HomeMy WebLinkAbout04-1657 Court of Common Pleas of Washington County
Commonwealth of Pennsylvania
Full Docket Print for Case #: C-63-CV-200106380
Case Title: BAGEN VS CORNERSTONE
Case Type: JUDGMENT FR DISTRICT JUSTICE
Status: JUDGMT ENTERED
Party Details
PLAINTIFF # 1
BAGEN STEFAN
225 HIGHWAYVIEW DRIVE
MCMURRAY, PA 15317
DEFENDANT#1
CORNERSTONE HOSPITALITY GROUP INC
245 TOWN PARK DRIVE
SUITE 500
KENNESAW, GA 30~44
Event Summary
11/07/2001 4538 4 JUDGMENT FR DISTRICT JUSTICE
11/07/2001 4091 5 NOTICE OF JUDG SENT-ORD MAIL
Judgment Summary
Judgtn6~lt seq: 1
Judgement Date: 11/7/2001
party Details
In favor of Party P 1 BAGEN STEFAN
$ 5,115.48
AMT
Judgement Amt:
Judgement Code:
(C)orp or (P)erson: P
(C)orp or (P)erson: C
Against Party D I CORNERSTONE HOSPITALITY GROUP [NC
Date: 4/12/2004
Page I of 1
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
OFFICE OF THE PROTHONOTARY
STEFAN BAGEN,
vs. 1 No.......~.~).~.),..7,.~..2.~.0, ........................................ Tenn, 20 .............
Defendant.
CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT
I, PHYLLIS RANKO MATHENY of the Court of Connnon Plcas of Waslfington Coun,ty, Pennsylvania, do
hereby ~rfify ~at ~he ~ll~ing is ~ .~ue, c~t and fu~ ~py of ~e d~ en~ in ~e ~bgve ca~pti~.ed ~:
[ f~ c~.fy ~ jud~ent w~ enl~ ~ fair of..........~.~.~..[~.~....~.~.[~ ............................................................................................................
- CORNERSTO~IE HOSPITAEITY GROUP INC 7 NtOX:[i'IBER 20 . ·
~. ~o..d ~, ~ ,m~ ~o~ o~ ,..9..d.~.1.:.!~ .......................
IN ~STI~ONY ~'HE~OF, I have hereunto s~ my h~nd ~d a~x~ ~e S~ o~ ~e s~d Coum, on ~e....~.~.~. ........
d . APRIL .
~r o, ............................................................................ ~. D. 20...~.~ ..........
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEFAN BAGAN,
Plaintiff/Respondent
CORNERSTONE HOSPITALITY
GROUP, INC.,
Defendant/Petitioner
NO. 2004 - 1657 CIVIL TERM
CIVIL ACTION - LAW
PETITION TO OPEN JUDGMENT/STRIKE JUDGMENT
AND NOW, this 14th day of May, 2004, comes the Defendant/Petitioner, Cornerstone
Hospitality Group, Inc., (hereinafter "Cornerstone"), by its attorneys, Hanft & Knight, P.C., and files
a Petition to Open Judgment/Strike Judgment, in support of which the following statements are
made:
1. The Petitioner/Defendant, Cornerstone, is a foreign corporation with its offices and
principal place of business at 245 Town Park Drive, Suite 500, Kennesaw, Georgia 30144.
2. The Respondent/Plaintiff, Stefan Bagan, is a resident of the Commonwealth of
Pennsylvania residing at 225 Highwayview Drive, McMurray, Pennsylvania, 15317.
3. Judgment in this matter, in the amount of $ 5,115..48, was entered in favor of the
Respondent on November 7, 2001 in the Court of Common Pleas of Washington County,
Pennsylvania, and, subsequently, transferred to the Court of Common Pleas of Cumberland County,
Pennsylvania where the judgment was entered on April 16, 2004. A copy of the Notice of Judgment
is attached hereto as Exhibit "A" and incorporated by reference as if set forth fully herein.
4. Cornerstone management did not become aware of this matter until receiving said
Notice of the Entry of Judgment in Cumberland County on or about April 19, 2004, upon which
Cornerstone immediately took steps to defend itself in this matter.
