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ROBERT D. KLINE,
Plaintiff
30
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
:
EAT'N PARK RESTAURANTS,
Defendant
NO. 97-4140 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held Wednesday, June 17,
1998, before the Honorable Edward E. Guido, Judge. Present for
the Defendant was C. Kent Price, Esquire, because Mr. Geduldig
had a scheduling conflict, and the plaintiff appeared pro se.
This is a claim for damages arising from an alleged
ingestion of a foreign substance by the Plaintiff which was in
his food at the Eat'N Park Restaurant on two separate incidents.
The Defendant is claiming reimbursement for the cost of the meal
in the one incident and is claiming pain and suffering, loss of
enjoyment of life, and other unliquidated damages in the second
incident.
It appears to the Court that this is a case
appropriate for arbitration, and it is ordered that this matter
be sent to arbitration.
The plaintiff has offered to settle this matter for
$400.00 in cash payable to him or $600.00 in cash payable to the
McClure Little League. The Court feels that this offer is very
reasonable and the Defendant should seriously consider ending
this litigation.
The defense has filed a motion for sanctions which the
Court will take under advisement. The parties are directed to
advise the Court within seven days of today's date as to the
status of settlement negotiations. If the case is settled by
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#28 OLER
ROBERT D. KLINE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
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v.
: CIVIL ACTION - LAW
.
.
EAT'N PARK RESTAURANTS, INC.,:
Defendant : 97-4140 CIVIL TERM
PRE-TRIAL CONFERENCE
A pre-trial conference was held in the chambers
of Judge Oler on Wednesday, April 29, 1998. Present on behalf
of the Defendants was Stephen E. Geduldig, Esquire. The
Plaintiff, who is pro se, did not appear for the pre-trial
conference, and did not submit a pre-trial memorandum.
This is a products liability case arising out of
the Plaintiff's alleged discovery of foreign material in food he
had been served at Defendant's restaurant in Beaver County,
Pennsylvania on January 23, 1997, and on May 4, 1997.
Damages in the amount of $10.50 (presumably the
cost of the meal) are claimed for breach of the warranty of
merchantability and negligence in the first incident, where no
ingestion of the material i8 apparently alleged. Unliquidated
damages in excess of $25,000.00 are claimed for breach of the
warranty of merchantability and negligence in the second
incident, where ingestion of the material is averred in the
complaint.
This will be a jury trial in which each side
will have four pere.ptory challenges for a total of eight.
The
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COUNT I
Roben D Kline vEnt 'N Park Restaurants
Violation of the lJnifonn Commercial Code Section 2.)14
6, PlaintilT hereby incorporates Paragraphs (I) through (5) of his Compla;nt as
though each paragraph were set fonh fully herein.
7, On or about January 23, 1997, PlaintilTvisited Defendant's restaurant to eat a
meal and was served same.
8. PlaintilT noticed hair in his food in the course of eating that was not his oMl.
since it was a dilTerent color and. as a result thereof, set the food aside and ate the dessert
instead,
9. PlaintilT paid his bill to the cashier and infonned the cashier that there was
hair in the food and the cashier took no action other than to take the money and say sorry
and thank you.
10. PlaintilTbelieves and. therefore, avers that the food described in Count I was
unmerchantable and. thus. Defendant has violated the Unifonn Commercial Code.
Section 2-314 and further the PlaintilThas been damaged as he was unable to eat all of
the food he paid for.
WHEREFORE, PlaintilT prays for judgment against Defendant r:at 'N Park
Restaurants Inc. in the amount often Dollars and Filly Cents ($IO.SO)as well of costs of
this suit.
COUNT II
Raben D Kline v Eat'N Park Restaurants
Nq:Ii~'CI\t Food Service
II. PlaintilT hereby incorporates Paragraphs ( I I through (WI of his Complaint as
thouah each paraaraph were set forth fully herem
12. On or about January 23, 1997,l'laintiffvisited Defendant's restaurant to eat a
meal and was served samc.
13. I'laintiff notiecd hair in his food in thc course of eating that was not his own
since it was a different color and, as a rcsultthercof, set the food aside and ate the dessert
instead.
14. Plaintiff paid his bill to the cashier and inlonned thc cashier that there was
hair in the food. The cashier took no action other than to take the money and say sorry
and thank you,
IS. Plaintiff believes and,therefore, avers that the food described in Count II was
negligently prepared. handled or stored and, thus, was unfit to be served in a public
restaurant. As a result of the Defendant's neglib'Cnce in food service the PlaintilT has
been damaged in that he was unable to eat all of his food that he paid for.
WHEREFORE, PlaintilT prays for judgment against Defendant F.at 'N Park
Restaurants Inc. in the amount ofTen Dollars and Fifty Cents (S 10,50) as well of costs of
this suit.
COUNT III
Robert 0 Kline v Eat'N Park Restaurants
Violation of the Unifonn Commercial Code Section 2-314
16, PlaintilThereby incorporates Paragraphs (I) through (IS) of his Complaint as
though each paragraph were set forth fully herein,
17. On or about May 4, 1997, PlaintilT visited Defendant's restaurant to purchase
food for consumption on the premises.
18. PlaintilT, whilc eating food served from the breakfast bar, owned and
operated by the Defendant. ingested some fonn of unknown fibrous foreign material that
was embedded in his food.
19. Plaintiff gagged as a result of said fibrous foreib'1l material and, therefore,
immediately notified the waitress who scnt Mr. Nick Wells, an employee/servant/agent
of the Defendant, to investigate.
20. Mr. Nick Wells, knowing that the Defendant has liability in an incident such
as this, attempted to investigate and Plaintiff answered his questions as well as showed
him the foreign material that was in the food.
21. Plaintiff believes and, therefore, avers that the food described in Count III
was unmerchantable and, thus, was in violation of the Uniform Commercial Code,
Section 2-314.
22. Plaintiff alleges that he was sick soon after leaving the Defendant's
establishment as a direct consequence of the Defendant's unmerchantable food
23. Plaintiff further alleges that individually and collectively the effects of the
Defendant's violations herein alleged has since caused psychological trauma which has
made it impossible to eat in the Defendant's restaurant and funher has, as a direct
consequence, made it psychologically difficult to eat in any restaurant. As a result of the
aforementioned the Plaintiff has been unable to enjoy meals in restaurants and is
hindered by this and. thus, damaged.
24. Plaintiff avers that his employment situation and conditions are such that the
Defendant's restaurant is the only restaurant wherc PlaintifT is able to eat prior to going to
work between the hours of 10:00 PM and 6:00 AM.
25. Plaintiff alleges that he is specially damab'Cd as a direct result of Defendant's
individual and collective violations oflbe Uniform Commercial Code. Section 2-314 on
the dates referenced herein and is. thus, without a restaurant to eat in prior to going to
work between the hours of 10:00 PM and 6:00 AM.
WHEREFORE, Plaintiff prays for judgment against Defendant F.at 'N Park
Restaurants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars,
exclusive of interest and costs, and in excess of any jurisdictional amount requiring
compulsory arbitration. Also. Plaintiffdcmands the costs of this suit.
COUNT IV
Roben D Kline v F~t 'N Park Restaurants
Nel:lillent Food Servicc
26. Plaintiff hereby incorporates Paragraphs ( I) through (25) of his Complaint as
though each paragraph were set fonh fully herein.
27. On or about May 4, 1997, Plaintiff visited Defendant's restaurant to purchase
food for consumption on the premises.
28. Plaintiff, while eating food served from the breakfast bar owned and operated
by the Defendant, ingested some form of unkno\\n fibrous foreign material embedded in
the food.
29. Plaintiff gagged as a result of said fibrous foreign material and. therefore,
immediately notified the waitresS who sent Mr. Nick Wells, an employee/servant/agent
of the Defendant, to investigate.
30. Mr. Nick Wells. knowing that the Defendant may have strict liability in an
incident such as this, attempted to investigate and Plaintiff answered his questions as
well as showed him the foreib'1l material that was in the food.
31. Plaintiff believes and. therefore, avers that the food described in Count IV
was negligently prepared and served and, thus, was unfit to be offered in a public
restaurant.
32. Plaintiff alleges that he was sick soon after leaving the Defendants
establishment as a direct consequem:e of the Defendant's negligent food service.
33 Plaintiff funher alleges that. individually and collectively, the effects of the
Defendant's negligence herein alleged has since caused psychological trauma which
made it impos.~ible to cat in the Defendant's restaurant and has. thus, as a direct
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: IN THE COURT OF COMMON PLEAS
: CUMBERlAND COUNTY, PENNSYLVANIA
NO. 97-4140
CIVIL ACTION - LAW
ROBERT D. KLINE,
v.
EArN PARK RESTAURANTS, INC.,
Defendant
~ECI~OR ENTRY OF APPEA~
TO THE PROTHONOTARY:
Please enter lhe appearance of Stephen E. Geduldig, Esquire, and Thomas,
Thomas & Hafer, as attomeys for Defendant, Eat'n Park Restaurants, Inc. in the above
matter, reserving our right to answer or otherwise plead to Plaintiffs Complaint.
THOMAS, THOMAS & HAFER
~~"n
I.D. No. 43530
305 N. Front Street
P.O. Box 999
Harrisburg, PA 1710S-0999
(717) 237.7119
Attorneys for Defendant,
Eat'n Park Restaurllnts, Inc.
Dated: September 4, 1997
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39. Count III of PI3il1lirrs Compl:lInt fails to state a cause of action.
40. Count IV of Plnintirrs Comphint fails to state a cause of action.
41. Plaintiff may have been cOI1lDaratively negligent and/or assumed the risk.
42. Plaintiff may have sustained 110 injury or damage or, diminimus injury and
damage, for which he is entitled to no compensation.
43. Plaintiff m<lY h,,'.\~ bi!ed to 11 :tigate his injuries or damages, if any.
44. Plaintiff sought no medical h~atmel1t after any of the incidents alleged in
the Complaint.
45. No act or om,ss,on on Ih" part of answering Defendant caused or
contributed to any of Plainliffs alleged inpies or damages.
WHEREFORE, Defondant Earn Park Reslaurants, respectfully requests that
judgment be entered in its f,lVor and against the Plaintiff.
8"
tephen E. Geduld'
W. No, 43530
305 N. Front Street
P C) Box 999
H,misburg, PA 17108-0999
(717) 237-7119
l\l:llrn.:lYS for Defendant,
E:1t'n Park Restaurants
Dated: September 15. 1997
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ROBERT D. KLINE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
,
,
EAT 'NPARK
RESTAURANTS, INC.,
Defendant
NO. 97-4140 CIVIL TERM
ORDER OF COURT
AND NOW, this ~.cl day of April, 1998, upon consideration of
Plaintiff's Motion To Compel Answer to Interrogatories Addressed to
Defendant, a Rule is hereby issued upon Defendant to show cause why
the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Robert D. Kline, Esq.
R.R. 2, Box 2080
McClure, PA 17841
Plaintiff, Pro Se
Stephen E. Geduldig, Esq.
