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HomeMy WebLinkAbout06-2038COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0z, ,W 3,1' NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAGI DIST, NO. NAME OF D.J. SV, PAUlA C?MCAI,.- ustA t&Wf(SI I nc OCR AetNg AA DRE ?PELLANT CITY STATE ZIP CODE LC vle? Lt` b?_ &L\S r IN11 I-1al3 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (DeleadaNT 3-15-U? U4--,N -? ? t . S - AGENT tic dlxc kk f v DOCKET Na. SIGNATURE OF APPELLANT OR ATTORNEY OR C'4 - t?bc?yq L-c ? ft C4ltkuea ?Rcjel?F> This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Synahne 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.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon i6t xq\c, ?l,-? \"Y1NF($ \ d VQ ?,(l vq1 %V C,4{lpellee(s), to file a complaint in this appeal Name of appellee(s) J J (Common Pleas No. 0L J0_39___. within twenty (20) days after service of rule or suffer entry of judgment of non pros. (CL&_w l kr_-OA? Signature of appellant ora mey or agent l l RULE: To MW21S (\L AI- NI ap ellee(s) Name of appellees) (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. Date: _ / '20 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALI H OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal. Common Pleas . Upon the District Justice designated therein on (date of service) .20 - ? by personal service ? by (certified) (registered) mail, senders receipt attached hereto, and upon the appellee, (name) , or 20 ? by personal service ? by (certified) (registered)rnalt. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS __ __ __ DAY OF Signature of official before whom affidavit was made Title of official My commission expires on c( :r v? 20 _1J U_. Lr) 1> V 4 _ Sig(, , o' rrf vrr COMMONWEALTH OF PENNSYLVANIA 1Uu1N 1 r Ur: - - Mag. Dist. Noa 09-2-01 MDJ Name. Hon. - PAULA P. CORREAL AdGress= 2260 SPRING RD SUITE -#3 CARLISLE, PA Telephone(717) 218-5250 17013-0000 BE&INS A-1 MOVERS DBA ACE MVG/STRG 4 CAVE HILL ROAD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: - NAME antl ADDRESS FCOOR, CECELIA W PO BOX 2881 PAWLEYS ISLAND, SC 29585 L J VS. DEFENDANT: NAME antl ADDRESS FBEEINS A-1 MOVERS DBA ACE MVG/STAG; 4 CAVE HILL ROAD CARLISLE, PA 17013 L J Docket No.: CV-0000492-05 Date Filed: 10/24/05 THIS' STO NOTIFY YOU THAT. • _ I "I Judgment: -` FOR PLAINTIFF` ' ® Judgment was entered for: (Name) CnOR, CgrELTA m ® Judgment was entered against: (Name) ;nwxTNg VAN LINEg, in the amount of $ 3, D27.6g on ? Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 3/i5/06 (Date & Time) Amount of Judgment $ 0 3,007.9 Judgment Costs $ 19.78 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,027.68 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 JUDGMENT/TRANSCRIPT 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. - 3-d-0-0(,0 bate wtp Magisterial District Judge 1 certify that this is a true and correct copy of the record of the proceedings containing the judgment. " Date Magistetial,District Judge My commission expires first Monday of January, 2012. .'SEAL COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ( V COMMON PLEAS No. ' ''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 referenced below. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgnalum of Prothonotary w Deputy eftant was Claimant (see before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon d? appellee(s), to file a complaint in this appeal SS c '/ , Name of appellee(s) (Common Pleas No S * e', - j ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To ' Signature of appellant or attorney or agent appellees} .; Name ofeppe//se(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. Date Ij ,20 i" S/gnatwe Proff*otary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTI TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ADPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE SENDER: COMPLETE THIS SECTION ¦ Complete items 1, 2, and 3. Also complete A d Oe??2iY / item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 7. Article Addressed to: C' LI A. ,rI / ?r?J 1r Agent ?'vt I.IL) 'Q ANNrm B. Received by (Printed Name) C. Date of Delivery D. Is delivery address,d ? Yes It YES, enter deliveYy address below: ?d No y; s Al 06 1• 1 - j f ?- / ?'?? 3. Service Type mfied Mail 9istered U CJ Express Mail ? Return Receipt for Merchandise 0 Insured Mail 0 C.O.O. 4. Restricted Delive ry? (EMra Fee) ? Yes 2. Article Number PROOF OF (transfer from service label) (This proof of service MUST BE PS Form 3811, February 2004 7005 116U 0002 1113 0642 Domestic Return ReGein! 102595-02 M-1 FAD COMMONWEALTH OF PENNSYLVANIA COUNTY OF (• Ufy-\V)t?-l kCj_/1 d ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served 0 a copy of the Notice of Appeal, Common Pleas k,? upon the District Justice designated therein on (date of service) &)/-/? - , 20 by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) _? on 20 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWqR N),?FtFIRMED)AND BSCRIBED BEFORE ME l1 espy ! y"9 l/ TH1Fu + /" DA?bF S 20 ?td ?•L( GL?' l l i tJl ?? L ,? ??"' Signature ofafff'ant $rignature of official before whom affidavit was made t .?.?