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IN THE DISTRICT COURT OF LINCOLN COUNTY, WYOMING
THIRD JUDICIAL DISTRICT
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)Civil Actien Ne.: CU ',200?-(S'$'-J)C
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PNK INVESTMENTS, LLC.,
Plaintiffs,
STEPHANIE M. LOMELLI,
Defendant.
COMPLAINT
PNK Investments, LLC, fer its Cemplaint against Stephanie M. Lemelli,
states the fellewing:
1. Plaintiff, PNK Investments, LLC (semetimes referred to. herein as
"PNK") is an Idaho. limited liability cempany registered to. de business in
Wyeming, with its principal effice in Alpine, Wyeming.
2. Defendant, Stephanie M. Lemelli, ("Lemelli") is a resident ef
Linceln Co.unty, Wyeming. Lemelli is a licensed real estate agent in Wyeming
and was the ewner ef Advantag~ Realty ef Wyeming, LLC, a real estate
cempany lecated in Alpine, Wyeming.
3. On April 3, 2007 PNK, as buyer, and Lemelli, as seller, entered
into. a written agreement ("the Agreement") pursuant to. which Lemelli seld,
and PNK purchased, Lemelli's interest in Advantage Realty ef Wyeming, LLC.
4. The purchase price fer Lemelli's interest was $55,000.00. The
purchase price was paid in full by PNK transferring to. Lemelli its title and
interest in Let 122 ef Star Valley Ranch Plat 18, Linceln Ceunty, Wyeming
("the Star Valley Ranch let").
PNK Complaint
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RECEIVED 7/18/2007 at 4:30 PM
RECEIVING # 931388
BOOK: 666 PAGE: 183
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER, WY
5. The Agreement states that Lomelli is to transfer to PNK her
interest in the Remax real estate franchise in Alpine, Wyoming. Although
PNK transferred to Lomeli; the title to the Star Valley Ranch lot, Lomelli has
refused to transfer to Plaintiff her interest in the Remax franchise, and now
Remax International has refused to approve the franchise transfer because of
Lomelli's actions.
6. Lomellihas also misappropriated the website owned by
Advantage Realty of Wyoming, LLC, which was to be transferred pursuant to
the Agreement. In anticipation of the transfer of Lomelli's interest in the real
estate company, Plaintiff spent thousands of dollars in advertising in the
yellow pages of the various telephone directories in northwest Wyoming.
Each of the large display ads prominently mentions the website. In violation
of the Agreement, Lomelli refused to transfer ownership of the domain name
of the website to Plaintiff. Lomelli has restructured the website in violation of
the Agreement so that when someone types in the website address in the
yellow pages advertisement it refers them to Century 21, where Lomelli is
now employed, and which is a direct competitor of the business that Lomelli
sold to Plaintiff.
WHEREFORE, Plaintiff requests that the District Court enter the
following relief:
(i) Award damages to Plainfiff for a breach of cont~act in a sum to
be proven at trial.
(ii) Enjoin Defendant from transferring title to the Star Valley Ranch
lot until this lawsuit is resolved.
(iii) An Order compelling Defendant to transfer the website to
Plaintiff.
PNK Complaint
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(iv) Such other and further relief as the court deems just and
appropriate.
J(;J.f( .
DATED this ~ day of July, 2007.
Ken eth S. Cohen
C en Law Office P.C.
125 E. Pearl Street
P. O. Box 2467
Jackson, WY 83001
(307) 733-4946
Attorney for Plaintiff
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PNK Complaint
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