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Home My WebLink About07-3071PAGE 1 REPORT : ZDRDOCT First Judicial District RUN DATE 02/07/07 USER ID: BTP CIVIL DOCKET REPORT RUN TIME 09:46 AM CASE ID 050900664 ------------------------------------------------------ CASE NUMBER CASE CAPTION 050900664 TRUSCHKE VS MEHTA ETAL FILING DATE COURT LOCATION JURY 09-SEP-2005 AR AC N CASE TYPE: PREMISES LIABILTY, SLIP/FALL STATUS: ORDER/TRNSF OTHER JURISDICTION Seg # Assoc Expn Date Type ID 1 APLF A41629 2 1 3 4 5 6 PLF @5290756 25-OCT-06 DFT @5290758 25-OCT-06 DFT @5290761 DFT @5560769 DFT @5560772 Party Name / Address & Phone No. WEINSTEIN, FREDERICK I 1334 WALNUT ST. 5TH FLOOR, PHILADELPHIA PA 19107 (000)546-7399 TRUSCHKE, REBECCA 208 CAIN WILSON RD CONWAY SC 29526 MEHTA, BIRENDRA 1121 HARRISBURG PK CARLISLE PA 17013 AKA- PIKE MOTEL MEHTA, HANFA 1121 HARRISBURG PK CARLISLE PA 17013 AKA- PIKE MOTEL PATEL, HARDIK C 1121 HARRISBURG PIKE CARLISLE PA 17103 AKA- PIKE MOTEL PATEL, PRAGNA H 1121 HARRISBURG PIKE CARLISLE PA 17103 AKA- PIKE MOTEL Filing Date / Time Docket Entry 09-SEP-05 14:52:00 COMMENCEMENT OF CIVIL ACTION 09-SEP-05 14:52:00 WAITING TO LIST STATUS CONF Date Entered 14-SEP-05 WEINSTEIN, FREDERICK I 14-SEP-05 WEINSTEIN, FREDERICK I REPORT : ZDRDOCT First Judicial District USER ID: BTP CIVIL DOCKET REPORT CASE ID 050900664 Filing Date / Time Docket Entry 09-SEP-05 14:52:00 PRAE TO ISSUE WRIT OF PAGE 2 RUN DATE 02/07/07 RUN TIME 09:46 AM Date Entered SUMMONS 14-SEP-05 WEINSTEIN, FREDERICK I PRAECIPE TO ISSUE WRIT OF SUMMONS FILED. WRIT OF SUMMONS ISSUED. DISCOVERY DEADLINE DATE 6/5/2006. ASSESSMENT REQ'D 09-SEP-05 14:52:00 SHERIFF'S SURCHARGE 2 DEFTS 14-SEP-05 WEINSTEIN, FREDERICK I 09-SEP-05 14:57:33 ACTIVE CASE 09-SEP-05 09-NOV-05 17:07:52 LISTED FOR STATUS CONFERENCE 09-NOV-05 11-NOV-05 00:03:17 NOTICE GIVEN 11-NOV-05 05-DEC-05 14:49:48 WAITING TO LIST RULE DATE 05-DEC-05 ACKERMAN, NORMAN ALL PARTIES FTA NON JURY STATUS 12/5/05 09-DEC-05 15:48:34 LISTED RULE RETURNABLE DATE 09-DEC-05 13-DEC-05 00:01:39 NOTICE GIVEN 13-DEC-05 29-DEC-05 13:34:38 ORDER ENTERED/236 NOTICE GIVEN 29-DEC-05 PANEPINTO, PAUL P IT IS ORDERED THAT PLTF'S COUNSEL HAVING FAILED TO APPEAR AT A STATUS/TRIAL SCHEDULING CONFERENCE AND SUFFICIENT NOTICE BEING MADE UPON SAID COUNSEL, SANCTIONS ARE IMPOSED UPON FREDERICK WEINSTEIN ESQ IN THE AMOUNT OF $500.00. SANCTIONS SHALL BE MADE PAYABLE TO THE FIRST JUDICIAL DISTRICT COURT IMPROVEMENT FUND AND DELIVERED TO THE COMPLEX LITIGATION CENTER, 622 CITY HALL, PHILA, PA 19107 WITHIN 10 DAYS OF THE DATE OF THIS ORDER. NO CASH OR PERSONAL CHECKS. BY THE COURT ...PANEPINTO,J 12/28/05 30-DEC-05 09:26:00 REINSTATE/REISSUE CIVIL ACTION 03-JAN-06 PREACIPE TO REISSUE WRIT OF SUMMONS FILED. WRIT REISSUED. 30 -DEC -05 10:49:33 STATUS HEARING DISPOSED 30-DEC-05 30 -DEC- 05 10:49:50 LISTED FOR SETTLEMENT CONF 30-DEC-05 30 -DEC- 05 10:50:03 LISTED FOR TRIAL 30-DEC-05 10- JAN- 06 11:35:11 SANCTIONS SATISFIED SANCTIONS AGAINST FREDERICK WEINSTEIN 10-JAN-06 ESQ SATISFIED N c?? cv -r? CO CD O -si r rn S 'b.Pip PRp? GOLDBERG & ASSOCIATES, P.C. BY: FREDERICK I. WEINSTEIN, ESQUIRE Attorney No. 41629 Fifth Floor 1334 Walnut Street Philadelphia, PA 19107 (215) 732-2000 REBECCA TRUSCHKE 208 Cain Wilson Road Conway, SC 29526-7007 vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY CIVIL TRIAL DIVISION SEPTEMBER TERM, 2005 HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL 1121 Harrisburg Pike Carlisle, PA 17013 NO. 000664 ?