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Home My WebLink About03-0508 Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SIDPMAN, P.C. 320 Market Street P. 0. Box 1268 Hanisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiffs LARRY WARNER and JOINETTAE. WARNER. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs No. 03 - ScR C'Ol(~~ KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 2 Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SIllPMAN, P.C. 320 Market Street P. O. Box 1268 ~sburg,PJ\ 17108-1268 (717) 234-4161 Counsel for Plaintiffs LARRY WARNER and JOINETTA E. WARNER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : No. 03 - scJ> C;u'll~~ KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants COMPLAINT AND NOW, come the Plaintiffs, by their attorneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Plaintiffs Lany Warner and Joinetta E. Warner are adult individuals residing at 414 East Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendants Kristoffer and Lindsay Hogan are adult individuals residing at 60 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 3. In April, 2001, Defendants Kristoffer and Lindsay Hogan were tenants in a building owned by Plaintiffs Warner located at 1877 Spring Road, Carlisle, Cumberland County, Pennsylvania. 4. On or about April 26, 2001, a fIre occurred at the Spring Road property due to the negligence and carelessness of the Defendants, that caused extensive property damage. 5. Defendants Hogan were negligent in that they: a. left a candle unattended; b. placed the candle in a position where when it fell over, combustible materials were nearby to fuel a fIre; c. placed the candle in an area where the activities of children could result in the candle falling; and d. Failed to monitor the activities of young children to keep them away from the candle. 6. As a direct result of this negligence, extensive damage was caused to the building, necessitating repairs and loss of rent with a value of nearly $90,000. WHEREFORE, Plaintiffs demand Judgment against the Defendants in an amount in excess of $25,000, together with interest and cost of suit. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~.2k Thomas E. Brenner, Esquire Attorney LD. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs Date: ,hi/C) 82686.1 4 VERIFICATION We, Lany and Joinetta E. Warner, verify that we have read the foregoing Complaint and hereby affIrm that it is true and correct to the best of our personal knowledge, or information and belief. This Verification and statement is made subject to the penalties ofl8 Pa.C.S. ~4904 relating to unsworn falsification to authorities; we verify that all the statements made in the foregoing are true and correct and that false statements may subject us to the penalties of 18 Pa. C.S. ~4904. /" b'~W~ Lany arner Date: ~ ~ }JCU/1LL- Joi tta E. Warner f-.J (J ~ t- In #- ~ - \'" l{ C) IN ~ D c ...c: ~ -" C"1 ~ {I'- ) w --.. fY r- r =2 , .. :=~ _0 --;- 0-' '---z ,,---- SHERIFF'S RETURN - REGULAR CASE NO: 2003-00508 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WARNER LARRY ET AL VS HOGAN KRISTOFFER M ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOGAN KRISTOFFER M the DEFENDANT , at 1555:00 HOURS, on the 4th day of February, 2003 at 60 EAST LOUTHER STREET APT 1 CARLISLE, PA 17013 by handing to LINDSAY HOGAN, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 ?' rg~:;,,~~/~ R. Thomas Kline 02/05/2003 GOLDBERG KATZMAN SHIPMAN Sworn and Subscribed to before By: me thi s 1 ~ day of J-LL" ~'1 J.trQ3 A.D. Q7"" Q. fhdC1d~ . Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-00508 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WARNER LARRY ET AL VS HOGAN KRISTOFFER M ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly Sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOGAN LINDSAY DEFENDANT the at 60 EAST LOUTHER STREET , at 1555:00 HOURS, on the 4th day of February, 2003 APT 1 CARLISLE, PA 17013 by handing to LINDSAY HOGAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavi t Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~--:",,-=.:.?,,:,-:;.'<" r ...~~~f~:'" <- R. Thomas Kline ~~. ~#;~ '" Sworn and Subscribed to before By: 02/05/2003 GOLDBERG KATZMAN SHIPMAN <&- me this] ~ day of :1t);( ~:~J~ A.D. .. ~rothonotary' 'fPJ LARRY WARNER and JOINETT A E. WARNER, Plaintiffs v. KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants II . I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY j PENNSYL VANIA : No. 03-508 : CIVIL TERM NOTICE TO PLEAD TO: Larry Warner and Joinetta E. Warner Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 You are hereby notified to file a written response to the enclosed A,swer to Plaintiff's Complaint with New Matter within twenty (20) days from service hereof ~r a judgment may be entered against you. ? / Karl E. Rominger, Esq ire 155 South Hanover Str et Carlisle, P A 17013 i (717) 241-6070 ! Supreme Court ID # 8 ]~' 924 Attorney for Defendan s LARRY WARNER and JOINETTA E. WARNER, Plaintiffs : IN THE COURT OF COMrjON PLEAS OF : CUMBERLAND COUNTYI PENNSYL VANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW, comes the Defendants by their attorneys Rominger & ijayley who states: 1. Admitted. 2. Admitted. 3. Admitted. 4. Requires no answer insomuchas it states a conclusion of laW] By way of further answer, if an answer is deemed required, it is denied and stri4t proof of the same is demanded at trial. 5. A. Denied and strict proof of the same is demanded at trial. B. Denied and strict proof of the same is demanded at trial. C. Denied and strict proof of the same is demanded at trial. D. Denied and strict proof of the same is demanded at trial. 6. Requires no answer insomuchas it states a conclusion of law. By way of further i answer, if an answer is deemed required, it is denied and stric proof of the same is demanded at trial. WHEREFORE, Defendants demand judgment against Plaintiffs alon with reasonable 13. 14. attorney fees and costs of the suit. NEW MATTER 7. Previous paragraphs are incorporated by reference. 8. i ! The Plaintiff's claims are barred by the applicable statute of I I imitations. Plaintiff has failed to state a claim against the answering de~ndant upon which i 9. 10. relief can be granted. i The alleged negligence of answering defendant being speci1CallY and unequivocally denied, was not the proximate cause of the allfged injuries to the I ~~ff I i The alleged incident and injuries to the Plaintiff, if any, wer, proximately caused by parties other than the answering defendant, includ~ng both parties and I non-parties to this litigation, over which the answering defefant had no control or right to control. Plaintiff at all times materially hereto was guilty of contributrry negligence, such negligence being the proximate cause of the fire, the in1ident, and the injuries to plaintiff and plaintiff's property and chattel; therefre, plaintiff's claim is barred or in the alternative diminished in accordancel with the I I Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. S i102. At all times material hereto, answering defendant acted re+bIY, properly, and prudently and at no time was negligent. I At all times material hereto, answering defendant acted reaso ably, properly, and prudently and did not act intentionally or recklessly. 11. 12. 18. 19. 15. In the alternative, if any responsibility on the part of the ansrering defendant is found to exist, the same being specifically and unequivocally denied, such i negligence, reckless or willful conduct was not the proxima~e cause of ! 16. plaintiff s injuries. Plaintiff s injuries, if any, the same being specifically and tequivocally denied, were the sole and proximate result of the then existi~g conditions of the I property, and not related in any manner whatsoever to any a1t or omission of the i answering defendant. 17. , i I It is believed, and therefore averred, that discovery will sho~ that the plaintiff i , voluntarily assumed a known risk, thereby barring recovery, ry the operation of the doctrine of Assumption of Risk, insomuch that Plaintiff'1 property was a fIre hazard and in imminent risk of being burnt or damaged by refult of fire, I I I incendiary or otherwise or by other means. I I Plaintiff s contributory negligence included but was not limi~d to the , I following: i I a. Plaintiff allowed its property, if any, to fall into disre~air. b. The stmcture was not equipped to prevent the spread ~f the fire nor I i I i The property was maintained in a manner so as to cre~te an unreasonable I I Defendants adequately supervised their child at all times and ~id not allow the maintained in a manner intended to do so. c. risk of fire. child to play with or utilize the candle. 20. 21. 22. The candle caused the fire when it rolled off of a table, whi9h was caused by a chair striking the table, which was in fact knocked over by ~e child when the i child tripped, and the candle being improperly designed by .~e manufacturer I then rolled a long distance, whereupon the fire flared up wit great speed. The Rube Goldberg like sequence of events afore described, I was not foreseeable to Defendants and thus Defendants did not violate any duty. I The improper manufacture of the candle was a superseding i tervening cause which would barr Plaintiffs from recovery against Defenda s. WHEREFORE, the answering Defendants respectfully requests tha judgment be entered in their favor and against Plaintiffs and that answering Defendants ~e awarded appropriate costs and fees. I ! I I I i Respectfully sUbmitted~ i I , ! ---7 ~ i " Karl E. Rominger, Esq ire 155 South Hanover Str et Carlisle, P A 17013 (717) 241-6070 i Supreme Court ID # 81~24 Attorney for Defendantf i Date: (/ -' ! 0 - 0 J LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTYl PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM VERIFICATION I verify that I am the petitioner and that the statements made in the ~oregoing Petition I are true and correct. I understand that false statements herein are made sub1ect to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Date:~ L~ :Jd7J~ Lf{,~ LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMj10N PLEAS OF ~ CUMBERLAND COUNT ~ I' PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby C4rtify that I this day served a copy of the Answer to Plaintiff's Complaint and New Matter up~n the following by depositing same in the United States Mail, fIrst class postage prepaid, at ctlisle, Pennsylvania, addressed as follows: ~ ::; IGirU:Rominger, Es uire Attorney for Defend ts / Dated: April 10, 2003 C) c-- '.',..., l:_~' ,.- ) :-:> ~.. :- Tl ,) j:; .-J -< LARRY WARNER and JOINETT A E. WARNER, Plaintiffs , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, RENNSYL VANIA v. : No. 03-508 KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of both Defendants in the abovt captioned case. i I Respectfully submitted, L ROMINGER & BA YLf Y , --7 / KarrE. Rominger, Esqu' e 155 South Hanover Stre t Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81 Attorney for Defendants Date: April 10, 2003 (") ~~ "D,.. ~';I~> ~,~; ~ ~~; c::. 0<:::":'" :i~: c::' (..;; ;":;,.. c:.-. :'.,J .. ',) en LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-508 v. KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days ai1:er this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM JOINDER COMPLAINT OF DEFENDANTS AGAINST S.C. JOHNSON & SON. INC. AND NOW, comes the Defendants by and through their attorneys Rominger & Bayley and respectfully sets forth the following cause of action: 1. The above referenced matter commenced by a filing of Complaint on February 3, 2003, with a true and correct copy ofthe same being attached hereto as Exhibit "A". 2. Defendants, Kristoffer M. Hogan and Lindsay Hogan tiled an Answer with New Matter against the Plaintiffs Complaint on or about April 10, 2003, with a true and correct copy of the same being attached hereto as Exhibit "B". 3. The additional Defendant, S.C. Johnson & Son, Inc., is a corporation doing business in Pennsylvania, and headquartered at 1525 Howe Street, Racine, Wisconsin 54303. The fire complained of by Plaintiffs occurred as a sole result of the negligence of additional Defendant, S.C. Johnson & Son, Inc., and was not the result of any failure to act, on the part of Defendants. 4. S.C. Johnson & Sons, Inc., is the maker, manufactuf(~r and provider of Glade candles, and it was the negligent and defective design of said candles which were the direct and proximate cause of the fire in question. 5. The negligence of the additional Defendant, S.C. Jolmson.& Son, Inc., consists of the following: (a) Failing to properly design the candle holder/encasement in such a way that it would not roll when knocked over; (b) Failing to place an adequate base on the base of the candle holder, so as to keep the candle from tipping over and rolling; (c) Creating a candle which would continue to function and burn when tipped over; (d) Failing to devise a bowl or other enclosure for the candle which would not roll more than a few inches after falling over; and (e) Was otherwise negligent as will be shown at trial. 6. The additional Defendant, S.C. Johnson & Sons, Ine., is, or maybe, liable over to Defendants and/or is, or may be, jointly and severally liable with Defendants on the Plaintiffs cause of action and is joined as an additional Defendant herein for indemnity and/or contribution should any allegations in Plaintiffs' Complaint as to Defendants, whj~ch allegations are expressly denied by Defendants, should be proven to be true at the time of trial, and such other further relief to which Defendants may be entitled under law. WHEREFORE, for the foregoing reasons, Defendants respectfully pray that judgment entered in their favor and against all other parties hereto. Respectfully submitted, ROMINGER & BAYLEY .:2-~- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, FA 17013 (717) 241..6070 Supreme Court ID # 81924 Attorney for Defendants LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby certify that I this day served a copy ofthe Joinder Complaint of Defendants Against S.c. Johnson & Sons, Inc. upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 /-~ Karl E. Roming'~r, Esquire Attorney for Defendants Dated: Thomas E. Bremter, Esquire I.D. #32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiffs - - LARRY WARNER and JOINETTAE. WARNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. OJ - ,~()i) e"~l~~ KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the. Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue . Carlisle, PA 17013 'i. fi~ n:: I"r',~}\ ~ f>':~~r..