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Home My WebLink About07-6143A COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 07 - tm I q3 (1j,14 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. n NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. NiAQ(1" ar? SbCZ ofA 0LSAp.,,fV.1 P Dq--1- 03 QiA&v-d S. DoUgLAerf-l •0• V X IV h FA- t -7 0 DATE OF JUDGMENT IN THE CASE OF (PAs Woof) (Dskadwo A 1141 o lu ire ; ?.. CVC; Q,? of S6rNV41AK 94 l: S o n * fi--e l _ OF C, V- 0o0c) le q--)-- NQk VX "tdCQ. This block will be signed ONLY when this notation is required under Pa. If appellant w CI . nt (see Pa. R.C.P.D.J. ZI action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUS D within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. so-ft- of Au imahryaDs" PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upoR-417-,r&, (Common Pleas No. appellee(s), to go a complaint in this appeal Name of aPW"(s) ` ) within twenty (20) days after service of rule or suffer entry of I Slgr?ahwa ofa dr agent RULE: To appellee(s) Name of appeNee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , 20 0 uyr wv v1 r.w 0'7 w A'VFMy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIk TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ; 2t) Signature ofaffrant Signature of official before whom affidavit was made Title of 000cal My commission expires on '20 .? C3 o Q r- . O ?= 7 7' _ 4 ` to ILI i z --+ » r` ilt) • COMMONWEALTH OF PENNSYLVANIA COUNTY OR CD"BB.LAND Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICEM S.. DOUGBERTY Address: 9 8 8 ENOLA DR STE 1 KOLA, PA Telephone: 717) 728-2805. 17025 NOTICE OF JUDGMENT/TRANSCRIPT (TRANSCRIPT CIVIL CAN PLAINTIFF: NAME and ADDRESS -1 NIGERIAN SOCIETY OF S . cmm-AL PA WWML CRIME P. 0. BOX 10 LEARRISB1DRG, PA 17108 J VS. DEFENDANT: NAME and ADDRESS rEADISSON CONVENTION CENTER 1150 CAKP BILL BY-PASS CAXp BILL, PA 17011 J L NIGERIAN SOCIETY OF S. C8N'r PA Docket No.: CV-0000189-07 RAPHUL CRIME Date Filed: 6/22/07 P.O. BOX 10 $AuRISBpRG, PA 17108 THIS IS TO NOTIFY YOU THAT: 9/19/07 POR DE1rDANT .. (Date of Judgment) Judgment - BADISSO>di CONVENTION CENTER ® Judgment was entered for: (Name) mGERim SOCIS7'7C OF S Judgment was entered against: (Name) • CE>o1TSAt+ ® in the amount of $ 0 Amount of Judgment $ .00 00 Defendants are jointly and severally liable. Judgment Costs Interest on Judgment $ ? Damages will be assessed on Date & Time Attorney Fees $ .00 ? This case dismissed without prejudice. Total Amount of Judgment Subject to Attachment/42 Pa.C.S. § $127 Post Judgment Credits Post Judgment Costs $ Portion of Judgment for physical damages arising out of Certified Judgment Total $ residential lease $ PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER CTHE OMMON EN7TRY OF JUC MEDIV BY FILIYGU NOTICE ANY OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT MUST INCLUDE A COPY OF THIS NOTION OF JUDGMENTITANSCRIPT FORM WITH YbUR HE RULES OF CIVIL PROCEDURE OR MAG STERIAIL D STRICT JUDGES, IF THE FURTHER ALL COMMO EXCEPT AS OTHERWISE PROVIDED I OURT PROC JUDGMENT HOLDER ELECTS ENTER THE AND NO URTH RCPROC SS MAY BEnISSUED BY THE MAG STER ALEDIS RICT JUDGE . MAY JUDGMENT COME FROM THE COURT F COMMON PL STED IN THE FILE UNLESS THE JUDGMENT IS ENTERED IN THE O THE MAGISTERIAL D STRICT JUDGE IF HEEJUDGMENT DEBTOR PAYS N FULL, A REQUEST FOR ENTRY OF SATISFACTION WITH SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Magisterial District Judge Date th oft e p edings containing the judgment. I certify that this is a true and co ect copy Magisterial District Judge Date 2012 SEAL , i _.._.___ c:..... nn..nrhv of IanuarV. In the Court of Common Pleas for the State of PA in and for Cumberland County. Nigerian Society of South Central Pennsylvania - Appellant Vs. Radisson Hotel and Convention Center - Appellee To the Sheriff of Cumberland County, you are commanded: To summon the above named Appellee so that with (20) days after service upon appellee, exclusive of the day of service, Appellee shall serve a copy of the answer upon Appellant, whose address is: Nigerian Society of South Central PA, P.O. Box 10, Harrisburg, PA 17108 To the above named Appellee: The original of your answer must be filed with the Clerk's Office of the Court of Common Pleas, Cumberland County. If you fail to serve a copy of your answer on Appellant named above within twenty (20) days after service upon you, exclusive of the day of service, the judgment may be entered by the Court. Date Appellee's Address: Radisson Hotel & Convention Center 1150 Camp Hill By-pass Camp-Hill, PA 17011 Clerk of Court In the Court of Common Pleas for the State of Pennsylvania, County of Cumberland Nigerian Society of South Central Pennsylvania Case No 617 - 1,14-1 t u v Plaintiff Pro Se Civil Complaint for Damages Vs (Negligence) Jury Trial Demanded Radisson Hotel & Convention Center Defendant Complaint Plaintiff complains and for causes of action alleges as follows: 1. Plaintiff is an organization duly registered in the City of Harrisburg, County of Dauphin and State of Pennsylvania. 2. Plaintiff is an association of professional Nigerian immigrants residing in South Central Pennsylvania. Defendant, Radisson Hotel & Convention Center is a Corporation, is now and at all times mentioned in this complaint, is a corporation} organized and existing under the laws of the State of Pennsylvania, with its primary place of business in Camp Hill in Cumberland County, Pennsylvania. Plaintiff sues this defendant for the following reasons: 1 On or about July 23, 2005, Plaintiff contracted with Defendant to host a fund raising campaign at the Defendant's hotel. 2. Plaintiff paid Defendant approximately $4,500.00 for rental of space, catering and safety services to the Defendant. 3. Plaintiff showed video slides to the attending guests during the fund raising ceremony. 4. Plaintiff did not own a projector, but borrowed the electronic projector used in the presentation from Harrisburg International House. 5. At about 11:00 PM, when the fund raising event concluded, Plaintiff packed up the projector and placed it near the Plaintiff's table. 6. The only people then present in the Hall were the Plaintiff, a few officers of the Nigerian Society and about sixteen (16) servers and/or clean-up crew members employed by the Defendant. 7. At approximately 30 minutes after the projector was packed up and left near the Plaintiffs table, it disappeared. 