HomeMy WebLinkAbout08-0063IrumMVnwtALin Vr rr-mmbYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
Lc? ! /q/08
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. OR -
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.
MAML OF PrFIMUW I 11N1s. Ulbl, nV. VF U.J.
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P• 0• any, r -cwvti?altn ph I -I ? u
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This block will be signed ONLY when this notation is required under Pa. If Claimant (Joe Pa. 'R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
&VrW-dP,omonouy-DVW 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 upon appellee(s), to fie a complaint in this appeal
Name of appetlee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant orattomey or agent
RULE: To appellee(s)
Name of appeltee(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: 1 .20 Q
Slgnatwe of PrWhonofary or Deputy
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
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 FI¢ED IMT14HV 7 EN (10) DAYS AFTEff filing of the nofke 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 20
Signature of official before whom affidavit was made
Title of official
My commission expires on
20
Signature of affiant
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COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENTARANSCRIPT,
?"'--- OUNTY.b1,::.CMWg$LMW CIVIL.CASE
Mag. Dist. No .
PLAINTI
09-10-03 r NAME and ADDRESS
MDJ Name: Hon.
I?IGPitIXN SOCI$TY . OF S. CMrZRAL PA
RICKAW S. RAPHASL CHIE>?$
DOIIGMTY P. 0. BOZ 10
Address: 98 .0. ENOLA D8 .19TH 1;.
LIIA
NII1fOLA, PA RRISBUB,G, PA 17108
VS. J
DEFENDANT NAMEand ADDRESS
Telephone: (717) 77.28-2005 1702 'S r-
sADISSOIST P=W. HARRIS HOTEL, i? COQ
1150 CA1[P' HILL HY-PASS
CAHP•HILL, PA 17011
I NZOMIAN SOCIETY OF S. .:CM=JM PA L
J
11"EU lL CHIMM Docket No.: CV-0000297-07.
R.O. BOX 10 bate Filed: 10/01/07
HARRISBURG, PA 17108
THIS IS TO NOTIFY YOU THAT: RADISSON PZ= HARRIS, HOTEL i? CON" D
- E! 001
DISNXBS,8W/O PRTDICg , Judgment: (Date of Judgment), 12/07/07
Judgment was entered for.
(Name)
F'J Judgment was entered against: (Name)
in the amount of $
Defendants are jointly. and severally liable. Amount of Judgment $ . 00
Judgment Costs $
Damages will be assessed on Date & Time Interest on Judgment $
Attorney Fees $
This case dismissed without prejudice.
Total $ .00
a Amount of Judgment Subject to Attachment/42 Pa.C.S. 8127
$ § Post Judgment Credits $
Post Judgment Costs $
Portion of Judgment for physical damages arising out of
residential lease
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF,APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A.COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
• .UDGINENT HOLDER .ELEQM"T;N
0,1, ONPL4, S,
COME FROM THE COURT OF COMMO O ' U pRO ESS MAY E ISSUED BYL7HE MAG STER AL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE`COURT OF COMMON PLEAS, ANYONE INTERESTED 114 THE JUDGMENT MAY FILE
A REQUEST FOR- ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
sETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
i
i
DEC o: fi 2007
Date , Magisterial District Judge
certify that this is a true and co ect copy th oft dings containing the judgment.
Date , Magisterial District Judge
My commission expires first Monday of January, x012 SEAL
AOPC-315-07
' DATE PRINTED: 12/07/07 3:07:00 PIK
Iq
o4a -L3 C-0 ??TE
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, Plaintiff Case No Q 8 - L.3
Pro Se
Civil Complaint for Damages
Vs (Negligence)
Jury Trial Demanded
Radisson Hotel & Convention
Center, Camp Hill, PA, 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 May 31, 2005, Plaintiff contracted expressively and or by implication
with Defendant to host a fund raising campaign and annual Independence
celebration at the Defendant's hotel (Exhibit A). The event was to take place on
October 1, 2005.
2. Exhibit A which is a Defendant generated document is one-sided in that it only
states the responsibilities of the Plaintiff, but failed to state the responsibilities of
the Defendant with respect to the contract between the parties.
3. Plaintiff paid Defendant approximately $6,000.00 for rental of space, catering,
safety and services to the Defendant. Plaintiff also had other expenses in
preparation for this event (Exhibit B).
4. Plaintiff was to occupy one portion in the ballroom of the Defendant's Convention
Center.
5. Defendant guaranteed Plaintiff one portion of the ballroom, including peace and
tranquility during the occasion.
6. Defendant informed Plaintiff that the other portion of its ballroom would be used
for another unrelated function and that the function would not interfere with the
Plaintiffs activities.
7. Plaintiff relied on the assurances of the Defendant and proceeded to host its
event at the defendant's ballroom on October 1, 2005.
8. In the middle of its event, just before the main event (the Keynote Speech by the
Honorable Mayor Stephen Reed of Harrisburg) terrible noise of rock music from
a Rock Band emanated from the adjoining ballroom function. (Exhibit C, a letter
from Mayor Reed attesting to this noise)
9. Plaintiff immediately reported the noise to Defendant's Management to which it
offered apologies but failed to curtail the noise.
10. The noise became louder and began to create disruption. which adversely
affected Plaintiff's Fund Raising event. The Keynote Speech could not be heard
by the attending guests due to the noise. Guests became frustrated, and began
to leave. And those coming to the event were told that the event was disruptive,
and they turned away.
11. Plaintiff reported the continued disruption three to five times to Defendant's,
management, asking it to control the noise, but to no avail.
12. Plaintiff invited approximately 200 people to the event; 150 of whom were in
attendance at the time of the noise and disruption became disenchanted,
throwing the event into a pandemonium. As a result of the disruption, many of
those in attendance began to leave, and those who were on their way to the
event were told that the event was disruptive and they turned away. Wherefore,
the event became a total flop.
13. Plaintiff expected, and was entitled to accommodation, peace and tranquility
which would be appropriate and conducive to the Fund Raising and Independent
Anniversary event it planned. Plaintiff had no prior indication or warning that a
live Rock Band would be located in an adjoining room. This is not only a direct
breach of contract, but is a gross negligence by the Defendant
14. Plaintiff had a similar fund raising event at the Defendant's on or about July 23,
2005 in which it invited 150 people and raised over $15, 000.00. This amount is
over and above its expenditures of about $8,000.00.
15. The October 1, 2005 event was a total flop, subjecting the Plaintiff to a loss of
more than $8, 000.00 in expenses plus a potential to raise at least $20, 000.00 at
the event.
16. Defendant did nothing the night of the event to control or mitigate the noise.
17. Plaintiff duly registered protests of the noise to Defendant's Management, and it
did nothing.
18. Defendant owed a duty of care and service to the Plaintiff. The Defendant
breached that duty, and as a result, Plaintiff suffered a loss.
19. Defendant, as owner and operator of the hotel, or as the case may be,
negligently:
a. Failed to maintain an environment and accommodations which would be
appropriate and conducive to the event that the Plaintiff planned.
b. Failed to wam Plaintiff specifically of the noise.
c. Failed to control the noise after it was so noted three to five times.
d. Failed to provide services for which it was contracted and paid.
e. Failed to otherwise exercise due care with respect to the matters alleged
in this complaint.
20. As a further direct and proximate result of the negligence of Defendant as set
forth above, Plaintiff sustained a loss in excess of $20,000.00. 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.
21. Plaintiff believes there is an inherent duty of care, service, 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.
22. The 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 $20,000.00.
WHEREFORE, P iff prays for judgment against Defendant in excess of $20,000.00,
Court cost, and un' . e dam s in excess of $20,000.00, and any further relief that
the Court consi e
ture ate
Plaintiffs: Raphael K. Chieke
Emile Iberedem
P.O. Box 10
Harrisburg, PA 17108
Telephone: 717-608-6224
M
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, Camp Hill, PA,
Defendant
VERIFICATION
We, Emile Iberedem and Raphael K. Chieke, are Plaintiffs in the above-entitled
action. We have read the foregoing Complaint and know the contents thereof.
The same is true of our own knowledge, except as to those matters which are
therein alleged on information and belief, and as to those matters, we believe to
be true.
We declare under penalty of perjury the foregoing is true and correct and that this
declaration was executed in Harrisburg, Dauphin County Pennsylvania.
Date 1 I D
Date 3 ?? ?
08/09/2005 06:19 717-763-1204 RADISSON PENN HARRIS PAGE 06/13
j/2005 11: d3 717-7F3-7128 >rr?DIS;,tall 541.Et? DEF11' P(%GE 08/1;6
A CONTRAcrr'TERms
All rnvrlu salecclons should be Iubmirw< to e,a tatal office twenty-one 01) clays prior to the I&Cduled evert, pleats Commit Ati roar horel
contact for additional, creative mvna Ideas. Menu oncat -111 ce jrerrnwad fix rnarths prior cc the function 07u. IIlninx,m foot and beverage
chargas eo not mcksde sass, salat mss of 6%, service of 11X,, renal of wdiowviwal a wprrent or Dry X*Moml eltpanaa incurred by the Grohs.
I. A final guaranter of the number of aaandtNi at arty <ano,-i+` A.nnron rhupt be received 3 baslnem days, prior to chi rnnt Gurnnteaa err not wNect
co reduglon. Y a ltrarAthtea is not received at the alpp,-opratr tame. d'n nunbrr expeaed would be used of this bal gw ranUee and eharitaa will be
made aeeordinjly.
?. funcnon room; are =signed at rho elme of the booking oased upon oe !stimstari m rnbe? of persons In attendancL The fta0son Penn Harr.: Hotel
A Corlvenc;on Center reserves tit' right to -eaw1=n function roar-; based upon :hid mranxed nL nbo-r of persons In attondanco.
,1. All rpntarllt-onK muse be raeervRd by rho hotel. Ir vrrIvnd, Iron the duvae Elena can<elled and reichedufed M,madhtely mi' bcs swam .prtra
romid.auon, In the even- a' a centebitlon, the followlnil guidelines apply.
CAa6 leAJL- r4!.kC oU=-Qb)Lhals
4+) maneht prior foil paint of Yedmt:ed row wag
Xs, rno,thy pr:o? 755E pom eAt ed awn ated revenues
6.9 months prier SOX oomlorlt d CICIMIted r•evanues
9-11 rnanlt" poor f flffslit Oaprm;t nr 25 % ptyment of mirriated rwantiem
z. Guest err.-C.- to be:ln Its funarsn promptly at L4. scheduled m -n2 and ;he 8uea4 Ica ototndar or in'Ataet agree ra vacs,:e the delip"-CC funetiort :psets
ac the closing hour rndrcaosd, :n the avyr Of a scfudu!' tnarge by the 1u tie sit the omo If the RWmlon. the Other, Mug- ronsnct the aeai-lq oKce abif
echo will make every i rron m accommodate the sthawle :nanleS.
6. All load and beverap reams myst be prepared by hovel panarmrtl to eh)urt and malrtLrn quality CaT rol, No food and bererm Items of any bad are
permitted O b! VotlRhf Irate the petal fllntTJon =Cc t7 to. Guitar or anyane attending the allant unless other-lwiso apaclflcd by Cho hazel. Ali a liquor
i;r-cnscc in :he Ctxrrno.-vWaahh of perntyhan(e, we are mpoine,ble, for rlto Niles oral 2ervite of any and AN nlcohoilc beworagm in acco"ince Vth Iotii
an4 AM-.e IaWs, It is vur pokey that all alcehoka bovsrstia be Nuoplted by ;tie hco-! The hotel requires prow ishe"Filetition of Irv per-Ann of
questionable aflo. The hotel earl. ,std .will, refuse alconolh i:eWYa;e serrate 20 any Guest Chat We) flat Nvh proper IdaeMlaticn ors say Perron
who, In chi Haul's iudternent AApearit Inw%clteed.
if direct biNnt is requested, a completed trwidrt apalkitlor muAr. be subm'tted to ottr Accounting eM to 3o alys pMOr eo tAQ achedulsd 4ancaon for
,pprovol. Once abprown. payment is required upan rncelpt of billing statemarll. To ge/ifly for direct billing, your AJnftlen must hive it rr;n;nxrr err
V.000.10 in food and b!v!?ale or a group Mean (10) or mors tleeplnt roars In ont nllght
A. All barques checks muot be ifVW by the person !n vlarp. or I drslgnstsd roprra itnave At the completion cf bttd,'Sno*n. Arty discrrpAnc;n in
cairns or 0ar6es ]houid be Identified and resolued or that dma,
9. A dcaoait Is regtllred for sN morinlftocle( Anrions upon cipina of #V eo"rion. Dapove r"Wriornarim tans basod on requested spo%te. Ai dcpcslrz
arc ndrrt:furtlabltt based on canceilatJon dwdalines.
