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Home My WebLink About07-2958 WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. South St. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 HARVEY GOVAN 2253 Logan St. Harrisburg, PA 17110 Vs. MARC SCHOEN 616 Erford Rd. Camp Hill, PA 17011 and SAFE AUTO INS. CO. 4328 E. Fifth Ave. Columbus, OH 43219 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 07~dR58 Civil Term SIR: Please issue a Writ of Summons against Marc Schoen and Safe Auto Ins. Co. with the Affidavit of William A. Addams attached. William A. Addams, Esquire Attorney for Plaintiff 43 W. South St., Carlisle, PA 17013 717-243-7638 To: Curt Long, Prothonotary: DATE: May 14, 2007 TO MARC SCHOEN 616 Erford Rd. Camp Hill, PA 17011 and SAFE AUTO INS. CO. 4328 E. Fifth Ave. Columbus, OH 43219 WRIT OF SUMMONS In accordance with the above Praecipe, you are hereby notified that Harvey Govan has commenced an action against you. Date: May 2007 S D urt Long, Prothon ary WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. South St. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 Vs. In the Court of Common Pleas of Cumberland County, Pennsylvania MARC SCHOEN and SAFE AUTO INS. CO. No• - Civil Term COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND ) AND NOW, comes William A. Addams who deposes and says that he makes this affidavit pursuant to PA R.C.P. 229.1 regarding failure to deliver settlement funds. That he represents Harvey Govan in a action filed December 13, 2005, in Magisterial District 12-2-04 in Dauphin County for automobile property damage and rental expense of $2,258.46 against Marc Schoen. That after a delay in serving Mr. Schoen and appearances entered for him by Edelstein, Brascetta & Steinberg, LLP, with the letter of June 21, 2006, attached as Exhibit A. That Jesse M. Cohen, an attorney with the firm, stated in various conversations that Safe Auto Ins. Co. had retained the firm to defend Mr. Schoen, but they were denying coverage to him based on a policy exclusion, but nevertheless they wanted to settle the claim, and would attempt to obtain a contribution from Mr. Schoen. That the undersigned accepted an offer of $1,629.23 as stated in Exhibit B, the letter of August 22, 2006, from Attorney Cohen enclosing a release. That the undersigned promptly advised the MDJ that the hearing scheduled for August 30, could be cancelled because the case was settled. That on September 5, 2006, Exhibit C, the properly signed release in favor of Marc Schoen and Safe Auto Ins. Co., was mailed to Attorney Cohen. That the undersigned wrote to Attorney Cohen on November 20, 2006, to inquire about the settlement check. That Mr. Cohen called on November 27, 2006, stating there was a problem getting a contribution from Mr. Schoen, and that he would talk to Safe Auto. That there was no further contact until the undersigned received Exhibit D, the letter from Attorney Edelstein of December 20, 2006, with Exhibit E, the check from Safe Auto Ins. Co. in the amount of $1,129.23, which has not been cashed. That the undersigned sent a letter to Atty. Cohen on January 23, 2007, regarding the incorrect amount on the check to which there was no response. That on April 13, 2007, the undersigned sent Exhibit F to Attorney Edelstein. There has been no response to this letter except a call from his secretary, who said she would look into this and would call back. That the undersigned, in accordance with PA R.C.P. 229.1 requests that Your Honorable Court issue an Order directing the defendants, jointly and severally, to promptly pay the settlement funds of $1,629. 