this contract upon the terms and conditions hereinafter set forth. NOW, THEREFORE, forand in consideration of themutual covenants and promises contained and each act done pursuant hereto, the undersigned hereby enter into the following Articles of Agreement: ARTICLE I Facilities and Sales Effort A. Salesman agrees to proceed diligently, faithfully, loyally, legally and with his best efforts to sell,trade, lease or rent any and all real estate listed with Broker (except for any special listings which are exclusively placed by Broker with another salesman), to solicit additional listings and customers for Broker, and otherwise to promote the business of serving the public in real estate transactions to the end that each of the parties hereto may derive the greatest profit possible. B. Broker agrees for the convenience of Salesman to provide desk space, clerical service, and office facilities at the office of Broker, presently maintained at 4075 Market Street, Camp Hill, Pennsylvania and/or at such other places as Broker may from time to time utilize. C. Broker agrees to make available to the Salesman all current listings of the office, except such as the Broker, for valid and usual business reasons, may place exclusively in the temporary possession of some other salesman, and agrees, upon request, to assist the salesman in his work by advice and instruction, and agrees to provide full cooperation in every way reasonably possible. ARTICLE II Ethics and Trade Organizations A. Salesman and Broker each agree to conduct his business and regulate his habits and working hours so as to maintain and to increase the good will, business, profits and reputation of Broker and Salesman, and the parties agree to conform to and abide by all laws, rules and regulations, and code of ethics that are binding on, or applicable to, real estate brokers and real estate salesmen. Salesman and Broker shall be governed by the Code of Ethics of the National Association of Real Estate Boards, the real estate law of the State of Pennsylvania, the Constitution and By-Laws of the local real estate boards, the rules and regulations of any Multiple Listing Service with which Broker now or in the future may be affiliated, and any future modifications or additions to any of the foregoing. Each party acknowledges receipt of a copy of said Code of Ethics, the Local Board Constitution and By-Laws and the Rules and Regulations of the Multiple Listing Service. B. It is expressly understood and agreed by Salesman that Broker is a member of the Greater Harrisburg Boards of REALTORS, National Association of REALTORS, the Pennsylvania Association of REALTORS, the National Institute of Real Estate Boards, and 2 as a result thereof, Broker is subject to the rules and regulations of those organizations. Salesman agrees to be governed by the same rules and regulations. Whenever Broker is a member of any real estate organization, and the rules and regulations or by-laws of said organization require membership of Salesman in said organization, then Salesman agrees that he shall become a member and pay fees or dues required by said membership. As a result of Broker's being a member of the aforesaid groups, Broker and Salesman agree to abide by the rules and regulations of such organizations pertaining to ethics, conduct and procedure. c. Salesman acknowledges receipt of a current copy of the (State License Act) and hereby agrees that he is or will become apprised of its terms. ARTICLE III Commissions A. The commissions and fees for services rendered in the sale, rental, trade or leasing of real estate shall be those stated in Broker's policy manual. In no event shall Salesman charge less than the commission or fee established by the Broker without a prior written agreement entered into by Salesman and Broker to that effect. If Broker shall have any particular transaction, then and in that event, Broker shall advise Salesman of such special arrangement. Commissions and fees, when earned and paid pursuant to this agreement, shall be divided between Broker and Salesman after deduction of all expenses according to the Salesman's Commission Schedule attached hereto. B. In the event that two (2) or more salesmen under contract with Broker participate in a sale and claim a commission thereon, then and in that event the amount of the commissions allocable to each salesman shall be divided equally between Salesmen or according to written agreement between said salesmen; or if they shall be unable to agree, then same shall be submitted to arbitration pursuant to the terms of this contract. C. In no case shall broker be personally liable to Salesman for any commissions, nor shall Salesman be personally liable to Broker for any commissions not collected. If commissions shall have been collected from the party or parties for whom the services was performed, it is agreed that such sums shall be deposited with the Broker and subsequently divided according to the terms of this agreement. D. The division and distribution of the earned commissions as set out hereinafter, which may be paid to or collected by Broker, but from which Salesman is due certain commissions, shall take place as soon as practicable after collection and receipt of such commissions. ARTICLE IV Expenses A. Except as specifically provided in subparagraph B immediately following, Broker shall not beliable to Salesman for any expenses incurred by Salesman or for any of his acts nor shall Salesman be liable to Broker for office help or expenses, or for any of Broker's acts, other than as specifically provided for herein. B. It is agreed by the parties hereto that certain "special