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HomeMy WebLinkAbout04-4963NANCY B. LAUBACH, PLAINTIFF V. IN THE COURT OF dOMMOf CUMBERLAND COUNTY, PE HENRY LINE d/b/a LINE & LINE JEWELERS, DEFENDANT 00-2829 CIVIL TERM VERDICT AND NOW, this , - T? day of June, 2004, folio\ find in favor of plaintiff, Nancy B. Laubach, and against & Line Jewelers, and award plaintiff damages in the amount of legal interest from March 1, 2000. Jacqueline M. Verney, Esquire For Plaintiff Joseph B. Sobel, Esquire For Defendant :sal EXHIBIT (I 1 2 By Edgar S. Bayley, PLEAS OF dNSYLVANIA ng, a b nch trial, I Henry ine d/b/a Line )00 wit costs and NANCY B. LAUBACH, Plaintiff VS. HENRY LINE, d/b/a LINE AND LINE JEWELERS Defendant : IN THE COURT OF COMMON P : CUMBERLAND COUNTY6 PENN CIVIL ACTION - LAW :NO. 2000 - 2829 CIVIL TERM PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter Respectfully Date: ` IV1 acqu ne M. V rney, E 44 South Hanove Street Carlisle, PA 17013 7117 243-9190 Supreme Ct. ID. 3167 Attorney for Plai tiff EXHIBIT 3 S OF VANIA -1 HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff VS. KATHIE SUE NEIDIGH, f/k/a KATHY SUE TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4962 Civil Term PRELIMINARY OBJECTIONS TO DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S FOURTH AMENDED COMPLAINT AND NOW comes Plaintiff, Henry Line, d/b/a Line & Line Jewelers, by his counsel, Joseph B. Sobel, and files the following Preliminary Objections to Defendant's Preliminary Objections to Plaintiff's Fourth Amended Complaint, on the ;following grounds: LEGAL INSUFFICIENCY (DEMURRER) 1. Pennsylvania Rules of Civil Procedure 1028(a)(4) provides that a (defendant may object to a pleading because of legal insufficiency of a pleading. 2. Defendant's Preliminary Objection ("Objection") fails to state a legally cognizable objection, so as to warrant dismissal of Plaintiff's Fourth Amended Complaint ("Complaint"). 3. Specifically, while the Objection is framed as a demurrer, it fails either to articulate or otherwise to demonstrate a basis for the contention that the facts stated in the Complaint fail to state a legally sufficient cause of action. 4. On the contrary, in raising arguments akin to the legal defense of !aches, as if the Complaint were equitable rather than legal in nature, Defendant has effectively conceded the legal sufficiency of Plaintiff's claim, 5. Pa. R.C.P. 2252(a), cited as the basis for Defendant's demurrer, is permissive rather than mandatory and, further, has no bearing upon the legal sufficiency of the allegations of the Complaint. MOTION TO STRIKE PURSUANT TO PA. R.C P 1028(A)(2) AND (A)(3) FOR FAILURE TO CONFORM TO RULE OF COURT AND FOR LACK OF SPECIFICITY 5. Both Pa. R.C.P. 1028(a)(3) and 1028(b) require that preliminary objections The pleaded with sufficient specificity so as to provide clear legal and factual grounds for the relief requested. 7. While couched in terms of a demurrer, the Objection complains of Plaintiff's OIleged undue delay and failure to take action not required but only permitted, 4Iluding also to matters possibly related to preclusion of one or more unspecified i$sues allegedly resolved in prior litigation not involving Defendant as a party. 8. The Objection is not sufficiently specific as to the legal basis for either the allegations or the relief requested so as to enable it to be either argued or remedied b? Plaintiff. i MOTION TO STRIKE PURSUANT TO PA. R.C.P. 1028(A)(2) FOR INCLUSION OF IMPERTINENT MATTER 9. Plaintiff incorporates Paragraphs 7 and 8 by reference. 10. The allegations in question, stated in Paragraphs 3 through 10 of the Objection, are impertinent, in that they fail to relate either to Defendant's demurrer or any other legally cognizable objection Defendant might have raised, had she chosen to do so, and therefore should be stricken. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary ;Objections to Plaintiff's Fourth Amended Complaint be dismissed and that Defendant be required to file an Answer to Plaintiff's Complaint. Respectfully submitted, Josep o el, Attorney or Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 CERTIFICATE OF SERVICE I hereby certify that on the 25th day of April, 2005, a true and correct copy of the foregoing Plaintiff's Preliminary Objections to Defendant's Preliminary Objections to Plaintiffs Fourth Amended Complaint, was served upon Defendant, Kathie Sue Neidigh, by mailing same by first class mail, postage prepaid, to her attorney of record, at the following address: James L. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Josep B. Sobel Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 7 R9r co C. ~'v ?., LU COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, /)U -(J 4 t_ 2 NOTICE OF APPEAL (.foil Fit J.r 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 mentioned below NAME OF APPEI.LAW Kathie Sue Neidigh (Trolinger) ADDRESS OF APPELLANT 126 '3?e-.ch Street DATE of AIDG 0,11 N TFE CASE CW (Pti IN) 7-14-03 Line & Line Jewelers MAG. W. NO OR NAME OF DJ. 09-2-01 CITY STATE 2P CODE Carlisle PA 17013 n/L rr>sk?e.irl Kethie Sue Neidigh (Trolinger) VS. CLAIM No I SIGNATURE tX T-10** 06 ATTORNEY OR AGENT CV 000!272-03 LT This block will be signed ONLY when this notation is required under Po. R CP If appellant was CLAIMANT (see Pa. R.C.P,J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days alter signature of Prothonotary or Deputy filing his NOTICE of APPEAL. 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.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPEs To Prothonotary Enter rule: upon Line & Line Jewelers opp4ee(s), to file a complaint in this appeal // ( Narrro a egoeiJeels/ (Common Pleas Nnew -J7JQ(w.3 / s i l ? /Y/1 MY? within twenty (20) days after service 4f ru or suffer entry of judgment of non pros. RULES To Line & Line Jewelers Name of appaave/s) , appell"(s4 Signs" of WpWivif a his attorney a agent (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 riot file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: a. CO .'-l/!/LrIr AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE c11_ED WITNI?d TEN ' w l ? r =h `^ec6 3- -cable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;SS AFFIDAVIT: ( hCreby swear or affirm that I servea a copy of the `vot(ce o. Appeal, Common Pleas No, u nr n the to r Justice Uesigrnated therein or date of service) by re so"aI 3er1? h'j r if :r;) {rPgi5tereG) erdil, sender's receipt attached hereto aria upon the app'okee tramtr! -0111 Q by personal service E} by oert ler') IrC^gfSCeYedj "? a o2'ifeC"4 receipt attached hereto. 0 aria further that Iserved the Role `o Fiie a Ccmpiamt zccrmpanytng the above Nuuce o` Apoot ri :prm the appelsee(s) to whom too Ruse was addressed en ?Iy edV rregisterec,: oiail_ renders reeeir;tattached hereto. SWORN (AFFiRtv1E0 AND SUBSCRIBED BEFORE M THIS )AY Or ?;?ar =e or ar+,?rnr Syr T,?pe et rr6ria,' dycmni sit x :?. __? ? t r n i1 Z COMMONWEALTH OF PENNSYLVANIA - COUNTY OF: CUMBERLAND Mag. Disl. No.: 09••2-01 DJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA K Telephone: (717) 240 - 6564 ATTORNEY DEF PRIVATE : JAMES I. NELSON 155 S HANOVER ST CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: 42 c i NOTICE OF JUDG?+MENT/TRANSCRIP' PLAINTIFF: CIVIL CASE NAME and ADDRESS FLINE & LINE JEIPELERS 21 DICKINSON AVE CARLISLE, PA 17013 L VS. DEFENDANT: NAMEand ADDRESS 17013-0000 FREIDIGH (TROLIN(;ER), KATHIE SUE 126 BEECH ST CARLISLE, PA 17013 L DocketNo.: CV-0000272-03 Date Filed: 7/14/03 FOR PT.ATNTIFF (Name) T.TNR 6 LTHR JJMT,RRG, ® Judgment was entered against: (Name) NETDIGrt (TRor.INGRR) , KATHIR SITE in the amount of$ 3,757-78 on: D Defendants are jointly and severally liable. 7 Damages will be assessed on: ? This case dismissed without prejudice. (Date of Judgment) 9/29/04 (Date & Time) Amount of Judgment $ 3,628.38 Judgment Costs $ 129.40 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,757.78 ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ ? Portion of Judgment for physical Post Judgment Costs $-------_- - damages arising out of residential lease $ Certified Judgment Total $ *-JUDGMENT REFLECTS AMOUNT PAID TO LAUBACH PLUS $1000.00 IN ATTORNEY FEES ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERIC OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURTOF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 9-29-04 Date ( L ?e i ti1 v.-e District Justice I certify that this is a true an rr copy the ce?fe ceedin s ontaining the judgment. 9-29-04 Date District Justice My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 DATE PRINTED: 9/29/04 9:32:31 AM 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA` \ COUNTY OF _ f l?Wl Y ?_------ ___---- SS AFFIDAVIT: I herebof the y swear or aff irm that I served PY h'I _ T? (date of service)(,*i,?_ mmo` Pleas No. by pers f urL -Pon the Distr' ustice designated therein on 02 16, 9 PP r?? ..._ .. aI service by ertifi (registered) mail, sender's re eipt attached heretoand upon he appel ee, ,name) f U6 y? on f/?/ . ? ? by personal service by ertifi !et registe ed) mail, sender's receipt att cheEYhereto. and further that I served the ,R,ule/ to 'File a Complaint accompanying the above NRtice of Appeal upon the a (s) to whom the Rule was addressed on (?L?1r_-_-__--_ _, , ? by p sonal service A by ertifie (registered) mail, sender's receipt attached hereto. IRMED) AND SUBSCRIBED BEFORE ME / SWORN (AFFQj_ THISjy-__? _ _ ,DAY OF&?f ?, -dX_y My commission expires on COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammie L. Peters. Notary Public n South Middleton Twp., Cumberland County My Commission Expres Sep Member, Penn syNania Association Of Notaries Q (55 U20 - f • ? ?.1 F- _.] O - -,I I ,IQ C3 N rJ LOMWIONNreALTN Or NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na ^i I 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 mentioned below. Kathie Sue Neidigh (Trolinger) 39-2-01 126 Beech Street Carlisle ON, 17013 7-14-03 Liize & Line Jewelers vs K thie Sue 1?eidigh (Trolinger) CV 0000272-03 LT This block will be signed ONLY when this notation is required under Pa. R.CP ?f appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10086 - This Notice of Appeal when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. signature of Prothonotary or Deputy 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.JP. 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 ruleupon Tine & Line Jewelers /n/ I ?.N.a of appebWs) (Common Pleas No. LOW -0 9L2 l? I r , l f f 2l7 ? within twenty (20) days after service a RULE: To Line & Line Jewelers appellee(s), Nerve Of appelleefs) a ras artwxy a (1) You am 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 ygwby',iidf9 V0Aervice a by certified or registered mail (2) N you,db+`noR file} a complaint avi}Ffid±/yhs time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) TL of service of this rule9 s6rtlc? [J $3 was by mail is the date of mailing to file a complaint in this appeal suffer entry of judgment of non pros. AOPC 312-90 COURT FILE - Q Certifletl Fee -?_ -- Return Reciept Fee ???" (Entlcr..ement Requirchl _,? - Postmark O Fteatrctetl pelfvery F)e Here ? (Eitlorsament Required) m 0 0 M1 'M 'Postage 8 Fees $ ?-{ ( ? rierutied Wail Provides: (aaanea) zoos eunr'oosE waw sd ¦ A mailing receipt ¦ A unique Identifier for yor mhepPostal Service for two years ¦ A record of delivery kept Y important Reminders: NLY be ¦ Certified MMail all sanatOavailable ?for any class oflinternational lalmail. Priority Mai ®. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For Insured or Registered Mail. Of proof valuables, please consider requested to attach a Return a Return Receipt me a complete antl attach ¦ For an additional fee ,urn Rec fI liCable postage to cover the OPP delivery. To obtain Reta article services P To receive a fee waiver for Receipt (PS Form 3811)toth e amcal and add tt dd" fee. Endorse matlpiece' "Return Receipt Req a duplicate return receipt, a USPSa postmark on your Gemhed Mad receipt is required. be restricted to the addressee or ¦ For an additional fee, delivery may addressee's authorized aaant. Advise the clerk or marklease present thehart'e-mallpiece endorsement Restricted-Delivery". p on the sent this Mail lcleei' the postnce for?postmerkrece ing.plf is postmark oin receipt not needed, detach and affix label wah postage and mail. t INemet accANT: essv10 e d Ibis ve y information is not available lo ma IQulry. it When addressed to APOS and EPOS. i --Jai IT -- A U , cewietl Fee ri y Q Retain Rece t Pee (IEndn'sement Required) I IC_ Postmv O _ Here Aes iToted Doiwly Fee - - O (EtMrisement Requ,ed) r9 Toha Po:dage R Fees ,9i m 0 0 M1 Certified Meii Provides, (avwea) zooz?nr'ooec w+od se ¦ A mailing receipt ¦ Aunique identifier for your mailplece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mai ®. ¦ Certified Mall is not available for any class of international mail. . For stared Math Certified Mail ¦ NO INSURANCE CCOVERAGE IS PROVIDED valuables, p e h a Return ¦ For an additional fee, a Return Ree ceiett mPe"ercOmplete and a postage ttac to cover delivery . To obtain Return Receipt Receipt (PS Form 3811) to the arbcle and add applicable t r a duplicate returrnpreceipt, a USP ® posttmarrk on y your Certified Mail receipt is Rewt required. be restricted to the addressee or ¦ For an additional fee, delivery may addressee's authorized went. Advise the clerk or mark the mailpiece with the endorsement "Restncte Ueliva lease resent the artl- ¦ If a postmark on the Certified Mail receipt Is desired, D P on the mar cis at the post office for detach endrki g Zabit a el wohtpostage and mal rt?fied Mad receipt is not needed, Internet atccess to delivery information IS not avalilable on mail4uiry. addressed to APOS and FPOS. mommmmomompowwpm$o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff CIVIL ACTION - LAW V. NO. 2004 - 4963 KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, this I Vh day of November, 2004, comes the Defendant, KATHIE S. NEIDIGH, by and through her counsel, Rominger, Bayley & Whare, and files the following Preliminary Objections to Plaintiff's Complaint, and in support thereof, avers as follows: 1. PRELIMINARY OBJECTION: FAILURE TO CONFORM TO RULE OF LAW OR COURT I . On or about October 19, 2004, Plaintiff Henry Line d/b/a Line & Line Jewelers (hereinafter "Plaintiff' or "Line") filed a Complaint in the instant action. A copy of Plaintiff's Complaint is attached hereto as Exhibit "A". 2. It is alleged in Paragraphs 4 and 13 of Plaintiff s Complaint that the Defendant, Kathie S. Neidigh (hereinafter Defendant or "Ms. Neidigh") "embarked upon a willful and prohibited course of conduct," and that said conduct was "beyond the scope of Defendant's authority to act as Plaintiff's agent or employee, contrary to and injurious to the interests of Plaintiff and directly contrary to clear and consistent instructions given to Defendant and other employees of Plaintiff." 3. Paragraphs 4 and 13 of Plaintiff's Complaint and, too, the averments found in Paragraphs 5 through 12 generally of said Complaint, violate Rule 1019(a) of the Pennsylvania Rules of Civil Procedure in that they fail to state the material facts upon which a cause of action is based, nor are they sufficiently specific to enable Ms. Neidigh to answer and prepare a proper defense. 