8. Plaintiff discovered the projector missing and reported the loss immediately to the night manager of the Defendant. 9. Plaintiff told the night manager that he believed that the servers and/or clean up crew of the Defendant had stolen the projector. 10. Defendant did nothing that night to recover the missing projector. 11. Plaintiff duly filed a missing projector report with the police a few days later. Plaintiff has since purchased another projector for the Harrisburg International House 12. Defendant owed a duty of. care to the Plaintiff. The Defendant breached that duty, and as a result, Plaintiff suffered a loss in the hands of Defendant's servers and/or clean-up crew in Defendant's Hotel. 13. Defendant, as owner and operator of the hotel, or as the case may be, negligently: a. Failed to maintain an honest serving and clean-up crew, including not providing Plaintiff a reasonable safe condition, b. Allowed dishonest servers and clean-up crew to come into contact with Plaintiff and remain on the floor of the hotel during the ceremony, when Defendant knew, or in the exercise of reasonable care, should have known that the servers and/or clean-up crew created an unreasonable risk of harm and loss to the Plaintiff and its guests. c. Failed to warn Plaintiff specifically of the danger presented by the presence of Defendant's servers and/or clean-up crew. d. Failed to install 24 hour surveillance cameras. e. Failed to otherwise exercise due care with respect to the matters alleged in this complaint. 14. As a further direct and proximate result of the negligence of Defendant as set forth above, Plaintiff sustained a loss in excess of $1,300.00-As a result of the actions of Defendant as set forth herein above, said Defendant has violated the implied covenant of good faith and fair dealing as implied in Pennsylvania law. 15. Plaintiff believes there is an inherent duty of care, safety and security that Defendant owed Plaintiff when it entered into a contract with Defendant to host a fund raising campaign in Defendant's facility. 1631he actions of Defendant as herein described in violation of said inherent duty and implied covenant of good faith and fair dealing have caused Plaintiff to suffer damages in excess of $10,000.00. WHEREFORE, Plaintiff demands judgment against Defendant in excess of $10,000.00, Court cost, and punitive damages in excess of $20,000.00, and any further relief that the Court considers proper. Plaintiffs: Raphael K. Chieke Emile Iberedem P.O. Box 10 Harrisburg, PA 17108 0 Date Telephone: 717-608-6224 In the Court of Common Pleas for the State of Pennsylvania, County of Cumberland Nigerian Society of South Central Pennsylvania, Plaintiff Case No Vs Radisson Hotel & Convention Center Defendant VERIFICATION I, Raphael K. Chieke, am a Plaintiff in the above-entitled action. I have read the foregoing Complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe to be true. I declare under penalty of perjury the foregoing is true and correct and that this declaration was executed in Harrisburg, Dauphin County, Pe);?;isylvania. Date it I a a Chieke C c { ,r / ..?. T 7 ? A . o c -+ (n CJ cN? 0 C ? ? ? Ary Q _ . CS i r t ---{ f 'y ' - o- r Lj 4,? Il PROF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service M ST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy Of the Notice of Appeal, Common Pleas upon the District Justice designated therein on 3 In 20 LXy personal service by (certified (registered) mail, (date of 'service) 1 1 sender' receipt attache hereto, and upon the appellee, (name) ONAAAJQ?t adt-iao n on "? 11, 1 a "? 20-0-?-- 9k by personal service by (certified) (registered) mail, sender's r!-ceiot attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS Q3--? DAY OF! (','C jZ9-t k 200. Signature of o iat before whom afrdarlt?ras made I MMONWEALTH OF PENNSYLVA A ?Ai P, I otarial Seal ..baugh Now El. bk rare of o/ficiat Lower Allen CumbaN* My commis i n Expires Dom 1191200 Member, Pennsyl ania Association of ROOM I G TH OF PENNSYLVANIA of l 9 COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q 7 ?", / ?/? I , r L ! ?' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. OF D.J. N ? rice SV 01 'S 41) e-,! S ..,?o u,5 der ADDRESS APPELLANT CITY STATE ZIP CODE • o a x k) p. -7/19 J-" DATE OF JUDGMENT IN THE CASE OF (PbWAN) ' --- -- o I 1NiC4(,(-,c,,, -c o Q o? i. rf ?t? c( S S m n +w t-e ! - This block will be v?1?' ?'--G? Signed L when this notation is required under Pa. If appellant wWCM(hW (see Pa. R.C.P.D.J. No action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a Distrid Justice, A COMPLAINT MUS ILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SignNuti of PtoMon Wy or D@ply I PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upo i appellee(s), to file a complaint in this. appeal Name of appeMee(s) ?(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment , Slgnsturo of a?dragsr?t RULE: TO ? e• , app(s) ri Name Of appetlee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: '()115 , 20Q Slgnem d Prafonotaq or Deptity YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY District Court 09-1-03 RICHARD S. DOUGHERTY 98 South Enola Drive, S site 1 Magisterial District Judge Enola, PA 17025 ?I September 19, 2007 RE: NIOiRIAN SOCIETY of SOUTH CEN'TR.AL.PENNSYLVANIA Plai tiff VS. ISSON HOTEL & CONVENTION CENTER Docket No: CV-0000189-07, Filed on 06/22/2007 HEARING HELD ON 18" of SEPTEMBER, 2007 at 9:30AM Raphael K. CHIEKE representing the plaintiff Stephen L. BANKO, Jr., Esq. representing the defendant SUMMARY OF FACTS Tel. (717) 728-2805 Fax (717) 728-2808 The plaintiff and defendant enter into a written contract (banquet event order) whereby the defendant would supply food, beverage, and room in the convention center for an event hosted by the plaintiff. The event occurred on or about July 23, 2005 between t e hours of 8PM and 11 PM. At approximately I IPM the event (attended by approxim tely 50 to 60 persons) concluded. Mr. Emile Iberedem testified that he packed up a proje for which had been borrowed from Harristown Improvement Association. He sat the yr iector in an area within the room which had been used for the event. A proximately 30 to 45 minutes later Mr. Iberedem discovered the projector missing (probably stolen) and reported the loss to the night manager at the hotel. The hotel subsequently submitted a claim through WAUSAU INSURANCE CO. (WIC), their insurance carrier. On September 6, 2005 WIC informed the plaintiff that they denied the claim due to specifics of the contract and, more importantly, because there was no evidence or proof of negligence on the part of the hotel and/or its employees. 