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Home My WebLink About05-4391 Carl C. Risch, Esquire Attorney J.D. No. 75901 Hillary A. Dean, Esquire Attorney J.D. 92878 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN SHUGHART REALTY LLC tld/b/a : IN THE COURT OF COMMON PLEAS OF DAWN & ASSOCIATES REALTY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05 - '1'7Jq I CIVIL TERM KAREN COON, : CIVIL ACTION - LAW Defendant 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F:\F1LES\DA T AFlLEIG=raI\ClJrTelllIJ J OJ 8,1-9-com Created: 811-4105 10:46AM Revised: 8125105 302PM Carl C. Risch, Esquire Attorney J.D. No. 75901 Hillary A. Dean, Esquire Attorney J.D. 92878 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN SHUGHART REALTY LLC t/dlb/a: IN THE COURT OF COMMON PLEAS OF DAWN & ASSOCIATES REALTY, : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : NO. 05 - t.j :3'11 CIVIL TERM v. KAREN COON, : CIVIL ACTION - LAW Defendant COMPLAINT I. Plaintiff Dawn Shughart Realty LLC t/dlb/a Dawn &Associates Realty (hereinafter "Shughart Realty"), is a limited liability company with a principal place of business at 950 Walnut Bottom Road, Suite 16, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Karen Coon, is an adult individual with an address at 398 East High Street, Carlisle, Pennsylvania, 17013. 3. On or about July 11,2005, Defendant hand-wrote a letter to Monica Jumper, who is employed as a real estate agent. A copy ofthe letter is attached hereto as "Exhibit A." 4. At the time she received the letter from Defendant, Monica Jumper had been considering leaving her affiliation with Defendant's real estate brokerage and taking on an affiliation as a real estate agent at Shughart Realty. 5. On July II, 2005, the Defendant, intending to injure the Plaintiff and to deprive the Plaintiff of it's good name, fame, credit and reputation, falsely, negligently, and maliciously wrote and delivered a letter concerning Plaintiff to Monica Jumper, which contained the following scandalous, defamatory and libelous statements: "I am writing to ask you to reconsider your choice to change for one and the company that you are considering changing to." "Also, the company that you mention has many not just a few but many calls and notices of violations sent in to the Real Estate Review Board (some by me personally) and by others of things they have done with their aggressiveness." "There are many agents and companies that are having problems with them and it might be a good time just to wait a few months for things to cool down and see what does happen with the violations that have been charged!" 6. The statements contained in the letter were intended to and did convey to the reader thereof, either directly or by implication that Shughart Realty was in violation of the Pennsylvania State Real Estate Commission and/or The Pennsylvania State Association of Realtors rules and regulations, that Shughart Realty had nDtice Df such viDlations, and that Shughart Realty has a negative reputation for its "aggressiveness." 7. The statements and charges in the letter are false in all respects. 8. The Plaintiffhas never, at any time, been fDnnd in viDlatiDn Df any rules Dr regulatiDns set forth by the Pennsylvania State Real Estate CDmmissiDn Dr any Dther gDverning bDdy, nor has it received notices of any such violations, nDr has it received notices of any such cDmplaints filed against it. 9. Defendant knew or should have known that the statements and charges cDntained in the letter and identified in paragraph 5 herein were false when made, and Defendant published them either intentiDnally and maliciously, with reckless disregard fDr their truth Dr falsity, Dr negligently and carelessly. 