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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
FORKLIFTS, INC,
NO, 96-6060 1996
Plaintiff,
Civil Action - Law
vs,
SAM ZALMAN GDANSKI
Defendant.
RULE TO SHOW CAUSE
AND NOW, this _ day of
, 1997, upon consideration of Plaintiff's Motion for
Sanctions, a Rule Is entered upon Defendant to show cause, If any he has, why the relief
sought In said Motioll should not be granted,
Rule returnable _ days after service by the Court,
BY THE COURT:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC.
NO. 96-6060 1996
Plaintiff,
Civil Action - Law
vs,
SAM ZALMAN GDANSKI
Defendant.
PLAINTIFF'S MOTION FOR SANCTIONS AGAINST
DEFENDANT SAM ZALMAN GDANSKI
AND NOW, This
day of October, 1997, Plaintiff FORKLIFTS, INC" moves
the Court for a sanction order pursuant to Rule 4019(a)(1)(vll) of the Pennsylvania Rules
of Civil Procedure against Defendant SAM ZALMAN GDANSKI and in support thereof
states as follows:
1, By letter dated March 14, 1997, Forklifts served Defendant with a request for
Production of Documents.
2, On April 28, 1997, Plaintiffs counsel sent Defendant a letter by certified mall,
return receipt requested, as well as by regular first class mall, requesting that Defendant
respond to Plaintiffs Request for Production of Documents,
3, Plaintiffs counsel received no response to Plaintiffs Request for Production
of Documents or Its April 28, 1997 letter,
4, Thereafter, Plaintiff filed a Motion to Compel Defendant to respond to its
Request for Production of Documents on or about June 12, 1997, A copy of the Motion
to Compel is attached hereto as Exhibit "1,"
5, On June 17, 1997, this Court, per the Honorable Kevin A. Hess, entered a
Rule to Show Cause upon Defendant why the Motion to Compel should not be grantedo
6, Defendant failed to file any response to the Motion to Compel, as required
by the Rule and Plaintiff filed a Motion to Make Rule to Show Cause Absolute on or about
July 17, 1997, A copy of the Motion to Make Rule to Show Cause Absolute Is attached
hereto as Exhibit "2,"
7. On July 21, 1997, this Court, per the Honorable Kevin A, Hess, entered an
Order making the Rule to Show Cause Absolute and directing Defendant to provide
complete responses to Plaintiffs Request for Production of Documents within 15 days of
July 21,1997 or suffer the imposition of sanctions,
8, On July 22, 1997, Defendant filed a Request for Extension of Time, A copy
of which Is attached hereto as Exhibit "3,"
9, On July 30, 1997, Plaintiff filed its Answer In Opposition to Defendant's
Request for An Extension of Time to respond to Plaintiffs Request for Production of
Documents, A copy of the Answer Is attached hereto as Exhibit "40"
10. As cf the filing of this Motion for Sanctions, 2 months after this Court's Order
directing production of the requested documents, no documents have been produced by
Defendant.
11, Although Defendant is a lawyer, he has ignored both the process and orders
entered by this Court In this matter and has wilfully attempted to obstruct discovery
necessary for the drafting of a complaint against Defendant.
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12. Plaintiff respectfully suggests that sanctions are appropriate as follows:
a), To direct Defendant to appear to explain why he has failed to observe
the Order of this Court;
b), To pay to Plaintiff the amount of $542.50 which amounts represents
Its reasonable counsel fees in preparing and filing the Motion to Compel, the Answer to
Request for Enlargement of Time and this Motion for Sanctions and $62,04 which amount
represnts the duplication and postage expenses associated with said pleadings; and
c). For such other relief as the Court deems appropriate,
WHEREFORE, Plaintiff FORKLIFTS, INC, respectfully requests this Honorable
Court to grant Its Motion for Sanctions and enter an Order in the form attachedo
McNEES, WALLACE & NURICK
Steph
Attorne 1.0. No, 41285
James P. DeAngelo
Attorney 1.0. No, 62377
100 Pine Street
p, 0, Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff Forklifts, Inc.
Dated: October 9, 1997
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[RTIFICATE OF SERVICE
AND NOW, on this ~ day of October, 1997, I hereby certify that I have served
a true and correct copy of the foregoing document upon the person(s) and in the manner
Indicated below,
Service by Certified Mail, Return Receipt Requested, and First-Class Mail, Postage
Prepaid, on this date addressed as follows:
Sam Zalman Gdanski
Attorney at Law
10 Topaz CI.
Suffern, New York 10901
tephen A. Moore
c.,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PBNNSYLVANIA
FORKLIFTS, INC.,
Plaintiff
v.