-K f fiC.lt? u rX•11Z: Title of official My commission expires on r L' ` tC Cecelia W. Cook vs. Bekins A-1 Movers, Common Pleas No. 06-2038 dba Ace Moving & Storage COMPLAINT (1) Plaintiff. Cecelia W Cook *P. O. Box 2881 *Pawleys Island, SC 29585 (2) Defendant: Bekins A-1 Movers dba Ace Mvg/Stra 4 Cave Hill Road Carlisle. PA 17013 (3) The Plaintiff, Cecelia W. Cook, was awarded a judgment of $3,027 against Defendant, Bekins A-1 Movers dba Ace Moving and Storage (hereinafter referred to as "Bekins) dated March 15, 2006 by Magisterial District Judge Paula P. Correal. Judge Correal heard the testimony of both Plaintiff and Bekins, in addition to a thorough review of the substantiating documentation. Judge Correal is certainly qualified to render such an opinion between two dissenting individuals, and she has the experience to discern what the fairest course of action should be in making such a decision. Plaintiff feels the filing of an appeal of Judge Correal's opinion by Bekins is yet just another evasive action to evade financial responsibility for the failure of Bekins to (a) handle Plaintiffs possessions "with care" as promised, both verbally and in print (in fact, it was handled in quite an opposite manner) and (b) failure to provide Plaintiff with the insurance coverage ($30,000) by way of an actual insurance policy as required by FHWA purchased by her from Bekins on the day the furniture was picked up at her residence to be placed into Bekins' long-term storage warehouse in Carlisle. According to the booklet given to her by their Bekins' Sales department entitled "Your Rights and Responsibilities When You Move" prepared by the Federal Highway Administration (FHWA): " If you purchase liability insurance through your mover, they are required to issue a policy or other written record of the purchase and to provide the client with a copy of the policy or other document at the time of purchase If the mover fails to comply with this requirement, the mover becomes fully liable for any claim for loss or damage attributed to its negligence. " Plaintiff never received any insurance policy or documentation verifying insurance coverage, claims contact information, etc, on her stored furnishings. (4) Personal Recital: I chose Bekins as my mover based on their statements, both verbal and in print, that they specialized in careful handling of fine furnishing. I could have hired 3 moving men and had my furniture moved into a U-Store unit, but I wanted it protected and was assured Bekins was the right choice. On the date of Plaintiffs move, the crew arrived with only had one sheet of carbonized inventory paper. So, I had no record of what furnishings were actually placed into the moving van. A back and forth of letters, faxes and reinventories resulted with still a confusion as to what actual possessions of mine were in storage. At last inventory, two dining rooms chairs were still missing. Therefore, when the time arrived to move the stored furnishing to my permanent residence address in South Carolina, I opted to use another company, North American Van Lines. I sent notice to Bekins that I would be arriving on April 19 (incurring time off from two part-time jobs, and the expense of driving my personal auto up from temporary quarters in South Carolina to Bekins' Carlisle, PA warehouse) to be present when the furniture shifted to another carrier. At this point, I was not so much worried about damage to my furnishings as I was about accounting for all the items which originally was loaded onto the Bekins' truck, so taking along a digital camera never occurred to me as being something I would need to have on hand. Due to this transfer of liability, I had requested a claims adjuster be present on site to look over the items before they were turned over to another moving carrier. But there was no claims adjuster present when I arrived (one reason may be - see below - because no insurance policy had been procured) at Bekins Warehouse on April 19 in the company of two other individuals, who can also be used as corroborating eye witnesses if necessary (I presently have the handwritten description of what condition we found the furniture from one of these persons). My furniture had been placed in large wooden crates, which is customary for long-term storage. But it appeared if there wasn't quite enough room in the crate, the furniture had been "made to fit." There were various pieces and chunks of wood out of my furniture lying on the floor of the crates. The furniture lacked sufficient protection. No attempt had been made to protect the formal cherry dining room table which had been stored on its side directly in contact with the wooden bottom of the crate - no padding at all. It was severely "skinned." An off white velvet sofa had likewise been stored on its side (Plaintiff had been assured her sofas would be shrink-wrapped and stored in off-the-floor bins) directly in contact with the wood planking and it was very soiled. The glass coffee table's 3'x 3' brass frame was pitched on top of a pile - nothing was around it to prevent scratching. Hardware had fallen out of one of the corners holding the frame together and was missing (one part was found across