I. PETITION TO STRIKE JUDGMENT
5. Paragraphs 1 through 4 above are incorporated herein by reference.
6. On or about August 16, 2001, the Respondent filed a civil Complaint in the office
of District Justice James C. Ellis, Magisterial District No. ;!7-3-01, County of Washington,
Commonwealth of Pennsylvania. A copy of the Respondent's Civil Complaint is attached hereto
as Exhibit "B" and incorporated by reference as if set forth fully' herein.
Said civil Complaint was brought against Cornerstone and alleged a failure to pay
wages.
8.
Notice of said civil Complaint was sent via certified mail to Cornerstone and receipt
thereof acknowledged by a Cornerstone employee; however; said employee, however, failed to give
the Notice to an officer of Cornerstone who would have taken appropriate action.
9. Consequently, Cornerstone failed to attend the heating before District Justice Ellis
which occurred, as scheduled, on October 4, 2001.
10. As a result of Cornerstone's non-attendance at the District Justice hearing, a default
judgment was entered in favor of the Respondent on October 4, 2001.
11. Cornerstone believes and therefore avers that, following the entry of the default
judgment, notice was sent by the office of District Justice Ellis to the Respondent but not to
Cornerstone.
12. Cornerstone did not receive notice ofjudgment/tra:nscript from the office of District
Justice Ellis following the entry of judgment in favor of the Respondent.
13.
in the judgment.
14.
15.
The failure to notify Comerstone of the entry of judgment constitutes a formal defect
II. PETITION TO OPEN JUDGMENT
Paragraphs 1 through 13 above are incorporated herein by reference.
This Petition to Open Judgment is being timely filed, having been filed within thc 3 0-
day period prescribed by Pennsylvania Rule of Civil Procedure 2959(a)(3).
16. The Petitioner has a valid and meritorious defi~nse to the claim set forth by the
Respondent, as set forth below:
(a)
In his District Justice Civil Complaint, the Respondent alleged, with no further
elaboration, "Failure to pay wages - payable 11/99," and included a citation
to "43 P.S. § 260.1 et seq."
(b)
The Respondent's Civil Complaint provided no detail, basis, or documentation
to support a claim for outstanding wages..
(c)
The Respondent was, in fact, employed as a Controller by Cornerstone at its
NW Inn and Conference Center in Minneapolis, Minnesota, as an "at-will"
employee, at a monthly salary of approximately $5000.00.
(d)
The Respondent was terminated, with cause, by the General Manager of
Cornerstone's NW Inn and Conference Center.
(e)
At the time of said termination, all monies due to the Respondent had been
paid in full and the Respondent was not due any outstanding wages.
17. The Petitioner denies any and all claims made by the Respondent to the effect that
Cornerstone has tmfulfilled obligations to the Respondent, wage-based or otherwise.
WHEREFORE, the Petitioner prays that this Honorable Court:
(a) Strike the Judgment entered in favor of the Respondent; or, in the alternative,
(b)
Open the Judgment, allow the Petitioner to enter a defense, and, following
trial, require the Respondent to reimburse the Petitioner for the costs and
expenses of this action, to include reasonable attome's fees. Y
Respectfully submitted,
HANFT & KNIGHT, P.C.
Attorney I.D. No. 06265
James I. Nelson, [',squire
Attorney I.D. No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Counsel for Defendant/Petitioner
EXHIBIT A
85/12/2884 1~:16 FERGUSON SCHETELICH & BALLEW PA ~ 1'7172490457
.AP~,Z~'-04 10W? FR0g-CONERSTONE I~SPJTALITY . +$/8:'gll4g0l
NO. 860
T"-41I P.OO//OO4
Q05
IN THE COURT OF CONLMON ]PLEAS OF CU1V~]~A.N'D COLrNTY, PENNSYLVANIA
STEFAN BAGEN,
Plaintiff,
CORNE~TO~ HOSPITALITY (}ROUe,
INC.,
Defendant.
CIVIL DIVISION
No. C)H -
To:
NOTICE OF . .J~UDGMENT
Cornerstone Hospimli~/Group, Inc.
245 Town Park Drive
Suit~ 500
Y,~muesaw, GA 30144
You are hereby no~fi~ that a Judgraeut waz eute~d in ~o above-captioned proceeding
The ~'~e~t is as follows:
I~e~est from 11/07/01:
Costs:
.._ TOTAL;.