() ?R THY 0 222006 STIPULATION TO TRANSFER vONSSS It is hereby STIPULATED TO AND AGREED UPON by and between the undersigned counsel forthe parties that the above-captioned matter be transferred to the Courtof Common Pleas of Cumberland County, Pennsylvania, the costs of said transfer to be borne the plaintiff. -ALI I ju v? J ME F. ROSENMAN, ESQUIRE FREDERICK I. WEINSTEIUK E A ttorney for Defendants Attorney for Plaintiff Date: ?l r ZZ?Q? J. i - Im ???._ "vaauaavaa L i%,ao vi r iniaucipma wunty For Prothonotary Use Only (Docket Number) Trial Division SEPTEMBER 2 0664 Civil Cover Sheet PLAINTIFF'S NAME DEFENDANT'S NAME BIRENDRA MEHTA & HANFA MEHTA REBECCA TRUSCHKE d/b/a PIKE MOTEL° PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS 208 Cain Wilson Road 1121 Harrisburg Pike Conway, SC 29526-7007 Carlisle, PA 17013 PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL FDEFENDANTS COMMENCEMENT OF ACTION 1 r ? Complaint ? Petition Action ? Notice of Appeal ID Writ of Summons ? Transfer From Other Jurisdictions AMOUNT IN CONTROVERSY COURT PROGRAMS ? $50.000.00 or less ® More than $50 000 00 ? Arbitration ? ? Mass Tort ? Commerce ? Settlement . . Jury ? Non-Jur ? Savings Action ? Minor Court Appeal ? Minors y Petition ? Statutory A ? ppeals W/D/Survival Other: CASE TYPE AND CODE (SEE INSTRUCTIONS) 2S PREMISES LIABILITY, SLIP AND FALL STATUTORY BASIS FOR CAUSE OF ACTION (SEE INSTRUCTIONS) n/a y RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) ® ?? IS CASE SUBJECT TO ??? ?O COORDINATION ORDER? 4 1 Yes No _ Q?OV ? ? ? ? none ? ? TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/P etitioner/Appellant: Papers may be served at the address set forth below. NAME OF PLAINTIFF'SIPETITIONER'SIAPPELLANT'S ATTORNEY ADDRESS (SEE INSTRUCTIONS) FREDERICK I. WEINSTEIN, ESQUIRE U14 Walnut Stmd FMh Fl PHONE NUMBER FAX NUMBER oor PA 1007 546-7399 (215) 732-4940 SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS I E DATE 9/9/05 ?l 1? i ! I L.) . I ? .o, CsOLDBERG & ASSOCIATES, P.C. BY: Frederick I. Weinstein, Esquire Attorney I.D. No.: 41629 1334 Walnut Street, 5th Floor Philadelphia, PA 19107 (215) 732-2000 REBECCA TRUSCHKE 208 Cain Wilson Road Conway, SC 29526-7007 V. BIRENDRA MEHTA & HANFA MEHTA D/B/A PIKE MOTEL 1121 Harrisburg Pike Carlisle, PA 17013 000664 NO. JUN - 5 mne DISCOVERY DEADLINE: --- MAJOR NON JURY ASSESSMENT OF DAMAGES HEARING IS REQUIRED Attorney for Plaintiff PH-fl'' ELPHIA COUNTY COURT -COMMON PLEAS CIVIL TRIAL DIj•SION SEPTEMBER 200SRM, 2005 PRAECIPE TO ISSUE WRIT OF SUMMONS 2K - PREMISES LIABILITY SLIP AND FALL TO THE PROTHONOTARY: Please issue a Writ of Summons against the above-captioned defendants. FRED RICK I. WECINSTEIN, LE Attorney for Plaintiff 10 64,16 O O LO c3v-?a C-i C-i ..? T 1?• j ?1 L9 C • ?., W• ? ,{j r•J C_Ii ( 7 GJ Lh trt s;'? CO O n) -s H F•Y .u? IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA ??'v SLR ?? TRIAL DIVISION - CIVIL I? I VS. TERM, fps kt,1,l NO. (064 GOPIES SENT PURSUANT TO Pa.R.C.P.236(b) ORDER DEC ? 9 2005 FIRST JUDICIAL DISTRICT OF PA AND NOW, this d USER I.D.: ay of '2005, It is ORDERED and DECREED that counsel having failed to appear at a Status/Trial Scheduling Conference and sufficient notice being made upon said counsel, Sanctions are imposed upon ??Q? 2?lC,l( lnSl?n, Esq. in the amount of t? $ Sanctions shall be made payable to THE FIRST JUDICIAL DISTRICT COURT IMPROVEMENT FUND and delivered to Complex Litigation Center, 622 City Hall, Philadelphia, PA 19107 within- days of the date of this Order. NO CASH OR PERSONAL CHECKS. It is further OR?ED that DIRECTED to reimburse is , thei sum of $ which represents the of the failure to appear. Said sanction shall be m yable within days of the of this Order. DOCKETZE cwPLEX LIT CENTER DEC 2 8 2005 J STF-WART BY THE COURT: J. GOLDBERG & ASSOCIATES, P.C. BY: Frederick I. Weinstein, Esquire Attorney I.D. No.: 41629 1334 Walnut Street, 5th Floor Philadelphia, PA 19107 (215) 732-2000 REBECCA TRUSCHKE 208 Cain Wilson Road Conway, SC 29526-7007 V. BIRENDRA MEHTA & HANFA MEHTA D/B/A PIKE MOTEL 1121 Harrisburg Pike Carlisle, PA 17013 r p ' 0JOR NON JURY ZO a9SI&E ' 23$05DAMAGES HEARING IS REQUIRED Attorney for Plaintiff PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION SEPTEMBER TERM, 2005 . NO. 000664 PRAECIPE TO REISSUE SUMMONS 2S PREMISES LIABILITY. SLIP AND FALL TO THE PROTHONOTARY: Please reissue the Summons against the above-captioned defendant(s) upon payment of your costs only. FREDERICK I. WEINSTEIN, ES Attorney for Plaintiff tA?A I COMMON PLEAS COURTS OF PHILADELPHIA glq (l ?? CIVIL LISTING SECTION TRIAL WORK SHEET +-------------------------------------------------------------------------+ Event: STATUS CONFERENCE , at 12/05/2005 14:00 in CH-696 Scheduled: 11/09/2005 , NON-JURY MN - MAJOR NON JURY ------------------+ Judge's Name: Sig ur X ---- - Caption: Case Type: TRUSCHKE VS MEHTA ETAL 2S - PREMISES --------------------+--------------------------------------- LIABILTY, Term and Number: If Consolidated: SLIP/FALL #0509-00664 Term and Number(s) ------- ------------------------------------------------------ +------------+ TRIAL ACTUAL: TOTAL AMOUNT NUMBER OF DATE SHEET DATE : a ( ) JURY ( ) NON-JURY DAYS p2 D - - - - - Disposi io Date: ?i --------------------------------------------- ------ ------------- + FULL DE CRIPTION OF DISPOSITION (To Be Entered VERBATIM On The Docket): t -------------------------------------------------------------------------t ( ) DEFAULT JUDGMENT/COURT ORDERED ( ) JURY VERDICT FOR PLAINTIFF ( ) DISPOSITIVE MOTION GRANTED ( ) JURY VERDICT FOR DEFENDANT ( ) DIRECTED VERDICT ( ) MISTRIAL ( ) DISCONTINUANCE ORDERED ( ) HUNG JURY ( ) DISCONTINUE/TRANSFER BINDING ARB ( ) FINDING FOR DEFENDANT ( ) FINDING FOR PLAINTIFF ( ) DAMAGES ASSESSED ( ) JUDGMENT ENTERED BY AGREEMENT ( ) JUDGMENT ENTERED (CONTINUED NEXT PAGE) ( ) NON-PROS ENTERED ( ) NON-SUIT ENTERED ( ) SETTLED PRIOR TO ASSIGNMENT FOR TRIAL (TEAM LEADERS,only) ( ) SETTLED AFTER ASSIGNMENT FOR TRIAL ( ) RANSFERRED TO OTHER JURISDICTION OTHER (EXPLAIN) Pf MESSEWT PS.R C.PZO) AUG 2 2 2006 PEAS]' L_Cw y,?aOFPA 4 AUG 2 2 2000 4 RYANT-DAVE :r?? .?? ??? ??, -'l.??' .. s, '. L^ ?. ?: 'S ?,?'; COMMON PLEAS COURTS OF PHILADELPHIA CIVIL LISTING SECTION TRIAL WORK SHEET ----------------------------------------------------------------- + Plaintiff's Attorney(s): FREDERICK I. WEINSTEIN PHONE # (000)546-7399 1334 WALNUT ST. 5TH FLOOR, PHILADELPHIA PA 19107 Defendant's Attorney(s): NREP BIRENDRA MEHTA PHONE ## 1121 HARRISBURG PK CARLISLE PA 17013 NREP HANFA MEHTA PHONE # 1121 HARRISBURG PK CARLISLE PA 17013 + -------------------------------------------------------------------------+ CONTINUANCE ARBITRATION APPLICATION FILE ORIGINAL ONLY WITH THE ARBITRATION CENTER FIRST JUDICIAL DISTRICT OF PENNSYLVANIA ENCLOSE STAMPED ADDRESSED ENVELOPES TO ALL COUNSEL. COURT OF COMMON PLEAS LIST ALL COURT TERMS AND NUMBERS OF CONSOLIDATED CASES IN ARBITRATION CENTER SPACE DIRECTLY BELOW. ? Emergency Application 1601 MARKET STREET, 2ND FLOOR ? Non-Emergency Application PHILADELPHIA, PA 19103 COURT TERM AND NUMBER APPLICANT DATE A D TIM OF LISTED HEARING 10 17 06 @ 9:30 A M 0 5 0 9 0 0 6 6 4 ® Plaintiff ? Defendant . . CAPTION Truschke vs. Mehta et al PLAINTIFF'S COUNSEL AND PHONE NO. Frederick I. Weinstein, Esq. (215) 732-2000 DEFENDANT'S COUNSEL AND PHONE NO. Jaime F. Rosenman Es q. (215) 931-45889 ADDITIONAL DEFENDANT'S COUNSEL AND PHONE NO. LIST IOR HEARING DATE(S), PARTY REQUESTING PREVIOUS CONTINUANCE(S), REASON FOR CONTINUANCE(S) N/A 1. THE CONTINUANCE IS NEEDED FOR THE FOLLOWING REASON(S): This case is being tranferred co Lancaster County. Requ est continuance for 60 days. 2. SET FORTH THE SPECIFIC BASIS FOR THE REQUEST AS PROVIDED IN PA. R.C.P. 216 AND PHILA. CIV. R. NO. •1303(c) AND STATE HOW COMPLIANCE WITH SAID RULES HAS BEEN ACCOMPLISHED. PA. R.C.P 216 (A) (1) Agreement of all parties or their attorneys if approved b the court 3. A COPY OF THIS APPLICATION WAMAILS DELIVER !FAXED OOPPOSINGCOUNSELON October 6, 2006 