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Home My WebLink About95-04767 ~ '- (.. J 7 ~ L c... C3 ( ~ J c- ~ r- ::r :1'- , '.~I:~ - ',~. '. 'Z:;~~ , . - ~'.l:" .,.- {,~,~ , -" "....:: , ~~ 1,\ -i:." . '. ~~, c./ ~ " ._;i. -.,: ',;~; . . O' ,~ 'c . ,'..-" ../'.'" .';,.,', ,.,.~ " '~. ,'. ' . \~:,. . ./..t, ~i~ ;',' .. ,:,. .' ...~ 'ti, 'i~1 , ';1. :~"'! :t~ };~:. ,,;.: ..Il!. .~.:~ 'I.' :'.'<r ",~ ' \'t; -,,,,", ," ,_.-, .:,.-,,-,-: .,.... ',: .,.,.,.,,'----. f;:~:~~' ", COMMONWf.4L'tH!>>' 'INNSYLVANIA COUIT O' COMMON "IAS NOTICE OF APPEAL FROM JUDICIAL DISTIICT DISTRICT JUSTICE JUDGMENT COMMON 'LIAS No. 95-4767 Civil Term NOTICE OF APPEAL Notice i. giwn that the appellant has filed in the above Court of Cammon Plea. an appeal from the judgment rendered by the Di.lrict Ju.tice an lhe dote and in the C.... mentioned be'- curreri J.J. TOBA Curreri Real Estate . " 14 North Walnut Mechanicsburg Street I 'I Corrao, Vincent PA 17055 R. v. Curreri, J.~. TOD L'AN It /' / CV 19. 95-231 Z LT 19 Robert C. Thi. bIo<k wiD be signed ONLY when this notation i. required under Po. R.cP JP. Nc> l008B. Thi. Notice of Appeal. when receiwd by lhe Di.trict Ju.tic.. will operate a. a SUPERSEDEAS 10 the judgment lor pa.....1an in this ca.a 8-25-95 Est. Signaluro 01 I'ralhonota1y ex Deputy S idis, II appellant was CLAIMANT (see Pa. R.cP.JP. No. 1001(6) in action befcxe District Justice, he MUST FILE A COMPLAINT within twenty (201 days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sactlon 01 loon to be used ONLY when appel/ant was DEFENDANT (500 Pa, R.G,P.J.P, No. 100 1( 7) in action belore District Justice, IF NOT USED, detach lrom ccpy 01 notice 01 appeal to be SlJtVOd upon appel/oo}, PRAECIPEI To Prothonotary Ent., rule upon Vincent R. Corrao , appeIIee(.). to file a complaint in this appeal NJmo 0/ _" (Cammon Plea. Nc> 95-4767 Civil Term ) within twenty (20) day. aft., service a~ entry of JudgrMnt at non pm~ / I..~ / $Ig1aMJ oIl1/PPe1anf cw hIS atfotrloy 01 aqont .. RULEI To Vincent R. Corrao r., Nimool~51 ,~ . appell..(.). (1) You are notified that 0 rule is hereby ent.,eel upon you to file 0 complaint in this appeal within twenty (20) day. aft., the dale of ...vic. at this rule upon YO\I by personal ..,vice or by c.,lif1ed or regi.tered maiL ..:;., Date: (2) H you da not:;" a ccmplainl within this time. a JUDGMENT OF NON PROS WILL 8E ENTE~RjEO AG~~NST YOU. (3) The dote alseMce of this rule if ...vice wa. by man i. the date of mailing. C'\..l "" September 6, , 19~~ IOIPC 312.84 COURT FILE TO BE FILED WITH PROTHONOTARY ,COMMONWEALTH OF PENNSYLVANIA . COlif'llY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT lMg 01. No PLAINTIFF: NAME..... AOOAEBS rcORRAO,VINCENT R, 225 WYOMING AVE, ENOLA, PA 17025 L VS. DEFENDANT: ~ ~E~~~ CURRERI,J,J,TDBA/CURRERI 14 N,WALNUT ST, MECHANICSBURG, PA 17055 L Docket No.: CV-0000231-95 Date Filed: 7/26/95 -.J 09-3-05 , OJ NMIe. Hun RONALD E, KLAIR ~ 507 N, YORK ST, MECHANICSBURG, PA T__ (7171 766-4575 -.J 17055-0000 REAL EST,' ATTORNEY DEF PRIVATE : TIMOTHY M, ANSTINE 2109 MARKET ST, CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: [!] Judgment was entered for: (Name) CORRAO. VINCENT R. [!] Judgment was entered against: (Name) CURRERI , J ,J ,TDBA/CURRERI REAL EST, in the amount of $ 1. 806.50 (Dale) 8/25/95 on: D Damages will be assessed on: (Date & Time) D This case dismissed without prejudice. D Possession granted. D Possession granted n money judgment is not satisfied within thirty days. D Possession not granted. D Levy Is stayed for days or D generally stayed. D Objection to levy has been flied and hearing will be held: 10." r- Time: Amount 01 Judgment Judgment Costs Interest on Judgment Attorney Fees $1,758,00 $48,50 $,00 $,00 TOTAL $1,806,50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS Qf THE DATE OF JUDGMENT BY FlUNG A NonCE OF APPEAL WITH TH~ PROTHONOTARY I CLERK~~ ~E COURT ~_~~~.~ON PLEAS, CIVIL DIVISION. pate - l'::' " District Justice I certify that this Is a true and correct copy of the record of the proc.eedlngs containing the judgment. Date " ", , District Juslice . --. My commission expires first Monday 01 January. 1996. SEAL Aope 315-94 -=--- '- /~,; (1)-- 1/(,1 '-#.t~"1J 1-:0_ United States Bankruptcy Court Middle District of Pennsylvania VOLUNTARY PETITION IN RE. (Name of debtor) Corrao, Vincent R, ALL OIHER NAMES uled by dobtor In the list 6 YOlrl NAME Of JOINT OEBTOR (5poulo) ALL OTHER NAMES uled by Joint dobtor In th. lilt 6 y,"r. SOC. 5EC./TAR 1.0. NO. (If moro' thin on" It.t. Ill) 110-32-6386 SOC. SEC./TAX 1.0. NO. (If mo_. thin one, .tlt. Ill) 5TREET ADDRE5S Of DEBTOR 225 Wyoming Avenue Enola, PA 17025 STREET ADDRE5S Of JOINT DEBIOR CooNTT Of RE5IDENCE/BUSINESS: Cwnber1and HAILING ADDRESS Of DEBTOR CooNTY Of RESIDENCE/BUSINESS. HAILING ADDRE5S Of JOINT DEBTOR LOCAl ION Of PRINCIPAL A55ETS Of BUSINES5 DEBIOR VENUE (Chock onl box) IX) Dobtor h.. boon domiciled or hi' hid I r..ldonc., principal place of bulfnell, or prfnclpal Illetl fn thfl Dfltrlct for 180 dlY' Imrnodlltoly procodlng th. dlt. of thl. petition or for a longor part of such 180 day. thin In Iny othor DI.trlct, [ J There fl D bankruptcy calc concerning debtor'S afffllate, general partner, or pertnorshlp pending In thl. Dlltrlct. INfORMATION REGARDING DEBTOR (Check Ippllcoble boxo.) TYPE Of DEBTOR IX) Indlyldull I ) Corporltlon Publicly Held [ I Joint (Hulbond 'Ylfo) I I Corporltlon Not Publicly HIld I I Plrtnorshlp I I Hunlclpollty I I Othlr NATURE Of DEBT (X) Non.Sullnell/Conlumer [) Buslnell . Complete A'B below A. TYPE Of BU51NE5S (Chock ono) [ ) farming ( J Transportation ( ) Corrmodlty Broker I I Profeulonal I I Hlnullcturlng/ I I Construction [ I Retlll/llhol..ll. Hlnlng [ I ROil Esllte I I Rallrold I I Stockbroker I I Other Buslne.. B. BRIEfLY DE5CRIBE NATURE Of BU51NE5S CHAPTER OR 5ECTICH Of BANKRUPTCY CODE fOR PETITION IXI Chlpllr 7 I I Chsptlr 11 I I Chlptlr 13 I I Chlptlr 9 I I Chlptlr lZ I I 51C, 304 fiLING fEE ICheck one box) IXI filing foe Ittlchod I I filing flo to be paid In Instillments NAME AND ADDRE5S Of LAY flRH OR ATTORNEY Reager . Adler, P,C, 2331 Market Street Camp Bill, PA 17011-4642 (717 )763-1383 NAME(5) Of ATIORNEYIS) DESIGNATED 10 REPRESENT DEBTOR David W, Reager 20868 5TATISTICAL/ADHINI5TRATIVE INfORHATION (U.S.C. I 604) THIS SPACE fOR CooRT USE CHLY ( ) Debtor eltlmatel that funds will be Ivallable for dlltrlbutlon to unlecured cr~ftorl. 22 (x) Debtor eltlmotel that, after any e~empt property II eAcluded and a~lnls~rDtfve ex~nlll~. . )L~ ' paid, thore will be no funds IYIlllble lor dl~ butlon to HPt~,r1~4~tdltorl. it ~ ~I"'~:,~.,~ E5TlHATED WUIIBER Of CREDITOR5 .~ :::::N ". i~ 'lo..)f f-'1XJf1' 1.15 16.49 50,99 100'199 2 ...;. _OY~;.J I I IXI I I I I .. I I I _~"'" .. ESTIMATED ASSETS (In thousands of dollars) r .". '. Undor 50 50'99 100.499 SDO.999 10DO.\>999 10,OOO'99,ODO 100,OOO'oYor " ~ ~" . ~ ;. IXI I I I I I I I I I I I I Ii, .1 ~~ ~,., :.i E511HATED LIABILITIES (In 'houslnds 01 dllllrs) Undor SD 50'99 100'499 500,999 1000.\>999 \0,000'99,000 100,OOO'oYlr I I I I I I IXI I I I I I I EST. NO. Of EHPLOYEES . CH, 11 , 12 ONLY o \.19 20.99 100.999 1000'oyer I I [ I I I II II E5T. NO. Of EOUITY SECURITY HOLDERS. CH, 11 & \2 ONLY o 1'\9 20.99 100'499 500'oyer I I II I I I I II ",.t4i,.._c. r; '\,... 3'L/'h~ ' .~: ......:.