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Murrysville realtor target of lawsuit

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By Richard Gazarik
Friday, July 26, 2013, 10:00 p.m.
 

A Pittsburgh law firm that once represented a Murrysville-based real estate investment firm is suing its former client for more than $400,000 in fees and seeks to stop them from selling their assets because of fears the owners may move to Brazil, according to a lawsuit.

Zimmer Kunz sued Penny Foreclosures, All City Construction, All City Construction of Indiana, Steel City Management and owners Carlos and Wendy DeOliveira of Murrysville in Westmoreland County this week for breach of contract and unjust enrichment for work the firm performed while representing the companies from 2008 through 2012. The suit states the companies are based in the DeOliveiras' Bella Estates home in Murrysville.

The DeOliveiras said they were unaware of the filing.

“We have our house up for sale to pay them,” said Wendy DeOliveira. “We paid them over $500,000. That's why we have no money left.”

Attorneys for Zimmer Kunz are asking a judge for a detailed accounting of the firms' assets and to secure their claim against property the DeOliveiras own in Westmoreland, according to the action.

Penny Foreclosures purchased homes in Arnold, Monessen, Rostraver, Jeannette and Youngwood, according to court records. The company owns other properties throughout Southwestern Pennsylvania, including the City of Pittsburgh.

Zimmer Kunz said in the lawsuit that Carlos DeOliveira is from Brazil and fears he may return there after the couple disposes of their properties.

“I have no problem paying what we owe them,” said Carlos DeOliveira. “I have no interest in going to Brazil.”

The action seeks to block the sale of the DeOliveiras' home. Coldwell Banker lists the house for $735,000, according to its website.

The DeOliveiras have been embroiled in lawsuits in Allegheny County and in federal court, according to court records.

In 2008, two investors from Colorado sued them in federal court for breach of contract, unjust enrichment and unfair trade practices after they purchased rental properties, sight unseen, from the Oliveiras through a third party in McKeesport, Turtle Creek, New Kensington, Arnold, Pitcairn and Monessen, according to the lawsuit.

The properties were pitched to the buyers as ideal for Section 8 rentals and ready for immediate occupancy, the lawsuit states.

When the investors failed to receive rental checks, they traveled to Southwestern Pennsylvania to see the houses and discovered they were in such poor condition that the “only solution” was to demolish them, according to the suit, which was dismissed in 2010.

Richard Gazarik is a staff writer for Trib Total Media. He can be reached at 724-830-6292 or at rgazarik@tribweb.com.

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