\" ~E<X>RO 1-800-990-9108 ' :'\\'.. ~r \.._1, , { : ,..,"1, t.. '. !'I ,. .". ,.... ' , ~~ nt'l M!'lv l- ""A~'li":-.5: ,",,~,,'-" ,,-0.1\"'''1 .~$ :-:~' -'_--~'~'-J'-,:-,'~" ,.' :_,.~ J',' r':',t""t.#t<~ ~ .,........A'......"'...+-~....~' ., ",.i ....,,:.:;:;.U. 1'.... ..""'~ ':..:'JO;, ';~-1.. ,. " t:'. _J!-~ ." ., .~. ~ --+-- ~~~:e~9V~M~~ .--~~(;~;;011IJt3ry fI- ,I I NOTICIA Le han demandado a usted en la corte. Si usted quierc:: defel1lderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende:, la sin previo aviso 0 notificacion y por cualquier quja- 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMAND A A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICI0, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 2 Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SmPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg. P A 17108-1268 (717) 234-4161 Counsel for Plaintiffs - - LARRY WARNER and JOINETTA E. WARNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : No. KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants COMPLAINT AND NOW, come the Plaintiffs, by their attorneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Plaintiffs Larry Warner and Joinetta E. Warner are adult individuals residing at 414 East Old York Road, Carlisle, Cumberland County, PeImsylvania. 2. Defendants Kristoffer and Lindsay Hogan are adult individuals residing at 60 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 3. In April, 2001, Defendants Kristoffer and Lindsay Hogan were tenants in a building owned by Plaintiffs Warner located at 1877 Spring Road, Carlisle, Cumb.erland .. County, Pennsylvania. 4. On or about April 26, 2001, a fire occurred at th.e Spring Road property due to the negligence and carelessness of the Defendants, that i;;aused extensive property damage. 5. Defendants Hogan were negligent in that they: a. left a candle unattended; b. placed the candle in a position where wltien it fell over, combustible materials were nearby to fuel a fire,; c. placed the candle in an area where the activities of children could result in the candle falling; and d. Failed to monitor the activities of young children to keep them away from the candle. 6. As a direct result of this negligence, ext(msive damage was caused to the building, necessitating repairs and loss of rent with a vallue of nearly $90,000. WHEREFORE, Plaintiffs demand Judgment against the Defendants in an amount in excess of $25,000, together with interest and cost of suit. By: GOLDBERG, KATZMAN & SHIPMAN, P.C. ,,~7 )/) (~.(~ Thomas E. Bn:nner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaint!ffs Date: I /3i Ie) 82686.1 4 VERIFICA nON We, Larry and Joinetta E. Warner, verify that we have re:ad the foregoing Complaint and hereby affIrm that it is true and correct to the best of our personal knowledge, or information and belief. This VerifIcation and statement is made subject to the penalties ofl8 Pa.C.S. ~4904 relating to unsworn falsifIcation to authorities; we verify that an the statements made in the foregoing are true and correct and that false statements may subject us to the penalties of 18 Pa. c.s. ~4904. .......'\ {/~~ J'.J~u- Larry arner ~ L),lu/lL<-. J oi tta E. Wamer Date: LARRY WARNER and JOINETT A E. WARNER, Plaintiffs v. KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA C) c.. : No. 03-508 L : CIVIL TERM ..~ NOTICE TO PLEAD TO: Larry Warner and Joinetta E. Warner Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Complaint with New Matter within twenty (20) days from service: hereof or ajudgment may be entered against you. ~/ ./ /,.. .------.-----..... i;'-/o -oj Karl E. Rominger, Esquire 155 Sou1th Han.over Street Carlisle, P A 17013 (717) 241-6070 Supreme: Court ID # 81924 Attorney for Defendants /' // LARRY WARNER and JOINETTA E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM ANSWER TO PLAINTIFF'S COMPLA][NT AND NEW MATTER AND NOW, comes the Defendants by their attorneys Rominger & Bayley who states: 1. Admitted. 2. Admitted. 3. Admitted. 4. Requires no answer insomuchas it states a conclusion of law. By way of further answer, if an answer is deemed required, it is denied and strict proof of the same is demanded at trial. 5. A. Denied and strict proof of the same is demcmded at trial. B. Denied and strict proof of the same is demanded at trial. C. Denied and strict proof of the same is demanded at trial. D. Denied and strict proof of the same is demanded at trial. 6. Requires no answer insomuchas it states a conclusion of law. By way of further answer, if an answer is deemed required, it is denied and strict proof of the same is demanded at trial. WHEREFORE, Defendants demand judgment against Plaintiffs along with reasonable attorney fees and costs of the suit. NEW MATTER 7. Previous paragraphs are incorporated by reference. 8. The Plaintiff's claims are barred by the applicable statute of limitations. 9. Plaintiff has failed to state a claim against the answe:ring defendant upon which relief can be granted. 10. The alleged negligence of answering defendant being specifically and unequivocally denied, was not the proximate cause of the alleged injuries to the Plaintiff. 11. The alleged incident and injuries to the Plaintiff, if any, were proximately caused by parties other than the answering defendant, including both parties and non-parties to this litigation, over which the answering defendant had no control or right to control. 12. Plaintiff at all times materially hereto was guilty of contributory negligence, . such negligence being the proximate cause of the fire, the incident, and the injuries to plaintiff and plaintiff s property and chattel; therefore, plaintiff s claim is barred or in the alternative diminished in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. S 7102. 13. At all times material hereto, answering defendlant acted reasonably, properly, and prudently and at no time was negligent. 14. At all times material hereto, answering defendant acted reasonably, properly, and prudently and did not act intentionally or recklessly. 15. In the alternative, if any responsibility on the part ofth(: answering defendant is found to exist, the same being specifically and wlequivocally denied, such negligence, reckless or willful conduct was not the proximate cause of plaintiffs injuries. 16. Plaintiff s injuries, if any, the same being specHically and unequivocally denied, were the sole and proximate result of th~~ then existing conditions of the property, and not related in any manner whatsoe'ver to any act or omission of the answering defendant. 17. It is believed, and therefore averred, that discovery will show that the plaintiff voluntarily assumed a known risk, thereby barring recovery, by the operation of the doctrine of Assumption of Risk, insomuch 1hat plaintiffs property was a fire hazard and in imminent risk of being burnt or dlamaged by result of fire, incendiary or otherwise or by other means. 18. Plaintiffs contributory negligence included but was 110t limited to the following: a. Plaintiff allowed its property, if any, to fall into disrepair. b. The structure was not equipped to prevent thc~ spread of the fire nor maintained in a manner intended to do so. c. The property was maintained in a manner so as to create an unreasonable risk of fire. 19. Defendants adequately supervised their child at all times and did not allow the child to play with or utilize the candle. 20. The candle caused the fire when it rolled off of a ta.ble, which was caused by a chair striking the table, which was in fact knocked over by the child when the child tripped, and the candle being improperly designed by the manufacturer then rolled a long distance, whereupon the fire flared up with great speed. 21. The Rube Goldberg like sequence of events afore descri,bed, was not foreseeable to Defendants and thus Defendants did not violat,e any duty. 22. The improper manufacture of the candle was a superseding intervening cause which would barr Plaintiffs from recovery against Defendants. WHEREFORE, the answering Defendants respectfully requests that judgment be entered in their favor and against Plaintiffs and that answering Defendants be awarded appropriate costs and fees. RespectDllly submitted, ---7 , . ~/..... --- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle" PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants Date: (/./ 10 - () J LARRY WARNER and JOINETI A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM VERIFICATION I verify that I am the petitioner and that the statements made i.n the foregoing Petition are true and correct. I understand that false statements herein are ma.de subject to the penalties of 18 Pa. C. s. 9 4904, relating to unsworn falsification to authorities. Date:+tl /0 :M1J.~ / ./~~ Lindsay ii2gan LARRY WARNER and JOINETTA E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-508 v. KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger. Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Answer to Plaintiff's Complaint and IVew Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: ~/- / /' ./ Karl I~1inger, Esquire Attorney fOJr Defendants Dated: April 10, 2003 :.;;....... ..F () ~~. ~0'-L~::I. -, .j ~ '..> f::> -'-:' -n 1 f (""..) o ~II I ::] ~~~ .';::1 .J , (- j : (/ _~-7_~ ROBERT S. McFARLAND and JOSEPH A. OWSLEY, Plaintiffs v. YEZIKA SERRANO-UGALDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : NO. 03-145 CERTIFICATION OF ADDRESS Pursuant to Berks County Rule 381(a)(6)(iv), I hereby certify that the following are the parties to be served with the Order in the above matter:: Robert P. Snyder, Esq. ROBERT P. SNYDER & ASSOCIATES 128 Ivy Lane King of Prussia, PA 19046 Date: 3 /oJ.,~ . Robert L. Goodman, Esquire FORRY, ULLMAN, ULLMAN & FORRY, P.c. 540 Court Street, P.O. Box 540 Reading, P A 19603 ROBERT S. McFARLAND and JOSEPH A. OWSLEY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW v. : NO. 03-145 YEZIKA SERRANO-UGALDE, Defendant STIPULATION OF COUNSEL It is hereby Stipulated and Agreed between counsel of record, by and on behalf of their respective clients, that Paragraph 5(g) of the Complaint filed by the Plaintiffs in the above- captioned matter shall be modified to read as follows: "(g) Failing to comply with 75 Pa.C.S. S 3310 by following too closely." The remainder of the Complaint shall be unchanged. LLMAN, ULLMAN & FORRY, P.c. By: -- OBERT L. GOODMAN, ESQ. I.D. #39795 540 Court Street, P.O. Box 542 Reading, P A 19603 (610) 777-5700 Attorneys for Defendant By: ROBERT P. SNYDER & ASSOCIATES ROBER~~~SQ~ I.D. #15367 128 Ivy Lane King of Prussia, PA 19406 610-265-8050 Attorneys for Plaintiffs ROBERT S. McFARLAND and JOSEPH A. OWSLEY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW v. : NO. 03-145 YEZIKA SERRANO-UGALDE, Defendant CERTIFICATE OF SERVICE I, ROBERT L. GOODMAN, ESQ., certify that on the date indicated below, I served a true and correct copy of a Stipulation of Counsel with proposed Order upon the following counsel of record, by depositing same in the United States mail, first-class, postage prepaid, addressed as follows: Robert P. Snyder, Esq. ROBERT P. SNYDER & ASSOCIPlTES 128 Ivy Lane King of Prussia, P A 19406 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorit' Date: :J/~U) n ~~ -cJ\:. (i'f.. . -7 _.0; ..r.-.. ~ ~;, j '" " ~~; < S~. ~~ ::~~' ).""> c: -:? ::::j -<', :1 ,) CO "i: -~ LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LIND SA Y HOGAN, Defendants : CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LIND SA Y HOGAN, Defendants : CIVIL TERM JOINDER COMPLAINT OF DEFENDANTS AGAINST S.e. JOHNSON & SON. INC. AND NOW, comes the Defendants by and through their attorneys Rominger & Bayley and respectfully sets forth the following cause of action: 1. The above referenced matter commenced by a filing of Complaint on February 3, 2003, with a true and correct copy of the same being attached hereto as Exhibit "A". 2. Defendants, Kristoffer M. Hogan and Lindsay Hogan filed an Answer with New Matter against the Plaintiffs Complaint on or about April 10, 2003, with a true and correct copy of the same being attached hereto as Exhibit "B". 3. The additional Defendant, S.C. Johnson & Son, Inc., is a corporation doing business in Pennsylvania, and headquartered at 1525 Howe Street, Racine, Wisconsin 54303. The fire complained of by Plaintiffs occurred as a sole result of the negligence of additional Defendant, S.C. Johnson & Son, Inc., and was not the result of any failure to act, on the part of Defendants. 4. S.C. Johnson & Sons, Inc., is the maker, manufacturer and provider of Glade candles, and it was the negligent and defective design of said candles which were the direct and proximate cause of the fire in question. 5. The negligence of the additional Defendant, S.C. Johnson & Son, Inc., consists of the following: (a) Failing to properly design the candle holder/encasement in such a way that it would not roll when knocked over; (b) Failing to place an adequate base on the base of the candle holder, so as to keep the candle from tipping over and rolling; (c) Creating a candle which would continue to function and burn when tipped over; (d) Failing to devise a bowl or other enclosure for the candle which would not roll more than a few inches after falling over; and (e) Was otherwise negligent as will be shown at trial. 6. The additional Defendant, S.C. Johnson & Sons, Inc., is, or maybe, liable over to Defendants and/or is, or may be, jointly and severally liable with Defendants on the Plaintiffs cause of action and is joined as an additional Defendant herein for indemnity and/or contribution should any allegations in Plaintiffs' Complaint as to Defendants, which allegations are expressly denied by Defendants, should be proven to be true at the time of trial, and such other further relief to which Defendants may be entitled under law. WHEREFORE, for the foregoing reasons, Defendants respectfully pray that judgment entered in their favor and against all other parties hereto. Respectfully submitted, ROMINGER & BAYLEY ./~ ~ ---. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM CERTIFICA TE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Joinder Complaint of Defendants Against S.e. Johnson & Sons, Inc. upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 /- ---..... Dated: Karl E. Rominger, Esquire Attorney for Defendants Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SlDPMAN, P.C. 320 Market Street P. O. Box 1268 Hanisburg. P A 17108-1268 (717) 234-4161 Counsel for Plaintiffs . LARRY WARNER and JOINETTAE. WARNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. OJ - ~DP (Jtod~~ KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the'Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue . Carlisle, P A 17013 .....;,.. ~ (' r..f", ~). ~ t:.: i;1 ~.,..:. \fl t1 ECORO 1-800-990-9108 ~ r't.....;. \..;",..l, , t : ,,,Al t. . <"l '. .. ...,. " "'""~ In\I ...'n.... J~"'; .'