11), epvment ,s duc in fill three !.I) days prior to alt catslr'nig 9,nceom and it :aead or. arlmated revCnilot. A credit card number must be on tale for Any
remalnlnj balance
i I . Guest acmes, to be rooponsloia for arc dlemag% done to die "ern ces or any other part or the romvention cantor and the hotel during the time of via
ducat'. ateandtee or Invitees,;
12. The hoed wIII not atoms gv?ponabdrgr for chmagics or loss deny merchltndlte or artlcl:s udt In the Convention center or the hotel prior to, during,
?f 0? nalOwlAt the pxron's funiMan(e). Th. Guest mty raquast finwea Wur,ty when rarteble merchandise or exl•ibha arr. dlaplay.d +as the Guests
/, W4;l")a),
?. T?w bas-4 "I'quira trial lips or banners rot be dlaplr(red A+ pvblk a-Gas of the horal or convendon center, upigie, otherwise specfred. Hotel
pertannd will waist the sum Wight hanging I'Vb tar banner) ;n the ataigred mtetfna rooTS. NI decorniora must be approved by the cs Mmyg office
prior she the surceion, There wHi be a 9IOOAO deonlnl two for di!teer or oche- tens drat will owe damrage tp Our linens. tee, Cpar }lama tahdla will
no, permitted,
14. Guest M rerpon olbie for all errs mvill m end all mupe-lim 7I aniPalnl materials, rrtrchan4ist elthlblta and any o?wtr ;tame teland from thn eenuonvion
renter and the 4wal. The hotel rnuot be ndotted In ad• fine v' ;Nppin6 am.ng!mentc ,o unions, proper aeeaparsca of t?aec Items arriving at the hrrm.
Shlpmcnt& will be racrfved no wsora than three (3) cars prior cc the funttlan dpre. pacy,Igat received aarflar then 3 days arlor to d r rlmcsbn will br
hlb)act :e A -TAG M tmnYe f?! per day
I AI! Worst. sat... elty and munkspnl o-' ,l tip; and terv',ce charAat applleabk w this Rmcaon are in addition to the prier set ronlt on the front of this
Aere.nent (ornate the proper tare is Indltetard on t,5e f4 arts side} end shell be pflld by the truest in accordance vrl-h the prymaetc policy sec fbnh in chit
rg+acmane.
16. This : ilsirnant !r conalryort upon the abib4r of Cf,e honer tc ow4orrn Ira tidlganon hereunder, and it subject to strikes. lobar clewes. etc'.16crl
blackars or thonayes, darnagv or destructlon of the hotel, acm deno or ocher cowas bayand the hotel's, Carr-rol, in no rv-pr )tpl hotel be Itall td
lglest heyand the i mormt.pald bey atuesr. for the tae of reams and'uncaon ,vacn retervad. If the function scare reserved hues, cannot be made
availab'¦ to the duos; 1,wel! •iMr qs the right to sub" WW. Comparable ac:ommodatlon; for the tunc;lon, which wbaclaatlon )half br dotr.vd by the
juel: is full pi:r!orrnantxa Ar ler this adreemeNnt. MOtel'e dlsrraoun as to comparability of occornmodaclorig ghslr be tilhdn' on guolt
Ctrrtnt Srlrtlturs /-
X C.?'et Date!
?1.?ut A
08/09/2005 06:19 717-763-1204 RADISSON PENN HARRIS PAGE 11/13
95/10/276176 11: ad fll - Ibdt ali r...?ao??, .?..• .? -
Rooms t0
Rates 9 , 0 B 00
* The amore raced do not Include the 6% PA Occupancy Tart or 2% County Tax
.81112SENywMa N r OSM0 hits:
It Is understood vInt your hotel neseervadons will be made via. Individual Cnll-In. RESERVATIONS
MUST BE RECEIVED BY Oi:UM Please advise the Suit= that the Raditsaon's worldwide reservation
number is (800) 333-3333. Our direct property number is (717) 763.7117. "AII reservations that
include a Friday or Saturday night stay must be guaranteed with a credit card, advance deposit or
company guarantee (direct bill),
Chack•In is after 3:00pm ----•-Check-out is by I I:00am
It Is understood that your payment machod will bQ guest Papa all of own charges.
The following is an outline of your group's function space requirements. Please review it, and note any
correctlonc. Any sdgnNldnt changes in this outline may alter other terms of this agmement; A Rrdlsron
Catering Sales Manager will be In contact with you prior to your trent to finalize all arrangwrients. Also
note that meeting roars vsslgmnerrts are subject to chengs and are not gtuarvatteea.
Our Catering Departrtuart will be contacting you to assist in planning the menus for your event (if they
apply). Catering menu prices cannot be confirmed until six (6) months prior to your function oid are
Subject to a 6;; sales tax and an 10% service charge. Attendance Fuarantaes must be givers JeWiuda
days prior w your function. The Radisson vAll prepare for 5% above the guaranteed number.
QQrenteez may acE be ad=d after balm ai&niued, and incrtrases in guaranteed number will be accepted
upon availability. For events for which no guarantee is provided, the planned attendance figures will be
considered the guarantee, It Is Wissan policy not to Permit, food or here es to be brought Into
function rooms or ho!pItryhy su From outside the hotel. In addition, strict compiUnce wid, aN oral
liquor laws is required. Function roar-M-1 irt• hold open Dnly during the hours indicated in this aSreermnt
or on the updated Banquet Event Order.
.MILT I AMP MW"'
08/09/2005 06:19 717-763-1204
,ir;,+!H/2E105 11:13 '17-763-7120
. ? 1
RADISSON PENN HARRIS
?(Liu AJDid9 i4L --
PAGE 12/13
Ouet to IimltwJ storage, paclalgas dlrat„od to your group will be accepted only three (3) days prior ro
your group's fmmnt. TN.- lkzdl.sson will r.ot assume any responsibility for damage or bas of merchandise
sent for storage purposes. Please notify the Raciltson of rhipplt%g arrangements. The address on
ahipmenw must sire your groups name, in care cif a Radl9son sales or aterhg represerimthrt's name,
return addrose. and elate of your g-oup's gent. Arrange:mnr rt must be made co ship paclgges within 48
hours afrer the meeting ends. The Radiason is not rinponaikrle for packaging any materials.
&A L!k!LT LQN..VQ Llg-:Y--'
Tiw o3ncellarion ov* ar event (functiw arrangements) will result in the fallowing:
S;C-kc l o-ey.
0-3 ,rtondn priar NP payrnent of otthm%ed revmmos of andre convwt
:4 nsWJhs prior IN pgmaat el tadmartet rrtonuat of artist Contract
6.9 ntonft pmr-• 50% payment cf asamated rmnues of enure contract
°-12 Mant.hs prIvr 23% paymont of estitnated rwartaac of anrke comfaet
Theme will be no guestroorn cancellation charge for reservations cancelled forty-eight (46) hours in
advance If r eservaoone are not cancelled forty-eight ('8) hours In adwncm, a "no-show" flee, equal co
one nights row and tax charges. will be assessed.
The Radlsson's performance of this A.,greernent will be released by Acts of God, fire: war government
regulation, disaster, or a dmilar cause beyond the control of the Ra.d:sson to Accontrnodate your group's
r,rent or provide the facilirr. Neither a chair of ownrirtehip or managemant of the U&ssson. nor a
change in management of your group. shall! relieve either party of the rrasponsibillties and obligations of
this Agreen,wnt, This Agreement may Dc terminated by mutual convent. ar any time. Such consent shall
be in writing and signed by both parties to this Agreement.
A3.4llSasl?
Any controveriy or claim arising cut of or relating to this A6rvoment, or the breach thereof, shall be
settled by arbkration in 111-risbuI-X, PannsrlVania, In accordance with the Commercial Arbitraticn Rules
or the American Arbitration Association. Any judgement upon the award rendered by the Arbitrator(s)
may be enterttd in any court having jurisdiction thereof,
P NM,IT14M1? QF ACCEPTANCE:
Guestrooms arid function space are being held for your group prndtnir ycur slpned :onpnriawn. To confirm
your arrangements with the Radisson, please sign ;And return to the Radisson ore copy o' this
Tyree menk by Tue-IdW, MY-1 T. OW Should another group approach the Radisson prior to this
date, with lira Inrent to bock guest roornr or function space on the proposed dux of your group's
event. your group will have a 72 hour right of first refusal. At that time, your group has the option to
confirm your acerrinmodations whh Ow Radlsmn or to relapse the space and room block Chet the
Radissurs is holdirS for your group. If thk Agreement 1s nox rrcelyed by the due dote referenced above, the
Radisson reserver the right to release your growp's space.
08/09/2005 06:19 717-763-1204 RADISSON PENN HARRIS
or,i i e/20.35 3.1:44 717-76'3-7129 Kai„oou..a••. ?_,
Radisson Penn Urri&-M2td
& CQav_aDEo-n-CSQtem
gye Y . C.W\P
Sandy A. pe, CMP Vt
Director of Sales A Msriceting
Dated: Tuesday, May 10, 2005
PAGE 13/13
flan inp ??a:
x Bye . ,?a?rn?c ?c?t..c??
brgarrimationlGrcup: Nigerian /Association of South Central PA
Date:
Selling Arrongwmonts (please check the epproWnte box);
Q Direct Bill Please be advised, a completed direct bill application must
be received wlrh your sued contract. Refer to payrnem armngaments
clause in above contract.
? Credit Card Refer to payment arrangements clause In above contract
o Cash or Check Payment, in M. must he received 72 hours prior to your
function start date.
5
or
Special Guest: May Stephen Reed
(Mayor of Harrisburg)
Date: Saturday, October 1, 2005
Place: Radisson Pen Harris Convention Center, Camp Hill, PA
Portions of Proceeds to benefit
NIGERIAN COMMUNITY CULTURAL CENTER
Reception:7:OOPM Dinner:8:OOPM
Dinner entrees include Nigerian variety and American Selections
Contact: 717-763-7117 Donation: $45/Person
2005 - Alfred Uzokwc productions
Exl;vUlt ?
Office of the Mayor
The City of Harrisburg
M.L.K. City,Government Center
10 North Second Street
Harrisburg, PA 17101-1678
Stephen R. Reed
Mayor
December 4, 2007
To Whom It May Concern In the Matter of
Nigerian Association of South Central
Pennsylvania vs. Penn Harris Radisson
(717) 255-3040
This serves to verify and affirm that I was the keynote
speaker for the Nigerian Ass ciation of Central Pennsylvania
banquet held October 1, 200rv at the Penn Harris Radisson Hotel and
Convention Center, an evening event.
During the dinner program, including while speaking from
a mircophone and amplified system connected to the speaker podium
at the Hotel, there were multiple times that there was interruption
by very loud noise from an adjoining event, where amplified music
was being played. During some of these interruptions, it was not
possible to be heard in the room being used by the Nigerian Associa-
tion and we therefore had to pause until the noise abated to a lower
level, allowing resumption of the speaking portions of the program.
Mayor Stephen R. Reed
rs
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FILEt --CIF ICE
OF THE I?? "'oiARY
2008 JAN -8 AM 11: 22
HNNSYLVAfli?,
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF D 1 •,? ? -1 ; ss
AFFIDAVIT. I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas (8-63 upon the District Justice designated therein on
(date of service) ( 20 D g' ? by personal service by (certified) (registered) mail,
senders receipt atta ed hereto, and upon the appellee, (name) 0. "LSD n 4cw y,jr&+ , on
d e
? (certifie
0 ,20 ? ? by personal service gistered)
sender' receipt attached hereto.
(SWOR (AFFIRMED) AN SUBSCRIBED BEFORE ME LI - ?
THIS DAY OF , 20 CS' - ? . , 11
Signature of afBant
ature of official before whom affidavr s made
Title of official
My commiMMaxpWEALTH OF PENNSYLVANIA 20
N Notarial Seal
I. Shambaugh, Notary public
L?I!en Twp., Cumberland County
Tnission Expires Dec. 19, 20M
Mer, Pennsylvania Association of Notaries
i
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
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.
rwnnc yr rv'ruw?, inv. uw,. m/. yr v.?.
