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Home My WebLink About95-01054 v. IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIJ} NO. 75- /1151 (t ~VI.I.-fY\--- COMMERCIAL REALTY GROUP, INC., Plaintiff . . DENNIS J. RED, 316 Sample Bridge Road Mechanicsburg, PA 17055 Defendant CIVIL ACTION - LAW ! , : ' 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 IoAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 7(7 cl40 (P JoO ~, ! ! COMMERCIAL REALTY GROUP, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA NO. : CIVIL ACTION - LAW v. DENNIS J. RED, Defendant COMPLAINT 1. Plaintiff, Commercial Realty Group, Inc. is a Pennsylvania corporation with a principal place of business located at 1300 Market Street, Suite 305, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, Dennis J. Red is an adult individual who resides at 316 Sample Bridge Road, Mechanicsburg, cumberland County, Pennsylvania. 3. At all time relevant hereto, Plaintiff acted by and through it's agent, J. H. Lymbaris. 4. On March 4, 1994 and subsequent to review by his counsel, Defendant entered into an exclusive authorization to Lease Agreement with Plaintiff. Attached hereto and made a part hereof in Exhibit "A" is a copy of said Agreement. 5. The Agreement provides, in pertinent part, that if the subject property is leased during the term of the Agreement by anyone, including the Lessor (Defendant herein), Plaintiff is entitled to a commission of 6% of the total aggrigate gross rental of the initial lease at the signing of said lease and thereafter, 6% of the annual gross rental for renewal options, modification or any new lease executed by the Lessor and Lessee. 6. During the term of the pendency of the Exclusive Authorization to Lease the subject premises were leased to Doctors Mahoney and Bucher. 7. Defendant has refused to provide Plaintiff with a copy of the Lease Agreement entered with Doctors Mahoney and Bucher and has further refused to provide Plaintiff with a total aggregate gross rental agreed to by the parties to the lease or the term of said lease. 8. For the reasons aforesaid, Plaintiff is not capable of calculating the amount of the commission for which claim is hereby made. 9. plaintiff believes and therefore avers that the amount due and owing is less than $20,000 which is hereby demanded. WHEREFORE, plaintiff respectfully requests this Honorable Court to enter an award in it's favor in the amount not in excess of $20,000 which is the jurisdictional limit for arbitration. Respectfully submitted: CALDWELL & KEARNS Date: ,;J ,/f~r h, Esquire . 27115 Plaintiff 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 G:\DATA\JLG\TBF\TBF\4557D.l A~OM~ERCIAL , II II "REALTY GROUp,INC. 63S NORm 12lh STREET, LEMOYNE, PENNSYLVANIA 1'043 MAILING ADDnESS PO 80X 3J8, CAMP lULL, PENNSYLVAN'A "00' 1'''1701 BIOG FAX Iml 70'"322 EXCI.lJSI\'.': Al1TIIUllIZATION TO I.MS.'; The ondersigned, hereioaflcr callcdlhe I.cssor, hcrchy glanlS COMMEltCIAl.lWAL'lT UROUI',INC..lhe Exclnslve AUlhorlzalloo and Right, for a period commcodog Ihis dale and tcrmloallng _..s~ moolhs from Ihis dale, to'lcuse Ihe property sllmlle ~))ri"e., ~'Mtlic..Jov-?\-IJ>A IloS'; C::i,/VlI..(" Sf.! i~_T.lYp"_I__Cu"",~e.':2t4Y'-.L_Co__ more parlicularly described as follows, ~WII: ~_;){g50..__::>E-_leA.~blP D(-G.t..L.sp'.ML(J~rXI'" ~tlo ~~ma:L~L(.if:jLR-~' ~irbLSJjlO( - tll,::O/!iF r~lJ-j"'5' f,'"", -OD.... -.. 0.00 sF , I'\u-, " ;!j+it'S NO'Y, In coosidelRtion, Lmor agrees 10 puy COMMERCIAL REALTY GROUl', INC, a commission of ~X(.l~L percenl of Ihe lotal aggregale gross 'enlnl of the Initial lease, said compensalion of Ihe lerm of Ihe InlllallelJ.'e being due and payable In cash opoo signlog of Ihe lease hy Lessor aod Lessee. Thereafter, the rate of ~l-C.)- percenl of the annual glOss rcnlal shall apply 10 any reoewul optloos, modifications of Ihe lease lenns, or any new lease execnled by the lenanl or sublcnant 50 long as lenanl remains In occupancy. The leasing of addlllonal area in the same premises 10 the same lenanl or 115 subsidiary also enlllles COMMERCIAL REAL. TY GROUI'.INC, 10 a commisslonPtyal,le inlhe same manner as above provided. COMMERCIAL REALTY GROUI', INC. is enlltled 10 a -~lJ,,)- percenl commission on the consideralion, IF: I. During the lelln of 11115 Agreemenl Ihe propcrty is renled or leased UY ANYONE, INCLUDING TIlE LESSOR. 