305 North Front Street
Sixth Floor
P.O. Box 999
Harrisburg, PA 17108
Attorney for Defendant
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PLAINTIFF
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IN TilE COURT OF C()~I~lON
I'LEAS CUMBERLAND
COUNTY, I'A CIVIL ACTION-
LAW NO 97-4140
ROBERT D KLINE.
v
EAT 'N PARK RESTAURANTS INC,
DEFENDANT
GIlDER
AND NOW. this
day of
, 1998. upon consideration of
Plaintill's Motion to Compel Answer to Interrogatories Addressed III Del~ndant. it is
hereby ORDERED that said Motion is GRANTED
Defendant shall make full and complete answers 10 said Inlerrogatori~'S. \\ithoul
objection or motion for protective order. within I\\Cnty (20) days of the dale of this Order
or appropriate sanctions shall be imposed upon Defendant follo\\ing application to the
('oon
BY TilE COURT
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THOMAS, THOMAS & HAFER, LLP
ATTORNEYS AT LAW
1IlSIJ'IlPIIARM
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DOCGt.AS 8 MAKlll.to
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kOhl-.RI A IAll.ll1t
SARAII W AIUJ\tU
tU(jLNt N M~IILJ(jH
SUJ......NI: (.UJI'tllltj
KAREN S n)An:..~
fjAMY 1 I.AHtKlW
luUIJ U NAK\'UI
JAMES J UOUlHI
KtVIN l' M1,;NAMA.It.\
BROOkS It ..otANU
JOHN RUUNtAl'KUC
JoHN M f'fwll.(X'K
305 NORTHI'RONT STREET
SIXTII FLOOR
PO, BOX 999
HARRISBURG. PA 17108
01- ('OUNSU
JAMEli ti. THUMAS
"'112\1,711.)
FAX 17171 217,7IU\
EMAll mIWEZONLlNE('tIM
WRITr.R'S PIRECT PIAL NUMREIl
(717) 237.7119
April 29, 1998
Richard J. Pierce. Court AclmInis1rator
Attention :Irene
Cumbel1and County CoII1house
1 Courthouse Square
Carlisle, PA 17013-3387
Re: Robert D. Kline y, Eafn Park Restaurants, Inc,
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Dear Irene:
Enclosed for filing in the above-captioned action please find the original and three copies of
a Brief in Support of the Motion to Compel. Also enclosed is 8 copy of the time-stamped Motion to
Compel Plaintiff to Attend an Oral Deposition which was filed with the Prothonotary of Cumberland
County on April 29, 1998. Please return the extra time-stamped copies of the Brief to Mr. Kline and
to me in the self-addressed envelopes that I have provided. By copy of this letter and in
accofdance with the Certificate of Service, I have lelVed 8 copy of the Brief in Support of the
Motion to Compel and the time-stamped Motion to Compel on Plaintiff, Robert D. Kline.
Thank you for your attention to this filing,
Very truly youra,
THOMAS, THOMAS & HAFER
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By J-Ivv-
Stephen E. GeduIdig
SEG:msh
EndoIuret
ec: RobeIt D. KJlne (wIwncL)
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II, STATEMENT OF QUESTION INVOLVED
SHOULD PLAINTIFF BE COMPELLED TO ATTEND AN ORAL DEPOSITION
WITHIN TEN DAYS OR SUFFER THE IMPOSITION OF SANCTIONS?
Suggested answer: yes.
III. ARGUMENT
Pennsylvania Rule of Civil Procedure 4007.1 states that a party desiring to take an oral
deposition shall give reasonable notice and a party noticed to be deposed shall be required to
appear without subpoena. Plaintiff's failure to attend an oral deposition is in direct violation
of the Pennsylvania Rules of Civil Procedure. Because of the Plaintiff's failure to attend an
oral deposition, Defendant cannot otherwise move this case to resolution, and, as a result of
which, they are unduly prejudiced.
IV. CONCLUSION
For the foregoing reasons, Defendant eat 'n Park Restaurants, Inc., submit that this
Honorable Court should order the Plaintiff to attend an oral deposition within ten (10) days or
suffer the imposition of sanctions pursuant to Pa. R.C.P. 4019. including prohibiting Plaintiff
from offering any evidence at the time of trial which relates to information sought in said oral
deposition, and prohibiting Plaintiff from calling any expert witnesses.
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~APRU1998
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ROBERT D, KLINE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
EAT'N PARK RESTAURANTS,INC.,
NO. 97-4140
CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
BRIEF IN SUPPORT OF DEFENDANT EAT 'N PARK'S
MOTION TO COMPEL PLAINTIFF TO ATTEND AN ORAL DEPOSITION
I. FACTUAL AND PROCEDURAL HISTORY
This matter was initiated by a Complaint filed on August 19, 1997, alleging that
Plaintiff, Robert D. Kline found a foreign substance in his food while dining in one of
Defendant's restaurants. Plaintiffs' Complaint alleges negligence and carelessness on the part
of Defendant in connection with the alleged foreign substance.
Defendant has scheduled Plaintiff's oral deposition on four (41 separate occasions,
properly served Plaintiff with a Notice of Oral Deposition on each occasion and also changed
the location of the oral deposition to accommodate Plaintiff . To date, Plaintiff has not
attended an oral deposition and has not indicated that he would do so in the future.
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IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
ROBERT D. KLINE,
v.
NO. 97-4140
CIVIL ACTION - LAW
EAT 'N PARK RESTAURANTS, INC.,
Defendant
JURY TRIAL DEMANDED
BRIEF IN SUPPORT OF DEFENDANT EAT 'N PARK'S
MOTION TO COMPEL PLAINTIFF TO ATTEND AN ORAL DEPOSITION
I. FACTUAL AND PROCEDURAL HISTORY
This matter was initiated by a Complaint filed on August 19. 1997, alleging that
Plaintiff. Robert D. Kline found a foreign substance in his food while dining in one of
Defendant's restaurants. Plaintiffs' Complaint alleges negligence and carelessness on the part
of Defendant in connection with the alleged foreign substance.
Defendant has scheduled Plaintiff's oral deposition on four (41 separate occasions.
properly served Plaintiff with a Notice of Oral Deposition on each occasion and also changed
the location of the oral deposition to accommodate Plaintiff . To date, Plaintiff has not
attended an oral deposition and has not indicated that he would do so in the future.
.
ROBERT D. KLINE,
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 97-4140
Plaintiff
v.
EAT 'N PARK RESTAURANTS. INC.,
C')
CIVIL ACTION - LAW ~
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JURY TRIAL DEMANDEa:(i
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MOTION OF DEFENDANT EAT 'N PARI( RESTAURANTS, INC. TO::::
COMPEL PLAINTIFF TO ATTEND AN ORAL DEPOSITION -<
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AND NOW, this day of May, 1998, comes Defendant Eat 'n Park Restaurants, Inc.,
by their attorneys, Thomas, Thomas & Hafer, LLP, and moves your Honorable Court to Order
Plaintiff to attend an oral deposition, or suffer the imposition of sanctions, based upon the
following considerations:
1 . This action was commenced by the fiing of a Complaint on or about August
19, 1997. Plaintiff's Complaint alleges negligence on the part of Defendant in connection
with an incident in which Plaintiff allegedly found a foreign substance in his food while dining
in one of Defendant's restaurants. A copy of the Complaint is attached hereto and marked as
Exhibit" A. "
2. On November 13, 1997, Defendant scheduled Plaintiff's oral deposition, to be
held on December 11, 1997. Plaintiff was properly served with a Notice of Oral Deposition,
by mailing the documents by first.class mail, postage prepaid, to Plaintiff. A copy of the
NotICe of Oral Deposition is attached hereto and marked as Exhibit "6:
3. Plaintiff failed to attend his deposition on December 11, 1997 and Defendant
accordingly rescheduled the oral deposition lor February 4, 1998. Plainlllf was again properly
"
served with a Notice of Oral Deposition, a copy of which is attached hereto and marked as
Exhibit .C..
4. Plaintiff notified Defendant in correspondence dated February 3. 1998 that he
would not be able to attend his oral deposition on February 4, 1998 due to a conflict. At that
time Plaintiff also indicated that he was highly alergic to Defendant's attorneys' offices and
would not attend a deposition scheduled there.
5. Plaintiff's oral deposition was again rescheduled by Defendant for February 13,
1998. and though it was initially to be held at Defendant's attorneys' offices, the location
was changed to accommodate Plaintiff's request. The Notice of Oral Deposition was again
properly served on Plaintiff. A copy of the Notice of Oral Deposition is attached hereto and
marked as Exhibit '0'.
6. Plaintiff again failed to attend his deposition on February 13, 1998. Defendant,
then in a fourth anempt, scheduled Plaintiff's deposition on April 24, 1998 to be held outside
Defendant's attorneys' offices. A copy of the Notice of Oral Deposition was served on
Plaintiff by Certified MaillRetum Receipt Requested. A copy of the Notice of Oral Deposition
is attached hereto and marked as Exhibit "E".
7. Plaintiff telephoned counsel for Oefen:lant on Apr~ 23. 1998 to again indicate
that he would not be attending his deposition on April 24, 1998.
5. Plaintiff represents himself in this action IIld resides at RR2, Box 2080, McClure, PA.
telephone (7171 658.3448.
7. Defendants are represented in this ac:tion by Stephen E. Geduldig. Esquire,
Thomas, Thornas & Hafer, llP, 305 N. Front Street, P.Q, Box 999, Harnsbutg, Pa.. 17108. ,
0999, telephone number: 17tll 237.7119.
ElltlI)ft A
, ~.I'l,;'j ,7.'S7ne~:<.~FM TFf'.l F:=; FAAK
~1:2 757 1711 f:~::.\ioo
12. On or.Jbout Jamwy 23, 1997, PlauItilfvisiled 1 feudant's r, :staur.lnllo eat a
meal and WI! urvcd SIIllC.
13, Plainritrnoliced hair ill his (ood ill the course 0; eating th:lt W\S n01 his own
siDce it was a diffcmu color m:I, IS a rcsulllhcreo( set the f >Od aside and lie tb&l deSXJt
instead.
t4. Plaintiff p1id his bill 10 !be cas~ and inforroe. the casbicr that there was
hair ill the (ood. The c:ashier look no acnou other than to u: '<! the money IIld say sorry
and thank you.
15. Plaintilfbclicvu and, tIacrcforc, lvas thatthc (ood dCSClib :d i COWIr II was
negligcruly pr=parcd, bandied or szorcd aDd, thus, was lIIIfil to be ~ in a public
rCSWlr.1nt AJ a ~SUIt of the Dc(CDdant's oqIiBClI~ in food servi.:e the Pl.1iati1T bas
becD damaged in !bat be \\as UD.ab1e to eat all ofbis food thai he paid for.
WHEREFORE, PbiDliff prays Cor judplem against Defendant EM 'N Park
Restaurws IDe:. in the amOlllll ofTenDoUmmd Fifty Cents (SIO,50) as well of COl.1S of
lhis suit
COUNJ' m
RohertD "li~v 'F."~ParYR~bnnftti
V,^,...w. nf'th.! tIft;''''''' Cnm~1 eM.- c;.......llI.2.1U.
,
16. Plainlilfhertby incorporUs PmcnPhs (1) lbrough (IS) oChis ~OII\plaint as
though each pmgrlpb were set fonh fidly her:iD.
17. On or about M1y 4, 1597, Plainlifhisitcd Dde1dant's resWU'W to pu1Chase
food (or comurnption OD !be premises.
J &. PIai~ 'Iobil.: .:atiq food SCM:d from the breakfast bar, Cl'o\.ned .and
operated by the ))c(eadaDt, illsatcd SOIll( fOllll of Wlknawn 6brous rorcill'l materiaJ Ihat
,
"''as ~ in bis food.