-\.::. ',' , ,-'--- . '.., '-- "1 , "i L ' ,. . .....,.-.......1 (;" ~r.:-'.' ~...'. :- .....',. L.-S;f?- .." ,..t .... Ri:::_:.. j' ..>::i:;~;;[J Nov 13 Ii 54 PH 195 . ~Lf-,.nFF1(''' \, f .... p: ;'"....~ Il-Y CUf'~':'~'~ t.i.,J 'J,:'V'l" r l n ~t .~ 1\," .\ U'':. , \ REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2))1 MARKIT STRUT CAMP HIL~ PINNSYLVANIA 17011....2 717.76).1l81 TlLlfAX 717.710.71&& THIODORE A ADLER'+ DAVID W. REAGER DEBRA A. DENISON THOMAS O. WILLIAMS SUSAN H. CON FAIR REPLY TO: November 7, 1995 P.O. BOX 797 HARRISBURG, PA 11108.0791 MONICA D. ZERCHER legal Anlstant -A1io admitted to D.C. B.1r Lawrence E. Welker, Prothonotary Cumberland County Courthouse One Courthouse square Carlisle, PA 17013-3387 ReI vincent R. Corrao v. Joseph J. Curreri t/4/~/a Curreri Real Estate Dear Mr. Welker: Please be advised that Vincent R. Corrao, Plaintiff in the above-captioned case, has filed for protection under Chapter 7 of the United states Bankruptcy Code. I have attached a copy of the clocked-in bankruptcy Petition for your convenience. As you know, as a result of the filing of this Petition, all proceedings in the captioned case are stayed pursuant to section 362 of the Bankruptcy Code. If you have any questions regarding this matter, please do not hesitate to call me. ;iZ;jO , Thomas O. Williams TOW/kde Enclosure pc: Vincent Corrao (w/enc.) + Certlfl~d as a Civil Trial Specialist bV the National Board of Trial Advocacy, A Pl'nm.ylvanla Supreme Court Accredited Agency Z 22L 294 260 ~ Receipt for Certified Mall _ No Insurance Cover ago Providod m.-~=\ Do not ule for International Mail 1500 Revellol ! Di~trict Justice Ronald KI ir ~ 5~~'N~"York Street ~ 1'0 Sl",tc.nd!II'(.J<1.. Q Mechanicsbur PA ~ I'o'l.t<)f' $ ~ c.r",...,f.. If en SI)ltC...OtIU~'~ ... Z ~2L r?94 26L ~ Receipt for .AJr Certified Mall _ No Insurance Coyerage Provided .:aurt\'=' 00 not ule fOf Int8,"8tional Men s:2 ISee Reverae) :si: 5.,.110 ~ Vincent R. Corrao ~ Slr".I.tr>d ,,"0 22S W omin AVe. po. S'.l..f\d liP c~ Enola, PA 17025 PO".g.. Q Q CD ... ! ~ Sp<<'" ~ r... C""'1f'd r.. H""I(.IIOd()ooI...".~F_ R.'I"'Cl~ Otl""".~ rH "'''''lfn HKe'l.ll SI'IoW"".l 10 Vwhorr. 81 0.1. o.~...1 ~ , VIIICIIIlT R. CORRAO, Plaintiff I III TBJI COURT 01' COIOlOII l'LIIAS I CUMBIIRLUD COUllTY, l'ElflfSYLVUIA I I I 110. 95-4767 CIVIL TIIRN I I I I I v. JOSIIPB J. CURRIIRI, t/d/~/a CURRIIRI RIIAL IISTATII, Defendant NOTICE TO DEFEND 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 ~y 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 ~e 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 TAlE THIS PAPER TO YOUR LAWYER AT OIlCII. II' YOU DO IIOT HAVE A LAWYER OR CAlflfOT Al'I'ORD 00, GO TO OR TIILBPHOO TBJI OPPICE SET I'ORTH BELOW TO I'IHD OUT WBBRII YOU CAlI GET LEGAL BJlLP. Court Administrator 4th Floor Cumberland county Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 DAGER' ADLBR, P.C. Bya DAVID W. RBAGBR, BSQ. HOIIAS O. WILLIAKB, BSQ. Identification Nos. 20868 & 67987 2331 Market street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for plaintiff VINCENT R. CORRAO, plaintiff I IN THE COURT 01' CODON PLBAS I CUMBERLAND COUNTY, PBlIHSYLVPIA I I I NO. 95-4767 CIVIL TERM I I I v. JOSEPH J. CURRERI, t/d/~/a CURRERI REAL BSTATB, Defendant . . I COMPLA:IN'l' AND NOW, comes plaintiff, VINCENT R. CORRAO, by and through his attorneys, Reager & Adler, P.C., and states as follows. 1. plaintiff is VINCENT R. CORRAO (hereinafter "corrao"), an adult individual residing at 225 Wyoming Avenue, Enola, cumberland county, Pennsylvania 17025. 2. Defendant is JOSEPH J. CURRERI, t/d/~/a CURRERI REAL ESTATE (hereinafter "curreri"), an adult individual residing at 14 North Walnut street, Mechanicsburg, cumberland county , pennsylvania 17055. 3. At all times relevant to the instant action Plaintiff Corrao was engaged in the marketing of real estate as a real estate agent. 4. At all times relevant to the instant action, Defendant CUrreri was engaged in business as a real estate broker. 5. On or about September 8, 1994, Plaintiff Corrao and Defendant CUrreri entered into a written agreement by which plaintiff Corrao was to sell real estate at Crown pointe Townhomes, and in exchange, Defendant CUrreri was to pay to Plaintiff Corrao a commission of varying percentages of the sale price for each sale procured ~y Corrao. A true and correct copy of said contract is attached hereto as Exhibit A. 6. Plaintiff Corrao, in fact, did procure buyers for units at Crown pointe Townhomes. 7. Defendant Curreri, in fact, has paid commissions to Plaintiff Corrao pursuant to the aforementioned agreement for the sale of units N-l46, D-I09, X-157, M-134 and E-116. 8. On or about July 5, 1995, contract settlement was held on the sale of unit N-148 at Crown Pointe Townhomes. 9. Plaintiff Corrao was the efficient procuring cause of the aforementioned sale to Dale E. Baldwin. 10. unit N-148 was purchased by Dale E. Baldwin for $87,900.00. A true and correct copy of the relevant settlement form is attached hereto as Exhibit B. -2- 11. By virtue of procuring the purchaser for unit N-148, plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,758.00 (2' of $87,900.00). 12. Despite demand by Plaintiff Corrao for the $1,758.00 commission, Defendant Curreri has failed and refused to pay same. 13. On or about July l5, 1995, contract settlement was held on the sale of unit V-183 at Crown Pointe Townhomes. 14. Unit V-183 was purchased by Larry Whitehead for $65,900.00. 15. By virtue of having procured the purchaser for unit V- 183, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $329.50 (.5' of $65,900.00). 16. Despite demand by Plaintiff Corrao for the $329.50, Defendant Curreri has failed and refused to pay same. 17. On or about August 17, 1995, contract settlement was held on the sale of unit B-l65 at Crown pointe Townhomes. l8. Unit B-165 was purchased by Darlene Huntsberger for $78,340.00. 19. By virtue of having procured the purchaser for unit B- 165, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,566.80 (2' of $78,340.00). 20. Despite demand by Plaintiff Corrao for the $1,566.80 commission, Defendant CUrreri has failed and refused to pay same. -3- 21. On or about August 20, 1995, contract settlement was held on the sale of unit H-140 at Crown Point Townhomes. 22. unit M-140 was purchased by Andrew Abrams for $84,900.00. 23. By virtue of having procured the purchaser for unit M- 140, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $424.50 (.5% of $84,900.00). 24. Despite demand by Plaintiff Corrao for the $424.50 commission, Defendant Curreri has failed and refused to pay same. 25. On or about August 25, 1995, contract settlement was held on the sale of unit N-154 at Crown Pointe Townhomes. 26. Unit N-154 was purchased by Clare M. Heckert for $94,610.00. 27. By virtue of h~ving procured the purchaser for unit N- 154, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,892.20 (2% of $94,610.00). 28. Despite demand by Plaintiff Corrao for the $1,892.20 commission, Defendant Curreri has failed and refused to pay same. 29. On or about August 31, 1995, contract settlement was held on the sale of unit A-75 at Crown pointe Townhomes. 30. Unit A-75 was purchased by Noel and Beth Conway for $90,150.00. 