floor of warehouse where it had skidded). Bookcases had hunks of wood missing from edges. I found my antique walnut dining room china cabinet lying on its back on the concrete floor of the warehouse with one leg still "sticky" with some substance where someone with no knowledge of antique repairs tried to manufacture a new one and "glue" it on. We found the broken leg ourselves. Every piece of wicker furniture was "bummed up" where it had been forced into spaces too small: paint scraped off and wicker broken in many spots that will unravel in a very short time (these wicker pieces were virtually new and had light use in bedrooms of and never had exterior use). There was blatant disregard for the protection of the furnishings. Mailing Tape had been used to secure a moving blanket to the top of an antique sideboard (when you remove mailing tape, you also pull off the finish). And the furniture carnage goes on and on. Small spool-legged 100-year-old tabletops were broken and could not be repaired. I had been assured that my finer furnishings would be handled with care - but instead found my furniture basically "trashed." Upon contacting my attorney on the next business day, I was advised to file a claim first with the insurance carrier who was carrying the $30,000 coverage I'd purchased, and then if everything not reimbursed to my satisfaction, then take legal recourse. I immediately detailed the condition(s) in which I found my furnishings to Bekins in a certified letter dated April 24th and also asking for the name and contact number of the insurance company providing my coverage. After several weeks and getting no response whatsoever, I finally was forced to engage the services of Stock & Leader, my law firm in York, PA ($250) and they attempted to get the same information from Bekins Carlisle office and they too were ignored. My attorney finally had to issue a legal ultimatum, and at that point, I did get a response from Bekins. It was about this time I realized that there would be no insurance adjuster because Bekins had not purchased an insurance policy with the money I paid them. (Plaintiff provided has provided copy of check as documentation and it is clearly earmarked to pay the insurance costs). Bekins sent me a letter in which it was stated in lieu of an adjuster, the services of a repairperson, a Mr. McAndrews, had been engaged and he would contact me. Mr. McAndrews is a former construction worker who migrated over into woodworking and has his own shop; he is not, unfortunately, a furniture appraiser, nor an antiques expert. Mr. McAndrews, in Plaintiff's opinion, made every effort to repair the furniture correctly, but Mr. McAndrews is not a person trained in antique appraisal or repairs. It was from Mr. McAndrews that I learned that Bekins had given him a cap of $650 to spend on repairs. What happened to the $30,000 of coverage purchased? Somehow $650 does not equate to $30,000. I acknowledge I wrote Bekins a letter regarding the completion of Mr. McAndrews work. In light of my experience with Bekins, I was fearful that Mr. McAndrews would not be paid unless I acknowledged in some way that he had finished the repairs Bekins authorized. After finally getting all the boxes opened, I determined that there were two boxes of items missing. I submitted this listing of miscellaneous items in the same letter about McAndrews completing his work. Mr. McAndrews did get paid but Bekins totally ignored this listing. Plaintiff would like the Court of Common Pleas to please note that while she filed shit against Defendant in October, 2005, she had no communication regarding any out-of-court settlement until March 9, 2006 while enroute from Pawleys Island, SC for the March l3rh hearing scheduled in Carlisle, PA (she was already in the state of North Carolina). (5) Summary: Therefore, in view of the gross negligence; the questionable business practices; the lack of an opportunity to have the damage to her antiques fully appraised, or even to negotiate the damages with an insurance adjuster because no insurance was purchased; and the legal and consequent travel expenses she has incurred, Plaintiff s feels she has actually lost far more than the amount asked and awarded. Plaintiff respectfully requests that the Court of Common Pleas allow the $3,027 judgment as rendered by Judge Correll on March 15, 2006 for Plaintiff to stand, and that the Defendant be immediately forthcoming with the payment of such. ?,K- (Si/g/ned: Cecelia W. Cook) ?`-/ -G (Date) Copy/Certified Mail: Bekins A-1 Movers dba Ace Mvg/Strg 4 Cave Hill Road Carlisle, PA 17013 *Please note that any correspondence to Plaintiff after April 22"a via USPS needs to be sent to her c/o Vermejo Park Ranch, P O Drawer E Raton NM 87740, Plaintiff will not have access to mail service between April 22"d and May I' as she's enroute from SC to NM, and since it's being forwarded, it is very doubtful she will receive in a timely manner. Any mail that is sent certified and requires signature for delivery necessitates an 80 mile, round trip to the post office at Raton, which further delays its arrival. There is a fax number which if legally acceptable might prove more efficient: 5051445-0545 aunt make sure Plaintiffs name and notation that she's staff member arriving May T" is an the cover sheet). If any documents are forwarded via UPS, they need to be addressed to Plaintiff c/o Vermejo Park Ranch. 