.
. ~ ...-:i ,,7 'S7 <l2:~FM TFA.
FS~
412 ?e7 1'771 F,~~et
19. l'IaiIlti.ff zag:cd as a result of said fibrous Co 'eign lIIateri:iJ and, there!
~ ncOticd Ib: waitress who sad Mr. Nick We s, an employee/servant/a
oflb: 0dc1danI, 14 jDV~~
20. Mr. Nick Wells, kDowing thd Ib: DefClld.1nt II liabiliry in an incident :
as this, allCIIlpi:d 10 invesDp!e and Plainti1f answered hi luestions as well as she'
him tbe foreign lIIaltriallhat was in the food.
21. Plaintiff believes aIId, therd'ore, avers that the oed ~~ in Coun.
was lII\mc:n;hantable and, thus, was ill wioI.ation of lhc l .ifol1l1 Commercial Cc.
5<<lion 2-314,
22 PIaiDtifl' al1eacs tha% he was sick SOOn aile. leaving the ~fcnclm.
=ablisbmCllt as a direct ~ oflb: Dtfcndant's umn< 'clwuable food
23. plaintiff liudter alleges that illlbidual/y and coli, ctively tile: eff'ects of II
Defendant's ~OIatioDS herein aJlqd bas since caused psycl1olosicaJ trauma whieh t
ItlW it i1npossible to ~ in the Defcndlnt's rcstauranl and filnher bas, as a dire
cons.equcnee, made it psycllologicaJly difficub to eat in any restaItr2nl As a result of tl-
aforementiOl1Cd the PIaimiff bas bo:en UIlIbIc 14 ClIjoy n :als in r .lSt1l.'t3I1ts and
hilllkrcd by this aDd, thus, d:lmagcd.
24. Plaintiff a~s !bar his tlIIployDle8r situation and onditiollS are such that tl
Ddeadant's rcstaIInnl is the 0lIIy ~lIraDt MIae Plailltiff'$ lIe to eat prior to seiDg
W<lt'1c between thc boutS of 10:00 PM mil 6:00"'....
2$, PI.1intiff ~egcs that be is specially dama&cd as a. 'ect result of DeiClldanI
iDdividual and collective \'ioIa1iOll5 of the Uaiform COllll1lerci Code, SeCtiOIl 2-314 01
dle eWes referenced herein and is, thus, withobt a rest.turant eat in prior to lOin. Ie.
work bmt._ the bouts of 10,00 PM and 6:00 AM.
.
WHEREFORE, plainltff pray, for jlJll&l-..t apinsl k(elk~1 Elt 'N Par~
R.:srauranu in an amounI in cuess of Twacy.Five noosa '($25,000,00, Dollars
. i't.J R;,; c.7 'S7 ez:c."FM TF>-l FS FfF.l<
~\2 ?6? \7)\ P,€/E
exclusive of inlUest aDd com, IDd in excess of any jwisdi. anal amounr requirillf
'01IIpulsory arbitration. Also, Plaintiff cIcmaDds die costs of ws iiI.
COUNT IV
R"""" n Kli..... v F..tf 'N Park Reslllur.ur ..
NqHrt FNWf ~u
26, Plaintiff bl:rcbyincorporarcs Paralflphs (I) through (25) of his Cocnlll.t,;nt a.
thougb ~b paracraph wac: lei fon!! f.slly bcrtiD.
27 On or about May 4, 1997, pb.iJIIitf visi1cd Dcreodant's restaurant co purchas<
food (ot COQSlDIlpOon 011 the preaUses.
28, Plaintiff, while eatina food seMd lIum tbe breakfast bar owned and opmted
by !he Ocfendanl, ineestcd some fonn of WIkDown fibrous foreign material embedded in
the food.
29, Plaintitf gagged as a result of I3icl fibrous forciSllIl1atcrialIlld, theref'on'
ill:llllediately IIOlilicd the waitress who scm Mr. }flU Wells. an tmployee:SCI'\Ianrlager.
of the Defendalll, to ~r
30. Mr. Ni<:k. WeDs, tnowiD: Ibat \be: ~r~ may haw SlI'l,t I~lity in 1I
incidcnr such as this, ItWJl~ to investipc IDd Plaintiff answm:d his questions ~
Wl:lIas showed him the forci:n maleNI thaI_ irIlbe food.
31. Plaintiffbel1cws and.lbercfoR.lIYCI'S!Nt the food describo:d Ul Count IV
was oqIiptly prepared aDd SC1'Itd aDd, tlms, was lIIIlil 10 be offered in a p\lbli'
1'tSWIr.lIlt.
32. Plaintiff alleges Ibal b.: 1!ollS sick !OCll\ after leaving the Dcfcndlnu
~bli$hment as a diftcl c:onstqIII:DCC of \be: Dc{CtIdInts neali, ;lIt food Strvicc, .
33. Plaintiff ftJrIlIer a11tgcs dill, iadMdually aDd rolkctivcly, the etf.:cu of the
Dclcn4arn's IlCSli~t htrciI1 alItged has siece CllU3((j psy- 'holOJiul 1r.1\1J113 wbict
made it impossibk to eat ill IIlc DcfCllllaan ralaInIIl ar 1 tw, lluis, as a dlfCl:
EIlhIbft 8
EllhIbIt C
. HOMAS, THOMAS & HAFEI
ATrORNEYS AT l.AW
JOSEPH P tV-fER
JAMES K. THOMAS. II
JEFflIEY 8 RETTIG
PETER J. CURRY
R. BURKE M~LEMORE. IA
EOWARD H JORDAN. JR.
c. KENT PRICE
RANDALL G CAU
0."10 L SCHWALM
PETER I SPfAKElI
DOt.:ClAS B. MARCELLO
PAUL J OEUASEGA
TIMOTHY I MARK
O.\NIEl J GAlLAGftER
ROBERT A TAYLOR
SARAII W "ROSELL
EUGENE N to{,HL:GII
srePHE.' E. GEDULD'G
KARE.' 5 COAns
GARY T,LAntROP
TODD 8 NARVOL
'AMES J 0000.0
KfVlf\I C. ~k~AMARA
BROOKS R. fOLA~D
10H" FLOUNLACKER
305 NORTH FRONT STREET
SIXTH A.OOR
P. 0, BOX 999
HARRISBURG. PA 11103
1717) 2l7.7100
FM 171712l7,71M
E~lAll, m....EZOfl\.II'/E.COM
0' COl.:toiSEl
JAMES K. ntOMAS
WRITER'S DIRECf DIAL NUMBER
(717) 237-7119
January 21, 1998
Robert D. Kline
RR2. Box 2080
McClure, PA 17841
RE: ROBERT D. KLINE V. EAT'N PARK RESTAURANTS, INC.
Dear Mr. Kline:
Please be advised that your oral deposition has been rescheduled for February
4, 1998 at 2:00 p.m. and will be held at my office at 305 North Front Street, Sixth
Floor. Harrisburg. Pennsylvania.
Very truly yours,
THOMAS, THOMAS & HAFER, LLP
Stephen E. Geduldig
SEG:msh
enclosure
cc: Hughes. Albright. Foltz & Natale, w/o encl.
bNbft D
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PA
NO: 97-4140
CIVIL ACTION. LAW
ROBERT 0, KLINE.
Plaintiff
EAT'N PARK RESTAURANTS. INC"
Defendant
NOTICE OF DEPOSITION
To: All parties and their counsel:
PLEASE TAKE NOTICE that pursuant to the Pennsylvania Rules of Civil
Procedure. the undersigned will take the deposition of ROBERT D, KUNE on
February 13. 1998 beginning at 1:00 p.m.. upon oral examination. for the purpose of
discovery and for use as evidence in the above-captioned action. at the offices of
Thomas. Thomas & Hafer. lLP. 305 t40rth Frorn Street. 6th Floor. Harrisbura.
Pennsvlvania 17108. before a Notary Public Of some other person authorized or
commissioned to administer oaths on an matters not privileged which are relevant and
material to the issues and subject matter involved in the pending action, including, but
not limited to. the facts of the alleged incident. and the events leading up thereto.
Parties and attorneys are directed to bring with them any and all materials or
documents which in any way relate to the subject lawsuit.
THO
Date: d - 3 - 9 8'
STEPHEN E. GEDULDIG. ESQUIRE
ATTORNEY 1.0. NO. 43530
305 NORTH FRONT STREET. BOX 999
HARRISBURG. PA 17108
1717)237.7119
.
~~
exhibit I
..
..
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
ROBERT D. KLINE,
.
v.
NO. 97-4140
EAT 'N PARK RESTAURANTS, INC.,
,',
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION OF DEFENDANT EAT 'N PARK RESTAURANTS, INC. TO
COMPEL PLAINTIFF TO ATTEND AN ORAL DEPOSmON
AND NOW, this day of May, 1998, comes Defendant Eat 'n Park Restaurants, Inc.,
by their attorneys, Thomas, Thomas & Hafer, LLP, and moves your Honorable Court to Order
Plaintiff to attend an oral deposition, or suffer the imposition of sanctions, based upon the
following considerations:
,. This action was commenced by the filing of a Complaint on or about August
19, 1997. Plaintiff's Complaint alleges negligence on the part of Defendant in connection
with an incident in which Plaintiff allegedly found a foreign substance in his food while dining
in one of Defendant's restaurants. A copy of the Complaint is attached hereto and marked as
Exhibit. A."
2. On November 13, 1997, Defendant scheduled Plaintiff's oral deposition, to be
held on December 1" 1997. Plaintiff was properly served with a Notice of Oral Deposition,
by mailing the documents by first-class mail, postage prepaid, to Plaintiff. A copy of the
Notice of Oral Deposition is attached hereto and marked IS Exhibit .B..
3. Plaintiff failed to attend his deposition on December 11, 1997 and Defendant
accordingly rescheduled the oral deposition for February 4, 1998. Plaintiff was again properly
.
..
served with a Notice of Oral Deposition, a copy of which is attached hereto and marked as
Exhibit "C."
4. Plaintiff notified Defendant in correspondence dated February 3, 1998 that he
would not be able to attend his oral deposition on February 4, 1998 due to a conflict. At that
time Plaintiff also indicated that he was highly allergic to Defendant's attorneys' offices and
would not attend a deposition scheduled there.
5. Plaintiff's oral deposition was again rescheduled by Defendant for February 13,
1998, and though it was initially to be held at Defendant's attorneys' offices, the location
was changed to accommodate Plaintiff's request. The Notice of Oral Deposition was again
properly served on Plaintiff. A copy of the Notice of Oral Deposition is attached hereto and
marked as Exhibit "D".
6. Plaintiff again failed to attend his deposition on February 13, 1998. Defendant,
then in a fourth attempt, scheduled Plaintiff's deposition on April 24, 1998 to be held outside
Defendant's attorneys' offices. A copy of the Notice of Oral Deposition was served on
Plaintiff by Certified MaillReturn Receipt Requested. A copy of the Notice of Oral Deposition
is attached hereto and marked as Exhibit "E".
7. Plaintiff telephoned counsel for Defendant on April 23, 1998 to again indicate
that he would not be attending his deposition on April 24, 1998.
5. Plaintiff represents himself in this action and resides at RR2, Box 2080, McClure, PA,
telephone (717) 658-3448.