Civil Action - Law
SlIM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
PLAINTIFF'S MOTION TO COMPEL
DBFENDANT TO RESPOND TO REOUEST FOR PRODUCTION OF DOCUMENTS
Plaintiff, Forklifts, Inc. (hereinafter "Forklifts"), by and
through its attorneys, McNees, Wallace & Nurick, moves this Court
to order Defendant to answer Plaintiff's Request for Production
of Documents, and in support thereof, state as follows:
1. This action was instituted by the issuance of a Writ of
Summons on Monday, November 4, 1996.
2. The Writ of Summons was served on Defendant on November
8, 1996, and a Proof of Service was subsequently filed with this
Court.
3. By letter dated March 14, 1997, Forklifts served
Defendant with a Request for production of Documents, copies of
which are attached hereto as Exhibit "A".
4. Defendant's response to Forklift's Request for Produc-
tion of Documents was due within 30 days (April 13, 1997).
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5. The above-referenced Request for Production of
Documents seeks information which Forklifts is permitted to
obtain pursuant to the Pennsylvania Rules of civil Procedure.
6. Although Defendant is a lawyer, no objections to the
Request for production of Documents have been made or served by
Defendant.
7. On April 2B, 1997, Plaintiff's counsel sent Defendant a
letter by certified mail, return receipt requested, as well as by
regular first-class mail, requesting that Defendant respond to
Plaintiff's Request for Production of Documents. A copy of said
letter and a copy of the return receipt card are attached hereto
as Exhibit "B".
B. Defendant has made no response to Plaintiff's April 2B,
1997 letter.
9. To date, Defendant has failed to provide any response
whatsoever to the letter of Plaintiff's counselor to the Request
for Production of Documents.
10. The response to the Request for production of Documents
is necessary to complete the investigation of this matter and to
adequately prepare a complaint against Defendant 0
WHEREFORE, it is requested that this Court order Defendant
to respond to Plaintiff's Request for Production of Documents or
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suffer the imposition of sanctions pursuant to Pennsylvania Rule
of Civil Procedure 4019.
McNEES, WALLACE & NURICK
By
A. Moore
Attorn I.D. No. 41285
James P. DeAngelo
Attorney I.d. No. 62377
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Forklifts, Inc.
Dated: June 11, 1997
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC.,
Plaintiff
v.
Civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
PLAINTIFF'S MOTION TO MAKE RULB TO SHOW CAUSE ABSOLUTE
Plaintiff Forklifts, Inc., by their undersigned counsel,
respectfully moves this Court to make absolute the Rule to Show
Cause which was issued in the above-captioned matter on June 17,
1997, and in support thereof states the following:
1. On or about June 11, 1997, Plaintiff Forklifts, Inc.
(-PlaintiffW) filed a Motion to Compel Defendant's Responses to
Plaintiff's Request for Production of Documents ("Motion to
CompelW).
2. On June 17, 1997, this Court issued a Rule on Defendant
Sam Zalman Gdanski (-DefendantW) to show cause why Plaintiff's
Motion to Compel should not be granted, returnable twenty days after
service ("Rule to Show CauseW).
3. By correspondence dated June 18, 1997, counsel for
Plaintiff caused a copy of the Rule to be served on counsel for
Defendant by certified mail, return receipt re~lested. A true and
correct ,copy of the transmittal letter and return receipt card is
attached as Exhibit "A".
4. To date, Defendant has failed to respond to either the
Rule to Show Cause or Plaintiff's Motion to Compel.
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WHEREFORE, Plaintiff requests that this Court make the Rule to
Show Cause absolute and grant the Motion to Compel.
McNEES, WALLACE & NURICK
By
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Step en
Attorne 41285
James P.
Attorney 62377
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Forklifts, Inc.
Dated: July 16, 1997
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORRLIFTS, INC. , .
.
:
plaintiff, .
.
: civil Action - Law
v. .
.
. No. 96-6060 1996
.
SAM ZALMAN GDANSKI, :
.
.
Defendant. .
.
REOUEST FOR AN EXTENSION OF TIME
Defendant respectfully requests an additional thirty days to
respond to plaintiff's request for production of documents.
Defend~nt was involved with the administration of treatment
for his wife, with respect to post operative cancer surgery,
radiation and chemotherapy.
My wife is having further
complications, requiring cat scans, X-Rays, additional work ups,
etc.
Therefore, we respectfully request an additional thirty days
to respond to the outstanding requests.
Dated: July 22, 1997
tfUt"\y su
11 I
am Zalman Gd nski
10 Topaz Court
Suffern, New York 10901
Ph: 1 (914) 368-3200
Fx: 1 (914) 368-3299
copy to:
stephen A. Moore, Esq.
