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HomeMy WebLinkAbout05-3658WALTER P. NEAL, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. (09-,?LTJP l ??L WORLD CAPITAL CORPORATION DBIA/ AIM MORTGAGE CIVIL ACTION -LAW Defendant 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. You may lose money, 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de Is fecha de Is demands y Is notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en Is corte en forma escrita sus defensas o sus objeciones a las demandas en contra de so persona. Sea avisdao que si usted no se defiende, Is corte tomara medidas y puede entrar una orde contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en Is peticion de demands. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: 7 -r YL- 'd r By: Law Offi6e of Darrell C. Dethlefs Attorney I.D. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 WALTER P. NEAL, Plaintiff V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05- 34 5 ak;d e? WORLD CAPITAL CORPORATION D/B/A AIM MORTGAGE CIVIL ACTION - LAW Defendant COMPLAINT 1. The Plaintiff Walter P. Neal is an adult individual with an address of 142 North 28th Street, Harrisburg, PA 17109. 2. The Defendant World Capital Corporation d/b/a Aim Mortgage is a corporation organized under the laws of the Commonwealth of Pennsylvania with an address of 1509 Cedar Cliff Drive, Camp Hill, PA 17011. 3. The Plaintiff began working as a loan officer for the Defendant on January 26, 2005. 4. The Plaintiff had a written employment contract with the Defendant. The Plaintiff does not have a copy of this employment contract and can not attach said contract as an exhibit 5. The Plaintiff was compensated on a commission based pay structure. 6. The Plaintiff last paycheck was on March 31, 2005. 7. The Plaintiff had three loans which closed for which he should have received compensation. 8. A loan closed on April 4, 2005 for which the Plaintiff should have received $3121.20. 9. A second loan closed on March 25, 2005 for which the Plaintiff should have received $3,693.40. 10. The third loan closed on May 6, 2005 for which the Plaintiff should have received $4,176.90. COUNTI BREACH OF CONTRACT 11. The Plaintiff incorporates by reference hereto paragraphs 1 through 10 as if set forth more fully herein. 12. The Plaintiff had a contract of employment with the Defendant. 13. The Defendant breached this contract by not paying the Plaintiff the compensation he is owed. 14. The Defendant has not paid the Plaintiff despite repeated requests for payment. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount less than $35,000 requiring arbitration. COUNT II UNJUST ENRICHMENT 15. The Plaintiff incorporates by reference hereto paragraphs 1 through 14 as if set forth more fully herein. 16. The Defendant in not paying the Plaintiff the compensation he was owed received a benefit. 17. The Defendant was unjustly enriched by retaining that portion of the fees from the three loans that closed that the Plaintiff was entitled pursuant to his contract of employment. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount less than $35,000 requiring arbitration. Michael J. y osh, Esquire Law OffiqOi of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 (717) 975 - 9446 Atty Id. No. 58851 Verification I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Walter P. Neal r' CJ w (J c? I Irl l Ci) ? 1 T WALTER P. NEAL, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSLYVANIA NO. 05-3658 CIVIL TERM WORLD CAPITAL CORPORATION D1BlA/ AIM MORTGAGE Defendant ANSWER AND NOW, comes Defendant, World Capital Corporation dfb/a Aim Mortgage, through its counsel, Law Offices of Peter J. Russo, P.C., and answers the complaint as follows: Admitted upon information and belief. Admitted. Denied. The Plaintiff began working as a loan officer for the Defendant on March 1, 2005. 4. Admitted that the Plaintiff had a written employment contract with the Defendant. The Defendant lacks sufficient knowledge as to know whether or not Plaintiff has a copy. Admitted. 6. Admitted. 7. Denied. The allegations contained in Paragraph number 7 lack sufficient specificity so that Defendant may form an appropriate response to the pleading. By way of further response Defendant is unaware of any loans for which Plaintiff is entitled to compensation. Strict Proof is demanded at the time of trial. 