expenses" directly attributable to a specific transaction shall be deducted from the gross commission after collection of such commission and prior to division of the net amount between Broker and Salesman. Such special expenses shall not be allowable unless agreed upon in writing by the parties hereto prior to expenditure. C. Expenses of a general nature, such as those for professional or customer relations, which inure to the benefit of Broker, shall be reimbursed to Salesman by Broker where such reimbursement is agreed upon in writing by the parties hereto prior to expenditure. ARTICLE V Real Estate Licenses, Bond and Dues Salesman shall pay all of the cost of his own real estate license and bond, and of his dues for membership in the National Association of Real Estate Boards, the State Real Estate Association, and in the local Board of REALTORS or other dues, Occupation Tax and Notary Bond. ARTICLE VI Authority to Contract Salesman shall have no authority to bind, obligate or commit Broker by any promise or representation, unless specifically authorized by Broker in writing in a particular transaction; provided, however, that Salesman shall be and is hereby authorized to execute contracts of sales, leases, and listing agreements for and on behalf of Michael Greene as Agent or Principal Agent, so long as the commission involved in such transaction is not less than that determined for such transaction or service by broker, 4 ARTICLE VII Litigation and Controversies A. In the event that Salesman does not wish to orally enter into the following actions jointly with Broker, then Salesman hereby grants to Broker the power of attorney in his name, place and stead to institute an action in a court of competent jurisdiction concerning commissions or other matters related to the conduct of such real estate business of Broker and Salesman as have been pursued by the parties under this Agreement, to conduct the same to a fmal decision, to negotiate settlements, to defend actions, suits or proceedings pertaining to said real estate business, to employ counsel, and to conduct said matters in final consummation in such manner and upon such terms as to Broker may see expedient or desirable. B. In the event any transaction in which Salesman is involved results in a dispute, litigation or legal expense, Salesman shall cooperate fully with Broker. Broker and Salesman shall share all expense connected therewith, in the same proportion as they would normally shared the commission resulting from such transaction if there were no dispute or litigation. It is the policy to avoid litigation wherever possible, and Broker, within his sole discretion may determine whether ornot any litigation ordispute shall be prosecuted, defended, compromised or settled, and the terms and conditions of any compromise or settlement, or whether or not legal expense shall be incurred; provided, however, that no compromise or settlement involving the payment of money or anything of value by Salesman, or the foregoing of any commission or portion thereof due Salesman, shall be accepted by Broker without the written consent of Salesman. ARTICLE VIII Cancellation of Exclusive Listings Broker shall have the sole right to cancel an exclusive listing agreement on any property at any time by written notice to Salesman and Seller; provided, however, where Salesman has secured such exclusive listing and cancellation may cause Salesman to lose commissions earned or to be earned by virtue of securing the exclusive listing, then Broker may not cancel without the written consent of Salesman. 5 ARTICLE IX Listings, Correspondence, Records and Forms A. Salesman agrees that any and all listings of property, and all actions taken in connection with the real estate business, shall be taken by Salesman in the name of Broker. Such listings shall be filed with Broker within twenty-four (24) hours after receipt of same by Salesman. All listings shall be and remain the separate and exclusive property of Broker unless otherwise agreed by the parties hereto. b. It is agreed by the parties hereto that all correspondence received, copies of all correspondence written, plats, listing information, memoranda, files, photographs, reports, legal opinions, accounting information, and any and all other instruments, documents or information of any nature whatsoever concerning transaction handled by Broker or by Salesman or jointly are and shall remain the property of Broker; provided, however, that Salesman is entitled to a copy of each upon reasonable request. C. The parties hereto shall mutually approve and agree upon all correspondence from the office of Broker pertaining to transactions being handled, in whole or in part, by Salesman. D. The parties hereto shall mutually agree upon the forms to be used and the contents of all completed contracts and other completed forms before they are presented to clients for signature. ARTICLE X Independent Contractor This agreement does not constitute a hiring by either party. The parties hereto are and shall remain independent contractors bound by the provisions hereof. Salesman is under the control of Broker as to the result of Salesman's work only and not as to the means by which such result is accomplished. This Agreement shall not be construed as a partnership, and neither party hereto shall be liable for any obligation incurred by the other except as provided elsewhere herein. Broker shall not withhold from Salesman's commissions any amounts for taxes or any other items. Broker shall not make any premium payments or contributions for any workmen's compensation or unemployment compensation for Salesman. Salesperson shall not be treated as an employee with respect to the services performed hereunder for Federal Tax purposes. 