1; . u Several days after the theft the plaintiff filed a theft report with the East Pennsboro ownship Police Department. Mr. Iberedem testified that he did not witness the theft of he projector and assumes that it was stolen by an employee of the defendant as they were in the room cleaning up after the event. He said he is unaware of the results, if any, from the East Pennsboro Township Police Investigation. The plaintiff seeks judgment in amount of $1,399.00 which represents monies paid to repl ce, or otherwise reimburse, Harristown Improvement Association for the cost of the proje tor. DISCUSSION AND JUDGMENT Ge rally speaking, in most civil proceedings, the burden of proof rests with the plaintiff to establish a degree of negligence on the part of the defendant with such negligence eing a direct cause of measurable but mitigated damages. In the matter now before this court, the plaintiff has failed to establish any degree of negligence on the part of the defendant. Further, clause #12, of the written contract between the parties, clearly establishes that the hotel will not assume responsibility for damages or loss for items in the convention center or hotel before, during, or following the patrons function. Such certainly appears to be enforceable especially in cases where no negligence on the part of the hotel can be demonstrated or proven by the plaintiff. Fin 1 Judgment is in favor of the DEFENDANT. Court costs are assessed to the plaintif . The parties are advised of their right to appeal within thirty (30) days of this judgment ate. w STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(&-margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, DOCKET NO. 07-6143 Plaintiff CIVIL ACTION - LAW V. RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED CENTER, Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Radisson Hotel & Convention Center, in the above-captioned matter. Date: M GOLIS EDELSTEIN By: S P EN . BANKO, JR. Attorney for Defendant ,.-- "% CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the C?! 9?Kday of0bVjjj (Qe , 2007, and addressed as follows: Nigerian Society of S. Central PA c/o Raphael Chieke P.O. Box 10 Harrisburg, PA 17108 (Plaintiff) ("At) ? a A0 Yn. Angela M. Gayman, Se retary r' .-.t wry K STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(Mmargolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, DOCKET NO. 07-6143 Plaintiff CIVIL ACTION - LAW V. RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED CENTER, Defendant PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: In accordance with Pa.R.C.P.M.D.J. No. 1006 and it appearing from the Docket Entries, a copy of which is attached hereto as Exhibit A, that Plaintiff, the appealing party, has failed to comply with Pa.R.C.P.M.D.J. No. 1004 A by failing to file or serve upon Defendant a Complaint within twenty (20) days after filing its Notice of Appeal. M O S EDELSTEIN Date: By: STE EN L. BANKO, JR. Attorney for Defendant January 22, 2008, Appeal Stricken in accordance with above Praecipe. &?i? C tis R. .17o g, P thonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the LLOday of , 2008, and addressed as follows: Nigerian Society of S. Central PA c/o Raphael Chieke P.O. Box 10 Harrisburg, PA 17108 (Plaintiff) 'Makn. Aaylmm Angela . Gayman, Se etary PYS511 Cumberland County Prothonotary's Office Civil Case Print Page 2007-66143 NIGERIAN SOCIAET OF S CENTRAL (vs) RADISON CONVENTION CENTER Reference No..: Filed........: 10/19/2007 Case Ty e..... . APPEAL - DJ Time...... . 11.32 Judgment ..... .00 Execution Date 0/00/0000 Jude Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info NIGERIAN SOCIAETY OF S CENTRAL PLAINTIFF PA. P 0 BOX 10 HARRISBURG PA 17108 RADISSON CONVENTION CENTER DEFENDANT 1150 CAMP HILL BY-PASS CAMP HILL PA 17011 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 10/19/2007 APPEAL FROM DISTRICT JUSTICE JUDGMENT BY PLFF ------------------------------------------------------------------- 10/25/2007 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- 11/29/2007 PRAECIPE TO ENTER APPEARANCE - - BY STEPHEN L BANKO JR ATTY FOR DEFT - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq? Bal Py*mts/Ad' End Bal ******************************** ******** ****** ******************************* APPEAL D.J. 55.00 55.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 -------- --- .00 --------- -------------- 78.25 -- 78.25 .00 ******************************************************************************** * End of Case Information ******************************************************************************** ca ? , z to r°,• 7... a,/ t 7 M Y• ?. _, ?-? ?? ri ?' ? ?-t ;. ._ --_? s? F:_:: .,_ ;,,: ?.? c?..? ' ?F _ ?; ??7 rte, r _ i.? STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko0margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, DOCKET NO. 07-6143 Plaintiff CIVIL ACTION - LAW V. RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED CENTER, Defendant PROOF Of SERVICE The undersigned hereby certifies that a true and correct copy of the Notice of Striking of Appeal by the Prothonotary of Cumberland County dated January 22, 2008, was served upon the person and in the manner indicated below: Service by First Class Mail Nigerian Society of S. Central PA c/o Raphael Chieke P.O. Box 10 Harrisburg, PA 17108 (Plaintiff) EDELSTEIN Date:; By: s"n L. Banko, Jr., Esquire Attorney No. 41727 Counsel for Defendant • w STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendant E-mail: sbankoO-maraolisedelstein.com TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: In accordance with Pa.R.C.P.M.D.J. No. 1006 and it appearing from the Docket Entries, a copy of which is attached hereto as Exhibit A, that Plaintiff, the appealing party, has failed to comply with Pa.R.C.P.M.D.J. No. 1004 A by failing to file or serve upon Defendant a Complaint within twenty (20) days after filing its Notice of Appeal. W n FWM RECORD in ToWwwwhoW, I Mere ow set my hang autd the agar of l'?ftlisle, Pa. M O S EDELSTEIN By: STE EN L. BANKO, JR. Attorney for Defendant January 22, 2008, Appeal Stricken in accordanc with above Praecipe. Curt s R. n , P othonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all parties of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of 1 2008, and