4. The allegations in Paragraphs 4 through 13 of Plaintiff's Complaint, while ostensibly factually specific, fail to identify or describe the "clear and consistent instructions" allegedly contravened by Ms. Neidigh, nor does the Complaint include an exhibit of such instructions in use at Line's store at the time of Ms. Neidigh's employment; consequently, the facts alleged are not sufficient to enable Ms. Neidigh to answer and prepare a proper defense. 5. Pennsylvania Rule of Civil Procedure 1028(a)(2) provides that a defendant may object to a pleading because of lack of conformity to a rule of court. 6. Paragraphs 4 through 13 of Plaintiff s Complaint fail to conform to the Pennsylvania Rules of Civil Procedure which require specific fact pleading and must therefore be stricken from the Complaint. WHEREFORE, Defendant Kathie S. Neidigh respectfully requests that Paragraphs 4 through 13 be stricken from Plaintiffs Complaint. II. PRELIMINARY OBJECTION: INSUFFICIENT SPECIFICTY OF A PLEADING 7. Paragraphs 1 through 6 above are incorporated by reference as if fully set forth herein. 8. Pennsylvania Rule of Civil Procedure 1028(a)(3) provides that a defendant may object to a pleading because of insufficient specificity. 9. The aforementioned Paragraphs fail to mention in any respect the specific rules and/or instructions which Defendant allegedly failed to obey, and they do not specify how or when said rules and/or instructions were formulated or conveyed to Ms. Neidigh. 10. Paragraphs 4 through 13 of Plaintiff s Complaint do not plead specific material facts sufficient to allow Ms. Neidigh to answer or prepare a defense, and Plaintiff should be required to file a more specific pleading. WHEREFORE, Defendant Kathie S. Neidigh respectfully requests that Plaintiff be directed to more specifically plead the averments of Paragraphs 4 through 13 of his Complaint. III. PRELIMINARY OBJECTION: LEGAL INSUFFICIENCY (DEMURRER) 11. Paragraphs 1 through 10 above are incorporated by reference as if fully set forth herein. 12. Pennsylvania Rule of Civil Procedure 1028(a)(4) provides that a defendant may object to a pleading because of legal insufficiency of a pleading. 13. The Plaintiffs Complaint does not set forth a claim or cause of action that would entitle him to the relief sought. 14. The Complaint filed by Nancy B. Laubach (hereinafter "Laubach matter") against the Plaintiff in the instant matter and attached to the Plaintiffs Complaint as Exhibit "1," and decided on the merits by Court of Common Pleas of Cumberland County, involved issues of fact the same as those raised by Plaintiff Line in this matter. 15. The Defendant in the instant matter was in privity with Line when he was the Defendant in the complaint brought by Nancy B. Laubach. 16. Line, the Plaintiff in the instant matter, had a full and fair opportunity to litigate the alleged liability of Ms. Neidigh in the Laubach matter. 17. Notwithstanding the fact that Ms. Neidigh was not a party in the Laubach matter, this Court may find that Plaintiff Line is bound by that decision since he was in a position to control that litigation; to wit, he could have - and should have - joined Ms. Neidigh as a third- party defendant. 18. The cause of action raised by Plaintiff Line arises out of the identical transaction or occurrence upon which the Laubach matter was based. 19. Pennsylvania Rule of Civil Procedure 2252(a) provides in pertinent part that in any action the defendant may join as an additional defendant "any person whether or not a party to the action, who may be solely liable on the plaintiff's cause of action, or liable over to the joining party on the plaintiffs cause of action, or jointly or severally liable with the joining party on the plaintiff's cause of action, or liable to the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the plaintiff's cause of action is based. [Emphasis added.] WHEREFORE, Defendant Kathie S. Neidigh respectfully requests that the Plaintiff's Complaint be stricken. Respectfully Submitted, n ROM G ---R, BAYLEY & WHARE ames Nelson, Esquire Atto, .D. No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, this 1 lth day of November, 2004, 1, James I. Nelson, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Preliminary Objections, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Joseph B. Sobel, Esquire LAW OFFICES OF JOSEPH B. SOBEL Suite 202 - Cranberry Court 212 North Third Street Harrisburg, PA 17101-1505 ROMIN,GEk, :3AYLEY & WHARE son, Esquire . No. 91144 T575 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant EXHIBIT A HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff VS. KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4962 Civil Term NnTTCF TO DFFFND 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 N0TICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viete (20) dins de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avidsado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o Notificacion y por qualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA30 PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Date: Id Joseph . Sobel, Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff VS. KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4962 Civil Term COMPLAINT 1. Plaintiff is Henry Line (hereinafter "Plaintiff"), an adult individual, doing business as Line and Line Jewelers, whose principal business is located at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Kathie Sue Neidigh (hereinafter "Defendant"), formerly known as Kathie Sue Trolinger, an adult individual, whose last known address is 126 Beech Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant was hired by Line & Line Jewelers (hereinafter "Line & Line"), on or about March 12, 1999, as a retail sales assistant, in which capacity her duties were exclusively as prescribed from time to time by Plaintiff. 4. On or about July 14, 1999, Defendant embarked upon a willful and prohibited course of conduct involving a certain diamond ring brought by a certain Nancy B. Laubach (hereinafter the "Customer") into Plaintiff's place of business for the purpose of attempting to place it on consignment with Plaintiff. 5. On information and belief, Plaintiff avers that the pertinent facts concerning Defendant's dealings with the Customer, exclusive of conclusions of law, are partially as set forth in a Complaint filed by the Customer, a true and correct copy of which, with Exhibits, is attached hereto as Exhibit "1", and that Defendant's course of conduct, as determined in the course of the ensuing litigation, included, inter alia, the willful and prohibited acts and omissions enumerated in paragraphs 6 through 12 herein. 6. Defendant accepted the Customer's property without having Customer sign a written form or memorandum reflecting the nature and purpose of the purported transaction, which was of a kind beyond the authority of a Line & Line employee to enter into. 7. Defendant failed to give the Customer a copy of such a document or any other form of written receipt for the property. 8. Defendant failed to describe the Customer's property accurately on an appropriate memorandum or work order signed by the Customer. 9. Defendant failed to enter receipt and proper description of the Customer's property in the appropriate records or journal or journals employer. 10. Defendant failed, upon purported sale of part of the Customer's property, consisting of the ring in which Customer's diamond was mounted, to keep a full and accurate record of the transaction. 2 11. Defendant failed to obtain prior approval from the Customer for a sale of part of the Customer`s property or to notify the customer of such sale and to account for the proceeds, none of which were knowingly received by Plaintiff. 12. Defendant failed to store or account properly for disposition of that part of the Customer's property remaining unsold, consisting of Customer's diamond, after sale of part of the Customer's property, specifically the mounting. 13. All of the foregoing acts and omissions, referenced in paragraphs 3 through 12, were beyond the scope of Defendant's authority to act as Plaintiffs agent or employee, contrary to and injurious to the interests of Plaintiff and directly contrary to clear and consistent instructions given to Defendant and other employees of Plaintiff. 14. As a direct result of the foregoing willful and prohibited acts and omissions of Defendant, the Customer filed the Complaint attached as Exhibit "I", against Plaintiff on or about May 22, 2000, in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 2000-2829 Civil Term. 15. On June 30, 2004, The Honorable Edgar B. Bayley issued a Verdict in the Civil Action brought by the Customer against the Plaintiff herein, finding in favor of the Customer and against Plaintiff, and awarded damages in the amount of $2,000.00 plus costs and interest. A true and correct copy of the Verdict is attached hereto as Exhibit "2". 3 16. On or about July 15, 2004, Plaintiff herein issued a check in the amount of $2,628.38 to counsel for the Customer, satisfying the judgment entered against Plaintiff as the result of the said Verdict. 17. On July 27, 2004, counsel for the Customer filed a Praecipe to Satisfy Judgment, a copy of which is attached hereto as Exhibit "3". 18. Plaintiff has incurred legal fees, costs and out-of-pocket expenses in excess of $9,000.00 in defending the aforesaid lawsuit, which was filed and pursued entirely as a result of the aforesaid willful and improper acts and omissions on the part of Defendant. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,628.38, plus costs. Respectfully submitted, Joseph B. Sobel, Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717)234-2200 4 VFRIFICATTON Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that I am counsel of record for Henry Line, d/b/a Line & Line Jewelers; that at all times pertinent to preparation of the foregoing Complaint, no officer or other duly authorized agent of Line & Line Jewelers, was available to counsel, and his verification could not be obtained without unduly delaying the filing of this Complaint; that the facts set forth in the foregoing Complaint are true upon the said counsel's personal knowledge, information and belief, and upon the information received believes the facts set forth to be true, and makes this verification pursuant to Pa. R.C.P. §1024(c). Dated : o/Ii/oL? Joseph B. Sobel, Attorney for Plaintiff I.D. #17715 Try r n NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION -LAW HENRY LINE, d/b/a NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EXHIBIT 18UE COPY FROM R"'ORD in Tosijr ony Whereof, l has unto set roy haw and tM ! ' Gvurt at Caclisie, Pa. °` - This 9 4 Protho NANCY B. LAUBAC% : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. : CIVIL ACTION -LAW HENRY LINE, d/b/a NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS Defendant : COMPLAINT 1. The plaintiff is Nancy B. Laubach, an adult individual, who at all times relevant to this action, resided at 1465 Hillcrest Court, Apt. 608, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is Henry Line, d/b/a/ Line and Line Jewelers, an adult individual, who at all times relevant to this action, resided at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about July 14, 1999, plaintiff and defendant entered into a contract for consignment whereby plaintiff delivered a diamond ring to defendant and defendant agreed to sell the diamond ring. 4. The contract for consignment provided for the ring to be sold at retail by defendant for $3,000.00. Upon a sale being consummated, plaintiff would receive $2,000.00 and defendant would retain $1,000.00, a copy of said agreement is attached hereto as Exhibit "A", made a part hereof and incorporated into this complaint. 5. Said ring was a .50 ctw emerald cut with an appraised value of $2,975.00, said appraisal is attached hereto as Exhibit "B", made a part hereof and incorporated into this complaint. 6. Plaintiff contacted defendant numerous times from July 14, 1999 to February 21, 2000 inquiring about the status of the consignment. On or about February 21, 2000, plaintiff was advised that the ring was no longer in defendant's possession or control. 8. On or about March 2, 2000, defendant advised plaintiff to contact Kathy Trollinger at James Line Jewelers, as defendant believed that she had possession of the ring. 9. Defendant owed a contractual duty to plaintiff to safeguard the consigned ring, not to lose or give it to another individual. 10. Defendant has breached his contractual duty to safeguard said consigned property. 11. As a result of defendant's breach of contract, plaintiff has suffered damages in the amount of $2,975.00, the appraised value of the ring. 12. Plaintiff has demanded payment of said damages, but defendant has refused to pay plaintiff said damages. In the alternative, plaintiff seeks the return of the ring. 13. In addition, plaintiff has incurred costs to pursue this matter at the District Justice level in the amount of $83.38. WHEREFORE, plaintiff requests: 1. Judgment against defendant in the amount of $3058.38 with interest on such amount as allowed by law from the date of judgment until paid; 2. In the alternative, plaintiff seeks the return of the ring; 3. Reasonable attorney's fees; 4. Such other and further relief as the court deems just and proper. Respectfully submitted, Date: 5-- ?-'Z -00 X a eline M. Verney, Esquire 167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the within Complaint are true and correct to the best of my knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: S- z z- o a Ifk Nand. L ubach PV ?p ?9? ?a? 17 itiit Date 5"c,, v v S a ccteR ?GOa • Gee ?O t 000. r , h ]EXHIBIT A 9FA Appratold M...usse'.,,man's JEWELERS 3588 Capital City Mail, Camp Hill.: PA. 17011 ilhig t8 ft= rxx#lfg that we lore this day of. February 26,1999 tnathiiy ex t . the fodowing Usted and &w*Cd arddes the property of 9 Nancy ?au"ch - -- A4dwu14i J fjiligrest Ctt Camp Hill,_ Pa. 17011 TWO Ntb sited replam =t outs are haw4 oWy on cadmato of the auity of the stonca {=&a spedgkaUy stated that the stona worm} mnowd and gaded) DE,!(`K"ON QF dR11CI.R -- - - VALVi i' One Zadies diamond ring. The diamond is a S2t9?5.00 Emerald cut measuring 5x4.5xMma. The total weight of the diamond is .50ctw. The atone is H in color and VVS2 in clarity. Than atone is set in a 14k yellow gold mounting. One ladies ring. This in an Italio atyied ? y r00 i Cameo, conazisting of red--white-black stones carved into a Trojan's Hand. This is not in a 10k yellox gold mounting. TU fora8 bS appraisal is made prod ocaoptad upon tins expraat =Wdmtaadhq that NO UABILf'fY or respouaibiNty is toaurod by the appraiser in gi.inS soma. Arnraffigul CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing Complaint was served on the following person by placing the same in first class US mail, postage prepaid on the date indicated: Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: 5--Z?-0o J que tMVernm?eAy,Esquire #231 q --'-a 4 South Street Carlisle, PA 17013 (717) 243-9190 Attorney for plaintiff NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. HENRY LINE d/b/a LINE & LINE JEWELERS, DEFENDANT : 00-2829 CIVIL TERM VERDICT AND NOW, this . TC-P day of June, 2004, following a bench trial, I find in favor of plaintiff, Nancy B. Laubach, and against defendant, Henry Line d/b/a Line & Line Jewelers, and award plaintiff damages in the amount of $2,000 with costs and legal interest from March 1, 2000. Edgar Jacqueline M. Verney, Esquire For Plaintiff Joseph B. Sobel, Esquire For Defendant :sal ?~. y%C ?s.pyL? ltti ?: '?': i:? 7),' i'.' i ,*} • +:f 1. ..''W 7 EXHIBIT !''