6 ARTICLE XI Default and Hold Harmless The parties hereto mutually agree that if either party shall be in default of or breach any of the terms or conditions of this contract and such default or breach shall result in any loss or damage to the other party, then and in that event, the defaulting party hereby agrees to pay to the other party and such loss or damage and further agrees to hold the other party harmless from any claim, demand, cause of action, or lawsuit which may result from or be caused by such breach of this contract. There is hereby granted to the defaulted party a contractual lien upon any sums due or owing to the other or which may be collected by the defaulted party and subsequently be due or owing to the other party to cover the items described in this Article. If said sum shall not be liquidated in amont, then and in that evet, the defaulted party is authorized to retain said sums until said claim, demand or cause of action shall be consummated. ARTICLE XII Termination A. This agreement, and the relationship created hereby, may be terminated by either party hereto, with or without cause, at any time upon three (3) days written notice given to the other; but rights of the parties to any commissions which accrued prior to said notice shall not be divested by the termination of this agreement, except as stipulated herein. B. Upon termination of this agreement, all negotiations commenced by Salesman during the term of this agreement shall continue to be handled through Broker and with such assistance by Salesman as is reasonable under all the circumstances. Salesman shall be compensated according to schedule attached hereto. C. Salesman, upon such termination, shall furnish Broker with a bona fide list of all prospects, leads and probable transactions developed by Salesman, or upon which Salesman shall have been engaged. Salesman shall not be compensated in respect of any transaction completed subsequent to termination of this agreement unless agreed to in writing by Broker. D. Upon termination of this agreement, Salesman further agrees not to furnish to any person, firm, company or corporation engaged in the real estate business any information as to Broker's clients, customers, properties, prices, terms of negotiations nor Broker's policies or relationships with clients and customers nor any other information concerning Broker and/or his business. Salesman shall not, after termination of this agreement, remove from the files or from the office of the Broker any maps, books, and publications, card records, investor or prospect lists, or any other material, files or data, and it is expressly agreed that the aforementioned recordsand information are the property of Broker. Salesman shall be entitled to photostats of certain instruments pertaining to transactions in which Salesman has a bona fide interest, and Broker shall not unreasonably withhold the same from Salesman. E. Upon termination of this agreement, Salesman shall not be compensated in respect of any sale or lease option contained in any existing sale or lease agreements, or in any sale or lease and Broker shall perform all necessary services in connection with the foregoing, unless compensation shall be specifically agreed upon between the Broker and Salesman. ARTICLE XIII Escrow Deposits All contracts of sale shall be accompanied by an escrow deposit of five percent (5%) of the purchase price. Salesman will, at all times, require purchasers, or prospective purchasers, to put up such escrow deposit, unless a higher or lower sum shall be mutually agreed to in writing by Broker and Salesman. Salesman is expressly prohibited from accepting less escrow deposit, to accept a post-dated check, or to agree not to deposit any escrow check, without having mutually agreed in writing with Broker upon any such items. ARTICLE XIV Automobile It is agreed that Salesman shall furnish his own automobile and pay all expenses thereof and that Broker shall have no responsibility therefor. Salesman agrees to carry public liability insurance upon his automobile with minimum limits of 5100,000 for each person and $300,000 for each accident and with property damage limit of $50,000. Salesman agrees to furnish to Broker a certificate certifying as to such insurance prepared by the insurance company. ARTICLE XV Arbitration Agreement Procedure In the event of disagreement or dispute between Salesman and Broker, or Salesman under contract with Broker, arising out of, orconnected with this agreement, which cannot be adjusted by and between the parties involved under the termsand conditions of this agreement, 8 the parties hereto agree to submit such disagreement or dispute to arbitration in accordance with the rules, regulations and procedures of the American Arbitration Association. Broker and Salesman hereby agree to be bound by the decision of the arbitrator named by the above described arbitration body. ARTICLE XVI Miscellaneous A. Heirs, Successors and Assigns. This agreement shall be binding upon and the benefits shall inure to the heirs, successors and assigns of the parties hereto. B. Notices. All notices provided for under this agreement shall be in writing and shall be sufficient if sent by certified mail to the following listed addresses of the parties hereto or to such other address as shall be designated in writing to the other party: BROKER: The Homestead Group, Inc., REALTORV 4075 Market Street Camp Hill, PA 17011 SALESMAN: ?2v 0Al`?sta6t 2 E la G Ll Mato w C. Governing Law. This agreement shall be governed by the laws