NlPC.( ) 4AaU .4.. A! 4, (o.t,.I 14A {) 2;1 ?t'tIC".,
C - aAx 1 0 -"Ctkb"
1?-I'+io q
C.. V - C:10 o 019-1 - 07
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
i L5 a?
evI -1? • CI',
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Soft w or FroV-W y «DepAy
?c°
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fort 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 upon appeilee(s), to file a complaint in this appeal
Name of epp9096(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature ofappeft#-a#--y aragent
RULE: To , appellee(s)
Nerna of OPP~
(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 youby.0ersonal 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: 1 Q . 2001
SfgnOWO of Prothonotary -Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRAMSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY
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: sbankoRmargolisedelstein.com
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NIGERIAN SOCIETY OF SOUTH
CENTRAL PENNSYLVANIA, DOCKET NO. 08-63
Plaintiff
CIVIL ACTION - LAW
V.
RADISSON PENN HARRIS HOTEL & JURY TRIAL DEMANDED
CONVENTION CENTER,
Defendant
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Kindly enter my appearance on behalf of Defendant, Radisson Penn
Harris Hotel & Convention Center, in the above-captioned matter.
LIS EDELSTEIN
Date: r (? By: _ [SY h
ESAPqEN L. BANKO, JR.
Att nev for Defendant
V.
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 m it at Camp Hill,
Pennsylvania, first-class postage prepaid, on the _&ay of ,
2000, and addressed as follows:
Nigerian Society of S. Central PA
c/o Raphael Chieke
P.O. Box 10
Harrisburg, PA 17108
(Plaintiff)
A " M_ AULqWff/vu
Angela V. Gayman, Secreta
-r?
r ,,a ,, ij?s1
t
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: sbankodmargolisedelstein.com
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NIGERIAN SOCIETY OF SOUTH
CENTRAL PENNSYLVANIA, DOCKET NO. 08-63
Plaintiff
CIVIL ACTION - LAW
V.
RADISSON PENN HARRIS HOTEL & JURY TRIAL DEMANDED
CONVENTION CENTER,
Defendant
NOTICE TO PLEAD
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.
OLIS EDELSTEIN
Date: 211414
By:
STEP EN/L. BANKO, JR.
Attorn for 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
F-mail- shankn0marnolisedalstein_com
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NIGERIAN SOCIETY OF SOUTH
CENTRAL PENNSYLVANIA, DOCKET NO. 08-63
Plaintiff
CIVIL ACTION - LAW
V.
RADISSON PENN HARRIS HOTEL & JURY TRIAL DEMANDED
CONVENTION CENTER,
Defendant
P L iARY OBJECTIONS OF IEFENDAMT, RAOISwSOK &
CONVENTION CENTER, TO PLAINTIFF'S COMPLAINT
A. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(2)
1. Plaintiff originally filed an action before the Honorable Magisterial District
Judge Dougherty making essentially the same allegations contained in this Complaint.
2. Judge Dougherty dismissed Plaintiff's Complaint, without prejudice.
3. Although no judgment was entered upon Plaintiff's Complaint before the
Honorable Magisterial District Judge Dougherty, Plaintiff filed an Appeal to this Honorable
Court which was docketed on January 4, 2008. A copy of the Complaint, which apparently
was attached to the Notice of Appeal from District Justice Judgment, was never served
upon Defendant or its counsel.
2
4. The instant action is one of two which has been filed by Plaintiff against
Defendant and the fact that Plaintiff had attached to the Notice of Appeal but not served
the Complaint came to light in connection with the second action, not at issue herein.
5. Accordingly, counsel for Defendant wrote to Plaintiff by letter dated
February 11, 2008, indicating that once the Complaint had been properly served, a
response would be filed.
6. Counsel for Defendant was served with a copy of the Complaint in an
undated letter from Sherri D. Coover, Esquire which was received on Wednesday, March
5, 2008.
7. Plaintiff's Complaint appears to be based upon the terms of a written
contract between Plaintiff and Defendant. A copy of Plaintiff's Complaint is attached
hereto, incorporated herein by reference and marked as Exhibit A.
8. Plaintiff alleges that on or about May 31, 2005, the parties entered into a
written contract which was attached to the Complaint as Exhibit A.
9. The contract was for an event to be held by Plaintiff at Defendant's facility
on October 1, 2005.
10. Plaintiff further alleges that Defendant breached the contract by permitting
excessive levels of noise to emanate from an adjoining reception thereby causing loss to
Plaintiff in its fund-raising efforts.
11. Despite the fact that the Complaint essentially is one for breach of
contract, Plaintiff makes a claim for negligence.
12. Pa.R.C.P. No. 1028(a)(2) provides that preliminary objections may be filed
for the failure of a pleading to conform to law or rule of court.
3
13. It is believed and therefore averred that the "gist of the action doctrine"
prohibits a plaintiff from recasting a simple breach of contract action into a tort action.
14. Therefore, it is believed that Plaintiff's attempt to recast a claim for breach
of contract into a tort action fails to conform to rule of law and, therefore, such claim is
properly stricken.
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center, prays
this Honorable Court enter an order pursuant to Pa.R.C.P. No. 1028(a)(2) striking Plaintiff's
claims for negligence in accordance with the gist of the action doctrine.
B. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(2)
15. The averments contained in paragraphs 1 through 14 hereof are
incorporated herein by reference as if set forth in their entirety.
16. Pa.R.C.P. No. 1018.1 provides in pertinent part:
Every complaint filed by a plaintiff ... shall begin with a notice to
defend in substantially the form set forth in subdivision (b). No other
notice to plead to a complaint shall be required.
17. Plaintiffs Complaint fails to comply with the requirements of Pa.R.C.P.
No. 1018.1 as it is not endorsed with the required Notice to Plead.
18. Accordingly, Plaintiffs Complaint is properly stricken for failure to conform
to law or rule of court in accordance with Pa.R.C.P. No. 1028(a)(2).
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center, prays
this Honorable Court enter an order striking Plaintiffs Complaint for failure to comply with
the requirements of Pa.R.C.P. No. 1018.1 pursuant to Pa.R.C.P. No. 1028(a)(2).
4
C. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(2)
19. The averments contained in paragraphs 1 through 18 hereof are
incorporated herein by reference as if set forth in their entirety.
20. In paragraph 19e of the Complaint, Plaintiff alleges that Defendant;
"Failed to otherwise exercise due care with respect to the matters alleged in this
complaint."
21. It is submitted that the aforesaid allegation is nothing more than a
boilerplate allegation of negligence which, if permitted to stand, may be amplified to include
a new cause of action after the applicable statute of limitations has expired.
22. It is believed and therefore averred that such boilerplate allegation of
negligence fails to comply with Pennsylvania law and, therefore, is properly stricken
pursuant to Pa.R.C.P. No. 1028(a)(2).
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center, prays
this Honorable Court enter an order pursuant to Pa.R.C.P. No. 1028(a)(2) striking
paragraph 19e of Plaintiff's Complaint as a boilerplate allegation of negligence.
D. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(2)
23. The averments contained in paragraphs 1 through 22 hereof are
incorporated herein by reference as if set forth in their entirety.
24. In the prayer for relief, Plaintiff prays for a judgment in excess of $20,000
together with punitive damages, also in excess of $20,000, and any further relief that this
court considers proper.
5
25. It is believed and therefore averred that in the context of either garden
variety negligence or in a breach of contract claim, a claim for punitive damages does not
lie and such is properly stricken pursuant to Pa.R.C.P. No. 1028(a)(2).
26. Additionally, with respect to its claim for punitive damages, Plaintiff has failed
to allege that any conduct on the part of Defendant was outrageous, in bad faith, involved
evil motive or otherwise was in reckless disregard of the rights of Plaintiff as required by
Pennsylvania law.
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center, prays
this Honorable Court enter an order striking Plaintiff's claim for punitive damages pursuant
to Pa.R.C.P. No. 1028(a)(2).
E. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(2)
27. The averments contained in paragraphs 1 through 26 hereof are
incorporated herein by reference as if set forth in their entirety.
28. Pursuant to Pa.R.C.P.M.D.J. No. 1005D:
The party filing a complaint under Rule 1004 shall forthwith serve it
upon the opposite party in the appeal by leaving a copy for or mailing
a copy at his address as shown in the magisterial district judge
records mentioned in sudivision A of this rule. If the opposite party
has an attorney of record either in the magisterial district judge or
court of common pleas proceeding, service upon the opposite party
may be made upon the attorney of record instead of upon the
opposite party personally.
29. At all times relevant hereto, Plaintiff was aware that Defendant was
represented by the undersigned counsel who had entered his appearance both before
Magisterial District Judge Dougherty and in this Honorable Court.
6
Exkj?,4
68 - &
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
Clerk of Court
Appellee's Address:
Radisson Hotel & Convention Center
1150 Camp Hill By-pass
Camp-Hill, PA 17011
In the Court of Common Pleas for the State of Pennsylvania, County of Cumberland
Nigerian Society of South
Central Pennsylvania, Plaintiff Case No
Pro Se
Civil Complaint for Damages
Vs (Negligence)
Jury Trial Demanded
Radisson Hotel & Convention
Center, Camp Hill, PA, 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. r? o
2. Plaintiff is an association of professional Nigerian immigrants residing in So`?-tth F;;
Central Pennsylvania. c
Defendant, Radisson Hotel & Convention Center is a Corporation, is now and at a1P'_ >
i?fl
times mentioned in this complaint, is a corporation organized and existing nrider tl?@
laws of the State of Pennsylvania, with its primary place of business in Campi`#-lill n
Cumberland County, Pennsylvania. -'
Plaintiff sues this defendant for the following reasons:
1. On or about May 31, 2005, Plaintiff contracted expressively and or by implication
with Defendant to host a fund raising campaign and annual Independence
celebration at the Defendant's hotel (Exhibit A). The event was to take place on
October 1, 2005.
2. Exhibit A which is a Defendant generated document is one-sided in that it only
states the responsibilities of the Plaintiff, but failed to state the responsibilities of
the Defendant with respect to the contract between the parties.
3. Plaintiff paid Defendant approximately $6,000.00 for rental of space, catering,
safety and services to the Defendant. Plaintiff also had other expenses in
preparation for this event (Exhibit B).
4. Plaintiff was to occupy one portion in the ballroom of the Defendant's Convention
Center.
5. Defendant guaranteed Plaintiff one portion of the ballroom, including peace and
tranquility during the occasion.
6. Defendant informed Plaintiff that the other portion of its ballroom would be used
for another unrelated function and that the function would not interfere with the
Plaintiffs activities.
7. Plaintiff relied on the assurances of the Defendant and proceeded to host its
event at the defendant's ballroom on October 1, 2005.
8. In the middle of its event, just before the main event (the Keynote Speech by the
Honorable Mayor Stephen Reed of Harrisburg) terrible noise of rock music from
a Rock Band emanated from the adjoining ballroom function. (Exhibit C, a letter
from Mayor Reed attesting to this noise)
9. Plaintiff immediately reported the noise to Defendant's Management to which it
offered apologies but failed to curtail the noise.
10. The noise became louder and began to create disruption which adversely
affected Plaintiffs Fund Raising event. The Keynote Speech could not be heard
by the attending guests due to the noise. Guests became frustrated, and began
to leave. And those coming to the event were told that the event was disruptive,
and they turned away.
11. Plaintiff reported the continued disruption three to five times to Defendant's,
management, asking it to control the noise, but to no avail.
12. Plaintiff invited approximately 200 people to the event; 150 of whom were in
attendance at the time of the noise and disruption became disenchanted,
throwing the event into a pandemonium. As a result of the disruption, many of
those in attendance began to leave, and those who were on their way to the
event were told that the event was disruptive and they turned away. Wherefore,
the event became a total flop.
13. Plaintiff expected, and was entitled to accommodation, peace and tranquility
which would be appropriate and conducive to the Fund Raising and Independent
Anniversary event it planned. Plaintiff had no prior indication or warning that a
live Rock Band would be located in an adjoining room. This is not only a direct
breach of contract, but is a gross negligence by the Defendant
14. Plaintiff had a similar fund raising event at the Defendant's on or about July 23,
2005 in which it invited 150 people and raised over $15, 000.00. This amount is
over and above its expenditures of about $8,000.00.