7. Defendants are represented in this action by Stephen E. Geduldig, Esquire,
Thomas, Thomas lit Hafer, LlP, 305 N. Front Street, P.O. Box 999, Harrisburg, Pa.. 17108-
0999, telephone number: 1717) 237-7119.
.
.
~
CERTIFICATE OF SERVICE
I, Stephen E. Geduldig, of the law firm of Thomas, Thomas lit Hafer. do hereby certify
that on this day I served a true and correct copy of tha foregoing MOTION on tha following
by hand-delivering a copy to Robert Kline at the Cumberland County Courthousa. Carlisle.
Pennsylvania. addressed as follows:
Robert D. Kline
RR2. Box 2080
McClure. PA 17841
THOMAS. THOMAS lit HAFER
By: ::?~~f
Stephen E. Geduklig. Esquire j
I.D. No. 43530
305 North Front Street
P.O. Box 999
Harrisburg. PA 17108-0999
17171 237-7119
Attorneys for Defendant
Dated:
~/J1f~
IldlIbft A
o'olh 27 '97 ''': 2~ TI'<I'(.
.,:(J,. _ .....' .....~.. .
:;~ A=A<
112 ?rt? t??l r:}.-;~es
COUNT I
RnIvn () KIiN'! V F.at 'N P:n.... R~.lr IllS.
Vit\lDitvt of the Unif'nnn CNnmnMal r~ S ~nn '.114
6. Plaintiff' hereby illcorpoC'ates Paragraphs (I) throUI ~ (S) of h,s ';omplliJ.l U
lhougb each ~ were set forth fully hcrmn.
7. On or aboUl JanU&ly 2J. 1997, PlaiDtiff' visited Del ndanl's reslallr'lnllo eat ..
meal and wu ~ sam.=.
I. PWntil'rnoaccd hair in his food inlhc coone of ea inS dw. was not his own,
~ illA'u I diff'erenl color Ind. "I ,"Wltherect, set the tOOo' aside Md ale the de: 5c:r1
illSlead.
9. Plaintiff' paid his bill 10 the cashier 8IId informed tile ashier dllllllele .NU
ban in tb.: food IlId !he cashier took 110 actiOD other IbIIIIO taU tM m oncy aDd say 54'try
ADd thaDk you.
10. P1aintiff'behevcs and, thcrdore, 1l'erS lhat the food descri cd in COIIIlt I WIIS
IIIlIIleIl:hantIe IIllI, thlU, Defcndant has \101aied the Unlrona Commen;ul Cede,
Section 2.314 and fIInb=r rbc Plaintitrbas been daIIlajp:d.. he was IIlIIble lD CII II of
the food be paid for.
WlfEREFORE, PlailllitY JlfI)'S for j~ lpinst Dcfaxia.nl Eat 'N P lfIc
~ IDe. ill the 1IIt000000ofTeI\ DoDus and Fifty Ccnts(SI0S0) IS \ ;II ofeos/! of
this bl
rouNT II
RN.-"D ICtiftll!v FM'N~R~CIDU
~ir FMtt SeNW
11. Plaintiff hmby U_~ta Pm,nphs (I) throu ill (IO} of' his COllIJl!aint u
Ibou&h cadi paraarapb Mfe su fri fttIly baeia.
CJ.- -7 'S7 ''':,,~FM TFR FS F~
. 1'tJ_.-v.. 'C_ n:--.
112 7S? 1711 F:~913'3
"
12. On or mout Janwuy 23, 1997.l'latntift'visi~ 1 feadant's r. murant to eat a
meal and \\U served same
13. Plaintiffnotioed hair in his (ood ill the course 0; caling IMt w \$/10'1 his own
siDcc it \\U I diffcmu color md, lIS a result thereo( set the t >od lIide and lit: the dessert
instead.
14. Plaintiff paid his bill to the: CII~ and inrormc. the caslUcr tb.11 there was
hair in the food. The cashier look no action other than to la,C lhe money and say sony
aDd thalli YOI1
IS. Plaintitrbelicws and, Ihcrefore, IVers that the (ood dcscrit :d i COWlIII was
ncgliscmJy Pft!PUed, handJed or storecllDd, !hIlS, ....~ unfit 10 be served in I public
lestllIranl A$ a result of the Defendant's oqliJCIICc! in food suvi.:e the Pwllti.ff has
been damaged in that be was tmable to eat all ofbis food that be paid for.
WHEREFORE, Plaintiff' prays for iudplent against Defendant Ear 'N Park
Rcsta1lr&lllS IDe. in 1M amOWll ofTen DoI1ats and Fifty Cents ($ IO.SO) lIS well of CO!.lS of
this suit.
COUNT m
R.wrtD ~liMV FJir'NPa....RMt."l1f'l1lnti,
Vin'atUwt MIlk! U"ifnrm CtwnMrrdal r~ ~.m.2 ll!
16. Pwnrift'hercby incotporaIes Parqrapbs (I) through (IS) of his Complaint u
lbouah each paraglph were lilt fonh fiIIly herein.
17. On or about May 4, 1997, Plaintiff visited Dde1dant's resuurw 10 purchate
food for CClIISlImplioo on the premises
It Plainti1r, ..bile eatiq food SCMld fnHn the breakfast bar, ~1lCd and
operated by the DetCDdant, insested some Conn of UAbJown Iibrous fOleipl INteria1lbal
.
was ~Lled in bis food
FU Alh 27 '97 OZ:2~ TFAl
. ,
I'<S ~
412 ?rf'I l71t p,~!:e,-
19. PIUIlti6 sagced as I ruwt of said fibrous (. 'eill'l material and, tb=f
immcdiat.dy IIDlitilld the wai1l'esS who 5C.IIt Mr, Nic:k We s. an emploYWSBrVaotla
of tbc [)cf.oMa"'. to iDVestipre.
20. JYr, Nidc Wells, IcDowing that lIIe Dcf~ h liabllily in an incident:
II this, artcmpll:d to investiaaze and Plainti1r answered hI lucstions as well as shoo
bUn tbe forcisn material thu \IoU in the food.
21. Plaintiff believes aM. therefore, avcn that the ood descnbed ill COWlI
was WlmCl'thantablc and, thus, was il! violation of the l ,jfOl'Dl Commcrci~ CCJ
Seeoon 2-314.
22. PJaiDtifl' aIIeaes thal he was sick SOOn aftet lcaving the [)efCDClan.
CSIab1isbment as a diroct COIlSeqIICIlCc of tile Dclcndanl's 1lIlIII. 'r'-tAblc food
23. Plaintiff Ibr1ber al1caa that iudividually and coli. c:rive/y the effects of d
Detendanl's ~olatioDs herein a1\qJed bas since caused psycl1olOlica1lraun1a which t
JDadc it hnpoaible 10 eat ill !he DcfcDdant's rcstIIIrant and fiInher bas, IS a dirt
coosequeoce, made il ~1y difticu1t 10 ea& in Ul)' reswnat. AJ a result ofd'
aforementiOllCd tile Plaintiff' has been unable 10 CIIioY n ~s in r ~ and
biadmd by this IDd, thus, d.m~
24. PlaiDtifl' avers thu his cmplaymear situatioa and OIlditioas lie such tlw II
~"'~IIt'S rtSllInnl is the 0lI/y restaurant v.ilcrc Plaintiff IS lIe 10 eat prior 10 aoiD.
wad: between Ibe bolltS of 10:00 PM aDd 6:00 AM.
25. PWntifl' alleses that be is ~.Uy damaaecI as a . 'eel rawl of DeW....1I
iodividual and coUectivc violaiiClllS of the llrufonn Commerti
the daIcs refcrtnced hcrcillllld iI, ibid, withoul a restaurant
work bcroAICCII the boun of 10.00 PM and 6;00 AM.
WHEREFORE, PIainadr P"IY' for judJmcnt apinsr
Rawarants in an IDIOIInt in excess of T\YCJ\ty.Fi\'C TIlolasa
Code, SectioD 2-314 01
eat in prior 10 &IIi", Ie.
.
)efClk'atu .Eat 'N Pat,
. ($2.S,OOO.oo. DoIIan.
. . I'tJ Alh 27 '97 02:26PM TI'<Al 1'<5 FffiK
4\2 ?8? 17'11 P,€/8
exelusi"e of intete:sr and costs, aDd in exccss of any jwisdj, 01111 amount rcqulnDf
CotllpWSOty arbirruion. Also, Plaintiff domaDds the costs of this lit
COUNT IV
R"""'" D 1(1;..... v Eat 'N Park Restauran .
Nq);r.nt):t\Nf ~~
26, Plaintiff'herebyincorpol'atCs Parai"lplls (I) through (2S) of his COlIlJlllinl a.
though escb par&&raph wac set fORl1 fAly bcrein.
27. On or about May 4, 1997, Plaintifl'visited Dcfcndant's restaurant 10 pun:/Ias(
food rot COIl5l1111pcion 0t1l1M premises,
28. Plaintiff. while catm& food served trom the breakfast bar owned and operated
by the Defendant, inceslcd some form of lUlknown fibrous foreilJll malerial em~ in
tbc food.
29. Plaintiff gagged IS a n:sult of said fibrous forciGD IIlltI:ri.aJ and, themort
illllOOliately notified the waitress who sent Mr. Nick Wells. an employeeiservantllget\
oC1he Defendant, to investiptc.
30. Mr. Nick Wells. bowing wt the Defcndlnt may have srnct liability in at
incident such IS this, Iltelbpted to investigate aDd Plaintiff answered his questions IS
~I\ II showed him the foreicn JnIleriaI that was in lIIe food.
31. Plaintiff belims and, lherefore, avera thIa the food de$cribed in Cowu IV
was oqIigcady prcpucd aDd SCMd aDd, thus. was unfit to be offered in I public
reslIlII'ant.
)2, Plaintiff alleges that ~ was sick SOClII after leavilll the o..f~
establi$hment IS I direcl consequetICe oCtile Oef'endanl's neali,:tIt food setvicc. .
33. P1ai1llifft\Jnller alleges thai, individually &lid col1l:aively, the etf.:c:u of the
Dct'cndant's neaJipnce hemD aIIqcd bas siftCC caused pry 'hoIoaieal In\11113 whiet
made il impossible 10 eat ill the Defcndant'J rcstatnDt If J has, thus, as a direw;
ExhIbIt B
btIIllt C
CERTIFICATE OF SERVICE
I. STEPHEN E. GEDULDIG. ESQUIRE of the law firm of THOMAS. THOMAS. &
HAFER, LLP do certify that I served the foregoing document on the following
person!s), addressed as lollows:
Robert D. Kline
RR2. Box 2080
McClure, PA 17841
THOMAS. THOMAS & HAFER. LLP
STEPHEN E. GEDULDIG, ESQUIRE
Date: / -01/- 9?
.
..
btMD
ExhIbIt E
F'~ rn t"'r/;j("\C
'.~, .l.... ...., j.....1..
C'., -.... , . "
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1~;lh:l
98 rr~ 29 MI II: 30
c..!'.'''...., . ''',
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PRAECIPE .-oR I.I!>"NC; CAS.: .-oR TRIAl.
(Mu.st he l)'pCwrillen and ,ulm1ill<'1.l in duphcalC)
TO TIlE PROTIlONOTARY OF ClIMBERLAND COUNTY
Pic.."" list 1he funuwing c.."":
(Ch....:kune)
( X) fur JURY trial al the neltlerm uf .:ivi) .:uun.