-..'~A..'."-. "~:-~, ">,t: ~,,' '," .. ~.J\ lIT"} f'f,C( .~. ~::k _i't.W,_H, ~'.'-~'. ",. -',,', ~_ ,:~' ~,' r":.""J_~!I'-i n.... .,.<(., .~'...~"""'~"..'~'" .'.'.'......' .""""';;~'. ra. ." . .';U:C' . .., . !"~\ ~.j ". . D~T' ~;~ _._~._- ~ -J.- ~'~'e- e,---- ~2i.:(~~ ~':::~ hom:muy /1- NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja- 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SINO TIENEELDINERO SUFICIENTEDEPAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAlO PARA A VERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 2 Thomas E. Brenner, Esquire LD. ##32085 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P. O. Box 1268 f.Wnnsb~.PJ\ 17108-1268 (717) 234-4161 Counsel for Plaintiffs . - LARRY WARNER and JOINETTA E. WARNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : No. KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants COMPLAINT AND NOW, come the Plaintiffs, by their attorneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Plaintiffs Lany Warner and Joinetta E. Warner are adult individuals residing at 414 East Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendants Kristoffer and Lindsay Hogan are adult individuals residing at 60 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 3. In April, 2001, Defendants Kristoffer and Lindsay Hogan were tenants in a building owned by Plaintiffs Warner located at 1877 Spring Road, Carlisle, Cum~erland .. County, Pennsylvania. 4. On or about April 26, 2001, a fire occurred at the Spring Road property due to the negligence and carelessness of the Defendants, that caused extensive property damage. 5. Defendants Hogan were negligent in that they: a. left a candle unattended; b. placed the candle in a position where when it fell over, combustible materials were nearby to fuel a fire; c. placed the candle in an area where the activities of children could result in the candle falling; and d. Failed to monitor the activities of young children to keep them away from the candle. 6. As a direct result of this negligence, extensive damage was caused to the building, necessitating repairs and loss of rent with a value of nearly $90,000. WHEREFORE, Plaintiffs demand Judgment against the Defendants in an amount in excess of $25,000, together with interest and cost of suit. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~------- /7 (~..~ Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiffs Date: 82686.1 1/3ijC) 4 VERIFICATION We, Lany and Joinetta E. Warner, verify that we have read the foregoing Complaint and hereby affirm that it is true and correct to the best of our personal knowledge, or information and belief. This Verification and statement is made subject to the penalties ofl8 Pa.C.S. ~4904 relating to unsworn falsification to authorities; we verify that all the statements made in the foregoing are true and correct and that false statements may subject us to the penalties of 18 Pa. C.S. ~4904. iY~ ;u)~ Lany arner ~ ~ UU/LU- J oi tta E. Warner Date: LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA C) c v. : No. 03-508 '- KRISTOFFER M. HOGAN and LINDSA Y HOGAN, ;1 Defendants : CIVIL TERM NOTICE TO PLEAD TO: Larry Warner and Joinetta E. Warner Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ~ ./ /~ .-.---.---- it'-/() -oj //.., Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants .., /-7 LARRY WARNER and JOINETTA E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRISTOFFER M. HOGAN and LINDSA Y HOGAN, Defendants : CIVIL TERM ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW, comes the Defendants by their attorneys Rominger & Bayley who states: 1. Admitted. 2. Admitted. 3. Admitted. 4. Requires no answer insomuchas it states a conclusion of law. By way of further answer, if an answer is deemed required, it is denied and strict proof of the same is demanded at trial. 5. A. Denied and strict proof of the same is demanded at trial. B. Denied and strict proof of the same is demanded at trial. C. Denied and strict proof of the same is demanded at trial. D. Denied and strict proof of the same is demanded at trial. 6. Requires no answer insomuchas it states a conclusion of law. By way of further answer, if an answer is deemed required, it is denied and strict proof of the same is demanded at trial. WHEREFORE. Defendants demand judgment against Plaintiffs along with reasonable attorney fees and costs of the suit. NEW MATTER 7. Previous paragraphs are incorporated by reference. 8. The Plaintiffs claims are barred by the applicable statute of limitations. 9. Plaintiff has failed to state a claim against the answering defendant upon which relief can be granted. 10. The alleged negligence of answering defendant being specifically and unequivocally denied, was not the proximate cause of the alleged injuries to the Plaintiff. 11. The alleged incident and injuries to the Plaintiff, if any, were proximately caused by parties other than the answering defendant, including both parties and non-parties to this litigation, over which the answering defendant had no control or right to control. 12. Plaintiff at all times materially hereto was guilty of contributory negligence, . such negligence being the proximate cause of the fire, the incident, and the injuries to plaintiff and plaintiffs property and chattel; therefore, plaintiffs claim is barred or in the alternative diminished in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. S 7102. 13. At all times material hereto, answering defendant acted reasonably, properly, and prudently and at no time was negligent. 14. At all times material hereto, answering defendant acted reasonably, properly, and prudently and did not act intentionally or recklessly. 15. In the alternative, if any responsibility on the part of the answering defendant is found to exist, the same being specifically and unequivocally denied, such negligence, reckless or willful conduct was not the proximate cause of plaintiffs injuries. 16. Plaintiffs injuries, ifany, the same being specifically and unequivocally denied, were the sole and proximate result of the then existing conditions of the property, and not related in any manner whatsoever to any act or omission of the answering defendant. 17. It is believed, and therefore averred, that discovery will show that the plaintiff voluntarily assumed a known risk, thereby barring recovery, by the operation of the doctrine of Assumption of Risk, insomuch that plaintiffs property was a fire hazard and in imminent risk of being burnt or damaged by result of fire, incendiary or otherwise or by other means. 18. Plaintiffs contributory negligence included but was not limited to the following: a. Plaintiff allowed its property, if any, to fall into disrepair. b. The structure was not equipped to prevent the spread of the fire nor maintained in a manner intended to do so. c. The property was maintained in a manner so as to create an unreasonable risk of fire. 19. Defendants adequately supervised their child at all times and did not allow the child to play with or utilize the candle. 20. The candle caused the fire when it rolled off of a table, which was caused by a chair striking the table, which was in fact knocked over by the child when the child tripped, and the candle being improperly designed by the manufacturer then rolled a long distance, whereupon the fire flared up with great speed. 21. The Rube Goldberg like sequence of events afore described, was not foreseeable to Defendants and thus Defendants did not violate any duty. 22. The improper manufacture of the candle was a superseding intervening cause which would barr Plaintiffs from recovery against Defendants. WHEREFORE, the answering Defendants respectfully requests that judgment be entered in their favor and against Plaintiffs and that answering Defendants be awarded appropriate costs and fees. Respectfully submitted, ~ ~ "/ / '-------- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants Date: (/..;! () _ () ] LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM VERI FICA TION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Datel1f'j /~ :Jd7J.3 ~~ Lindsay gan LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger. Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Answer to Plaintiffs Complaint and New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: /) ./ Karl E. Rominger, Esquire Attorney for Defendants / Dated: April 10, 2003 ~0c' .c::._. -'- -::-: &- ~ <) ~.. ~<. "n -. .J "" '-> (:;:) '-'.', C,,) -'-,~'!IIt -~J . 'J o -lj I :1 -J .J :-;-; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DALLER GREENBERG & DIETRICH, LLP By: Morton F. Daller, Esquire LD. No. 02740 Eight Tower Bridge, Suite 900 161 Washington Street Conshohocken, P A 19428-2060 215 836-1100 Fax: 215 836-2845 Attorneys for Additional Defendant, S.C. Johnson & Son, Inc. LARRY WARNER and JOINETTA E. WARNER CIVIL ACTION NO. 03-508 Plaintiffs v. KRlSTOFFER M. HOGAN and LINDSAY : HOGAN Defendants v. S.C. JOHNSON & SON, INC. Additional Defendant : JURY TRlAL DEMANDED ENTRY OF APPEARANCF, TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Additional Defendant, S. C. Johnson & Son, Inc., and demand ajury of twelve (12) jurors in reference to the above matter. DALLER GREENBERG & DIETRlCH, LLP BY~~~ ~~~ Morton F. Daller (") C' :C) C <..-.) -.n S. :!: 0.--..1 --nCr.:' .. '.'"l rnn-\ -.-<: ~ Z:~.'. 1 U " zr- '::1 S?:'~.;, I t:J r;:: '- .0' --c' ""I' , ~O ','.,n .-..~i.;,., 3M -0 r:? :;p.~ r::- "'J =< (P :< LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND ) I, Karl E. Rominger, Esquire did serve by a Process Server to S.C. Johnson & Son, Inc., a Notice and a Joinder Complaint at their address in Racine, WI 53403. Servic:e was executed on April 24, 2003. Affidavit of Service is attached. Dated: May 1, 2003 Respectfully submitted, ROMINGER & BAYLEY --~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: NO. 03-1679 Plaintiff: Kristoffer M. Hogan & Lindsay Hogan I Larry Warner & Joinetta E. Warner vs. Defendant: S.C. Johnson & Son, Inc. For: Karl Rominger Rominger & Bayley Received by ROMINGER LEGAL on the 16th day of April, 2QP3 at 12:32 pm to be served on S.C. Johnson & Son, Inc. at 1525 Howe St. Racine, ]N153403. I, M:c.klfE.L S. JJ-Ai?€.~j)-A , being duly sworn, depose and say that on the f)( day of A'f"r{ ,20~ atL:~m., executed service by delivering a true copy of the Praceipe for Writ of Summons in accordance with state statutes in the manner marked below: () PUBLIC AGENCY: By serving the within-named agency. as of ( ) SUBSTITUTE SERVICE: By serving a.s ~RPORATE SERVICE: By "'Irving. 1::',';" ~ ~, E rJ f'l~# as IiPU 7il ~~/'l 5~Lv/~t ~f~AL-~AL) ( ) OTHER SERVICE: As described in the Comments below by serving as ( ) NON SERVICE: For the reason detailed in the Comments below. COMMENTS: I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subscribed and Sworn to before me on the ;AL/ ~ay of ~ i I X2.D3. by the affiant who is perso ally known to me. rgr ';t ~:tL NOT. RY PUBLIC . - Z~ ).ll ,. PROCESS SERVER # Appointed in accordance with State Statutes ROMINGER LEGAL 155 S. Hanover St. P.O. Box 1148 Carlisle, PA 17013 (717) 960-9260 Our Job Serial Number: 2003000066 Copyright@ 1992-2001 Database Sarvices, Inc. - Process Serve~s Toolbox V5.5f (") 0 ~ c: w ~ ~ ..-4 _....'t1oo -Ocr, j:;'" -i1 -f"f !J.,:!r~.! -< r= -.:.-. ~-"' .:-]'8 ZC; ~~z ,(') kC ',) [:' -'-t .., -n ~c --~-.. ';; C~ )><:) ;5 i11 C ;j;! ~ :'1'1 :u +" -< Thomas Eo Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN Ii. SIUPMAN, PoCo 320 Market Street P. O. Box 1268 Harrisburg. P A 17108-1268 (717) 234-4161 Cmmsel for Plaintiffs LARRY WARNER and JOINETTAE. WARNER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs KRISTOFFER Mo HOGAN and LIND SA Y HOGAN, Defendants v. SoC. JOHNSON & SON, INC. Additional Defendants No. 03-508 CIVIL PLAINTIFFS' REPLY TO NEW MA TIER OF DEFENDANTS AND NOW, come the Plaintiffs, Lany Warner and Joinetta E. Warner, by their attorneys, Goldberg, Katzman & Shipman, P.C., who state: 7. Objection. This paragraph violates Pennsylvania Rules of Civil Procedure in seeking to incorporate six other paragraphs into a single paragraph. To the extent a response is deemed necessaty, it is denied. 8. Denied. This paragraph states a legal conclusion to which no response is necessary. 9. Denied. This paragraph states a legal conclusion to which no response is necessary. 10. Denied. This paragraph states a legal conclusion to which no response is necessary . 11. Denied. This paragraph states a legal conclusion to which no response is necessary. 12. Denied. This paragraph states a legal conclusion to which no response is necessary. 13. Denied. This paragraph states a legal conclusion to which no response is necessary. 14. Denied. This paragraph states a legal conclusion to which no response is necessary. 15. Denied. This paragraph states a legal conclusion to which no response is necessary. 16. Denied. This paragraph states a legal conclusion to which no response is necessary. 17. Denied. This paragraph states a legal conclusion to which no response is necessary . 2 18. Denied. This paragraph states a series of legal conclusions to which no response is necessmy and in further response this paragraph is denied pursuant to Pa. R.C.P. 1029(e). 19. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 20. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 21. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). 22. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiffs request that the New Matter of Defendants be dismissed with prejudice. By: GO~ KATZMAN & SHIPMAN, P.c. , ~L- ' . lU~:S E~ 8f'enner, Esquire Attorney 1.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs Date: 5/;/o} 94630.1 3 VERIFICATION We, Larry and Joinetta E. Warner, verify that we have read the foregoing Complaint and hereby affirm that it is true and correct to the best of our personal knowledge, or information and belief. This Verification and statement is made subject to the penalties ofl8 Pa.C.S. ~4904 relating to unsworn falsification to authorities; we verify that all the statements made in the foregoing are true and correct and that false statements may subject us to the penalties of 18 Pa. C.S. ~4904. tbi?hJ~ Larry arner ~ /k ,I '--.. W!; .. ():t.