15. The October 1, 2005 event was a total flop, subjecting the Plaintiff to a loss of
more than $8, 000.00 in expenses plus a potential to raise at least $20, 000.00 at -
the event.
16. Defendant did nothing the night of the event to control or mitigate the noise.
17. Plaintiff duly registered protests of the noise to Defendant's Management, and it
did nothing.
18. Defendant owed a duty of care and service to the Plaintiff. The Defendant
breached that duty, and as a result, Plaintiff suffered a loss.
19. Defendant, as owner and operator of the hotel, or as the case may be,
negligently:
a. Failed to maintain an environment and accommodations which would be
appropriate and conducive to the event that the Plaintiff planned.
b. Failed to warn Plaintiff specifically of the noise.
c. Failed to control the noise after it was so notified three to five times.
d. Failed to provide services for which it was contracted and paid.
e. Failed to otherwise exercise due care with respect to the matters alleged
in this complaint.
20. As a further direct and proximate result of the negligence of Defendant as set
forth above, Plaintiff sustained a loss in excess of $20,000.00. 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.
21. Plaintiff believes there is an inherent duty of care, service, 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.
22. The 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 $20,000.00.
WHEREFORE, Plaintiff prays or judgment against Defendant in excess of $20,000.00,
Court cost, and punitive da ag sin ex of $20,000.00, and any further relief that
the Court considers prope
Sig ure, Dat
Plaintiffs: Raphael K. Chieke
Emile Iberedem
P.O. Box 10
Harrisburg, PA 17108
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, Camp Hill, PA,
Defendant
VERIFICATION
We, Emile Iberedem and Raphael K. Chieke, are Plaintiffs in the above-entitled
action.. We have read the foregoing Complaint and know the contents thereof.
The same is true of our own knowledge, except as to those matters which are
therein alleged on information and belief, and as to those matters, we believe to
be true.
We declare under penalty of perjury the foregoing is true and correct and that this
declaration was executed in Harrisburg, Dauphin County, Pennsylvania.
Date :•` v
Date Gu
Emile Iberedem
:/2005 1143 7177-763-7120 RAD1515ON SALES Cie1 PAGE 98/eS
CONTRACr TERMS
Aft rnmv ateeulons should be subrnktre to w" eataring oincew.enty-one (] l) dlyr prior to the sttcdtaled ev*.K Moue consult -c1 roar horel
convict for additional, granters maw ideas. Many prices veld at guersn+ood six mats prior cc d+e funcdan dace. hlnlmum foot end brmrsf-e
sharps[ e0 not mtksde dtaae sales test of 6`,L, lor-Ace of I tort, renal of wtSo-visual atiu!p"m or try x mNaml ttpanst incurred by cv G rota.
a. A rbul guarantee of Ule number of acmdNS ti: any geaA-irg funtUOn n+uA+ be received 7 business date prior to rho event Gwranttru ore not tuGtct
to r4tiv lore. 'n a gtraranceu is not receivtd at the apir4r'att tome. i s num,.bcr expeaed would be used et In. 11-a1 tuaraniee and emrtea will be
made secordingly.
:. Function rooms lira littitned at the sine of The booking oesed upon no estim3rwJ ne.mbe? or persons at auendtnM The Rsd%so n Po-nn Hsrr.d Hotel
_ -- _ -_ _ JI?ConteenaetiCeruct ?eserxcs?ur'rJ+t_to.?asal?6+oc:soaooart?sss??wpar.??.iastr?r?rsdd?et o1 psfsons-U?ttpn?nso_ -- --- - - - - - -
d. All 7ncollavanc must be raserb•ed by the hotel -r wrlvng, Iron- ire guess F.-%nu ctneelled snd rebchequled Irtmedattly ail' bF VVVr' r•prcui
eewmidrpdon, In the event a' a aneel'itelom the foll ovvinx guidelnes gppiy;
CAMA' jAAX P1J:AI MxLQrLrlf.Nli
44 mort*2 p'tor Peril pap+lurt of tudrrtt:cd revenues
34 roonehe prio? ?$%ptlennetttef "u-heed revenues
6.4 rhorrths prfcr 10% vier r.ar ; oil es" iced revenues
9-11 rnasntM poor fntMk O"cV, or I3 : ptyment of etdmatad rwsimain
z. Guest epee: a berm Its ftrtaton prarnydy a cbM !cheduled mnv s:nd :he star, its lvwndacs or invkan agree w veca:e the deft-w"=4 function :Facts
ac the dosing hour odtcawd, ;n the swear ora settstdlt!e charge by the lgrese sit the nlnr of the "c lan. the ouess rwst -onuct the eacNing *Mcc ;ts$
who vrit rnattq every ir!ort tD h-SJmmodatti the schatiult ftf% jot.
6. AU food and beverage items mitt be prepared by hazel penla" tt: !asters and mW.t&h quality control. No food and bwerilge Item% of %my Iond are
permitted zo W. b-ati t Wits the !+etel Rmctlon smec by it o Guar: or w7one avcwvd)ng the every- unleae otherwise spetiAed by the howl. As a liquor
krcnsgc in :ho Comma.-edd+of pettrtsylvan a, we are reopw*4k for Ito sties er:d virvice of or and tit elcaWlt: be!verairm In awwaince w1th loctd
and save law. It it emu poky ton all sleehotc bevwrgo IA4 lwophed by [tie heal The hotel rtgwkm proper IdeelMksoori of anv person of
Suestlorttble cgs. The hotel cart. se+d will. refuse ateonallo bewrra4w seance to any Guest Miss: does not Mere proper Ideutedkaden or to Orly pa-son.
who. In thv Hotel's luckement appears IneoiGrsteed.
7. If 4irteet bitling Is reaoaterd, t completed tredtt apsslksdOr morals to euben'essl to our aecadntlnZ asMte 30 slays prior w rho ad»dulad Sancben for
nppronl. Once awro-ma. payment Is required upan rt!ceapt of blmng statement. To "fly for direct binir4 your tinctlen meat have it nrin;Mw of
i I.000M to food and bewage or a grtsup Af lien (10) or montr gipping rowris in once nlghe
8. All berqust chWo muse be sljMo by the person !n 01f1} or A drsignait!d reprr+seytaeeve At the emFlotion a slid, Uxtign. My dilcntppndes in
counts or t+tat6ela should be Identified and rtrsolwtd jr: Out tines
9. A dcpoilt Is required for it courinWsocial ftru-Jxis upon sighing of Ow eontlut tkpwie requkarnenet an baled on nquelmd ap!ste. Al depcslo
stc ronrOwrilable lapsed an cementation xurdahrieL
10. esrntant -s due In fit! three ;11 dzys prior to pit Cate" Arimlons and is :tied or; eedmated rtwenuct. A creek cord r twits r m.tr ba on 410.f of any
ramalnlnS balance
i l . Guest, atrium so ba rasepanslbk for lily da mates done to dx premots or any other ?art or the convention center And the hotel during the time of tnt
guest ataaondtes or hMnep .
1 The Noes! wl;l not assume rrwsponoblir/ for clatinn" or lass or arty meretwAtilge or erdchs tale In tie eomwnt;on wirer or she hotel prior to, during,
o? eaxlewtng Cho. patron's functlon(e). The fittest rni,• request privwe tatuhty when variable merchandise or exHl tts arc d splayed Via: the Guest':
?xP?ftaeJ,
13. The hotel sector" this tigns or banners not bo dlspl" R,6 prbac a-eat of one hotel or commendon center, unless otherwise specified. Hanel
pergenriei win galst tM guatt vrsdl hang)n6 sfEts dr b?Merl ;n tit ssirRred nlaeting roo+++ NI decorriora must b7i gip:. --: bl dre Git"lli f oNl:p
brlor ee the unction. There will be a 1100.40 denring few for g1!esier or oche- eem [:Mat will awe dsnllgie w Our 4nenu. ate, Opal' nano tholes twit
no, p'rmlccat
14. Gusts is reliporrible ror all aarraretevvwwv end all wxpe,"m of 3h4ortt eneteriols, traathsnMtt. a lftlu and any o1w ;ternt co and from this eetweren
center and the hosol. -The hat al must be notched M advance -Y :Nppbn j arrtnaeJMent; :o snare proper acceptance of tMse Items arriving e: the ha»ti
!rtpmeats will be reetr}ved no mare then three (3) dayz prior ca dot function dote. FaChIgee re MVW earflar then 3 days orb; to d•e Amcdon weal by
Iobject :e a !120.00 gwrip ft! M dal.
1 ?. Al! 1`001`21. teat:. cut? an4 munkiptd thew, ups and service Charges 0pplleetb4t to dye ftsnetsert art In Addltipn to the prices sec,'omit on the front of this
as-Banc (tet!ag due proper trot to Indicted on ale h alts side) +snd "I be quad by the gust In accordance wt:b the wMem patty sec f arth in thug
rtirsemdne.
I b. This agnt iment !: continent uport the ab;btsr of the haws to uar(orrn Ira t6liptian hereunder, snd ;t subiwa to strikes Ipbar dsputtes. etatt,icrl
bagckotrg; or thc_rAVL dafnag, or dl&V%.Mtion of the hate), scd4ente or other causes beyond %4c hot-As cart rol, in no "c sfpt 10tat be ll Nit to
fiuesc Itwyahd the pmoynt.pald by guest for.dw we of rooms and fsrtmon :.sae reserved It the furcdon state reserved hprW etnnot be inade
-44Ab'e :o the V'mR tom; ew„M the right to wbultvft comparable setommodetion; for the function, whi h wbsdwdon ftH be dotmed by the
user is NO pi:eorrnsnue -al:der the alreen+en;. Hotel's dtteredon u tts compsrabdky of Accommodations tilt bit titrans enguast
X rent iffuturs YYLVC• '..??•. Dot[ /4r t J 1/??`? .
1
U.t7/ 07/ LOU-r ov. a j t a r r 0.7-a cuv
95/1B?8i76 11:4j /1 /-Ib.l-: 11t, r.«•aia7??+ ••?.?
• t
* The above rat" do not Inchide. tin 6% PIS Occupancy Tax or 7% County Tax
,? • . •
It Is understood d?st your hotel roar-adons will be made via Individual Cali-In. RESERVATIONS
MUST K RECENED BrMQ3,T,AS Please advise the guests that the Radicson's worldwide reservation
number is (WO) 333-3333. Our direct property number is (717) 763.7117. '/All reservations that
include a Friday or Saturday night stay must be guaranteed with a credit card, advance deposit or
company, guarantee (direct biRj.
Chock-In h after 3:06prn --Check-out is by I I :OOam
J??T1iE?.?Bfl1Al?CsfBiJ ENTS•
It is understood chat your payment method will be Guest Pays all of awn charges.
AG 61ditld??
The following is an oud;ne of your group's function space requirements. Please review It. and note any
corrections. Any tigpNlant changes in this outr'me may stater other terms of this agmement. A Radlason
Catering Sales Manager will be In contact with you prior to your Brent to fiiaidite ell arrangrmwnts. Aho
note that meeting roorn ettlilpments are subject to eh,engm and ore not gwcavg elf
Our Catering Departrwrrt will be cwmctIng you to assist in planning the menus for hour event (if they
apply). Catsrint mere, prices cannot be confimvd until six (6) rrrtho prior to your ?+Jli_ a.-,d eie
subject to a 0; ides tax and an 18% service charge, Attendance guaranta es must be given ?ejkW=
days prior to your Iuncc'ion. The Radisson will prepare for 5% abover the guaranteed number:
9kagntees- may not he a ted?r be/nr submitted, and increases in guaranteed nL?nbsr will be accepted
upon alvallablilty. For events for which no guerantee is provided. the planned attiandance figures will by
considered the guarantee. It Is Radisson policy not to permit food or beverages to be brought Into
function rooms or hospitality suaea tram outside the how. In addition. otr a cempillncc rricl? alocsl
liquor laws is required. Function roorni ra hold open only during the hours indicated in thin aSreer-eat
ur on the updamd Banquet F-trm Order.