.A. NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW HENRY LINE, d/b/a : NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter satisfied. - Respectfully submitted, Date: 7- -7 ?,acqu ne M. Verney, Esquire O 44 South Hanover Street Carlisle, PA 17013 717 243-9190 Supreme Ct. ID. 23167 Attorney for Plaintiff jp7 EXHIBIT 9 11311 CERTIFICATE OF SERVICE I hereby certify that on the 19thday of October, 2004, a true and correct copy of the foregoing Complaint was served upon Defendant, Kathie Sue Neldigh, by mailing same by first class mail, postage prepaid, to her attorney of record, at the following address: Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 c? P-,. Get ]oseph'B. Sobel Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 r1 C:."5 f is r tI'`O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff V. KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER Defendant CIVIL ACTION - LAW NO. 2004 - 4963 NOTICE TO PLEAD TO: Henry Line d/b/a Line & Line Jewelers Joseph B. Sobel, Esquire LAW OFFICES OF JOSEPH B. SOBEL Suite 202 - Cranberry Court 212 North Third Street Harrisburg, PA 17101-1505 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. ROMINGER, BAYLEY & WHARE Attorney I.D. No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant James I. Nelson, Esquire c:;a - x x7 Cn 'r? HENRY LINE, : IN THE COURT OF COMMON PLEAS OF d/b/a LINE & LINE JEWELERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 04-4963 Civil Term KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER, Defendant 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 Amended 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viete (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avidsado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o Notificacion y por qualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA]O PARA AVERIGUAR DONDE SE PUEDE COIVSGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Date: 12-28-04 t' /X ^- - , A;?2 30s Oh B. Sobel, Atto y for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 HENRY LINE, : IN THE COURT OF COMMON PLEAS OF d/b/a LINE & LINE JEWELERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 04-4963 Civil Term KATHIE SUE NEIDIGH, f/k/a KATHY SUE TROLINGER, Defendant AMENDED COMPLAINT 1. Plaintiff is Henry Line (hereinafter "Plaintiff"), an adult individual, doing business as Line and Line Jewelers, whose principal place of business is located at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Kathie Sue Neidigh (hereinafter "Defendant"), formerly known as Kathie Sue Trolinger, an adult individual, whose last known address is 126 Beech Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant was hired by Line & Line Jewelers (hereinafter "Line & Line"), on or about March 12, 1999, as a retail sales assistant,, in which capacity her duties were exclusively as prescribed verbally upon her hiring,, and then from time to time, by Plaintiff, under the direct and exclusive supervision of Plaintiff. 4. On or about July 14, 1999, Defendant willfully embarked upon a proscribed course of conduct involving a certain diamond ring brought by one Nancy B. Laubach (hereinafter the "Customer") into Plaintiff's place of business for the purpose of attempting to consign it to Plaintiff, for sale through Plaintiff's retail jewelry business. 5. On information and belief, Plaintiff avers that the pertinent facts concerning Defendant's dealings with the Customer, exclusive of conclusions of law, are partially as set forth in a Complaint filed by the Customer, a true and correct copy of which, with Exhibits, is attached hereto as Exhibit "1", and that Defendant's course of conduct, as determined in the course of the ensuing litigation, included, inter alia, the willful and prohibited acts and omissions enumerated in the following paragraphs numbered 6 through 12. 6. Defendant accepted the Customer's property without having her sign a written form or memorandum reflecting the nature and purpose of the purported consignment transaction, which was of a kind beyond the authority of each and every Line & Line employee, including Defendant, to enter into, as Defendant at all pertinent times knew or should have known. 7. In addition, Defendant improperly failed to give the Customer a copy of such a document or any other form of written receipt for the property, as Defendant at all pertinent times knew or should have known was required. 8. Defendant failed to describe the Customer's property correctly or accurately on an appropriate memorandum or work order signed by the Customer, as Defendant at all pertinent times knew or should have known was required. 2 9. Defendant failed to enter receipt and proper description of the Customer's property in the appropriate records or journals maintained by her employer, as Defendant at all pertinent times knew or should have known was required. 10. Defendant failed, upon purported sale of part of the Customer's property, consisting of the ring in which Customer's diamond was mounted, to create or maintain a full and accurate record of the transaction on behalf of her employer, as Defendant at all pertinent times knew or should have known was required. 11. Defendant failed, although she at all pertinent times knew or should have known she was so required, to obtain prior approval from the Customer for the dismantling and partial sale of her property or to notify the Customer of such sale and to account for the proceeds, none of which were knowingly received by Plaintiff. 12. Defendant failed to store or account properly for disposition of that part of the Customer's property remaining unsold, consisting of Customer's diamond, after dismantling and sale of part of the Customer's property, specifically the mounting, although she at all pertinent times knew or should have known she was required to do so. 13. All of the foregoing acts and omissions, referenced in paragraphs 3 through 12, were improper and beyond the scope of Defendant's authority to act as Plaintiff's agent or employee, in her capacity of retail sales assistant or otherwise, and were contrary to and injurious to the interests of Plaintiff and in direct violation 3 of clear and consistent instructions given by Plaintiff to Defendant and other employees of Plaintiff, throughout the period of Defendant's employment. 14. As a direct and immediate consequence of Defendant's foregoing course of conduct, the Customer filed the Complaint attached as Exhibit against Plaintiff on or about May 22, 2000, in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 2000-2829 Civil Term. 15. On May 7, 2003, Plaintiff took Defendant's deposition, as a witness identified as such by the Customer, Plaintiff in the aforesaid Exhibit "'1", at which time Defendant became, if not earlier, fully acquainted with the substance of the aforesaid lawsuit. 16. Having been placed on notice as to the pendency of the said lawsuit and her personal role in the events pertinent thereto, as of May 7, 2003 at the latest, Defendant at no time attempted to intervene in the lawsuit or indicated that she would agree to join or be joined as a party, in any capacity. 17. On June 30, 2004, The Honorable Edgar 13. Bayley issued a Verdict in the Civil Action brought by the Customer against the Plaintiff herein, finding in favor of the Customer and against Plaintiff, and awarded damages in the amount of $2,000.00 plus costs and interest. A true and correct copy of the Verdict is attached hereto as Exhibit "2". 4 18. On or about July 15, 2004, Plaintiff herein issued a check in the amount of $2,628.38 to counsel for the Customer, satisfying the judgment entered against Plaintiff as the result of the said Verdict. 19. On July 27, 2004, counsel for the Customer filed a Praecipe to Satisfy Judgment, a copy of which is attached hereto as Exhibllt "3". 20. Plaintiff incurred not less than $9,676.99 in legal fees and costs in defending the aforesaid lawsuit, which was filed and pursued entirely as a result of the aforesaid willful and improper acts and omissions on the part of Defendant, all of which were, singly and as a whole, both in breach of her obligations to Plaintiff as his employee and contrary to law and to express instructions given her directly by Plaintiff throughout the course of her employment. WHEREFORE, Plaintiff demands judgment against: Defendant in the amount of $12,304.97, plus such further damages as may be proven, with costs of this action. Respectfully submitted, r _Y4,* ?-4') (& Joseph B. Sobel, Attorn for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 5 Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that I am counsel of record for Henry Line, d/b/a Line & Line Jewelers; that at all times pertinent to preparation of the foregoing Amended Complaint, the Plaintiff was unavailable to counsel, and his verification could not be obtained without unduly delaying the filing of this Amended Complaint; that the facts set forth in the foregoing Amended Complaint are true upon the said counsel's personal knowledge, information and belief, and upon the information received believes the facts set forth to be true, and makes this verification pursuant to Pa. R.C.P. §1024(c). Dated: 12-28-04 !Oz, . (W3?2 Joseph B. Sobel, Attorney for Plaintiff I.D. #17715 NANCY B. LAUBACH, Plaintiff VS. HENRY LINE, d/b/a LINE AND LINE JEWELERS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 2821) CIVIL TERM 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EXHIBIT I RUE COPY FROM ?RECC.O?RD in Teolmony wnereO, I here Ad the i of Court at Carllats. O tins Psotho NANCY B. LAUBACH, Plaintiff VS. HENRY LINE, d/b/a LINE AND LINE JEWELERS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTIO14 -LAW NO. 2000 - 2821) CIVIL TERM COMPLAINT 1. The plaintiff is Nancy B. Laubach, an adult individual, who at all times relevant to this action, resided at 1465 Hillcrest Court, Apt. 608, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is Henry Line, d/b/a/ Line and Line Jewelers, an adult individual, who at all times relevant to this action, resided at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about July 14, 1999, plaintiff and defendant entered into a contract for consignment whereby plaintiff delivered a diamond ring to defendant and defendant agreed to sell the diamond ring. 4. The contract for consignment provided for the ring to be sold at retail by defendant for $3,000.00. Upon a sale being consummated, plaintiff would receive $2,000.00 and defendant would retain $1,000.00, a copy of said agreement is attached hereto as Exhibit "A", made a part hereof and incorporated into this complaint. 5. Said ring was a.50 ctw emerald cut with an appraised value of $2,975.00, said appraisal is attached hereto as Exhibit "B", made a part hereof and incorporated into this complaint. 6. Plaintiff contacted defendant numerous times from July 14, 1999 to February 21, 2000 inquiring about the status of the consignment. 7. On or about February 21, 2000, plaintiff was advised that the ring was no longer in defendant's possession or control. 8. On or about March 2, 2000, defendant advised plaintiff to contact Kathy Trollinger at James Line Jewelers, as defendant believed that she had possession of the ring. 9. Defendant owed a contractual duty to plaintiff to safeguard the consigned ring, not to lose or give it to another individual. 10. Defendant has breached his contractual duty to safeguard said consigned property. 11. As a result of defendant's breach of contract, plaintiff has suffered damages in the amount of $2,975.00, the appraised value of the ring. 12. Plaintiff has demanded payment of said damages, but defendant has refused to pay plaintiff said damages. In the alternative, :plaintiff seeks the return of the ring. 13. In addition, plaintiff has incurred costs to pursue this matter at the District Justice level in the amount of $83.38. WHEREFORE, plaintiff requests: 1. Judgment against defendant in the amount of $3058.38 with interest on such amount as allowed by law from the date of judgment until paid; 2. In the alternative, plaintiff seeks the return of the ring; 3. Reasonable attorney's fees; 4. Such other and further relief as the court deems just and proper. Respectfully submitted, Date: ac eline bA. Verney, Esquire 167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the within Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: S- Z Z- o o 44tt-t-,r 0 t 6,1aJk-"- Nanc)?,B. diubach Z - w -5 DWMRN r . S? v V S -c,Z - Ir?ccleZ ,Goo ,00 '?"'fl m1?5•LQa?a?1+ - C?-? • t 600 . o co • rid`, ? .. EXHIBIT A Appmwid Musselman's JEWELERS 3588 Capital City Mall, Camp Hill, Pi. 17011 #tM tS tji rlltlf g that we here d& day o[.cFebruary 26 • 1999 exeea OM da fAt lilted and dwafted arfidw the prop wty of 7til Mwe aadwetted replaoament an& are band ,only on eWwa at of the guAq of dye Mona (asAm spee:iiikdiy sGttend tut the stops wens nmo.W and pwleed) One Ladies diamond ring. The diamond is a Emerald out measuring 6x465x2.9er?m. The total $2,975.00 veight of the diamond In .50ety. The stone is H in color and VVS2 in clarity. The stone is set in a 14k yellow gold mounting. One ladies ring. This is an Italia styled $ 2 .00 Cameo, consisting of red-vhite-black stones carved into a Trojan's Read. This is set In a 10k yellow }told mounting. MW fonpobs appeabd b wade add mexero Nd upon the wgwm mndmisedims fist NO L BU T1 V or s+aryo?ibii{ty is lowsied by the eeppnim in SW*S se nw. Altnrufrtul Exhibit „E" CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served on the following person by placing the same in first class US mail, postage prepaid on the date indicated: Mark D. Schwartz, Esquire 60 West Pomfret Street. Carlisle, PA 17013 ()? _._, Date: ?- ZZ-00 L 1 que a IA. Verney, Esquire #231 South Hanover Street Carlisle, PA. 17013 (717) 243-9190 Attorney for plaintiff NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. HENRY LINE d/b/a LINE & LINE JEWELERS, DEFENDANT 00-2829 CIVIL TERM VERDICT AND NOW, this _?9 day of June, 2004, following a bench trial, I find in favor of plaintiff, Nancy B. Laubach, and against defendant, Henry Line d/b/a Line & Line Jewelers, and award plaintiff damages in the amount of $2,000 with costs and legal interest from March 1, 2000. By Edgar -B. Bayley, Jacqueline M. Verney, Esquire For Plaintiff Joseph B. Sobel, Esquire For Defendant :sal iii "xf tr as eeii4?I?°.3„x!?. EXHIBIT .211 7: NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - ]LAW HENRY LINE, d/b/a :NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter satisfied. t. Respectfully submitted, Date:? acquJne M. Verney, Esquire O 44 South Hanover Street Carlisle, PA 17013 717 243-9190 Supreme Ct. ID. 23167 Attorney for Plaintiff EXHIBIT .311 CERTIFICATE OF SERVICE I hereby certify that on the 28th day of December, 2004, a true and correct copy of the foregoing Amended Complaint was served upon Defendant, Kathie Sue Neidigh, by mailing same by first class mail, postage prepaid, to her attorney of record, at the following address: James L. Nelson, Esquire Rominger, Bayley & Wharf: 155 South Hanover Street: Carlisle, PA 17013 Joseph 9. Sobel Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 t c? n f r Cl l n X71 ? Ei +a1Yj f?J 3J C+J "C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff CIVIL ACTION - LAW V. NO. 2004 -496-- KATHIE SUE NEIDIGH, W f/k/a KATHIE SUE TROLINGER Defendant NOTICE TO PLEAD TO: Henry Line d/b/a Line & Line Jewelers c/o Joseph B. Sobel, Esquire LAW OFFICES OF JOSEPH B. SOBEL Suite 202 - Cranberry Court 212 North Third Street Harrsiburg, PA 17101-1505 You are hereby notified to file a written response to the enclosed preliminary objections within twenty (20) days from service hereof or a judgment may be entered against you. ROMINGE14, BAYLEY & WHARE Tames Nelson, Esquire Atorne D. No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff CIVIL ACTION - LAW V. NO. 2004 -- 4962 KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER Defendant DEFENDANT'S PRELIMINARY OB.TECTION TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, this I lch day of January, 2005, comes the Defendant, KATHIE S. NEIDIGH, by and through her counsel, Rominger, Bayley & Whare, and files the following Preliminary Objection to Plaintiff's Amended Complaint, and in support thereof avers as follows: LEGAL INSUFFICIENCY (DEMUFaER) 1. Pennsylvania Rule of Civil Procedure 1028(a)(4) provides that a defendant may object to a pleading because of legal insufficiency of a pleading. 