~ JQ' ettaE. Warner Date: CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, by First Class Mail, at Harrisburg, Pennsylvania and addressed as follows: Karl E. Rominger, Esq. Rominger & Bayley 155 South Hanover Street Carlisle, P A 17013 Morton F. Daller, Esq. DaHer Greenberg Dietrich Eight Tower Bridge 161 Washington Street, Suite 900 Conhoshocken, PA 19248-2060 Date: 5/0/0) 3 ,.. IT\ -,' ....- 2: (f.) -<.' . ~;~ ;f> C:'-: o c:: :;:::-."...- :~ " -< (To C:.;. (J") Cl "'h ~7: -'";('11 "..< 1 CJ" ~'~{- ) :..) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER and JOINETTA E. WARNER CIVIL ACTION NO. 03-508 Plaintiffs v. KRISTOFFER M. HOGAN and LINDSAY: HOGAN Defendants v. s.C. JOHNSON & SON, INC. Additional Defendant : STIPIJLA TION AND NOW this ~day of May, 2003, the undersigned counsel for Kristoffer M. Hogan and Lindsay Hogan and additional defendant, S.C. Johnson & Son, Inc., respectively, hereby STIPULATE and AGREE that paragraph S(e) of defendant's Joinder Complaint is stricken, with prejudice. ROMINGER & BAILEY DALLER GREENBERG & DIETRICH, LLP ~ ' By: -------- Karl E. ominger, Esquire Attorney for defendants, Kristoffer M. Hogan and Lindsay Hogan By: l~P~ Morton F. Daller, Esquire Brendan P. Burke, Esquire Attorneys for defendant, S.C. Johnson & Son, Inc. 0 0 Cl C '-..v --:1 ;;,~ -~ -- "'Un n'ln' :z -- :z '. (J) .. -< C r:: : ~"O -:t> .: Z ,-. j> c:' '-:? " -, ~ ~::i :::> 51 -< ( .) --< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER and JOINETT A E. WARNER CIVIL ACTION NO. 03-508 Plaintiffs v. KRISTOFFER M. HOGAN and LINDSAY: HOGAN Defendants v. s.C. JOHNSON & SON, INC. Additional Defendant : ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa. R.C.P. 2252 AND 2255 OF ADDITIONAL DEFENDANT, S.C. JOHNSON & SON, INC. TO THE JOINDER COMPLAINT OF DEFENDANTS, KRISTOFFER M. HOGAN AND LINDSAY HOGAN Additional defendant, S.C. Johnson & Son, Inc. (hereinafter "Additional Defendant"), by and through its attorneys, DaHer Greenberg & Dietrich, LLP hereby files its response to the Joinder Complaint of Defendants, Kristoffer M. Hogan and Lindsay Hogan: 1. Admitted, upon information and belief. 2. Admitted, upon information and belief. 3. Admitted in part, denied in part. Additional Defendant admits only that it is a corporation doing business in Pennsylvania with a principal place of business at 1525 Howe Street, Racine, Wisconsin 54303. The remaining allegations of this paragraph are denied. 4. Admitted in part, denied in part. Additional Defendant admits only that it is the manufacturer of Glade candles. The remaining allegations of this paragraph are denied and strict proof thereof is demanded at the time of trial. Sea-d). Denied. Additional Defendant denies that any product it designed, created, devised or manufactured was defective or unsuited for its intended purpose in any way. (e) Stricken by Stipulation. 6. Denied. Additional Defendant denies that it is liable to, liable over to or jointly and severally liable with defendants on plaintiffs' cause of action in this matter, and further denies that it is liable for indemnity, contribution or any sum or sums whatsoever to any party to this action. WHEREFORE, Additional Defendant, S.C. Johnson & Son, Inc. demands judgment be entered in its favor and against all other parties, together with such other relief as this Court deems appropriate. NEW MATTER 7. Additional Defendant incorporates by reference all the denials and averments contained in paragraphs 1-6, inclusive, of its Answer with New Matter to the Joinder Complaint as though the same were fully set forth at length herein. 8. Plaintiffs' Complaint and Defendants' Joinder Complaint fail to state a claim upon which relief may be granted. 9. Plaintiffs' damages, if any, may have been caused by the superseding, intervening acts of other persons or entities. 10. Additional Defendant did not violate a duty, ifany, it may have owed to plaintiffs or defendants. II. If plaintiffs suffered any damages as alleged, those damages may have been caused by acts or omissions of persons other than Additional Defendant for whose acts or omissions Additional Defendant is not responsible and cannot be held accountable. 12. No product sold or supplied by Additional Defendant contained any defects or was sold in any defective way or manner so as to cause damages to plaintiffs or any other persons. 13. No act or omission on the part of Additional Defendant was the proximate, legal, direct or substantial cause of or contributing factor to plaintiffs' alleged damages. 14. If the incident described in plaintiffs' Complaint and defendants' Joinder Complaint involved a product sold by Additional Defendant, Additional Defendant avers that the product may have been materially altered after leaving Additional Defendant's control, thereby relieving it of any liability. 15. If the incident described in plaintiffs' Complaint and defendants' Joinder Complaint involved a product sold by Additional Defendant, Additional Defendant avers that the product may not have been used in a manner or for a purpose for which it was intended, thereby relieving Additional Defendant of any liability. WHEREFORE, Additional Defendant, S.C. Johnson & Son, Inc. denies that it is liable to plaintiffs or defendants in any sum or sums whatsoever and demands judgment be entered in its favor and against all other parties, together with costs and such other relief as this Court deems appropriate. NEW MATTER PURSUANT TO Pa. R.C.P. 2252(d) AND 2255 (b) AGAINST DEFENDANTS, KRISTOFFER M. HOGAN AND LINDSAY HOGAN 16. Additional Defendant, S.C. Johnson & Son, Inc. incorporates by reference all the denials and averments set forth in paragraphs 1 through 15, inclusive, of this Answer with New Matter to the Joinder Complaint as though the same were fully set forth at length herein. 17. If the allegations of plaintiffs' complaint are proven at trial, the same being neither admitted nor denied herein, then defendants, Kristoffer M. Hogan and Lindsay Hogan are solely liable to plaintiffs, jointly and severally liable to plaintiffs, and/or are liable over to additional defendant for contribution and indemnity for all amounts adjudged in favor of plaintiffs. WHEREFORE, Additional Defendant, S.C. Johnson & Son, Inc demands judgment be entered in its favor and against all other parties, together with costs and such other relief as this Court deems appropriate. Daller Greenberg & Dietrich, LLP By: 3WAk f ~I~ Morton F. Daller Brendan P. Burke Attorneys for Additional Defendant, S.C. Johnson & Son, Inc. 07/10/2003 THU 11:11 FAX 8564885645 DALLER GREENBERG DIETRIC ~~~ FT WASHINGTON OFFICE ~003/003 JlL.10.200~"10:26AM 5C JOHNSON LAW DEPT. 1'10.400 P.U2 .. .t ., . vrouFICATlON STATE OF llISCOIISD coUNTY 01" VArmnl ~ o ~ ; . I. JlI)'bert A. }Ii 1 1.r I of S.C. J'OlmlOJht Son, Ino. vo.r\fy that I am l1uthorl2ed to make this vllrifiaa1io.a 011 behalf of S.C. J'olmson &. Son, Inc.; that I have read the foregoing Answer with New Matter IID4 'New MaUer Pursuant to Pa. R.C.P. 2252 aJIIi 2255, and that the iIlformation set forth therein is true and correct to tho best of my knowlcclp, 'iDformatioD and be1id. I uo.c1eIstlIM. tMt tbiJ ~I"l"'oewt is ma4e subject fa tho pcnaltieIJ Qf 18 Pa. C.S.A. i 4904 matins to 1IDSW01U ~BificatioD to autbDritiea. j.J~ Ie) I1-ClO~ Date -<(~ SUte Of lI'.f'l~in CcraId:J' of ,-"'""-- -".. . () ~; VI:' rnr, ~. ~ z,. (I) c: -< c ~C. :p::( :i-2 7 ~ C t"':;:' o ..n r"":) -'''' () !(~1 :hl , .-, ::u .< 'd :::> c.,) Thomas E. Brenner, Esquire J.D. #32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Marlcet Street P. o. Box 1268 Harrisburg. PA 17108-1268 (717) 234-4161 COIIIIlIel for Plaintiffs LARRY WARNER and JOINETTAE. WARNER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs v. KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants S.C. JOHNSON & SON, INC. Additional Defendants No. 03-508 CML PLAINTIFFS' WARNER REPLY TO THE NEW MATIER OF ADDITIONAL DEFENDANT S.C. JOHNSON & SON, INC. AND NOW, come the Plaintiffs, Lany Warner and ]oinetta E. Warner, by their attorneys, Goldberg, Katzman & Shipman, P.C., who respond to the New Matter: 7. Objection. This paragraph violates Pennsylvania Rules of Civil Procedure in seeking to incorporate six other paragraphs into a single paragraph. To the extent a response is deemed necessary, it is denied. 8. Denied. This paragraph states a legal conclusion to which no response is necessary. 9. Denied. This paragraph states a legal conclusion to which no response is necessary. 10. Denied. This paragraph states a legal conclusion to which no response is necessary. 11. Denied. This paragraph states a legal conclusion to which no response is necessary. 12. Denied. This paragraph states a legal conclusion to which no response is necessary. 13. Denied. This paragraph states a legal conclusion to which no response is necessary. 14. Denied. This paragraph states a legal conclusion to which no response is necessary. 15. Denied. This paragraph states a legal conclusion to which no response is necessary. 2 WHEREFORE, Plaintiffs Larry and Joinetta Warner request that the New Matter of Additional Defendant S.C. Johnson & Son, Inc. be dismissed with prejudice. Date: 7/)2-/0 J 98603.1 ?i:1ZMAN & SlllPMAN, PC B~ ~. Thomas E. Brenner, Esquire Attorney J.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs 3 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for the Plaintiffs herein and that I have read the foregoing document; that there are no new facts of record contained in the document and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. C~ Thomas E. Brenner, Esquire CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, pennsylvania and addressed as follows: Morton F. DaIler DaIler Greenberg & Deitrich, LLP Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 GOLDBERG Thomas E. Brenner, Esquire Date: 1 /)~ (6) 0 C-J C c~ , ... -:.1 .. .. lT1 .- . . -,J (J';' l.., r: , , }-> r~,:; ~. ( " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER 1d JOINETTA E. WARNER IPlaintiffs CIVIL ACTION NO. 03-508 v. KRISTOFFER M. H GAN and LINDSAY HOGAN Defendants v. s.C. JOHNSON & S N, INC. Additional Defendant : JURY TRIAL DEMANDED MOTION 0 ADDITIONAL DEFENDANT, S.C. JOHNSON & SON, INC. o COMPEL THE DISCOVERY RESPONSES OF NTS, KRISTOFFER M. HOGAN AND LINDSAY HOGAN Additional de ndant, S.C. Johnson & Son, Inc., (hereinafter "S.C. Johnson,") by and through its attorneys, aller Greenberg & Dietrich, LLP, hereby files this Motion to Compel defendants' answer to Interrogatories and response to S.C. Johnson's Request for Production of Documents and Thin s. In support of this motion, s.C. Johnson avers the follows: I. This property amage case arises out of a fire that occurred on or about April 26, 200 I at 1877 Spring Road, C lisle, Cumberland County, Pennsylvania in a home owned by plaintiffs and at which defend ts, Kristoffer M. and Lindsay Hogan were residing. 2. Plaintiffs filed a complaint sounding in negligence against defendants seeking in excess of $25,000 for extensO e damage to the building, the cost of repairs and loss of rent. See Exhibit "A," a true and correc copy of plaintiffs' Complaint. 3. On or about April 11, 2003, defendants, Kristoffer M. Hogan and Lindsay Hogan filed a Joinder Complaint naJ!ll.ing S.C. Johnson & Son, Inc. as an additional defendant and alleging that the fire was caused b~ a candle that was negligently and defectively designed by S.C. Johnson. i See Exhibit "B," a truf and correct copy of the Joinder Complaint. , 4. After answeri g the Joinder Complaint, s.c. Johnson propounded Interrogatories and a First Request for Pro ction of Documents and Things directed to defendants on July 10, 2003. See Exhibit "C," a tru and correct copy of the Interrogatories ,md Request for Production of Documents with cove ing letter. 5. More than thi days passed, and S.C. Johnson received neither answers to its discovery requests nor any obje tions thereto. 6. On September 12,2003, counsel for S.C. Johnson wrot(: to counsel for defendants reminding them of th overdue discovery responses and requesting those responses within ten days. 7. To date, more han ninety days have passed since S. C. Johnson propounded its discovery requests and defend s have refused to provide answers or objections to the Interrogatories and Request for Productio of Documents. 8. S.C. Johnson as been unduly prejudiced by the Hogans' willful violation of their discovery obligations. Without responses to these discovery requests, which seek information and documentation re arding the product involved, S.C. Johnson has been unable to conduct meaningful discovery d prepare an adequate defense to this case. 9. This Court ma enter an Order compelling defendants' responses to S.C. Johnson's Interrogatories and Fi t Request for Production of Documents and Things pursuant to Pennsylvania Rule of ivil Procedure 4019. WHEREFORE, defendant, S.C. Johnson & Son, Inc. respectfully requests this Court to enter an Order in the form attached granting its motion compelling the Hogans to provide full and complete answer~ to S.C. Johnson's Interrogatories and First Request for Production of Documents and Thin~s within twenty (20) days, upon penalty of such sanctions as may be , imposed upon by app~cation of the Court. I Respectfully submitted, DALLER GREENBERG & DIETRICH, LLP BY: Morton F. DaHer Brendan P. Burke Attorneys for Additional Defendant, S.C. Johnson & Son, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER1d JOINETTA E. WARNER Plaintiffs CIVIL ACTION NO. 03-508 v. KRISTOFFER M. H GAN and LINDSAY HOGAN Defendants v. s.C. JOHNSON & S N, INC. Additional Defendant : JURY TRIAL DEMANDED MEMORAND M OF LAW IN SUPPORT OF S.C. JOHNSON & SON, INC.'S MOTION 0 COMPEL THE ANSWERS TO INTERROGATORIES AND REPO SES TO REQUEST FOR PRODUCTION OF DOCUMENTS T _INDSA Y HOGAN I. FACTS. In this propert damage lawsuit, additional defendant, S.C. Johnson & Son, Inc. served discovery requests up n defendant/third party plaintiffs, Kristoffer M. and Lindsay Hogan on July 10,2003. More t an thirty days passed and S.C. Johnson & Son received neither responses nor objections to its pr perly served discovery requests. Despite a reminder letter sent September 12, 2003, S.C. Johnson & Son, Inc. has received no objection, motion for protective order nor responses fr m defendants, in violation of the Pennsylvania Rules of Civil Procedure. Without the H gans' discovery responses, S.C. Johnson is unable to properly prepare a defense in this case. S C. Johnson has been severely prejudiced by the Hogans' failure to meet their discovery obligat ons in this case. From the foregoing comes this Motion to Compel the Hogans' discovery res onses. II. LEGAL STANDARD Pennsylvania Rule of Civil Procedure 4019, entitled "Sanctions," provides, in relevant , part, as follows: I (a)(I) The co~ may, on motion, make an appropriate Order if: , I ... (i) . party fails to serve answers, sufficient answers or objections to written Int rrogatories under Rule 4005; a party, in response to a request for production or inspection made under 4009, fails to respond that inspection will be permitted as requested or to permit inspection as requested: Defendants, .stoffer M. and Lindsay Hogan, without objection, excuse or motion for protective order, have ailed to answer S.C. Johnson's Interrogatories and First Request for Production of Docum nts. Those discovery requests were properly propounded upon the Hogans' counsel more than ninety days ago. S.C. Johnson has been severely prejudiced in its nse and has incurred expenses and fees in litigating this case without nvolvement in this matter whatsoever from the Hogans, the party that Pursuant to Ru e 4019, this Court should enter an Order compelling Kristoffer M. and Lindsay Hogan to pro ide full and complete answers to S.C. Jo]mson's Interrogatories and First Request for Productio of Documents within twenty (20) days. III. Additional defi dant, S.C. Johnson & Son, Inc. respectfi~lly requests this Court to enter an Order in the form a ached granting its Motion to Compel defendants' discovery responses. BY: Respectfully submitted, DALLER GREENBERG & DIETRICH, LLP ~ aO . ,.