"jLTR GS AN HEALL,
-- Jr'?:) N/2EtD5 11 ?3 '1 + - 763' 7 1 •).t3 rcuvia5L..h ..?? .
but' ILI limitwi storVp, paclalgas directed tc your group will be accepted only three (3) days prior to
your g'roup's rmnt. The Rar} %Lon will P. it assume any rmponaibility for damage or bas of merchandise
- - - - - - - - - -cent-for?corage-pu?pnacs_ Plraase ^?thR.dadltton of3hipplh= zrrangements The addraas on - - -
shipment: must stare your gr•aup's name. in care of a Udlsson salas or catering represencatAie's Warne,
return addrase. and rate of your group's event. Arrangtmnntt nx,st be made to ship packaes within 48
hours af'er the meeting ends. The Radisson is not responsible for packaging any materials.
&A Ll1A?QSt.1QL1QY-*
Tne oancelllsriOrl a W1.. event (furiction arnnpry%tots) will result in the folk?wingr
SaaCdaA.gr, S3!Ktiksiaa&?iataes
0.3 rnondn prur Ful pia mcm of Wirmud revwwas of ondre eonwaa
:..r, rnorMs prior TSli Payma?t of atlmnted rr. reeuas of entire contrut
4.9 nx n+M price 3" pay?x of numawd rtwnues of on-ire for rust
°-12 months prior U% pMym}ntaf eaeimatod ?"hosi A'f Ondre Confre[e
Thee will bt no guasrrOOM cancellation charge for ruarvaSons cancelled forty-eight (18) hours in
advance. If rews-vations arc not cancelled forty-eight (48) hou rs in Ydvance, a "no-show' fee, equal co
ona night's, room and tax charges. will be assessed.
? WIQH.*
The Radlaaon's performance of this Agrcearwnc will be rekissed by Acts o[ God. Are: war governn,e!nt
regulation, disaster, or a drnllar cause beyond the control of the flad:sson to accon+rnodate your group's
rvent or provide the facility. Neither a change of ownerahlp or w4n.agemwm of the !R Won. nor a
change in management of your group. shag relieve either party of the ropontibillties and obligations of
this Agreement. TW3 Agreement may be terminated by mutual consent at any time. Such consent shall
be in writing and signed by both'p'rties to this Agreement.
AR MATLOW.
Any controveny or claim arising out of or rotating to this A6reernenr; or the breach thereof, shall be
setdod by yrbtziation In Hl-risburg, Pennsylvania, in accordance with the Cornnrercal Arfd:tM6cn Rules
of the Arnerican Arbitration AsmKiatlon. Any judgement upon the award rendered by the Arbitrator(s)
may be enterod m any court fining Jurisdiction thereof,
?ONDtT14M? d? ACtCEPTAMCE:
Guastrooms and J rrctlon apace alto being held for your group pendfrig ycur rlgned :on(irmavan. To confirm
your arrangements wick the Radisson. please sign gnd return to the Radisson one copy o` this
Agreement br Tuee{gx Y 7. OOft, Should a. iothcr group. approach the Radisson prior us this
date, with the Intent to book guest roornr or function space on the pmpoaed date of your group's
event your group will have a 72 hour right of first refusal. At that time, your group has the option to
coiArm your acrnrnmodations with cis Radlsson or to ralonse The spate a. d room block that the
Radisson is holding for Your group. q rhk Agreement is not received by the due date: referenced eboer, the
Rod irson reseryar the right to Memo your groups space:
8H/09/2000 Ob:11 /1/-/b.S-1[!2y rcNNLaa.nl 1 uM-4 1-
a5/15/25M 11:43 717-763-7120
• , .
Sisson Penn_ Hvris Hal
. & Conir On Center
--- - - --? -. - gip- - -- - -- - - - -- - - -- - - - -
------------------- ------ gy_---
Sandp A. p+e CMP
Director of Sales & Hw*eting
Dated: Tuesday. May 10, 2005
Manning 904L1Qs
x Bye r,?rrtc
Organiaation/Group: Nigerian Association of South Centre! PA
Biking Arronsements (p/egce check the opproWnte box):
n Direct Bill Please be advised,' complewd direct bill application must
be received wkh your sig ed contract. Refer to payment arrangements
clause in above contract.
o Credo Card ReFer to payment arrangements clause in above contract
o Cash or Check Payment, In full, must be received 72 hour: prior to your
Function start date.
S
.j
Special Guest: Mayor Stephen Reed
(Mayor of Harrisburg)
Date: Saturday, October 1, 2005
Place: Radisson Pen Harris Convention Center, Camp Hill, PA
Portions of Proceeds to benefit
NIGERIAN COMMUNITY CULTURAL. CENTER
Reception:7:00PM Dinner:8:00PM
Dinner entrees include Nigerian variety and American Selections
Contact: 717-763-7117 Donation: $45/Person
2005 - Alfred Uzokwe productions
Exl;vUlt ?3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NIGERIAN SOCIETY OF SOUTH
CENTRAL PENNSYLVANIA, DOCKET NO. 08-63
Plaintiff
CIVIL ACTION - LAW
V.
RADISSON HOTEL & CONVENTION JURY TRIAL DEMANDED
CENTER,
Defendant
ORDER
AND NOW, this day of
, 2008, upon
consideration of the Preliminary Objections of Defendant and Plaintiff's Response thereto,
IT IS HEREBY ORDERED AND DECREED that Plaintiff's Complaint is stricken, with
prejudice, pursuant to Pa. R.C.P. No. 1028(a)(2) for failure to comply with the requirements
of service as set forth in Pa.R.C.P.M.D.J. No. 1005.D.
BY THE COURT:
J.
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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
PRAECIPE TO ENTER ATTORNEY APPEARANCE
To the Clerk:
Kindly enter my appearance on behalf of the Plaintiff, Nigerian Society of South
Central Pennsylvania.
submitted,
? heri IT Coover, Esquire
Attorney ID 93285
1133 Pheasant Drive North
Carlisle, PA 17013
{ %
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 l la' day of June, 2008, I
ed,
wire
Attorney ID 93285
4311 N. Sixth Street
Harrisburg, PA 17110
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
Re c y sub
n . Coover, Esquire
!P
,? no
n
tY ? M T
7 ?I" j
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. 08-0063
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 facisimile
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NIGERIAN SOCIETY OF SOUTH CIVIL ACTION AT LAW
CENTRAL PENNSYLVANIA, Case No. 08-0063
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.
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 May 31, 2005, Plaintiff entered into a written contract with
the Defendant to rent a portion of the ballroom of the Defendant's hotel for the purpose
of hosting a fund-raising campaign and annual Independence celebration. See Exhibit A,
Contract.
6. Plaintiff also incurred other expenses in preparation for the event which
was to be held on October 1, 2005.
7. In exchange for the consideration provided by the Plaintiff, Defendant
guaranteed to Plaintiff the right to enjoy a portion of the ballroom and that the Plaintiff
could hold the planned event without interruption.
8. At the time that the parties entered into the contract, Defendant informed
the Plaintiff that the other portion of the ballroom was being rented to another party for
an unrelated function and that the function would not interfere with the Plaintiffs
activities.
9. Based upon the assertions made by the Defendant, the Plaintiff agreed to
enter into the contract for the rental of the ballroom for the purpose of hosting the event
and provided the Defendant with a payment of approximately $6,000.00 for the rental of
space, catering, safety and services to the Defendant. See, Exhibit B.
10. The Plaintiff made arrangements for the Honorable Mayor Stephen Reed
of Harrisburg to give the Keynote Speech.
11. The Plaintiff invited around 200 people to the event, of which 150 were in
attendance.
12. In the middle of the event, just before Reed's speech was scheduled to
begin, extremely loud rock music from a band emanated from the adjoining ballroom
function. See, Exhibit C, Letter from Mayor Reed.
13. Agents of the Plaintiff immediately reported the interruption that was
being caused to Plaintiff's event to agents of the Defendant, which failed to take any
action to curtail the noise which was causing the disturbance.
14. The Keynote Speech could not be heard by the attending guests due to the
noise from the loud rock music from the band that emanated from the adjoining ballroom
function.
15. The guests of Plaintiff's event became frustrated because they could not
hear the Keynote Speech and left the event early.
16. Several guests who had planned on arriving at the event late were
informed of the disruption and left the event without entering.
17. Agents of the Plaintiff reported the disruption to agents of the Defendant
several times, but Defendant's management failed to take any actions to control the noise
or disruption being caused to the Plaintiff s event.
18. Previous similar events that had been held by the Plaintiff generated
$20,000.00 in fund-raising income.
19. As a result of the disruptive noise, the Plaintiff incurred a loss of
$8,000.00 in expenses and lost at least $20,000.00 in potential fund-raising.
COUNT ONE - PLAINTIFF'S CLAIM FOR BREACH OF CONTRACT
AGAINST DEFENDANT
20. Plaintiff incorporates paragraphs 1 through 19 as contained above herein
in their entirety.
21. The Defendant contracted with the Plaintiff to provide the Plaintiff with
the use and possession of rental space at the Defendant's hotel with which the Plaintiff
could hold an event.
22. Due to the loud music that was emanating from the other half of the
ballroom, the Defendant effectively failed to allow the Plaintiff use and possession of the
rental space that it contracted to provide to the Plaintiff.
23. The Defendant breached the contract it entered into with the Plaintiff by
failing to effectively failing to allow the Plaintiff use and possession of the rental space
that it contracted to provide to the Plaintiff.
24. Defendant failed to maintain an environment and accommodation which
would be appropriate for the Plaintiff s event.
25. Defendant failed to warn the Plaintiff about the noise caused by the other
guests of the Defendant and failed to give the Plaintiff proper warning which would have
allowed the Plaintiff to make other accommodations.
26. By effectively failing to allow the Plaintiff use and possession of the rental
space that it contracted to provide to the Plaintiff, the Defendant breached the contract
that it entered into with the Plaintiff.
27. As a direct result of the Defendant's breach of contract, the Plaintiffs
event was not successful and failed to generate any fund-raising monies.
28. As a direct result of the Defendant's breach of contract, the Plaintiff
incurred losses of $28,000 which represents $8,000.00 in expenses that the Plaintiff
incurred to host the event and $20,000 in anticipated fund-raising monies.
WHEREFORE, Plaintiff respectfully requests that this Court grant judgment in
their favor and against Defendants in the amount of $28,000 to compensate for the
Defendant's breach of contract, along with Court costs, attorney fees and all other relief
that this Court deems to be just and proper.
submitted,
Si ri D. Coover, Esquire
Attorney ID 93285
4311 N. Sixth Street
Harrisburg, PA 17110
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
VERIFICATION
1, Raphael K. Chieke, as a representative of the Nigerian Society of South Central
Pennsylvania and authorized agent of that organization, do hereby state and affirm that
the information contained m the foregoing AMENDED COMPLAINT is true and correct
to the best of my knowledge, information and belief which has been formed by
statements and information imparted to me by the Defendant. I understand that any false
statements contained herein may be subject to civil and criminal penalties under
Pennsylvania state law as well as federal law.
Date:
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. 08-0063
V.
RADISSON PENN HARRIS HOTEL &
CONVENTION CENTER,
Defendant
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certify that on this I Ph 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
K ri 17. Coover, Esquire
Aftorney ID 93285
4311 N. Sixth Street
Harrisburg, PA 17110
C
c
= .
.r "TJ
CJ:
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: sbankoO-margolisedelstein.com
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NIGERIAN SOCIETY OF SOUTH
CENTRAL PENNSYLVANIA, DOCKET NO. 08-63
Plaintiff
CIVIL ACTION - LAW
V.
RADISSON PENN HARRIS HOTEL & JURY TRIAL DEMANDED
CONVENTION CENTER,
Defendant
NOTICE TO PLEAD
TO: Nigerian Society of S. Central PA
c/o Sheri D. Coover, Esquire
4311 N. Sixth Street
Harrisburg, PA 17110
(Counsel For 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.
OLIS EDELSTEIN
Date: "7 l By:
t , VI/ ?
N 11. BANKO, JR.
Atto ev for 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
C _...?H QLanlrnriifm2mnliaarlalcfain_cnm
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NIGERIAN SOCIETY OF SOUTH
CENTRAL PENNSYLVANIA, DOCKET NO. 08-63
Plaintiff
CIVIL ACTION - LAW
V.
RADISSON PENN HARRIS HOTEL & JURY TRIAL DEMANDED
CONVENTION CENTER,
Defendant
06JECT1ONS OF DEF WANT, RAs: .