40 miles west of Raton on Hwy. 5555, Raton NM 87740, but she will not arrive at this location until May 1". ie c? ,, c To: Prothonotary Office - Cumberland Country, PA From: Cecelia Cook Case: 06-2038 Cook vs. Bekin I sincerely hope that I have done this correctly. Fools rush in, etc. -- well, this fool didn't have an option of whether to be one or not in that I really have no money for legal fees and the amount involved is relatively small, so even if I finally won, the only winner would be the attorney - so it's do-it-yourself right now. If formal proceedings are deemed in order and my personal appearance in court in Carlisle is required. I respectfully request if that is the case, that such a hearing or court date could be delayed until after I finish my term of employment in New Mexico and return to the east coast, which would be the latter part of October. I'm writing specifically to let the court know that the address or record for me Cecelia W. Cook P. O. Box 2881 Pawleys Island, SC 29585 will change effective April 22nd to: Cecelia W. Cook c/o Vermejo Park Ranch P. O. Drawer E Raton, NM 87740 This address will be good for me until the end of September, at which time, my S.C. post office box will be reactivated, but I won't get mail for about 2 weeks due to the shift and the trip back. Sorry for all this confusion, but I didn't expect to still be embroiled in a legal dispute which started last October. Last February, I accepted a 5 month seasonal position in a very remote part of the New Mexico mountains beginning May 1'. Between April 22 and that time I will be in transit to my new job location. Any mail that is sent certified and requires signature for delivery necessitates an 80 mile, round trip to the post office at Raton, which further delays its arrival. There is a fax number which if legally acceptable might prove more efficient: 5051445-0545 (just make sure my name and notation that Cecelia Cook is a new staff member arriving May 1' is on the cover sheet). If any documents are forwarded via UPS, they need to be addressed to: Cecelia Cook c/o Vermeio Park Ranch 40 miles west of Raton on Hwy. 555 Raton, NM 87740 (Ever seen a delivery address like this one before? Neither have 1) I will not arrive at this location until May]'. Thank you for your assistance and again --- hope to God I have prepared this correctly Cecelia Cook p?- a03S G>!i? ¦ Complete items i. 2, and 8. Also Complete Item A N Restricted Delivery is de fired. ¦ PrkA your name and address on the revers so- that we Can return the ctedto you. ¦ Attach this carat to the back of themailpiac or on the front tf space permits. i?2 >D? 1-7? I3 Sc 295. ow= ?wwre 9 Type p4mow lywoo Mall ? Maq to f ? I?wlpt Machos use , ? O A+&tre?ee s. saeoaiveabylPnnroecfevre0 c. Date afit>alwey ?!flt-l3ansEil 4 24-tt7o D. la tlelhrery address diRerentUizn henml? ? lma R YES.eMer tlellvery etldreae below: ?No 4. R #ed Oeryaey4 pft FW 13 Yas . 2 Ankle Nu"a lawn 3811. Petruaw 2004 t)ornUw PAtim ttacdpt -m2-Qk v n?r?l+?? 46911 r )mq • A Cecelia W. Cook vs. Bekins A-1 Movers, Common Pleas No. 06-2038 dba Ace Moving & Storage COMPLAINT (1) Plaintiff: Cecelia W. Cook *R O. Box 2881 *Pawleys Island, SC 29585 (2) Defendant: Bekins A-1 Movers dba Ace Mve/Stre 4 Cave Hill Road Carlisle, PA 17013 (3) The Plaintiff, Cecelia W. Cook, was awarded a judgment of $3,027 against Defendant, Bekins A-1 Movers dba Ace Moving and Storage (hereinafter referred to as "Bekins) dated March 15, 2006 by Magisterial District Judge Paula P. Correal. Judge Correal heard the testimony of both Plaintiff and Bekins, in addition to a thorough review of the substantiating documentation. Judge Correal is certainly qualified to render such an opinion between two dissenting individuals, and she has the experience to discern what the fairest course of action should be in making such a decision. Plaintiff feels the filing of an appeal of Judge Correal's opinion by Bekins is yet just another evasive action to evade financial responsibility for the failure of Bekins to (a) handle Plaintiff's possessions "with care" as promised, both verbally and in print (in fact, it was handled in quite an opposite manner) and (b) failure to provide Plaintiff with the insurance coverage ($30,000) by way of an actual insurance policy as required by FHWA purchased by her from Bekins on the day the furniture was picked up at her residence to be placed into Bekins' long-term storage warehouse in Carlisle. According to the booklet given to her by their Bekins' Sales department entitled "Your Rights and Responsibilities When You Move" prepared by the Federal Highway Administration (FHWA): " If you purchase liability insurance through your mover, they are required to issue a policy or other written record of the purchase and to provide the client with a copy of the policy or other document at the time of purchase If the mover fails to comply with this requirement, the mover becomes fully liable