31. By virtue of having procured the purchaser for unit A-75, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,803.00 (2% of $90,l50.00). -4- 32. Despite demand by Plaintiff Corrao for the $1,803.00 commission, Defendant curreri has failed and refused to pay same. 33. On or about August 31, 1995, contract settlement was held on the sale of unit L-122 at Crown pointe Townhomes. 34. Unit L-122 was purchased by Robin M. Lee for $85,625.00. 35. By virtue of having procured the purchaser for unit L- 122, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,712.50 (2% of $85,625.00). 36. Despite demand by Plaintiff Corrao for the $1,7l2.50 commission, Defendant Curreri has failed and refused to pay same. 37. On or about August 31, 1995, contract settlement was held on the sale of unit A-71 at Crown Pointe Townhomes. 38. unit A-7l was purchased by Bryan and Ann Haberstroh for $88,275.00. 39. By virtue of having procured the purchaser for unit A-71, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,765.00 (2% of $88,275.00). 40. Despite demand by Plaintiff Corrao for the $1,765.00 commission, Defendant Curreri has failed and refused to pay same. 41. On or about september 15, 1995, contract settlement was held on the sale of unit V-187 at Crown Pointe Townhomes. 42. unit V-187 was purchased by Jason Osborne and Brandi Hall for $66,100.00. -5- 43. By virtue of having procured the purchaser for unit v- 187, plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,322.00 (2% of $66,100.00). 44. Despite demand by Plaintiff Corrao for the $1,322.00 commission, Defendant Curreri has failed and refused to pay same. 45. On or about september 15, 1995, contract settlement was held on the sale of unit H-132 at Crown pointe Townhomes. 46. Unit M-132 was purchased by Jennifer Lee for $85,525.00. 47. By virtue of having procured the purchaser for unit H- 132, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,710.50 (2% of $85,525.00). 48. Despite demand by Plaintiff Corrao for the $l, 710. 50 commission, Defendant CUrreri has failed and refused to pay same. 49. On or about September l5, 1995, contract settlement was held on the sale of unit N-150 at Crown pointe Townhomes. 50. Unit N-~50 was purchased by Tom Zilligan for $90,675.00. 5l. By virtue of having procured the purchaser for unit N- 150, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $453.37 (.5% of $90,675.00). 52. Despite demand by Plaintiff Corrao for the $453.37 commission, Defendant Curreri has failed and refused to pay same. 53. Plaintiff Corrao was the efficient procuring cause of all of the aforementioned sales of units at Crown pointe Townhomes. -6- 54. Defendant Curreri's failure and refusal to pay Plaintiff Corrao the aforementioned commissions constitutes a ~reach of contract. 55. plaintiff Corrao has performed all conditions precedent for the bringing of this action. WHBRBI'ORB, Plaintiff, Vincent R. corrao, respectfully requests this Honorable Court to enter judgment in his favor and against Defendant, Joseph J. Curreri, in the amount of $14,737.37, plus interest and the cost of this action, inclUding costs incurred at the District Justice level. RE~PECTFULLY SUBMITTED, REAGER & By: 1/ Date: 9~.:1/9S DAVID W. REAGE , ESQUIRE THOMAS O. WILL MS, ESQUIRE -7- " '-' '" TUB CURRBIU REAL ESTATE COHPAR'f 130 Crown pointe Drive York, PA 17402 (717) 840-0666 FAX 840-0886 Joseph J. Curreri, Jr. Michael J. Rayburn Vincent R. Corrao Peter Curreri 1890-1949 Joseph J. Curreri, Sr. 1918-1984 st. Thomas , USVI McLaughlin, Arquin, Curreri Lisa s. Currnri John P. Curreri Inactive TO: FROM: SUBJECT I DATE: vincent R. Corrao Jay Curreri Commission Septembor B, 1994 Following is an outline of your commission schedule for sales at Crown Pointe Townhomes. In-House Sales Co-Broker Sales 2.0% .5% In the case of Splits as follows with Jay Curreri with Mike Rayburn 1.5% .75% ESTABLISHED 1919 1 c:N'OTE: 'Thll lo,m ,I. lurnlshod 10 01". )'OU III Ilalom,nl 01 lIIclual nUl,man, co:ls. ^m~unll paid 10 and by Ihl i .lOiU,mrnl Jlgonl"a.te IhDWQ, IIlms m,,' '.(p.D.C.r WO" paid OUl:ildC,lhc 'losing; Ihay :a .own '\ ~o'o 10,lnI0,m.llonol pu'p.,o, .nd .,. I ,\eludad In IhalOIaI., lj D, HAM. AND AOO'''$$ OF DonnOWl": ,Oa1,'~. Da1dw~n! ~ b: ~A~' AND .D~~m'DF ~~lL~A:' Copitol V1o_ ..0001.... ;;. .,.. ..1 ..~,..~~.~Ai{b~P:g;.~!1 o~ ~iHD.A: I.. N~t~~n.i~ S:i.~.r~ ,.c;ctV.O.J'f ~ n;~ ~:, . I,' . ".,'...... . 35" ac.lnVlt.on: AeI luU.. 100 . if . , ,'tvlk.A 17.02 ;': jl,D.Ilf~p'RrY "-1'" c:C'o""'" '.lnto~OK'llu ;... lOCATIO"': Spt'ln9.\.tlb"rr Town.hip 1'-" , .. '. . . 1 . Yg~k~ c;o~u,!~Y. H.unLiM'H~;'D'HT;, 0 : ': '._ .'!\-1'IIDlTlUIcr. .~."""IITES lNC, PLACE 0' SnrLEMSNT,'.:' . '., ' CRaw" 'OINTS, : ',' , . . ' 10M ,^' . lIH,l : ~ " .,TTl'M'Nf OA1E: 0"01191 tiN. IUMMAn' 0,. GOAnO " h "11'" "D1I 101. C.,."..I .a'.' ,,1.. ,c,. P.'..'1~I"O'O'I' 10:1. ,"u......,,, "".'1" 10 bOI'''.'; (I,,,,,'i'l"~OO}" =>>,76S.U .0.. .0.. 101. ..,',:.' .,1 '..~'.; .... ~05:~'~...';~: i: "I"',' .' .,' ....-. . ,~DJu"..r."TI run iffY. 'Ala I' I.LUR IN ADV",.CII ADJUSUUiHTI Fon iteMS PAID DY la~LlA I" ADYAUCC, IOG.Ci1l'I."nlalll'.. ,-' to" I 4l)'.CIl,ne"".a.,. ,\0 10',C,""I,..... 10 .D7.C.""I'..... I' IO..A...~'.;;....u .. :.!,'ti . ".DD','.- A"...ni'hli. ~ 11,11 I "1/ 10'. ".~ _ ........ /1/ J Y V' "0. ,: . .. :.' '. ~!&';'." . . 4io~..' '.,~ I.:.... . 111, ,=^IINCT U~'!(II!.C " 7.ZS..00 '11" ."!\~~~~ UPGMOC I' ,,' r ,..,.:,.... ..... .11....., . . n.. cnO.IANQUNTOUI 410. QAOSSAMOUHf J:AOM IOn"OWERI 12,3'0.13 DUI! 10 lC'lleRI IDD "NDUNT"PA.1 .0 IN:'."A ,-: r 10RnowrAi"'''.'1: '~.'t!! IClO IUDlJcTloHalH'Auout.lr OU!'0IElll!" 201. a....It.r ."nll''''''''' . . 00 SOl. E.n.. d.,o.ll (..,IIt'"I1C';""} 20J.P,ln"pal"'-."'11 01 n,. "anll) IS.. aDD. DO '01. S"",""nl ell.,... I. .....",.,.0 (.orn 203. Emling loanltllaUft ."Dlotlle Sa:l.I..I.'tnll.,nltlll~" ,"b).cll' .. 20.4:Lt"OER.-C~WJT'. 1~OS8~.:J :0<1. p"..,.rnrll lu,lIg_.. 1..':- . .~.;,~ lOS., 10S. ,.,Ollol..contl ...."'.'.loAII JOI. '1' 501;.... 101. ,I : . 10!. . 2DI. , ;' .: 10..: ~, I . JOt, SO,. IoO.lUI'...lH,C FoR nfMS \I"PAID IT IILL5AI . AD""ITMGNTI FOR In...' UNP41D D't SELL!R. . 210. Cilr/town.wDI I. SIO.Chrllow" ~,'IS ,. 211.Co\lnllluu &ct. SII.'COIInlllaau ' 10: Ill. A...umon'. 10 512. Au....m."" I. J:I~. 1. .' ...,.. . '", : .: 01' '. Sl~.... '....... :.', 1 ZU. 'I'. .au. .' .1. '. s,i/: .. 211. '". ZI'. ". ..: M '. S"'. . ZI~ IlL 21' . ',,,. , , 'I.... . ~ .. '. ~ ~ SI' '. ..'::.' I UI. TOTAL PAID all'OR no.TOtAL RIOUCYlOHI DOAADW[h: Os. IU..') I AMOUNT DUll Ar 110. CASH M"Sn.TUUIIH1'.PRD .0 IORROWEn.,:",'';' ~. ~,\:,:.P .pCl.~.cA:' ;o\T Sen;LEMIiKT10lFRON IUI.E "t.c....._.ll...".e.....'..1I ("'. 120} 92. 9.1 "I.c,......................,("'-410} IOI.U" .,...,,"1 ,.".,,,.. .."...,. tlilt"IG}.', C. .,; UI.431 ..'.h..............II. "'..;..;,;..,.... .-..~. '",'.JlO} I CtlON 01,900..00 IUM . OSS' MaU ..DI.e...lraellal.. ,,~. .02. PlNunlll "Otoll, '0.1. f "ANIA ION iI .i..~t':Io,~':':: ~ , R'. ....~...,.. ....t';..:;',f fI"'" ''J,'OO.uo 725.00 88,&21.00 'r '\0.. ~. 4.IOS..3 ,11.1&5.00 .:i .:. " 77,0'0.03 ~~\'h1j,'~ ." ....a5. 17.070..3' . 'U, CASH( 1UI F/lOAIJIO ro/ DOnnOWtn, 2,1H.70 .U,CASII,@ rOil OF/lOAl/SClLER. 11, "..S7 '"'1.''' &till." It 0.....1. I"''' I 1 . ,. ."tllI'II'1 ro... ,... '1\"'1 .'''leMU', n. ....__ ._........... ....U..... ........1lo4 ..1.....'_..." _...... ~...I....""I.. ........... w..