F116*01L C0110401ITtON CENTER, TO PL 't MF S fit
A. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(21
1. Plaintiff originally filed an action before the Honorable Magisterial District
Judge Dougherty.
2. Judge Dougherty dismissed Plaintiff's Complaint, without prejudice.
3. Although no judgment was entered upon Plaintiff's Complaint before the
Honorable Magisterial District Judge Dougherty, Plaintiff filed an Appeal to this Honorable
Court which was docketed on January 4, 2008. A copy of the original Complaint, which
apparently was attached to the Notice of Appeal from District Justice Judgment, was never
served upon Defendant or its counsel.
2
4. The instant action is one of two which have been filed by Plaintiff against
Defendant and the fact that Plaintiff had attached to the Notice of Appeal but not served
the Complaint came to light in connection with the second action, not at issue herein.
5. Accordingly, counsel for Defendant wrote to Plaintiff by letter dated
February 11, 2008, indicating that once the Complaint had been properly served, a
response would be filed.
6. Counsel for Defendant was served with a copy of the Complaint in an
undated letter from Sheri D. Coover, Esquire which was received on Wednesday, March
5, 2008.
7. Given numerous deficiencies in the original Complaint, Defendant filed
and served Preliminary Objections on or about March 16, 2008.
8. Despite the fact that Pa. R.C.P. No. 1028(c)(1) provides that:
A party may file an amended pleading as of course within twenty days
after service of the copy of Preliminary Objections. If the party has
field an amended pleading as of course, the Preliminary Objections
to the original pleading shall be deemed moot.
Plaintiff did not respond to the Preliminary Objections, but, rather, filed an Amended
Complaint on or about January 11, 2008, nearly two and one half (2 '/2) months after the
time to do so. A copy of the Amended Complaint, which was served upon counsel for
Defendant by regular mail on or about June 12, 2008, is attached hereto, incorporated
herein by reference and marked as Exhibit A.
9. Pa.R.C.P. No. 1028(a)(2) provides that preliminary objections may be filed
for the failure of a pleading to conform to law or rule of court.
3
10. Plaintiff's Amended Complaint fails to conform to rule of law and otherwise
comply with Pa. R.C.P. No. 1028(c)(1) as it was filed more than three months after
Defendant had filed Preliminary Objections to Plaintiffs original Complaint.
11. By letter dated June 12, 2008, counsel for Defendant wrote to Plaintiffs
counsel regarding deficiencies with regard to the Amended Complaint. Despite that
correspondence being sent by facsimile transmission and that counsel for Defendant
placed two voicemail messages to Plaintiffs counsel, Plaintiffs counsel has never
responded to defense counsel's letter of June 12, 2008, nor has she saw fit to return the
voicemail messages. A copy of said letter is attached hereto, incorporated herein by
reference and marked as Exhibit B.
12. Therefore, Defendant has no other alternative but to file the instant
Preliminary Objections to the Amended Complaint.
13. Plaintiff s Amended Complaint is properly stricken pursuant to Pa.R.C.P. No.
1028(a)(2) for failure to comply with Pa. R.C.P. No. 1028(c)(1).
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center, prays
this Honorable Court enter an order pursuant to Pa. R.C.P. No. 1028(a)(2) striking
Plaintiffs Amended Complaint for failure to comply with Pa. R.C.P. No. 1028(c)(1).
B. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(2)
14. The averments contained in paragraphs 1 through 13 hereof are
incorporated herein by reference as if set forth in their entirety.
15. In Count I of Plaintiffs Amended Complaint, Plaintiff alleges breach of
contract. Plaintiff alleges in paragraph 5 of its Complaint that on or around May 31, 2005,
4
Plaintiff entered into a written contract with Defendant. Despite the fact that it was
represented that the contract was attached as an exhibit, such contract was not attached
and, therefore, Plaintiff has failed to comply with the requirements of Pa.R.C. P. No. 1019(i)
which provides:
When a claim or defense is based upon a writing, the pleader shall attach a
copy of the writing or the material part thereof.
16. Plaintiff s failure to comply with the requirements of Pa. R.C.P. No. 1019(i)
is a basis to strike Plaintiff's Amended Complaint pursuant to Pa. R.C.P. No. 1028(a)(2)
for failure to comply to law or rule of court.
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center, prays
this Honorable Court enter an order striking Plaintiff's Amended Complaint pursuant to Pa.
R.C.P. No. 1028(a)(2) for failure to comply with Pa. R.C.P. No. 1019(i).
C. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(2)
17. The averments contained in paragraphs 1 through 16 hereof are
incorporated herein by reference as if set forth in their entirety.
18. In Plaintiff's prayer for relief, Plaintiff prays for, inter alia, attorneys' fees.
Pennsylvania follows the "American Rule" and does not permit the recovery of counsel fees
from an adverse party in the absence of a statutory provision or an agreement between the
parties. See Corace v. Balint, 418 Pa. 262, 210A.2d 882 (1965).
19. Nowhere in the Amended Complaint does Plaintiff allege a contractual or
statutory provision under which attorneys' fees would be permitted in the context of this
action for breach of contract.
5
20. Accordingly, such claim for attorneys' fees fails to conform to rule of law and,
therefore, is properly stricken pursuant to Pa. R.C.P. No. 1028(a)(2).
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center, prays
this Honorable Court enter an order striking Plaintiffs claim for attorneys' fees pursuant to
Pa. R.C.P. No. 1028(a)(2).
D. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE -
PA.R.C.P. NO. 1028(a)(2)
21. The averments contained in paragraphs 1 through 20 hereof are
incorporated herein by reference as if set forth in their entirety.
22. Despite the fact that Plaintiff has purportedly filed an Amended Complaint,
such Amended Complaint, being properly stricken, is not in compliance with Pa. R.C.P. No.
1028(c)(1).
23. It is further believed and therefore averred that Plaintiffs original Complaint
and Amended Complaint are properly stricken pursuant to Pa.R.C.P.M.D.J. No. 1005D
which provides:
The party filing a complaint under Rule 1004 shall forthwith serve it
upon the opposite party in the appeal by leaving a copy for or mailing
a copy at his address as shown in the magisterial district judge
records mentioned in sudivision A of this rule. If the opposite party
has an attorney of record either in the magisterial district judge or
court of common pleas proceeding, service upon the opposite party
may be made upon the attorney of record instead of upon the
opposite party personally.
24. At all times relevant hereto, Plaintiff was aware that Defendant was
represented by the undersigned counsel who had entered his appearance both before
Magisterial District Judge Dougherty and in this Honorable Court.
6
25. Despite the requirement that the Complaint be served "forthwith," no
attempt was ever made to serve the original Complaint upon Defendant or its counsel until
it was received by counsel on March 5, 2008, two months after it was filed.
26. Accordingly, it is believed and therefore averred that Plaintiffs Appeal is
properly stricken pursuant to Pa.R.C.P. No. 1028(a)(2) for failure to comply with the
requirements of Pa.R.C.P.M.D.J. No. 1005.D.
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center, prays
this Honorable Court enter an order striking Plaintiffs Complaint pursuant to Pa.R.C.P. No.
1028(a)(2) for failure to comply with the requirements of Pa.R.C.P.M.D.J. No. 1005.D.
RENSE EDELSTEIN
Date: l ? BY: ZS BANKO, JR.
Attorney for Defendant
I CERMCATE OF SEE
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 t5i_ day of J1.b
2008, and addressed as follows:
Sheri D. Coover, Esquire
4311 N. Sixth Street
Harrisburg, PA 17110
(Counsel for Plaintiff)
Angela M. Gayman, Secret44
8
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
NOTICE TO DEFEND
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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 INFORMATTON 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
?m
-a
a
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. 08-0063
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.
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 May 31, 2005, Plaintiff entered into a written contract with
the Defendant to rent a portion of the ballroom of the Defendant's hotel for the purpose
of hosting a fund-raising campaign and annual Independence celebration. See Exhibit A,
Contract.
6. Plaintiff also incurred other expenses in preparation for the event which
was to be held on October 1, 2005.
7. In exchange for the consideration provided by the Plaintiff, Defendant
guaranteed to Plaintiff the right to enjoy a portion of the ballroom and that the Plaintiff
could hold the planned event without interruption.
8. At the time that the parties entered into the contract, Defendant informed
the Plaintiff that the other portion of the ballroom was being rented to another party for
an unrelated function and that the function would not interfere with the Plaintiff's
activities.
9. Based upon the assertions made by the Defendant, the Plaintiff agreed to
enter into the contract for the rental of the ballroom for the purpose of hosting the event
and provided the Defendant with a payment of approximately $6,000.00 for the rental of
space, catering, safety and services to the Defendant. See, Exhibit B.
10. The Plaintiff made arrangements for the Honorable Mayor Stephen Reed
of Harrisburg to give the Keynote Speech.
11. The Plaintiff invited around 200 people to the event, of which 150 were in
attendance.
12. In the middle of the event, just before Reed's speech was scheduled to
begin, extremely loud rock music from a band emanated from the adjoining ballroom
function. See, Exhibit C, Letter from Mayor Reed.
13. Agents of the Plaintiff immediately reported the interruption that was
being caused to Plaintiffs event to agents of the Defendant, which failed to take any
action to curtail the noise which was causing the disturbance.
14. The Keynote Speech could not be heard by the attending guests due to the
noise from the loud rock music from the band that emanated from the adjoining ballroom
function.
15. The guests of Plaintiffs event became frustrated because they could not
hear the Keynote Speech and left the event early.
16. Several guests who had planned on arriving at the event late were
informed of the disruption and left the event without entering.
17. Agents of the Plaintiff reported the disruption to agents of the Defendant
several times, but Defendant's management failed to take any actions to control the noise
or disruption being caused to the Plaintiff s event.
18. Previous similar events that had been held by the Plaintiff generated
$20,000.00 in fund-raising income.
19. As a result of the disruptive noise, the Plaintiff incurred a loss of
$8,000.00 in expenses and lost at least $20,000.00 in potential fund-raising.
COUNT ONE - PLAINTIFF'S CLAIM FOR BREACH OF CONTRACT
AGAINST DEFENDANT
20. Plaintiff incorporates paragraphs 1 through 19 as contained above herein
in their entirety.
21. The Defendant contracted with the Plaintiff to provide the Plaintiff with
the use and possession of rental space at the Defendant's hotel with which the Plaintiff
could hold an event.
22. Due to the loud music that was emanating from the other half of the
ballroom, the Defendant effectively failed to allow the Plaintiff use and possession of the
rental space that it contracted to provide to the Plaintiff.
23. The Defendant breached the contract it entered into with the Plaintiff by
failing to effectively failing to allow the Plaintiff use and possession of the rental space
that it contracted to provide to the Plaintiff.
24. Defendant failed to maintain an environment and accommodation which
would be appropriate for the Plaintiffs event.
25. Defendant failed to warn the Plaintiff about the, noise caused by the other
guests of the Defendant and failed to give the Plaintiff proper warning which would have
allowed the Plaintiff to make other accommodations.
26. By effectively failing to allow the Plaintiff use and possession of the rental
space that it contracted to provide to the Plaintiff, the Defendant breached the contract
that it entered into with the Plaintiff.
27. As a direct result of the Defendant's breach of contract, the Plaintiff's
event was not successful and failed to generate any fund-raising monies.
28. As a direct result of the Defendant's breach of contract, the Plaintiff
incurred losses of $28,000 which represents $8,000.00 in expenses that the Plaintiff
incurred to host the event and $20,000 in anticipated fund-raising monies.
WHEREFORE, Plaintiff respectfully requests that this Court grant judgment in
their favor and against Defendants in the amount of $28,000 to compensate for the
Defendant's breach of contract, along with Court costs, attorney fees and all other relief
that this Court deems to be just and proper.
submitted,
S . Coover, Esquire
A rney ID 93285
4311 N. Sixth Street
Harrisburg, PA 17110
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. 08-0063
V.
RADISSON PENN HARRIS HOTEL &
CONVENTION CENTER,
Defendant
VERIFICATION
I, Raphael K. Chieke, as a representative of the Nigerian Society of South Central
Pennsylvania and authorized agent of that organization, do hereby state and affizm that
the information contained in the foregoing AMENDED COMPLAINT is true and correct
to the best of my knowledge, information and belief which has been formed by
statements and information imparted to me by the Defendant. I understand that any false
statements contained herein may be subject to civil and criminal penalties under
Pennsylvania state law as well as federal law.