for any claim for loss or damage attributed to its negligence " Plaintiff never received any insurance policy or documentation verifying insurance coverage, claims contact information, etc. on her stored furnishings. (4) Personal Recital: I chose Bekins as my mover based on their statements, both verbal and in print, that they specialized in careful handling of fine furnishing. I could have hired 3 moving men and had my furniture moved into a U-Store unit, but I wanted it protected and was assured Bekins was the right choice. On the date of Plaintiff's move, the crew arrived with only had one sheet of carbonized inventory paper. So, I had no record of what furnishings were actually placed into the moving van. A back and forth of letters, faxes and reinventories resulted with still a confusion as to what actual possessions of mine were in storage. At last inventory, two dining rooms chairs were still missing. Therefore, when the time arrived to move the stored furnishing to my permanent residence address y , in South Carolina, I opted to use another company, North American Van Lines. I sent notice to Bekins that I would be arriving on April 19 (incurring time off from two part-time jobs, and the expense of driving my personal auto up from temporary quarters in South Carolina to Bekins' Carlisle, PA warehouse) to be present when the furniture shifted to another carrier. At this point, I was not so much worried about damage to my furnishings as I was about accounting for all the items which originally was loaded onto the Bekins' truck, so taking along a digital camera never occurred to me as being something I would need to have on hand. Due to this transfer of liability, I had requested a claims adjuster be present on site to look over the items before they were turned over to another moving carrier. But there was no claims adjuster present when I arrived (one reason may be - see below - because no insurance policy had been procured) at Bekins Warehouse on April 19 in the company of two other individuals, who can also be used as corroborating eye witnesses if necessary (I presently have the handwritten description of what condition we found the furniture from one of these persons). My furniture had been placed in large wooden crates, which is customary for long-term storage. But it appeared if there wasn't quite enough room in the crate, the furniture had been "made to fit." There were various pieces and chunks of wood out of my finniture lying on the floor of the crates. The fumiture lacked sufficient protection. No attempt had been made to protect the formal cherry dining room table which had been stored on its side directly in contact with the wooden bottom of the crate - no padding at all. It was severely "skinned." An off white velvet sofa had likewise been stored on its side (Plaintiff had been assured her sofas would be shrink-wrapped and stored in off-the-floor bins) directly in contact with the wood planking and it was very soiled. The glass coffee table's 3'x 3' brass frame was pitched on top of a pile - nothing was around it to prevent scratching. Hardware had fallen out of one of the comers holding the frame together and was missing (one part was found across floor of warehouse where it had skidded). Bookcases had hunks of wood missing from edges. I found my antique walnut dining room china cabinet lying on its back on the concrete floor of the warehouse with one leg still "sticky" with some substance where someone with no knowledge of antique repairs tried to manufacture a new one and "glue" it on. We found the broken leg ourselves. Every piece of wicker furniture was "bummed up" where it had been forced into spaces too small: paint scraped off and wicker broken in many spots that will unravel in a very short time (these wicker pieces were virtually new and had light use in bedrooms of and never had exterior use). There was blatant disregard for the protection of the furnishings. Mailing Tape had been used to secure a moving blanket to the top of an antique sideboard (when you remove mailing tape, you also pull off the finish). And the furniture carnage goes on and on. Small spool-legged 100-year-old tabletops were broken and could not be repaired. I had been assured that my finer furnishings would be handled with care - but instead found my furniture basically "trashed." Upon contacting my attorney on the next business day, I was advised to file a claim first with the insurance carrier who was carrying the $30,000 coverage I'd purchased, and then if everything not reimbursed to my satisfaction, then take legal recourse. I immediately detailed the condition(s) in which I found my furnishings to Bekins in a certified letter dated April 24a' and also asking for the name and contact number of the insurance company providing my coverage. After several weeks and getting no response whatsoever, I finally was forced to engage the services of Stock & Leader, my law firm in York, PA ($250) and they attempted to get the same information from Bekins Carlisle office and they too were ignored. My attorney finally had to issue a legal ultimatum, and at that point, I did get a response from Bekins. It was about