( ) furlrial witl1l.n a jury.
CAJ7IlON OF CASE
(entire <:aJlIinn mu.51 he.laIe\I in full)
(chcl:k nne'
( X) Civil Actinn - Law
ROBERT D. KUNE
) Appeal fnllll ArbiIJ'alion
IIlIbcr)
(Plainliln
n.
The lIlIIlIt wII be ClIIIlld on
and .III1e 9.1998
EAT'N PARK RESTAURANTS
T~CiOfIIo...lCeon """8,1998
IDetCndarl)
PI.... wII be held on .III1e 17, 1998
(BrlerIn u5 dIyI betn pI'lllIlIla.)
(The PIf\Y lilting .... cae for lI1aIlhII ptCI'IidII forIIMllh . eo
of the plMCip610 II cxxnel, JU1l*1l1o local RUe 214.1.)
n.
Civil
4140
f3i7
lndicalC 1he anumey w"', will try ca'" filf 1hc pari)' w"', file. thi. J"'IC"ipc: SICphcn E. GcdukIig, Esquire, 30S
Nn,th Fronl Sum, IfarrisburJ, PA 17108
IIIlIicau: trial ell...KI fnr .1Chcr rartin if U1nWII: Tn 1hc U1nwlcd8< nf Defendant 00 thi. date. PWmilf, Ruhen
Kline is repRscmlll hiRl.'lClf in dli5 lawsuit.
Thi. ca.'Ie is rcaJy hlf trial.
~:~
Print Name: Stq1hen E. G:.WtIig. Eaquift
o.:~
Pi, ':1 ~ i 'IJL~c'c
I.d -fir.
A.-1l"IlC')' Illf: DeI\:Illlanl
J. ()lf~
IEldllbIt D
WITNESSI,S
EXAMINA TIUN
~ NAME
3 ROBERT D. KLINE
4 BY: MR. GEDULDlO
3
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
Page 3
I ROBERT D. KLINE. called as a witneSs, being
2 duly sworn, leslifJed as follows:
3 EXAMlNA TION
4 BY MR. GEDULDlG:
5 Q Please state your name.
6 A Robert D. Kline,
7 Q Your home address?
g A R.R. 2, 80x 20~O. McCIun:, Pennsylvania.
9 17841.
10 Q Mr. Kline, are you representing yourself in
II this lawsuil?
12 A Ycs.1 am.
13 Q You have a righl 10 read your transeripl and
14 make any correclions 10 the lranseripl that may be a
I S result of a lranseriplion error on the part of the court
16 reporter. Do you wish to do that'!
17 A Are you asking me if I wish to wai\'C signing
Ig and sealing? Is thaI whal )'ou're alluding to'
19 Q No, I'm asking you If you're waiving reading.
20 A No, 1 wanllO read whal s~'s wTilten or have
21 an opponunily to make amendments if need be.
22 Q Okay. Are you waiving s~-ning and sealing?
: 3 A \Vital is )'OW' undmlanding of that'!
24 Q Wltal's yours?
~s A I asked you first
HUGHES. ALBRIGHT, FOLTZ a. NATALE
717-540-0220\717-393-5101
Multi-I'agc nt
ROBERT D. KLINE
MAY 25.1998
Page 4
Page 2
I Q I'm nol here 10 an,wcr queslions.
2 A Well, J am JUSI asking for Ihc nghllo make
3 chan~c"S m Ihc depOSitIon If Ihal's whal waiving sib'mng
4 anu ",ahng mcans,lhc", I'm agreeable to un thaI If
S Ihat's whal that mcans
6 Q So whal's your date of birth'
7 A 6.2).SI.
8 Q Anu your social securily number?
9 ^ Alllhosc that you're asking there wcre in my
10 AnSl"'rs 10 Interrogatories, I believe.
II Q I'm asking you for the record
12 . A Wcll, that is a record. 1113t's sigru.-d under"
13 I s'wore that that was the truth, and it's signed.
14 Q What's your social security number, please'
15 A As I laid you earlier, that involves private
16 issuc... and I don't see that that's relevant. I'm here to
17 answer relevant qu..'Slions relevant to this lawsuit, and if
18 you can somehow show me how the social security number
19 mighlbe relevant, I mighlbe willing to answer that. But
20 I can't trust that you'll protect that number, and that's
21 a prelty importanl number today.
22 Q Are you refusing to answer my question? It's
23 yes or no
24 ^ You're leading me. I'll answer the question as
25 I scc lit. That was in the InterTOf!atories. You should
Page S
I have filed a mOlion to dismiss.
2 Q Are you refusing 10 answer the queslion what is
3 your social security number, yes or no?
4 ^ Am I refusing to answ'Cr thaI? Are you
5 promising 10 prOlCCI my privacy?
6 Q I'm not promising anything.
7 A If you can'l prolcct my privac)', I can'l answer
i S thai question.
I 9 Q You're refusing to answer the question thcn.
10 corrccl?
II A I have 10 refuse to answer that question.
12 Q All right, good. Ha\'C you ever had your
1 J deposition taken before?
14 ^ No.
15 Q Have you been involved in any lawsuits before"
16 ... I have.
P Q You're somewhat familiar with I~ legal
'IS pfOl'CSS"
119 "Somewhat. yes.
:0 Q Are )'Ou a law school graduate?
21 A No.
:2 Q Did you lue any law school courses?
23 A No.
24 Q Have)'OO represented )'OIITSClf in other legal
25 maIlers?
Page 2 - Page 5
ROBERT D. KLINE
MAY 25,1998
Multi-Page'"
Page Ii
I ^ I have.
2 Q Do you understand what a depoSll1on IS')
3 ^ I think I do Why don't you tell me?
a Q Do you understand that a deposition is an
~ opp""unlly for I, as Eat'N J'ark's allonll.oy, to ask you
~ quesllons pertainln8 10 the lawsuil you broughl?
- 1\ lhehe\e I understand that. Dutthat those
S 'iucstll'OS shouldn't he reduolbnt or qllC5tions thaI were
9 asked 10 your 10ICrTl'l!aIOri,os, whIch an: also sigocd under
10 OJln. I answered some of those questions and you
II Imm.'\1tatcly SI~'\l out on the sam: qu..-;tioos that wen: in
12 thc Interr"!!ato"es. 11k:y'n: llCcuratc, and they can be
13 read Into the record and ug,'\l as evidence as w>:II,
I ~ wouldn't you admit'
IS Q I'm a.sklnS for a)'CS or no question Do you
16 understand that tod.1y is an opponunlly for I, as Eat' N
17 Park's attorney, to ask you quesllons about your lawsull'
IS ^ I do undl.-rstand that you can ask me questions
I ~ lh.lt arc relevant.
20 Q Do you also understand that CI''CI')'lhing you say
21 and I say " 1'1.:1ng tak,'O down \'crbatim. word for word. by
.,.. the court rcport&.-r'l
23 A I behm: lhatthe court reporter will do her
2~ besl to do that.
2~ Q Do you understand that C\'a)'lhillll we're sayillll
Page 7
I lod.1y IS heing taken down in a record'
2 A I just answered lhat.
3 Q Do you understand that what you're 501)108 loday
~ IS h.:lng recorded by the c""" reporter?
~ A I think I just answered that.
. Q You duJn't8ive me an answcr. You dodged me
- again. It's )\.os or no. Do you understand it 10 he
S recorded or not? If you don't understand II to be
9 n:cordo:d, I'll explain it to you.
I<i ^ I understand that she IS doins her hcst to tale
II down what you and I 5OIy. That's w1lat I undo:n,and. That
12 she's nol perfecl. that she might make tlTtln That's
13 \\ hal I undl.-rstand.
I ~ Q AssumIng that you have an opportunity to
1< _"tn."t "hal(\cr errors)lIU t1unk she rnad<, do you
I. undcrstaml thai she's tak'llll dow'11 C\'CI')'Ihlllf that you and
,.. I are ~Ylng.'
I' A I" JJlI to 1'1.:1",\'c that, yes
19 Q Do)OO understand that I can ~ hock from the
cO tran,,"plto the jury the tcshlllllfty that you'I'e 8,\\.'n
:1 h~JY'\
^ Yes
Q 0" Y<lU umk.~and thal,I's \>:ry Ilnporunt for
ca Y'lU III undo.'T\land my quest.on h.:f.1/C you anSWCf It~
,\ Y.....
~)
=~
PJl!~ Ii - Pag,' Q
Pagc 8
I Q Do you undersland that if you do not understand
2 011C of my questions, you should ICI mc know and I'll
3 rephrasc il for you?
4 ^ 1'lIlct you know,
5 Q Do you undersland that if you go ahead and
6 answcr a qucslion, latcr wc're going 10 asswnc thaI you
7 bolh heard it and understood it?
s ^ I understand thaI.
9 Q Do you understand Ihal you havc a right to lakc
loa break whenevcr you likc?
II ^ I do.
12 Q Are lhere any other qucstions that you havc for
13 me about the deposition process in general?
I ~ ^ None that I can think of at this lime.
15 Q Are you marricd?
16 A 1l1at's answcred in the Intcrrogatorics.
17 Q Wccan.-
18 A Let's go off the record.
19 Q Wc're nol going off the record. It's my
20 deposition. Wc're nOI going 10 go off the record, If
21 you're not going to answcr my qucslion, say I refuse to
22 answer the qucslion. All righl?
2J Are you marricd?
24 A No.
25 Q Did you go to high school?
Pagc9
I .... Yes.
2 Q Where: did you go 10 high school?
J A Wesl Snyder High School.
4 Q \Vhal year did you gradualc?
S A 1969.
~ Q Did you take any cducational courses aflcr
7 that?
8 A Yes.
9 Q Where: and when?
10 ^ Wcll, I'm DOl refusing 10 answer this question.
II bul that's all in the Intcrrogalorics. which I signed
12 under oath. It's in there. I had 10 research the dates.
13 and so fOr1h. 10 Iry to oblain accuracy for you, And
.. thaI'S in there. And if you would can: 10 read thaI and
I ~ read that into the record. thaI would probably be fine
I~ with me.
I' Q So ~'Ou're not answering thaI question?
IS A SIl:VC, I don't remember c\ery dare, e\cry
19 course I lOOk.
20 Q 1l1at' 5 an answcr, isn'l if'
21 A It'~ on the record. I guess it's an ans..cr.
22 It's also an answer lhat those are in lhe Inrerrogatof1Cs
:3 anJ you're free: 10 read lhat into the record. Counsel.
H Q Tell me about the otht-r lawsuits aboul which
2~ )'Ou'vc bec:n 111\'Ohc.t
IItJGIII\S. At.8RIGlIT, FOt.Tl. A N^T^t.1\
711-540-0220\717- 393-5101
Mulli-Pagc'"
ROBERT D. KLINE
MAV 25,19911
Page 12
Page 10
1 A Thai's irrelevant.
2 Q An: you n:fusing 10 answcr lhal'!
) A Unless you can show me some n:ICI'ancy.
4 Q Sir, number one,l don'l have 10 show you
S anything. Number IWO, if you're lrying 10 inlcrpn:llhe
6 Rules of Discovery, you oughllO make sure you'n: righl
7 aboUI tI1cm. Okay'!
8 111C queSlion is, tell me aboullbe olher
9 lawsuilS in whieh you've boen involved. Your answer is
10 going 10 be, okay, 1'lIlell you; okay, ('m nol going 10
II tell you.