$5,115.48
to b~ detrained
to be det~,.
~L~L!~4~Jo~=thcr ~th interest Md costs
05712/2004 16:I6 FERGUSON SCHETELICH & BALLEW PA m 1'7172490457 N0.860
D04
IN TH~ COURT OF CO~O~ PLEAS O~ CUMBERI.AI~O COUNTY B'ENNSYGVAN'r_A
$ IT_S~ BAGEN,
Pla/ntiff,
VS.
COR1VERST01V~ HOSPITALITY GROUP,
INC.,
Dc fondant.
CIVIL DMSION
NOTICE OF JUDGMENT
Filed o~ Behalf of Plaintiff,
Stdan Bagen
Counsel ofP, ecord for This Party:
Steph~n I. Laidhold, Esquire
Pa, I.D. ]No. 10~69
Firm No. 363
Do<~ion Tow~ - 23m Floor
625 ~bc~ Av~
Pi~sb~h, PA 152~
Phone: (412)
l~coMgo36~?,l
EXHIBIT B
IF You INTEND TO E:~TER A D~FF.N~i~ 'FO '1'1-11~ COMiIkAINT. NOTIIu'"Y' 'TI-I]~ OFFIOI= IMME'DIATF. LY AT THE
'~I~E NUMB~J~L. YOU MU~-~T APpBAi~ AT THI~ I-IF. ARING AND PI:IE~.NT YOUFI DEFENSE UNLF_~.~ YOU
,--~.~i, JILt _1~_~ ~lr,~,~.~l~L A ,~ .q I ~.~. ~i~,L~. gl~-L~IlllJJ_U_'?~. _. ~ .........................._ ......, . .__. ___..
CERTIFICATE OF SERVICE
AND NOW, this 14th day of May, 2004, I, James I. Nelson,, Esquire, hereby certify that I have
this day served the following persons with a copy of the foregoing document, by first class, United
States Mail, postage pre-paid, addressed as follows:
Stephen J. Laidhold, Esquire.
MCGUIREWOODS, LLP
Firm No. 363
Dominion Tower - 23rd Floor
625 Liberty Avenue
Pittsburg, PA 15222
HANFT & K 4IGHT, P.C.
~es I. Nelson, Esquire
Attorney 112) No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, PA 1701.'.t-9142
(717) 249-5373
SHERIFF'S RETURN
CASE NO: 2004-01657 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
- GARNISHEE
BAGEN STEFkN
VS
CORNERSTONE HOSPITALITY GROUP
And now RON KERR
Cumberland County of Pennsylvania,
to law, at 0014:05 Hours, on the 3rd day of May
as herein commanded all goods, chattels,
moneys of the within named DEFENDANT ,
CORNERSTONE HOSPITALITY GROUP INC
hands,
rights, debts,
,Sheriff or Deputy Sheriff of
who being duly sworn according
2004, attached
credits, and
possession, or control of the within named Garnishee
, in the
WACHOVIA BANK EAST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JILL M3uNLEY (CUSTOMER SERVICE
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
Sworn and subscribed to before me
this /3 day of .
~-~ A.D. ~
R. Thomas Kline
Sheriff of Cumberland County
oo/oo/oooo
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAEClPE FOR WRIT OF EXECUTION
Caption:
STEFAN BAGEN
VS.
CORNERSTONE HOSPITALITY GROUP, INC.
WACHOVIA BANK,
Garnishee
( ) Confessed Judgment
(×) Other
FiDe No, 04-1657 Civil Term
Amount Due $5,115,48
Interest from November 7, 2001
Atty's Comm
Costs to be determined
TO THE PROTHONOTARY OF THE SAiD COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sade, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
for debt, interest and costs, upon the following described property of the defendant(s)
Cornerstone Hospitality Group,-Inc., 245 Town Park Drive, Suite 500,
County,
Kennesaw, GA 30144 FEIN 56-17701'84
PRAECIPE FOR A'I'fACHMENT EXECUTION
issue writ of attachment to the Sheriff of Cumberland COUnty, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
Wachovia Bank, 12 East Market STreet, Carlisle, PA 17013
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
Date
(indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
Signature:
Print Name:
Address:
defendant(s) described in the attached exhibit.