- .......... ........... ......... .._ a-........ _.......... ~. ..-.. .......... ,....,........_.... ......._,.. 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C...........fI'.... _.unl....". D-"7IlOI~A'G'FOl:C(J".~" '~ ThE CURRERI 'II RERL ESTRTe CDKPRNY " a,an_GO DOI:~lTIi"s'''A AWlI'INCOH"rOYIQNW ffUJ U" I . !A- 101, U,,,.i.In..IIMI., J 10 ",UoRd: CUr' l1artoaoo ",. ~"Il.I".W1" 1.16'... HI~lon~l Chr Hortvagl 'OJ. A,,,,,.,,,,,. I.: "~tJgin.l Cl~r. til;lrtg.O. fOe, en""'''I''; ".tl~1111 CU,)" "O.tt910. .... ...ftll"......'ut6HI.. "anqnll Chr' ~artQ~QcL. .... Metl.... .."t..... .,,.oc....,. '" II MI.. ..."..-...... .... FLOOO CERTIFICRTION I.'. ,.1, 0'0.00 1.000.U ('OC) ('OCI 2U.00 ".00 SO.OO , . ".' H.tiD~.~ ~l\r ~ortQ.9. ,'OCl 21.00 . ; . ~ '00" I;V auul 11 .,11. ..0 ",. II\I""IIt.,.. 07/05/'5 .. 'n. 1l,I....,I.I'..W~.. ,,,..... I" I.,), 11....."'.VfM......~..' "4. ,IH<I!-....,.",,..,.,.,., I 'AID 'WA:D A ell . 9.,01/U p ~..I' .,fI." .fI." . ,.,,, 3,..u , ;lI"~~BlORVUOe'OSIYEO'Wlt 'iHDr~ .' r.~ for 1101. tln......."'.tK. MfIMl"O': , lOll. ....11..."'."'..... 1 ..."....0. 35."0000 Ion. ca.,,,.,..t,..... A ",;'",..i .16_610000 ""'. C...,.l, """1, I..., 5 '!*"~.. 8. J,JpOl?O I"~. """,..........'''UI ..,.",,0' ..... '..,......",. III"'''''CP' ..." ~ClloaL TAX .121,..:.....01 ls,.09.QOOO, '~'1. Me'''cRTc 'OiYlTHr.1\L.. 11 M - blDr, mnECttA'flOe'DI,\f''Iw,r.s,;..tW4 ~'d,~ .:l'l~" . ,,,"',"'" "'.!^," ,.,,*,,,,, ,.,.."th "'""nth ,.,..Mdt . .. ,.,1MIftUt H.H OJ.3' 4l.U 900.00 ,,-., I.UIe......., ~~.IAI'"" Iln. ulll'''.,..II....tdt.. IIOJ. .... ...'1.".....".. '.... 1Ilf."'.flItI..IIU......,.. II.'. O'CMl.ft~''''...lion.. , IIOt. Nel.,"...... " I'OJ, A....".,..,..... pIKa... ....~ ._. iii"',!':. . "01. ',"..'INMf'~' . .,: :.~.::J ~DITMc:1; .:'~f9.CtATISMIHCh.. ~u."""_#Il...."t ",.'. I ..... , . .;,. 1101. l.....'....,....,. I lS-reOD.OO ..11,0_,..,..,..,,,.... ': .7.'00.00 .', "'ll".~, , ,".. END. JOO 100 CONDO R-I RBSTRACT AUOCI.TU INC. "". SELLER OlSTfllDUTION SEL~EfI wiLL HOT r~{', . \: ,!c:"tE~ ,W^LLA~~ ""0 H,,!R~CIt '. f' (PaC) .t:JDUiQOVI "M["T rCORDI Qi'AfJ 'TnA IIFEA'CH An'&U, 120.. Pec....,."II...IIJ.... 27.90 :),1.,.,_,.. . 45.00 1101. Cllf'~"" ..., '1"""'; 0..., ':rI'. ..." I.., 'lUI,. D,.., '10.. "teO"D COHPLETlon IU:COAD~~ or 1~' TR^HS'~P T~X Aleft~b llnOll~AbUrTIOHAL".IT1Lt"INnCfl"nQ"E1 '.''''.t. ',' .. .~~, 1~'I. s..,,,.,.. . 1)01. ,..I"",,~~ II I~OJ. 1301. ;A.I....., 15.50 ;M.!".,.. '. :.......,.. DttfJS 10 ~ ',. . 1"~. "01. 1'00, tOTAL Slnl.IIlUIIlNT CtiA"cn ,En,,,.It IIiI. ,D.1. S,~Ii.,. Jot"""", SO,. S.c-lI,"It} .....,......'lu...........W.I..MI.._ 1.11._....... Ia. ."...., "'-_.,. ............. ....,..........,_...I..................II.......-fUl..I....I...........rfll...ff'UO.I.~.. k" / ...._.,:1.1 ~.~}.tr,>{. 0.1.; .,/,"// .....t Dal. c. '.ld~Lnn (. , . . 1...._..: .1.11.1..""........,.........."..11I...._ . ),,<;-- a.le, ".'1 D.I.; ,,..'IUD.' l..u.,..".II,I.""""...""", I h... ".'''..I....~ .". .nVlAI. UllMIftl ,'U1I. "."..chlt, 111.&" u....,,, ill ......IMe. .i... dIi. '~I."'''I. 0.111 ......I"IMI.....: -."..IMG......_ II "-""t "'M I.... t1..._..... "'II ""'" 'III.. ..........., ,.."..-..".... ,..,......... .....,.. ..... ",,,,,,,,,,,,:"1. It''a,r......''...UIl..'........tlll. == - en c-..IJ .... ....' V> =-. ~. W~,~~l "'>>41;r- ~oCo:l~' ..... r 0;<- o".wz-' , ';,'...c>- .....,; ,..,In :.,.:....i ".L .1.,hJZ ,~. ' 'v ,': :x t"_ => ~<.> :c- a.... ...., "', ("17. , ~'\ II!~~~ ~~~B8 .~I~~ !~a~~ . , _Mlt" ADI""''''''UI'''' nlll QHf'II<<), o:JA\owl'lIWO"tnil-Tl'f . . .f:\wpS1\u...\jo\toe\rc.\curr.r1.an. VINCENT R. CORRAO, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4767 CIVIL TERM v. JOSEPH J. CURRERI, T/D/B/A THE CURRERI REAL ESTATE COMPANY Defendant DEFENDANT'S ANSWER, NEW MATTER AND COUNTERCLAIM AND NOW comes the Defendant, Joseph J. Curreri, trading as The Curreri Real Estate Company, by and through his attorneys, Saidis, Guido, Shuff and Masland, and respectfully answers the Plaintiff's Complaint as follows: 1. Admitted. 2. Denied. The name of Defendant is Joseph J. Curreri, Jr. t/d/b/a The Curreri Real Estate Company, which has its principal place of business at 14 North Walnut Street, Mechanicsburg, Cumberland county, Pennsylvania. 3. Denied. It is specifically denied that plaintiff was engaged in the marketing of real estate as a real estate agent. To the contrary, plaintiff was not a "real estate agent" as that term is conunonly understood in the real estate industry. Rather, plaintiff was engaged to support the sales services being rendered by Defendant to Capitol View Associates, and in achieving sales to potential buyers generated through Defendant's marketing efforts. plaintiff breached his contract with Defendant on or about June 12, 1995 when he informed Defendant that he was becoming a broker for 1 . '" Capitol View Associates independent of Defendant. 4. Admitted. 5. Denied. It is specifically denied that on or about September 8, 1994, Plaintiff and Defendant entered into a written agreement by which Plaintiff was to sell real estate at Crown pointe Townhomes, and in exchange Defendant was to pay Plaintiff a commission. To the contrary, on or about September 8, 1994, Defendant retained Plaintiff to provide sales assistance at the Crown pointe Townhomes development. Under the agreement between Defendant and Plaintiff, Plaintiff was to support Defendant's sales efforts on behalf of Crown pointe Townhomes' owner, Capitol View Associates and to generally assist Defendant in developing his relationship with Capitol View Associates. Defendant agreed to compensate Plaintiff upon the sales of units at Crown pointe Townhomes in accordance with the memorandum attached to the Complaint as Exhibit "A". It is denied that the memorandum attached to the Complaint as Exhibit "A" constitutes the entire agreement between Plaintiff and Defendant. By way of further answer, the memorandum attached to Plaintiff's Complaint as Exhibit "A" speaks for itself. 6. Denied. It is specifically denied that Plaintiff procured buyers for units at Crown Pointe Townhomes. To the contrary, Defendant was the efficient and procuring cause of all of the sales at Crown pointe Townhomes mentioned in Plaintiff's Complaint. 7. Admitted in part and denied in part. It is admitted that 2 . . Defendant Curreri paid commissions to Plaintiff in connection with the sale of Units N-146, 0-109, X-1S7, M-134 and E-1l6. It is admitted that the commissions were paid pursuant to the scheduled contained in the memorandum attached to the Complaint as Exhibit "A". It is denied that the memorandum constituted the entire agreement between the parties. 8. Admitted. 9. Denied. It is specifically denied that Plaintiff was the efficient procuring cause of the sale to Dale E. Baldwin. To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale to Dale E. Baldwin. 10. Admitted. II. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit N-148, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,758.00 (2% of $87,900.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit N-148. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. 12. Admitted. 13. Admitted. Settlement occurred on July 24, 1995. 14. Admitted. 15. Denied. It is specifically denied that, by virtue of 3 . procuring the purchaser for Unit V-183, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $329.50 ( .5\ of $65,900.