12 A My answer is lhal's irrelevant.
13 Q So you're nol going 10 tell me, com:cl'!
14 A I'm nOl going 10 lell you.
1 S Q Have you cvcr made a claim againsl another
16 individual or entity or insurance: company for any allqj(d
17 pmonaI injury?
18 A I can'l recall making a claim against any
19 insurance: company pet se for personal injury.
20 Q How aboUI againsl another person or entity?
21 A Yes.
22 Q Tell me about !bose.
2) A That's - I made a claim for taXicab accidents
24 I was in some years ago, two accidents in one day. That's
2S the: only elaim!bat I can recall making against an enlity,
Page II
I as you' vc phrased the question.
2 Q How abouI a business?
) A How abouI a business whal?
4 Q Havc you made any personal injury claim against
S any business?
6 A None thaI I can recall of, other than the ease
7 which is the subject of this suit.
8 Q When did the lWO laxicab aceidenls lake place?
9 A I can'l recall that. I'm nol prepared 10
10 answer that question.
II Q Do you remembcr in whal city Ihcy occurred'
12 A They 0CC11Im1 in Pennsylvania, Turnpike.
13 Q Where?
14 A One was coming oul of Ihe tunnel, was one 10 or
IS 20 miles wesl of Harrisbu'l.
16 Q Same laxicab company?
17 A Yes.
18 Q WhalCODlpany?
19 A Jitocy Service, Incorporated.
20 Q Did you file :a lawsuil or did somebody file a
21 lawsuil on your lx:half as I mult of eit~ of those
22 lecidenlS?
21 A I didn't file I Complaint.
24 Q Did you file any paper to qin I lawsuit?
I' A Yes.
lIUGIIES, ALBRIGllT, FOLTl. A NATALE
717-546-0220\717- 39l-S 1 01
I Q What county"
2 A Cumberland, I bellelc.
) Q Is lhat n:laled 10 tI1c taxicab accidenls"
4 ^ Ycal1,lhal'S whallhat'S about (Ihoughl
S Ihal's whal you asked.
6 Q Did you scule eilher of lhose cases?
7 A Yes
8 Q So if I went ovcr to Cumberland Counly and
9 searched lbe records, lhen: would be a fI.'Cord of a laWSUlI
10 Rohert D Kline versos Jllney Service:, Inc."
II ^ Yes. there would be.
12 Q Any other claims for personal injury lbal
13 you've made that we haven't talked aboul?
14 A None!bal I can recall
IS Q Do you have any military service?
16 A Yes.
17 Q Tell me aboul!bal.
18 A It's in the IntcrnJl!atories. isn't it?
19 Q Are you refusing to answer !bat question?
20 ^ Wo:1l, be sp.'Cific I'm objecting 10 the scope
21 of the question, do you ha,'e any military service: What's
22 meanl by that?
2) Q Did you C\'Cf serve in the military?
24 A Yes.
2S Q \\'hen?
Page 13
I A Well, 24 November '70 to 26 June '72. And
2 afIU thaI I enlisted in the National Guard. I served
) from SOIl1l:when: in '72 10 1976. AfIU thaI I was in the
4 Sl. Louis Control Group. Reserve Control Group.
S Q What branch of the mililary did you serve in,
6 other than the Nalional Guard?
7 A Nalional Guard isn'l a branch of the mililary
B per se. I served in the Army.
9 Q Anything else?
10 ^ You havc 10 ask the queslions hen:. You told
II me you're asking them.
12 Q Did you serve in any other branch of the
13 mililary other lhan the Army?
14 A No. I did not.
IS Q Did you receive an honorable discharge?
16 A Yes. I did.
17 Q Was thaI 1972?
18 ^ Well. v.iUchlUne do you mean"
19 Q You were discharJed more than once from lhe
20 Army?
121 ^ Absolutely.
22 Q How many limes'~
23 ^ I cuess three.
24 Q Each time II was lI\l honorable discharge~
IS A Yes. il was,
Page 10' Page 1.\
ROBERT D. KLINE
MA Y 25,1998
M I' P '"
U 11- agc
Page 14 Page 16
1 Q Have you ever had any psychological counseling I on Dlmctapp. We're nol going to go forward if thaI's the
: or Ireatmenl? 2 position you're going to take.
J A None that I can recall. J And by the way, I'll have you know that the
4 Q Arc you on any medications today? 4 Court ordered Ihis deposition to take place here tooay on
~ AVes. ~ Memorial Day at this place and this time.
6 Q What medicine? 6 Now, are you going to take the position that
7 A Allergy medicine to try to eonlrollhe effecls 7 you're more than likely to he affected by the medicine?
~ I might suffer from Ihis office. 8 A I'm not a phannacologisl, and I ean'l predict
9 Q What medicine? 9 what the exact eITects will be. As I told you, I wanted
10 A Well, I forget lhe name of it. One is 10 10 work with a location, bul you never did call me. You
II Dimetapp. Whal's your queslion? 11 just kept noticing depositions, and you didn't work with
12 Q Did you take more than one medication since you 12 me in any way. I was willing to coop..-rate, but you didn'l
I J arose this morning? I J seem interested in doing lhat. It appeared to me that you
14 A No. 14 WI.'IC more inlerested in bulldozing me and forcing me, and
I~ Q Vou look Dimelapp. that's il? IS I'm just attempting --I'm here today, I'm sure this is
I~ i\ (Nods affinnalively,) 16 incoO\'alient for you; iI'S not convenient for me, but I'm
17 Q Ves? 17 h.:re today to comply with the Court order, Which you
I~ i\ Ves. 18 probably could have made amendments to the Court or
19 Q Is that a pill or a fluid? 19 suw:st.:d to the Judge in some fashion"
:0 A It's a pill, 20 Q Vou tell me when you're done.
: I Q Over the eounler or prcscribed? 21 A" something that would have been suitable to
:2 A I believe iI'S over the counler. 22 both of us. But I'm here, and wc'lI go with the
:J Q Did you drive dO....lI here yourself from McClure? 23 deposition.
:4 AVes. H Q We're not going 10 go with the deposition
2S Q Did you have any problems driving down? 2S unless I ha.'C your assurance that you have no mental
Page IS
I A Fatigue.
: Q 1I0w long a trip is it?
) A An hour. Drov,"sinc:ss
4 Q To what do you auribute the f atlgut and
~ drowsiness?
~ ^ !>k'dicalion.
7 Q Do you think that the medication is in any way
8 affecting your ability to bear and understand my
9 questions'
10 A It more than likely will alTcct my m:ntal
II acuity and response.
I: Q So you believe that you're unable to gi\'C
I J reliable ansW.:rs because of the medicine you'...: taken?
14 1\ No. I'm here to do my best lll",llUse)oo not.....'\!
I ~ thIS dq><,\ltlon, and you lIppi1!I:fttly wanted \t done at your
I" of!i.-e rather than work with me on a lu.:allM
I' (\'nor ,....tlmony read.)
I' Q Sir, you just testified that the mediCali""
19 Will more tlw1 likely aITctl your lIll.'lIlallk.'UII)' an.!
:n ""ponoo< 0<')'00 stand by thai?
: 1 A I stand by that I'll wlll1l111lo CO on w,th
:: II1\: "'"""Ill,,"
:J Q I'm no\ w11hng till" OIl WIth lbe "''1'"'"lt''' If
:. }OU'", ~llIng hI Ct~~ ll\ I.ter at mal. on, wdl. f1<'l'. Mr
:c fi'l'l.1uldq;. t dnm'1 uibk:KtJt\ll ~i"lllf \t\ll'>.Jl4l1\ hl\'".;1U\I( I \\.h
\'Jgc \-1 . Page 17
Page 17
1 disability or impainncnt as we spe3k now and throughout
2 the rest of the deposition.
J A Well, as I stated earlier. I'm not a
4 pharmacologist. but IthlOk that most any drug creates
~ some dcgn:c of impainncnt.
6 Q 00 you think it will create the type of
7 impainncnt that will allow you -- or will not allow you to
8 undcntand my questions?
9 A It may.
10 MR. GEDl.1.D10, Okay, we'n: done.
II (The deposition was concluded 1\ I :45 p.m.)
IlUGIIES, ALDRIGIIT, FOLTZ ct. NATALE
1 11,S40-0220\717-393-S 101
February 13, 1998, April 24, 1998, and finally by Court Order of
May 7, 1998 for May 25, 1998. Correspondence, Notices of
Deposition to Plaintiff, the said memorandum, and Plaintiff's
responses are attached as Exhibit "A".
4. A Pre-Trial Conference was held on April 29, 1998
before the Honorable J. Wesley 01er, Jr.; Plaintiff failed to
attend. Attached is a bill from Hughes, Albright, Fultz &
Natale Reporting Service, Inc. dated December 12, 1997 for
$60,00 for the no show on the part of Plaintiff; on December 16,
1997, a copy of the bill was sent to the Plaintiff for payment,
as evidenced by Exhibit "B". Plaintiff never made payment of
that bill.
5. On May 7, 1998, Judge Oler issued an Order in
response to Defendant's Motion to Compel Plaintiff to attend
deposition in the office of Thomas, Thomas & Hafer, LLP, on
May 25, 1998 at 1:30 p.m. Attached as Exhibit "C" is a copy of
the said Order.
6. Plaintiff did attend the deposition but was
uncooperative; he refused to answer questions; he was difficult
and evasive; and he claimed that some over-the-counter allergy
medicine he took would "more than likely will affect my mental
acuity and response". This forced Defendant to cancel the
deposition. See Plaintiff's deposition attached hereto as
Exhibit "0", specifically page 15, lines 7 through 11.
2
~
.
ElltIIIII A
.
(717) 237-7119
September 18. 1997
Robert Kline
RR2, Box 2080
McClure, PA 17841
RE: ROBERT KLINE V. EAT 'N PARK
Dear Mr. Kline:
Enclosed please find the Notice of Deposition for your oral deposition scheduled
on November 17. 1997, at 1:00 p,m,. to be held at the law offices of Thomas,
Thomas It Hafer, 305 North Front Street, Sixth Floor, Harrisburg, PA in the above-
referenced matter.
Very truly yours.
THOMAS, THOMAS It HAFER
Stephen E. Geduldig
SEG:kcb
enclosure
cc: Hughes, Albright, Foltz It Natale. w/o encl.
bc: Joel Hopkins, w/o encl.
17171237-7119
November 13, 1997
Robert D, Kline
RR2, Box 2080
McClure, PA 17841
RE: ROBERT D. KLINE V, EAT'N PARK RESTAURANTS, INC,
Dear Mr. Kline:
Please be advised that your oral deposition has been rescheduled for
December 11, 1997 at 3:00 p.m, and will be held at my office at 305 North Front
Street, Sixth Floor, Harrisburg, PA.
Defendant's Interrogatories and Request for Production of Documents
were served on you the second time on November 3, 1997 and are due within 30
days of the date of service, Please provide me with copies of your Answers to
Interrogatories and Response to Request for Production of Documents prior to the date
of your deposition.