April 26, 2004
Stephen J, Laidhold
McGuireWoods, 625 Liberty Avenue
23rd Floor Dominion Tower
P~ r t sburgh, PA 15222
Attorney for: Plaintiff
Telephone: 412/667-7921
Supreme Court ID No.: 10469
(over)
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.R No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 04-1657 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO TIlE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due STEEAN BAGEN, Plaintiff (s)
From CORNERSTONE HOSPITALITY GROUP, INC., 245 TOWN PARK DRIVE, SUIE S00,
KENNESAW, GA 30144 FEIN 56-1770184
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property &the defendant(s) not levied upon in the possession
of WACHOVIA BANK, 12 EAST MARKET STREET, CARLISLE, PA 17013
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $5,115.48
Interest FROM 11/7/01
Atty's Comm %
Arty Paid $38.00
Plaintiff Paid
Date: APRIL 28, 2004
(Seal)
Pr°th°n°>7
Deputy
L.L. $30
Due Prothy $1.00
Other Costs
CURTIS R. LONG
REQUESTING PARTY:
Name STEPHEN J. LAIDHOLD, ESQUIRE
Address: MCGUIREWOODS, 625 LIBERTY AVENUE
23m> FLOOR DOMINION TOWER
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-667-7921
Supreme Court ID No. 10469
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEFAN BAGAN,
Plaintiff/Respondent
CORNERSTONE HOSPITALITY
GROUP, 1NC.,
DefendanffPetitioner
NO. 2004 - 1657 CIVIL TERM
CIVIL ACTION - LAW
AND NOW, th'~ day o~, 2004, upon consld~erat,on o f th,e w.i, th,,n P, et'tlo~
to Strike Judgment, a Rule is hereby grEn?d ~p.~n, the Respondent to snow cause wny ~ne ouugm~n
entered against the Petitioner should not be s~ken.
fliNN
RULE RETURNABLZS, ~-s ~,~ "~ , ~C'''4' "~
By the Com't,
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
STEFAN BAGEN
VS.
CORNERSTONE HOSPITALITY GROUP,INC.
and
WACHOVIA BANK, N.A.,
GARNISHEE
: COURT OF COMMON PLEAS
: COUNIh( OF CUMBERLAND
: NO. 04-1657
:
TO THE PROTHONOTARY:
ENTRY OF APPEARANCi~
Kindly enter my appearance on behalf of Wachovia Bank, N.A., Garnishee, in the
above-captioned matter.
Date:
Attorngy for Garnishee
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEFAN BAGAN,
Plaintiff/Respondent
CORNERSTONE HOSPITALITY
GROUP, INC.,
Defendant/Petitioner
NO. 2004 - 1657 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
AND NOW, this 26th day May, 2004, I, James I. Nelson, Esquire, hereby certify that I have
this day served the following person with the attached Rules, by first class, United States Mail,
postage pre-paid, addressed as follows:
Stephen J. Laidhold, Esquire
McGUIREWOODS, LLP
Firm No. 363
Dominion Tower - 23rd Floor
625 Liberty Avenue
Pittsburgh, PA 15222
HANF~T 8~ ~qlGHT, P.C.
c'~elson, EsqUire
Attorney ID No. 91144
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEFAN BAGAN,
Plaintiff/Respondent
CORNERSTONE HOSPITALITY
GROUP, INC.,
Defendant/Petitioner
NO. 2004 - 1657 CIVIL TERM
CIVIL ACTION - LAW
RULE
c/A~ud~NNcOntW,'at~lc~e e~Y O;~, 2004, up°n consideration ofthe within Petition
to Strik r y gr nted 6pon the Respondent to show cause why the Judgment
entered against the Petitioner should not be stricken.
RULE RETURNABLE, ~z dzy of ,2!}0~., at __
By the Court,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MAY 1 9 ZOO4
STEFAN BAGAN,
Plaintiff/Respondent
CORNERSTONE HOSPITALITY
GROUP, INC.,
Defendant/Petitioner
NO. 2004 - 1656 CIVIL TERM
CIVIL ACTION - LAW
RULE
AND NOW, this 2/,,e~- dayof/h..~ , 2004, upon consideratio · ·
to Open Judgment, a Rul~ is hereb,, ,~-an~t~ - . n of the wuthin Petition
J r~ Leu upon me ~esponoent to show cause wh th
entered against the Petitioner should not be 0,,cried an,~ ,1._ ,,_.... , ... y e Judgment
r u m~ reuuoner let Into a defense.