4. Position of Opposing Counsel. (Will not be considered unless position stated.) unopposed 5. Agreed upon continuance date, ifany: December 6, 2006 I hereb certify the above i true and cot ct. ??6A I d CQ (j Signature o.1 Counsel%r Applicant Date 1 ` O DER AND NOW, this day of 20N, upon consideration of the within Application for Continuance, the request for a continuance is Denied Granted and the hearing is rescheduled for on at the Arbitration Center. A ?l? 01-405 (Rev. 12/99) Center DOCKETED 0Cj 06206 . a A Vzgea GOLDBERG & ASSOCIATES, P.C. BY: FREDERICK I. WEINSTEIN, ESQUIRE Attorney No. 41629 Fifth Floor 1334 Walnut Street Philadelphia, PA 19107 (215) 732-2000 ATTORNEY FOR PLAINTIFF REBECCA TRUSCHKE COURT OF COMMON PLEAS 208 Cain Wilson Road OF PHILADELPHIA COUNTY Conway, SC 29526-7007 vs. CIVIL TRIAL DIVISION - BIRENDRAMEHTA & HANFA MEHTA SEPTEMBER TERM, 2D?5 D/B/A PIKE MOTEL 1121 Harrisburg Pike Carlisle, PA 17013 NO. 000664 ;- .7 STIPULATION TO AMEND CAPTION It is hereby STIPULATED TO AND AGREED UPON by and between the undersigned counsel forthe parties that the caption of the above-captioned matter be amended to read as follows. REBECCA TRUSHKE 208 Cain Wilson Road Conway, SC 29526-7007 V. MLLD PRO FROTHY HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A Pike Motel NOV O 1 2008 1121 Harrisburg Pike R. WEISS Carlisle, PA 17013 J E F. ROSENMAN, ESQUIRE Att ney for Defendants Date: ?b l r)lo FREDERICK I. WEINSTEIN, ESQUIRE Attorney for Plaintiff r J. COURT OF COMMON PLEAS PHILADELPHIA COUNTY PROTHONOTARY'S OFFICE Phila. Case Number: 664 SEPT. 2005 Dear Sir/Madam: By order of the FIRST JUDICIAL DISTRICT, Philadelphia County, COURT OF COMMON PLEAS, the enclosed case(s) are transferred to the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. Accordingly, I am enclosing all related filings. I would appreciate the return of the attached green receipt addressed to the attention of THE PROTHONOTARY'S OFFICE CERTIFICATION UNIT ROOM 266 CITY HALL PHILADELPHIA, PA 19107 ATTENTION: JOSEPH MANGINI If you have any questions, please call 215-686-6663. Very truly yours, Joseph Mangini 10-279W 3 GOLDBERG & ASSOCIATES, P.C. -n s , BY: Frederick I. Weinstein, Esquire MAJOR?NOOE?t? Attorney I.D. No.: 41629 ASSESSM O?DAM??? 1334 Walnut Street, 5th Floor Philadelphia, PA 19107 HEARING f$® ED (215) 732-2000 Attorney for Pia ntiff REBECCA TRUSCHKE PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION V. SEPTEMBER TERM, 2005 HARDIK C. PATEL & PRAGNA PATEL D/B/A PIKE MOTEL NO. 000664 PRAECIPE TO TRANSFER VENUE TO CUMBERLAND COUNTY TO THE PROTHONOTARY: Please transfer venue in the above captioned case to Cumberland County as per the attached Court Order. FRED RICK I. WWEI STEIN Attorney for Plaintiff -? '.fir 7 :? •-• -? '!^: r,3 r_ w w STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendants E-mail: sbankoO)margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE, NO. 07-3071 Plaintiff v. CIVIL ACTION - LAW JURY TRIAL DEMANDED HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL, Defendants PRAECIPE TO ENTER APPEARANCE LIS EDELSTEIN Date: b 61 By: V ?? STE H Y/? . BANKO, JR. Attorney or Defendants TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendants, Hardik C. Patel and Pragna H. Patel d/b/a Pike Motel, in the above-captioned matter. r CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the ]ttday of August, 2007, and addressed as follows: Frederick I. Weinstein, Esquire Goldberg & Associates, P.C. 1334 Walnut Street Fifth Floor Philadelphia, PA 19107 (Counsel for Plaintiff) Angela M. Gayman, Se etary 71 - w= 171 ?{ { Cf T r• STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 Attorney for Defendants FAX: (717) 975-8124 E-mail: sbankob-maraolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE, NO. 07-3071 Plaintiff CIVIL ACTION - LAW V. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL, Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pro,, Date: August 2007 By: Attorney No. 41727 Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE, NO. 07-3071 Plaintiff CIVIL ACTION - LAW V. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL, Defendants RULE TO THE PLAINTIFFS: JURY TRIAL DEMANDED You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated: 811414007 s " R. Drr1? Prothonotary ,` CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the day of August, 2007, and addressed as follows: Frederick I. Weinstein, Esquire Goldberg & Associates, P.C. 1334 Walnut Street Fifth Floor Philadelphia, PA 19107 (Counsel for Plaintiff) QV?fi? 6 Angela . Gayman, Secre t'") ?tia c:? ;-? c,3 `- ti? ` ,-? ? ? ? af!' i.::". . ., ? -? . . w R ?: t?7 : ? V ra? + - y; _ - ._., /... _.? , .. ? ?',7 .r.? J? \ yr`.? / 4?r,J -? STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko(&-marciolisedelstein.com Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE, Plaintiff V. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL, Defendants NO. 07-3071 CIVIL ACTION - LAW JURY TRIAL DEMANDED --------------------------------------------------------------------------------------------------------------------- PROOF OF SERVICE The undersigned hereby certifies that a true and correct copy of Rule to File Complaint of Defendants, Hardik C. Patel and Pragna H. Patel d/b/a Pike Motel , was served upon the person and in the manner indicated below: Service by First Class Mail Frederick I. Weinstein, Esquire Goldberg & Associates, P.C. 1334 Walnut Street Fifth Floor Philadelphia, PA 19107 (Counsel for Plaintiff) RGOLIS EDELSTEIN Date: August 1 '2007 By: l StVeWL. Banko, Jr., Esquire Attorney No. 41727 Counsel for Defendants 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE, Plaintiff V. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL, NO. 07-3071 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants --------------------------------------------------------------------------------------------------------------------- RULE TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. 1014A? AMU Dated: 8/14/oW . DKS othonotary A Tedw rf ? a? .- ?Rrdo set tit m am t1w aw C14 In ??Uft c2gaz At CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the KD-t1jdav of , 2007, and addressed as follows: Frederick I. Weinstein, Esquire Goldberg & Associates, P.C. 1334 Walnut Street Fifth Floor Philadelphia, PA 19107 (Counsel for Plaintiff) N Qt?v Angela . Gayman, Se retary ?a "' (_ 7 ?^ C ? ? f r r ?J 1 '. ? C? ? ? _ ?? f a ?: ? GOLDBERG & ASSOCIATES, P.C. BY: Frederick I. Weinstein, Esquire Attorney I.D. No.: 41629 1334 Walnut Street, 5th Floor Philadelphia, PA 19107 (215) 732-2000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE 208 Cain Wilson Road Conway, SC 29526-7007 Plaintiff V. HARDIK C. PATEL AND PRAGNA H. PATEL DB/A PIKE MOTEL 1121 Harrisburg Pike Carlisle, PA 17013 Defendants NO. 07-3071 CIVIL ACTION-LAW CIVIL ACTION-LAW NOTICE You have been sued in court. If you wish to defend against the claims set foith in the following pages, you suet 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 po 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 lone money or property or other -rights important to you. YOU SHOULD TARE 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 FORTE BELOW TO FIND OUT WHERE You CAN GET LEGAL BELP. avzav Le has demandado a usted an Ia corts. Si usted quiere defenderse de setae demand&& expaestas an las paginas aiguientes, noted tiene veins 120) than de plaso al partir do la fscha de la demands y Is notificacion. Hace faits asentar sea comparencia escrita o en persona o con un abogado y ent ar a la cone on forma escrita sus defensas o bus ?ecionso a las demandas on contra de on persona. Sea avioado