2. The properly Is wllhdrawn fromlhe markel, or if Ihis Aulhori7alion Is revoked during Ihe lenn hereof, or if Ihe Lessor olherwlse prevenlS Ihe performance hereunder during Ihe term of Ihls Amhorlzallon by COMMERCIAL REALTY GROUl', INC, 3, A lease Is made wllhlo ~!lL!Il:;_ months afler Ihe lerminallon of Ihls Anlhorlzallon wllh IlelSons wllh whom COMMERCIAL REALTY GROUI', INC. has negotiated during the term hereof and whose names COMMERCIAL REAL TV GROUI', INC, shall have submllted In writing 10 Lessor within ten (10) days afler lermlnallon of this AUlhorlzatlon. Shonld Ihe lenanl of Ihelr assigns or nominees pnrchase }!I, demised premises or any pari thereof, COMMERCIAL REALTY GROUI'. INC. is enlllledto a -5.!)(W percent commission onlhe conslderallon. COMMERCIAL REALTY GROUI', INC. is hereby anlhOllzcdlo plnce "FOR LEASE" signs on said real estnlc and 10 remove all olher signs therefrom, In considernllon of Ihe e,5eenlion hereof, Ihe undersigned COMMERCIAL REALTY GROUI', INC. agrees 10 use diligence in procuring a Lessee, This Ag,eemenlshall be binding uponlhe undersigned Lessor, his heirs, execulors, admlnislralors and assigns, The undetSigned having carefully read and considcred the wllhin Agreement hereby acknowledges receipl of a copy of Ihis Agreement, RECOVERY FUND: The I'ennsylvania General Assembly has eSlablisheda Real Eslate Recovery Fund. The purl'ose of the fund Is to compcnsnle llersons who oblaln an uncolleclable judgment becnuse of frand, mlsrepresen, latlon or deceh of an agenl. For furlher Informallon lelephone (111) 183.36S8 or 1.800.822,2113, AGENT'S FEE and EXI'IRATION DATE: The Agent's Fcc and Expiration Dale of Ihis Agreemenl have nol been eSlablishcd or ,ecommended by any Associallon of Realtors, or hy any olher organizallon or individual, UefOle signing Ihls ARreemenl Ihe owner was informed Ihal Ihe Agem's Fcc and the Expirallon Dale of this Agreemenl were negollnble, Signed this LJ~ day of IY\tv~ , 19 ~ I.ESSOR: (SEAL) (SEAL) Address ~I b . Vl1. , - . _ _, ~A. _1I_J:JPlO!e..i..L .I':LV_"--1f<o<U'ltl1' 1'-.2P11I(J ,'''' TeIeP'flli.:t)_1.c,(P-=J2l1ot> /705S .....-.-..... ...-...-- .., COMMERCIAL REALTY GROUP, INC., : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CTY., PENNSYLVANIA v. NO. tJ'f)"-/cc;1( c~~1 v-;~ : CIVIL ACTION - LAW " , t: I: I I 1 i I I I' , i , I I i I , I I I I I DENNIS J. RED, Defendant BN'l'Ry OP APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Dennis J. Red, in the above-captioned matter. '".1 ACCEPTANCE OP SERVICE t '-~ I hereby accept service of process by and on behalf of the Defendant, Dennis J. Red, and aver that I am authorized to do so. RONALD D. BUTLER, P.C. Date: J.~!9J- By: J2111J~-- Ronald D. Butler, ES~ire Attorney I.D. No. () ~ Attorney for Defendant Red 300 North Second Street Harrisburg, PA 17101 (717) 236-1485 ,~~ c:; . 'v:J:;: ..... ~~rt,;.:: Z'::u "'ll~' :Z:__,\,,~ If\;...O; ~:r..lI;J I~O:J:::': 1"-(')0._ J:.::>~4'"') ;; C.. "~ 1"1 >~,;.; :c~ :II: - ... r en is C> ... ~ ::z: \ - c..a .." ~ en - .... ~:= ..;~ t~~~~~ 1~2.;c..,)~ ....r.~':.. O_~:--_J ,~: ~ ,~~E! : 'I ,.1...J::= L..":';.'..}W ~:~: a.. :> 0<'" if: N I-f ("I') c::o ...., ... ~ <~ =s ... ... .... c:I "'~ . ... .. u I I 0'" .... ~ ~~ :z: c:I c:I p.; ... ... .. .. ... "'''' .... .. ~~I i! :z:~~ ~'" l'l OW~ li! ; 'illll is''' a .. ~ :K CJ O~==:l ~ = r:Q . f<o~'" . Q II I i o 0' co . 0 > l'l i ~ ",o..;tz l:! ..: ",0 ~~O... ~ o ...", . = g 010 ... I ~ "'< lil ~~O\= '" ~ ... ~ .> ~ :z: 0'" w' ... :z:o 0 l'l ., .. .' , ." .' .'\i, .- . -. '" -: RU;-';'-\I.D fl. nL'I'I,ER, P. c. , . ,. . \ ':..... 1 -'.., .. .' . " I ' i ' , . I' COMMERCIAL REALTY GROUP, INC., Plaintiff v. , IN THE COURT OF COMMON PLEAS , CUMBERLAND COUNTY, PENNSYLVANIA , , NO. 95-1054 CIVIL TERM , , , CIVIL ACTION - LAW DENNIS J. RED, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims eet forth in the following pagee, you must take action within twenty (20) daye after thie Complaint and Notice are eerved, by entering a written appearance personally or by attorney and filing in writing with the court your defenees or objections to the claime eet forth againet you. You are warned that if you fail to do eo the case may proceed without you and a jUdgment may be entered againet you by the court without further notice for any money claimed in the complaint or for any claim or relief requested by the Plaintiff. You may loee money or other righte