~- e ~.,.4 ~ Brendan P. Burke Attorneys for Additional Defendant, S.C. Johnson & Son, Inc. CERTIFICATION OF SERVICE This is to certify that I have this J~ ~~y of ad, 2003, served a true and correct copy of the foregoing Motion ~o Compel the Full and Complete Discovery Responses of defendants, Kristoffer M. Hogan ~d Lindsay Hogan, upon opposing counsel by sending a copy via first class mail, postage pr,paid, and addressed to: i Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.c. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 ~ Date ~WAA4.f /.--/,_ Brendan P. Burke I I'lPR. 24. 2003 4: 23PM SC JOHNSON u:lW DEPT. NO. 183 I P.7/19 . ~... BI'lIIIIW':r LD.1I32Q85 GOLDBD.G,ICAT &SRJPMAN,p,C. 320 MadcIot SlIMt i P.O.kl268 I HarrilburI. PA 17108-1j (7\1) 2340416\ CCIUIIllellllt P1ailltiBS . . LARRY WARNER and JOThlETTAE. W. : IN THE COURT OF COMMON PLEAS : CUMBERLAND cOUNTy, ; PENNSYLVANIA PJ,mt'it'& c:?UJd~~ . : No. OJ - .S'OP KRISTOFPBRM. OOAN and LINDSAY HOG YOU BA forth in the fo and Notiee are writing with the C warned ~ if you apinst you by the any other claim or rights important to >. ~ . ~ '\ \ " " Defendants NOTICE BEEN SUED IN COURT. If you wish to defend against the c:Iaims set pages, you mu!lt take action within twenty (20) day~ af\et this Complaint by enteriDl a written appelll'ance persouaIIy or by attorney and filing in your defim8es or objections to the claims set forth against you. Yau are to do so the case may procee4 without you and ajudgmen1: may be entered without 1il1'ther notice for any money c1aimed in the' Complaint or for cf'requeated by the Plaintiff. You may lose money or property or other TAKE THIS PAPER TO YOuaLAWYERAT QNCB. IF YOU DO OR. CANNOT AFFOBD ONE. 00 TO OR. TBLEPHONB THE BELOW TO FIND OUT \VBIiR.E YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue . Carlisle, PA 17013 "..,. If' c,,...~,.' ':::Mr;.'~ R 1.800-990-9108 ..,\.,:.; ~., rn .., 1';14._i1r..~,"" ~ ,~;.. ~:~. \ ;-;:. ;; ,~,.::c~ . . ,.~.~. ::,!)l:~.t.':."f>';~"I,,,,.(;.I'(,!$' ;\" ><.." '" . ~ ._ .~f'l}l ..~.-., '--... ~,._- ~ ~~nu"'imary A,- I APR. 24. 2003 4:23PM SC JOHNSON LAW DEPT. NO. 183 I P.8/19 . NOTICIA . Le han d a usted en la corte. 8i ustecI quierc Qefendeno do mas domandaa oxpuestaJ en 118 aiguiontes, ustod tiene viIlI1tO (20) dias de p1azo III partir de Ia fecha do 1a demanda y 1a notiti on. Usted debo presentar una aparieDcia escrita 0 en persona 0 par abogado y archivar Ia corte OIl tbrma oscrita sua d.~~ 0 sus objec:tiones a 118 demandas en contra 40 au persona. Sea adirdo quo si ustod no Be clefiende, Ia sin previo aviso 0 notItklcion y por cua1quier quja'o porc1er dlnero 0 SUI proplodades 0 oUOS derechos importantes para usted. u.BVE EST ABOGADO 0 SIN VAYAENPERS ENCUEN'l'RABS ASISTBNCIA LEG DBM/oNDA A tm ABOGADO IMMBDIATAMBNT.E. SI NO TIBNB TIBNEELDINBRO SUFlClENTBDEPAGAJ. TAL SBRVlCIO. o LLAME POR TBLEFONO ALA OFICINA CUYADlRECCIm1' SE A ABAJO pARA A VElUGUARDONDE BE PUEDE CONSEGUIR Cumberland County Bar Association 2 Ll'berty Awnue CarlIsle, fA 17019 1_800-990-9108 2 . APR. ~4. 2003 4: 23PM SC JOHNSON LAW DEPT. I NO. 183 P.9/19, 'l'MIau I'- B..-r, Eill~ to. #3Z08S __ mL GOWPJRG,n~ IoSBIPrIfAN. P.c. 320 Matbt Street . .' P. 0. BCIII. 1268 Harriablq. PI\ 17108-1268 (717) 234-4161 CcNaoallbr PIaIaIII1iI : IN TIJB COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENl"fSYL VANIA Plaintiffs : No. KRlSTOFFER,. OGAN and LINDSAY HOG , Defendants I I COMPUINT AND NOW, come tM Plaintiftil, by thoir attomeys, Goldberg, KatzmIl1l & Shipman, P.C., who states: 1. 5 Laay Wamer and Joinetta E. Wemr:r ate adult individuals resiiling at 414 East Old Y Road, Carlisle, Cumberland County, PcnnsylV811ia. 2. D Kristoffer and Lindsay Hogan arc adult individualll1'l.'mtJing at 60 Carlisle, Cumberland County, PCI1J1$Ylvania. East Louther S . 2001, Defetl4Rntc Kristoffcr and Lindsay Hogan were tenants in a 3. building owned by Plaintiffs WII1110r located at 1877 Spring Road, Carlisle, Cumb.crl . C01U1ty, Pennsyl . . APR.,24.2003 4:23PM SC JOHNSON LAW DEPT. I NO. 183 P.10/19 . 4. On , about April 26, 2001, a:fire oCCQITCd at the Spring Road property due; to theneg1igencc1carelessness oftbeDefel'~~ts, tbatcaused~property damage.1 S, ~ Hogan WCl'C negligent in that they: a. i left a oand1e unattended; b. plaCed the candle in a position where when it fell over, combustib materials WC1'@ nearby to fuel a tire; c. placed the candlC! in an area wheretbe activities of children couldre t in the candle {1111ing; and d. Pailed to monitor the activities ofyonng children to keep them aw from the candle. 6. As direct result of this negligence, extensive damage was caused to e building, necessi . repairs and los8 of rent with a value of nearly $90,000. ORE, Plaiftti"ffCl demand Judgment against the Dd'CDdants in an t in excess of $25, 00, toge1hcr with inteICst and cost of suit. GOLDBERG, KATZMAN & SHIPMAN, P. By: azg..- 'Ibomas B. Brcmacr, Bsquite Attorney I.D. No. 32015 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys/Dr Plalntijfs Date: . '/JIiC3 ll2686.1 4 I APR. 24.2003 4:24PM SC JOHNSON LAW DEPT. NO. 183 I P.ll/19 ~TFICATlON I I We, Lany ant Joinetta E. Warner, verify that we have read the foregoing Complaint i , and hereby affirm at it is true and correct to the best of our personallcnowledge, or i This Verific tion and statement is made subject to the penalties ons Pa.C.S. ~4904 relating to unsworn falsification to authorities; we verify that all the statements made in the foregoing are true correct and that false statements may subject us to the penalties of 18 Pa. C.S. ~4904. .....\ ,_. J' :~/<~ .I'.v~ Laay amer ~, . J/,. P- J.!..'LI /l~ L_ Jo' naE. Warner :Dale: . ., 'l'lPR. ~4. 2003 4: 24PM SC JC>I-lNSON LAW DEPT. I NO. 183 P.12/19 LARRYWARN~ JOINETIA E. W R. Plaintiffs I I V. ! I : IN TIm COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA .. (") :"",,\ .,:", l:'.. I' .. 0:. '" ~. , : No. 03-508 I)., - KRlSTOFFER. M. H GAN and LINDSAY HOGAN. Defendants ~.., I, ,- .' 4,';', ~. ",'"'1 '1': . . , , 11 .. ., . , , ....: .<, ! " : CIVIL TERM " ': lSOTICE TO PLEAD TO: LanyWam and JoinettaE. Warner Thomas E. nner, Eaquire 320 Market P.O. Bill< 12 B Harrisburg. 17108-1268 notified to file a written response to the enclosed Answer to Plaindff's Complalut with N Matter within twenty (20) clays from service hereof or ajudgment may be entered against y u. ~) /'" /'. . ./ . Karl E. RelJlinger, Esquire lS5 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme ColIrt m # 81924 AttomeY for Defto.nrlAnts ~ -:--. '1-ltJ -(J :'1 ;: " ,'~ AP~. ~4. 2003 4: 22PM SC J()I-INSQN LAW DEPT. I NO. 183 P.3/113 .... . , LARRY WARN,d JOIlImTrAE. W ,HR. Plaintiffs ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. ; No. 03-508 KRISTOFFER M. HOGAN IIDd LlNDSA Y HOGAN. DefendllI1ts : CIVIL TERM NOTICE YOU HA VB B EN SUBD IN COURT. Ifyo~ wish to defend 19a1nst the claims set form in the following Com laint. yog mllsttake action within twenty (20) days after this Complaint IUld Notice are serv by entering a written appearance penon ally or by attorney IUld filing in writing with the COgrt your defi=nses or objections to the claims set forth against YOIl. Y Og m warned that if g fail to do so, the case may proceed without you IUld a Judgment may be entered against ou by the Court without filrthor notice for any money claimed in the Complaint or for any o~her Ialm or relief req\lllsted by the Plaintiff. You may lose money or property or other rights 1m I'taI1t to )'Oil. ' YOU SHOULD TAK.E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA ER OR CANNOT AFFORD ONE. 00 TO OR TELEPHONE THE OFPlCB SBT FORTH B LOW TO FIND OUT WHERE YOU CAN OBT LBOAL HELP. CQ111berland COllnty Bar Association 32 South Bedford Street CArlisle, PA 17013 Pltone: (717) 249.3166 (800) 990-9108 AMERICANS WITH DISABILlTIBS ACT OF 1990 The Court of Co mon Pleas of Cumberland County is required by law to comply with the Americans with Dlsabll ~ Act of 1990. For information about &coesslble facilities IUld reasonable accommodations availab 0 to disabled Incllviduals having business before the court, please contact our office. All arrangements must be m~e at least 72 hours prior to any hearing or business before the court. You must attend the soh uled conference or hearing. lRUE COPY FROM RECORD 'n Tdnony wnereof I I mre unto set.... III and Ute 01 saki at _ . Pa. r . APR.~4.2003 4:22PM SC JOHNSON LAW DEPT. I NO. 183 P.4/1~ ..' . . LARRY WARNER BJ!Id JOINB'ITA E. WARNER. iPlaintiffs ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. KRlSTOFFER M. aqoAN and LlNDSA Y HOGAN, i Defendants ~ No. 03-508 : CIVIL TERM E F s.c. JOHNSON 01: SON. lNG. ST Affi) NOW, c mes the Defendants by and through their attorneys Rominger &, Bayley and respectfully sets rth the following cause of action: 1. The above fmenced matter commenced by a filing of Complaint on February 3, 2003, with a true and orrect copy of the same being attached hereto as Exhibit "A". 2. Defendants Krlstoffer M. Hogan and Linds4y Hogan filed an Answer with New Matter against the PI . tiff's Complaint on or about April 1 0, 2003, with a true and correct copy hereto as Exhibit "B". of the same being Defendant, S.C. Johnson &, Son, Inc., is a corporation doing business in Pennsylvania, and he uartel"ed lit 1525 Howe s.treet. Racine, Wisconsin 54303. The tire complained of by P . ti.ffs occumd as a sole res\.l1t of the negligence of additional Defendant, S.C. Johnson &, Son. I c., and was not the I'lls\.l1t of any failure to act, on the part ofDefeDrI~"t. , &, Sons, Inc., is the maker, manufacturer and provider of Glade candles, and It was the neglig and defective desigll of said candles which were the direct and proximate cause of the fire in q ce of the additional Defendant, S.C. Johnson &, Son. Inc., consists of the following: .' APR, 24. 2003 4: 22PM I SC JnHNSON LAW DEPT. NO. 183 I P.5/19 . (a) Falling to IfperlY design the candle holder/encasement in such a way that it would not roll when knoc~ aver; i (b) Falling to Jj1ace an adequate base on the base of the candle holder, lID as to keep the cantUe from tipping 0 er and rolling; (c) Creating a die which would contlnw to function and bum when tipped over; (d) Falling to . se a bowl or other enclosure for the candle which would not roll more than a few inches aile falling over; and (e) W lIS negligent as will be shown at trial. 6, The additio Defendant, S.C. ~obnson &. Sons, Inc., is, or maybe, liable over to Defend/mts and/or is, r may be, jointly and severally liable with Defendants on the Plaintiffs cause of lICtion and is' lned as an additional Defendant herein for indemnity and/or contribution should any ll11egations' Plaintiffs' Complaint as to Defendants, which allegations are expressly deni.ed by Defendants, should be proven to be true ~t the time of trial, and such other further relief to which Defend ts may be entitled under law. WHEREFORE for the foregoing !'C8lIQDS, Dcfcndlmts re~ pray that judgment entered in their favor d llgainst all other parties hereto, Respectfully submitted, ROMINGER & BAYLEY .....--, /- Karl B. Rominger, Esquire 155 South Hanover Street CarlMe,PA 17013 (717) 241-6070 Supreme Court In # 81924 Attorney for Defendants - APR. 24.2003 4: 22PM I SC JOHNSON LAW DEPT. I NO.18::l J-'.b/l~ LARRY WARNBR~ JOlNETI'AE. W . Plaintiffs : IN THE COURT OF COMMO~ PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : ~o. 03-508 KRlSTOFFER M. H~AN and LlNDSA Y HOGAN, . Defendants : CML TERM CERTIFICATE OF SERVICE er, Esquire, attorney for Dei'eIuW1ts, do hereby certify tbat I this day ",der Complaint of Dq'e"dtma Against S.c. Johnson 4 Sons, Inc. upon the folloWing clepositing same In the United States Mail, first class postage prepaid, at Carlisle, Pennsyl Thomas E. Brenner, Esquire 320 Market Street; P.O. Box 1268 Hanisburg, PA 17108-1268 7- , --- KarlE. Rominger, Esquire Attorney for Defendants Dated: Brendan P. Bwke 215836 1879 July 10, 2003 Karl E. Rominger, ~squire 155 South Hanoverl Street Carlisle, P A 17013 i -DALLER GREENBERG~ -DIETRICH: Ill' Law Offices f libertyView 457 Haddonfield Suite 120 Cheny Hill. ~ 2-2223 T elephont 856 488 113 Facsimile 856 488 5 Re: Warner v. !iogan. v. S.C. Johnson & Son, Inc. Civil Actioq No. 03-508 Our File Nol430006 Dear Mr. Rominge~: Enclosed please fi~ Interrogatories and First Request for Production of Documents and Things of Additional Defe dant, S.C. Johnson & Son, Inc. addressed to Defendants, Kristoffer M. Hogan and Lindsay Hogan in reference to the above matter. Kindly answer these discovery requests in accord ce with the Pennsylvania RuIes of Civil Procedure. Very truly yours, DALLER GREENIJERG & DIETRICH, LLP By: ~p.~ Brendan P. 6urke BPB/nst Enclosures cc: (w/enc.) . Thomas E. 