10. By reaSDn of the circulation of the statements and charges contained in the letter and identified in paragraph 5 herein, the Plaintiff has been brought into scandal and reproach, and has been held up tD scorn and contempt by business acquaintances, and was suspected to have been guilty of the fraudulent practices which Defendant's letter imputed to Plaintiff. As a result, Plaintiff has suffered in its business and reputation to its great financial loss and damage. WHEREFORE, the Plaintiff claims damages from defendant in an amount in excess of $35,000.00, and costs. Date: August1~ ,2005 MARTS ON DEARDORFF WILLIAMS & OTTO By: raw Carl C. Risch, Esquire Attorney 1.0. No. 75901 Hillary A. Dean, Esquire Attorney 1.0. No. 92878 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff . 7/;I/OS- fJQ~ (J7oYJ~ . 'i, ~~ ~i1usW :dJ~ tI~ [J/c ~,' --7&:t ~~ 1,AA.\l- ~h.- C ~. Ii J~~d-~;ia..~.~ !i~ "'~ ,"","",..,~ II~. 4ld- ~ ... ....~ - Ii C-irrnj2 ,,'....', ',"" ~~ ~"" ",.. . I:ch ",' "",.",-h I " ' .' !i , ' II ~"... 1! ,/~ t1AL" cam~~~ 11~~!f::~~.~-~-:-- 'I .~..-k;:..~ .~~~ Ii ~ ,,' ,/?f4-n"'kcItl~, ,m~""=4ACL"",,,' 11 CL ';,..., "'" ~A~ ' '~."'" .,.. iIIV.. ..~~.. ~~--~ II k'1 cto.,~ -- {..u ,',," ~>jJ7; ~p I~~ ~~S-~, I ~.~LN.u.. ~;: g cd I/Wftd ~ GL ~ cft~ ~ ! EXHIBIT "A" . i: Ii I: ii i: I: j; , I VERIFICATION I, Dawn M. Shughart, of Dawn Shughart Realty LLC t/d1b/a Dawn & Associates Realty, acknowledge I have the authority to execute this Verification on behalf of Dawn Shughart Realty LLC tldlb/a Dawn & Associates Realty, and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content ofthe Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. DAWN SHUGHART REALTY LLC tldlb/a DAWN & ASSOCIATES REALTY 8.~h~ '?: --J ~ ~ .--.. ~ ~ r-> = ~ ~,~,. Q1 yo s! (-: rn:!1 c-, e- N -cJ ,T1 ~,' CJ <)1 ,-) L . " ':r~S:\ -c C_~(:') ,- 0) (:_~,J.tn :'" (.,} J'6 ,.n .-<. SHERIFF'S RETURN - REGULAR CASE NO: 2005-04391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAWN SHUGHART REALTY LLC ETC VS COON KAREN KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COON KAREN the DEFENDANT , at 1455:00 HOURS, on the 8th day of September, 2005 at 398 EAST HIGH STREET CARLISLE, PA 17013 by handing to TRACIE DELLINGER, AGENT, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: _ / d~ ,<" ,.' " ",.:.t ,..,.r,.,l' __.p' 1,_,,0, ","~'''''''__'_'' ~ /" - ~~~~'~j:.>'7 " f' 'l 18.00 4.00 .00 10.00 .00 32.00 R. Thomas Kline 09/09/2005 MDW&O Sworn and Subscribed to before By: /~e;.e(, me this of A.D. F'lfILES\DA T AFILE\GelleraI\Current\ I J 0 18, 29.pIll Created: 8124f05 !0:46AM Revised: 1111105 8:37AM Carl C. Risch, Esquire AttorneyLD. No. 75901 Hillary A. Dean, Esquire Attorney J.D. 92878 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DAWN SHUGHART REALTY LLC tld/b/a: IN THE COURT OF COMMON PLEAS OF DAWN & ASSOCIATES REALTY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 05 - 4391 CIVIL TERM v. KAREN COON, : CIVIL ACTION - LAW Defendant PRAECIPE To the Prothonotary: Please mark the above captioned action settled and discontinued. MARTSON DEARDORFF WILLIAMS & OTTO arl C. Risch, uire Attorney LD. No. 75901 Hillary A. Dean, Esquire Attorney J.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: November 1, 2005 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson DeardorffWiIliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire BROUJOS & GILROY 4 North Hanover Street Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO By Ma Ten t High Street Carlisle, PA 17013 (717) 243-3341 Date: November I, 2005 o ~ ..:;.-. ~i~ C';C. 'Zt if' " %., r;C. -<<--- ~"..-. ?;JI'\....~ .f;;;;L; ':pC 3 ~ ~ I N ~ '-P. ~ ~:r:l -oM '09 ~Qi :~L~1 0- ?'~ [5 ''-\ :P.: ~ c:P