McNees, Wallace & Nurick
100 pine street
P.O. Box 1166
Harrisburg, Pennsylvania 17108-1166
VIA ~IRST CLASS HAIL 07/22/97
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regular first class mail, requesting that Defendant respond to
Plaintiff's Request for Production of Documents.
5. Defendant never made any response to Plaintiff's letter
of April 28, 1997.
6. As a result, on or about June 11, 1997, Plaintiff filed
a Motion to Compel Defendant's Responses to Plaintiff's Request
for Production of Documents ("Motion to Compel").
7. On June 17, 1997, this Court issued a Rule on Defendant
to Show Cause Why Plaintiff's Motion to Compel should not be
granted returnable 20 days after service ("Rule to Show Cause").
8. By correspondence dated June 18, 1997, counsel for
Plaintiff caused a copy of the Rule to be served on Defendant by
Certified Mail, Return Receipt Requested.
9. Plaintiff failed to respond to either the Rule to Show
Cause or Plaintiff's Motion to Compel within the 20 day period
for response.
10. On July 17, 1997, Plaintiff filed a Motion to Make Rule
to Show Cause Absolute and the Court entered an Order on July 21,
1997, a copy of which is attached hereto as Exhibit "A" making
said Rule absolute and granting Plaintiff's Motion to Compel.
The Order further required Defendant to provide complete respons-
es to Plaintiff's Request for Production of Documents within 15
days of the date of the Order.
11. On July 28, 1997, Plaintiff received a Request for
Extension of Time which was dated July ~2, 1997, but was con-
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tained in an envelope postmarked July 24, 19970 A copy of the
Request is attached hereto as Exhibit "B".
12. Plaintiff opposes the requested extension of time for
the following reasons:
A. Plaintiff's Request for production of Documents
were due on April 14, 1997 and are st:!,ll outstanding.
B. Defendant has never requested an enlargement of
time in which to respond to the Request for production or lodged
any objections thereto.
C. Plaintiff served the Request for Production of
Documents in order to engage in pre-pleading discovery for the
purpose of drafting a Complaint against Defendant.
D. Plaintiff has already had in excess of four months
to respond to Plaintiff's Request for production of Documents.
E. Attached hereto as Exhibit "C" is a copy of a
letter dated November 4, 1996 indicating that Defendant had
already gathered files relative to his representation of the
Plaintiff. He further indicates in that letter that his wife had
or was about to complete any chemotherapy treatment nine months
ago.
F. Plaintiff's counsel had previously requested
coples of Defendant's file regarding his representation of
Plaintiff by letter dated SepLember 24, 1996.
G. Defendant has had more than ample opportunity to
respond to the Request for production of Documents.
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WHEREFORE, Plaintiff Forklifts, Inc. respectfully requests
this Honorable Court to deny Defendant's Request for Extension of
Time.
McNEES, WALLACE & NURICK
By-d -!(J:e"l/~
At~~A~.D. No. 41285
James P. DeAngelo
Attorney I.D. No. 62377
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff
Forklifts, Inc.
Dated: July 28, 1997
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CERTIPICATE OP SERVICE
AND NOW, on this 28th day of July, 1997, I hereby certify
that I have served a true and correct copy of the foregoing
Answer in Opposition upon the persons and in the manner indicated
below.
Service by First-Class Mail, Poatage Prepaid, on this date
addressed as follows:
Sam Zalman Gdanski
Attorney at Law
10 Topaz Ct.
Suffern, New York 10901
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J)JUL 1 8 1997
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IN THB COURT OF COMMON PLBAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
FORKLIFTS, INC.,
Plaintiff
v.
Civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
AND NOW, this
ORDER
:l J~ day of
1997, upon
to Show Cause
~
Make Rule
consideration of Plaintiff's Motion to
Absolute, it is hereby ORDERED that the Rule which was issued on
Defendant Sam Zalman Gdanski in the above-captioned matter on June
20, 1997, to show cause why Plaintiff Forklifts, Inc.'s Motion to
Compel Defendant's Responses to Plaintiff's Request for Production
of Documents should not be granted, is made absolute and Plaintiff's
Motion to Compel is granted.
Defendant Sam Zalman Gdanski is
directed to provide complete responses to Plaintiff's Request for
Production of Documents within fifteen (15) days of the date of this
Order, or suffer the imposition of sanctions pursuant to Pa.R.Civ.p.
4019.
By the Court:
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IN THB COURT OJ' COMMON PLEAS
CUMBBRLAND COUNTY, PENNSYLVANIA
No. 1(".. fr,O(cf)1996
Civil Action - Law
FORKLIFTS, INC.