of the State of Pennsylvania. D. Assignment. This agreement is personal to the parties hereto and may not be assigned, sold or otherwise conveyed by either of them. E. Waiver, That the failure of any party hereto to enforce at any time any of the provisions or terms of this agreement shall not be constructed to be a waiver of such provision or term, nor of the right of any party thereafter to enforce such term or provision. F. Entire Agreement. That this agreement constitutes the entire agreement between the Broker and Salesman, and that there are no agreements or understandings concerning such agreement which are not fully set forth herein. G. Severability. That if any provision of this agreement is invalid or unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in such 9 jurisdiction and shall be literally construed in order to effectuate the purpose and intent of this agreement, and the invalidity or unenforceability of any provision of this agreement in any jurisdiction shall not affect the durability or enforceability of any such provision in any other jurisdiction. H. Receipt of Copy. Each party hereto acknowledges receipt of a complete and signed copy of this Agreement on the date of signing. IN WITNESS WHEREOF, the parties hereto intending to be legally bound, have set their hands and seals the day and year first above written. WITNESS: BROKER: The Homestead Group, Inc., REALTOR@ WITNESS: (SEAL) V f? SALESMAN: 10 N ? j_l o-`I. VG? w +-, r ?. , ,_ r? C?? "i'7 Ti ru -i1 UJ il??,.a ,,? -- ?,? ;??, ? ?; ;; ?, .. } THE HOMESTEAD GROUP, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-592 RANDAL FISHEL, Defendant CIVIL ACTION PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned lawsuit as settled and discontinued with prejudice. Date: / t? ?y?( / Z&C S Respectfully submitted, ?DH C. C GER Pefi R. Wilson, Esquire Attorney I.D. No. 87655 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorney for Plaintiff r? r! _ , i N °c: ? __ -T7 ^,. t_ ?,.? G' SHERIFF'S RETURN - OUT OF COUNTY y CASE NO: 2005-00592 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESTEAD GROUP INC THE VS FISHEL RANDAL R. Thomas , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT FISHEL RANDAL but was unable to locate Him in his bailiwick to wit: He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 9th 2005 this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lebanon County 51.50 .00 88.50 02/09/2005 REAGER & ADLER So answers: R.'Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /S^? day of ,2Uos A. D. \ Prothonotar In The Court of Common Pleas of Cumberland County, Pennsylvania The Homestead Group Inc. vs. Randal Fishel No. 05-592 civil Now, February 3, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r .. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to Sworn and subscribed before me this _ day of 20 copy of the original So answers, Sheriff of COSTS SERVICE _ MILEAGE the contents thereof. $ AFFIDAVIT 20 , at o'clock M. served the County, PA CIVIL COMPLAINT No. 05-592 Lebanon, PA February 8, 2005 Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 THE HOMESTEAD GROUP, INC. Vs. Peter R. Wilson, Esquire REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 717-763-1383 Docket Page 21751 RANDAL FISHEL COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON SS: William F. Mohl, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within CIVIL COMPLAINT upon RANDAL FISHEL, the within named Defendant, by handing a true and attested copy thereof personally to him on February 7, 2005, at 3:03 o'clock P.M., at 2 Eagle Drive, Palmyra, South Londonderry Township, Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me this 8th day of February, A.D., 2005 ) 1(Vf&)1) --RCIKUUr Notary Public w,i?Tr1 ' i SO ANSWERS, DEPUTY SHERIFF SHERD a SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs, Pd., Check #48755, Receipt #53882 Amount $100.00 Costs Incurred Amount $ 51.50 Refund, Check #16755 Amount $ 48.50 Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff s fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1411, P.L. 1072 JOHN STONE and MARY ANN STONE, his wife, Plaintiffs vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G CIVIL ACTION - LAW ° ? NO. 05-592 CIVIL U.1 : - VD 7 > C: 004 RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON : PENN HARRISHOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, : Defendants JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held October 28, 2009, were Michael Kosik, Esquire, attorney for the plaintiffs, and Christopher Reeser, Esquire, attorney for the defendants. This lawsuit arises out of a slip and fall incident that occurred at the Penn Harris Hotel in Camp Hill on February 11, 2003. The plaintiff contends that he fell on a patch of ice on the sidewalk of the hotel. He contends that ice developed as the result of a leak or drip in the seam of a copper gutter. The defendant contends that its employees were called in early in the morning of the incident to put salt on the walkways and that it otherwise exercised due care. The issues in the case involve not only liability but the nature and extent of the plaintiff's injuries. It is anticipated that the trial will be of two to three days' duration. It should be noted that Mr. Kosik is also involved in the trial of case number 11, Ash v. Bowers, 08-2211. It has been proposed that case number 11 commence on Monday of the trial week followed by this case before the same judge. October 28, 2009 Kev' Hess, J. Michael Kosik, Esquire For the Plaintiffs Christopher Reeser, Esquire For the Defendants Court Administrator rim THE PROTHONOTARY 2409 OCT 29 AM 10: 12 'J PENNSYLVANIA