2. The Plaintiff's Amended Complaint does not set :forth a claim or cause of action that would entitle him to the relief sought. 3. The Complaint filed by Nancy B. Laubach (hereinafter "Laubach matter") against the Plaintiff in the instant matter and attached to the Plaintiff's Amended Complaint as Exhibit "I," and decided on the merits by Court of Common Pleas of Cumberland County, involved issues of fact the same as those raised by Plaintiff Line in this matter. 4. The Defendant in the instant matter was in privity with Line when he was the Defendant in the complaint brought by Nancy B. Laubach. Line, the Plaintiff in the instant matter, had a full and fair opportunity to litigate the alleged liability of Ms. Neidigh in the Laubach matter. 6. Notwithstanding the fact that Ms. Neidigh was not a party in the Laubach matter, this Court may find that Plaintiff Line is bound by that decision since he was in a position to control that litigation; to wit, he could have - and should have -- joined Ms. Neidigh as a third- party defendant. 7. The cause of action raised by Plaintiff Line arises out of the identical transaction or occurrence upon which the Laubach matter was based. 8. Pennsylvania Rule of Civil Procedure 2252(a) provides in pertinent part that in any action the defendant may join as an additional defendant "any person whether or not a party to the action, who may be solely liable on the plaintiff's cause of action, or liable over to the joining party on the plaintiff's cause of action, or jointly or severally liable with the joining party on the plaintiffs cause of action, or liable to the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the plaintiff s cause of action is based. [Emphasis added.] WHEREFORE, Defendant Kathie S. Neidigh respectfully requests that the Plaintiff s Complaint be stricken. Submitted, ROMINGER, BAYLEY & WHARE Nelson, Esquire S.D. No. 91144 th Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, this 1 Ith day of January, 2005, 1, James I. Nelson, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Preliminary Objections, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Joseph B. Sobel, Esquire LAW OFFICES OF JOSEPH B. SOBEL Suite 202 - Cranberry Court 212 North Third Street Harrisburg, PA 17101-1505 ROMINGRRI BAYLEY & WHARE son, Esquire No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant 4 .. C_7 ?r- ri l ;7 HENRY LINE, : IN THE COURT OF COMMON PLEAS OF d/b/a LINE & LINE JEWELERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 04-4963 Civil Term KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER, Defendant 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 Second Amended 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en [as paginas siguientes, usted tiene viete (20) dias de plazo ai partir de la fecha de is demanda y is notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defenses o sus objeciones a ]as demandas en contra de su persona. Sea avidsado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o Notificacion y por qualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Date: 1-28-05 ?' Joseph IT. obeli, Attorney or Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff vs. KATHIE SUE NEIDIGH, f/k/a KATHY SUE TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4963 Civil Term SECOND AMENDED COMPLAINT 1. Plaintiff is Henry Line (hereinafter "Plaintiff'), an adult individual, doing business as Line and Line Jewelers, a sole proprietorship, whose principal place of business is located at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Kathie Sue Neidigh (hereinafter "Defendant'), formerly known as Kathie Sue Trolinger, an adult individual, whose last known address is 126 Beech Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant was hired by Line & Line Jewelers (hereinafter "Line & Line"), on or about March 12, 1999, as a retail sales assistant, in which capacity her duties were exclusively as prescribed verbally upon her hiring, and then from time to time, by Plaintiff, under the direct and exclusive supervision of Plaintiff. 4. As Defendant had been informed and at all pertinent times either knew or should have known, Line & Line operated a retail Jewelry business, which neither held itself out to the public as a consignment shop nor accepted goods from individual members of the public on consignment in the ordinary course of business. 5. At the time of her hiring, Defendant had no prior experience or training in retail jewelry sales, evaluation of precious stones or proper handling of consignment transactions. 6. At no time during the course of her employment by Line & Line did Defendant have or acquire either the requisite knowledge or authority from Line & Line to engage independently in the conduct of any form of transaction involving precious stones. 7. On or about July 14, 1999, with neither the knowledge nor consent of Plaintiff, Defendant willfully embarked upon a proscribed course of conduct involving a certain diamond ring brought by one Nancy B. Laubach (hereinafter the "Customer") into Plaintiff's place of business for the purpose of attempting to consign it to Line & Line, for sale through its retail jewelry business. 8. On information and belief, Plaintiff avers that the pertinent facts concerning Defendant's dealings with Customer, exclusive of conclusions of law, are partially as set forth in a Complaint filed by Customer, a true and correct copy of which, with Exhibits, is attached hereto as Exhibit "I", and that Defendant's course of conduct, as determined in the course of the erisuing litigation, included, is r alia, the willful and prohibited acts and omissions enumerated in the following paragraphs numbered 9 through 17. 9. Defendant admittedly entered into a purported oral agreement with Customer for the consignment sale of Customer's diamond ring, which was a transaction beyond the authority of each and every Line & Line employee, including 2 Defendant, to enter into, as Defendant had been instructed and at all pertinent times knew or should have known. 10. Defendant admittedly received and assumed custody of and full control over Customer's property without having Customer sign a document reflecting the nature and purpose of Defendant's assumption of custody. 11. Defendant admittedly failed to give Customer any form of written receipt for the property. 12. Defendant admittedly failed to describe Customer's property correctly or accurately on an appropriate memorandum or work order signed by the Customer, as Defendant at all pertinent times knew or should have known was required. 13. Defendant admittedly failed to enter her receipt, with accurate description, of Customer's property in the appropriate records maintained by Line & Line, or in any other manner to inform her employer of her course of conduct, as Defendant at all pertinent times knew or should have known was required of her. 14. Defendant admittedly failed, upon purported sale of part of the Customer's property, consisting of the ring in which Customer's diamond was mounted, to create or maintain a full and accurate record of the transaction on behalf of her employer, as Defendant at all pertinent times knew or should have known was required. 15. Defendant admittedly failed, although she at all pertinent times knew or should have known she was so required, to obtain prior approval from Customer for the dismantling and partial sale of her property or to notify Customer of such sale 3 and to account for the proceeds, none of which were knowingly received by Line & Line. 16. Defendant admittedly failed to store or account properly for disposition of that part of the Customer's property remaining unsold, consisting of Customer's diamond, after dismantling and sale of part of the C'ustomer's property, specifically the mounting, although she at all pertinent times knew or should have known she was required to do so. 17. All of the foregoing acts and omissions, referenced in paragraphs 7 through 16, were improper and beyond the scope of Defendant's authority to act as Plaintiff's agent or employee, in her capacity of retail sales assistant or otherwise, and were contrary to and injurious to the interests cf Plaintiff and in direct violation of clear and consistent instructions given by Line & Line to Defendant and other employees of Line & Line, throughout the period of Defendant's employment. 18. Defendant left Plaintiff's employ on or about December 24, 1999, then immediately assumed a retail sales position in a competing jewelry business owned by another former employee of Plaintiff. 19. At no time during the course of her employment by Line & Line did Defendant apprise Plaintiff as to any aspect of the above-described consignment transaction, nor did Plaintiff become aware of the transaction until on or about March 2, 2000, when Customer came to his place of business to meet with him concerning the purported consignment. 20. As a direct and immediate consequence of Defendant's foregoing course of conduct, the Customer filed the Complaint attached as Exhibit "1", against 4 Plaintiff on or about May 22, 2000, in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 2000-2829 Civil Term. 21. On May 7, 2003, Line & Line took Defendant's deposition, as a witness identified by the opposing party in that lawsuit, at which time Defendant became, if not earlier, fully acquainted with the substance of the aforesaid lawsuit, and Plaintiff first began to learn of the precise nature and extent of Defendant's misfeasance. 22. On July 14, 2003, Plaintiff filed a Complaint based on the foregoing events, with District Justice Paula Correal, which was forthwith served on Defendant. 23. Having been placed on notice as to the pendency of Customer's lawsuit and fully informed of allegations as to her personal role in the events pertinent thereto, Defendant at no time either attempted to intervene in the lawsuit or indicated that she would agree to join or be joined as a party, in any capacity. 24. On June 30, 2004, The Honorable Edgar B. Bayley issued a Verdict in the Civil Action brought by Customer against the Plaintiff herein, finding in favor of Customer and against Plaintiff, and awarded damages in the amount of $2,000.00 plus costs and interest. A true and correct copy of the Verdict is attached hereto as Exhibit "2". 25. On or about July 15, 2004, Plaintiff herein issued a check in the amount of $2,628.38 to counsel for the Customer, satisfying the judgment entered against Plaintiff as the result of the said Verdict. 26. On July 27, 2004, counsel for the Customer filed a Praecipe to Satisfy Judgment, a copy of which is attached hereto as Exhibit "3". 5 27. On September 28, 2004, following a series of continuances requested by Defendant, hearing was held on the Complaint described in paragraph 22, above, and Defendant subsequently appealed. 28. Plaintiff incurred not less than $9,676.59 in legal fees and costs in defending the aforesaid lawsuit brought against Line & Line, which was filed and pursued entirely as a result of the above-described willful and improper acts and omissions on the part of Defendant, all of which were, singly and as a whole, both in breach of her obligations to Plaintiff as his employee and contrary to law and to express instructions given her directly by Plaintiff throughout the course of her employment. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,304.97, plus such further damages as may be proven, with costs of this action. Respectfully submitted, 9 Q Joseph B. Sobel, Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 6 Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that I am counsel of record for Henry Line, d/b/a Line & Line Jewelers; that at all times pertinent to preparation of the foregoing Second Amended Complaint, the Plaintiff was unavailable to counsel, and his verification could not be obtained without unduly delaying the filing of this Second Amended Complaint; that the facts set forth in the foregoing Second Amended Complaint are true upon the said counsel's personal knowledge, information and belief, and upon the information received believes the facts set forth to be true, and makes this verification pursuant to Pa. R.C.P. §1024(c). Dated: 1-28-05 Joseph EK obe , Attorney for Plaintiff I.D. #17715 NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. : CIVIL ACTION-LAW HENRY LINE, d/b/a NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EXHIBIT I;IUF COPY FROM REGORD in TOStimony whereot. I here unto set my hano and the seal of said Court at Carlisle, Pa. Tht orothon Y NANCY B. LAUBACH, Plaintiff VS. HENRY LINE, d/b/a LINE AND LINE JEWELERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION-LAW NO. 2000 - 2829 CIVIL TERM COMPLAINT The plaintiff is Nancy B. Laubach, an adult individual, who at all times relevant to this action, resided at 1465 Hillcrest Court, Apt. 608, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is Henry Line, d/b/a/ Line and Line Jewelers, an adult individual, who at all times relevant to this action, resided at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about July 14, 1999, plaintiff and defendant entered into a contract for consignment whereby plaintiff delivered a diamond ring to defendant and defendant agreed to sell the diamond ring. 4. The contract for consignment provided for the ring to be sold at retail by defendant for $3,000.00. Upon a sale being consummated, plaintiff would receive $2,000.00 and defendant would retain $1,000.00, a copy of said agreement is attached hereto as Exhibit "A", made a part hereof and incorporated into this complaint. 5. Said ring was a .50 ctw emerald cut with an appraised value of $2,975.00, said appraisal is attached hereto as Exhibit "B", made a part hereof and incorporated into this complaint. 6. Plaintiff contacted defendant numerous rimes from July 14, 1999 to February 21, 2000 inquiring about the status of the consignment. 7. On or about February 21, 2000, plaintiff was advised that the ring was no longer in defendant's possession or control. 8. On or about March 2, 2000, defendant advised plaintiff to contact Kathy Trollinger at James Line Jewelers, as defendant believed that she had possession of the ring. 9. Defendant owed a contractual duty to plaintiff to safeguard the consigned ring, not to lose or give it to another individual. 10. Defendant has breached his contractual duty to safeguard said consigned property. 