3925 Trindle Road
Camp Hill, PA 17011-4283
Plaintiff
versus
SAM ZALMAN GDANSKI
10 Topaz Court
Suffern, New York 10901
Defendant
PRAECIPB J'OR WRIT OJ' SUMMONS
TO THB PROTHONOTARY OJ' SAID COURT I
Please issue a Writ of Summons in the above-captioned action.
Supreme Court I.D. No. 41285
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-X- Writ of Summons shall be issued and forwarded to Attorney.
Stephen A. Moore, Esquire
McNees, Wallace & Nurick
100 pine Street
Harrisburg, PA 17108
(717) 237-5307
Date: November 4, 1996
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT:
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YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAINST YOU.
KI\019\Ol099\PRAECIPE,SUH
Date: November~, 1996
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office evidencing service on the Defendant is dated December 3,
1996 and is attached hereto as Exhibit "CO.
McNEES,
By
17108-1166
----
Dated: December~, 1996
Attorneys for plaintiff
Forklifts, Inc.
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~UN 1 S 1997
IN THE COURT OF COMMON PLEAS
CUMBBRLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC.,
Plaintiff
v.
civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
RULE TO SHOW CAUSE
AND NOW, this l1~ay of ~._._ , 1997, upon consideration of
Plaintiff's Motion to Compel Defendant to respond to Plaintiff's
Request f.or Production of Documents, a Rule is entered upon
Defendant to show cause, if any he has, why the relief sought in
said Motion should not be granted.
Rule returnable
day or
, 1339,
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BY THE COURT:
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CUi,\:\~h..":.>J CCUN1Y
Fr.1'il ::..:t~\'/.~\r\
F\lEn-orACE
OF n'~ f:r''"\l\-,!';~::WRY
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IN TKJ COURT OJ' COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC.,
Plaintiff
v.
civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
ORDER
AND NOW, this
day of
, 1997, upon consideration of
Plaintiff's Motion to Compel Defendant to Respond to Plaintiff's
Request for production of Documents, it is hereby ORDERED that
Plaintiff's Motion to Compel is Granted, and Defendant is ordered
to respond to Plaintiff's Request for Production of Documents
within
days or suffer the imposition of sanctions pursuant to
Pennsylvania Rule of civil Procedure 4019.
BY THE COURT:
J.
5. The above-referenced Request for Production of
Documents seeks information which Forklifts is permitted to
obtain pursuant to the Pennsylvania Rules of civil Procedure.
6. Although Defendant is a lawyer, no objections to the
Request for Production of Documents have been made or served by
Defendant.
7. On April 28, 1997, Plaintiff's counsel sent Defendant a
letter by certified mail, return receipt requested, as well as by
regular first-class mail, requesting that Defendant respond to
Plaintiff's Request for Production of Documents. A copy of said
letter and a copy of the return receipt card are attached hereto
as Exhibit "B".
8. Defendant has made no response to Plaintiff's April 28,
1997 letter.
9. To date, Defendant has failed to provide any response
whatsoever to the letter of Plaintiff's counselor to the Request
for production of Documents.
10. The response to the Request for production of Documents
is necessary to complete the investigation of this matter and to
adequately prepare a complaint against Defendant.
WHEREFORE, it is requested that this Court order Defendant
to respond to Plaintiff's Request for Production of Documents or
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McNEES, WALLACE & NURICK
ATTORNE:YS AT LAW
FILE COpy
100 PINE STREET
p, o. BOX lIee
HARRISBURG, PA 17108.11118
TII.I'HOHI17171232.8000 F',u, 17171 237.5300
11000 STREE.T N.W.
SUITE 800
WASHINGTON, O,C, 2000S
TCLI'HONI12021434.eaal "A)(12021434.8707
http://wwW.mwn.com
STBPHaN A. MOORK
DI..CT DIALI (717) Q01'DGO?
E.MAIL. ADD....' INOO..eMW".CON
March 14, 1997
Sam Zalman Odanski
Attorney at Law
10 Topaz Ct,
Suffern, New York 10901
Re: Forklifts, [nc, v, Odanski
C.P. Cumberland No. 96-6060 1996
Dear Mr. Odanski:
Enclosed and served upon you please find Plaintiff's Request for Production of
Documents - First Set. Pursuant to the Pennsylvania Rules of Civil Procedure, you have 30
nays from the date of the request to serve your responses thereto.