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit V-183. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. 16. Admitted. 17. Admitted. However, by way of further answer the unit sold was actually "B-65". 18. Admitted. However, by way uf further answer the unit sold was actually "8-65". 19. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit 8-165, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,566.80 (2\ of $78,340.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit 8-165. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. By way of further answer, the unit sold was actually "8-65". 20. Admitted. 4 . 21. Admitted. However, by way of further answer settlement occurred on July 25, 1995. 22. Admitted. 23. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit M-140, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $424.50 ( .5% of $84,900.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit M-140. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. However, by way of further answer the Unit sold was actually "B-65". 24. Admitted. 25. Admitted. However, by way of further answer settlement occurred on July 25, 1995. 26. Admitted. 27. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit N-154, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,892.20 (2% of $94,610.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit N-154. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter 5 . '. and counterclaim set forth below are incorporated herein as if fully set forth. 28. Admitted. 29. Admitted. 30. Admitted. 31. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit A-75, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,803.00 (2% of $90,150.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit A-75. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. 32. Admitted 33. Admitted. However, by way of further answer settlement occurred on September 6, 1995. 34. Admitted. 35. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit L-122, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,712.50 (2% of $85,625.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit L-122. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from 6 Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. 36. Admitted. 37. Admitted. However, by way of further answer settlement occurred on August 8, 1995. 38. Admitted. 39. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit A-71, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,765.00 (2% of $88,275.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit A-71. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. By way of further answer, even if Plaintiff had earned a commission for this sale the commission payable would have been 1.5%, since this was a "split". 40. Admitted. 41. Admitted. Settlement occurred on September 22, 1995. 42. Admitted. However, buyers name was "Brandi Hull". 43. Denied. It is specifically denied that, by virtue of procuring the purchaser for unit V-187, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,322.00 (2% of $66,100.00). To the contrary, The Curreri Real 7 Estate Company was the efficient and procuring cause of the sale of Unit V-187. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. By way of further answer, even if the Plaintiff had earned a commission for this sale the commission payable would have been 1.5', since this was a "split". 44. Admitted. 45. Admitted 46. Admitted 47. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit M-132, Plaintiff Corrao earned, and is therefore entitled to, a commission in the amount of $1,710.50 (2% of $85,525.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit M-132. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. 48. Admitted. 49. Admitted. Settlement occurred on September 29, 1995. 50. Admitted. 51. Denied. It is specifically denied that, by virtue of procuring the purchaser for Unit N-150, Plaintiff Corrao earned, 8 . and is therefore entitled to, a commission in the amount of $453.37 (.5% of $90,675.00). To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sale of Unit N-150. Further, Plaintiff Corrao breached his agreement with Defendant, and is therefore not entitled to any compensation from Defendant following his breach. The averments of the new matter and counterclaim set forth below are incorporated herein as if fully set forth. 52. Admitted. 53. Denied. It is specifically denied that Plaintiff was the efficient procuring cause of all of the aforementioned sales of units at Crown pointe Townhomes. To the contrary, The Curreri Real Estate Company was the efficient and procuring cause of the sales of all units at Crown Pointe Townhomes. 54. Denied. It is specifically denied that Defendant Curreri's failure and refusal to pay Plaintiff Corrao the aforementioned commissions constitutes a breach of contract. To the contrary, Plaintiff Corrao breached his contract with Defendant and is not entitled to the payment of any compensation after his breach. The averments contained in the new matter and counterclaim set forth below, are incorporated herein by reference as though fully set forth. 55. Denied. It is specifically denied that Plaintiff Corrao has performed all conditions precedent to the bringing of this action. To the contrary, Plaintiff Corrao has breached his contract with Defendant, and therefore is not entitled to any 9 further compensation under his contract. The averments contained in the new matter and counterclaim set forth below, are incorporated herein by reference as though fully set forth. WHEREFORE, the Defendant prays that judgment be entered in favor of Defendant. NIW MATTER 56. Defendant incorporates by reference the allegations contained in paragraphs 1 through 55 as though set forth at length. 57. Plaintiff was engaged by Defendant as a sales associate to assist Defendant in the performance of Defendant's obligations under Defendant's exclusive listing agreement with the owner of the Crown Pointe Townhomes, Capitol View Associates, and under potential future exclusive listing agreements between Defendant and Capitol View Associates and its affiliates, and to further the interests of Defendant. 58. Defendant did the entire marketing of the Crown pointe development, including designing and placing advertising for the development with newspapers, radio and other media; designing and implementing direct mail sales campaigns; designing the on-site eignage; staffing and equipping the sales office, preparing brochures; and maintaining the model homes at the development. 59. Unlike a typical broker-agent relationship, Defendant paid all of Plaintiff's expenses, including errors and omissions insurance coverage, the cost of marketing brochures, and support 10 staff. Plaintiff was engaged primarily to service business developed by Defendant. 60. Defendant was the efficient and procuring cause of all of the sales at Crown pointe Townhomes mentioned in Plaintiff's Complaint. 