RULE RETURNABLE *u~ ~ .... ~.
By the Court,
IN TFII~ COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEFAN BAGEN,
Plaintiff/Respondent
CORNERSTONE HOSPITALITY :
GROUP, INC., :
Defendant/Petitioner :
NO. 2004-1657 CIVIL TERM
CIVIL ACTION - LAW
PLAINTIFF'S ANSWER TO DEFENDANT'S
PETITION TO OPEN JUDGMENT/STRI]~E JUDGMENT
AND NOW comes the Plaintiff, Stefan Bagen ("Bagen"), who, by and through his
attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley &
Madden, of Counsel, files this Answer to Defendant/Petitioner's Cornerstone Hospitality
Group, Inc.'s ("Cornerstone"), Petition to Open Judgment/Strike Judgment, and, in
support thereof, avers as follows:
1. After reasonable investigation, Bagen is without information or knowledge
sufficient to form a belief as to the matters asserted in paragraph 1 of Comerstone's
Petition, therefore such allegations are denied. By way of further response, it is admitted
that Cornerstone has an office located at 245 Town Park: Drive, Suite 500, Keunesaw,
Georgia 30144.
2. Admitted.
3. Admitted. By way of further response, District Justice James C. Ellis had
originally entered judgment in favor of Bagen on or about October 4, 2001. By way of
still further response, the principal amotmt of the judgment is for $5,115.48. The
judgment also includes interest and costs.
4. Denied as stated. Upon information and belief, District Justice Ellis' office
mailed a copy of the judgment to Cornerstone on or about October 4, 2001. Upon
information and belief, the Prothonotary for Washington C, ounty, Pennsylvania, pursuant
to Pennsylvania Rule of Civil Procedure 236 also provided notice of the entry of
judgment to Cornerstone sometime in November, 2001. By way of further response,
Cornerstone received a copy of the Complaint on September 10, 2001, therefore, it should
have known that a lawsuit was pending and/or that a judl0aaent had been entered against
it.
I. PETITION TO STRIKE JUDGMENT
5. Bagen hereby incorporates paragraphs 1 through 4 of this Answer as though set
forth here at length.
6. Admitted.
7. Admitted. By way of further response, Bagen's suit was actually for
out-of-pocket expenses he incurred while employed by Cornerstone.
8. Admitted in part and denied in part. It is adraitted that notice of Bagen's
lawsuit was provided to Cornerstone via certified mail on or about September 10, 2001.
After reasonable investigation, Bagen is without information or knowledge sufficient to
form a belief as to whether Cornerstone's officers received notice of the suit. To the best
of Bagen's knowledge, at the time Cornerstone received notice of the suit, Comerstone's
2
office consisted of approximately six (6) employees, at least three (3) of whom were
officers. The employee who actually signed for the certified mail is the sister of the
president of Cornerstone and worked for the Chief Financiai Officer.
9. Admitted in part and denied in part. It is admitted that Cornerstone did not
attend the hearing before District Justice Ellis on October 4, 2001. It is denied that
Comerstone's failure to attend the hearing was on account of a lack of notice. To the
contrary, Cornerstone received valid notice of the lawsuit. See Pa.R.C.P.D.J. No. 310(4)
("Service of the complaint upon a corporation or similar entity shall be made...(4) by
mailing a copy to the reguiar place of business of the corporation. The return receipt shall
show that the complaint was received by the corporation").
10. Admitted.
11. Denied as stated. Upon information and belief, the District Justice's Office
mailed the Notice of Judgment to Cornerstone, and the Notice of Judgment was not
returned to the District Justice's office. Furthermore, Cornerstone had proper notice of
the lawsuit (via certified mail) and should have known that a judgment would have been
entered against it if it did not attend the hearing.
12. After reasonable investigation, Bagen is without information or knowledge
sufficient to form a belief as to whether Cornerstone received notice of the judgment.