Very truly yours,
McNEES, WALLACE & NURlCK
By
SAM/men
Enclosure
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IN THE COURT OJ' COMMON PLEAS
CUMBBRLAND COUNTy, PENNSYLVANIA
FORKLIFTS, INC.,
Plaintiff
v.
civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
PLAINTIFF'S J'IRBT SET OJ' RBQUEST FOR PRODUCTION OF
DOCUMENTS DIRECTBD TO DEJ'ENDANT
PLEASE TAKE NOTICE that you are hereby requested to produce
for inspection and copying, pursuant to Rules 4003.1 through
4003.5 and 4009 of the Pennsylvania Rules of Civil Procedure, at
the offices of McNees, Wallace & Nurick, or at such other loca-
tion as may be mutually agreed upon by counsel for the parties,
not later than thirty (30) days after service of these requests,
the classes of documents enumerated below.
DIRECTIONS AND INSTRUCTIONS
(A) Whenever the term "document" is used herein, it in-
cludes (whether or not specifically called for) all printed,
typewritten, handwritten, graphic or recorded matter, however
produced or reproduced and however formal or informal.
(B) If you claim that the subject matter of a document is
privileged you shall identify such document and shall state each
ground on which you claim that such document or oral communica-
tion is privileged.
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CBRTIJ'ICATB OJ' SERVICE
AND NOW, on this 14th day of March, 1997, I hereby certify
that I have served a true and correct copy of the foregoing
Request for Production of Documents upon the persons and in the
manner indicated below.
Service by United States First-Class mail, postage pre-paid,
on this date addressed as follows:
Sam Zalman Gdanski
Attorney at Law
10 Topaz Ct.
Suffern, New York 10901
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S ephen . Moore
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McNEES, WALLACE & NURICK
ATTORNE:YS AT l.AW
100 PINE STREeT
P. O. BOX lIee
HARRISBURG, PA 17106.llee
TutPHON11717123z.eooo FAX 17111231.5300
IZOO G STRtET N. W
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WASHINGTON, o,e, 2000~
Tt1.l:PMONt12021434,8991 r,AI,120214J4.B707
hup://wwW.mwn.com
ST1~rIlHN A. Moonr;
DIHICT D1ALI 17171 gU7'~007
E+tAIL ^DDAual .MOORlEflwwtf.l;OH
CERTIFIED MAIL. RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
April 28, 1997
Sam Zalman Gdanski
Attorney at Law
10 Topaz Ct.
Suffern, New York 10901
Re: Forklifts, Ine, v, Gdanski
C,P, Cumberland No. 96-6060 1996
Dear Mr. Gdanski:
On March 14, 1997, I forwarded Plaintiffs Request for Production of Documents -
First Set. A copy of that Request is enclosed for your ease of reference, Pursuant to the
Pennsylvania Rules of Civil Procedure, you had 30 days from the date of the request to serve
your responses thereto, Even allowing for the vagaries of mailing, we should have r~ceived
some response from you, Accordingly, this will serve as notice to you that unless we receive
a response to the request for production within 10 days of the date of this letter, we will move
the Court of Common Pleas of Cumberland County to compel a response,
Very truly yours,
McNEES. WALLACE & NURICK
By /
,./ Stephen
Moore
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SAM/mea
Enclosure
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC"
plaintiff,
civil Action - Law
v,
No. 96-6060 1996
SAM ZALMAN GDANSKI,
Defendant,
OPPOSITION TO PLAINTIFF'S MOTION
TO COMPEL DEFENDANT TO RESPOND
TO PLAINTIFF'S REOUEST FOR PRODUCTION
OF DOCUMENTS
Defendant will respond within thirty day.
Defendant was involved with the administration of treatment
for his wife, with respect to post operative cancer surgery,
radiation and chemotherapy,
Therefore, we raspectfully request an additional thirty days
to respond to the outstanding requests,
Dated: June 20, 1997
Zalman danski
10 Topaz Court
Suffern, New York 10901
Ph: 1 (914) 368-3200
, Fx: 1 (914) 368-3299
copy to:
Stephen A, Moore, Esq,
McNees, Wallace & Nurick
100 pine Street
P,O, Box 1166
Harrisburg, Pennsylvania 17108-1166
VIA rIRST CLASS MAIL 06/20/97
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC"
Plaintiff,
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SAM ZALMAN GDANSKI,
Defendant,
OPPOSITION TO PLAINTIFF'S MOTION
TO COMPEL DEFENDANT TO RESPOND
TO PLAINTIFF'S REOUEST FOR PRODUCTION
OF DOCUMENTS
Defendant will respond within thirty day.
Defendant was involved with the administration of treatment
for his wife, with respect to post operative cancer surgery,
radiation and chemotherapy,
Therefore, we respectfully request an additional thirty days
to respond to the outstanding requests.