Date:
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. 08-0063
Plaintiff
V.
RADISSON PENN HARRIS HOTEL &
CONVENTION CENTER,
Defendant
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certify that on this 11h 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
Res y bmitted,
en D. Coover, Esquire
Attorney ID 93285
4311 N. Sixth Street
Harrisburg, PA 17110
ATTORNEYS AT LAW Writer: Stephen L Banko, Jr., Esquire**
www.margolisedelstein.com Dkect Dial: (717)760-7501
E-Mail: sbankoLDmaroolisedelstein.com
HARRISBURG OFFICE:*
3510 TRINDLE ROAD
CAMP HILL, PA 17011 June 12, 2008
717-975-8114
FAX 717-975-8124
Sheri D. Coover, Esquire
4311 N. Sixth Street
PHILADELPHIA OFFICE:*
THE CURTIS CENTER, 4TH FLOOR Harrisburg, PA 17110
601 WALNUT STREET via facsimile 717-229-9400
INDEPENDENCE SQUARE WEST
PHILADELPHIA, PA 19106-3304
215-922-1100
Re: Nigerian Society of South Central PA v. Radisson
FAX 215-922-1772
FAX
Cumberland CCP: 08-0063
PITTSBURGH OFFICE: 41001
4-00016
Our File No
625 WILLIAM PENN PLACE .
.
SUITE 3300
PITTSBURGH, PA 15219
Dear Ms
Coover:
412-281-4266 .
FAX 412-642-2380
SCRANTON OFFICE: I am in receipt of your client's Amended Complaint in the
220 PENN AVENUE above-captioned action. The Amended Complaint references
SUITE 305
SCRANTON, PA 18503 Exhibits A and B, neither of which were attached to the Complaint.
570-342-4231 Please provide a copy of these exhibits at your earliest possible
FAX 570-342-4841 convenience.
CENTRAL PENNSYLVANIA OFFICE:
P.O. Box 628
HOLLIDAYSBURG, PA 16648 Additionally, in the prayer for relief, your client seeks
81"95-6064
attorneys' fees. I believe that such are not camPensable under
FAX 814-6695- 95-5066
SOUTH NEW JERSEY OFFICE:* Pennsylvania Law and in context of a breach of contract action
SENTRY OFFICE PLAZA absent a contractual or statutory provision which permits the
216 HADDON AVENUE, 2ND FLOOR recovery of such fees. Please let me know whether you are willing
P.O. Box 92222
WESTMONT, NJ 08108 to stipulate to the removal of attorneys' fees from the Complaint. If
856-858-7200 not, I will file Preliminary Objections to the claim for attomeys' fees.
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:
750 SHIPYARD DRIVE
SUITE 102
WILMINGTON, DE 19801
302-888-1112
FAX 302-888-1119
I await your response.
SLBJr./amg
Jr.
* MEMBER OF THE HARMONIE GROUP
1-1 --- -11- ....1 v1VV .LT mn I1VVLIV LULL.?1L111
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TRANSMISSION OK
TX/RX NO
RECIPIENT ADDRESS
DESTINATION ID
ST. TIME
TIME USE
PAGES SENT
RESULT
0588
17172219400p11111
08/12 15:40
00'15
OK
ATTORNEYS AT LAW
www.fftergolisedelstein.com
HARRISBURG OFFICE:*
3510 TmNDLE ROAD
CAMP HILL, PA 17011
717.975-5714
FAX 717.975-6124
PHILADELPHIA OFFICE.*
THE CURTIS CENtER, 4TH FLOOR
801 WALNUT STREET
INDEPENDENCE SOUARE WEST
PHII,AOELPHIA, PA 19106-3304
215-922-1100
FAX 215.922.1772
PITTSBURGH OFFICE:
626 WILLIAM PFNN PLACE
SUITE 3300
PITTSBURGH, PA 15219
412-281-4256
FAX 412-642-2360
SCRANTON OFFICE:
220 PENN AVENUE
SUITE 306
SCRANTON, PA 18503
870.3424231
FAX 870-3A2-"A I
CENTRAL PENNSYLVANIA OFFICE:
R0, BOX 028
HOLLIDAYSBURG, PA 18648
81"95-506A
FAX 814-095.5000
SOUTH NEW JERSEY OFFICE:
$ENTRY OFFICE PLAZA
216 HADOON AVENUE, 2ND FLOOR
P.O. BOX 92222
WESTMONT, NJ 08108
050056,7200
FAX 856-868-1017
Willer: Stephen L. Sanke. Jr., Esquim -
Qired Dial: (717)760-7501
E-Mall; sbankoilliMmWisedelstein.g9m
June 12, 2008
Sheri D. Coover, Esquire
4311 N. Sixth Street
Harrisburg, PA 17110
via facsimile 717-221-9400
Re: Nigerian Society of South Central PA v. Radieson
Cumberland CCP: 08-0063
Our File No. 41001.4-00016
Dear Ms. Coover:
I am in receipt of your client's Amended Complaint in the
above-captioned action. The Amended Complaint references
Exhibits A and B, neither of which were attached to the Complaint.
Please provide a copy of these exhibits at your earliest possible
convenience.
Additionally, in the prayer for relief, your client seeks
attorneys' fees. I believe that such are not compenseble under
Pennsylvania Law and in context of a breach of contract action
absent a contractual or statutory provision which permits the
recovery of such fees. Please let me know whether you are willing
to stipulate to the removal of attomeys' fees from the Complaint. If
not, I will file Preliminary Objections to the claim for attomeys' fees.
NORTH NEW JERSEY OFFICE: I await your response.
CONNELL CORPORATE CENTER
THREE HUNDRED CONNELL DRIvc
Su11E 6200
A esvs. ev Vc.rure 1.1 l A1ne./
1-\n /-)
?_ i ^f f
J
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. 08-0063
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 INFORMATTON 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 facisimile
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NIGERIAN SOCIETY OF SOUTH
CENTRAL PENNSYLVANIA,
Plaintiff
: CIVIL ACTION AT LAW
: Case No. 08-0063
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.
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 May 31, 2005, Plaintiff entered into a written contract with
the Defendant to rent a portion of the ballroom of the Defendant's hotel for the purpose
of hosting a fund-raising campaign and annual Independence celebration. See Exhibit A,
Contract.
6. Plaintiff also incurred other expenses in preparation for the event which
was to be held on October 1, 2005.
7. In exchange for the consideration provided by the Plaintiff, Defendant
guaranteed to Plaintiff the right to enjoy a portion of the ballroom and that the Plaintiff
could hold the planned event without interruption.
8. At the time that the parties entered into the contract, Defendant informed
the Plaintiff that the other portion of the ballroom was being rented to another party for
an unrelated function and that the function would not interfere with the Plaintiff's
activities.
9. Based upon the assertions made by the Defendant, the Plaintiff agreed to
enter into the contract for the rental of the ballroom for the purpose of hosting the event
and provided the Defendant with a payment of approximately $6,000.00 for the rental of
space, catering, safety and services to the Defendant. See, Exhibit A.
10. The Plaintiff made arrangements for the Honorable Mayor Stephen Reed
of Harrisburg to give the Keynote Speech.
11. The Plaintiff invited around 200 people to the event, of which 150 were in
attendance.
12. In the middle of the event, just before Reed's speech was scheduled to
begin, extremely loud rock music from a band emanated from the adjoining ballroom
function. See, Exhibit C, Letter from Mayor Reed.
13. Agents of the Plaintiff immediately reported the interruption that was
being caused to Plaintiffs event to agents of the Defendant, which failed to take any
action to curtail the noise which was causing the disturbance.
14. The Keynote Speech could not be heard by the attending guests due to the
noise from the loud rock music from the band that emanated from the adjoining ballroom
function.
15. The guests of Plaintiffs event became frustrated because they could not
hear the Keynote Speech and left the event early.
16. Several guests who had planned on arriving at the event late were
informed of the disruption and left the event without entering.
17. Agents of the Plaintiff reported the disruption to agents of the Defendant
several times, but Defendant's management failed to take any actions to control the noise
or disruption being caused to the Plaintiff's event.
18. Previous similar events that had been held by the Plaintiff generated
$20,000.00 in fund-raising income.
19. As a result of the disruptive noise, the Plaintiff incurred a loss of
$8,004.00 in expenses and lost at least $20,000.00 in potential fund-raising.
COUNT ONE - PLAINTIFF'S CLAW FOR BREACH OF CONTRACT
AGAINST DEFENDANT
20. Plaintiff incorporates paragraphs 1 through 19 as contained above herein
in their entirety.
21. The Defendant contracted with the Plaintiff to provide the Plaintiff with
the use and possession of rental space at the Defendant's hotel with which the Plaintiff
could hold an event.
22. Due to the loud music that was emanating from the other half of the
ballroom, the Defendant effectively failed to allow the Plaintiff use and possession of the
rental space that it contracted to provide to the Plaintiff.
23. The Defendant breached the contract it entered into with the Plaintiff by
failing to effectively failing to allow the Plaintiff use and possession of the rental space
that it contracted to provide to the Plaintiff.
24. Defendant failed to maintain an environment and accommodation which
would be appropriate for the Plaintiff's event.
25. Defendant failed to warn the Plaintiff about the noise caused by the other
guests of the Defendant and failed to give the Plaintiff proper warning which would have
allowed the Plaintiff to make other accommodations.
26. By effectively failing to allow the Plaintiff use and possession of the rental
space that it contracted to provide to the Plaintiff, the Defendant breached the contract
that it entered into with the Plaintiff.
27. As a direct result of the Defendant's breach of contract, the Plaintiff's
event was not successful and failed to generate any fund-raising monies.
28. As a direct result of the Defendant's breach of contract, the Plaintiff
incurred losses of $28,000 which represents $8,000.00 in expenses that the Plaintiff
incurred to host the event and $20,000 in anticipated fund-raising monies.
WHEREFORE, Plaintiff respectfully requests that this Court grant judgment in
their favor and against Defendants in the amount of $28,000 to compensate for the
Defendant's breach of contract, along with Court costs and all other relief that this Court
deems to be just and proper.
Wri D. Coover, Esquire
Attorney ID 93285
4311 N. Sixth Street
Harrisburg, PA 17110
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. 08-0063
v.
RADISSON PENN HARRIS HOTEL &
CONVENTION CENTER,
Defendant
VITRIFICATION
I, Raphael K. Chieke, as a representative of the Nigerian Society of South Central
Pennsylvania and authorized agent of that organization, do hereby state and affirm that
the information contained in the foregoing AMENDED COMPLAINT is true and correct
to the best of my knowledge, information and belief which has been formed by
statements and information imparted to me by the Defendant. I understand that any false
statements contained herein may be subject to civil and criminal penalties under
Pennsylvania state law as well as federal law.
Date:
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. 08-0063
V.
RADISSON PENN HARRIS HOTEL &
CONVENTION CENTER,
Defendant
CERTIFICATE OF SERVICE
I, Sheri D. Coover, Esquire hereby certify that on this 14'b day of July, 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
Re tfully submitted,
11)Coover, Esquire
ttorney ID 93285
4311 N. Sixth Street
Harrisburg, PA 17110
98/09/2095 06:19 717-763-1204 RADISSW PENN HARRIS PAGE 06/13
: 2005 11,d3 717-763-7176 E'tFtDIS;yC>M 5ALL5 Wj f PAGE 08/Be
. CCy 4TRACT TERMS
A(( rnrnu aetacttons WSetAd be wbrnknit to e,e tato." oftooTvrenty-one (11) drys prw dA the Id:Cd4fed eYe-A ?kUv torah 40 ra'il' hFA4
coinset for additional. creative menar Meas. Many ante; -411 oe lWan ood fix Monde pnar to d1e function date, hU1MWfn food and beverlg,
ch;rias cu not include atace swat lost of 6%, lorvlce of 1114, renvd of waoaviwal oqu!pmvt or dry addMond eteprta ;ncurr4d by tae ,rots
A. A Ibtal guarantee of tilt number -3f sksendeea r any aeoi`rig funtuen mint be reteii od 3 batinvos days prior to the c... Guaranteed am not sutlect
to rodugtan. 'f a juaranceu is t,ot rteeltied at the spp;?apr.ate too. d'e nun-6pr expv¢ed would be used ea t1n.1111 guwanw &Arps wla be
mr,de occordinily.