11. As a result of defendant's breach of contract, plaintiff has suffered damages in the amount of $2,975.00, the appraised value of the ring. 12. Plaintiff has demanded payment of said damages, but defendant has refused to pay plaintiff said damages. In the alternative, plaintiff seeks the return of the ring. 13. In addition, plaintiff has incurred costs to pursue this matter at the District Justice level in the amount of $83.38. WHEREFORE, plaintiff requests: 1. Judgment against defendant in the amount of $3058.38 with interest on such amount as allowed by law from the date of judgment until paid; 2. In the alternative, plaintiff seeks the return of the ring; 3. Reasonable attorney's fees; 4. Such other and further relief as the court deems just and proper. Respectfully submitted, z Date: ac eline M. Verney, Esquire Affi 167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION 1 verify that the statements made in the within Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. t'ui e % ' (n Dated: S Z Z - o ° Nanc . Laubach 9 App"d M--usselmaifs JEWELERS 3588 capital city Maii. Camp Bill. Ph- 17011 3hts fogs ortifg that webmthbdwyot February 26,1994 41W AY exanOwd do fodow* Sited mad dwaihed arWo the p apeety of - Tam wdmatad mpboamaat costa am based only on esiimafts of do quality of the atoaa (solom vociticeDy stated that the stomm gene temoveil and vwbd) ?I of smirneN Of ARTICLE I VALU! I? One ladies diamond ring. The diamond is a $p,g75.00 Emerald out measuring 6x4.5x2.9mm. The total weight of the diamond is .50ctw. The shone is H in color and WS2 in clarity. The stone is set in a 14% yellow gold mounting. One ladies ring. This is an Italia stylied # 2 .00 Cameo, consisting of zed-white-black stones carved Into a Trojan's Head. This is sot: in a 10k yellow hold mounting. The fotepoing app rakal b aaa& ow soeaptw opom deo wgwm undantnndbw tint NO LtABILrrtY or euponatb8hy is Imuned by the spprabw is Owing mow. AaT.Umfunt Exhibit "B.. r^w-^ ?rAwppwi„"??A??P? phi '? MS ? AAqA Dds PA 4 .c.Q nle- 4a 1 EXHIBIT A CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served on the following person by placing the same in first class US mail, postage prepaid on the date indicated: Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 V Date: 5-- ZZ-c7U 9? L J que a M. Verney, Esquire #231 4 South Hanover Street Carlisle, PA 117013 (717) 243-9190 Attorney for plaintiff NANCY B. LAUBACH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HENRY LINE d/b/a LINE & LINE JEWELERS, DEFENDANT 00-2829 CIVIL TERM VERDICT AND NOW, this ?_day of June, 2004, following a bench trial, 1 find in favor of plaintiff, Nancy B. Laubach, and against defendant, Henry Line dfb/a Line & Line Jewelers, and award plaintiff damages in the amount of $2,000 with costs and legal interest from March 1, 2000. By Edgar B. Bayley, Jacqueline M. Verney, Esquire For Plaintiff Joseph B. Sobel, Esquire For Defendant sal ? ? /rte {y 42 EXHIBIT 11 2" NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW HENRY LINE, d/b/a :NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter satisfied. Respectfully submitted, r: o Date: 7a 7 -6 , acqu ne M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 717 243-9190 Supreme Ct. ID. 23167 Attorney for Plaintiff EXHIBIT 1 3 CERTIFICATE OF SERVICE: I hereby certify that on the 28th day of January, 2005, a true and correct copy of the foregoing Second Amended Complaint was served upon Defendant, Kathie Sue Neidigh, by mailing same by first class mail, postage prepaid, to her attorney of record, at the following address: James L. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Joseph B. Sobel Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 r ? ,'Y1 -? ??\, r - I ? :'..: : t. ' i • { : ? f ' `.. ,. . ^ C ?. . i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY LINE, d(bla LINE & LINE JEWELERS, Plaintiff V. KATHIE SUE NEIDIGH, f/kla KATHIE SUE TROLINGER Defendant CIVIL ACTION - LAW NO. 2004 - 4961 2 NOTICE 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 ajudgment 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualguier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTF DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO ALA Of WI NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAK DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BAYLEY & WHARE r igg er, EscjE,I No. 81924 James I. Nelson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV /yNIA HENRY LINE, dIb/a LINE & LINE JEWELERS, Plaintiff CIVIL ACTION - LAW V. NO. 2004 -- 4961 L KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER Defendant DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NOW, this I OT n day of February, 2005, comes the Defendant, KATHIE S. NEIDIGH, by and through her counsel, Rominger, Bayley & Whare, and files the following Preliminary Objection to Plaintiff's Second Amended Complaint. a=ld in support thereof avers as follows: LEGAL INSUFFICIENCY (DEMURRER) Pennsylvania Rule of Civil Procedure 1028(a)(4) provides that a defendant may object to a pleading because of legal insufficiency of a pleading. The Plaintiff s Amended Complaint does not set forth a claim or cause of action that would entitle him to the relief sought. The Complaint filed by Nancy B. Laubach (hereinafter "Laubach matter") against the Plaintiff in the instant matter and attached to the Plaintiff's Amended Complaint as Exhibit "1," and decided on the merits by Court of Common Pleas of Cumberland County, involved issues of fact the same as those raised by Plaintiff Line in this matter 4. The Defendant in the instant matter was in privity with Line when he was the Defendant in the complaint brought by Nancy B. Laubach. 5. Line, the Plaintiff in the instant matter, had a full and fair opportunity to litigate the alleged liability of Ms. Neidigh in the Laubach matter. 6. Notwithstanding the fact that Ms. Neidigh was not a party in the Laubach matter, this Court may find that Plaintiff Line is bound by that decision since he was in a position to control that litigation; to wit, he could have - and should have - jc ned Ms. Neidigh as a third- party defendant. The cause of action raised by Plaintiff Line arises out of the identical transaction or occurrence upon which the Laubach matter was based. 8. Pennsylvania Rule of Civil Procedure 2252(a) provides in pertinent part that in any action the defendant may join as an additional defendant "any person whether or not a party to the action, who may be solely liable on the plaintiff s cause of action, or liable over to the joining party on the plaintiff's cause of action, or jointly or severally liable with the joining party on the plaintiff's cause of action, or liable to the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the plaintiff s cause of action is based. [Emphasis added.] 9. In light of the fact that nearly six years have passed -?-e the alleged events, permitting Plaintiff Line to continue with this action against Ms. Neidigh - notwithstanding his inexcusable neglect in failing to join her as a third-party defendant in the Laubach matter - would work undue hardship and prejudice upon Ms. Neidigh. WHEREFORE, Defendant Kathie S. Neidigh respectfully requests that the Plaintiff's Complaint be stricken. Submitted, BAYLEY & WHARE nger, Esquire No. 81924 James I. Nelson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, this 10`" day of February, 2005, 1, James I. Nelson, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Preliminary Objections, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Joseph B. Sobel, Esquire LAW OFFICES OF JOSEPH B. SOBS: Suite 202 - Cranberry Court 212 North Third Street Harrisburg, PA 171014505 BAYLEY & WHARE Nelson, Esquire `hD. No. 91144 Fh Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant r ? } ? 'i1 ?.. t U c?_r HENRY LINE, IN THE COURT OF COMMON PLEAS OF d/b/a LINE & LINE JEWELERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 04-4963 Civil Term KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER, Defendant NOTICE TO DEEEND 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 Third Amended 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en [as paginas siguientes, usted tiene viete (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avidsado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o Notificacion y por qualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Date: 3-1-05 J6 ?? Joseph B. Sobel, Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff vs. KATHIE SUE NEIDIGH, f/k/a KATHY SUE TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4963 Civil Term THIRD AMENDED COMPLAINT 1. Plaintiff is Henry Line (hereinafter "Plaintiff"), an adult individual, doing business as Line and Line Jewelers, a sole proprietorship, whose principal place of business is located at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Kathie Sue Neidigh (hereinafter "Defendant"), formerly known as Kathie Sue Trolinger, an adult individual, whose last known address is 126 Beech Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant was hired by Line & Line Jewelers (hereinafter "Line & Line"), on or about March 12, 1999, as a retail sales assistant, in which capacity her duties were exclusively as prescribed verbally upon her hiring, and then from time to time, by Plaintiff, under the direct and exclusive supervision of Plaintiff. 4. As Defendant had been informed and at all pertinent times either knew or should have known, Line & Line operated a retail jewelry business, which neither held itself out to the public as a consignment shop nor accepted goods from individual members of the public on consignment in the ordinary course of business. 5. At the time of her hiring, Defendant had no prior experience or training in retail jewelry sales, evaluation of precious stones or proper handling of consignment transactions. 6. At no time during the course of her employment by Line & Line did Defendant have or acquire either the requisite knowledge or authority from Line & Line to engage independently in the conduct of any form of transaction involving precious stones. 7. In accepting employment with Line & Line, Defendant knowingly and implicitly undertook continuing responsibility for proper use, handling and disposition of all personal property of her employer, as well as personal property coming from third persons directly, indirectly or constructively into her possession or within her control during the course of her employment. 8. In accepting employment with Line & Line, Defendant knowingly and implicitly undertook continuing responsibility for proper use, handling and disposition of all personal property coming from third persons directly, indirectly or constructively into the possession of her employer by or through Defendant, by virtue of her position as agent, employee or servant of Plaintiff. 9. In accepting employment with Line & Line, Defendant knowingly and implicitly agreed to serve, advance and protect the business or commercial interests of her employer in every matter reasonably bearing upon or related to the performance of her assigned job duties and responsibilities. 2 10. In accepting employment with Line & Line, Defendant knowingly and implicitly agreed to abide by the instructions, procedures and restrictions relating to employees of Line & Line during the course of their employment. 11. In accepting employment with Line & Line, Defendant knowingly and implicitly agreed to abide by standards of truthfulness, honesty and fair dealing prevalent in the business in which Line & Line was engaged, particularly as regards the handling of personal property entrusted to Defendant by customers of Line & Line. 12. On or about July 14, 1999, with neither the knowledge nor consent of Plaintiff, Defendant willfully embarked upon a proscribed course of conduct, in violation of the contractual commitments set forth in the foregoing paragraphs 7 through 11, involving a certain diamond ring brought by one Nancy B. Laubach (hereinafter the "Customer") into Plaintiff's place of business for the purpose of attempting to consign it to Line & Line, for sale through its retail jewelry business. 13. On information and belief, Plaintiff avers that the pertinent facts concerning Defendant's dealings with Customer, exclusive of conclusions of law, are partially as set forth in a Complaint filed by Customer, a true and correct copy of which, with Exhibits, is attached hereto as Exhibit "1", and that Defendant's course of conduct, as determined in the course of the ensuing litigation, included, inter alia, the willful and prohibited acts and omissions enumerated in the following paragraphs numbered 9 through 17. 14. Defendant admittedly entered into a purported oral agreement with Customer for the consignment sale of Customer's diamond ring, which was a 3 transaction beyond the authority of each and every Line & Line employee, including Defendant, to enter into, as Defendant had been instructed and at all pertinent times knew or should have known. 15. Defendant admittedly received and assumed custody of and full control over Customer's property without having Customer sign a document reflecting the nature and purpose of Defendant's assumption of custody. 16. Defendant admittedly failed to give Customer any form of written receipt for the property. 17. Defendant admittedly failed to describe Customer's property correctly or accurately on an appropriate memorandum or work order signed by the Customer, as Defendant at all pertinent times knew or should have known was required. 18. Defendant admittedly failed to enter her receipt, with accurate description, of Customer's property in the appropriate records maintained by Line & Line, or in any other manner to inform her employer of her course of conduct, as Defendant at all pertinent times knew or should have known was required of her. 19. Defendant admittedly failed, upon purported sale of part of the Customer's property, consisting of the ring in which Customer's diamond was mounted, to create or maintain a full and accurate record of the transaction on behalf of her employer, as Defendant at all pertinent times knew or should have known was required. 20. Defendant admittedly failed, although she at all pertinent times knew or should have known she was so required, to obtain prior approval from Customer for the dismantling and partial sale of her property or to notify Customer of such sale 4 and to account for the proceeds, none of which were knowingly received by Line & Line. 21. Defendant admittedly failed to store or account properly for disposition of that part of the Customer's property remaining unsold, consisting of Customer's diamond, after dismantling and sale of part of the Customer's property, specifically the mounting, although she at all pertinent times knew or should have known she was required to do so. 22. All of the foregoing acts and omissions, referenced in paragraphs 7 through 16, were improper and beyond the scope of Defendant's authority to act as Plaintiff's agent or employee, in her capacity of retail sales assistant or otherwise, and were contrary to and injurious to the interests of Plaintiff and in direct violation of clear and consistent instructions given by Line & Line to Defendant and other employees of Line & Line, throughout the period of Defendant's employment. 23. Defendant left Plaintiff's employ on or about December 24, 1999, then immediately assumed a retail sales position in a competing jewelry business owned by another former employee of Plaintiff. 