Dated: June 20, 1997
Sa a~~Gd ns i
10 Topaz Court
Suffern, New York 10901
Ph: 1 (914) 368-3200
Fx: 1 (914) 368-3299
Copy to:
Stephen A, Moore, Esq,
McNees, Wallace & Nurick
100 pine Street
P,O, Box 1166
Harrisburg, Pennsylvania 17108-1166
VIA PIRST CLASS MAIL 06/20/97
-', '~'?':~""'v.
IN TUB COURT OJ' COMMON PLBAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
-
FORKLIFTS, INC.,
Plaintiff
v.
Civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
AND NOW, this
ORDBR
.U " day of
1'7
1997, upon
consideration of Plaintiff's Motion to Make Rule to Show Cause
Absolute, it is hereby ORDERED that the Rule which was issued on
Defendant Sam Zalman Gdanski in the above-captioned matter on June
20, 1997, to show cause why Plaintiff Forklifts, Inc.'s Motion to
Compel Defendant's Responses to Plaintiff's Request for production
of Documents should not be granted, is made absolute and Plaintiff's
Motion to Compel is granted,
Defendant Sam Zalman Gdanski is
directed to provide complete responses to Plaintiff's Request for
production of Documents within fifteen (15) days of the date of this
Order, or suffer the imposition of sanctions pursuant to Pa.R.Civ.P.
4019.
By the
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC.,
Plaintiff
v.
Civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
PLAINTIPJ"~ MOTION TO MAKB RULB TO SHOW CAUSB ABSOLUTB
Plaintiff Forklifts, Inc., by their undersigned counsel,
respectfully moves this Court to make absolute the Rule to Show
Cause which was issued in the above-captioned matter on June 17,
1997, and in support thereof states the following:
1. On or about June 11, 1997, Plaintiff Forklifts, Inc.
("Plaintiff") filed a Motion to Compel Defendant's Responses to
Plaintiff's Request for Production of Documents ("Motion to
Compel") .
2. On June 17, 1997, this Court issued a Rule on Defendant
Sam Zalman Gdanski ("Defendant") to show cause why Plaintiff's
Motion to Compel should not be granted, returnable twenty days after
service ("Rule to Show Cause") .
3. By correspondence dated June 18, 1997, counsel for
Plaintiff caused a copy of the Rule to be served on counsel for
Defendant by certified mail, return receipt requested. A true and
correct copy of the transmittal letter and return receipt card is
attached as Exhibit "A".
4. To date, Defendant has failed to respond to either the
Rule to Show Cause or Plaintiff's Motion to Compel.
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MCNEES, WALLACE & NURICK
ATTORNEYS AT LAW
100 PINE STREE T
P. 0. BOX II..
H...RRISBURG, ,.... 1710.,"..
TILI'HOJrfI17l712J'.JOOO 'AI( 17111 23"'15300
"000 STREET N,W,
SUITE .00
W"'SHINOTON,o,e, '000.
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ST..H.., A. MOOR.
D...aT DI-'Ll 17171 IIQf.aOO?
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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
June 18, 1997
Sam Zalman Odanskl
Attorney at Law
10 Topaz Cl.
Suffern, New York 10901
Re: Forklifts, Inc. v, Odanski
C,P. Cumberland No. 96-6060 1996
Dear Mr. Odanski:
.
Enclosed and served upon you please find a Rule to Show Cause issued by the Court
regarding Plaintiff's Motion to Compel Defendant to respond to Plaintiff's Request for
Production of Documents.
Very truly yours,
,
SAM/mea
Enclosure
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC"
plaintiff,
Civil Action - Law
v,
No, 96-6060 1996
sAM ZALMAN GDANSKI,
Defendant,
REOUEST FOR AN EXTENSION OF TIME
Defendant respectfully requests an additional thirty days to
respond to plaintiff's request for production of documents.
Defendant was involved with the administration of treatment
for his wife, with respect to post operative cancer surgery,
radiation and chemotherapy,
My wif.e is having further
complications, requiring cat scans, X-Rays, additional work ups,
etc,
Therefore, we respectfully request an additional thirty days
to respond to the outstanding requests.
Dated: July 22, 1997
S m Zalman Gd
10 Topaz Court
Suffern, New York 10901
Ph: 1 (914) 368-3200
Fx: 1 (914) 368-3299
copy to:
stephen A. Moore, Esq.
McNees, Wallace & Nurick
100 pine street
P,O, Box 1166
Harrisburg, pennsylvania 17108-1166
YI~ J'IRST CL~SS MAIL 07/22/97
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FORKLIFTS, INC.,
Plaintiff
v.
Civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
PLAINTIJ'J"S ANSWER IN OPPOSITION
TO DEJ'ENDANT'S REQUEST J'OR AN EXTENSION OF TIME TO RBSPOND
TO PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS
Plaintiff, Forklifts, Inc. (hereinafter "Forklifts"), by and
through its attorneys, McNees, Wallace & Nurick, respectfully
moves this Court to deny Defendant's Request for Extension of
Time and in opposition to said Request for Extension of Time,
states the following:
1. By letter dated March 14, 1997, Forklifts served
Defendant with a Request for Production of Documents.
2. Defendant's Response to Forklift's Request for Produc-
tion of Documents was due within 30 days (April 14, 1997).
3. Although Defendant is a lawyer, no objections to the
Request for Production of Documents were made or served by
Defendant.
4. On April 28, 1997, Plaintiff's counsel sent Defendant a
letter by Certified Mail, Return Receipt Requested, as well as by
regular first class mail, requesting that Defendant respond to
Plaintiff's Request for Production of Documents.
5. Defendant never made any resp'onse to Plaintiff's letter
of April 28, 1997.
6. As a result, on or about June 11, 1997, Plaintiff filed
a Motion to Compel Defendant's Responses to Plaintiff's Request
for production of Documents ("Motion to Compel").
7. On June 17, 1997, this Court issued a Rule on Defendant
to Show Cause Why Plaintiff's Motion to Compel should not be
granted returnable 20 days after service ("Rule to Show Cause") .
8. By correspondence dated June 18, 1997, counsel for
plaintiff caused a copy of the Rule to be served on Defendant by
Certified Mail, Return Receipt Requested.
9. Plaintiff failed to respond to either the Rule to Show
Cause or Plaintiff's Motion to Compel within the 20 day period
for response.
10, On July 17, 1997, Plaintiff filed a Motion to Make Rule
to Show Cause Absolute and the Court entered an Order on July 21,
1997, a copy of which is attached hereto as Exhibit "A" making
said Rule absolute and granting Plaintiff's Motion to Compel.
The Order further required Defendant to provide complete respons-
es to Plaintiff's Request for production of Documents within 15
days of the date of the Order,
11. On July 28, 1997, Plaintiff received a Request for
Extension of Time which was dated July 22, 1997, but was con-
- 2 -
tained in an envelope postmarked July 24, 1997. A copy of the
Request is attached hereto as Exhibit "B".
12. Plaintiff opposes the requested extension of time for
the following reasons:
A. Plaintiff's Request for Production of Documents
werE' due on April 14, 1997 and are still outstanding.
B. Defendant has never requested an enlargement of
time in which to respond to the Request for Production or lodged
any objections thereto.
C. Plaintiff served the Request for production of
Documents in order to engage in pre-pleading discovery for the
purpose of drafting a Complaint against Defendant.
D. Plaintiff has already had in excess of four months
to respond to Plaintiff's Request for Production of Documents.
E. Attached hereto as Exhibit "C" is a copy of a
letter dated November 4, 1996 indicating that Defendant had
already gathered files relative to his representation of the
Plaintiff. He further indicates in that letter that his wife had
or was about to complete any chemotherapy treatment nine months
ago.
F. Plaintiff's counsel had previously requested
copies of Defendant's file regarding his representation of
Plaintiff by letter dated September 24, 1996.
G. Defendant has had more than ample opportunity to
respond to the Request for production of Documents.
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FORKLIFTS, INC.,
Plaintiff
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v.
civil Action - Law
SAM ZALMAN GDANSKI,
Defendant
No. 96-6060 1996
PLAINTIJ'J"S MOTION TO MAJeB RULB TO SHOW CAUSB ABSOLUTB
Plaintiff Forklifts, Inc., by their undersigned counsel,
respectfully moves this Court to make absolute the Rule to Show
Cause which was issued in the above-captioned matter on June 17,
1997, and in support thereof states the following:
1. On or about June 11, 1997, Plaintiff Forklifts, Inc.
(~Plaintiff") filed a Motion to Compel Defendant's Responses to
Plaintiff's Request for production of Documents (~Motion to
Compel") .
2. On June 17, 1997, this Court issued a Rule on Defendant
Sam Zalman Gdanski ("Defendant") to show cause why Plaintiff's
Motion to Compel should not be granted, returnable twenty days after
service ("Rule to Show Cause") .
3. By correspondence dated June 18, 1997, counsel for
Plaintiff caused a copy of the Rule to be served on counsel for
Defendant by certified mail, return receipt requested. A true and
correct ,copy of the transmittal letter and return receipt card is
attached as Exhibit "A".