this time I realized that there would be no insurance adjuster because Beans had not purchased an insurance policy with the money I paid them. (Plaintiff provided has provided copy of check as documentation and it is clearly earmarked to pay the insurance costs). Bekins sent me a letter in which it was stated in lieu of an adjuster, the services of a repairperson, a Mr. McAndrews, had been engaged and he would contact me. Mr. McAndrews is a former construction worker who migrated over into woodworking and has his own shop; he is not, unfortunately, a fumiture appraiser, nor an antiques expert. r ` Mr. McAndrews, in Plaintiff s opinion, made every effort to repair the fiirniture correctly, but Mr. McAndrews is not a person trained in antique appraisal or repairs. It was from Mr. McAndrews that I learned that Bekins had given him a cap of $650 to spend on repairs. What happened to the $30,000 of coverage purchased? Somehow $650 does not equate to $30,000. I acknowledge I wrote Bekins a letter regarding the completion of Mr. McAndrews work. In light of my experience with Bekins, I was fearful that Mr. McAndrews would not be paid unless I acknowledged in some way that he had finished the repairs Bekins authorized. After finally getting all the boxes opened, I determined that there were two boxes of items missing. I submitted this listing of miscellaneous items in the same letter about McAndrews completing his work. Mr. McAndrews did get paid but Bekins totally ignored this listing. Plaintiff would like the Court of Common Pleas to please note that while she filed suit against Defendant in October, 2005, she had no communication regarding any out-of-court settlement until March 9, 2006 while enroute from Pawleys Island, SC for the March 13`" hearing scheduled in Carlisle, PA (she was already in the state of North Carolina). (5) Summary: Therefore, in view of the gross negligence; the questionable business practices; the lack of an opportunity to have the damage to her antiques fully appraised, or even to negotiate the damages with an insurance adjuster because no insurance was purchased; and the legal and consequent travel expenses she has incurred, Plaintiff's feels she has actually lost far more than the amount asked and awarded. Plaintiff respectfully requests that the Court of Common Pleas allow the $3,027 judgment as rendered by Judge Correll on March 15, 2006 for Plaintiff to stand, and that the Defendant be immediately forthcoming with the payment of such. Ak (Signed: Cecelia W. Cook) L -O (Date) Copy/Certified Mail: Bekins A-1 Movers dba Ace Mvg/Strg 4 Cave Hill Road Carlisle, PA 17013 *Please note that any correspondence to Plaintiff after April 22 d via LISPS needs to be sent to her q,/-o erm 'o Park Ranch, P. O. Drawer E Raton NM 87740. Plaintiff will not have access to mail service between April 22°d and May 1" as she's enroute from SC to NM, and since it's being forwarded, it is very doubtful she will receive in a timely manner. Any mail that is sent certified and requires signature for delivery necessitates an 80 mile, round trip to the post office at Raton, which further delays its arrival There is afar number which if legally acceptable might prove more efficient: 5051445-0545 (rust make sure Plaintiffs name and notation that she's staff member arriving May I" is on the cover sheet). If any documents are forwarded via UPS, they need to be addressed to Plaintiff c/o Verm6o Park Ranch. 40 miles west of Raton on Hwy, 555, Raton, NM 87740, but she will not arrive at this location until May 1'. U U 9 n an W '? Certified Mail, Return Receipt Requested Cecelia Cook c/o Vermej o Park Ranch P. O. Drawer E Raton, NM 87740 Date: May 17, 2005 NOTICE To: Bekins dba Ace Moving & Storage Attention: Mr. Peter Kon You had 20 days from the date your received the copy of mjy Complaint to respond. The return receipt indicates that you received it on April 24 . You have actually had more than 20 days. I finally was able to contact the Prothonotary's Office of Cumberland County this morning and they have received no response to my Complaint from you. Therefore, this is a Notice that in 10 days I will be filing a document with the Common Pleas Court/Prothonotary's Office to effect a collection of the judgement awarded to me in Magisterial District Court due to no response from you. 6W,15eL, L! Cecelia W. Cook h2Ni 1-70(3 c ° o !r: ? , 7 (_Y N Jnt K w- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CECELIA W. COOK, Plaintiff vs. NO. 06-2038 BEKINS A-1 MOVERS dba ACE MVG/STRG, Defendants NOTICE TO PLEAD TO NEW MATTER DIRECTED TO CECELIA W. COOK YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE WRITTEN RESPONSE TO THE WITHIN NEW MATTER PURSUANT TO PA.R.C.P. RULE 2252(d) WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGEMENT MAY BE ENTERED AGAINST YOU. FREDERICK W. ALCARO, ESQUIRE Counsel for Defendant, BEKINS A-1 MOVERS, INC., doing business as Ace Moving and Storage 590 Rutter Avenue Kingston, PA 18704 (570) 288-7799 Sup. Ct. ID# 17221 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CECELIA W. COOK, Plaintiff vs. NO. 06-2038 BEKINS A-1 MOVERS dba ACE MVG/STRG, Defendants ANSWER AND NEW MATTER The above named Defendant, BEKINS A-1 MOVERS, INC., doing business as Ace Moving and Storage, by and through its attorney, FREDERICK W. ALCARO, does hereby make answer to the Complaint heretofore filed by the Plaintiff and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Denied. The averments of paragraph 3 do not follow the proscribed form of pleading as required by the Pa. Rules of Civil Procedure and furthermore set forth conclusions of law to which no responsive pleading is required. By way of further answer, the Defendant is without sufficient knowledge or information upon which to form a belief as to the true or falsity of the averments set forth herein and, such being the case, said averments are hereby denied and strict proof thereof is demanded at trial. 