Upon information and belief, however, the District Justice nmiled the Notice of Judgment
to Cornerstone. By way of further response, Cornerstone has not denied that it received
notice of the entry of judgment from the Court of Common Pleas of Washington County,
Pennsylvania, in November, 2001. By way of further answer, the Rule 236 Notices
mailed by the Washington County's Prothonotary's Office were not returned to the
3
Prothonota~'s Office, and it appears that on the copy of the judgment attached hereto as
Exhibit A that the notice of the judgment was mailed to Cornerstone. 1
13. The averments contained in paragraph 13 of Comerstone's Petition constitute
a conclusion of law to which no response is necessary.
II. PETITION TO OPEN JUDGMENT
14. Bagen hereby incorporates paragraphs 1 through 13 of this Answer as though
set forth here at length.
15. The averments contained in paragraph 15 of Cornerstone's Petition constitute
a conclusion of law to which no response is necessary. By way of further response, the
thirty (30) day time period contained in Rule 2959(a)(3) applies to judgments entered by
confession. This Rule does not apply in the present case because Bagen did not obtain a
judgment by confession against Cornerstone. Finally, it is denied that Cornerstone acted
in a timely manner in this case. To the contrary, Bagan's .judgment against Cornerstone
was entered nearly two and one-half years prior to Corrterstone taking any action to
defend itself.
16. It is denied that Cornerstone has a valid and meritorious defense to Bagen's
claim. To the contrary, Bagen is owed the full mount claimed.
1On the second page of the judgment (this is on the back page of the judgment contained
in the Prothonotary's Office), there is a notation which says "Ltr sent" presumably
referring to the notice of judgment being sent to Cornerstone,.
a. The allegations contained in paragraph 16(a) of Comerstone's Petition
reference a written document which speaks for itself.
b. The allegations contained in paragraph 16(b) of Comerstone's Petition
reference a written document which speaks for itself.
c. Admitted.
d. Admitted in part and denied in part. I~l is admitted that Cornerstone
terminated Bagen, however, it is denied that it did so "with cause." By way of further
response, regardless of whether Bagen was terminated with or without cause, Cornerstone
owed Bagen the principal amount claimed at the time of his termination.
e. Denied as stated. At the time of his termination, Bagen was owed the
principal amount of $5,115.48.
17. No response necessary. To the extent a response is deemed necessary, Bagen
denies that Cornerstone has fulfilled all of its obligations to him. To the contrary,
Cornerstone still owes Bagen the principal amount of $5,115.48, plus interest and costs of
suit.
WHEREFORE, Plaintiff/Respondent, Stefan Bagen, respectfully requests the
Court to enter an Order denying Defendant/Petitioner, Cornerstone Hospitality Group,
Inc.'s, Petition to Open Judgment/Strike Judgmem.
DATED: June 9, 2004
Of Counsel
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, PA 17108-1998
(717) 233-7691
Respectfully submitted,
Thomas A. Be%k'~y~-Es[ful/er~
Thomas S. Beckley, Esquire
Attomeys for Plaintiff/Respondent
Stefan Bagen
6
~UN-9-8004 09:49 FROM:CHERISH INUESTIGATIO (784) 941-9769 TO:l?172J33740 P.8
VERIFICATION
I, Stefan Bagen, hereby verify that I am an adult individual, that I have read the
foregoing document, and that the facts set forth in the foregoing document are true to the
best of my knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to
authorities.
Stefan Bagen~
EXHIBIT A
06/09/2~4 12:13 FAX 724 941 6047
GIANT EAGLE ~70
004
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:_
2"/-3-01
g'Rll~g C.
.~l~,,: 501 yALLEYBROOK ROAD
SI~ZTE 105
MCMOR.I~&Y, PA
STI~FAN BAGEN
225
MCM~I~RAY, PA 15317
15317-0000
FIt..ED
NOTICE" OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTtFF: ~(~aE and
lion/ 07 2001 IDetained: cv-oooo239-oii
p.R. NiATHEN'¢
pRoTHONOTARY
r']~%GEN, STBFAN
225 HZ('~WAY1~EW DP~'FB
H~Y, ~A ~ss~v
~ vs.