24. At no time during the course of her employment by Line & Line did Defendant apprise Plaintiff as to any aspect of the above-described consignment transaction, nor did Plaintiff become aware of the transaction until on or about March 2, 2000, when Customer came to his place of business to meet with him concerning the purported consignment. 25. As a direct and immediate consequence of Defendant's foregoing course of conduct, the Customer filed the Complaint attached as Exhibit "1", against 5 Plaintiff on or about May 22, 2000, in the court of Common Pleas of Cumberland County, Pennsylvania, at No. 2000-2829 Civil Term. 26. On May 7, 2003, Line & Line took Defendant's deposition, as a witness identified by the opposing party in that lawsuit, at which time Defendant became, if not earlier, fully acquainted with the substance of the aforesaid lawsuit, and Plaintiff first began to learn of the precise nature and extent of Defendant's misfeasance. 27. On July 14, 2003, Plaintiff filed a Complaint based on the foregoing events, with District Justice Paula Correal, which was forthwith served on Defendant. 28. Having been placed on notice as to the pendency of Customer's lawsuit and fully informed of allegations as to her personal role in the events pertinent thereto, Defendant at no time either attempted to intervene in the lawsuit or indicated that she would agree to join or be joined as a party, in any capacity. 29. On June 30, 2004, The Honorable Edgar B. Bayley issued a Verdict in the Civil Action brought by Customer against the Plaintiff herein, finding in favor of Customer and against Plaintiff, and awarded damages in the amount of $2,000.00 plus costs and interest. A true and correct copy of the Verdict is attached hereto as Exhibit "2". 30. On or about July 15, 2004, Plaintiff herein issued a check in the amount of $2,628.38 to counsel for the Customer, satisfying the judgment entered against Plaintiff as the result of the said Verdict. 31. On July 27, 2004, counsel for the Customer filed a Praecipe to Satisfy Judgment, a copy of which is attached hereto as Exhibit "3". 6 32. On September 28, 2004, following a series of continuances requested by Defendant, hearing was held on the Complaint described in paragraph 22, above, and Defendant subsequently appealed. 33. Plaintiff incurred not less than $9,676.59 in legal fees and costs in defending the aforesaid lawsuit brought against Line & Line, which was filed and pursued entirely as a result of the above-described willful and improper acts and omissions on the part of Defendant, all of which were, singly and as a whole, both in breach of her obligations to Plaintiff as his employee and contrary to law and to express instructions given her directly by Plaintiff throughout the course of her employment. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,304.97, plus such further damages as may be proven, with costs of this action. Respectfully submitted, Joseph B. Sobel, Attorn for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 7 Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that I am counsel of record for Henry Line, d/b/a Line & Line Jewelers; that at all times pertinent to preparation of the foregoing Third Amended Complaint, the Plaintiff was unavailable to counsel, and his verification could not be obtained without unduly delaying the filing of this Third Amended Complaint; that the facts set forth in the foregoing Third Amended Complaint are true upon the said counsel's personal knowledge, information and belief, and upon the information received believes the facts set forth to be true, and makes this verification pursuant to Pa. R.C.P. §1024(c). Dated: 03-01-05 Joseph E. obel, Attorney for Plaintiff I.D. #17715 Copy NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. : CIVIL ACTION - LAW HENRY LINE, d/b/a NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I. ill ?;UE COPY FROM RE.CARo (I I EXHIBIT in 7ostimony whe Of, t here unto set"hano Pa. and the sS{aI of Court of Carlisle. Thl at orotho NANCY B. LAUBACH, Plaintiff VS. HENRY LINE, d/b/a LINE AND LINE JEWELERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 2829 CIVIL TERM COMPLAINT 1. The plaintiff is Nancy B. Laubach, an adult individual, who at all times relevant to this action, resided at 1465 Hillcrest Court, Apt. 608, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is Henry Line, d/b/a/ Line and Line Jewelers, an adult individual, who at all times relevant to this action, resided at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania, 17013, 1 On or about July 14, 1999, plaintiff and defendant entered into a contract for consignment whereby plaintiff delivered a diamond ring to defendant and defendant agreed to sell the diamond ring. 4. The contract for consignment provided for the ring to be sold at retail by defendant for $3,000.00. Upon a sale being consummated, plaintiff would receive $2,000.00 and defendant would retain $1,000.00, a copy of said agreement is attached hereto as Exhibit "A", made a part hereof and incorporated into this complaint. 5. Said ring was a.50 ctw emerald cut with an appraised value of $2,975.00, said appraisal is attached hereto as Exhibit "B", made a part hereof and incorporated into this complaint. 6. Plaintiff contacted defendant numerous times from July 14, 1999 to February 21, 2000 inquiring about the status of the consignment, On or about February 21, 2000, plaintiff was advised that the ring was no longer in defendant's possession or control. 8. On or about March 2, 2000, defendant advised plaintiff to contact Kathy Trollinger at James Line Jewelers, as defendant believed that she had possession of the ring. 9. Defendant owed a contractual duty to plaintiff to safeguard the consigned ring, not to lose or give it to another individual. 10. Defendant has breached his contractual duty to safeguard said consigned property. 11. As a result of defendant's breach of contract, plaintiff has suffered damages in the amount of $2,975.00, the appraised value of the ring. 12. Plaintiff has demanded payment of said damages, but defendant has refused to pay plaintiff said damages. In the alternative, plaintiff seeks the return of the ring. 13. In addition, plaintiff has incurred costs to pursue this matter at the District Justice level in the amount of $83.38. WHEREFORE, plaintiff requests: 1. Judgment against defendant in the amount of $3058.38 with interest on such amount as allowed by law from the date of judgment until paid; 2, In the alternative, plaintiff seeks the return of the ring; 3. Reasonable attorney's fees; 4. Such other and further relief as the court deems just and proper. Respectfully submitted, Date; 5" ?_ Z -00 L?? X. o/-" dac eline M. Verney, Esquire 167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the within Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn falsification to authorities. Dated: S Z Z-0' 0. (nC? tIO?C Nanc . L ubach CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served on the following person by placing the same in first class US mail, postage prepaid on the date indicated: Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: t?- ZZ-UCH (/ J que a M. Verney, Esquire #2316/ 4 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for plaintiff a: So= M5 n.? t . SC U V S -.-z 0. Coto- TLM ?,Gaa,a? ? mZ5.C4u6acl, C ooa , c G 4-co L?-S EXHIBIT A Appratold Musselman's JEWELERS 3599 Capital City Mall, Camp Hill, PA. 17011 M4ix to to t:rttfg that wehave" day or February 26, 1999 cgW , exaMID" the foffowing lined aced dwedW ardda the property or - 7101 lists sa iwatod replacement coats am bead only on eatimatat of the T"ty of the ttona (mieo specifltafiy stated that the atones wars removed and paded) DE'CRR79ON OF AR71CLE One Ladies diamond ring. The diamond is a Emerald out measuring 6x4.5x2.9m=. The total $2,975.00 vaight of the diamond is .50ety. The stone is H in color and VVS2 in clarity. The stone ie set in a 14k yellov gold mounting. One ladies ring. This is an Italia styled .00 Cameo, consisting of red-white-black stones carved into a Trojan's Head. This is set in a 10k yellov gold mounting. The fotepoks spprsital b spade and sompted was the exprow arWeertendini that NO L "FUTY or rapossihii ty is Ino eed by the appraiser in #Mft rime. Arnratani exhibit nBr, NANCY B. LAUBACH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HENRY LINE d/bla LINE & LINE JEWELERS, DEFENDANT 00-2829 CIVIL TERM VERDICT AND NOW, this day of June, 2004, following a bench trial, I find in favor of plaintiff, Nancy B. Laubach, and against defendant, Henry Line d/b/a Line & Line Jewelers, and award plaintiff damages in the amount of $2,000 with costs and legal interest from March 1, 2000. By Edgar B. Bayley, Jacqueline M. Verney, Esquire For Plaintiff Joseph B. Sobel, Esquire For Defendant :sal . Z w`r s lad s:,sP?: { 4A .... EXHIBIT } in r afS ?Pod, " 2„ NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW HENRY LINE, d/b/a :NO. 2000 - 2829 CIVIL TERM LINF, AND LINE JEWELERS Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter satisfied. Respectfully submitted, Date: 7 -o Jancclu y VM. Verne}, Esquire O 44 South Hanover Street Carlisle, PA 17013 717 243-9190 Supreurte Ct. ID. 23167 Attorney for Plaintiff E EXHIBIT ..3" CERTIFICATE OF SERVICE I hereby certify that on the 1st day of March, 2005, a true and correct copy of the foregoing Third Amended Complaint was served upon Defendant, Kathie Sue Neidigh, by mailing same by first class mail, postage prepaid, to her attorney of record, at the following address: James L. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 j Joseph B. Sobel Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 ? -1 r T T: ? 11 f?J 1 .7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff V. KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER Defendant CIVIL ACTION - LAW NO. 2004 - 4963 NOTICE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de ]a fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ROMINGER,13AYLEY & WHARE Xarl E. manger, Esquire Attorney . . No. 81924 James I. Nelson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I IENRY LINE. dlbla LINE & LINE JEWELERS, Plaintiff CIVIL ACTION - LAW V. NO. 2004 - 4962 KATHIE SUE NEIDIGH, P;k/a KATHIE SUE TROLINGER Defendant DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S THIRD AMENDED COMPLAINT AND NOW, this l IT" day of March, 2005, comes the Defendant, KATHIE S. NEIDIGH, by and through her counsel, Rominger, Bayley & Whare, and files the following Preliminary Objection to Plaintiff's Second Amended Complaint, and in support thereof avers as follows: LEGAL INSUFFICIENCY (DEMURRER) Pennsylvania Rule of Civil Procedure 1028(a)(4) provides that a defendant may object to a pleading because of legal insufficiency of a pleading. 2. The Plaintiff's Amended Complaint does not set forth a claim or cause of action that would entitle him to the relief sought. The Complaint filed by Nancy B. Laubach (hereinafter "Laubach matter") against the Plaintiff in the instant matter and attached to the Plaintiff's Amended Complaint as Exhibit °I," and decided on the merits by Court of Common Pleas of Cumberland County, involved issues of fact the same as those raised by Plaintiff Line in this matter. 4. The Defendant in the instant matter was in privity with Line when he was the Defendant in the complaint brought by Nancy B. Laubach. 5. Line, the Plaintiff in the instant matter, had a full and fair opportunity to litigate the alleged liability of Ms. Neidigh in the Laubach matter. 6. Notwithstanding the fact that Ms. Neidigh was not a party in the Laubach matter, this Court may find that Plaintiff Line is bound by that decision since he was in a position to control that litigation; to wit, he could have - and should have- joined Ms. Neidigh as a third- party defendant. The cause of action raised by Plaintiff Line arises out of the identical transaction or occurrence upon which the Laubach matter was based. 8. Notwithstanding Plaintiff Line's intimation to the effect that he "first began to learn of the precise nature and extent of [Ms. Neidigh's alleged] misfeasance," Plaintiff Line was placed on notice of Ms. Neidigh's alleged role regarding the damage to or loss of the Laubach ring when Nancy Laubach filed her Complaint against Henry Line on or about May 22, 2000. Pennsylvania Rule of Civil Procedure 2252(a) provides in pertinent part that in any action the defendant may join as an additional defendant "any person whether or not a party to the action, who may be solely liable on the plaintiff's cause of action, or liable over to the joining party on the plaintiff's cause of action, or jointly or severally liable with the joining party on the plaintiff s cause of action, or liable to the joining party on any cause of action arisin out of the transaction or occurrence or series of transactions or occurrences upon which the plaintiff s cause of action is based. [Emphasis added.] 10. In light of the fact that nearly six years have passed since the alleged events, to permit Plaintiff Line to continue with this action against Ms. Neidigh- notwithstanding his inexcusable neglect in failing to join her as a third-party defendant in the Laubach matter- would work undue hardship and prejudice upon Ms. Neidigh. WHEREFORE, Defendant Kathie S. Neidigh respectfully requests that the Plaintiff's Complaint be stricken. Respectfully BAYLEY & WHARE Warl E. ominger, Esquire Attorney-M. No. 81924 James 1. Nelson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, this I l,h day of March, 2005, 1, James I. Nelson, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Preliminary Objections, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Joseph B. Sobel, Esquire LAW OFFICES OF JOSEPH B. SOBEL Suite 202 - Cranberry Court 212 North Third Street Harrisburg, PA 17101-1505 BAYLEY & WHARF on, Esquire No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant ? . ,, 4 '' HENRY LINE, : IN THE COURT OF COMMON PLEAS OF d/bJa LINE & LINE JEWELERS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 04-4963 Civil Term KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TROLINGER, Defendant 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 Fourth Amended Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viete (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avidsado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o Notificacion y por qualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENtE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE EINCUENTRA ESCRIfA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 Date: 3-30-05 _?, JosephrSobel, Attorney or Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0824 (717) 234-2200 HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff vs. KATHIE SUE NEIDIGH, f/k/a KATHY SUE TROLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4963 Civil Term FOURTH AMENDED COMPLAINT 1. Plaintiff is Henry Line (hereinafter "Plaintiff"), an adult individual, doing business as Line & Line Jewelers, a sole proprietorship, whose principal place of business is located at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Kathie Sue Neidigh (hereinafter "Defendant"), formerly known as Kathie Sue Trolinger, an adult individual, whose last known address is 126 Beech Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant was hired by Line & Line Jewelers (hereinafter "Line & Line"), on or about March 12, 1999, as a retail sales assistant, in which capacity her duties were exclusively as prescribed verbally upon her hiring, and then from time to time, by Plaintiff, under the direct and exclusive supervision of Plaintiff.'