Very truly yours,
THOMAS, THOMAS & HAFER
Stephen E. Geduldig
:kcb
bc: Joel Hopkins
fl-S / 1/qr
ROBERT D, KLINE,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
EAT 'N PARK
RESTAURANTS, INC.,
Defendant
NO. 97-4140 CIVIL TERM
ORDER OF COURT
AND NOW, this 7il
day of May, 1998, upon consideration of
the Motion of Defendant Eat 'N Park Restaurants, Inc. To Compel
Plaintiff To Attend an Oral Deposition, and of the Answer of
Plaintiff Robert D. Kline to Defendant's Motion To Compel Plaintiff
To Attend an Oral Deposition, it is ordered and directed as
follows:
1. Plaintiff shall attend a deposition in the uffice of
Defendant's. counsel at 305 North Front Street, Harrisburg,
Pennsylvania, on Monday, May 25, 1998, at 1:30 p.m. In the event
that Plaintiff fails to appear for the deposition at the appointed
time, the court will entertain a motion for sanctions, ~ncluding
dismissal of Plaintiff's action.
2. Plaintiff is free at any time without order of court to
engage an attorney to represent him in the case.
3. Any other relief requested in either the motion or the
answer is DENIED,
4. It appeanng that neither party regards discovery as
complete 1n thlS case, lt 1S stricken from the trtal IlSt.
Plaintlff and Defendant are advised that 1t must be rellsted to
appear on a succeedlng trtal llst.
BY THE COURT,
).~f/?',:
llctIIbll8
ExhIbIt C
IbtIIbIt D
M I' P '"
U 11- age
WITNESSES
EXAMINATION
I
2 NAME
3 ROBERT D. KLINE
4 BY: MR. GEDULDIG 3
S
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
Page 3
I ROBERT D. KLINE, called as a witness, being
2 duly sworn. lCStifJed as follows:
3 EXAMINATION
4 BY MR. GEDUlOlG:
5 Q Please: state your name.
6 A Robert D. Kline.
7 Q Y OUf home address?
8 A R.R. 2. Box 2080, McClure. Pennsylvania.
9 17841.
10 Q Mr. Kline. art: you representing yourself in
I I this lawsuit?
12 A Yes. I am.
IJ Q You ha\'\: a right to read your transcripl and
14 makc any concctions to tie lranscriplthal may be a
1 S result of I transcription crror on the plitt of the coun
16 repor1Cr. Do you wish to do thal'!
17 A Are }'Ou asking me if I ",ish to "':U\'\: signing
IS and scaling'! Is thaI "hal you're alluding Iii'
I~ l.J No, I'm asking you if you're waiving reading.
:0 A No, I wanllO read what she's "Tiltcn or haw
: 1 an opportunity 10 makc amendmentS if need be,
:: Q Okay. Are you w:uving signing and scaling','
:) A What is your understanding of that'!
:4 Q What's youn'!
:~ A I asked you fIrSt.
IIUGIIES, ALBRIGHT, FOLTZ &. NATALE
717-540-0220\717-393-5101
Page 2
ROUERT D. KLINE
MAY 25,19911
Page 4
I Q I'm not here to answ..,. qUl.'Stions.
2 ^ Well, I am just asking for the right to make
3 changes in the deposition. If that's what waiving signing
4 and scaling mo:ans. then I'm agreeable to do that. If
5 thaI's what that means.
6 Q So whal's your date of birth?
7 A 6.23.51.
8 Q And your social securily number?
9 A Allthosc that you're asking there were in my
10 Answers to Interrogatories. I believe.
II Q I'm asking yoo for the record.
12 A Well, that is a n:cord. That's signed under"
13 I swon: that thai was the truth, and it's signed.
14 Q What's your social security number, plc:ase?
15 A As Ilold you earlier, that involves private
16 issues, and I don't see that that's rel.:vanl I'm here to
17 answer relevant qUCSIions relevant to this lawsuit, and if
18 you can somehow show me how the: social security number
19 might be relevant, I might be willing 10 answer that. Out
20 I can't trust thaI you'll protect that number. and that's
21 a pretty important number today.
22 Q Are you refusing to answer my qUCSIion? It's
23 yes or no
24 A You're leading mo: I'll answer the question as
25 I SIX iii That was in the Interrogatories You should
Pagc 5
I have filed a malion to dismiss.
2 Q Are you refusing 10 answer the question whal is
3 your social security number. yes or no?
4 A Am I refusing 10 answer that? Are you
5 promising to proll:Ct my privacy?
6 Q I'm not promising anything.
I 7 "If you can'l protcct my pri\'acy, I can'l answer
" ~ thai qucslion.
9 Q You're refusing 10 allll"\\o'\:r the qucslion then,
10 concet'?
II A I have 10 refuse 10 answer thaI qucslion.
12 Q All right, good. HI\'\: you cvcr had your
13 deposition lakcn before?
14 A No.
IS Q Ha\'\: you lx:cn invoh'Cd in any lawsllilS before'?
16 A I have.
P Q You're somewhal familiar with th: kgal
I ~ pf\J\.'CSs"
1'1 ,\ Soltll.'\\hal. )-CS.
:U l.J Are }'ou a law school graduall:?
21 A No.
:: Q Did you lakc Iny law school CIlIlnC:S.!
:J ,.\ No.
24 Q H;a\'\: )'O1l rcprescnll:d )'OUl'S(lf in other leg;al
~s I1l3ttcn'~
Page 2 . Pa~c 5
Multi-I'agc '"
ROBERT D. KLINE
MAY 25,19911
Pagc 12
('ilgc.IO
I ^ 111i1t" ",devanl
I tj An: you n:fu'llI~ 10 uno"'" Ihar'
J ^ Unh:," )OU can shuw n~ !KJI1lC reh:\'anc)'
; Q S.r, numher llIlC,l ~on'l hove 10 show you
~ un)1hinll Numher 1100, if you're Il)'mlllO inlerprellhc
6 Rule. of ()i",ovel)', y"u 'lUlIhllO muke sore you're righl
7 about them Okay?
8 11le que.lllm II, Icllltl( ahoullhc olher
~ lawsu.I' m wllldl you've "''\.'I1lOvo1",d Your answcr i.
\U gomll h' he, okay, I'll Idl you, okay, I'm nOlg"ing 10
II lell you
12 ^ My 0""'(1' II Ihal" ImlcvulIl
I J tj So )ou're nollIomll10 lclllllC, (Om:c!"
14 ^ I' III nOlll.ll"ll to Icll )""
I ~ tj lIa", you evcr mado: a dallll '\Iomll anolller
16 Ind"I~ua1 or v'l1IHY or msur""," ~unlpany for any all"llcd
17 personalln)ury"
18 ^ I ~""'t 1\.'(011 mukl"llo daml agamsl any
I~ IIhur.."" ~omplUlY per '" for pcr!iOf1.ll injury.
10 I) 11010 "huul ill!am,1 af1(llI.:r person or v'l11it)'"
II A Y("'i
21 ') Tdl me about II"""
IJ ^ TIlot'... I mado:. "olm lor IO'h:ab "'-"hlv'l1ts
14 I w"' In IUlIlC )"..... '\111,1100 "',(,I.J..'I1IS mllllC day 'That'.
l~ II., unl) .:Ialm lhall can ...,all mokl"ll agalns! an entilY,
\ Q What ~ounly"
2 A Cumbcrlan~, 1 believe.
) Q Is thaI rclatc~ to the taxicab accidenls?
4 A Yeah, that'. what thaI's aboul. I thought
5 thaI's what you asked.
6 Q Did you seule eilher of Ihose cases?
7 A Yes.
S Q So if 1 wenl over to Cumberland CounlY and
~ s<:arcl..:d lhe l\.'Cords, there would be a l\.'Cord of a lawsuil
\U Robert D. KIi"" versuS Jilney Sc.>fVice, Inc.?
II A Yes, lhere would be.
12 Q Any otht.'t claims for personal injury that
13 you've made Ihal we haven'llalkcd aboUI?
14 A None lhall can rcc,ll.
I~ Q Do you have any mililary service?
16 A Yes.
17 Q Tell me aboullhal.
18 A It's in lhe Inlerrogatories, isn'l it?
19 Q Are you refusing 10 answer thaI question?
20 A Wdl, be spl.'Cific. I'm objecting 10 lhe scope
2\ oflhe question, do you hav'e any military service. \\bal's
22 meant by tha!'1
23 Q Did)'ou ev'cr serve in lhe military?
24 A y.,..
25 Q When?
--~---~._~..__._---
Page II
as you' s~ phrased Ihe quesllOn.
J tj How abouI a busil'lC$s?
I ^ How aboul a busil'lC$s whal?
4 () liaS'\: you made any personal injury claim against
, any busmess"
~ ^ None: Ihall can recall of, other than the case
1 WllldllS Ihe subjccl of this suit.
s tj WI1I:n did the Iwo lasicab accidents lake place'!
v ^ I can'l recall thai. I'm not prepared to
IU answer Ihat quesllon.
\1 I) Do you remember in whal city they occurred?
12 ^ l,.:y occum:d in I'l:nnsylvania. Turnpike.
II tj Where?
t 4 A One was coming oul of the tunnel, was one 10 or
I' ~O nul<< west of Ilmisburg.
I" l) Sam<: laucab company"
I' .\ Yes.
I' I) What company'!
I" ^ JIUll:Y Scrviv-c. IncorporalCd.
=" I) Old you file a lawsulI or dId sonll:body file a
21 lawsull on your bo:half as a rcsuh of elt"''!' of those
,. acctdenls"
:J\ I didn'l file a Compbint
: ~ l) Old you file any p.1pcr to begin a lawsuit'
2\ ^ Yes.
Page 13
A Well. 24 November '70 10 26 June '72. And
2 after that I enlisted in the National Guard. I served
3 from somewhere in '72 10 1976. After that I was in thc
4 5t. Louis Conlrol Group. Reserve Control Group.
5 Q Whal branch of the military did you serve in,
6 other than the National Guard?
7 A National Guard isn't a branch of the mililary
8 pcr sc, I served in the Anny.
9 Q Anything else?
10 A You have 10 ask the questions here, You laId
t I me you're asking them.
12 Q Did you serv~ in any other branch of the
\3 mililary Olher than the Anny?
IJ A No. I did not.
1 ~ Q Did you receiS'e an honorable discharge?
16 A Yes. I did.
17 Q Was thaI 1972'!
18 ^ Well, which time do you mean?
19 Q You were discharged more than once from the
20 AmlY"
12\ "Absolutely.
1.11 Q How many times'!
23 ^ I guess three.
Ib Q Each time it was an honorable discharge!
25 ^ Yes. il was.
IllJOllliS, AtDRIGIIT, FOL 17. &. NATALE
717-540-0220\717-393-5101
Page 10 - Page I ~
~JUN 2 4 1998
IWBI:R I I> "LINE.