addressed as follows: Nigerian Society of S. Central PA c/o Raphael Chieke P.O. Box 10 Harrisburg, PA 17108 (Plaintiff) I ACV f0v - ho?Ma2 Angela . Gayman, S retary N O ?rA y t In the Court of Common Pleas for the State of Pennsylvania, County of Cumberland Nigerian Society of South Central Pennsylvania, Plaintiff Case No 07-6143 Pro Se Civil Complaint for Damages Vs (Negligence) Jury Trial Demanded Radisson Hotel & Convention Center, Camp Hill, PA, Defendant PRAECIPE TO REINSTATE APPEAL TO THE PROTHONOTARY OFCUMBERLAND COUNTY, PENNSYLVANIA: The Plaintiffs in the above referenced matter received a notice to strike their Appeal signed by Curtis R. Long, Prothonotary on January 22, 2008. The Notice must have been issued in error or under false representation to the extent that Plaintiffs filed their Appeal in accordance with Pa. R.C.P.M.D.J No 1004 A. Plaintiffs filed an Appeal and served the same upon the Defendant within twenty (20) days after filling their Notice of Appeal. To further buttress the Plaintiffs' claim herein, Plaintiffs received from the Defendant's attorney a notice to enter appearance, dated November 26, 2007 in the above case. The Plaintiffs personally delivered the Notice of Appeal and a copy of the Compliant to the Defendant. The Plaintiff filed the Complaint with the Court of Common Pleas for the State of Pennsylvania, County of Cumberland. The Complaint was time and date stamped by the Prothonotary on October 19, 2007 Also, the front page of the Complaint filed on October 19, 2007 included a Notice commanding the Sheriff of Cumberland County to serve Defendant a copy of the Complaint, and to summon Defendant after (20) days of service to serve a copy of its answer to the Complaint upon Plaintiffs. Until this date, Defendant has not filed an Answer to Plaintiffs' Complaint. I , -% The Plaintiffs have two cases (07-6143/08-63) pending against the Defendant, one was filed on October 19, 2007, and the subject of this Praecipe. The other Complaint or Appeal was filed on January 4, 2008. The January 4, 2008, Complaint was also timely filed and properly served to all parties as was the October 19, 2007 Appeal. Defendant has failed to file an Answer to any of these Complaints. The Motion to Strike is nothing but a ploy on the part of Defendant not to answer the Complaints against it. It is rather ironic that Defendant will be filling a Motion to strike an Appeal in January 2008 on a matter that was filed against it in October 2007, three months after the Appeal was originally filed and properly served to all parties, including the District Justice. Wherefore, Plaintiffs respectfully ask the Court to vacate its Order to strike Plaintiffs' Appeal, and to enter a Default judgment against Defendant. Plaintiffs also respectfully ask the Court in the alternative to command Defendant to respectively answer both Complaints filed against it by the Plaintiffs. If all fails, Plaintiffs respectfully ask the Court to refer these contractual matters to Arbitration. By: Nigerian Society of South Centr I PA Emile Iberedem/R Chieke P.O. Box 10 Harrisburg, PA 17108 Telephone: 717-608-6224 Order February , 2008, Appeal is reinstated in accordance with the above Praecipe. Defendant is hereby ordered to answer the Complaints against it. In furtherance to this Order, the Court refers these matters to Arbitration. C U? I is R. r honotary rII2 rr) `"1 rte-. y rn . ? ? CO STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko0marpolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, DOCKET NO. 07-6143 Plaintiff CIVIL ACTION - LAW V. RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED CENTER, Defendant 'r- 77 TO: Nigerian Society of S. Central PA c/o Raphael Chieke P.O. Box 10 Harrisburg, PA 17108 (Plaintiff) You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment may be entered against you. Date: '3 , 1 ? a M RGOLIS EDELSTEIN By: T P E L. BAN KO, J R. Attorney for Defendant E / ?-kj?tf h STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankoOmaraolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, DOCKET NO. 07-6143 Plaintiff CIVIL ACTION - LAW V. RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED CENTER, Defendant TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: In accordance with Pa.R.C.P.M.D.J. No. 1006 and it appearing from the Docket Entries, a copy of which is attached hereto as Exhibit A, that Plaintiff, the appealing party, has failed to comply with Pa.R.C.P.M.D.J. No. 1004 A by failing to file or serve upon Defendant a Complaint within twenty (20) days after filing its Notice of Appeal. Date M O S EDELSTEIN By. ST EN L. BANKO, JR. Attorney for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the jeday of 2008, and addressed as follows: Nigerian Society of S. Central PA c/o Raphael Chieke P.O. Box 10 Harrisburg, PA 17108 (Plaintiff) &trlax Aav'."l Angela . Gayman, Se etary EXHIBIT A PYS511 Cumberlandviounty Proihonotary's Office Page 2007-06143 9IGERIAN SOCIAET OF S CENTRAL (vs) RADISON CONVENTION CENTER Reference No..: Filed........: 10/19/2007 Case Type...... APPEAL - DJ Time. .... ... 11.32 Judgment..... : .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info NIGERIAN SOCIAETY OF S CENTRAL PLAINTIFF PA. P 0 BOX 10 HARRISBURG PA 17108 RADISSON CONVENTION CENTER DEFENDANT 1150 CAMP HILL BY-PASS CAMP HILL PA 17011 ******************************************************************************** * * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 10/19/2007 APPEAL FROM DISTRICT JUSTICE JUDGMENT BY PLFF -------------------------------------------------------------- 10/25/2007 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT --------------------------------------------------- 11/29/2007 PRAECIPE TO ENTER APPEARANCE - - BY STEPHEN L BANKO JR ATTY FOR DEFT - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Beq*Bal***Py*mts/Ad' End Bal ******************************** **** ****** ******************************* APPEAL D.J. 55.00 55.00 .00 TAX ON APPEAL .25 00 8 .25 00 8 .00 .00 SETTLEMENT AUTOMATION FEE . 5.00 . 