. 4. Among the principal responsibilities Defendant expressly assumed was that of Plaintiff's agent in dealings with the general public in which Plaintiff was not directly involved, including the assumption of possession, as custodian or fiduciary, of items left with Line & Line by customers for purposes of repair, re-mounting, re- manufacture or appraisal by Plaintiff. 5. As Defendant had been informed and at all pertinent times either knew or should have known, Line & Line operated a retail jewelry business, which neither held itself out to the public as a consignment shop nor accepted goods from individual members of the public on consignment in the ordinary course of business. 6. At the time of her hiring, Defendant had no prior experience or training in retail jewelry sales, evaluation of precious stones or proper handling of consignment transactions, nor did she at any time during the course of her employment by Line & Line acquire either the requisite knowledge or authority from Line & Line to engage independently in the conduct of any form of transaction involving precious stones. 7. On or about July 14, 1999, with neither the knowledge nor consent of Plaintiff, Defendant willfully embarked upon a proscribed course of conduct involving a certain diamond ring brought by one Nancy B. Laubach (herelinafter the "Laubach") into Plaintiff's place of business for the purpose of attempting to consign it to Line & Line, for sale through its retail jewelry business. 8. On information and belief, Plaintiff avers that the pertinent facts concerning Defendant's dealings with Laubach, exclusive of conclusions of law, are substantially as set forth in a Complaint filed by Laubach, a true and correct copy of which, with Exhibits, is attached hereto as Exhibit "1", and that Defendant's course 2 of conduct, as determined in the course of the ensuing litigation, included, inter alia, the willful and prohibited acts and omissions enumerated in the following paragraphs numbered 9 through 16, none of which have been refuted by Defendant in sworn testimony previously given. 9. Defendant admittedly, as agent for Line & Line, entered into a purported oral agreement with Laubach for the consignment sale by Line & Line of Laubach's diamond ring, which was a transaction beyond the authority of each and every Line & Line employee, including Defendant, to enter into, as Defendant had been instructed and at all pertinent times knew or should have known.'' 10. Defendant admittedly, as agent for Line and Line, received and assumed custody of and full control over Laubach's property without having Laubach sign a document reflecting the nature and purpose of Defendant's assumption of custody. 11. Defendant admittedly failed to give Laubach any form of written receipt for the property. 12. Defendant admittedly failed to describe Laubach's property correctly or accurately on an appropriate memorandum or work order signed by Laubach, as Defendant at all pertinent times knew or should have known was ,required,. 13. Defendant admittedly failed to enter her receipt, with, accurate description, of Laubach's property in the appropriate records maintained by Line & Line, or in any other manner to inform her employer of her course of conduct, as Defendant at all pertinent times knew or should have known was required of her. 3 14. Defendant admittedly failed, upon purported sale of part of Laubach's property, consisting of the ring in which Laubach's diamond was mounted, to create or maintain a full and accurate record of the transaction on behalf of her employer, as Defendant at all pertinent times knew or should have known w! as required. 15. Defendant admittedly failed, although she at all pertinent times knew or should have known she was so required, to obtain prior approval from Laubach for the dismantling and partial sale of her property or to notify Laubach of such sale and to account for the proceeds, none of which were knowingly received by Line & Line. 16. Defendant admittedly failed to store or account properly for disposition of that part of Laubach's property remaining unsold, consisting of Laubach's diamond, after dismantling and sale of part of Laubach's property, specifically the mounting, although she at all pertinent times knew or should have known she was required to do so. 17. Each of the foregoing acts and omissions, referenced in paragraphs 9 through 16, was willful, improper and beyond the scope of Defendant's authority to act as Plaintiff's agent or employee, in the capacity of retail sales assistant or otherwise, and was both contrary to and injurious to the interests of Plaintiff and in direct breach of Defendant's agreement of agency and employment with Line & Line. 4 18. Defendant left Plaintiff's employ on or about December 24, 1999, then immediately assumed a retail sales position in a competing jewelry business owned by another former employee of Plaintiff. 19. At no time during the course of her employment by Line & Line did Defendant apprise Plaintiff as to any aspect of the above-des4ribed consignment transaction, nor did Plaintiff become aware of the transaction', until on or about March 2, 2000, when Laubach came to his place of business'to meet with him concerning the purported consignment. 20. As a direct and immediate consequence of Defendants foregoing course of conduct, Laubach filed the Complaint attached as Exhibit"1",;against Plaintiff on or about May 22, 2000, in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 2000-2829 Civil Term. 21. On May 7, 2003, Line & Line took Defendant's deposition, as a witness identified by the opposing party in that lawsuit, at which time, if not earlier, Defendant became fully acquainted with the substance of the aforesaid lawsuit, as well as her potential personal liability with regard to its subject matter. 22. On July 14, 2003, based upon testimony given and admissions made by Defendant for the first time at her deposition of May 7, 20013, Plaintiff filed a Complaint based on the foregoing events, with the office of District Justice Paula Correal, which was forthwith served on Defendant. 5 23. Having been placed on notice as to the pendency of Laubach's lawsuit and fully informed of allegations as to her personal role in the events pertinent thereto, Defendant, although represented by legal counsel in a related legal action at all times since July 29, 2003, never attempted to intervene in the lawsuit or indicated consent to be joined as an additional defendant. 24. On June 30, 2004, based in significant part upon testimony given by Defendant at trial, The Honorable Edgar B. Bayley issued a Verdict in the Civil Action brought by Laubach against the Plaintiff herein, finding in favor of Laubach and against Plaintiff, and awarded damages in the amount of $2,000.00 plus costs and interest. A true and correct copy of the Verdict is attached hereto as Exhibit „2„ 25. On or about July 15, 2004, Plaintiff herein issued a check in the amount of $2,628.38 to counsel for Laubach, satisfying the judgment entered against Plaintiff as the result of the said Verdict. 26. On July 27, 2004, counsel for Laubach filed a Praecipe to Satisfy Judgment, a copy of which is attached hereto as Exhibit "3". 27. On September 28, 2004, following a series of continuAnces requested by Defendant's counsel, hearing was held on the Complaint described in paragraph 22, i over fourteen months after its filing, and Defendant subsequently appealed the judgment entered against her. 6 28. Plaintiff incurred not less than $9,676.59 in legal fees and costs in defending the aforesaid lawsuit brought against Line & Line, which was filed and pursued entirely as a result of the above-described willful and improper acts and omissions on the part of Defendant, all of which were, singly and as a whole, both in breach of her obligations to Plaintiff as his agent and employee and contrary both to law and to express instructions given her directly by Plaintiff throughout the course of her employment. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,304.97, plus such further damages as may be proven, with costs of this action. Respectfully submitted, %10%? c Joseph B.Sobel, Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-082$ (717) 234-2200 VERIFICATION I, Henry Line, doing business as Line & Line Jewelers, Plaintiff in the foregoing action, verify that the statements made in the foregoing Fourth Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to thel penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. He ry Lin NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION-LAW HENRY LINE, d/b/a NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS 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 ally money claimed in the complaint or for any other claim or relief requested byj the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER !?T ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT !INHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EXHIBIT 1,,UF (;OpY FROM REGARD nt Tostimony whe"d, l here unto set my hang and the1 oti sa?I Court at (;assists, 0 Ihi orotha NANCY B. LAUBACH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION-LAW HENRY LINE, d/b/a NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS Defendant COMPLAINT 1. The plaintiff is Nancy B. Laubach, an adult individual, who at all times relevant to this action, resided at 1465 Hillcrest Court, Apt. 608, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is Henry Line, d/b/a/ Line and Line Jewelers, an adult individual, who at all times relevant to this action, resided at 21 Dick?inson Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about July 14, 1999, plaintiff and defendant entered into a contract for consigcunent whereby plaintiff delivered a diamond ring to defendant and defendant agreed to sell the diamond ring. 4. The contract for consignment provided for the ring to be sold at retail by defendant for $3,000.00. Upon a sale being consummated, plaintiff would receive $2,000.00 and defendant would retain $1,000.00, a copy of said agreement is attached hereto as Exhibit "A", made a part hereof and incorporated into this complaint. 5. Said ring was a .50 ctw emerald cut with an appraised value of $2,975.00, said appraisal is attached hereto as Exhibit "B", made a part hereof and incorporated into this complaint. 6. Plaintiff contacted defendant numerous times from July 14, 1999 to February 21, 2000 inquiring about the status of the consignment. 7. On or about February 21, 2000, plaintiff was advised that the ring was no longer in defendant's possession or control. 8. On or about March 2, 2000, defendant advised plaintiff to contact Kathy Trollinger at James Line Jewelers, as defendant believed that she had possession of the ring. 9. Defendant owed a contractual duty to plaintiff to safeguard the consigned ring, not to lose or give it to another individual. 10. Defendant has breached his contractual duty to safeguard said consigned property. 11. As a result of defendant's breach of contract, plaintiff has suffered damages in the amount of $2,975.00, the appraised value of the ring. 12. Plaintiff has demanded payment of said damages, but defendant has refused to pay plaintiff said damages. In the alternative, plaintiff seeks the return of the ring. 13. In addition, plaintiff has incurred costs to pursue this nhatter at the District Justice level in the amount of $83.38. WHEREFORE, plaintiff requests: 1. Judgment against defendant in the amount of $3058.38 with interest on such amount as allowed by law from the date of judgment until paid; 2. In the alternative, plaintiff seeks the return of the ring; 3. Reasonable attorney's fees; 4. Such other and further relief as the court deems just and proper. Respectfully submitted,' Date: j Z ° ° 6c eline M. Verney, squire 167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the within Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: 5 Z Z - ° o A!nC IC?tYJ Nanc . Laubach ai . S`C U V S `oZ"Cc?e2? ,? ?GOO.oC. -?+-a !i ®oa.cG 4-0 ivLl EXHIBIT A mes • cQub?,l, G-S . I Appratiold Musselman's JEWELERS 3588 Capital City Mail, Camp Frill, PA. 17011 54ta to to artffg that we IMTO this day of February {6, 1999 examsVW the fodoerinS Lkted and described arddes the property of -- Addmu 1465Hil}1M28t Ctg Came Hill, Pa. 17011 ' Mft sstlmated reptseatnent costa ate bmd onry on eldmatts of the q"ty of the stony (otdsn sped8calty stated that the stones were removed and graded) DEaCPJPMON One ladies diamond ring. The diamond is a S2?g75.OD Emerald cut measuring U4.5x2.9mm. Tho total weight of the diamond la .50ctvr. The stone is H in color and VVS2 in clarity. The atone is set in a 141c yellow gold mounting. One ladies ring. This is an Italio styled # 2 .00 Cameot consisting of zed-white-black stones carved into a Trojan's Head. This is not in a 10k yellow gold mounting. The for Ob S apprsi d is Me& and accepted upon the exprM undorstandIAS that NO UAH1f.1TY or tesp*v&Ib ky is bKvned by the appraiser in Sivrng earns. ?t,?ttr1 •.. Almiraf axt 6 L'xhibit "b" CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served on the following person by placing the same in first class US mail, postage prepaid on the date indicated: Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: ?- ZZ-c?v V J que a M. Verney, squire #231 4 South Hanover Streetl Carlisle, PA 17013 (717) 243-9190 Attorney for plaintiff NANCY B. LAUBACH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HENRY LINE d/b/a LINE & LINE JEWELERS, DEFENDANT 00-2829 CIVIL TERM VERDICT AND NOW, this day of June, 2004, follow; ing a bench trial, I find in favor of plaintiff, Nancy B. Laubach, and against defendant, Henry Line d/b/a Line & Line Jewelers, and award plaintiff damages in the amount of $2,000 with costs and legal interest from March 1, 2000. Jacqueline M. Verney, Esquire For Plaintiff Joseph B. Sobel, Esquire For Defendant sal EXHIBIT 1 2 By Edgar B. Bayley, NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW HENRY LINE, d/b/a :NO. 2000 - 2829 CIVIL TERM LINE, AND LINE JEWELERS Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: . Please mark the judgment in the above captioned matter satisfied. Respectfully submitted, Date: 7 7 -U ` l ., V t cy acqu ne M. Verney, L quire J 44 South Hanover Street Carlisle, PA 1703 717 243-9190 Supreme Ct. ID. 23167 Attorney for Plaintiff EXHIBIT 3 CERTIFICATE OF SERVICE I hereby certify that on the 30th day of March, 2005, a true and correct copy of the foregoing Fourth Amended Complaint was served upon Defendant, Kathie Sue Neidigh, by mailing same by first class mail, postage prepaid, to her attorney of record, at the following address: James L. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 ?aGr? .;e_ Joseph B. Sobel Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-082$ (717) 234-2200 r..J n ?? -I ?i.? i r' <..: i ?(? 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY LINE, d/b/a LINE & LINE JEWELERS, Plaintiff CIVIL ACTION - LA V. NO. 2004 -" - *63 KATHIE SUE NEIDIGH, Wa KATHIE SUE TROLINGER Defendant DEFENDANT'S PRELIMINARY OBJECTION AND NOW, this 6T" day of April, 2005, comes the Defendant, KA and through her counsel, Rominger, Bayley & Whare, and files the Objection to Plaintiff's Fourth Amended Complaint, and in support thereof LEGAL INSUFFICIENCY (DEMURRER) 1. Pennsylvania Rule of Civil Procedure 1028(a)(4) provides object to a pleading because of legal insufficiency of a pleading. 