61. Plaintiff breached his contract with Defendant by acting to the detriment of Defendant's interests by the following: (a) Plaintiff did not act in good faith towards Defendant, but instead acted contrary to the interests of Defendant. (b) Contrary to the interests of Defendant, Plaintiff disparaged the quality of Defendant's services to Capitol View Associates' and represented to Capitol View Associates that Plaintiff could do a better job for them than Defendant. (c) Contrary to the interests of Defendant, Plaintiff entered into negotiations with Capitol View Associates and entertained offers to become their broker independent of the Defendant, at either Crown pointe or Timber .Chase upon Capitol View Associates' termination of Defendant. (d) Contrary to the interests of Defendant, Plaintiff induced Capitol View Associates to terminate its contract with Defendant by offering to perform brokerage services directly to Capitol View Associates independent of Defendant for a lower commission than Capitol View Associates was paying to Defendant under the Crown pointe Agreement. II (e) Contrary to the interests of Defendant, Plaintiff entered into a direct broker relationship with Capitol View Associates, independent of Defendant. WHEREFORE, the Defendant prays that judgment be entered in favor of Defendant. COUNTERCLAIM 62. Defendant incorporates by reference the allegations contained in paragraphs I through 61 as though set forth at length. 63. On July 9, 1993, Defendant and Capitol View Associates, a real estate development firm, entered into an Agreement whereby Defendant had the exclusive right to sell condominium townhouses located in Capitol View Associates' Crown pointe Development situate in Springettsbury Township, York County (the "Crown pointe Agreement" ). A true and correct copy of the Crown pointe Agreement is attached hereto as Exhibit "A" and made a part hereof. 64. Under the terms of the Crown pointe Agreement, Defendant was given the exclusive right to sell the 167 units to be built within the Crown pointe Development by Capitol View Associates. 65. The Crown pointe Agreement, by its terms, was to be effective as of July 9, 1993, and remain effective until all units were sold or until the parties mutually agreed that the Crown pointe Agreement would be terminated. 66. By the terms of the Crown pointe Agreement, Capitol View 1\scociatcc agreed to pay to Defendant five percent (5%) of the 12 gross selling price of each unit, to be paid on the date of closing of each unit. 67. In reliance upon Capitol View Associates' representations that it intended to retain Defendant as exclusive listing agent for Capitol View Associates' additional residential real estate projects, in September 1994, Defendant retained Plaintiff to assist in the sales at the Crown pointe development, and for future Capitol View Associates' projects. 68. After Defendant retained Plaintiff, Defendant trained Plaintiff in the special requirements and business methods of The Curreri Real Estate Company and Capitol View Associates. 69. In early 1995 Capitol View Associates informed Defendant that it had acquired a new site in Hampden Township, Cumberland County, and expected to acquire the property in May 1995 and commence development of a new residential development. 70. On May 7, 1995, Capitol View Associates acquired the Hampden Township site, to be called "Timber Chase". 71. On May 9, 1995, Defendant and Capitol View Associates met to discuss the marketing of Timber Chase. At this meeting, Michael Lau, Partner of Capitol View Associates, agreed to retain Defendant as exclusive listing agent to market Timber Chase. At such time all essential points of the agreement were agreed to, including compensation (the "Timber Chase Agreement"). 72. In June 1995, Plaintiff informed Defendant that he was going to terminate his relationship with Defendant and become employed directly by Capitol View Associates independent of 13 Defendant. 73. On June 21, 1995, Defendant met with Michael Lau and Jeffrey Billman of Capitol View Associates. At this meeting, Mr. Lau informed Defendant that Defendant would be offered the exclusive listing agreement at the Timber Chase project and Plaintiff would take over as exclusive listing agent at Crown Pointe, independent of the Curreri Real Estate Company. 74. On June 21, 1995, Michael Lau presented Defendant with a proposed written exclusive listing agreement for Timber Chase, and an interim written contract for Crown pointe for the period July 1995 through September 1995. 75. On June 29, 1995, Defendant met with Michael Lau, at which time Defendant was told that he was being terminated by Capitol View Associates as exclusive listing agent at the Crown Pointe Development and Timber Chase. 76. On June 29, 1995, Capitol View Associates sent Defendant a notice of termination, a copy of which is attached hereto as Exhibit "B" and incorporated herein. COURT I INTERFERENCE WITH CONTRACTUAL RELATIONS 77. Defendant incorporates by reference the allegations contained in paragraphs I through 76 as though set forth at length. 78. At the same time Plaintiff was working for Defendant, Plaintiff acting without privilege or license, wrongfully interfered with Defendant's existing relationship with Capitol View 14 . Associates by inducing or otherwise causing Capitol View Associates to terminate it Crown pointe Agreement with Defendant. 79. At the same time Plaintiff was working for Defendant, Plaintiff acted intentionally, knowingly and without justification for the purpose of inducing or causing Capitol View Associates to breach the Crown pointe Agreement with Defendant. The actions of Plaintiff include but are not limited to the following: (a) Plaintiff did not act in good faith towards Defendant, but instead acted contrary to the interests of Defendant. (b) Contrary to the interests of Defendant, Plaintiff disparaged the quality of Defendant. s services to Capitol View Associates' and represented to Capitol View Associates that Plaintiff could do a better job for them than Defendant. (C) Contrary to the interests of Defendant, Plaintiff entered into negotiations with Capitol View Associates and entertained offers to become their broker independent of the Defendant, at either Crown pointe or Timber Chase upon Capitol View Associates' termination of Defendant. (d) Contrary to the interests of Defendant, Plaintiff induced Capitol View Associates to terminate its contract with Defendant by offering to perform brokerage services directly to Capitol View Associates independent of Defendant for a lower commission than Capitol View Associates was paying to Defendant under the Crown pointe Agreement. 15 . (el Contrary to the interests of Defendant, Plaintiff entered into a direct broker relationship with Capitol View Associates, independent of Defendant. 80. Defendant has suffered damages as a result of Plaintiff's actions, including but not limited to the loss of the opportunity to earn sales commissions on the sale of the remaining 119 units at Crown Pointe, plus the bonuses provided for under the Crown pointe Agreement. WHEREFORE, Defendant demands judgment against Plaintiff in an amount in excess of $25,000.00, together with interest and costs, and such other relief as the Court deems appropriate. COURT II INTERFERENCE WITH CONTRACTUAL RELATIONS 81. Defendant incorporates by reference the allegations contained in paragraphs I through 80 as though set forth at length. 