:. Function rooms art =signed at the nine of th. booking tasted upon c,e estirnatrJ as mba• arpersom in atsendanals Thf Radhsosn Penn Harr.. Meter
A?::s1mricien-cave> teseneeaJfte-dzhe to rajoillo 4aeC'tanpoor?t?krasfud upat+ -A%- Wr2 no rjanbrr of PersonilriJRCOaAwwa. - - --- - - - - - - -
d. Al rAntolac,grllt must be raecwad by the howl, -r wrilml, Irw the tuees•. F.-en" Canc*W Ind rescheouled "n'laaNarcety h,i' ism lien tproal
co-i4fi radon. In the ergo. o' a e¦ncel'.rteJon, the fofoMn!t gurdeinva apply:
?ccatlxAAla F,fOCidtlfi?7SitlLals
40 motnht prior foil payne+t ol wtim=4 rovervot
X6 Mo,dy pr:e? 731t,pr rnillft d ast;?ated reMIues
6.4 months prier 30%i odrr..ent of eatiMsted ron ants
9-11 rnontlo prior rvrtale Oepoc, or 2 ptyment of atirnated rvotmat4
t. Guest egraes ?0 blrln kI kxla,an prentpdy at ?! sch!dulsd pans ontJ :ht gue!eC sa attocr+deM or invltaes agree to nca:e the des4g!l::ce function agate
ac tree desaMg hour,,d,cawd, ;n the nv1.. Ora schedule tharge by the pm. At 'Me'tro! 31VO fWtelldn. ilk jeer, rwt: roneaet the esN•Ing ofice :d1f
who win maa every Olort to accontrnodni the schttiulc tamps.
6. AN load and beverap iw$ imt be prtwe d by hazel pdrlonm it "!u" and wwr ain quality control. No food and b*tgo!w ken; of any bnd are
permlized = bee b -oup lets tint !+atad Iatctlon =cc by lhn GbW- or anyeea attsamgnj the awns unsaid otherwise spetMcd by the hmArl. As a liquor
fcenurc, in :Ile Gm.nw,vre411nof Nnrla/!wn(e, we are respomWor 0o fiat and a'srvlce of any and all nlcoWit beverages, on aaorQance with lotV
4114 tare IA-1. It it 01411' pokey trial all slcaholie baveriog a be fuopleed by 6% hco-l rem hotel rlquh+at Proper blenallcam of W.v Fenton of
gviostsontble sgo. The hotel can. !rid valN. refuse akoholk bewrrs,ls seance w any Quest that chef not him proper ldrluneaoscn or to my PC-son,
who, In the tfowh iuckwovet appe7rs irtw4 eted.
if 4irva billing i$ re"Ited, s complrted credit apolimloar mqm be fubm'tcod to oar accoundrkg aNtd 30 days prior to ehe scheduled . ctnon for
,%W*wal. Once awto"n. slo"ant is required upan ^t!Celpt -Y hldlnj ItAertat4 To qunny for direct blarey, your ti.?atlOn Want have a ,rlnhtyr of
;1.000.411 in food and beverage or a rraup err asn (10) or more chiming room; In ofht rd/flt
A. NI bao:quet eltceler frier, be alglsed by the W,, ton !n oargfi pr I desigrittrd rapr+sa *teave et the C=1:19tion a tad, Woction. Any d'iscr eWc at. in
couna or divgois should be Idandfled and resolved r- that drna
9. A dc"At h regUk ad for all oas*MrWwchl ttr&-JJnl upon erg" of ti,s eonesc% Depoeit regeeneknnti, an bue,d on mliudted %pont. A!I dwcslo
arc roroMtirolatsta based on cancetlsr CWt X4Kklnec
1 f). e*'r"wt .s due In Oil! thrall ;11 dtys prior to alt cater" -`I.A root a!no it +aved or; tadrnaced rertnue;. A credit card nu bar rn%xz be on Cofer any
re;nawng bahnce
i I . Guest ajrom to be rnpontlbts for cry dslrnagrrs dare c'a else Premue; or any otrw part or the convention center Ind the hmi during the time of the
guest atbandtokf or l?te!e
12. The havoi wl:l not mown rapettabbw for ounsips or Iost of any tnerc W10ce or `each: lad! In the eonverstion carter or the hoatl prior ta, durhli,
e? follovant, th! paron't funetlenf.l. The gms miv requet;riuae wuhty when v2rwb4 mimhondbe or exl•ibnot are dfspky'd ?a: the Gmnt'1
"P"141.
11. The lintel re,ehres tint signs or barmen not be dlaplgrA i• pvbut a-ads of the bons or romtlntlon center, urtlaas somwite specfid Notes
penertnd wi'1 awMt ehe jkrset vrsdk hen}}na f11ta Or IatMlert T fns taailjl eel melting •oaTt NI decorsriors mist be w rovted by the enurft ofQce
prior to the function. There will be a I IWM denim lira for gl4ter or oche- over.. tstat wd1 orate damoige to our hnetta. ere. Cpar fltraa twe!las vAll
no: penrdeted.
14. Guest 4 respoinalbie for all err w1' nanctl and all v -pt,p,i of ahipdnt onoterlik, trtschsn&L ehhlba and any, odtrr ;cent to and from this eorwtetten
center and tSo hotel. Tho hoW mutt be net1fled in ae!vince ! r dtippbtg arrcn1 mv= to enan prope• sacgnsnee of tithe Itirms srrmng le the honk:
IrsprnMa will be raeMred no were than ttNoe (1) dot:, prior cc da funeden don. puraLa rKV1 d sarthr then 3 days orlo: to the kincdan w1U be
subject :o it ;30.00 stomp fN pnr dlr.
I ?. 1?t! 1ae:erii. state. city yet alunklpnt stew, tips Ind aervKe tnarjes iWlftlde u IN, ;uneven are in sddwon to else prim sat fo on the front of this
yreenent ("Ut the prepay sue to tndicta.d on ale h ant side) and shell be paid by ;he; W= in accordance wt h the Pvytnemt policy set forth of t'F.It
tgn?teRrdM.
16. This rgreamant tondngem upon the ab;kw of the home to: perform Not eiallgaaan hereunder, and ;t wbina to 1v OL lobar deputes. ate-wicrl
b4eiwtra or thorradet. d>r.ur or desetletten of die hotel. scddensa or ot4er aura beyond a'td hotels va":Pol, in no e,+y+c *111111 'focal be ttat,lt to
'Palm Itorand the ltmwfrtt.peld by guest hr *4 toe of room; and ?krlcdon ;due retie 1''"d. k tan furcdon tease reserved he?yln cannot be madt
awiHeb'a :e ehe guests lots; •elewea rho rlgr,<m rAWW C eam"rabk actommodttoon- for the funcion, whkh rubacitvdon span bt do/rted by the,
!eves; is fbN pr:'orrnvroow -jhly Qvs agrolernent Mixtel's discretion as to compwabdky of PCCOMM043CWO teal, be 5a,d,ng on ginL
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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. 08-63
Plaintiff
CIVIL ACTION - LAW
V.
RADISSON PENN HARRIS HOTEL & JURY TRIAL DEMANDED
CONVENTION 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.
O S EDELSTEIN
Date: ?1( b? By:
E N . BANKO, JR.
Attorney for Defendant
STEPHEN L. BANKO, JR., ESQUIRE
Pa. Supreme Court 1. D. No. 41727
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
Telephone: (717) 760-7501
FAX: (717) 975-8124
E-mail: sbanko(&mareolisedelstein.com
Attorney for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NIGERIAN SOCIETY OF SOUTH
CENTRAL PENNSYLVANIA, DOCKET NO. 08-63
Plaintiff
CIVIL ACTION - LAW
V.
RADISSON PENN HARRIS HOTEL & JURY TRIAL DEMANDED
CONVENTION CENTER,
Defendant
ANSWER AND NEW MATTER OF DEFENDANT, RADISSON PENN HARRIS
HOTEL & CONVENTION CENTER, TO PLAINTIFF'S AMENDED COMPLAINT
1. Denied. As to the structure of the business organization identified as
Plaintiff, after reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of said averments and, therefore, they are denied.
2. Admitted.
3. Admitted.
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.
5. Admitted in part and denied in part. While it is admitted that there was a
written contract between Plaintiff and Defendant for an event to be held at Defendant's
2
facility, is it specifically denied that that contract was entered into on or about May 31,
2005, or that the document attached to Plaintiff's Amended Complaint is the written
contract at issue in this particular case. To the contrary, it is believed and therefore
averred that the document attached to Plaintiff's Amended Complaint is a part of the
contract between the parties for a prior event.
6. 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.
7. Denied. It is specifically denied that "Defendant guaranteed to Plaintiff the
right to enjoy a portion of the ballroom and that the Plaintiff could hold the planned
event without interruption." Plaintiff has failed to attach any writing which sets forth
such guarantee. Moreover, to the extent that a contract for the sale of goods exceeds the
price of $500, such contract must be in writing to satisfy the Statute of Frauds.
8. Denied as stated. As Plaintiff does not identify the individual who,
allegedly on behalf of Defendant, informed Plaintiff of the allegations set forth in this
paragraph of Plaintiff's Amended Complaint, Defendant is unable to admit or deny the
truth of said averments.
9. Denied. The Answer contained in paragraph 5 hereof is incorporated
herein by reference as if set forth in its entirety.
10. 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.
3
11. Denied. The answer contained in paragraph 10 hereof is incorporated
herein by reference as if set forth in its entirety.
12. Denied. Specifically, there is no document labeled Exhibit C attached to
Plaintiff's Complaint.
13. Denied as stated. As Plaintiff has not set forth the identity of the "agents of
Plaintiff" or the "agents of Defendant," Defendant is unable to admit or deny the
allegations contained in this paragraph.
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. Denied. The Answer contained in paragraph 14 hereof is incorporated
herein by reference as if set forth in its entirety.
16. Denied. The Answer contained in paragraph 14 hereof is incorporated
herein by reference as if set forth in its entirety.
17. Denied. The Answer contained in paragraph 13 hereof is incorporated
herein by reference as if set forth in its entirety.
18. 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.
19. 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.
4
COUNT ONE - PLAINTIFF'S CLAIM FOR BREACH OF CONTRACT
AGAINST DEFENDANT
20. The Answers contained in paragraphs 1 through 19 hereof are incorporated
herein by reference as if set forth in their entirety.
21. Admitted.
22. Denied. The Answers contained in paragraphs 7, 8 and 12-17 are
incorporated herein by reference as if set forth in their entirety.
23. Denied. The allegations contained in this paragraph state a legal
conclusion to which no response is necessary.
24. Denied. The allegations contained in this paragraph state a legal
conclusion to which no response is necessary. By way of further answer, the Answers
contained in paragraphs 10-17 hereof are incorporated herein by reference as if set forth
in their entirety.
25. Denied. The Answers contained in paragraphs 1 through 24 hereof are
incorporated herein by reference as if set forth in their entirety.
26. Denied. The Answers contained in paragraphs 23 and 25 hereof are
incorporated herein by reference as if set forth in their entirety.
27. Denied. The Answers contained in paragraphs 26 and 19 hereof are
incorporated herein by reference as if set forth in their entirety.
28. Denied. The Answer contained in paragraph 27 hereof is
incorporated herein by reference as if set forth in its entirety.
5
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center,
demands judgment in its favor and against Plaintiff.
NEW MATTER
29. The Answers contained in paragraphs 1 through 28 hereof are incorporated
herein by reference as if set forth in their entirety.
30. Plaintiff has failed to mitigate its damages, if any.
31. Plaintiff has failed to comply with the Statute of Frauds and does not set
forth the precise written contract between Plaintiff and Defendant which allegedly
exceeded the value of $500.
WHEREFORE, Defendant, Radisson Penn Harris Hotel & Convention Center,
demands judgment in its favor and against Plaintiff.
ZEMMAARVwO S EDELSTEIN
Date: By:
L. BANKO, JR.
Attorney for Defendant
6
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: 1 D D r-Ix LZ/
Mr. Thomas Dickert, General Manager
for Radisson Convention Center
I 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 1 0_day of 2008,
and addressed as follows:
Sheri D. Coover, Esquire
44 S. Hanover Street
Carlisle, PA 17013
(Counsel for Plaintiff)
An*aM ayma n, Secret y
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