'renner, Esquire limited liability Parmership Fonned In Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER and JOINETTA E. WARNER CIVIL ACTION NO. 03-508 Plaintiffs v. KRlSTOFFER M. HOGAN and LIND SA Y : HOGAN Defendants v. , S.C. JOHNSON & SbN, INC. Additional Defendant : , 4RROGATORIES OF ADDITIONAL DEFENDANT, HNSON & SON. INC. DIRECTED TO DEFENDANTS Additional d~fendant, S.C. Johnson & Son, Inc. ("S.C. Johnson"), by its attorneys, Daller , , Greenberg & Dietric~, LLP, hereby propounds the following interrogatories to be answered by defendants under an4 pursuant to the Pennsylvania Rules of Civil Procedure. These interrogatories are C~ntinuing and require further answer and supplementation from now until the end of trial, without rer notice. These interrogatories are addressed to you as a party to this action and your ansv,jers shall be based upon the information known to you, your attorney, agents and representatives. BACKGROUND 1. For each defendant, please state: I a. Your full name. b. Each other name which you have used or by which you have been known. c. The date and place of your birth. i I d. The name of your spouse at the time of the incident, and the date and place of your mfage to such spouse. ie. marriage to such spo~e. The name of your present spouse, and the date and place of your i if. , The names and addresses of all previous spouses. ! 1 g. Your present residence address, the length of time to date you have occupied your presen residence, the address of each other residence which you have had during the past"ten years, an the dates you occupied each such residence. I I i h. The names and addresses of family members. , i. Your Social Security number. J . Your driver's license number 2 EDUCATION 2. As to each defendant, identify by name ilnd address any and all educational institutions which you have attended beginning with high school and any degrees earned to present. I 3 EMPLOYMENT mSTORY 3. As to each defendant please state: I a. The name and address of each of his employers or, ifhe was self-employed duringlthat period, each of his business addresses and the name of the business where self-employed ror the past ten years; lb. A detailed description of the nature of his occupation in each employment or self-eFployment; 4 INSPECTIONSrrESTING 4. Have you or anyone on your behalf conducted any inspection, examination or testing of the product which is the subject matter of the complaint? , I If the answer is in the affirmative, identify: a. Each person, and the employer of each person, who conducted any such inspection, examination or testing b. The dates of the inspection, examination or testing; c. The nature and type of inspection, examination or testing performed; d. The results of any such inspection, examination or testing; and e. All notes, reports or other documents prepared during or as a result of the inspection, examination or testing and the identity of the persons who have possession thereof; 5 FACT WITNESSES 5. a. IdentifY by name and address each person who: (I) was a witness to the incident referred to in the Complaint through sight or hearing; (2) has knowledge or information concerning the happening of the incident and/or the manner in which it occurred; (3) has knowledge or information concerning conditions or circumstances at the scene of the incident prior to, after, or at the time of, the incident, and; (4) has knowledge or information of facts concerning your alleged damages. b. With respect to each person identified in the answer to this interrogatory, state the person's eKact location and activity at the time of the incident. 6 STATEMENTS 6. Have defendants or anyone acting on your behalf given to or obtained from any person any, statement (as defined by the Pennsylvania Rules of Civil Procedure) concerning this acti<jn or its subject matter? , I i If so, ~dentify: I a. Each person who gave a statement; b. When, where, by whom and to whom each statement was made, and whether it was reduced to \\riting or otherwise recorded; c. Any person who has custody of any such statements that were reduced to writing or otherwise recorded. 7 EXPERT WITNESSES 7. a. State the name and address of eaeh person whom you expect to call as an expert witness at trial and state the subject matter on which the expert is expected to testifY. b. For each such expert, have the expert state the substance of the facts and opinions to which the expert is expected to testifY and summarize the grounds for each such opinion. c. Set forth the qualifications of each expert, listing the schools attended, years of attendance, degrees received, and the experience in any particular field of specialization or expertise. 8 ECONOMIC DAMAGES 8. If defendants incurred any bills or expenses in connection with the incident referred to in the complaint, and such bills or expenses are not otherwise listed in answer to these inte~ogatories, set forth the amount of each bill or expense, the service for which the bill or expense w incurred, and the identity of the person or entity that rendered the bill or who was involved in e expense. 9 INSURANCE COVERAGE 9. a. State whether defendants were covered by any type of insurance, including property damage insurance, in connection with this iincident. If the bswer is affirmative, state the following with respect to each policy: , b. The name of the insurance carrier which issued each policy of insurance; c. The named insured under each policy and the policy number; d. The type of each policy and the effective dates; e. The amount of coverage provided for injury to each occurrence, and in the aggregate for each policy; f. Each exclusion, if any, in the policy which is applicable to any claim thereunder and the reasons why you or the company claims the exclusion is applicable. g. Whether you have made a claim under the policy and if so, set forth the nature of the claim, the ,amount recovered and the date of recovery. IO incident? 10. IdentifY all persons present in the building at the time of the alleged DALLER GREENBERG & DIETRICH, LLP By: ~~~-~ Morton F. Daller Brendan P. Burke Eight Tower Bridge 161 Washington Street - Suite 900 Conshohocken, PA 19428-2060 (215) 836-1 IOO Attorneys for Additional Defendant, S.C. Johnson & Son, Inc. Date: .., I1 IN THE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER land JOINETT A E. WARNER CIVIL ACTION NO. 03-508 Plaintiffs v. KRISTOFFER M. OGAN and LINDSAY: HOGAN Defendants v. S.C. JOHNSON & S S. . JOHNSON & SON, INC.'S FIRST REQUEST FOR D D Additional Defendant : Additional D fendant, S.C. Johnson & Son, Inc. ("S.C. Johnson"), by its attorneys, DalIer Greenberg & Dietric , LLP, requests that defendants produce the following materials pursuant to the Pennsylvania Rul s of Civil Procedure, within thirty (30) days after receipt hereof: 1. All statements (as defmed by the Pennsylvania Rules of Evidence) concerning this actio or its subject matter previously made by any party or witness. 2. All transcriptions and summaries of all interviews conducted by anyone acting on behalf of de endants or any potential witness and/or person(s) who has any knowledge of the incident or its sounding circumstances. 3. A copy of any written report signed by or prepared by or on behalf of Il bills, reports, repair estimates or rental records relating to the damages defendants concernin the incident which gives rise to defendants' Complaint. 4. allegedly sustained by e plaintiffs as set forth in the Complaint. 5. Any and all copies of reports, correspondence, memoranda and writings rendered by any expert witness who is expected to testifY on behalf of defendants. 6. i Any and all documents containing the names and home and business addresses of all indi~duals known or identified as potential witnesses. 7. Any and all photographs depicting the location referred to in the Complaint, the prod*t involved, or any of the parties to this action. This request i deemed to be continuing in that any documents, photographs, statements, reports or other tangi Ie things secured subsequent to the date herein for the production of same are to be provided to dditional defendant's counsel within thitty (30) days of receipt of same. DALLER GREENBERG & DIETRICH, LLP By: orton F. DaIler Brendan P. Burke Eight Tower Bridge 161 Washington Street - Suite 900 Conshohocken, PA 19428-2060 (215) 836-I100 Attorneys for Additional Defendant, S.C. Johnson & Son, Inc. Date: 2 -DALLER GREENBERG ~ DIETRICH[ Lll' Brendan P. Burke 2158361879 law Offices Eight Tower Bridge 161 Washington S Suite 900 Conshohocken. PA 9428-2060 Telephone 215 836 100 Facsimile 215 836 5 September 12, 200~ Karl E. Rominger, squire 155 South Hanove Street Carlisle, PA 17013 libertyVrew 457 Haddonfidd R , Suite 120 Cbeny Hill. Nj 0800 .2223 Telephone 856 488 73 Facsimile 856 488 5 Re: Warner v. ogan. v. S.C. Johnson & Son, Inc. Civil Actio No. 03-508 Our File N . 430006 Dear Mr. Rominge : On July IO, 2003, I served Interrogatories and First Request for Production of Documents and Things addressed t Christopher M. Hogan and Lindsay Hogan. To date, you have not responded to those iscovery requests. Kindly provide those responses within the next ten days to avoid the necessi of a motion to compel. Very truly yours, By: f.~ BPB/Ias cc: Thomas E. Benner, Esquire limiled Liability Partnership Formed In PennsylV;l,nia e 0 ~ <..> ;:: 0 .-, !~ n ::C::n .... rnr- N '.':11'1 :<)6 J Ji;.: -.J () ~Q -,~+ -0 .r\' ~ :II: (.5:0 "'R ~~ ~ 0' ~ -.I ~ LARRY WARNER WId JOINETTAE. WARNER, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KRISTOFFER M. HOGAN and LIND SA Y HOGAN, DefendWIts v. S.C. JOHNSON & SON, INC., Additional Defen ant NO. 03-508 CIVIL TERM ORDER OF COURT Defendants to sho cause why the relief requested should not be granted. is 3151 day of October, 2003, upon consideration of the Motion of t, S.C. Johnson & Son, Inc., To Compel the Discovery Responses of Defendants, Kristo er M. Hogan and Lindsay Hogan, a Rule is hereby issued upon RULE RE RNABLE within 20 days of service. BY THE COURT, vthomas E. Brenner Esq. 320 Market Street P.O. Box 1268 Harrisburg, PAl 7 08-1268 Attorney for Plaint ffs ?~ RJ<s Jtr3/"rb 1\ v-KarI E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendarts , Morton F. DaIler, Esq. .,fuendan P. Burke, EsA,. DaIler Greenberg & I1>ietrich, LLP Eight Tower Bridge ' 16 I Washington Stre t Suite 900 Conshohocken, PAl 428-2060 Attorneys for Additi al Defendants S. C. Johnson & Son, Inc. :rc '<iIN'v'AlASNN3d AlNn08 Gh'dli::EJ81"ll10 ., I :f' [,1,1 ;,' j "0 C'f' (, -J ..... ; v.'-" c.J AtrlflO:'iUh:j",c, ,-,HJ :JO 3~!:!:'r~}G:'):L1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER and JOINETTA E. WARNER CIVIL ACTION NO, 03-508 Plaintiffs v. KRlSTOFFER M. HOGAN and LINDSAY HOGAN Defendants v. S.C. JOHNSON & SON, INC. Additional Defendant : JURY TRIAL DEMANDED MOTION OF ADDITIONAL DEFENDANT, S.C. JOHNSON & SON, INC. TO MAKE RULE ABSOLUTE Additional defendant, S.C. Johnson & Son, Inc., (hereinafter "S.C. Johnson,") by and through its counsel, DaUer, Greenberg & Dietrich, LLP, hereby moves to make the Court's October 3 1,2003 Rule absolute and in support ofthis motion, avers as foUows: 1. On October 24, 2003, S.C. Johnson & Son, Inc. filed a motion to compel the discovery responses of defendants, Kristoffer M. Hogan and Lindsay Hogan along with a Rule to Show Cause, both of which were served upon aU parties. 2. Pursuant to said motion, a Rule was entered on October 31, 2003, returnable November 20,2003, by the Court of Common Pleas of Cumberland County in the person of the Honorable J. Wesley Orler, Jr. See Exhibit "A." 3. Said Rule was served upon aU counsel via first class mail by letter dated November 5, 2003. 4. To date, no party has filed a response or interposed any objections to the motion. WHEREFORE, additional defendant, S.C. Johnson & Son, Inc. prays this Honorable Court enter an Order making the Rule absolute and compelling defendants, Kristoffer M. and Lindsay Hogan to provide full and complete responses to S.C. Johnson & Son, Inc.'s Interrogatories and First Request for Production of Documents and Things within twenty (20) days. Respectfully submitted, DALLER GREENBERG & DIETRICH, LLP BY: ~3WakP ~ Morton F. Daller Brendan P. Burke Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, PA 19428-2060 (215) 836-1 IOO Attorneys for Additional Defendant, S,C. Johnson & Son, Inc. VERIFICATION I, Brendan P. Burke, Esquire, attorney for additional defendant, S.C. Johnson & Son, Inc., am authorized to make this verification and verify that I have read the foregoing motion and the information set forth therein is true and correct to the best of my information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C,S.A. 94904 relating to unsworn falsifications to authorities. December 12. 2003 Date 'B}~fh~ Brendan P. Burke CERTIFICATION OF SERVICE I, Brendan P. Burke, do hereby certifY that service of a true and correct copy of S.C. Johnson & Son, Inc,'s Motion to Make Rule Absolute was made by first class mail to the following on the date indicated below: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PAl 71 08- I 268 December 12, 2003 Date ~f~ Brendan P. Burke LARRY WARNER and JOINETTAE. WARNER, : Plaintiffs ~@[i-Iln nf?r\~ r- j) IN THE COURT OF COMMON PLEA$,QF. ,_ CUMBERLAND COUNTY, PENNSYU.:l!~ v. CIVIL ACTION - LAW KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants v. S.C. JOHNSON & SON, INC., Additional Defendant NO. 03-508 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of October, 2003, upon consideration of the Motion of Additional Defendant, S.C. Johnson & Son, Inc., To Compel the Discovery Responses of Defendants, Kristoffer M. Hogan and Lindsay Hogan, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Thomas E. Brenner, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiffs Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendants Morton F. DaHer, Esq. Brendan P. Burke, Esq. Dal Greenberg & Dietrich, LLP ght Tower Bridge 161 Washington Street Suite 900 Conshohocken, PA 19428-2060 Attorneys for Additional Defendants S, C. Johnson & Son, Inc. :rc r, ~ .. ,...--.:) l.'"__--:;; <:: _:;~ ...,.J ~ ,,-'} C',} C) ~-n --, ~'i: rn,",:,l , '-p :'-} ;) _.~,-'I .r:- -....;; DEe 1 9 2003 \5" 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER and JOINETTA E. WARNER CIVIL ACTION NO. 03-508 Plaintiffs v. KRISTOFFER M. HOGAN and LINDSAY HOGAN Defendants v. S.C. JOHNSON & SON, INC, Additional Defendant : JURY TRIAL DEMANDED ORDER ANDNOW,this~~ofJ>(r , 20~ upon motion of additional defendant, S.C. Johnson & Son, Inc., the Rule entered on'October 31, 2003, returnable November 20, 2003, is hereby made absolute and defendants, Kristoffer M. Hogan and Lindsay Hogan shall provide full and complete responses to S,C. Johnson & Son, Inc.'s Interrogatories and First Request for Production of Documents and Things within twenty (20) days of this Order or suffer such sanctions as may be imposed upon application to this Court. APPROVED BY THE COURT: ~ ~(~2G-()S 8j~ P pculU- Sj 1~ ( ~ f'U\01' CAt, 4r1 ~ ~~~Jd ~- "r' , "-;>::::~;'::;i'InJ s G :2 fl.:! S Z :J30 EDDZ Aii~110j~OH108d 3Hl :10 3JIJ:iG-0311:i LARRY WARNER and JOINETT A E, WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-508 KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM MOTION TO WITHDRAW AS COUNSEL AND NOW, comes the undersigned counsel and for his Motion to Withdraw as Defendants Counsel in this matter states to the Court as follows: I. Defendants originally hired undersigned counsel to represent them in a lawsuit initiated against them on or about February 3, 2003. 