8. Denied. Defendant denies that Plaintiff is entitled to any compensation for a loan close on April 4, 2005, for which he has not already been compensated. By way of further response strict proof is demanded at the time of trial. 9. Denied. Defendant denies that Plaintiff is entitled to any compensation for a loan close on March 25, 2005, for which he has not already been compensated. By way of further response strict proof is demanded at the time of trial. 10. Denied. Defendant denies that Plaintiff is entitled to any compensation for a loan close on May 6, 2005, for which he has not already been compensated. By way of further response strict proof is demanded at the time of trial. COUNT I - BREACH OF CONTRACT It. The Defendant incorporates by reference hereto paragraphs I through 10 as if set forth more fully herein. 12. Admitted. 13. Denied. Defendant specifically denies that Plaintiff is entitled to any compensation for which he has not already been paid. Strict proof is demanded at the time of trial. 14. Denied. Defendant specifically denies that Plaintiff is entitled to any compensation for which he has not already been paid. Strict proof is demanded at the time of trial. WHEREFORE, the Defendant requests judgment in its favor and against Plaintiff with costs of this proceeding. COUNT II - UNJUST ENRICHMENT 15. The Defendant incorporates by reference hereto paragraphs 1 through 14 as if set forth more fully herein. 16. Denied. Defendant specifically denies that Plaintiff is entitled to any compensation for which he has not already been paid. Strict proof is demanded at the time of trial. 17. Denied. Defendant specifically denies that Plaintiff is entitled to any compensation for which he has not already been paid. Strict proof is demanded at the time of trial. WHEREFORE, the Defendant requests judgment in its favor and against Plaintiff with costs of this proceeding. Respectfully submitted, Law Offices of Peter J. Russo, P.C. By: c6tt A. Stein, Esquire Attorney LD. No. 81738 Peter J. Russo, Esquire Attorney LD. No. 72897 3800 Market Street Camp Hill, PA 17011 Tel: (717) 591-1755 Fax. (717) 591-1756 Attorneys for Defendant Date: 7 "12.4'x" T. Jason B. Namiltan, corporate officer for World CgXW Corpo vdm d &k AIM Mortgage, verify flax the statements made m the forgoing document are true and correct. I -andentand tit false swtemenb herein we made v*jeet io the pe»eidm of 19 Pa.. C. S_ § 4904 relating to rmawom faMeadon to ata writies. . /;- vs CERTIFICATE OF SERVICE I, Scott A. Stein, Esquire, of the law firm of Law Offices of Peter J. Russo, P.C., hereby certify that on the day of September 2005, a copy of the foregoing Defendant's Answer was sent via First Class U.S. Mail, postage paid, to the following: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 Attornev for Plaintiff v om N W ??C 'XI Ti 'TY SHERIFF'S RETURN - REGULAR CASE NO: 2005-03658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEAL WALTER P VS WORLD CAPITAL CORP ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon WORLD CAPITAL CORPORATION D/B/A AIM MORTGAGE the DEFENDANT , at 0014:10 HOURS, on the 27th day of July 2005 at 1509 CEDAR CLIFF DRIVE CAMP HILL, PA 17011 by handing to BRAD HIMMELBERGER (S R. LOAN OFFICER) a true and attested copy of NOTICE together with COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So Answers: I At Service 12.80 e Affidavit .00 Surcharge 10.00 R. Thomas Kline nn 40.80 07/29/2005 DARRELL DETHLE (SI Sworn and Subscribed to before By:) -7 me this day of Deputy Sheriff (ypoJ A.D. ,Prothonotary (9 V Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011-4706 (717) 975-9446 Mpykosh(ZDdcdlaw. net Attorney I.D. No.: 58551 Attorney for Plaintiff Walter P. Neal, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 05-3658 World Capital Corporation d/b/a Aim Mortgage Defendant : CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED To the Court: Michael J. Pykosh, Esquire, attorney for Plaintiff, Rothman, Schubert & Reed Realtors, LLC, intends to proceed with the above-captioned matter. Michae J. ykosh, Esquire ` r? ?::? .Fa Mrs - ??? ^,7 - . _ `+ rr :? .L ?. David-D. Buef Prothonotary Office of the Prothonotary Cum6erland County, Pennsylvania Sofionage, ESQ SoCicitor — 3/5$ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 Car(isCe, PA 0 Phone 717 240-6195 0 Ta. -,(.717 240-6573