4. To date, Defendant has failed to respond to either the
Rule to Show Cause or Plaintiff's Motion to Compel,
,
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McNEES, WALLACE & NURICK
ATTORNEYS AT LAW
100 PINE STREET
p, 0. sox II..
HARRISBURG, PA 1710..11..
TUIOHONlI717113I-tlOOO ,..17171137-1300
-
11000 ITREET N,W,
IUllE .00
WASHINGTON. D,C, 1000.
TILIO.0..1I011434-1881 ,..11011434 ,1707
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ST.PH." A, Hooll.
D...OT DIALI 17.71 107.11007
8-)fAII. ADD....' .NOO..e"WII.GON
CERTIFIED MAIL. RETURN RECEIPT REQUESTED
AND FIRST.CLASS MAIL
June 18, 1997
Sam Zalman Odanskl
Attorney at Law
10 Topaz Ct.
Suffern, New York 10901
Rc: Forklifts, Inc. v. Odanskl
C.P. Cumberland No. 96-6060 1996
Dear Mr. Odanskl:
Enclosed and served upon you please find a Rule to Show Cause Issued by the Court
regarding Plaintiff's Motion to Compel Defendant to respond to Plaintiff's Request for
Production of Documents,
.
,
Very truly yours,
,
SAM/mca
Enclosure
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FOR1<LIFTS, INC"
Plaintiff,
civil Action - Law
No. 96-6060 1996
v,
SAM ZALMAN GDANSKI,
Defendant,
REOUEST FOR AN EXTENSION OF TIME
Defendant respectfully requests an additional thirty days to
respond to plaintiff'& request for production of documents,
Defendant was involved with the administration of treatment
for his wife, with respect to post operative cancer surgery,
radiation and chemotherapy.
My wife is having further
complications, requiring cat scans, X-Rays, additional work ups,
etc,
Therefore, we respectfully request an additional thirty days
to respond to the outstanding requests.
Dated: July 22, 1997
tfUt\y su
1'1 I
am Zalman Gd nski
10 Topaz Court
Suffern, New York 10901
Ph: 1 (914) 368-3200
Fx: 1 (914) 368-3299
copy to:
Stephen A. Moore, Esq,
McNees, Wallace & Nurick
100 pine Street
P.O, Box 1166
Harrisburg, Pennsylvania 17108-1166
VIA FIRST CLASS MAIL 07/22/97
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Sam Zalman Gdanski
Marney et Law
10 Topez Ct.
Suffern, New York 10901
Telephone
914.368.3200
Fax
914.368.3299
AdlT\ltted
W,eshlngton, D,C,
November 4, 1996
VIA PIRST CLASS MAIL
Fx: 1 (717) 237-5300
Ph: 1 (717) 232-8000
Stephen A, Moore, Esq.
McNees, Wallace & Nurick
100 pine street
P,O, BOlC 1166
Harrisburg, Pennsylvania 17108-1166
Re: Forklifts, Inc,
Navy Building 108 Project DLA-410-87-C-0010
Dear Sir:
I have pulled the files and have some of them in my I
possession. I am double checking to make sure it is the entire
file relating to Forklifts, since the matter goes back some years,
I am slightly delayed because my wife just finished her last round
of chemotherapy, after her post rectal/colon cancer surgery,
together with radiation, It is the last week, and the cumulative
effect of the radiation and chemotherapy, has taken me out of the
office a bit. As soon as I review the file, I will get back to
you,
SZG/
"''-',''';'
CERTIFICATE OF SERVICm
AND NOW, on this 28th day of July, 1997, I hereby certify
that I have served a true and correct copy of the foregoing
Answer in Opposition upon the persons and in the manner indicated
below.
Service by First-Class Mail, Postage prepaid, on this date
addressed as follows:
Sam Zalman Gdanski
Attorney at Law
10 Topaz Ct.
Suffern, New York 10901
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FORKLIFTS, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-6060 CIVIL TERM
V
SAM ZALMAN GDANSKI,
Defendant
IN RE: PLAINTIFF'S MOTION FOR SANCTIONS
ORDER OF COURT
AND NOW, this 30th day of October, 1997, the
defendant is ordered and directed to respond to the plaintiff's
outstanding request for production of documents within fifteen
days of service of this order. The defendant is ordered and
directed to pay counsel fees to the plaintiff in the amount of
$600.00.
By the
Court, L
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Stephen A, Moore, Esquire
For the Plaintiff
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Sam Zalman Gdanski, Esquire
10 Topaz Court
Suffern, New York 10901
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