4. Denied. The averments of paragraph 3 do not follow the proscribed form of pleading as required by the Pa. Rules of Civil Procedure and furthermore set forth conclusions of law to which no responsive pleading is required. By way of further answer, the Defendant is without sufficient knowledge or information upon which to form a belief as to the true or falsity of the averments set forth herein and, such being the case, said averments are hereby denied and strict proof thereof is demanded at trial. 5. Denied. The averments of paragraph 5 set forth conclusions of law to which no responsive pleading is required. NEW MATTER The Defendant, BEKINS A-1 MOVERS, INC., hereby raises the following affirmative defenses in the form of New Matter and makes the following averments in support thereof. 6. The averments contained in answers to paragraphs 1 through 5 above are incorporated herein by reference. 7. To the extent that there was any damage to the personal property of the Plaintiff, said damage was repaired in accordance with the wishes of and to the satisfaction of the Plaintiff. 8. Plaintiff's claim is barred by the doctrine of accord and satisfaction. 9. The averments set forth in Plaintiff s complaint fail to set forth a cause of action upon which the relief requested may be granted. WHEREFORE, the Defendant respectfully requests your Honorable Court to dismiss the Plaintiffs Complaint. Respectfully submitted, FREDERICK W. ALCARO, ESQUIRE Counsel for Defendant, BEKINS A-1 MOVERS, INC., doing business as Ace Moving and Storage 590 Rutter Avenue Kingston, PA 18704 (570) 288-7799 Sup. Ct. ID# 17221 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CECELIA W. COOK, Plaintiff VS. NO. 06-2038 BEKINS A-I MOVERS dba ACE MVG/STRG, Defendants VERIFICATION I, FREDERICK W. ALCARO, ESQUIRE, being duly authorized as counsel for Defendant, Bekins A-1 Movers, Inc., doing business as Ace Moving and Storage, hereby verify that the foregoing Answer and New Matter to the Complaint filed by Plaintiff in the above captioned matter, are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 40, FREDERICK W. ALCARO, ESQUIRE Dated: 4- a% ,a ? J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CECELIA W. COOK, : Plaintiff vs. NO. 06-2038 BEKINS A-1 MOVERS dba ACE MVG/STRG, Defendants CERTIFICATE OF SERVICE I, FREDERICK W. ALCARO, ESQUIRE, do hereby certify that I am the attorney for the Defendant, Bekins A-1 Movers, Inc., doing business as Ace Moving and Storage and as such, that I served a true and correct copy of the Defendants' Answer and New Matter with reference to the above-captioned matter, on the 24th day of May, 2006, by United States Mail, first class, postage prepaid, upon the following: Cecelia W. Cook c/o Vermejo Park Ranch P.O. Drawer E Raton, NM 87740 (Pro se) FREDERICK W. ALCARO, ESQUIRE Counsel for Defendant, BEKINS A-1 MOVERS, INC., doing business as Ace Moving and Storage 590 Rutter Avenue Kingston, PA 18704 (570) 288-7799 Sup. Ct. ID# 17221 "' cn7 o t ? - ?.3 1 `? T1 -• -'I r S ly l _ CD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CECELIA W. COOK Plaintiff vs. NO. 06-2038 BEKINS A-L MOVERS DBA ACE MVGJSTRG Defendants PLAINTIFF'S REPLY TO DEFENDANTS NEW MATTER 6. Plaintiff incorporates herein the averments contained in Plaintiff's paragraphs 1 through 5 of the Complaint, as though textually set forth at length. To the extent that Defendant's averments or inferences are contrary thereto, Defendant's averments are specifically denied. 7. DENIED. Plaintiff was never given an opportunity to state her preferences/"wishes" regarding the furniture repairs. She was sent a letter stating that Bekins assumed that she would want the furniture repaired and they had engaged a repairperson in the vicinity to make the repairs and he would be in contact. Said repairperson was a former construction worker and had little expertise in repairing antiques. It would have been her preference to have a recognized antique restoration firm engaged to do the repairs and to have had the contact information of the insurance company's adjuster (which was to have provided her $30,000 in coverage) with which she could have specifically addressed the devaluation of her previously pristine walnut antiques. Further, there were other pieces that were damaged and reported at the time the furniture removed from storage that was not repaired - the person contracted by Bekins to