5.00 .00 JCP FEE 10.00 10.00 ---------- --- .00 --------- -------------- 78.25 78.25 .00 ******************************************************************************** * End of Case Information ******************************************************************************** 0% Q ?v ° O C -, --Z _ It r i - ZZ rn - .?, n "a -? i co N r' (, k, b, 4- B STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankoOmargolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, DOCKET NO. 07-6143 Plaintiff CIVIL ACTION - LAW V. RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED CENTER, Defendant PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: In accordance with Pa.R.C.P.M.D.J. No. 1006 and it appearing from the Docket Entries, a copy of which is attached hereto as Exhibit A, that Plaintiff, the appealing party, has failed to comply with Pa.R.C.P.M.D.J. No. 1004 A by failing to file or serve upon Defendant a Complaint within twenty (20) days after filing its Notice of Appeal. 1 JE COPY FROM RECORD resumoww*W, I here ur4o setM haric 3iiQ tt?# Carllisle, Pa. • ?aaD c?fJ?.. Pula M O S EDELSTEIN By: y STE EN L. BANKO, JR. Attorney for Defendant January 22, 2008, Appeal Stricken in accordance with above Praecipe. Cu tis R. g, P thonotary X/,7b y+ In the Court of Common Pleas for the State of Pennsylvania, County of Cumberland igenan ocie y o ou Central Pennsylvania, Plaintiff Case No 07-6143 Pro Se Civil Complaint for Damages Vs (Negligence) Jury Trial Demanded Radisson Hotel & Convention Center, Camp Hill, PA, Defendant PRAECIPE TO REINSTATE APPEAL TO THE PROTHONOTARY OFCUMBERLAND COUNTY, PENNSYLVANIA: The Plaintiffs in the above referenced matter received a notice to strike their Appeal signed by Curtis R. Long, Prothonotary on January 22, 2008. The Notice must have been issued in error or under false representation to the extent that Plaintiffs filed their Appeal in accordance with Pa. R.C.P.M.D.J No 1004 A. Plaintiffs filed an Appeal and served the same upon the Defendant within twenty (20) days after filling their Notice of Appeal. To further buttress the Plaintiffs' claim herein, Plaintiffs received from the Defendant's attorney a notice to enter appearance, dated November 26, 2007 in the above case. The Plaintiffs personally delivered the Notice of Appeal and a copy of the Compliant to the Defendant. The Plaintiff filed the Complaint with the Court of Common Pleas for the State of Pennsylvania, County of Cumberland. The Complaint was time and.date stamped by the Prothonotary on October 19, 2007 Also, the front page of the Complaint filed on October 19, 2007 included a Notice commanding the Sheriff of Cumberland County to serve Defendant a copy of the Complaint, and to summon Defendant after (20) days of service to serve a copy of its answer to the Complaint upon Plaintiffs. Until this date, Defendant has not filed an Answer to Plaintiffs' Complaint. The Plaintiffs have two cases (07-6143/08-63) pending against the Defendant, one was filed on October 19, 2007, and the subject of this Praecipe. The other Complaint or Appeal was filed on January 4, 2008. The January 4, 2008, Complaint was also timely filed and properly served to all parties as was the October 19, 2007 Appeal. Defendant has failed to file an Answer to any of these Complaints. The Motion to Strike is nothing but a ploy on the part of Defendant not to. answer the Complaints against it. It is rather ironic that Defendant will be filling a Motion to strike an Appeal in January 2008 on a matter that was filed against it in October 2007, three months after the Appeal was originally filed and properly served to all parties, including the District Justice. Wherefore, Plaintiffs respectfully ask the Court to vacate its Order to strike Plaintiffs' Appeal, and to enter a Default judgment against Defendant. Plaintiffs also respectfully ask the Court in the alternative to command Defendant to respectively answer both Complaints filed against it by the Plaintiffs. If all fails, Plaintiffs respectfully ask the Court to refer these contractual matters to Arbitration. By: Nigerian Society of South Centr I PA Emile Iberedem/R . Chieke P.O. Box 10 Harrisburg, PA 17108 Telephone: 717-608-6224 Order February 7 _, 2008, Appeal is reinstated in accordance with the above Praecipe. Defendant is hereby ordered to answer the Complaints against it. In furtherance to this Order, the Court refers these matters to Arbitration. Ad the so u" coulpt Carl€?14, I da Prot "-nre i. oil. Curtis R. , Pr onotary PYS511 Cumberland County Prothonotary 's Office Page 1 Civil Case Print 2007-06143 NIGERIAN SOCIAET OF S CENTRAL (vs) RADISON CONVENTION CENTER Reference No... Filed...... .. 10/19/2007 Case Type...... APPEAL - DJ Judgment..... : .00 Time..... .:.: Execution Date 11.32 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. Hi t 1 h C 0/00/0000 ------------ Case Comments ---- -------- g er r .: Higher Crt 2.: General Index Attorney Info NIGERIAN SOCIAETY OF S CENTRAL PLAINTIFF PA P 0 BOX 10 HARRISBURG PA 17108 RADISSON CONVENTION CENTER DEFENDANT 1150 CAMP HILL BY-PASS CAMP HILL PA 17011 ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - - - - - - - - 10/19/2007 APPEAL FROM DISTRICT JUSTICE JUDGMENT BY PLFF --------- ---- ----------- ----- ----------------_---------------- 10/19/2007 COMPLAINT--(WAS-NOT-DOCKETED-UNTIL-2/7/08) ------------------------------------------------------------------- 10/25/2007 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- 11/29/2007 PRAECIPE TO ENTER APPEARANCE - - BY STEPHEN L BANKO JR ATTY FOR DEFT ------------------------------------------------------------------- 1/22/2008 PRAECIPE TO STRIKE APPEAL - BY STEPHEN L BANKO JR ATTY FOR DEFT ------------------------------------------------------------------- 2/05/2008 PROOF OF SERVICE - NOTICE OF STRIKING OF APPEAL - BY STEPHEN L BANKO JR - ATTY FOR DEFT - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal***P*ymts/Adj End Bal ******************************** **** ****** ******************************* APPEAL D.J. 55.00 55.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 ------------------------ ------------ 78.25 78.25 .00 ******************************************************************************** * End of Case Information ******************************************************************************** ???y? p ?X ATTORNEYS AT LAW Writer: Stephen L. Banko, Jr., Esquire" www.margolisedoistein.com Direct Dial: (717)760-7501 E-Mail: sbankodkmaroolisedelstein.com HARRISBURG OFFICE:" 8510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 February 11, 2008 PHILADELPHIA OFFICE:` Nigerian Society of South Central PA THE CURTIS CENTER, 4TH FLOOR c/o Raphael Chieke 601 WALNUT STREET P.O. BOX 10 INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 Harrisburg, PA 17108 216-922-1100 FAX 215-922-1772 Re: Nigerian Society of South Central PA PITTSBURGH OFFICE: 525 WILLIAM PENN PLACE y. Radisson Hotel & Convention Center SUITE 3300 Cumberland CCP: 07-6143 PITTSBURGH, PA 15219 412-281-4256 Our File No. 29700.4-00006 FAX 412.642-2380 SCRANTON OFFICE: Dear Mr. Chieke: 220 PENN AVENUE SUITE 305 SCRANTON, PA 18503 This is in furtherance of the voicemail message that 1 570-342-4231 left for you on Friday, February 8, 2008. 