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HomeMy WebLinkAbout06-2001 COMMONWEAL IN UP PtNNJTLV COURT OF COMMON PLEAS -Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. f ,,;2t e t 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 Magisterial District Judge on the date and in the case referenced below. Bookspan 1 09-3-05 J Mark Martin c/o Bret Keislir )FJUDGMENT 3/10/06 TN, CV-0000046-06 Esq. Thomas, Thomas & Hafer, PO Box 999, Harrisbur PA 171 OS 0. Stough Bookspan R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy ?rcrvtr ?rc H?erv? ?+?Z ?. 'Cyl Sllh jS a[. r ? L ?I was before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon John O. Stough appellee(s), to file a complaint in this appeal Nre or appeflee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature o appe t or attorne or agent RULE: To John O. Stough , appellee(s) a N. Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. yG? Date: -Y-'-' 200 , Signs a of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 -r: r -i `"x'47 LN 4Szt 110 C, ?s COMMONWEALTH OF PENNSYLVANIA rnjTNITv nP- CUMBERLAND 09-3-05 MDJ Name: Ron. MARK MARTIN Address- 507 N YORK ST MECHANICSBURG, PA eodnne (717) 766-4575 17055 MAR 15 2006 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FSTOUGH, JOHN O 15 E KELLER STREET MECHANICSBURG, PA 17055 L J vs. DEFENDANT: NAME and ADDRESS FBOOKSPAN 1225 S MARKET ST MECHANICSBURG, PA 17055 BOOKSPAN L J 1225 S MARKET ST Docket No.: CV-0000046-06 MECHANICSBURG, PA 17055 Date Filed: 2/02/06 = a?a THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) emonr_x.TOwx ® Judgment was entered against: (Name) BoogsPAN in the amount of $ g, n2n _ 00 on: (Date of Judgment) 311n/n6 0 Defendants are jointly and severally liable. (Date & Time) 1-1 Damages will be assessed on: 1-1 This case dismissed without prejudice. I Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTIrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. J 11G //W Date ?i/? ' `U Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 . SEAL AOPC 315-05 DATE PRINTED: 3/10/06 11:34:44 AM h t S?i??) tR KV Bret Keisling, Esquire E-mail: bkeisling@tthlaw.com Attorney I.D. No. 201352 (717) 441-7054 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 Attorney for Defendant: FAX (717) 237-7105 Bookspan JOHN O. STOUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BOOKSPAN, Defendant CIVIL ACTION - LAW NO. 06-2001 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Bret Keisling, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Bookspan, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 421953.1 BRE ISLING, ESQUIRE Attorney I.D. No. 201352 Attorney for Defendant, BOOKSPAN I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 17th day of April, 20o6, on all counsel of record as follows: John O. Stough 15 East Keller Street Mechanicsburg, PA 17055 Plaintiff THOMAS, THOMAS & HAFER, LLP ?p o l 1 171 Z aD - Bre7 1?1 t g, Esquire 422087. 1 ,, Bret Keisling, Esquire E-mail: bkeisling@tthlaw.com Attorney I.D. No. 201352 (717) 441-7054 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 Attorney for Defendant: FAX (717) 237-7105 Bookspan JOHN O. STOUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BOOKSPAN, CIVIL ACTION - LAW NO. 06-2001 CIVIL PROOF OF SERVICE I hereby certify that a true and correct copy of a Notice of Appeal and Praecipe to Enter Rule to File Complaint and Rule to File was served by certified mail as evidenced by the attached sender's receipts indicating service upon Plaintiff John O. Stough and the Honorable Magisterial District Judge Mark Martin. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ?T ?`? , zoub By:? ?-1 BRET KEISLING, ESQUIRE Attorney I.D. No. 201352 Attorney for Defendant, Bookspan Defendant 421707.1 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS - Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No.?5? ?(?yy 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 Magisterial District Judge on the date and in the case referenced below. Bookspan 109-3-05 I Mark Martin ADDRESS OF APPELLANT CITY STATE ZIP CODE c/o Bret Keislin Es Thomas Thomas & Hafer PO Box 999 Harrisburg, DATEOFJUDGMENT am a- PA 171 08 3/10/06 Stough Vi Bookspan DOCKET NO. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT -? r CV-0000046-06 I , ? I ? \ ?Scrp This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. P.D.J. Na 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after riling the NOTICE of APPEAL. Signature, of Prothonotary w Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C. P.D.?. Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon John O. S Name of appellee(a) r.. RULE TO FILE" - % No. 1001(7) in action beforeWagistel-W District .1 i_ appellee(s), to file a corhplainrt`In this appeal co (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros, re Z Signatureo appe torattoma oragent RULE: To John O. Stough , appellee(s) Name or appe)lee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. ?PDate: 6_?) 20IV& "- Si ture of PmffiOm tay or D@Pufy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 MAR 1 6 Zoos COMMONWEALTH OF PENNSYLVANIA Crll IWTV r1P CUMBERLAND Mdg 09-3-05 MDJ Name: Hon. MARK MARTIN Admass 507 N YORK ST MECHANICSBURG, PA Telephone: i717I 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FSTOUGH, JOHN 0 15 E KELLER STREET MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS FBOOKSPAN 1225 S MARKET ST MECHANICSBURG, PA 17055 BOOKSPAN L J 1225 S MARKET ST Docket No.: CV-0000046-06 MECHANICSBURG, PA 17055 Date Filed: 2/02/06 THIS IS TO NOTIFY YOU THAT: Judgment: WOR PT.&TNTIFP ® Judgment was entered for: (Name) ATOacwTOHN ® Judgment was entered against: (Name) BooBaPAM in the amount of $ a, n2n _ OD on: (Date of Judgment) i/11?06 Defendants are jointly and severally liable. (Date & Time) 11 Damages will be assessed on: 0 This case dismissed without prejudice. lease $ Amount of Judgment $ 7 , 900.00 ? Amount of Judgment Subject to AttachmenU42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential Judgment Costs $ 120.00 Interest on Judgment $ .00 Attorney Fees $_ .00 Total $ 8,020.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total -- $ ---------- ANY PARTY HAS THE RIGHT TO APPEAL. WLTHIN.30-DAYS. AFTER THE ENTRY-OF .JUDGMENT BY-FILING A NOTICE - - - - OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - ;J d ler Date Magisterial District Judge I certify that this is atrue and correct `copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 . SEAL AOPC 315-05 DATE PRINTED: 3/10/06 11:34:44 AM ??e° °p°2 ?tiay p m :; n ? nS m O 1§g1,Z two 9 p o;? 9° 2? n T m N ?B b° G``1r1d1 z' J m?_! J ?CPQ ?yz cm?c, vm y 0 cn n o µ?p 1 ? CP ryq n 9? O O ox h? M r?Yj , N ,v I r N C L 0 M ? T r a S ?F°- CG x& 23? z[Y 0 M O A DZO? n 2 ?] WOZ C > ."0 m ?m o -? Un cn ., o a PI C ? y ? o ?p 7 D ? a y Z K 9 9 x O a x O a 1?"I m /F7 RI O r R' 0 0 0 0 O D O W -? Q' .A I? R. 7002 0460 0002 7101 0369 o ? m ? A N 9 n 4 2 ?? a ? " ? c i 6 3 ? SZZ) m 9 _ c ? m ?9 ° } n ° ? T n w i T am T ?m m T N m m CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 17th day of April, 20o6, on all counsel of record as follows: John O. Stough 15 East Keller Street Mechanicsburg, PA 17055 Plaintiff THOMAS, THOMAS & HAFER, LLP Bret K sli E quire 422087.1 Bret Keisling, Esquire E-mail: bkeisling@tthlaw.cwm Attorney I.D. No. 201352 (717) 441-7054 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 Attorney for Defendant: Bookspan JOHN O. STOUGH, Plaintiff v. BOOKSPAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2001 CIVIL PRAECIPE TO FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE PURSUANT TO PA.R.C.P.M.D.J. No. 1005 TO THE PROTHONOTARY OF SAID COURT: Please file of record the attached Proof of Service of Notice of Appeal and Praecipe to Enter Rule to File Complaint and Rule to File in the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 1! ?N,1 l l Zoo By: C 1, BRET KEISLING, ESQUIRE Attorney I.D. No. 201352 Attorney for Defendant, Bookspan 421704.1 :.., l.? n./` ? C ?' : `??.'. . 1 John O. Stough, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO, 06-2001 CIVIL Bookspan, Defendant JURY TRIAL DEMANDED 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. John O. Stough, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2001 CIVIL Bookspan, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, John O. Stough, by and through his counsel, R. Mark Thomas, Esquire, and files this complaint as follows: 1. Plaintiff, John O. Stough, is an adult individual, who resides at 15 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Bookspan, is a corporation organized and existing under the laws of the State of Delaware, and was, at all times relevant to the matters complained of herein, conducting business in the Commonwealth of Pennsylvania at 1225 South Market Street, Mechanicsburg, Cumberland County Pennsylvania. 