DEFENDA~': N~f~AO~
245 ~ P~ D~-
~ 50O
~8AW, ~ 30144
THIS IS TONOTIFY YOU-THAT:
Judgment:
[~ Judgment was entered for: (Name)
[] Judgment was entered against: (Name)
in the amount of $ . ~, 11 g _ 4R on:
[~ Defendants are jointly and severally liable.
] Damages will be assessed on:
[~ This case dismissed without prejudice,
Amount of Judgment Subject to
~"~ Attachment/Act5of 1996 $.
[] Levy is stayed for days or [] generally stayed.
(Date of Judgment)
([:)ate & Time)
Amount of Judgment
Judgment CostS $ 98 ·
Interest on Judgment
$_ .0C
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Totel~
]Objection to levy has been filed and hearing will be held:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILLING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVt$IO~I, YOU
MuST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/I'RAN~CRIPT FORM WITH YOUR NOTICE OF APPEAL.
I' ~/ ........ " ~_._ ' District Llustice I
' " :, :
L / / '
My oommisslon expires first l~day of January, ' 2006
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the person and in the manner indicated
below:
SERVICE BY FIRST CLASS M[AIL
William A. Addams, Esquire
Hant~ & Knight, P.C.
19 Brookwood Avenue
Suite 106
Carlisle, PA 17013-9142
DATED: June 9, 2004 .~----~~
Thomas S. Beckley
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
STEFAN BAGEN : COURT OF COMMON PLEAS
: COUNTY OF CUMBERLAND
VS. ~
CORNERSTONE HOSPITALITY GROUP,INC. :
: NO. 04-1657'
and :
WACHOVIA BANK, N.A., :
GARNISHEE :
AN,RWER,R TO [NTERROGATORIE~ IN ATTACHMENT
TO: STEFAN BAGEN, Plaintiff
1. No.
2. Yes, an account titled Cornerstone Hospitality, Inc.. The sum of $1,925.59 has been
restricted pursuant to this Writ.
3.-6. No.
7. See answer to number two above.
~O~NomC;yS o~r ~shee
Dated:
Waclmvia Bank. N.A.
P.O. Box 8667
Philadelphia. Pennsylvania 19101-8667
Verification
Kathlccn Gormlcy, being duly sworn according to law, deposes and says that she is the
Writ of Execution Administrator of Wachovia Bank, N.A. Garnishee herein, and verifies
that the statements made in the foregoing Answers to Interrogatories are trite and correct
to the best of her knowledge. Said Garnishee understands that false statements herein are
made subject to penalties of 18 Pa. C.S. Section 4904, relating to swom falsification to
authorities.
~l}athleen 0ormley /
Manager '~
Dated:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEFAN BAGEN,
Plaintiff
CORNERSTONE HOSPITALITY
GROUP, INC.,
Defendant
and
WACHOVIA BANK, N.A.,
Garnishee
NO. 2004-1657 CIVIL TERM
CIVIL ACTION o LAW
PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST
GARNISHEE PURSUANT TO Pa.R. Civ. P. No. 3146(b) AND
CERTIFICATION OF ADDRESSES
TO THE PROTHONOTARY:
Enter judgment in favor of Plaintiff, Stefan Bagen, and against the above-named
Garnishee, Wachovia Bank, N.A., in the sum of $1,925.59, which is the amount admitted
in Garnishee's Answers to Interrogatories (a true and correct copy of which are
incorporated herein and attached hereto as Exhibit A) as being held for the Defendant,
Cornerstone Hospitality Group, Inc., in an accotmt titled Cornerstone Hospitality, h~c.,
and which is not greater than the sum due from Defendant to Plaintiff, calculated as
follows:
Judgment against Defendant $5,115.48
Interest from 11/7/01 $ 828.29
Costs $ 9.00
Total $5,952.77
I certify that the precise address of the Defendant and the Garnishee and their
counsel are as set forth below:
Defendant
Cornerstone Hospitality Group, Inc.
245 Tovm Park Drive
Suite 500
Kennesaw, Georgia 30144
William A. Addams, Esquire
Hanfi & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9 142
Garnishee
Wachovia Bank, N.A.