2. Defendants' counsel received a Rule to Show Cause why the Request for Interrogatories and Production of Documents should not to be answered no later than February 2, 2004. 3. Defendants' counsel has tried numerous times to contact the Defendants via telephone and first class mailings. 4. Upon information and belief Defendants have moved and left no forwarding address and therefore counsel has no way of contacting his clients. 5. Undersigned counsel cannot adequately represent Defendants without being able to communicate with them, 6. Discovery requests are pending and due, WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court grant his Motion to Withdraw as Counsel in the above captioned matter, Respectfully submitted, ROMINGER, BAYLEY & WHARE '-.--'---:> ~"." . ."-~..::::.-- -~" Date: February 5, 2004 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. s, 94904, relating to unsworn falsification to authorities. -'----:> ....- -------,~ , Date: February 5, 2004 Karl E. Rominger, Esquire LARRY WARNER and JOINETT A E. WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 03-508 KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, P,ennsylvania, addressed as follows: Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, P A 17I08- 1268 Lindsay and Kristoffer Hogan 60 East Louther Street Carlisle, PA 17013 Karl E. Rominger, Esquire Attorney for Defendants Dated: February 5, 2004 [:1 !:~ " , ~> ;C',,: ~ (") c r-~'-' I, ::- ':,i' ex. ....., "'~ c:,~ .r- ...., ,..,., OJ I 0'\ o "1, ==e -r, rnp-::: -am ~6 -.j~!, -~---q ~'~]o r,'jrn "c-l ~> '0 -< -''' :E: c- LARRY WARNER and JOINETTAE. WARNER, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Defendants NO. 03-508 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of February, 2004, upon consideration ofthe Motion To Withdraw as Counsel, a Rule is hereby issued upon Plaintiffs and Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Service of this Rule shall be by first class mail and is deemed to be complete upon mailing to Plaintiff's counsel and to Defendants at their last known address. BY THE COURT, ; (//'0 (Y[ '''I'Y01Q[ 1 Thomas E. Brenner, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiffs Kristoffer M. Hogan Lindsay Hogan 60 East Louther Street Carlisle, P A 17013 Defendants -f'ML- Y2~1 01/ . :rc - .:; 0 - ~~ .J..II-O'1 ~-. 'ii!'\i~/;l/",::.';.' "r\.~'}d AJ)Vi~;C;"-i '<~I/\J1J 18:2!!d I! 8].:J~ODZ ),Ui;j~LU:')C;{!_OL'c} ,;:4.[ :10 JJI:f:lC-{Eni~J LARRY WARNER and JOINETT A E, WARNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. KRISTOFFER M. HOGAN and LINDSAY HOGAN Defendants : NO. 03-508 CIVIL TERM CERTIFICATE OF SERVICE I, Karl E, Rominger, Esquire, attorney for Defendants, do hereby certifY that I this day served a copy of the Rule to Show Cause upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kristoffer M. Hogan Lindsay Hogan 60 East Louther Street Carlisle, PAl 70 13 Thomas E, Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 ? .... -------- Karl E. Rominger, Esquire Attorney for Defendants Dated: February 13,2004 (") ~.; f~~ rii ~.,.- . ~:~ ?;r-.; )0.(: :.::-...: =< ...., = = -"'" ..,., t'T'l = o ." -I :r: m::n .."hi 89 -ie> I=R 0- ::;",,0 om ~ :n -< w :J:I -0:: U1 W Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZMAN, p,c. 320 Marl<et Street, p, 0, Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Counsel for Plaintiffs LARRY WARNER and ]OINETTA E. WARNER, Plaintiffs IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTorrER M. HOGAN and LTNDSA Y HOG AN, Defendants v. S.C JOHNSON & SON, INC Additional Defendants No.03-S08 CIVIL PLAINTIFFS' MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiffs Larry Warner and Joinetta Warner, by and through their attorneys, Goldberg Katzman, P.C, who state: 1. By order of the Honorable J. Wesley Oler, Jr., of rebruary 11, 2004, this Court directed the Plaintiffs and Defendants to show cause why counsel for the Defendants, Karl E. Rominger, Esquire, should not be granted his request to withdraw as counsel. 2. This rule was forwarded to Plaintiffs' counsel and the Defendants. 3, Plaintiffs do not oppose said motion. 4. Defendants have not opposed the motion. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter an order making the Rule absolute and granting Counsel's Motion to Withdraw as Counsel for the Hogans. GOLDBERG KATZMAN, p,c. ~~ BY: Thomas E, Brenner, Esquire ID # 32085 Carly J. Wismer, Esquire ID # 92598 P.o. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Date: October 5, 2005 CERTIFICATE OF SERVI.cE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Morton F. Daller, Esquire Daller, Grcenberg & Dictrich, LLP 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 Kristoffer M. Hogan Lindsay Hogan 60 East Louther Street Carlisle, P A 17013 GOLDBERG KATZMAN, P.e. By4~~ Thomas E. Brenner, Esquire Date: October 5, 2005 r;;.; () ~ -n C) n ...... I ....l ;.:~. -,..... ~? (,:::> c....:' I}/ R~CCI\/' 'J c' .... ~-I i:...; l...;i of ~ :'JC5 r'I LARRY WARNER and JOINETTA E, WARNER, Plaintiffs IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTorFER M. HOGAN and LINDSAY HOGAN, Defendants v, S.c. JOHNSON & SON, INC. Additional Defendants No.03-508 CIVIL ORDER AND NOW, this $ day of October, 2005, as Plaintiff and Defendant have not opposed the Rule to Show Cause, the Rule is made Absolute and attorney Karl E, Rominger's Motion to Withdraw as Counsel is GRANTED. BY THE COURT: J. U,~ (::> N "..,..) c"-. '- Lf':, C::~ c'"' . LARRY Wi\RNER and JOINETTA E. WARNER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 03~508 CIVIL KRISTOPHER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL ACTION - LAW vs, S.e. JOHNSON & SONS, INe. Additional Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner, counsel for plaintiffs in the above action, respectfully requests that: 1. The above-captioned action is at issue, 2, The claim of the plaintiff in the action is $35,000.00, 3, The counterclaim of the defendant and additional defendants is $0,00. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Thomas E. Brenner, Esquire; Morton F. Daller, Esquire. GOLDBERG KATZMAN, P.e. By: ; ; )";" -; ,.,' "_.- Thomas E. Brenner, Esquire Attorney 1.0. No. 32085 320 Market Street, P,O, Box 1268 Harrisburg, PA 17108~1268 (717) 234~4161 Attorney for Plaintiff Date: February 3, 2006 130620,1 . ~. CERTIFICATE OF SERVICE I hereby certify that on this day a truc and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Kristopher and Lindsay Hogan 201 Fiddler's Elbow Road Middletown, PA 17057 Morton F. DaHer, Esquire DaUer Grcenberg & Dietrich, LLP 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 GOLDBERG KATZMAN, p,c. BY ~ )R~ Thomas E, Brenner, Esquire Date: February 3, 2006 \ ~ 0: ...., LJ () \ c',.) , c,... ~T1 ;}- ':'\ -r; :~ ~ P"j C.) 'Y'. ' "-J I -- , \ C) -...J ~ " , "'l'\ ,~ ., ~ - "- .'fJ ~V '" 0 eFE I~ - .....;::J <~ ~ ' Additional Defendant : JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LARRY WARNER and JOINETTA E, WARNER CIVIL ACTION NO. 03-508 Plaintiffs v, KRlSTOFFER M. HOGAN and LlNDSA Y HOGAN Defendants v, S.C, JOHNSON & SON, INC. MOTION FOR SANCTIONS OF DEFENDANT, S.c. JOHNSON & SON, INC. FOR DEFENDANTS', KRISTOFFER AND LINDSAY HOGAN'S FAILURE TO COMPLY WITH THIS HONORABLE COURT'S ORDER OF DECEMBER 22, 2003 AND NOW comes defendant, S,C. Johnson & Son, Inc., ("SC Johnson") by and through their attorneys, Daller Greenberg & Dietrich, LLP, who move this Honorable Court to enter an Order against defendants, Kristoffer and Lindsay Hogan, for the following reasons: I, On January 3 1,2003, plaintiffs, Larry and Joinetta Warner, filed this property damage claim against Kristoffer and Lindsay Hogan. A true and correct copy of plaintiffs' Complaint is attached hereto as Exhibit "A", 2, In their Complaint, plaintiffs allege defendants, Kristoffer and Lindsay Hogan were tenants of plaintiffs living at 1877 Spring Road, Carlisle, Pennsylvania in April 2001, when they caused a fire at the property by leaving a candle unattended, 3, Thereafter, the Hogans filed a joinder complaint, joining SC Johnson as an additional defendant. 4, On July 10,2003, SC Johnson served the defendant/third party plaintiffs, the Hogans, with Interrogatories and Request for Production of Documents. 2 5, After more than thirty days passed, and several correspondences were sent to counsel for the Hogans, SC Johnson filed a Motion to Compel the discovery responses of the Hogans, 6. On December 22, 2003, this Honorable Court entered an Order directing defendants, Kristoffer and Lindsay Hogan to provide full, complete and verified answers to SC Johnson's First Set ofInterrogatories and Request for Production of Documents within twenty (20) days or suffer sanctions upon application to the Court. A true and correct copy ofthe Court's Order dated December 22,2003, is attached hereto as Exhibit "B," 7, Service of the aforesaid Order was made upon the Hogan's by correspondence to their attorney dated December 30, 2003, A true and correct copy of the correspondence to the Hogans is attached hereto as Exhibit "C." 8, Upon request of counsel for the Hogans, counsel for SC Johnson granted defendants an extension to respond to the discovery requests of SC Johnson until February 2, 2004, 9, Thereafter, counsel for the Hogans petitioned this Court to withdraw as counsel. On October 14, 2005, this Court granted the petition to withdraw. A true and correct copy of the Order is attached hereto as Exhibit "D", 1 0, To date, the Hogans have not provided responses to the discovery of SC Johnson despite the fact that those discovery requests have been outstanding for over two years. 11. To date, the Hogans have not produced a single document or piece of evidence which supports the allegations set forth in their joinder complaint. Additionally, neither plaintiffs nor the Hogans gave notice of the fire to SC Johnson and the Hogans have failed to produce the remains of the candle that they claim caused the fire, 12. As a result of this conduct, SC Johnson is severely prejudiced in preparing a \ ENBERG & DIETRICH, LLP defense and has been forced to expend money and resources in defense ofthis claim where the joining party has not provided any evidence of any involvement of SC Johnson, WHEREFORE, defendant, SC Johnson & Son, Inc, moves this Honorable Court to enter the attached Order, directing defendants, Kristoffer and Lindsay Hogan to file full and complete Answers to Interrogatories and Request for Production of Documents within ten (10) days of the Court's Order and to pay appropriate legal fees for the drafting of the Motion to Compel and this Motion for Sanctions. By: Morton Daller Cathleen Kelly Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken, P A 19428 (215) 836-1100 Attorneys for Defendant, S,C. Johnson & Son, Inc, 3 Additional Defendant : JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LARR Y WARNER and JOINETT A E, WARNER CIVIL ACTION NO. 03-508 Plaintiffs v, KRlSTOFFER M, HOGAN and LINDSAY HOGAN Defendants v, S,c. JOHNSON & SON, INC. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT, S.c. JOHNSON & SON, INC.'S MOTION FOR SANCTIONS AGAINST THE DEFENDANTS, KRISTOFFER M. AND LINDSAY HOGAN FOR FAILURE TO COMPLY WITH THIS COURT'S ORDER OF DECEMBER 22, 2003. I. FACTS. In this property damage lawsuit, additional defendant, S,C, Johnson & Son, Inc, ("SC Johnson") served discovery requests upon defendant/third party plaintiffs, Kristoffer and Lindsay Hogan on July 10, 2003, More than thirty days passed and SC Johnson received neither responses nor objections to its properly served discovery requests. Despite a reminder letter sent September 12,2003, SC Johnson has received no objection, motion for protective order, nor responses from defendants, in violation of the Pennsylvania Rules of Civil Procedure, Upon Motion of S,C Johnson, on December 22, 2003, this Court entered an Order compelling defendants, Kristoffer and Lindsay Hogan to respond to SC Johnson's discovery requests within twenty days or suffer such sanctions as may be appropriate, 5 SC Johnson served the December 22, 2003 Order upon the Hogans on December 30, 2003. Thereafter, counsel for the Hogans requested an extension until February 2, 2004 to respond to the discovery requests, Counsel for SC Johnson granted the extension, Thereafter, counsel for the Hogans filed a Petition to Withdraw as Counsel. On October 14, 2005, this Court granted the Petition to Withdraw. The defendants, Kristoffer and Lindsay Hogan have yet to supply discovery responses to the discovery requests served by SC Johnson. Without the Hogans' discovery responses, SC Johnson is unable to properly prepare a defense in this case, SC Johnson has been severely prejudiced by the Hogans' failure to meet their discovery obligations in this case, For example, the Hogans have produced no evidence that an SC Johnson candle was even present in the home and have failed to produce the remains of any candle product for inspection, This motion seeking a dismissal of SC Johnson from the joinder complaint initiated by the Hogans arises from this failure of the Hogans to support their claims and to respond to legitimate discovery requests, II. LEGAL STANDARD Pennsylvania Rule of Civil Procedure 4019, entitled "Sanctions," provides, in relevant part, as follows: (a)(I) The court may, on motion, make an appropriate Order if: ... (i) a party fails to serve answers, sufficient answers or objections to written Interrogatories under Rule 4005; ... (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. The court may make an order granting a judgment of non pros or dismissal of an action upon motion for sanctions by the aggrieved party, Pa,R,C.P, 4019(c)(l) - (5). Defendants, Kristoffer M. and Lindsay Hogan, without objection, excuse or motion for protective order, have failed to answer SC Johnson's Interrogatories and First Request for Morton F. Daller Cathleen Kelly Production of Documents, Those discovery requests were properly propounded upon the Hogans' counsel more than two years ago, SC Johnson has been severely prejudiced in its ability to prepare a defense and has incurred expenses and fees in litigating this case without documentation of any involvement in this matter whatsoever from the Hogans, the party that joined them to this lawsuit. Pursuant to Rule 4019, this Court should enter an Order dismissing the joinder complaint filed by defendants, Kristoffer and Lindsay Hogan unless full, complete and verfied answers to SC Johnson's Interrogatories and First Request for Production of Documents are received within ten (10) days, III. CONCLUSION Additional defendant, S,C, Johnson & Son, Inc, respectfully requests this Court to enter an Order in the form attached granting its Motion for Sanctions for defendants', Kristoffer and Lindsay Hogan's failure to comply with this Court's Order of December 22,2003, Respectfully submitted, DALLER GREENBERG & DIETRICH, LLP BY: Attorneys for Additional Defendant, S.c. Johnson & Son, Inc, 6 -, , ' CERTIFICATE OF SERVICE J, Cathleen Kelly, hereby certify that a true and correct copy of the foregoing Motion for Sanctions was served upon the following by first-class United States mail, postage prepaid, on March 27, 2006, Kristoffer and Lindsay Hogan 201 Fiddlers Elbow Road Middletown, P A 17057 Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, P,C. 320 Market Street P. 0, Box 1268 Harrisburg, P A J 71 08-1268 7 , r-X:hib,f f+ , ,Ht-'t<.