3. Plaintiff, along with his companion, Anna Thordarsen, on February 2, 2004, owned a 2000 Toyota Avalon which they continue to own at this time. At all times relevant to this complaint, Anna Thordarsen was an employee of the Defendant working a full-time shift, Mondays through Fridays, from 7:00 o'clock am., to 3:30 o'clock p.m. 4. On or about February 2, 2004, Anna Thordarsen parked the car, along with other co- workers, in a designated employee parking space next to the Defendant's building. 5. On that same day, while Anna Thordarsen was at work, it was discovered that a large block of ice had fallen from the roof of Defendant's building onto the 2000 Toyota Avalon car. 6. As a result of the fallen ice, Plaintiff's car suffered extensive damages, the repair cost of which originally was $9,518.27. 7. Defendant has paid for the costs to repair Plaintiff's vehicle. 8. According to Defendant, the actual cash value of Plaintiffs car on February 2, 2004, prior to the car being damaged, was $18,400.00. 9. After repairs to the excessive damages sustained by the car were completed, the fair market value of the car was $10,500.00. 10. Plaintiffs car had to sit outside for a few months until repairs could be completed and during this time the brake rotors severely rusted and had to be replaced at a cost to Plaintiff in the amount of $729.06. 11. The repair costs to the brakes were the direct result of the incident of February 2, 2004. 12. The total property damage suffered by Plaintiff includes $9,518.27 in body repairs, $729.06 in brake repairs and $7,900.00 loss caused by diminution in value of the car, a total damages amounting to $18,147.33. 13. As of the date of the filing of this Complaint, Defendant has paid, either directly to Plaintiff, or on his behalf, the sum of $10,748.13, or $7,399.20 less than the actual damages suffered by Plaintiff. 14. The damages suffered by Plaintiff were the direct result of Defendant's carelessness, recklessness, and negligence of Defendant. 15. The carelessness, recklessness, and negligence of the Defendant consisted of the following: a. Failure to remove the overhanging ice when Defendant knew that employees would be parking their vehicles in the area of the overhanging ice; b. Failure to prevent employees, such as the Plaintiff, from parking in an area where the potential for harm to their vehicles was great; C. Defendant had knowledge of prior instances where ice from its roof had fallen on either employee or customer vehicles causing damage, yet Defendant took no precautions to prevent additional instances of falling ice on vehicles; d. Defendant, despite having knowledge of similar events in the past, failed to warn its employees of the danger and failed to take reasonable steps to prevent the harm herein complained of; and e. Defendant failed to inspect and knock off any hanging ice, so as to prevent an incident such as what happened to Plaintiff's car. WHEREFORE, Plaintiff prays that this Honorable Court will enter judgment in his favor and against the Defendant in the amount of $7,344.20, plus court costs, and reasonable attorney fees. Respectfully submitted, R. Mark Thomas, Esquire Attorney ID# 41301 101 South Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff VERIFICATION 1 verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of l 8 Pa. C.S. §4904, relating to unswom falsification to authorities. ?? Date: / 8 69 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, attorney for Plaintiff, certify that I served a true copy of the foregoing Complaint upon the following persons at the following addresses, by depositing same in the United States mail, First Class postage prepaid. Bret Keisling, Esquire Attorney I.D. #201352 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, PA 17108 (717) 441-7054 Attorneys for Defendant Date: 2 $ By: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055-3851 D ca Y _A `J Bret Keisling, Esquire E-mail: bkeisling(@tthlaw.com Attorney I.D. No. 201352 (717) 441-7054 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 Attorney for Defendant: Bookspan JOHN O. STOUGH, Plaintiff V. BOOKSPAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2001 CIVIL .ANSWER, NEW MATTER and COUNTERCLAIM AND NOW COMES DEFENDANT, Bookspan, by and through its attorneys, Bret Keisling, Esquire, and Thomas, Thomas & Hafer, LLP, and files the following Answer, New Matter and Counterclaim to Plaintiff's Complaint, and in support thereof avers the following: 1. Admitted on information and belief. 