23 as stated on the release plus interest of $35.35 from September 26, 2006, (the twenty-first day) to December 31, 2006 and at the rate of 9.25% thereafter, and attorney fees of $630 plus costs incurred in collection efforts and preparation of this Affidavit. ~~~ William A. Ad ams Attorney for Plaintiff Sworn to and subscribed Before e this /~ `'~ day of May, 2007. Notary Notarial Seal Anne M. Cox, Notary Public Carlise Borough, Cumberland Cous;iy Mr CommiNion Expires June 3, 2009 ~D~I~s~~IN ~rascetta ~y-{ Stein erg, LLp ATTOR\El'S AhD COU~SELOP.S AT LAn' JAY L. EDELSTEIN• 230 S BROAD STREET KEVI)\ B. STEI\BERG' . GARY j. BRASCETTA' SUITE 9OO LOUIS j. DeLUCCA, ]R.' JESSE rl. corlEN• PHILADELPHIA, PA 19102 CHRISTOPHER A. FR,\NZWI' (215) 893-9311 FAX (215) 89 3-9310 ' AtEA1BER OF PA E+NI DAR t ~1 ]L.E `=EdelSteuLaw.com NErIDL-R OF PA BAR June 21, 2006 (VIA FAX (717) 233-3547 AND FIRST CLASS MAIL) The Honorable Robert Jennings, IlI 1805 N. Cameron Street Hamsburg, PA 17103 OF COU\SEL H.LROLD DIADIOND" OUR FILE N0:230.038 RE: HARVEY GOVAN vs. MARC SCHOEN COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN DOCKET NO.: CV-0000065-06/HEARING: 06/28/06 AT 10:00 A.M. Dear Judge Jennings: Please be advised this office has been retained to represent the Defendant regarding the above-captioned matter. There is a Hearing listed for June 28, 2006 at 10:00 a.m., however, we do not have a copy of the Complaint nor did we get a chance to speak with our client regarding the accident. Therefore, we would respectfully request that Your Honor grant this office a continuance regarding same. We spoke to Plaintiffs counsel and he has no objection to the continuance. A copy of the Notice is enclosed for your convenience. We await Your Honor's decision. Thank you for your time and courtesy. Respectfully, JAY L. EDELSTEIN JLE/mam Enclosure /~' cc: William Adams, Esquire (Via Fax (717) 243-8955 and First Class Mail)V Mark K. Emery, Esquire (Via Fax (717) 238-9883 and First Class Mail) Marc Schoen (First Class Mail) EXHIBIT A EDELSTEIN ~ra scetta ~y-< Ste i n erg , L L P .1TTORNE)'S ~\D COUNSELORS AT LA\C' JA1' L. L-llELSTEi:~" KE\~N B. STEI\BERG' 23O S. BROAD STREET GARY J. BRASCETTA' LOUIS J. DeLUCCA, )R.' SL)ITE 9OO JESSE *I. coHEN• PHILADELPHIA PA 19102 CHRISTOPHER A. FRAN2INI' , (215) 893-9311 FAX- (215) 893-9310 • . n.>nsr_R cn- rn e NJ u:\R 115?1 BL=R OF P.i I3nR JLE@Edelsteinlaw com August 22, 2006 VF COUNSEL H.IROLD D1AI~SOND° OUR FILE N0: 230,038 William Adams, Esquire ', 27 West High Street Carlisle, PA-17013 RE: HARVEY .GOVAN vs.1VIARC SCHOEN COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN .DOCKET NO'.: CV-0400065-06 Dear Mr. Adams: Enclosed please find a. release in the amount of $1.629.23 indicating full and final settlement of the above matter. Please have your client execute the same and return it to me as soon as possible. I will have the drafts issued as soon as I receive the signed release. JC Encl. EDELSTEIN, BRASCETTA & STEINBERG, LLP BY: JESSE M. COHEN, ESQUIRE 230 S. BROAD ST. SUITE 900 PHILADELPHIA, PA 19I 02 (215) 89 X11 FILE .230.038 HAR ~ COMMONWEALTH OF PENNSYLVANIA 2253 Loan. Street COUNTY OF DAUPHIN Harrisburg, PA 17110 DOCKET NO.: GV-0000065-06 vs. MARC SC1-IC`EN ' 616 Erford Road Camp Hill, PA 17011-1124 RELEASE KNOW ALL MEN BY THESE PRESENTS, that the Undersigned do(es) hereby acknowledge receipt of ONE THOUSAND SIX HUNDRED AND TWENTY NINE DOLLARS AND TWENTY THREE CENTS ($1,629.23) which amount has been accepted in fiill compromise, settlement, and satisfaction. of, and as sole consideration for the final release and discharge of all actions, claims and demands, whatsoever, that now exist, or might hereafter accrue, against MARC SCHOEN and SAFE AUTO INSURANCE COMPAI~IY and any other person, corporation, association or partnership, which might be charged with responsibilities for injuries to the person or property, or both, of the Undersigned, and the consequences flowing therefrom, resulting, or to result, or which might result from an accident, casualty or event which occurred on oi• about JULY 4, 2005 and which gave rise to a lawsuit filed in the Dauphin County Court of Common Pleas, and captioned as, HARVEY GOVAN vs. MARC SCHOEN, No. CV-0000065-06, for which the Undersigned claims the said persons or parties are legally liable in damages: but which legal liability and damages have been disputed and denied, and; The Undersigned Warrants that no promises or inducement has ?