1 am in receipt of FAX 670-342-4841 the Praecipe that you filed to reinstate the Appeal of the matter CENTRAL PENNSYLVANIA OFFICE: which had been stricken on January 22, 2008. 1 enclose a cOPY of P.O. BOX 629 HOLLIDAYSBURG, PA 16648 a letter that I received from the office of the Prothonotary and the 814-695-5064 Docket Sheet which was provided to me with the enclosed letter and FAX 814-669596- -6066 FAX Praecipe. First, I must note that the Praecipe, like all other SOUTH NEW JERSEY OFFICE:* SENTRY OFFICE PLAZA documents, has not been served either on me or my client. The 216 HADDON AVENUE, 2ND FLOOR Praecipe does not include a Certificate of Service, as required by P.O. Box 92222 WESTMONT, NJ 08108 Pennsylvania law. Despite the representations you make in the 856-868-7200 the Complaint was not docketed until Praecipe to Reinstate Appeal FAX 856-858-1017 , February 7, 2008, and it was never served upon my client or me. As NORTH NEW JERSEY OFFICE: you are aware, I entered my appearance on behalf of Defendant on CONNELL CORPORATE CENTER THREE HUNDRED CONNELL DRIVE November 29, 2007, and, therefore, under the Pennsylvania Rules SUITE 6200 of Civil Procedure, I believe it is incumbent upon you to serve me BERKELEY HEIGHTS, NJ 07922 906-790-1401 with a copy of any document you file with the court. I would like to FAX 906-790-1466 answer the Complaint, but as it has never been properly served, I DELAWARE OFFICE: am unable to do so. Please forward to me a copy of the Complaint H MADISON STREET 760 which includes the appropriate Certificate of Service and 1 will file an SUITE 1002 WILMINGTON, DE 19801 Answer in a timely fashion. I am requesting that you file no 3021112 6- additional documents without serving me with a copy. I would ask FAX 302-888-888-1119 Ax 30 that if the procedure is a problem, you should consult the Pennsylvania Rules of Civil Procedure or a lawyer of your own ? MEMBER OF THE HARMONIE GROUP choosing. Mr. Raphael Chieke February 11, 2008 Page 2 There was a second action before the Honorable Judge Dougherty from which you took an Appeal, although no judgment was entered. Although the docket appears to include a Complaint, there is no indication on the docket that the Complaint was ever properly served. In fact, neither my client nor I were served with a copy. Please send me a copy of the second Complaint, as well. As always, should you wish to discuss any of the matters involved in either of these two matters, please feel free to contact me. You should also, if you have any questions, feel free to contact an attorney of your own choosing. SLBJr./amg Enclosures V r ly yours, Banko, Jr. f xw)? ATTORNEYS AT LAW www.margolisedelstein.com HARRISBURG OFFICE:. 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 PHILADELPHIA OFFICE:' THE CURTIS CENTER, 4TH FLOOR 601 WALNUT STREET INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215.922-1772 PITTSBURGH OFFICE: 525 WILLIAM PENN PLACE SUITE 3300 PITTSBURGH, PA 15219 412-281-4256 FAX 412-642-2380 SCRANTON OFFICE: 220 PENN AVENUE SUITE 305 SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 CENTRAL PENNSYLVANIA OFFICE: P.O. Box 628 HOLLIDAYSBURG, PA 16648 814-695-5064 FAX 814-695-5066 SOUTH NEW JERSEY OFFICE:' SENTRY OFFICE PLAZA 216 HADDON AVENUE, 2ND FLOOR P.O. Box 92222 WESTMONT, NJ 08108 856-858-7200 FAX 856-858-1017 NORTH NEW JERSEY OFFICE: CONNELL CORPORATE CENTER THREE HUNDRED CONNELL DRIVE SUITE 6200 BERKELEY HEIGHTS, NJ 07922 908-790-1401 FAX 908-790-1486 DELAWARE OFFICE: 760 SOUTH MADISON STREET SUITE 102 WILMINGTON, DE 19801 302-888-1112 FAX 302-888-1119 Wdfwe Stephen L. Banko, Jr., Esquire"' Direct Dial: (717)760-7501 E-Mail: sbankoftmaraolisedelstein.com February 19, 2008 Sherri Dee Coover, Esquire Bailey 8L Ostrowski 4311 North Sixth Street Harrisburg, PA 17110-1614 via facsimile (717) 221-9400 Re: Nigerian Society of South Central PA v. Radisson Hotel & Convention Center Cumberland CCP: 07-6143 Our File No. 29700.4-00006 Dear Attorney Coover: As requested, enclosed please find a copy of the letter which I sent to Mr. Chieke on February 11, 2008. me. Should you have any questions, please feel free to contact Very truly yours, SLBJr./amg Enclosure DICTATED, BUT NOT READ -96?, &.lwv Stephen L. Banko, Jr. * MEMBER of THE HARMONIE GROUP 02/19/2008 18:10 FAX 71179738124 MARGOLIS EDELSTEIN 1? 001 *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT 0202 17172219400p11111 02/19 16:10 00'26 3 OK ATTORNEYS AT LAW www.margolisedoistsin.com Writer: Stephen L. Omko, Jr., Esquire" HARRISBURG OFFICE:' Direct Dial: (717)760-7601 3510 TRUNDLE ROAD E-Mail: sbank eroolisedelstein.com CAMP HILL, PA 17011 717-975-6114 FAX 717.975.8124 February 19, 2008 PHILADELPHIA OFFICE:- THE CURTIS CENTER, 4TH FLOOR 601 WALNUT STREET Sherri Dee Coover, Esquire INDEPENDENCE SQUARE WEST & Ostrowski Baile PHILADELPHIA, PA 19100-3304 1 y 215-922-1100 4311 North Sixth Street FAX 215.922.1772 Harrisburg, PA 17110-1614 PITTSBURGH OFFICE: via facsimile (797) 221-94W 525 WILLIAM PENN PWE SUITE 3300 PITTSBURGH, PA 15219 Re: Nigerian Society of South Central PA 412-281.4256 FAX 412-642-2360 y. Radisson Hotel & Convention Center SCRANTON OFFICE: Cumberland CCP: 07-6143 220 PENN AVENUE Our File No. 29700.4-00006 SUITE 305 SCRANTON. PA 18503 670342-4231 Dear Attorney Coover: FAX 570-342-4641 CENTRAL PENNSYLVANIA OFFICE: As requested, enclosed please find a copy of the letter which P.O. BOX 525 HOLLIDAYSBURG, PA 16649 1 sent to Mr. Chieke on February 11, 2008. 914.695-5054 FAX 814-685-5066 Should you have any questions, please feel free to contact SOUTH NEW JERSEY OFFICE:' me SENTRY OrrICE PLAZA . 