make repairs stated that he could not make the repairs to those pieces. He also stated that he had a limit of $600 make repairs to Plaintiff's damaged furnishing (and she had purchased $30,000 in coverage). Specifically noted is the walnut antique china cabinet: When it fell over in the warehouse, not only was the Queen Anne leg broken off, the back of the cabinet was knocked loose from the sides. The repair person said the entire china cabinet would have to be taken apart and all the "seams" reglued and that this would take quite a bit of detailed work and time and the $600 for authorized repairs would not cover the time involved and that repair work of that nature wasn't something that he normally performed. Needless to say the china cabinet is now quite unstable, made more so since the replacement roller on the bottom of the broken off leg is not exactly the same size as the others - the cabinet 'wobbles" as it cannot sit evenly on all 4 rollers. Plaintiff was never given a Release of Liability form nor a Satisfaction of Claim to complete regarding her release of any claim against Bekins and would not have done so in light of the "no-insurance" matter, the negligence of Bekins in storing the furnishings which caused the damages and the issues listed in the preceding paragraph. 8. Defendant states a conclusion of law requiring no response, however, it is DENIED. 9. Defendant states a conclusion of law requiring no response, however, it is DENIED. WHEREAS, Plaintiff requests that the Court award Plaintiff damages as averred in the Complaint, costs and pre and post judgment interest. 11_?- &J eet Cecelia W. Cook Plaintiff Contact info until 10/1/06: c/o Vermejo Park Ranch P. O. Drawer E Raton, NM 87740 505/445-3097 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CECELIA W. COOK Plaintiff VS. NO. 06-2038 BEKINS A-L MOVERS DBA ACE MVG/STRG Defendants CERTIFICATE OF SERVICE I, CECELIA W. COOK, do hereby certify that I am the Plaintiff and as such I served a true and correct copy of Plaintiff s Reply to Defendants New Matter with the above-captioned matter, on the 13"day of June, 2006, by United States Mail, fist class, postage prepaid, upon the following: Frederick W. Alcaro, Esq. Counsel for Defendant Bekins A-1 Movers, Inc., doing business as Ace Moving & Storage 590 Rutter Avenue Kingston, PA 18704 Cam; GO Cori Cecelia W. Cook Plaintiff Contact info until 10/1/06: c/o Vermejo Park Ranch P. O. Drawer E Raton, NM 87740 505/445-3097 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CECELIA W. COOK Plaintiff vs. NO. 06-2038 BEKINS A-L MOVERS DBA ACE MVGJSTRG Defendants VERIFICATION I, CECELIA W. COOK, verify that the facts averred in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Cecelia W. Cook Dated: 3 ?? ?) N ??) ? ?? ` ?'? -i r .... L_. ] T. q.. .._.. _...?Y:. - ?( l ' f.? ? ? C17 . ,. , { e 't7 ? ?• rli . '" _.? . N n? ,{ ?2C?lu?, UJ Co?v 0'1580 no IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. & - a 03l?' CIVIL 19 RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO HONORABLE, THE JUDGES OF SAID COURT: ?t - , ?xmnsel-fer-rile plaintiffAlefapAmt in the above action (or actions), respectfully represents that: 1. The above-captioned action (er-,mtions) is {arej at issue. 2. The claim of the plaintiff in the action is $ The counterclaim of the defendant in the action is Pn The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, foregoing petition, Esq., and actions) as prayed for. 19 , in consideration of the Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. co .?. fi : &CL& ()J Cm,? ? c z9s? 9. ?s. Phna, two 13 ?o ?Al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. & - a0e CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO HONORABLE, THE JUDGES OF SAID COURT: `-- , _eel•€44w plaintiffklefeadant in the above action (or actions), respectfully represents that: 1. The above-captioned action (er-actims) is (we) at issue. 2. The claim of the plaintiff in the action is $ 4901 L '-.t The counterclaim of the defendant in the action is 1 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: AAaw?4 uA. 4? _6? V LAI& WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, 6?d" ( (j enX, ORDER OF COURT AND NOW, v , ?9 , in consideration of the foregoing petition, W l? • Esq., Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as pray for. By a Court, P.J. T S J4% CC-- rA- CECELIA W. COOK, PLAINTIFF V. BEKINS A-1 MOVERS, INC., d/b/a ACE MOVING AND STORAGE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-2038 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. William C. Kollas, Esquire, Chairman, shall be paid the sum of $50.00. By the Court, // Edgar VBayle?i, J. William C. Kollas, Esquire 1 Court Administrator :sal ?2s/? LL_ C .' _? C"i CECELIA W. COOK, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW BEKINS A-1 MOVERS, INC., DBA Ace Moving and Storage Defendant No. 06-2038 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter, Settled, Discontinued and Ended with Prejudice. 2o, ??4 - CECELIA W. COOK, Plaintiff P.O. Box 2881 Pawleys Island, South Carolina 29585 DATED: February ?, 2009 s-y _.. r.? ? _ ti Lt:.';Y ?.?, ?? ? Z.a..'+ ` , y _ .. .?° - .,...? ?` -... `.