HomeMy WebLinkAbout95-02235
postal Mailhandlersll), The Defendant is a division of the
Laborer's International union of North America, AFL-CIO-serving
pennsylvania, Delaware and New Jersey, with an address of 624 North
Kloster Avenue, Tupelo, Mississippi 38801,
COUllT I
BREACH 01' CONTRACT
3. On or about November 16, 1994, Reager was contacted by
Mr. Frank DeMarco of the National postal Mailhandlers at which time
Mr. DeMarco solicited Reager to purchase advertising in the Labor
Directory and Referral Guide (hereinafter the "Directory").
4, Mr. DeMarco, on behalf of National Postal Mailhandlers,
represented that if Reager paid $950,00 to the National postal
Mailhandlers, Reager would receive a full page advertisement in the
Directory. A written offer from the National Postal Mailhandlers,
which was accepted by Reager, is attached hereto as Exhibit "A",
5, In addition, Reager was to receive a copy of the
Directory,
6, Reager relied upon representations by Mr, DeMarco that
Reager would receive the patronage of union members by purchasing
an advertisement,
7, On or about November 14, 1994, Reager paid $950,00 to
National postal Mailhandlers,
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8, To date, Reager has not received a copy of the Directory,
despite assurances by representatives of National Postal
Mailhandlers,
9. It is believed, and therefore alleged, that no directory
was produced by National Postal Mailhandlers, It is further
alleged that if the Directory was produced, Reager's advertisement
does not appear in the Directory,
10, Reager has demanded return of its $950.00 payment,
11, Despite demand by Reager, National Postal Mail Handlers
has failed and refused to return Reager's $950,00 payment,
12, National Postal Mail Handler's retention of Reager I s
$950,00 constitutes a breach of contract,
13, As a result of Defendant National Postal Mail Handler's
breach of contract, Reager has suffered damages as follows:
a, $950,00 cost of advertisement,
WBIRBI'ORB, Plaintiff, Reager & Adler, P,C" respectfully
requests this Honorable Court to enter judgment in its favor and
against Defendant National Postal Mailhandlers, Watchman,
Messengers and Group Leaders under Count I in the amount of
$950,00, plus interest and the costs of this action,
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COUNT II
FRAUD
14, The averments contained in paragraphs one (1) through
thirteen (13) above are incorporated herein by reference as if
fully set forth,
15, National Postal Mailhandlers, through its agent,
Mr. DeMarco, represented to Reager that if Reager paid National
Postal Mailhandlers $950,00 Reager would receive a full page
advertisement in the Directory and a copy of the Directory,
16, Moreover, Mr, DeMarco represented to Reager that Reager
would receive a great value, including increased business revenues
from union patronage of its services. National Postal Mailhandlers
representations are contained in Exhibit "A",
17, In reliance upon the representations of National Postal
Mailhandlers through its agent, Mr, DeMarco, Reager paid $950,00 to
National Postal Mailhandlers,
18, It is believed, and therefore alleged, that National
Postal Mailhandlers, at the time of its offer to Reager, had no
intention of fulfilling its representations to Reager,
19, To date, Reager has not received what was promised by
National Postal Mailhandlers,
20, Mr, DeMarco's representations, upon which Reager relied,
are material misrepresentations,
-4-
exhibit A
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PEN:,:SYLVilM,\
REAGER III ADLER, PC
ATTORNEYS AT LAW
2331 MARKET STREET
CAMP HILL. PA 17011-4842
(717) 763-1383
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