82. At the same time Plaintiff was working for Defendant, Plaintiff acting without privilege or license wrongfully interfered with Defendant's existing relationship with Capitol View Associates by inducing or otherwise causing Capitol View Associates to terminate its Timber Chase Agreement with Defendant. 83. At the same time Plaintiff was working for Defendant, Plaintiff acted intentionally, knowingly and without justification for the purpose of inducing or causing Capitol View Associates to breach the Timber Chase Agreement with Defendant. The actions of Plaintiff include but are not limited to the following: 16 . (a) Plaintiff did not act in good faith towards Defendant, but instead acted contrary to the interests of Defendant. (b) Contrary to the interests of Defendant, Plaintiff disparaged the quality of Defendant's services to Capitol View Associates' and represented to Capitol View Associates that Plaintiff could do a better job for them than Defendant. (c) Contrary to the interests of Defendant, Plaintiff entered into negotiations with Capitol View Associates and entertained offers to become their broker independent of the Defendant, at either Crown Pointe or Timber Chase upon Capitol View Associates' termination of Defendant. (d) Contrary to the interests of Defendant, Plaintiff induced Capitol View Associates to terminate its contract with Defendant by offering to perform brokerage services directly to Capitol View Associates independent of Defendant for a lower commission than Capitol View Associates was to pay Defendant under the Timber Chase Agreement. (e) Contrary to the interests of Defendant, Plaintiff entered into a direct broker relationship with Capitol View Associates, independent of Defendant. 84. Defendant has suffered damages as a result of Plaintiff's actions, including but not limited to the loss of the opportunity to earn sales commissions on the sale of the 85 units at Timber Chase, plus annual bonuses provided for in the Timber Chase 17 ,?C> AGREEMENT THIS AGREEMENT entered into this q 1Jt day of July, 1993, by and between CAPITOL VIEW ASSOCIATES, P. O. Box 1457, Harrisburg, Pennsylvania 17105, hereinafter known as "Owner" and THE CURRERI REAL ESTATE COMPANY, 905 Skyview Drive, York, Pennsylvania 17402, hereinafter known as "Agent". WITNESSETH The OWner and Agent wish to enter into an agreement whereby the Agent will have the exclusive right to sell Crown pointe Townhouses located on the Souths ide of Greensprings Drive, Springettsbury Township, York County, Pennsylvania, containing 167 units to be built within the project site by the OWner. The terms of this agreement shall be effective as of the date hereof and shall remain effective until all units are sold or until the parties mutually agree that said agreement shall be terminated. NOW, THEREFORE, in consideration of the mutual covenants herein contained and intending to be legally bound hereby the parties agree as follows: 1. OWner agrees to engage the Agent as exclusive sales agent and pay Agent a sales commission of five.percent (5%) of the gross selling price of each unit, to be paid on the date of closing of each unit. 2. Agent agrees to develop a marketing plan and an original marketing budget for the 167 units. It is anticipated that the total time to sale and settle all units will be approximately 3 1/2 years from opening of model and sales office. The marketing budget shall include all proposed costs for the sales office, advertising, signage, brochures, utility costs, staffing costs and all other costs required to market the project. The Agent shall provide the OWner an annual marketing budget projected on a monthly basis. The marketing plan and budget shall also provide estimated monthly sales and closings. The Agent shall review the marketing plan and budget with the OWner each quarter and make necessary revisions to reflect market conditions required to accomplish the original marketing goals. The original marketing plan and budget. and each annual marketing plan and budget shall be subject to the approval of the Owner. The OWner shall also have input and approve any reconunended revisions to the marketing plan and budget. The Owner shall advance on the Agent's behalf the approved budge!: expenditures for actual costs incurred except the li\\'b. \ "/\" licensed sales associate's commissions and Agent's commission override. The OWner shall be reimbursed marketing advances on a pro rata basis as each unit is sold. The amount of the reimbursement shall be determined quarterly and adjusted accordingly. The agreed to marketing reimbursement shall be deducted from the Agent's sales commissions payable at the closing of each unit. 3. Agent agrees to hold all deposits and hand money in escrow pursuant to applicable laws and regulations. Any interest earned shall be divided evenly between OWner and Agent. In the event of a default by a purchaser and the forfeiture of monies held in deposit by Agent, the forfeited monies shall be divided equally between OWnsr and Agent, but in no event shall the sum paid to Agent be in excess of the commission due Agent if no default had occurred. All deposits held by Agent for extras or other improvements in addition to the basic unit price shall be paid to OWner, the Agent shall not receive any sums for these items. 4. In return for receiving the above noted commissions the Agent will perform the following: (a) Associate from Noon staff the sales office with a licensed Sales from approximately 11:00 A.M. to 7:00 P.M. daily and to 5:00 P.M. on weekends. (b) (c) expenses. Train, supervise, direct and motivate site staff. Assist in establishing guidelines for budget and (d) Assist with developing of budgets, brochures and ad concepts for the marketing of the project. (e) Secure deposit and hand money checks. (f) Prepare deposit and Agreement of Sale contracts. (g) Assist buyers in processing mortgage applications. (h) Coordinate buyer move-ins. (i) Attend closings. ( j) The Agent shall not have the duty to do the following: ( i) ( ii) (iii) Manage the Crown Pointe Homeowners Association. Collect monthly maintenance fees. Perform bookkeeping duties for the Crown Pointe's Homeowners Association. -2- ( iv) Warranty complaints. 5. The Agent agrees to cooperate with other licensed real estate brokers and salesmen in the marketing of the units. The Agent agrees to pay from Agent's sales commission the cost of co- brokerage with other licensed agents in the maximum amount of two and one-half percent (2~\) of the sales price of the unit. Agent agrees that all co-brokers shall be offered the two and one-half percent (2~\) commission to help stimulate sales and increase sales activity. 6. The agent agrees the five percent (5\) sales commission shall cover the cost of the following expenditures to be either incurred and paid for by OWner or Agentl (a) All salaries for properly manning and staffing the sales and marketing office. (b) All operating costs for the sales and marketing office, including utilities, cleaning, office machines, office supplies, etc. OWner agrees to pay real estate taxes, hazard and liability insurance and the interest cost on the construction loan. (c) All newspaper, radio and other public media advertising, bill boards, directional signs, site signs, sales displays, brochures, stationery, etc., necessary to market the project. 