quo of noted no se defiends, la cone tomara medidas y puedo continuar is demands en contra ouya sin previo aviso o notificacion. Adasas, la corts puedo _decidir a favor del demandante y requiers qne noted cumpla con todas lam provisiones de eats dents". Voted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEvE ESTA DEMAND^ A UN AEOGADO INMEDIATAMENTE. SI NO TIENE AEOGADO O SI No TIENt EL DINERO SUFICIENTE DE MGM TAL SERVIClo, VAYA EN PERSONA O MAKE POR TELZrOH0 A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA. ASAJO PARA AVERIGUIR DOME SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association- 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 GOLDBERG & ASSOCIATES, P.C. BY: Frederick I. Weinstein, Esquire Attorney I.D. No.: 41629 1334 Walnut Street, 5th Floor Philadelphia, PA 19107 (215) 732-2000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE 208 Cain Wilson Road Conway, SC 29526-7007 Plaintiff V. HARDIK C. PATEL AND PRAGNA H. PATEL DB/A PIKE MOTEL 1121 Harrisburg Pike Carlisle, PA 17013 Defendants NO. 07-3071 CIVIL ACTION-LAW co n? I a- ?* rA- CIVIL ACTION-LAW 1. address. 2. Plaintiff, Rebecca Truschke is an individual residing at the above captioned Defendants, Hardik C. Patel and Pragna H. Patel, d/b/a the Pike Motel are individuals and a business organized and existing under the laws of The Commonwealth of Pennsylvania and during all times herein, were the owners of the Pike Motel located at the above stated address. 3. On September 14, 2003, defendants were the owners of Room 112 and the surrounding property of Room 112 including the light fixture outside Room 112 and the steps leading to and from the door to Room 112 of the Pike Motel. 4. On September 14, 2003, plaintiff was a business invitee of defendants as she was staying as a guest in Room 112 of the Pike Motel. 5. On September 14, 2003, defendants were responsible for maintaining the condition of the light fixture, the steps, and the surrounding area in front of Room 112 of the Pike Motel. 6. On September 14, 2003, some of the steps leading from Room 112 of the Pike Motel were covered with grass and had been in that condition for some time prior thereto. 7. On September 14, 2003, the light fixture that was supposed to illuminate the steps in front of Room 112 of the Pike Motel was broken and not functioning. 8. On the aforesaid date, the grass that was covering some of the steps leading from Room 112 of the Pike Motel were wet and slippery. 9. On the aforesaid date, as plaintiff was exiting Room 112 of the Pike Motel and walking down the steps coming from Room 112, she was caused to slip and fall as a result of the wet/slippery grass, resulting in serious injuries to her. 10. On the aforesaid date, at the aforesaid property, defendant negligently, carelessly and/or willfully and wantonly created the condition which caused the injury to plaintiff and/or maintained or possessed the area on said steps in a dangerous condition which caused the injury to plaintiff; and the specific acts of negligence include, but are not limited to, defendant's failure to: a) Design and/or construct said steps so as to protect against and prevent injury to persons lawfully walking thereon; b) Maintain the steps so as to protect against and prevent injury to persons lawfully walking thereon; c) Inspect the steps so as to protect against and prevent injury to persons lawfully walking thereon; d) Adequately warn persons lawfully walking on said steps of the dangerous and hazardous conditions; e) Adequately clean and remove the grass from the steps in front of Room 112, Pike Motel; f) Ensure that the light fixture outside of Room 112 was working properly; g) Conform to federal, state and local codes, ordinances, regulations and standards regarding design, construction, inspection, maintenance and warning of conditions located on said steps. 