~een offered except as herein set forth; that this Release is executed without reliance upon any statement or representation by the person or parties released, or their representatives or physicians, concerning the nature and extent of the injuries and/or damages and/or Iegal liability therefore; that the Undersigned is of legal age, legally competent to execute this Release and accepts full responsibility therefore, and: The Undersigned Agrees, as a fiirther consideration and inducement for this compromise settlement, that IT IS A FULL AND FINAL RELEASE of all claims and shall apply to all KNOWN AND UNKNOWN INJURIES AND PROPERTY DA VIAGE and anticipated and unanticipated injuries and damages resulting or to result, or which might result from said accident, casualty or event, as well as to those now known or disclosed. EXHIBIT C The Undersigned further agree to indemnify and save, MARC SCHOEN and SAFE AUTO INSURANCE COMPANY, and any other person, corporations, affiliate corporations, successor corporations, parent corporations, subsidiaries and/or related corporations; associations or partnerships from all liability, damages, costs and expenses of every kind and nature, including but not limited all liens for medical expenses, medical bills, and/or lost wages arising out of any in}uries and/or damages allegedly sustained by the undersigned. The Undersigned further understands and agrees that this Release, settlement and the any payments made thereto is not to be construed as an admission of liability; rather, this is acknowledged to be a settlement of a disputed claim and this settlement represents the parties attempt to buy their peace. IN WITNESS WHEREOF, the Undersigned has hereunto set their .hands and seals this ~~a day of ~~~ ~~ , 2006. WE HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT. WITNESS: C~EICO a/s/o .%" HARVEY G HARVEY GOVAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAL1pH-IN ss. On this day of , in the year 2006, before me personally came to me known and known to me to be the person who is described in and who executed the foregoing Instrument and acknowledged to me that he/she/they executed the same. NOTARY PUBLIC (seal) ~~iZ/~-~ J.A1' L. EllELSiEi\• 14=1~?~ B: STEINBERG' GARY J. BRASCi7I'A' LOL7S J. D~LL!CCA, JR.' , C}1RISTOPHER A. FRANZ]NI' ' D]EAIBER OF PA C+ Nj BAR AIEDiHER OF PA B~V2 ~D~I~sT~IN ~rascetta ~ Stein erg, LLP ATiORNF.7'8 AND COUNSCLORS AT LAS 230. S. BROAD STREET SUITE 900 PHILADELPHIA, PA 19102 (215) 893-9311 F77AT~X~//1~(21175t) 89113-9310 /... t:Eclels4einla~v.com OF COL?NSEL j-L~Ri~Lll DIADiOND" OUR FILE N0:230.038 December ~20, 2006 William Adams; Esquire 27 West High Street Carlisle, PA 17013 RE: HARVEY GOVAN vs. MARC SCI3;OEN .COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN DOCKET NO,: CV-0000065-06 Dear IVIr. Adams: .. Enclosed please find the settlement check in the amount of $1,129.23 in full and final settlement of the -above matter. I apologize for the delay. Kindly forward atime-stamped copy of the Order to Settle at your earliest convenience: JLE/pw Enclosure ,' w r W W i ^: r O w .D r LJ'I r w a~ EXHIBIT E William A. Addams Attorney at Law 57 W. Pomfret St. P.O. BOX 261 Carlisle, Pennsylvania 17013-0261 (717) 243-7638 Fax: (717)243-8955 waddamsC~earthlink.net April 13, 2007 Jay L. Edelstein, Esquire Edelstein, Brascetta & Steinberg, LLP 230 S. Broad St., Suite 900 Phila., PA 19102 Re: Govan v. Schoen D/L: 7/4/05 No. CV 65-06 Our File No. 7205 Dear Mr. Edelstein: Would you please obtain a new settlement check in the correct amount of $1,629.23 to replace the insufficient check that you sent with your letter of December 20, 2006. Please have the check to us by May 7, 2007, so we do not have to resort to the sanctions available in accordance with Pa. R.C.P. 229.1, which could get really expensive for Safe Auto. Thank you for your cooperation. Sincerely, William A. Addams WAA: a ^ EXHIBIT F WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. South St. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 Vs. In e Court of Common Pleas of Cumberland County, Pennsylvania MARC SCHOEN and No. - Civil Term SAFE AUTO INS. CO. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this the day of May, 2007, true copies of the Praecipe and Writ of Summons with Affidavit attached were delivered to the Sheriff of Cumberland County for service on the defendants, and in addition, sent to: MARC SCHOEN 616 Erford Rd. Camp Hill, PA 17011 and SAFE AUTO INS. CO. 4328 E. Fifth Ave. Columbus, OH 43219 ~/' William A. A darns Attorney for Plaintiff 43 W. South St., P.O. Box 261 Carlisle, PA 17013 717-243-7638 r-.a .~ - ,_~ ~ ~ - ~ ~ ~' t~ p Q Su n' O C ~ .~ D p ~ ,- _.. '~; _ ~ -~ '~ a~ i - ~C t ~ r.ft ~ WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. South St. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 HARVEY GOVAN Vs. MARC SCHOEN and SAFE AUTO INS. CO. In e Court of Common Pleas of Cumberland County, Pennsylvania No. -07-2958 Civil Term PRAECIPE SIR: Please mark this action settled and discontinued. ~~ William A. dams Attorney for Plaintiff To: Curt Long, Prothonotary Dated: June ! x,2007 c~ ~-- U.! ~ = Cr7 .: f. C1 - G- t ( LI7 J +`-'- ~~L 1-'c`- _ ~ i _ .. !L ~ r..._ .. n ° L ~ . ~ C;J N ~ -,~ ~~ ., --- `tf~~:~T.. ~..- ~~ .~.~~ {"~~ ...~ ...~ '.~ ~Ci r W ~ ~ ~ ~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE'' N0:-'2007-02958 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GOVAN HARVEY VS. SCHOEN MARC ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,SCHOEN MARC _, by United States Certified Mail postage prepaid, on the 24th day of May ,2007 at 1000:00 HOURS, at 900 7TH STREET __ SAN DIEGO, CA 90201 and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by RETURNED UNDELIVERABLE oo/oo/oooo . Additional Comments: Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 5.55 ~~ .00 10.00 So 21.5 5/ G/I q ~ 0 7 ~-.- Paid by WILLIAM~ADDAMS Sworn and Subscribed to before me this day of , a true Together _~ The returned on ~'ho`~~s Kline riff of Cumberland County on 06/13/2007 . A.D. SHERIFF'S RETURN - NOT FOUND CASE NO:~ 2007-02958 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GOVAN HARVEY VS SCHOEN MARL ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SCHOEN MARL but was unable to locate Him in his bailiwick. uT~Tm n~ ernurnanrTe He therefore returns the the within named DEFENDANT 16 ERFORD ROAD SCHOEN MARC NOT FOUND as to CAMP HILL, PA 17011 PER TENANT AT GIVEN ADDRESS, DEFENDANT LIVES AT 900 7TH STREET SAN DIEGO, CA 90201. Sheriff's Costs: Docketing 18.00 Service 14.40 Not Found 5.00 Surcharge 10.00 00 So answers : ,,,~ .~.,~~_-~ ---._ ,...~..---,~ _ ~,,_ ... R. Thomas Kline Sheriff of Cumberland County WILLIAM ADDAMS 06/13/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO:'2007-02958 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GOVAN HARVEY VS. SCHOEN MARL ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,SAFE AUTO INS CO _, by United States Certified Mail postage prepaid, on the 13th day of June ,2007 at 1000:00 HOURS, at 4328 E FIFTH AVENUE COLUMBUS, OH 43219 and attested copy of the attached WRIT OF SUMMONS with __ . a true Together . The returned receipt card was signed by STAMPED SAFE AUTO INSURANCE CO on 05/23/2007 . Additional Comments: Sheriff's Costs: So answ rs: - ..- .. Docketing 6.00 %~%~ -~~''~ Service 5.55 R.' Thomas Kline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 21.55 ~/ 4 J791°7 Paid by WILLIAM ADDAMS on 06/13/2007 . Sworn and Subscribed to before me this day of A.D. ^ Complete items 1, 2, and 3. Also complete ftem 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the maiipiece, or on the front ff space permits. 1. Ankle Addressed to: Serfs Auto Ins. Co. 28 E. Fifth AvQnup Columbus, OH 43219 B. Received by (Printed Name) I C. Date of Delivery e D, is delivery address different from item 17 ^ Yes If YES, enter delivery address below: ^ No 3. Service type .~Certifled MaU ^ Mali ^Registered ^_E~turnReceiptforMerchandlae ^ Insured Mail D C.O.D. 4. Restricted DBNveryl(Exbs Fee) O Yea 2 705 1820 X002 4619 X449 07-2958 civil Ps Form 3811, February 2004 Domestic Return Receipt 1o25sso2-M-15ea UNITED STATE~C.~`Q~TA~tI;~~~.; ~,.x~}••J .~i.a.};~,,; • Sender: Please print your nail, address, and ZIP+4 in this box • It. Thomas Kline, Sheriff County of Cumberland Court House Carlisle, P ~ 17013 t,~,ttl...rrf