2. Denied as stated. Bookspan is organized under the laws of Delaware and lawfully conducts business in Pennsylvania at 1225 South Market Street, Mechanicsburg, Pennsylvania. 3. Admitted on information and belief. 4. Denied pursuant to Pa.R.C.P. 1029(e). 5. Denied pursuant to Pa.R.C.P, 1029(e). 6. Denied as stated. It is admitted that Plaintiffs car was fully repaired at a cost to Defendant of $9743.26, which was paid in full. 7. Admitted. By way of further response, Bookspan also paid for a rental car for Plaintiffs use. 8. Admitted. 9. Denied. By way of further response, the actual cash value of the Plaintiffs vehicle, using the same formula used to derive the pre-incident value, is $17,170.14. Plaintiff was issued a check in the amount of $1,229.86, designated as full and final payment for diminished value, which Plaintiff negotiated in acceptance and as payment in full. 10. Denied pursuant to Pa.R.C.P.1o29(e). By way of further response, it is denied that Plaintiff s car "had" to sit outside; Plaintiff chose the body shop which repaired his vehicle, and this vendor may have allowed the car to remain outside with Plaintiff s consent. Therefore, if the brake rotors did require replacement, it is the intervening actions of Plaintiff and his chosen vendor, not Bookspan, that would have caused Plaintiff to incur this expense. 11. Denied. By way of further response, the averment in this paragraph is a legal conclusion to which no response is required. Also, see Paragraph 1o above. 12. Denied as a conclusion of law to which no response is required and pursuant to Pa.R.C.P. 1029(e). By way of further response, and as stated above, the cost to repair Plaintiffs vehicle was $9,743.26, which Bookspan paid in full. Bookspan also paid $1,229.86 as payment in full of the diminished value of the vehicle, and Plaintiff negotiated a check so designated as payment in full of the diminished value. The total loss caused by this incident was $10,973.12, of which Defendant has paid in full. 13. Denied. By way of further response, Bookspan has paid $10,973.12, which has fully compensated Plaintiff for any loss he may have suffered. 14. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). By way of further response, it is specifically denied that Bookspan was careless, reckless or negligent. 15. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). By way of further response, it is specifically denied that Bookspan was careless, reckless or negligent. Also: 15(a). Bookspan had no knowledge on the day of the incident that ice would present a danger to any vehicles parked in the vicinity of the incident; 15(b). It is specifically denied that potential for harm was "great"; 15(c). It is denied that Bookspan had knowledge of prior instances of ice falling and damaging vehicles. Bookspan has knowledge of a single prior incident, which occurred in 1996, prior to Bookspan's existence, however Bookspan is unable to determine whether the facts of that incident are similar to the facts underlying this Complaint, and strict proof if relevant is therefore demanded at trial; 15(d). It is denied that Bookspan had knowledge of prior similar events of ice falling and damaging vehicles, Bookspan has knowledge of a single prior incident, which occurred in 1996, prior to Bookspan's existence, however Bookspan is unable to determine whether the facts of that incident are similar to the facts underlying this Complaint, and strict proof if relevant is therefore demanded at trial; 15(e). It is denied that Bookspan was careless, reckless or negligent in failing to inspect and knock off any hanging ice. WHEREFORE, Defendant Bookspan demands judgment in its favor, together with all applicable court costs. NEW MATTER 16. Bookspan incorporates the averments and denials of Paragraphs i through 15 contained in its Answer. 17. Plaintiff lacks standing to bring this action. 