215 HADDON AVENUk, 2ND FLOOR P.O. BOX 92222 WESTMONT, NJ Delos 856-858-7200 Very truly yours, FAX 956-658.1017 NORTH NEW JERSEY OFFICE: -i,{__. '"""?n'' P CONNELL CORPORATE CENTER (? THREE HUNDRED CONNELL DRIVE Stephen L. Banko, Jr. SUITE 6200 ----- SLl3Jr-,lama F7X AP' ,,,. A-A Witter. Stephen L Banko, Jr., Esquire" Direct Dial: (717)760-7601 E-Mail: sbankoflnarooiisedelstein.com T?rF1 ATTORNEYS AT LAW www.margolisedelstein.com HARRISBURG OFFICE:* 3510 Tmmm ROAD CAMP HILL, PA 17011 717-875-8114 FAX 717-875-8124 PHILADELPHIA OFFICE:* THE CURTIS CENTER, 4TH FLOOR 601 WALNUT STREET INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215-922-1772 PITTSBURGH OFFICE: 525 WILLIAM PENN PLACE SUITE 3300 PITTSBURGH, PA 15219 412-281-4256 FAX 412-642-2380 SCRANTON OFFICE: 220 PENN AVENUE SUITE 305 SCRANTON, PA 18503 570342-4231 FAX 570-342-4841 CENTRAL PENNSYLVANIA OFFICE: P.O. Box 628 HOLLIDAYSBURG, PA 16648 814-695-5064 FAX 814-695-5066 SOUTH NEW JERSEY OFFICE:* SENTRY OFFICE PLAZA 216 HADDON AVENUE, 2ND FLOOR P.O. Box 92222 . WESTMONT, NJ 08108 866-868-7200 FAX 856-858-1017 NORTH NEW JERSEY OFFICE: CONNELL CORPORATE CENTER THREE HUNDRED CONNELL DRIVE SUITE 6200 BERKELEY HEIGHTS, NJ 07922 908-790-1401 FAX 908-790-1486 DELAWARE OFFICE: 760 SOUTH MADISON STREET SUITE 102 WILMINGTON, DE 19801 302-888-1112 FAX 302-888-1119 * MEMBER Of THE HARMONIE GROUP March 3, 2008 Sherri Dee Coover, Esquire Bailey & Ostrowski 4311 North Sixth Street Harrisburg, PA 17110-1614 via facsimile (717) 221-9400 Re: Nigerian Society of South Central PA v. Radisson Hotel & Convention Center Cumberland CCP: 07-6143 Our File No. 29700.4-00006 Dear Ms. Coover: On February 19, 2008, at your request, I caused my office to fax to you a letter enclosing my letter to Mr. Chieke dated February 11, 2008. Recall that that letter advised Mr. Chieke that I was unable to answer either Complaint as neither my client nor I had ever been served with a copy. Ten more days have gone by and I still have not received a copy of either Complaint. While I understand that you are not representing the Nigerian Society or Mr. Chieke in either of these two actions, without someone's cooperation, the cases will just have to sit dormant. I intend to take no further action in this case until I, on behalf of the Radisson Hotel and Convention Center, am served with a copy of the Complaint in both of the pending actions. Should you wish to discuss this matter, please feel free to contact me. SLBJr/amg , Jr. W:1 v ********************* *** TX REPORT *** ********************* TRANSMISSION OK Tx/Rx NO 0225 RECIPIENT ADDRESS 17172219400p11111 DESTINATION ID ST. TIME 03/03 10:04 TIME USE 00,16 PAGES SENT 1 RESULT OK ®I Wrftr: Stephen L 8inko, Jr., Exquiro ' ?J Direct DIW; (717)760-7501 ATTORNEYS AT LAW E-Mall: 8bankolMmeM9lis9del8tain.Cpm www.margoli3edelstain.com HARRISBURG OFFICE:* March 3, 2008 3510 TR1111DLE ROAD CAMP Hku„ PA 17011 717.975-8114 Sherri Dee Coover Esquire FAX 717-975-8124 Bailey & Ostrowskl 4311 North Sixth Street PHILADELPHIA OFFICE:* Harrisburg, PA 17110-16 1 4 THE CURTIS CENTER,-4TH FLOOR A ' v?/a facsimile (717) 221-9400 '+? 801 WALNUT STREET INDEPGNDENCE SQUARE WEST PHILADELPHIA, PA 19100-3304 21522-11 00 Re: Nigerian Society o South Central PA FAX 215-922-1772 v. Radisson Hotel !% Convention Center PITTSBURGH OFFICE: Cumberland CCP: 07-6143 d2B WILLIAM PENN PLACE Our File No. 29700.4-00006 SUITE 3300 PITTSBURGH, PA 16278 412-281-4254 Dear Ms Coover: FAX 412.442-2380 . SCRANTON OFFICE' On February 19, 2008, at your request, I caused my office to 220 PENN AVENUE SUITE 305 fax to you a letter enclosing my letter to Mr. Chieke dated February SCRANTON, PA 18503 11, 2008. Recall that that letter advised Mr. Chieke that I was 570-342-4231 FAx 57042-4841 unable to answer either Complaint as neither my client nor I had CENTRAL PENNSYLVANIA OFFICE: ever been served with a copy. Ten more days have gone by and I P.O. Box 626 still have not received a copy of either Complaint. While I HOLLIGAYS6UR0, PA 16648 understand that you are not representing the Nigerian Society or Mr. 814.695.5064 FAX 014-695.5064 Chieke in either of these two actions, without someone's SOUTH NEW JERSEY OFFICE. cooperation, the cases will just have to sit dormant. I intend to take SENTRY OFFICE PLAZA no further action in this case until I, on behalf of the Radisson Hotel 214 HADDON AVENUE, 2No FLOOR and Convention Center, am served with a copy of the Complaint in P.O. Box 92222 WESTMONT, NJ 08109 both of the pending actions. 858-094-7200 FAX 856-858-1017 NORTH NEW JERSEY OFFICE: Should you wish to discuss this matter, please feel free to CONNELL CORPORATR CENTER contact me, THREE HUNDRED CONNELL DRIVE SVITL 6200 BERKELEY HEIGHTS. N.1 DTS177 ryl /I hJ - C-a r 7 r ?-frt -i C3 ? Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 telephone (717) 221-9400 facisimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIGERIAN SOCIETY OF SOUTH : CIVIL ACTION AT LAW CENTRAL PENNSYLVANIA, : Case No. 07-6143 Plaintiff V. RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, Defendant PRAECIPE TO ENTER ATTORNEY APPEARANCE To the Clerk: Kindly enter my appearance on behalf of the Plaintiff, Nigerian Society of South Central Pennsylvania. Res ly submitted, S eiD D. Coover, Esquir e Attorney ID 93285 1133 Pheasant Drive North Carlisle, PA 17013 . -1 11 Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 telephone (717) 221-9400 facisimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, Plaintiff V. RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, Defendant : CIVIL ACTION AT LAW : Case No. 08-0063 CERTIFICATE OF SERVICE I, Sheri D. Coover-, Esquire hereby certify that on this I Vh day of June, 2008, I caused the foregoing ENTRY OF ATTORNEY APPEARANCE to be served upon defendant's counsel via U.S. First Class mail addressed as follows: Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Respec ly ubmitted, S D. Coover, Esquire A omey ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 N O e7D } c >rn c? I, T Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 telephone (717) 221-9400 facisimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIGERIAN SOCIETY OF SOUTH CIVIL ACTION AT LAW CENTRAL PENNSYLVANIA, Case No. 07-6143 Plaintiff V. RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, 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 by 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 be 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMAITON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 telephone (717) 221-9400 facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIGERIAN SOCIETY OF SOUTH CIVIL ACTION AT LAW CENTRAL PENNSYLVANIA, Case No. 07-6143 Plaintiff V. RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, Defendant AMENDED COMPLAINT AND NOW, comes Plaintiff, Nigerian Society of South Central, Pennsylvania, and files the following Amended Complaint and in support of that document avers as follows: 1. Plaintiff, Nigerian Society of South Central Pennsylvania is an organization registered in the City of Harrisburg with a business address of P.O. Box 10, Harrisburg, Pennsylvania 17108. 