important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT OFFICE SET FORTH Court Adminietrator Cumberland county Courthouse 4th Floor 1 Courthouee Square Carlisle, Penneylvania 17013 (717) 240-6200 , 9. Denied. To the contrary it ie averred that no commission is due and owing by Defendant to Plaintiff. To the contrary it ie averred that Defendant's counsel ROnald D. Butler informed J.H. Lymberis by telephone after reviewing the Exclueive Authorization to Lease Agreement that the Defendant would provide Plaintiff with a liet of potential tenante. Hr. Butler explained to Hr. Lymberis that Defendant would not agree to pay a commission in the event that the premises were leaeed to one or more of these potential tenante eubeequent to the execution of the Exclueive Authorization to Lease Agreement. The Defendant aleo informed Hr. Lymberie that he would not agree to pay a commieeion if the premieee were eubeequently leased to certain potential tenante. Defendant informed Hr. Lymberie that this list included the doctors from next door and Defendant'e wife. Hr. Lymberie replied that "Our company doeen't work that way". On March 14, 1994 Defendant provided Hr. Lymberis with a written liet of potential tenants. A copy of that list ie attached ae Exhibit "A" and made a part hereof. R. Bucher, M.D. and W. Bohonyi, M.D. appear on that liet. WHEREFORE, Defendant requeete thie Honorable Court enter jUdgment in it's favor and against Plaintiff, dismies the complaint with prejudice and grant such other relief as it deeme ~air and just. Verification I, Danni!! J. Red, hereby certify that the facts set forth in the foregoing AnRWl!r and New r.latter are true and correct Jiccorc1 ine to the best of my knowladp;e. information and belief. I undl!rRtand that any false statements hl!rein are made subject to penalties of 18 Pa. e.s. #4904 relating to unsworn falsification to authorities. Da";ql LI"> CT') ~ ,_ ).. - '-'- ..: -- w::. '" :t' N 1.1,' " '" _. ,. .,' , . \~: r-- ....... 2: "" -, I' " h ~;. --' Q III is z . 0- ~ 0 '" 0: ~ ~ '" Z c( 0: ~ 0: ..J 0- W 0 III ~ A ~ 0: 0- ~ 0 z &6 u UI 0 z ~ >- 0: Z .J . I&l .. I&l . .J 0 z . D- O- W ;; II: 0: ~ ~ " 0 0 w II: C " l:: z :J 0 .J 0: C l'l lD c( A .. UI U . l'l it II: C :t . H. Mil.' AO't.,., ...rs...'... nl'. QtrII't*), 00 u......1'rtln UWI"'" -- " , , COMMERCIAL REALTY GROUP, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA NO. 95:" /o5V CltJ.t! VP"'-/H v. DENNIS J. RED, Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER 10. Admitted in part. Admitted that Bucher and Bohonyi have entered lease agreements with Defendant. Plaintiff is without knowledge or information sufficient to form a belief as to whether there are any other lessees in the subject premises. 11. Admitted. There was some conversation regarding potential tenants prior to the execution of any lease or Exclusive Authorization to Lease Agreement. 12. Denied. The discussion was merely that there may be potential tenants for the subject premises. 13. Denied. There was a general discussion only that certain potential tenants may exist. Denied. Defendant executed an Exclusive Authorization to Lease Agreement which provided for payment upon the leasing of the subject property without exception for potential tenants. There may have been general discussions about the potential tenants, however, there was no agreement that such potential tenants would be excluded from the Exclusive Authorization to Lease Agreement. 14. Denied. No list was ever prepared and presented to Plaintiff or Plaintiff's agent. The parties had never agreed that .. VBRIP:ICATION I, Thomas J. Mallios, Broker, Commercial Realty Group, Inc., verify that the statements made in the foregoing Reply to New Matter which is within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe it to be true. I understand that all statements herein are made subject to the penalties of 18 Pa, C.S.A. !i4904, relating to unsworn falsifications to authorities. COMMERCIAL REALTY GROUP, INC. BY:~~ omas J. Mal110s, Broker Dated: 5;/&hf , , G:\DATA\JLG\02548\9588\48227.1 , CERTIFICATE OF SERVICE AND NOW, this 26th day of June, 1995, I, Judith A. Harper, an employee of Caldwell & Kearns, hereby certity that I have served the foregoing Plaintiff's Reply to New Matter on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Ronald 0, Butler, Esquire 300 North Second Street P,O. Box 430 Harrisburg, PA 17108-0430