18. Plaintiff s Complaint fails to state a cause upon which relief can be granted. 19. Plaintiff has failed to join an indispensable party to this litigation. 20. A party not named in this litigation is responsible for at least some of Plaintiffs alleged damages. 21. Plaintiff and/or Anna Thordarson (misidentified as Anna Thordarsen in Plaintiff s Complaint), was contributorily negligent to the events leading up to the damage of Plaintiffs vehicle. 22. Plaintiff and/or Anna Thordarson was comparatively negligent in the events leading up to the damage of Plaintiffs vehicle. 23. Plaintiffs claim for additional diminished value damages is barred because he accepted full and final payment and negotiated a check in support of this acceptance. 24. All or part of Plaintiffs claims are barred by collateral estoppel. 25. As discovery may show, all or part of Plaintiff s claims may be barred by res judicata. 26. Plaintiff failed to mitigate his damages. WHEREFORE, Defendant Bookspan demands judgment in its favor, together with all applicable court costs. COUNTERCLAIM FOR BREACH OF CONTRACT' 27. Bookspan incorporates the averments and denials of Paragraphs 1 through 22 contained in its Answer. 28. Plaintiff was issued a check in the amount of $1,229.68, which represented full and final payment for Plaintiff's diminished value claim. 29. This check was issued with the expectation and on the condition that it represented payment in full of the diminished value claim. 30. The check was designated "full/final diminished value for oo Toy Avalon." See a true and correct copy of the payment screen containing the information used to issue the check, attached hereto as Exhibit "A". 31. The language stating the payment was for full and final diminished value for the vehicle also appeared on the check stub attached to the check sent to Plaintiff. 32. The check stub is or was in the exclusive control of Plaintiff; therefore Bookspan is unable to attach a copy of same as an exhibit. 33• Notwithstanding this endorsement, Plaintiff added the words "accepting as part-payment not final Payment [sic]" before negotiating the check. A true and correct copy of the back of the check as endorsed by Plaintiff is attached hereto as Exhibit "B." 34• An insurance settlement is a contractual agreement between the insurer and/or its insured and the claimant. 5 35• The check issued to Plaintiff was done so with the clear expectation and on the condition that it represented payment in full. 36. By endorsing the back of the check with words indicating Plaintiff was accepting part payment and not payment in full, Plaintiff effectively rejected Bookspan's offer of payment in full. 37. If Plaintiff did not intend the check to be for full and final payment of the diminished value, he should have rejected the offer instead of negotiating the check. 38. Plaintiff is collaterally estopped from asserting a claim for additional payment for diminished value, based on his negotiating a check clearly designated as full and final payment of the diminished value claim. 39• In the alternative, by accepting and negotiating a check marked full and final payment for diminished value, and thereafter demanding additional payment for same, Plaintiff breached a contract with Bookspan that the diminished value claim was satisfied in full. WHEREFORE, Counterclaim Defendant, Bookspan, demands judgment against Plaintiff in the amount of $1,229.68, together with all costs and other appropriate relief to be assessed against Plaintiff. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Z ? By. 421953.1 B ISLING, ESQUIRE Attorney I.D. No. 201352 Attorney for Defendant, BOOKSPAN )ezkiki+ A Claimant Name: Val ID Sub Class Status Pay Kind r'R E! OQEkI NR :4 Payee: Mail To Jq?l. k60g(Wg; nt'~7TOtdanson . i..: Address: 451CKeIkrSt - .•.. ,. _.. Amount Third Party Deducbble Satisfied? eFe I'ul N : 7775 WWF-52ul.-R, 44 City: a gn9 ig: .t:ea State: ennsy a...'. rpCode: ]7055 .ry--• Country,:: ,. Chock Print Location (BIC): Original Amount-:.?.:y, 7099 CYAN): I" Taxable To (AIB/CM Check Total SSN/Tax ID: Attorney Tax ID' Invoice/Bid Numbs 7 Service Dates: M. ?.:.. .I fr-TL : e+nme.v Nature of Payment: N(glldfdNi9r71shOd 7(81gt'7,dF06oYfl9dlGkt Date Issued 052SD4 ? Issued By: Status Date .- 052404 Status. iSS'!