7. The Owner shall have the right to approve all marketing and sales material including, but not limited to newspaper, radio and other public media advertising, billboards, directional signs, site signs, sales displays, brochures, stationery, etc., necessary to market the project. 8. The OWner agrees to pay the cost for the model furniture and Agent agrees to pay the cost of the sales office furniture which cost shall be advanced by OWner on Agent's behalf as a marketing expenditure. 9. Owner and Agent agree that in the event Jay Curreri purchases a unit from OWner no commission shall be payable to Agent. A reduction of $2,000/unit will be given to Curreri. Any extras or options purchased by Curreri shall be OWner's cost. As consideration for the reduction in purchase price Curreri agrees to permit his unit to be viewed by potential buyers during normal sales office hours. -3- 10. OWner and Agent agree that the initial base sales price for the units shall be as follows: Unit Tvee Basement Sales Price Garage Sales Price A B C D $77,900 79,900 82,900 72,900 $81,900 82,900 85,900 75,900 Agent agrees that the Owner has the right to adjust the sales price at Owner's sole discretion. 11. Agent and OWner agree that OWner has the sole right to accept or reject any sales agreement presented by Agent. Agent agrees that sales agreements are not binding contracts until accepted by OWner. 12. addition marketing OWner agrees to pay Agent an incentive commission in to the sales commission if Agent is successful in the units according to the following schedule: 14 28 48 63 72 82 100 112 124 136 150 167 Date March 30, 1994 June 30, 1994 September 30, 1994 December 30, 1994 March 30, 1995 June 30, 1995 September 30, 1995 December 30, 1995 March 30, 1996 June 30, 1996 September 30, 1996 December 30, 1996 Minimum Units Settled Owner and Agent agrees to review annually the minimum units settled and possibly adjust the required settlements to reflect economic and market' conditions. If Agent is successful in meeting the agreed to schedule for actual units settled on a cumulative basis, OWner will pay Agent an incentive commission of $1,SOO per calendar quarter up to a maximum incentive commission of $18,000. 13. Agent agrees to provide owner with weekly marketing and administrative reports in sufficient detail as required by owner. Agent and owner agree to meet weekly, or more frequently if required, to review the marketing and administrative reports to keep open communications as to the status of the marketing, sales, status of home buyer financings, and construction activities to facilitate the coordination of unit closings. -4- . OUarter Qt,.. '4 atr. " Qtr. .1 Qtr. IZ Qtr. n at,.. .. at,.. .1 at,., .2 Qtr. .2 CrOMn potnt. Townhou". SALla INClNTIV! Data Sal.. cloolngo Sep-n 4 OCt-n 3 NoV-n 3 .___._ ..___ _ _.D~.!;:13 4 4 Jen-14 5 3 Feb-" 5 3 ....___.._._..___M.r..... __._ ......__ no..___ .._ Qtr. n Apr-14 a 5 Hoy-14 a 5 ._.... __.___Ju",,-94.__ _...8_ ____.__4.0___.. QU. u JU1-14 a a Aug-14 5 8 _.______ _.. ._ .sep,94..... _4_____ __ .8_..__ ._..... at,.. I. OCt-I. 3 e Nov-94 3 5 Dec-94 3. _ ._ .._ 4.._.. __ Jon-IS 3 3 Feb-95 3 3 Mar-15 _...___~_..___ 3 Apr-IS a 3 Noy-IS a 3 Jun,1S ... _a 4. JU1-1S 4 a Aug-IS 4 a .hR:.IlJL_. 4 a OCt-IS 4 4 Nov-IS 4 4 Dec-IS 4 4 Jon-DB 4 4 Feb-Ia 3 4 H.r..~e_ 5 .. Apr-DB 5 4 Hey-18 5 3 Jun-DB 4 5 --------Otr. ..i---jut....e .. , Aug-Ia 4 5 .__.._ _ _.__S~p.:I.L__.___--L 4 Qtr. U OCt-DB 3 4 Nov-DB 2 4 Dec-18 1 3 '-'--ot.::-ioi-'--ja,;:.ti--"- 3 Feb-97 2 Ner-17 I Apr-n May-n Jun-n Tot.' 187 187 .c=::=.:== ==a==:uu:== Required Cloelnge ~---- C1oatng. ----1 Period AccuoulAted lonua .4 4 4 _1.0._ .._ _._10___... __.14 ____h500. _'___ 14 ____.._ 14____ _____..2'_____.._ ._.J_,.~9.Q__.. _0 . ..n 20. ... ____ .. 20 48 . 1,500.. . _. !5_ 15 a3 1,500 ..L.. _.....___..!...-..__ .... .....7~.._--11500..._.._.._ ... .10 10 ,. -. .a2 .1.500 ..... la 18 100 t~~_.__._ 1Z. 12 112 1.5.00 12 12 124 1,500 __-1.L____._.)2.. ._..131 .. ._ _ .! ,59!l___.. 14 __.___._..!!,_.. ..._I~.L_____..~~__. 11 1..!..____.._1~.1 1,500 8 8 187 187 187 'Ia.ooo c=:::_.:.. ..===11..== ......==== VERIFICATION I verify that the statements made in the foregoing pleading are and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:(fk I. If, /9r;C; I , , v. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4767 CIVIL TERM VINCENT R. CORRAO, Plaintiff JOSEPH J. CURRERI, T/D/B/A THE CURRERI REAL ESTATE COMPANY Defendant CBRTIFICATB OF SBRVICB AND NOW, this 18th day of October 1995, I, Timothy M. Anstine, Esquire, of the firm of Saidis, Guido, Shuff & Masland, attorney for Defendant, Joseph J. Curreri, t/d/b/a The Curreri Real Estate Company, hereby certify that I this day served Defendant's Answer, New Matter and Counterclaim by United States Regular Mail, postage prepaid, to the following address: David W. Reager, Esquire Thomas O. Williams, Esquire REAGER AND ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 Respectfully submitted, SAIDIS, GUIDO, SHUFF , MAS LAND By: , Timothy M. Anstine, Esquire Supreme Court rD #44879 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Defendant lJ') en - :r.= ""'" ,.., VI c::n ~:.~ \.};: '..~ ~:~>'. .'.' ..: ,,;.,;".,,\ <'Xl 1 ~. - <.> = Z 00'-: Q <> rol..:l < Z ..:l>< ll-l ..... ~ :s P.OO ll-l Illrol s:: Z ." .....E-< nI ~:E: ... ZZ:E: ~ 0< 'C rolH ~ !ii~~ o roll>: s:: .....E-< s:: Z~ ~P.~ ." E-<OO QJ nI rol ll-l ~U [j ~~~<~ 0 ~ ...-i . QJ 1>:1>: U><..:l OP. ~:;i! 0 !i!~ ~ ~~!ii~;!i E-<H ~ . r..Z> III rol~ OOZ It OO::Cl1Jr::- O~H > Z~ OU ~ <0 o QIllOP.;:: E-<U U U ~ -dx5;U- I>: r-- UH 00 :s ;:;;l . . tIl Z ~O\D . I>: - 0 t.:lp,.~-O OZr-- I>: ~~:: E-<Z ..,..I::c U<.... ~< ~ NI>:p,. ..:ll E-< rn < roll>:U'l Z :<:~~ 01>: - U :<:rolO'l rol P.U Zrol Q .E-< III U ffirol~ rolE-< - :E: . Z r..E-< -< z~o H 0:<:0 ~H'! /-lUZ > I")E-<U rn J' . . w ... . ,~ v. I IN THE COURT OJ' CODON PLEAS I CUMBERLAND COUNTY, PBNNSYLVANIA I I I NO. 95-4767 CIVIL TBRM I I I I VINCBNT R. CORRAO, plaintiff JOSBl'R J. CURRERI, t/4/~/a CURRERI REAL ESTATE, Defen4ant . . IMPORTANT NOTICE TO: JOSEPH J. CURRERI, t/d/b/a CURRERI REAL ESTATE DATE OF NOTICE: October 16, 1995 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. By: THOMAS o. WILLIAMS, ESQUIRE I.D. No. 67987 2331 Market Street Camp Hill, PA 1701l-4642 (717) 763-1383 au '1.u'.~fQ,O~ .-,n ." WI" lIte.cuo (i) '. Z II"? ..3D D?? ...--. Receipt for ""'" Certified Mall \.HllO 1I.,1t No Insuronco Covorago Provided P'OI1Ai."~' 00 not use for Intornational Mall ROBERT C SAIDIS ESQ SAIDIS GUIDO SHUFF & MASLAND 2109 MARKET ST CAMP HILL PA 17011 95-231.1 Z II"? ..3D D?1o ...--. Receipt for - ""'" Certified Mall No lnsuranco Coverago Provldod .:',':..o.:=.:, Do nol usa tor International Moil JOSEPH J CURRERI CURRERI REAL ESTATE 14 NORTH WALNUT ST MECHANICSBURG PA 17055 95-231.1 '. ~ PosbQe ~ K: $ 0.32 CertltltdFee 1.1 Spr..i31 OeIMlry fee 'i' : j r~,. RatMCtlld DelIVery Ij/'"\ - \' ,-,'.:\ Return Receipt Sho;rlng l.l to Whom and Dale Delivered / RelUm ReuiPI Showing to Whom. ~ Date. and Addressee', Address . TOTAL Posboe $ 2.52 I u'" . .... ,. ... I ~- ~ K: $ 0.32 CertrtiedFee 1.10 SpeciaJOehvtfYfee Reslncted 1nI1Vt1ry ~ \, Return Receipt ShowInQ \., 10 Whom and Oal. Delivered " ~i .10 Rllum Receipl Showing 10 Whom. ~ Date, and AddltSset'sAddms ~ l~:-- $ 2.52 I 10/16/9'5"