2. The Plaintiff's Amended Complaint does not set forth a that would entitle him to the relief sought. 3. The Complaint filed by Nancy B. Laubach (hereinafter the Plaintiff in the instant matter and attached to the Plaintiff's Amended "1," and decided on the merits by Court of Common Pleas of Cumberland S. NEIDIGH, by Preliminary as follows: a defendant may or cause of action matter") against as Exhibit involved issues of fact the same as those raised by Plaintiff Line in this matter. The Defendant in the instant matter was in privity with Defendant in the complaint brought by Nancy B. Laubach. Line, the Plaintiff in the instant matter, had a full and fair the alleged liability of Ms. Neidigh in the Laubach matter. 6. Notwithstanding the fact that Ms. Neidigh was not a party this Court may find that Plaintiff Line is bound by that decision since he control that litigation; to wit, he could have - and should have -joined party defendant. The cause of action raised by Plaintiff Line arises out of the or occurrence upon which the Laubach matter was based. when he was the )ortunity to litigate the Laubach matter, s in a position to Neidigh as a third- dentical transaction ole regarding the aint against Henry inent part that in h ther or not a party i ble over to the v th the joining party o action arising out Plaintiff Line was placed on notice of Ms. Neidigh's alleged damage to or loss of the Laubach ring when Nancy Laubach filed her Line on or about May 22, 2000. 9, Pennsylvania Rule of Civil Procedure 2252(a) provides in any action the defendant may join as an additional defendant "any person v to the action, who may be solely liable on the plaintiff s cause of action, or joining party on the plaintiff s cause of action, or jointly or severally liable on the plaintiff s cause of action, or liable to the joining party on any cause cause of action is based. [Emphasis added.] 10. In light of the fact that nearly six years have passed since the permit Plaintiff Line to continue with this action against Ms. Neidigh, despite events, to inexcusable neglect in failing to join her as a third-parry defendant in the Laubach matter, could work undue hardship and prejudice upon Ms. Neidigh. WHEREFORE, Defendant Kathie S. Neidigh respectfully requests Complaint be stricken. YLEY & finger, Esquire Attorney I. No. 81924 elson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle. PA 17013 (717) 241-6070 Attorneys for Defendant the Plaintiff's CERTIFICATE OF SERVICE AND NOW, this 6"' day of April, 2005, 1, James I. Nelson, Esquire, certify that I have this day served the following person with a copy of the foregoing Preliminary Objections, by depositing same in the United States Mail, First Class, Postage Prepaid, adJ ressed as follows: Joseph B. Sobel, Esquire LAW OFFICES OF JOSEPH B. SOBEL Suite 202 - Cranberry Court 212 North Third Street Harrisburg, PA 17101-1505 BAYLEY & Km-es elson, Esquire Attom . . No. 91144 5 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Defendant ' ",' I?r " i'J _n fTl j7Q rn f>a c 7 _ a 7 ? y W -G ? 8? : IN THE COURT OF COMMON PLEAS OF HENRY LINE, : CUMBERLAND COUNTY, PENNSYLVANIA d/b/a LINE & LINE JEWELERS, Plaintiff NO. 04-4962 Civil Term VS. KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TDROLeIrN anR, N0nCF T!7 DEEE D 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 ni (,. IJ- i AA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viete (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avidsado que si usted no se defiende, la come tomara medidas y puede entrar una orden contra usted sin previo aviso o Notificacion y por qualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes Para usted. TIENE DO O SI NO TIENE ELL DINERO SUF IICIENTOE DE PAGATR TAL SERVICIO, OVAYA EN ABOGA ESCRI PUEDE CONSGU R ASISTENCIA LEGAL. fA ABA3O PARA AVERTGUAR DONDE SE I ESC LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 800-990-9108 C(( V ^^ //O Date Sobel Attorney for Plaintiff : (Q I ? 7 I d? 7oseph s• I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 : IN THE COURT OF COMMON PLEAS OF HENRY LINE, : CUMBERLAND (AUNTY, PENNSYLVANIA d/b/a LINE & LINE ]Plaintiff S, NO. 04-4962 Civil Term VS. KATHIE SUE NEIDIGH, f/k/a KATHIE SUE TDROLeIrN antR, COMPLAINT 1. Plaintiff is Henry Line (hereinafter "Plaintiff"), an adult individual, doing business as Line and Line Jewelers, whose principal business is located at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania 17013• formerly 2. Defendant is Kathie Sue Neidigh (hereinafter "Defendant"), known as Kathie Sue Trolinger, an adult individual, whose last known address is 126 Beech Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendant was hired by Line & Line Jewelers (hereinafter Line & Line"), on or about March 12, 1999, as a retail sales assistant, in which capacity her duties were exclusively as prescribed from time to time by Plaintiff. 4. On or about July 14, 1999, Defendant embarked upon a willful and prohibited course of conduct involving a certain diamond ring brought by a certain Nancy B. Laubach (hereinafter the "Customer") into Plaintiff's place of business for the purpose of attempting to place it on consignment with Plaintiff. 5. On information and belief, Plaintiff avers that the pertinent facts concerning Defendant's dealings with the Customer, exclusive Customer, aconclusions true and correct are partially as set forth in a Complaint filed by th copy of which, with Exhibits, is attached hereto as Exhibit "1", and that Defendant's course of conduct, as determined in the course of the ensuing litigation, included, i,ter alia, the willful and prohibited acts and omissions enumerated in paragraphs 6 through 12 herein. 6. Defendant accepted the Customer's property without having Customer sign a written form or memorandum reflecting the nature and purpose of the purported transaction, which was of a kind beyond the authority of a Line & Line employee to enter into. 7. Defendant failed to give the Customer a copy of such a document or any other form of written receipt for the property. accurately on an g. Defendant failed to describe the Customer's property appropriate memorandum or work order signed by the Customer. 9. Defendant failed to enter receipt and proper description of the Customer's property in the appropriate records or journal or journals employer. 10. Defendant failed, upon purported sale of part of the Customer's property, consisting of the ring in which Customer's diamond was mounted, to keep a full and accurate record of the transaction. 2 11. Defendant failed to obtain prior approval from the customer for a sale of part of the Customer's property or to notify the customer of such sale and to account for the proceeds, none of which were knowingly received by Plaintiff. failed to store or account properly for disposition of that part 12. Defendant of the Customer's property remaining unsold, consisting of Customer's diamond, after sale of part of the Customer's property, specifically the mounting. 13. All of the foregoing acts and omissions, referenced in paragraphs 3 through 12, were beyond the scope of Defendant's authority to act as Plaintiff's agent or employee, contrary to and injurious to the interests of Plaintiff and directly contrary to clear and consistent instructions given to Defendant and other employees of Plaintiff. 14. As a direct result of the foregoing willful and prohibited acts and omissions of Defendant, the Customer filed the Complaint attached as Exhibit "1", against Plaintiff on or about May 22, 2000, in the Court of Common Pleas of Cumberland County, Pennsylvania, at No. 2000-2829 Civil Term. 15. On June 30, 2004, The Honorable Edgar B. Bayley issued a Verdict in the Civil Action brought by the Customer against the Plaintiff herein, finding in favor of the Customer and against Plaintiff, and awarded damages in the amountt of $2,000.00 plus costs and interest. A true and correct copy of the attached hereto as Exhibit "2". 3 16. On or about July 15, 2004, Plaintiff herein issued a check in the amount of $2,628.38 to counsel for the Customer, satisfying the judgment entered against Plaintiff as the result of the said Verdict. 17. On July 27, 2004, counsel for the Customer filed a Praecipe to Satisfy Judgment, a copy of which is attached hereto as Exhibit "3". 18. Plaintiff has incurred legal fees, costs and out-of-pocket expenses in excess of $9,000.00 in defending the aforesaid lawsuit, which was filed and pursued entirely as a result of the aforesaid willful and improper acts and omissions on the part of Defendant. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,628.38, plus costs. Respectfully submitted, 6@U Joseph B. Sobel, Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, IPA 17108-0828 (717) 234-2200 4 Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that I am counsel of record for Henry Line, d/b/a Line & Line Jewelers; that at all times pertinent to preparation of the foregoing Complaint, no officer or other duly authorized agent of Line & Line Jewelers, was available to counsel, and his verification could not be obtained without unduly delaying the filing of this Complaint; that the facts set forth in the foregoing Complaint are true upon the said counsel's personal knowledge, information and belief, and upon the information received believes the facts set forth to be true, and makes this verification pursuant to Pa. R.C.P. §1024(c). Dated: /i/I i/d Li y 0 (/ 4C Joseph B. Sobel, Attorney for Plaintiff I.D. #17715 Copy NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. : CIVIL ACTION- LAW HENRY LINE, d/b/a NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EXHIBIT I RUE COPY FROM RECORD m TostimanY whereof, i here unto set my hang and the 5 1 of saw Court at Carlisle. 0 IN r orotho NANCY B. LAUBACH, Plaintiff VS. HENRY LINE, d/b/a LINE AND LINE JEWELERS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION-LAW : NO. 2000 - 2829 CIVIL TERM COMPLAINT The plaintiff is Nancy B. Laubach, an adult individual, who at all times relevant to this action, resided at 1465 Hillcrest Court, Apt. 608, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The defendant is Henry Line, d/b/a/ Line and Line Jewelers, an adult individual, who at all times relevant to this action, resided at 21 Dickinson Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. On or about July 14, 1999, plaintiff and defendant entered into a contract for consignment whereby plaintiff delivered a diamond ring to defendant and defendant agreed to sell the diamond ring. 4. The contract for consignment provided for the ring to be sold at retail by defendant for $3,000.00. Upon a sale being consummated, plaintiff would receive $2,000.00 and defendant would retain $1,000.00, a copy of said agreement is attached hereto as Exhibit "A", made a part hereof and incorporated into this complaint. 5. Said ring was a .50 ctw emerald cut with an appraised value of $2,975.00, said appraisal is attached hereto as Exhibit "B", made a part hereof and incorporated into this complaint. 6. Plaintiff contacted defendant numerous times from July 14, 1999 to February 21, 2000 inquiring about the status of the consignment. 7. On or about February 21, 2000, plaintiff was advised that the ring was no longer in defendant's possession or control. On or about March 2, 2000, defendant advised plaintiff to contact Kathy Trollinger at James Line Jewelers, as defendant believed that she had possession of the ring. 9. Defendant owed a contractual duty to plaintiff to safeguard the consigned ring, not to lose or give it to another individual. 10. Defendant has breached his contractual duty to safeguard said consigned property. 11. As a result of defendant's breach of contract, plaintiff has suffered damages in the amount of $2,975.00, the appraised value of the ring. 12. Plaintiff has demanded payment of said damages, but defendant has refused to pay plaintiff said damages. In the alternative, plaintiff seeks the return of the ring. 13. In addition, plaintiff has incurred costs, to pursue this matter at the District Justice level in the amount of $83.38. WHEREFORE, plaintiff requests: 1. Judgment against defendant in the amount of $3058.38 with interest on such amount as allowed by law from the date of,judgment until paid; 2. In the alternative, plaintiff seeks the return of the ring; 3. Reasonable attorney's fees; 4. Such other and further relief as the court deems just and proper. Respectfully submitted, Date: o u fl /i'1- ac eline A Verney, Esquire 167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff' VERIFICATION I verify that the statements made in the within. Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unswom falsification to authorities. Dated: AS Z Z ° ° ey ?% Nanc . L ubach TRFAWN" 19 • 5-12, v v s -a- 4er.,loLZ ra .0 C N M ?e %ti mzs.lauW C.-% . nw EXHIBIT A Appratow 1701 E "nalow MB to tat ort1fthe &f0 ? 1 R that fi hm" thk daY of Fobruar +' ddra? c a brted aad dcocr lbM uttgae tt?e prop 26•1999Y .1. s Ct?!?p B1d1 The" "Unla a • l ?tl11 You (ya(mm Vft(Gamffy titod SgatDd t coots are b8od onj that the otor?ea waft ramored taO fa* quality of the ttonp ON OF AR17CL!: -+ ALUR One r &ae merald dadi.ut surining. The diamond le YaiDht of the dinmonQ 6x4.5x2.9mc. The a l aetn1AOao14kaye12ov inialar/yy,-®@stoas ios 52.975.00 gold mounting, Cameo, Cos ziin This is an Ita2 nsietOnes 10k Yeliop goldraoua leye d. This is twat in a ; 2 (-00 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served on the following person by placing the same in first class US mail, postage prepaid on the date indicated: Mark D. Schwartz, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: 5--2-'Z-0c) J que :e M. Vemey, Esquire #231 L 4 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for plaintiff NANCY B. LAUBACH, PLAINTIFF V. HENRY LINE d/b/a LINE & LINE JEWELERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2829 CIVIL TERM VERDICT AND NOW, this day of June, 2004, following a bench trial, I find in favor of plaintiff, Nancy B. Laubach, and against defendant, Henry Line d/b/a Line & Line Jewelers, and award plaintiff damages in the amount of $2,000 with costs and legal interest from March 1, 2000. By the'Court, Edgard Bayley, Jacqueline M. Verney, Esquire For Plaintiff Joseph B. Sobel, Esquire For Defendant sal 7EXHIBIT ,J uav 3" of .. o: t hr;!;,0e root. ni?3 - y td U2nd `Y ?t?rr?tnt? ,. NANCY B. LAUBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW HENRY LINE, d/b/a : NO. 2000 - 2829 CIVIL TERM LINE AND LINE JEWELERS Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter satisfied. ?- Respectfully submitted, °t 9 V, Date: 1 a7 -oy -.may acqu ne M. Verney, Esquire O 44 South Hanover Street Carlisle, PA 17013 717 243-9190 Supreme Ct. ID. 23167 Attorney for Plaintiff EXHIBIT 3 ,. CERTIFICATE OF SERVICE I hereby certify that on the 19thday of October, 2004, a true and correct copy of the foregoing Complaint was served upon Defendant, Kathie Sue Neidigh, by mailing same by first class mail, postage prepaid, to her attorney of record, at the following address: Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 46 JosephB& Sobel Attorney for Plaintiff I.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 ?.. ?. rv -i ? i _ i :I C.i a ', -. ? ?.. .. C:.J 5??'? ?.. (? 4 ? Curtis R. Long Prothonotary office of the Protbonotarp Cumberia ntl (Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 04 -4 Q 43 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R. C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) '7dn_Ac'72