•F T Payment Number. Bank Account Number `'959888t701Ui List fi RequestCoPy C--- >6 k, b I + '??, `J?4 73- 1 _ lr: R.EO'd1=IRnV:W Ll r.nO`I J!P . ?D-dWT too- c49 _ 00-od -V _ WxFL?1 "• Mq3$ •- T? V t I I;':.I NJ ..t I'R•I I ' aryr .CT.I,..?::I.q• RI LL? \f•ni QnpU IAM ytiuJ :• 21x1 L'i p.U I j Jry V O'r: VERIFICATION I, Karen A. Hartman, Manager, Human Resources, for Bookspan, hereby verify that the averments made in the foregoing document are true and correct. 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. 0 'LP b to Date Karen A. Hartman 434850.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the date listed below, on counsel of record as follows: R. Mark Thomas, Esquire ioi South Market Street Mechanicsburg, PA 17055-3851 Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP Date Bret eis ing, Esquire 422097.2 { .? >.; ii _7_ ;?,-n -. .,1 t ?; ?? _ ? , .. Ili -_? r Y John O. Stough, Plaintiff V. Bookspan, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 06-2001 CIVIL PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R. Mark Thomas, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is $7,399.20. The counterclaim of the Defendant in the action is $1,229.68. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Mark Thomas, Esquire, and Bret Keisling, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. R ect lly sub , R. Mark Thomas, Esquire Attorney ID# 41301 101 South Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff ORDER OF COURT AND NOW, , 2009 in consideration of the foregoing petition, , Esquire, and , Esquire, and , Esquire, are appointed arbitrators in the above-captioned action as prayed for. By the Court, Edgar B. Bayley, P. J. „'.?... +`? ?h rW \a W ?. C ? t ? ... ? "? -y: . 6"..... ?y ? :? J ?.?' (n .?,,? ? ? 'iJe _. ?" ? ?- by ``? John O. Stough, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2001 CIVIL Bookspan, Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R. Mark Thomas, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is $7,399.20. The counterclaim of the Defendant in the action is $1,229.68. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Mark Thomas, Esquire, and Bret Keisling, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. R ect lly sub , R. Mark Thomas, Esquire Attorney ID# 41301 101 'South Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff ORDER OF COURT ND NOW, ( r (f' , 200?, in considers ion of the foregoing petition, ?. Esquire, and Esquire, and Esquire, are appoin arbitrat in th bove-captioned action as prayed for. By the o , Y? G Edgar B. Bayley, P. J. r-1:1 q-5 0 flir- cr" $. rl r. --4 Olt VJ vY off, CxLa on If-pia ©w John 0. Stough, In The Court of Common Please of Cumberland Plaintiff County, Pennsylvania No. 06-2001 Bookspan, Defendant Civil Action - Law Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co onwealth d that we will discharge the duties of our office with fidelity., Signa a Signature Signature r Robert C. Saidis, Esq. Adam T. Wolfe, Esq. Stacy Barker Wolf, Esq. Name (Chairman) Name Name Saidis, Flower & Lindsay Shollenberger & Januzzi, LLP Wolf & Wolf Law Firm Law Firm Law Firm 26 West High Street 2225 Millennium Way 10 West High Street Address Address Address Carlisle, PA 17013 Enola, PA 17025 Carlisle, PA 17013 City, zip City, zip City, zip # J MJ14 -' 1%8A Award * 1430ol, We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated) Date of Hearing: September 18, 2007 Date of Award: Pt j t p . Arbitrator, diss (Insert name if applicable) Adam T. (Chairman) 1 ja -4y,IA, I.)". Stacy Barker Wo Notice of Entry of Award Now, the day of , 2001, at A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' co ensation to be id upon appeal: $ .350. 00 By: ono Deputy e?+s Y x) c ?? Q Ma??d q ? Prof JOHN O. STOUGH, V. BOOKSPAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW NO. 06-2001 CIVIL JURY TRIAL DEMANDED Defendant PRAECIPE TO SATISFY JUDGMENT To the Prothonotary: Please mark the judgment that was previously entered in the above-captioned matter by the Board of Arbitrators which was awarded on September 18, 2007, and entered into the record on September 19, 2007 as satisfied. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 By: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Harrisburg, PA 17101 Telephone: (717) 237-7100 Dated: /(/% / , 2007 7 1 . i ??