2. Defendant, Radisson Hotel & Convention Center is a business operating in Cumberland County, Pennsylvania with its primary place of business at 1150 Camp Hill By-pass, Camp Hill, Pennsylvania. T ? T 3. Jurisdiction and venue is conferred on this court because the defendant is a business which operates in Cumberland County, Pennsylvania and the contract which is the basis of the cause of action took place in Cumberland County, Pennsylvania. 4. Plaintiff, Nigerian Society of Central Pennsylvania is an association of professional Nigerian immigrants residing throughout South Central Pennsylvania. 5. On or around July 23, 2005, Plaintiff contracted with Defendant to host a fund raising campaign at the Defendant's place of business. 6. As consideration for the agreement, Plaintiff paid Defendant approximately $4,500.00 for rental space, catering and safety services. 7. At the fund raising ceremony, Plaintiff showed video slides to the guests who were in attendance on an electronic projector which was borrowed from Harrisburg International House. 8. When the fund-raising event concluded around 11:00 p.m. that evening, Emile Iberedem, President of the Association, packed up the projector and placed it near his table. 9. At the time the projector was packed up, the only people still in attendance were Iberedem, Raphael K. Chieke, Housing Committee Chair, a few officers of the Nigerian Society and about sixteen (16) servers and crew members employed by the Defendant. 10. Approximately thirty minutes after the projector had been packed up, Iberedem realized that the projector had disappeared. 11. Iberedem immediately reported the missing projector to the night manager employed by the Defendant. 12. No agents of the Defendant did anything that evening to recover the missing projector. 13. Chieke filed a report with the police a few days later concerning the missing projector. 14. The Plaintiff Nigerian Society of South Central Pennsylvania purchased a replacement projector for the Harrisburg International House at a cost of $1,300. CLAIM ONE - PLAINTIFF'S CAUSE OF ACTION FOR NEGLIGENCE AGAINST THE DEFENDANT 15. Plaintiff incorporates paragraphs 1 through 14 as contained herein in their entirety. 16. Defendant had a duty to provide the Plaintiff with a safe environment in which to hold its event as a result of the contractual relationship which was formed between the Plaintiff and the Defendant. 17. Defendant failed to provide an environment which was safe from the theft of belongings that were in the Plaintiff's possession and control at the time of the Defendant's rental of the property to the Plaintiff. 18. The Defendant's failure to provide the Plaintiff with a safe environment which protected against the theft of the belongings which were in the Plaintiffs possession and control at the time of the Defendant's rental of the property to the Plaintiff was a breach by the Defendant of the duty of care that it owed to the Plaintiff. Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 telephone (717) 221-9400 facisimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, Plaintiff CIVIL ACTION AT LAW Case No. 07-6143 V. RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 11'' day of June, 2008, I caused the foregoing AMENDED COMPLAINT to be served upon defendant's counsel via U.S. First Class mail addressed as follows: Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 submitted, I'J. Mover, Esquire A orney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 %.. p STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko margolisedelstein.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, DOCKET NO. 07-6143 Plaintiff CIVIL ACTION - LAW V. RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED CENTER, Defendant NOTICE TO PLEAD TO: Nigerian Society of S. Central PA c/o Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. MARGOLIS EDELSTEIN Date: By: 5 I tl'I-W . )5ANKO, JR. Attorney or Defendant STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail- shankoMmarnnlisedelstein_com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NIGERIAN SOCIETY OF SOUTH CENTRAL PENNSYLVANIA, DOCKET NO. 07-6143 Plaintiff CIVIL ACTION - LAW V. RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED CENTER, Defendant ANSWER AND NEW MATTER OF DEFENDANT, RADISSON PENN t#ARRIS MOTEL & CONVENTION CENTER, TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted. 3. Admitted in part and denied in part. Plaintiff alleges that this action is based upon a contract. However, in reviewing the Amended Complaint, Plaintiff makes a claim only for alleged negligence. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 12. Denied. While Plaintiff alleges that there was a missing projector, nothing could be done to recover something that Defendant was not in control of nor had responsibility for. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 15. The Answers contained in paragraphs 1 through 14 hereof are incorporated herein by reference as if set forth in their entirety. 16. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, it is specifically denied that the contractual relationship between Plaintiff and Defendant made Defendant responsible for personal property left unattended by Plaintiff. 17. Denied. The Answer contained in paragraph 16 hereof is incorporated herein by reference as if set forth in its entirety. 18. Denied. The Answers contained in paragraphs 15 and 16 hereof are incorporated herein by reference as if set forth in their entirety. 19. Denied. The Answer contained in paragraph 18 hereof is incorporated herein by reference as if set forth in its entirety. 20. Denied. The Answer contained in paragraph 18 hereof is incorporated herein by reference as if set forth in its entirety. VERIFICATION I, Thomas Dickert, have read the foregoing Answer and New Matter to Plaintiff's Amended Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: Mr. Thomas Dickert, General Manager for Radisson Convention Center I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, -r"h Pennsylvania, first-class postage prepaid, on the Jjt?day of OIL,.,. 2008, and addressed as follows: Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Roxa ne Weller, Secretary Co