<:::4.Z003 4:23PM SC JOHNSON LAW DEPT. NO. 183 P.?/19 : No. OJ - .s'OP (?U)d~~ Tho_ J, B_r, EI""'" 1.0. 1132Q8S GOLDBERG, ICATU4AN .. SlIIPMAN, P.C. 32.0 Market SlIeol P. O. ~ 12158 Hmilburg, PA 17108.1268 (7\7) 234-4\15\ CCllllle\ tor Plliatil\io . . LARRY WARNER and lOINETIAE. WARNER. : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs KRISTOFFER M. HOGAN and LINDSAY HOGAN. Defendants NOTICE YOU BAVE BEEN SUED IN COURT. If you wish to defend against tho claims set forth in the following pages, you mu$t take action within twenty (20) days after this Complaint and Notice are served, by onterina a written appearance personally or by attorney and filing in writing witb the Court your dctCnses or objections to the claims set forth against you. Yau are warned ~t if you tail to do so the case ~y procee4 without you and ajudgment may be OI1tered against you by the Court without fbrther notice for any mcmey cIaimed in the' Complaint or for any other claim or reJief'requested by tho Plaintiff. You may lose money Dr property Of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUltLAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR. CANNOT AfFORD ONE, GO TO OR. TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. " Cumberland County Bar Association 2 Liberty Avenue , Carlisle, PA 17013 'H"J' It~ c'r'.~" r.;:'-":.f,l) fiecoRO 1.800-990-9108 ."t,:_ v.'n~', a I~ 'I~Ai1n.~,.,.., i-:". ..;,~, 1 n::. ;,; l~"~f.1'~ my haf\ , .,~ '...;~c.." '.: .I.; '~,. i' .',' (,1,(,:$, Pi1. ,,,,.,,...,,.~. , , ~ . . .." ~ ~7~;.:,:''1tL_-~ ';;;d;at t4 .:Io~i1;.."itnalV 11- \ \ APR. 24. 2003 4:23PM SC JOHNSON LAW DEPT. NO. 183 P.8/19 NOTlM~ . Lc han demandado a uated en la corte. Si ustcd qulerc defenderlll de estas dcmandaa expuestaB en las paginas siguicntes, ustcd tiene vientc (20) diu de plazo q] partir de 1a teeha de \a demlll1da y 1a notlficaclon. Usted debe presentar una apariencia escrita 0 en persona 0 por abopdo yarchivar en 1a corte en foma eserita SUB de&n,as 0 IUS objectiones a!as demandas en contra de au persona. Sea adiAdo que Ii uated no so defiende. 1a sin previo avlse 0 notificacion y por cualquier quja'o puede perder dinero 0 sus proplodades 0 otros derechos importantes pll!'& usted. UBVE BSTADEMANDA A tm ABOGADO IMMBDIATAMENT.E, SINO TIENE ABOGADO 0 SINO TIENBELDINER.O SUFIClENTBDEPAGAR TAL SERVICIO, V AYAmT PERSONA 0 LLAME POR TELEFONO ALA OnClNA CUYA DIRECCIcrn- SE mTCUSNTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR. ASISTBNCIA LEGAL, Cumberland County Bar Associanon 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 2 H~R.Z4.2003 4'23PM SC JOHNSON LAW DEPT. NO. 183 P.9/19 'l'hala.. Eo B_. r.."u1.. I,D. 1132085 GOLD1l1!1lG, KA~ZMAN . SBlP!tIAN. P.c. 320 Mlrbl Street ' , P. O. BlllI. 1268 Harrilburg. PI\. 17108-1268 (711) 234-4161 Caua..1 fi:lr Plaintiffi LARRY wARNER. and JOINETTAB. WARNER, ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, : ~SYLVANlA Plaintiffs : No. KRlSTOFFER M. HOGAN and LINDSAY HOGAN, Def....d..nts tOMlUIN1 AND NOW, come the Plaintiffs, by their attomeys, Goldberg, Katzman & Shipman, P.C., who states: 1. Plaintim Larry Warner and Joinetta E. Wamer are adult individuals residing at 414 Bast Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendants Kristotfer and Lindsay Hogan are adult individualll residing at 60 East Louther Sireet, Carlisle. Cumberland County, Pennsylvania. 3. In April, 2001, Defendants Kristoft"cr and Lindsay Hogan were tel1llJ1ts in a- building owned by Plaintiffs Wamer located at 1877 Spring Road, Carlisle, Cumb.erland . County, Pennsylvania. H~~.~4.2003 4:23PM SC JOHNSON LAW DEPT. NO. 183 P.10/19 4. On or abou.t April 26, 2001, a fire occurred at the Spring Road property due to the negligence and carelessness of the Defendants, that caused extcn,sive property damage. S. Defendants Hogan were negligent in that they: a. left a cmd1e unattended; b. placed the candle in a position where when it fell over, combustible materials wer~ nearby to fuel a :fire; c. placed the candle in m area where the activities of children couldrcsu.1t in the candle v.11itlg; and d. Failed to monitor the activities of young children to keep them away from the candle. 6. As a direct result of this negligence, extensive damage was caused to the building, necessitating repairs and 10s8 of rent with It value of nearly 590,000. WHEREFORE, Plaintiffs demand Judgment against the Defendants in an amount in excess of $25,000, together with interest and cost of suit GOLDBERG, KATZMAN & SHIPMAN, P.C. ' By: CL..ZK.- Thomas B. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Hanisbur& PA 17108-1268 (717) 234-4161 Attorneysfor Plaintiffs Date; 82686.1 liJII'13 4 H~K.C4.4003 4:24PM SC JOHNSON LAW DEPT. NO. 183 P.ll/1S nale: ~,.,M ~ ill'U/l.N_ 10' tta E. Warner YElUfICA TlON We, Lany and Joinctta E. Warner, verify that we have read the foregoing Complaint and hereby affirm that it is true and comct to the best of our personallmowledge, or information and belief. This Verification and statement is made subject to the penalties oflS Pa.C.S. ~4904 relating to unswOIlJ. falsification to authoritiesj we verify that all the statements made in the foregoing a.re true and comet and that false statements may subject us to the penalties oflS Pa. C.S. ~4904. .'\ d-i--~ )'.J~ Larry amer 'APR.24.2003 4:24PM SC J04NSON LAW DEPT. LARRY WARNER and JOINETI A E. WARNER. Plaintiffs v. KRISTOFFER M. HOGAN and LINDSAY HOGAN. Defendants NO. 183 P.12/19 : IN Tire COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA (,") -'~ '.. I l:".. I' . I .: '.. : No. 03-508 I.' " . t;', , -. ~., . , ",.. '~'. 0, , , 1 I " " .' . " 0 '- ..~.... : CIVIL TERM NOTICE TO PLEAD TO: Larry Warner: and Jolnetta E. WarMr Thomas E. Brenner, Esquire 320 Market Street P,O. Box 1268 Harrisburg, PA 17108-1268 You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Complaint with New Matter within twenty (20) days from service hereof or ajudgment may be entered against you. :' '.' " :'~ ~ ./" ""7'--.. ./ $1-;" -OJ , Karl E. Romi!1ger, Esquire lS5 South Hanover: Street Carlisle, PA 17013 (717) 241-6070 Supreme Court m # 81924 Attorney for Defendants fxt'IIPI + 6 J DEe 1 9 2003 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY WARNER and JOINETTA E. WARNER CIVIL ACTION NO. 03-508 Plaintiffs v. KRISTOFFER M. HOGAN and LINDSAY HOGAN Defendants v. S.C. JOHNSON & SON, INC. Additional Defendant: JURY TRIAL DEMANDED ORDER AND NOW, thisJJ..~y of * ' 20Q5., upon motion of additional defendant, S.C. Johnson & Son, Inc., the Rule entered on October 3 1,2003, returnable November 20, 2003, is hereby made absolute and defendants, Kristoffer M. Hogan and Lindsay Hogan shall provide full and complete responses to S.C. Johnson & Son, Inc.'s Interrogatories and First Request for Production of Documents and Things within twenty (20) days of this Order or suffer such sanctions as may be imposed upon application to this Court. APPROVED BY THE COURT: t~IJV r wtJ-~ ~. fAll! (;OPV FROM REOOAa '11 'festlmoml whll'llOf, I here unto set my IIanf .. d I seal of sa:(J " t Carlisle ~ ._1 -OJ 2.- !'i/: rl^-- ~ .! ~ - ~ 2- x h I h, + L - ~~ '. }- --DALLER GREENBERG ISDIETRICH llP Law Offices Brendan P. Burke 2158361879 Eight Tower Bridge 161 Washington Street, Suite 900 Conshohocken. FA 19428-2060 Telephone lIS 836 1100 Facsimile 215 836 2845 December 30, 2003 Via Facsimile and First Class Mail libertyView 457 Haddonfield Road, Suite 120 Cherry Hill. NJ 08002-2223 Telephone 856 188 0173 Facsimile 856 488 5645 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Re: Warner v. Hogan. v. S.C. Johnson & Son, Inc. Civil Action No. 03-508 Our Pile No. 430006 Dear Counsel: Enclosed please find a December 22, 2003 Order compelling the full and complete responses of Kristoffer M. Hogan and Lindsay Hogan to S.C. Johnson & Son, Inc.'s Interrogatories and First Request for Production of Documents and Things within twenty (20) days. Accordingly, I will expect to receive defendants' discovery responses on or before January 15, 2003. Very truly yours, DALLER GREENBERG & DIETRICH, LLP By: '-f;,ClcU(C>\ r ~gt 1"'~ Brendan P. Burke BPB/nst Encl. Limited Liability Parmers.hip Formed In Penmylvania r ! ~ C 6",~ikit D LARRY WARNER and ]OINETIA E, WARNER, Plaintiffs IN THE COURT OJ< COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTOFFER M. I-lOGAN and LINDSAY HOGAN, Defendants v. S,C.]OHNSON & SON, INC. Additional Defendants No. 03-508 CIVIL ORDER AND NOW, this ~ay of October, 2005, as Plaintiff and Defendant have not opposed the Rule to Show Cause, the Rule is made Absolute and attorney Karl E. Rominger's. Motion to Withdraw as Counsel is GRANTED. BY THE COURT: OCT 1 7 2005 , , , (,.-1 <, ';.it ---1 , '} (~; ,-"') ~) , LARRY WARNER and JOINETT A E. WARNER, : Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION -LAW KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants v, S.C. JOHNSON & SON, INC" Additional Defendants NO, 03-508 CIVIL TERM ORDER OF COURT AND NOW, this 4"' day of April, 2006, upon consideration of the Motion for Sanctions of Defendant, S,C. Johnson & Son, Inc., for Defendants' Kristoffer and Lindsay Hogan's Failure To Comply with this Honorable Court's Order of Decemher 22, 2003, a hearing is scheduled for Wednesday, May 31, 2006, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, fI/~ dI . Wesley OJer, f., J. Thomas E. Brenner, Esq, 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiffs vrA4 rrv1.- tt~tL <(. 0 'j'. (!,~ Cf.. h i t ~, "",,' , , .- , , .i I ( Kristoffer M, Hogan Lindsay Hogan 201 Fiddlers Elbow Road Middletown, P A 17057 Defendants, pro Se Morton F. Daller, Esq. Cathleen Kelly, Esq. Eight Tower Bridge 161 Washington Street Suite 900 Conshohocken, PA 19428 Attorneys for Additional Defendants :rc " - ~ . .' ~ LARRY WARNER and JOINETTA E. WARNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KRISTOFFER M. HOGAN and LINDSAY HOGAN, Defendants v s.C. JOHNSON & SON, INC., Additional Defendants NO. 03-508 CIVIL TERM IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 31st day of May, 2006, upon consideration of the Motion for Sanctions of Defendant S.C. Johnson & Son, Inc., for Defendants Kristoffer and Lindsay Hogan's Failure To Comply with this Honorable Court's Order of December 22, 2003, and without objection on the part of the Defendants, the motion is granted to the extent that the joinder complaint of Defendants against Additional Defendant S.C. Johnson & Son, Inc., is dismissed, and Additional Defendant S.C. Johnson & Son, Inc., is dismissed from this case. By the Court, fr; <.r..... i- ~~ 80- :::::!w u-~ LL o Lf) ..,- ....i1- 0_ N I ""'""'- :s ---, ...0 c:.:::) =' ("...J ... ~. ~lY J. Wismer, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For Plaintiffs ~hleen Kelly, Esquire Eight Tower Bridge 161 Washington Street - Suite 900 Conshohocken, PA 19428-2060 For S.C. Johnson & Son, Inc. ~toffer and Lindsay Hogan 201 Fiddler's Elbow Road Middletown, PA 17057 Pro se Defendants :mae - . Thomas E, Brenner, Esquire Goldberg Katzman, p,c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiffs LARRY WARNER and ]OINETTA E. WARNER, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs, : NO. 03-508 CIVIL KRISTOPHER M. HOGAN and LINDSAY HOGAN, Defendants : CIVIL ACTION - LAW vs. S,C.]OHNSON & SONS, INC. Additional Defendants NOTIFICATION OF BANKRUPTCY Attached hereto is a Notification of Filing of Bankruptcy the Defendants. A stay has issued which will cause the arbitration scheduled for June 30th to be continued pending resolution of the Bankruptcy. GOLDBERG KATZMAN, P.c. (C:~ Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harris burg, P A 17108-1268 717-234-4161 Attorney for Plaintiffs Date: June 15,2006 PURCELL KRUG & HALLER P.02 ~ - , United States Bankruptcy Court Middle District of Pennsylvania Lindsay M Meredith-Hogan 201 Fiddlers Elbow Road Middletown, P A 17057 SSN: xxx-xx-4228 Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 13 of the United States Bankruptcy Code, entered on 06/13/2006 at 3:53 PM and filed on 06/13/200'6. Kristoffer M Hogan 20'1 Fiddlers Elbow Road Middletown, P A 17057 SSN: )1;)1;)1;-)1;)1;-3377 The case was filed by the debtor's attorney: The bankruptcy trustee is: Lisa A Rynard Purcell Krug and Haller 1719 North Front Street Harrisburg, PA 17102 717234-4178 Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, P A 17036 717 566-6097 The case was assigned case number 06-1183 to Judge Mary D France. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30' days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.pamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, P A 17108. You roay be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Arlene Byers Clerk, U.S. Bankruptcy Court It PACER Service Center II httos:llecf.pamb.uscourts.gov/cgi-binlNoticeOfFiling.pl?165717 611312006 TOTAL P.02 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Kathleen Kelly, Esquire Daller, Greenberg & Dietrich, LLP 161 Washington Street, Suite 900 Conshohocken, P A 19428-2060 Kristoffer M. Hogan Lindsay Hogan 201 Fiddlers Elbow Road Middletown, P A 17057 Lisa A. Rynard, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17110 Wayne F. Shade, Esquire 53 W, Pomfret Street Carlisle, PA 17013 Kathleen Shaulis, Esquire 44 South Hanover Street Carlisle, P A 17013 Andrew H. Shaw, Esquire 61 West Louther Street Carlisle, P A 17013 GOLDBERG KATZMAN, P.c. BY:~~ Thomas E. Brenner, Esquire Date: June 15,2006 -,.~~ ,- o ~-- .....' -0 ~.-'::;' .:-..:,.... () "1' ji." rl1C .., 1 _;,., ~ ')Y ~-' I"") ,,': :t'l ,-. C-:. CJ\ ,--" ::::~ :;;,-~ ;:?j :< en