I'LAINTIFF
I
I
)
)
)
I
I
)
IN THE ('UURT OF (,UM~IU'"
PLEAS CUMBERLAND
COUNTY, PA CIVIL ACTION -
LAW NO 97-4140
v
EAT 'N PARK RESTAURANTS INC ,
DEFENDANT
PLAINTIFF'S ANSWER TO I>EFENDANT'S MOTION FOR SANCTIONS
PI!RSI'ANT TO PENNS\'l.VANIA RIIl.E OF CIVIl. PROCEDlIRE 4019
AND NO\\'. comes Plainlil1: Ruben 0 Kline, answering Defendants motion as I{lllows
1 Admilled By way uf lunher answer Plainlilf has requesled damages fur a
similar incidenllhat occurred un January 23, 1997 which .....as included in Ihe Complaint
., Admiued
.l Admiued in pan. denied in part It is admiued Ihal Defendanl has !isled dales
of scheduling the deposition of the Plaintilf It is denied Ihal Plaintiffs responses are
allached 10 his mOlion as Defendant's Exhibil. A". By way of funher answer
(a) I \\a' ,ic~ on November 17. 1997 date for depusilion and nOlilied counsel',
secretary ,ia phune that I \\lluld nut be able 10 auend FunhemlOre. Deli:ndam's
counsel ad\'ised \ ia leller that he .....ould need answers 10 interrogatories prior to
depll,ilion. lhus is \\as implil-d th;1l a deposiliun would nol occur Delendanl's request
lor interrllgatories were not completed prior to November 17. 1997
(hi I did not aUend the DecemOcr II. 1997. because I did not receive any wollen
notice
tel I ad\i....-d ora ennl1"l priorI" the F~-bmary~. 11)<.)8 date Ihal was sch~-dul}-d prior
hI Ihcir NOlice of IA'P'"ilil)n Also. fl)r clarity of communicalion. since my phone
requesl ~'lll\."d tn he ignoll-d. I had ad, ised Ihem in wriling hy leller dated February J.
1'/1111. inler alia. that I \\I\lald 1\<11 be ahle I,) allend a dt'fl\)sitilll1 al th\:ir ollke due 10 the
allclgi.: IC;II:tion th;1I I C\PCI iCllccd on Novcmber Ill, 19<)7 when 1 was therc ti,r John
Cino's dCPllsition Allached as hhibil "A" is a copy oflhat leller
(dl ('ounscl. arbitntril~' \\ithllut ;II1Y allempl al coordimllion with me schedulcd m~'
dCPI"ition ti,r Febmary II, 1111/l!;1I his nllice, dcspite my rcpealcd phonc calls and my
leller of Febmary 1. Il)lll! c\plaining my posilion and ol1ering an altcrnalive locatioll
thai \\as suitable 10 mc as till' as cllvironmenl was conccrned I did not allcnd Ihis
deposilion
(el I did nol allend the April 24. 19<)8, scheduling of deposition as I advised his ollice
prior and again explained my posilion By leller daled April 30, 1998 I explained in
\\filing lhal 1 did nol think il fair that I drive 10 \'arious locations 10 lesl the
en\ illlllment of Ihe ol1ke I," proposed deposilions I did suggesl Ihe counhouse al
f'arlioJc as I dnn'l h.1\'C allcr~ir rl'arlinns tn it Ocfendant', cnun,c1 nevcr callcd OIl' amI
had any discussion. Ihe al"remenlioned leller nOlwilhstanding Allached as Exhibit "BOO
is a copy of lhe aforemenlioned leller
(I) PlainlilT did a!lend a dcposilion as ordered by Ihis ('oun al counsel's ollice 011 May
2~. l'llJll Counsel terminall'tllhe deposilion early apparently in response 10 a queslion
ask Ihe PlainlilT in regards 10 medical ion
4 Admilled in pan II is spl'Cifically denied thaI Delenanl's Exhibit "BOO is a copy
ofa Oel-ember lb. 1Q97 bill for a no show
~ Admitted
b Admitted in pan. denied in pan It is admitted lhal Ihe PlainlilT attended a
deposition. lhal he slaled Ihal 0\ I.'r-lhe-counler allerllY medicine laken would more Ihan
likeI\" al1~t menIal al"llily and rl"pon~, that he relused to answer certain lllleslions and
lhal Dcli:ndanl cancded Ihe dl'Jl<lsilion It is denied lhal he was in ,ny \\ ay
ullCllIlJ'lCfati\l.'. ditlicult and e\3siw By' way of further answer, PlainliITbel~,es lhallhe
mles (If I"llCNure 1"1'\ idl.' lill 'luestillns lhal are objected hI and lhal lhe pfll~1
pfllCl'tIurl.' \\011111 be lolile a I\lOlillfl hI dismiss llbj~tions or in lhe alternalive. have Ihe
Coun "ppoinl a masler Delcnd"nl's counsel chose nol 10 Funhermore, once "gain.
Delcnd.tnl's counsel did nol in illlY way cooperale wilh "I"inlill" and slipul"le Ilml
ohjeclions \\lIllld he preserH',1 ul1lillhe lime oflrial Ifhe \\ould hiwe communi.olled Ih"l
idea. inlilflnalion would h,,\'C IlImed Ir~'Cly In facI. Plaintil1' wanled 10 slipulale, bUI
counsel, as \\fillen in Ihe transcripl. relused 10 go off Ihe record and discuss anylhing
Funhermore, once again, he has lisl~'ll Ihis case for Irail wilhoul any communicalion or
concurence with Ihe Plaintill.
7 Admilled in pan It is admilled lhal Ihe rules of civil procedure are as wrinen
in 11.:!;..ndalu's Paragrilph (71 III"H'\ cr. lhe implicalion Ihal Ihe I'lainlil1' nliled III make
discovery or 10 obey an order of Ihe coun respecling discovery is denied By way of
lunher answer. Plainliff made an honesl good faith anempl, in spite of his documenlable
health condilion. while anemplinglo prolect his righls as Plainliff wilh regards 10 certain
maners lhal were irrelevant, nOI likely to lead 10 discoverable informalion or 10 which
Delendanl already had ans\\ers 10
8 Admined in pan. denied in part It is admined lhal for one reason or aoolher
Plainlill" did 001 allend earlier scheduled depositions It is funher admined lhal over lhe
cllunl.... alkrgy medicine \\ould "Heel his abilily 10 perceive and respond 10 queslions.
hO\\C\'er. by way of funher anS\\cr. Plaintilf is willing 10 be cross-examined al lrial and
also ~ willinlllo submillO depl.1silion allhis counhouse al a laler time prior 10 Irial It
is deni.'lllhallhe Plainliffwas uncooperali\e. argumenlali\'e and coy or lhal his heha\.ior
was conslrucli\'e failure of 3 coun order, hut was behavior manifesl of one prolecting his
righls "orl-ing wilh an uDCoopl:rali\c inlCITogalor Indeed. Plainlill" can't conlrollhe lacI
lhal he has allergies and sh..lUld nol be arbilrarily discriminated 19ainsl or suO" prejudi.:e
beca~ \If il It is lunher deni.'\J Ih31 Plaintiff sh..lUId be required 10 be sanctiol1\.'\J Illr lhe
.
(Kobl.'I1ls incurred in deposin!,l him as ,'l.lunsel lOr Oefendanl and/or his ollke is
te1oJlll/1sibk lilf any liilur.'1i lhal nliglll have occurred in discovl:!)' of inlilflllalill/t
te\certing Plaintilfs medical clllldllionlthat is lhe subjecl of Oel'endant's I11\ltKl/\ The
RR 2. Box 2080
McClure, PA 17841
February 3, 1998
Mr Slephen E Geduldig EStI c/o
Thomas, Thomas & Uafer
305 North Fmnl Slreel
Sixlh Floor
POB 999
Uarrisburg, P A 171 08
Re: Plainlil1's Inluroyatories
Directed to Defendanl and
proposed deposilion
Robert D Kline v. East' N Park Resl Inc
Civil Action - Law 97-4140
Dear Sir.
Enclosed and served upon you in Ihe above-caplioned aClion please find an original of
'Plainlill's Imerrogalories Directed 10 Defendanl" Please provide answers and return
within 30 days of lhe dale of seJ'\.jce
Additional!)', I will 001 be able 10 allend a deposilion in your office as per your letter of
February 3. 1998. 1 have a conflict on that day and. funhermore. your office causes some
Iype of allergic rcaclion 10 me which creales stuffiness and tearing. 1 will call you in lhe
near fulure 10 attempt to arrange an allernative location which may be suitable to you 10
provide a deposilion.
Sincerely,
ROOet1 0 Kline
P1aintitT
717.M8-344S
.
EXHIBIT II A u
RR 2, BOll 20110
McClure, PA 17K41
April 30, 19911
Mr. Stephen E. Geduldig Esq. clo
Thomas, Thomas &. Hafer
305 North Front Street
Silllh Floor
POD 99')
Harrisburg. PA 17108
Re: Deposition scheduling and local ion
Robert D. Kline v. Easl' N Park Resl Ine
Civil AClion - Law 97-4140
Dear Sir:
Today I r~'Cei\'ed oolice ofa deposilion requesled by you. As I have lold you and/or your
secretari~"S al various limes. I will oot sllend a deposilion It Hughes Albrighl. Fohz &.
Nalal.: I alllll1y"itied as 10 \Iohy you would arbilrarily go ahead and conlinue 10 s.:hedule
allhal local ion As you know, I had ClIplained in lhe past thaI 1 had an allergic reaclio"
"hile in your ollice and ask Ihal you and/or your secretary call me 10 discuss a localio"
lhal is Illulually suilable for a dcposilion I do 001 Ihink il fair to me lhal I drive 10 \ariuu_
local ions. such as Hughes Albrighl, Follz &. Nalale, lhal are of unknown envirOlull..,Il.d
qualily so lhal we may lesl whether I react. Nevertheless. you have failed to call and
discuss location and, accordinyly, I sullllest lhe courthouse al Carlisle It is tar mule
rea5Unablc 10 schedule lor a local ion lhat I reasonably believe lhat I will nOI reael 10 The
deposilion you mosl recenlly scheduled is to occur on May 8. 1998 Untortunaldy, I "Ill
be OUI orlbe stales at thaI lime Enclosed is a copy of my airline licketlbr your pc:rusal I
may be able 10 oblain counsellor a deposilion the following week. I will call1he wed. Ill'
May II, IWS 10 advise or, in the a1lernative. feel free to call me.
Sincerely,
i/)(()J;H2:.
Raben D Kline
Plaintiff
.
.
.
EXHIBIT 11
B
"
;
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~ !
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..., ."
0
.. ':J
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"
-)
in
. .
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..,J ....
Stephen E. Geduldig, &qui..
Attorney 1.0. No. 43530
THOMAS, THOMAS & HAFER, LLP
305 NOIlIl Fronl5nel
POll 0llIca Box 899
H.ITiIburg, Plnnly!v.nl. 17108
(717) 237.7100
E-MlH: sea@tthlaw.com
AItomeyIIor DIIendInl:
EArN PARK RElTAURAHTll,INC.
ROBERT D. KLINE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
v.
NO. 97-4140
:
EAT'N PARK RESTAURANTS, INC., :
Defendant
DU'JDIDAN'l" S DSllONSI TO PLlUHTIIT'S MenlO. lOR SAHCTIo.S
AND NOW, comes Defendant, Eat'n Park Restaurants, Inc.,
(~Defendant"l, by and through its attorneys, Stephen E. Geduldig,
Esquire and Thomas, Thomas' Hafer, LLP, and responds as follows:
1. Denied as stated. The Complaint speaks for
itself.
2. Admitted.
J. Admitted.
4. Admitted in part, denied in part. It is admitted
that Plaintiff showed up for the Cino deposition at the
appointed date and time. The remaining averments of paragraph 4
of Plaintiff's Hotion are denied pursuant to Rule 1029(e).
5. Denied pursuant to Rule 1029(e).
Mr. Kline's home on this occasion and there was not en enswering machine in operation on
which I could leave a message. I verify that the statements in this Affidavit are true and
correct. I understand that false statements herein are made subject to the penalties of 1 B
Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
/