12 East Market Street
Carlisle, PA 17013
Jon C. Sirlin, Esquire
Sirlin, Gallogly & Lesser
1529 Walnut Street
Suite 600
Philadelphia, PA 19102
DATED: July 20, 2004
Thomas S. Beckley, Esquire
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998
(717) 233-7691
Attorney for Plaintiff
Stefan Bagen
DATED:
DAMAGES ASSESSED AS ABOVE.
Prothonotary
2
EXHIBIT A
J!JL-~-2~04 12:04 FROM:CHERIS~ESTIGATIO (T84) 941-g?Gg
P.1T
for Garnishee
TO: STEFAN BAGFaN, Plaintiff
1. No.
2, Yes, an acoount titled Cornerstone Hospitality, lne,. The sum of $1,92f59 bas baen
res~cted pursuant to this Writ.
3.-6.
7. See am~wer tn nmnber two above,
Verification
Kud~lcen Gomalcy. being duly sworn according to law,
Writ oi ~x~ution Adminis~0r of Wachovia Ba~ N.A. Oamish~ herei~ ~d
tha~ the ~tatemems made in ~he foregoing Answe~
to d~e best ~f~ef ~n6~l~e;~d '~nmJ~mdc~s ~ fal~e ~t~e~ ....
made ~ubject to penallies of 18 Pa. C.S. S~rion 49~, mlat~8 to sworn f~siflc~ion m
autl~oriti~.
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a tree and correct
copy of the foregoing doctmaent was served upon the person and in the manner indicated
below:
SERVICE BY FIRST CLASS MAIL
William A. Addams, Esquire
Hanfi & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
Jon C. Siflin, Esquire
Sirlin, Gallogly & Lesser
1529 Walnut Street
Suite 600
Philadelphia, PA 19102
DATED: July 20, 2004
Thomas S. Beckley
SIRLIN GALLOGLY & LESSER, P.C
By: Jon C. Sirlin, Esquire, I.D. No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
: COURT OF COMMON PLEAS
STEFAN BAGEN : COUNTY OF CUMBERLAND
:
VS.
: NO. 04-1657
CORNERSTONE HOSPITALITY GROUP,INC. :
and
WACHOVIA BANK, N.A., :
GARNISHEE
.:
RII ,I, OF cOSTS OF GARNIgHF, F,. WACHO,VIA RANK, N.A.
Garnishee, Wachovia Bank, N.A., hereby bills the following costs to the fund attached and
will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503:
Gamishee's fee pursuant to
42 Pa. C.S.A Section 2503:
Notary Charges:
Entry of Appearance:
Answers to Interrogatories:
Order to Discontinue or Satisfy:
Other:
$ o.oo
$ o.oo
$ o.oo
$ 5.00
~L o.o0
?~NomC~for Garnishee
Costs are hereby taxed in the mount of $~ this ~,~4~ay of ~.~~, 2004.
PROTHONOTARY (~
STEFAN BAGEN
VS.
CORNERSTONE HOSPITALITY GROUP,INC.
and
WACHOVIA BANK, N.A.
GARNLqI4F,~
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
NO. 04-1657
ATTORNEY I.D.# /~gq'~ q
ORDER TO ~ATISICV .IIIDC. MF, NT AGAINST GARNLqHF, E
TO THE PROTHONOTARY:
Kindly mark the judgment entered against the Garnishe. e, Wachovia Bank, N.A., in the
above matter, satisfied upon payment of your costs only.
S~P~q J. L/(IN~IOLD
Attorney for Plaintiff
CLEAN
Stefan Bagen
VS
Cornerstone Hospitality Group
Writ of Execution
Docket No. 2004-1657 Civil Term
F1~~1~-r~I~;;~C~~.`
Z0~?9 SEA L ! ~~ ~~ 4'~
cuf~~~~~;.~ ~~ ~:;~;~UiviY
PE i~1 fv~~~1~'rl~l~~.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned ABANDONDED. No action has been taken in the last six months.
Sheriff s Costs:
Docketing $18.00
Surcharge 30.00
Garnishee 9.00
Levy 20.00
Mileage 3.45
Law Library .50
Prothonotary 1.00
Poundage 1.64
$83.59 ~/ 71~y~~n9
So Answers:
~zr
R. Thomas Kline, Sheriff
BY
Sergeaht
~- ~ ~~
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~ 3p UyY