11. By reason of the aforesaid negligence, plaintiff sustained or may have sustained injuries to the bones and/or discs, joints, organs, nerves, muscles, ligaments and/or soft tissues of the body, limbs and head, including but not limited to fracture of the left distal fibula; plaintiff further sustained or may have sustained psychological and emotional injuries, all of which have caused and/or may in the future continue to cause physical pain, emotional distress, loss of enjoyment of life activities and/or impairment of earning capacity. 12. As the result of the aforesaid injuries, plaintiff has been and may in the future be obliged to expend money for medical care and treatment, medicines, medical appliances, x-rays, hospitals, transportation and other related items, and plaintiff claims reimbursement from defendant. WHEREFORE, plaintiff seeks judgment against defendants in an amount not in excess of the jurisdictional limits of compulsory arbitration. GOLDBERG & ASSOCIATES, P.C. BY: FRED RICK I. WEINSTEIN DIRE Attorney for Plaintiff, Rebecca Truschke VERIFICATION The undersigned, having read the attached pleading, verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not of signer. Signer verifies that he/she has read the within pleading and that it is true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleadings are that of counsel, verifier has relied upon counsel in taking this verification. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. 2ZA- DATED: I ° ?i c? -?- ---+ ?. ?- ?° -- ....? ?_--? ? ?a ?,? ??' ? ?? GOLDBERG & ASSOCIATES, P.C. BY: Frederick 1. Weinstein, Esquire Attorney I.D. No.: 41629 1334 Walnut Street, 5th Floor Philadelphia, PA 19107 (215) 732-2000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE 208 Cain Wilson Road Conway, SC 29526-7007 Plaintiff V. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL 1121 Harrisburg Pike Carlisle, PA 17013 Defendants Proof of Service NO. 07-3071 CIVIL ACTION-LAW The undersigned hereby certifies that a true and correct copy of Plaintiff s Complaint against Defendants was served upon the person and in the manner indicated below: Service By First Class Mail Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Defendants) .w GOLDBERG & ASSOCIATES, P.C. Date: September 11, 2007 BY: FREDERICK 1. WEINSTEIN, Counsel for Plaintiff, Rebeccer r-a G to r STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court 1. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko@margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE, Plaintiff V. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL, Defendants NO. 07-3071 Attorney for Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Rebecca Truschke c/o Frederick I. Weinstein, Esquire Goldberg & Associates, P.C. 1334 Walnut Street Fifth Floor Philadelphia, PA 19107 (Counsel for Plaintiff) You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: /0 1 rl C' MAR I EDELSTEIN By: ST P N C. BANKO, JR. Attorney for Defendants J STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 Attorney for Defendants E-mail: sbankoD-margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE, NO. 07-3071 Plaintiff CIVIL ACTION - LAW V. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL, JURY TRIAL DEMANDED Defendants ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments concerning Plaintiff's current residence address and, therefore, said allegation is denied. 2. Admitted in part and denied in part. The Pike Motel is a fictitious name for a motel and lodging facility owned by Defendants, Hardik C. Patel and Pragna H. Patel. Accordingly, there is no other business organization which has been organized for the purposes of owning or operating the Pike Motel. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that the steps at or near room 112 were covered with grass. Rather, the steps are concrete and while there may be grass growing on either side of the steps, there certainly was no grass growing thereon. 7. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. By way of further answer, Plaintiff never made any complaints that an exterior light on room 112 was not functioning. Additionally, there was overhead lighting in the areas of the alleged fall. 8. Denied. The answer contained in paragraph 6 hereof is incorporated herein by reference as if set forth in its entirety. 9. Denied. The answer contained in paragraphs 6 and 8 hereof are incorporated herein by reference as if set forth in their entirety. By way of further answer, with regard to any allegation that Plaintiff fell at any time on the premises of the Pike Motel, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 10a-g). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, the answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. To the extent that there was any "dangerous condition," which allegation is specifically denied, such condition was open and obvious as Plaintiff had rented and occupied Room 112 for several weeks both prior to and subsequent to the alleged fall. 11. Denied. The answer contained in paragraph 10 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, with regard to any allegation that Plaintiff sustained any injury as a result of any conduct on the part of Defendants, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 12. Denied. The Answer contained in paragraph 11 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendants, Hardik C. Patel and Pragna H. Patel, demand judgment in their favor and against Plaintiffs. NEW MATTER 13. The Answers contained in paragraphs 1 through 12 hereof are incorporated herein by reference as if set forth in its entirety. 14. Plaintiff's claim, if any, is or may be barred by the applicable statute of limitations. WHEREFORE, Defendants, Hardik C. Patel and Pragna H. Patel, demand judgment in their favor and against Plaintiffs. MARGOLIS EDELSTEIN Date: 611 ? By: N L. BANKO, JR. Attorney for Defendants VERIFICATION I, Hardik C, Patel, have read the foregoing Answer to Plaintiff's Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: C79 / 2-S O Hardik C. Patel CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of Lcht4 , 2007, and addressed as follows: Frederick I. Weinstein, Esquire Goldberg & Associates, P.C. 1334 Walnut Street Fifth Floor Philadelphia, PA 19107 (Counsel for Plaintiff) I r Angela . Gayman, Se retary ~? ?7 f 1 L . ? ? rn ' .t, { r? 14.+? w` ..1 .. ,.. ? ?" ,> i? , ?? ` w GOLDBERG & ASSOCIATES, P.C. BY: Frederick I. Weinstein, Esquire Attorney I.D. No.: 41629 1334 Walnut Street, 5th Floor Philadelphia, PA 19107 (215) 732-2000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE Plaintiff v. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL NO. 07-3071 CIVIL ACTION-LAW Defendants PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 13-14. DENIED. The allegations in paragraphs 13 and 14 of Defendant's New Matter are conclusions of law to which no response is required under the applicable rules of civil procedure. WHEREFORE, Plaintiff hereby respectfully requests this Honorable Court enter an Order in accordance with the prayer in her Complaint. GOLDBERG & ASSOCIATES, P.C. W BY. FREDERICK I. WEINSTE UIRE Counsel for Plaintiff, Rebecca Truschke VERIFICATION The undersigned, having read the attached pleading, verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not of signer. Signer verifies that he/she has read the within pleading and that it is true and correct to the best of signer's knowledge, information and belief. To the extent that the contents of the pleadings are that of counsel, verifier has relied upon counsel in taking this verification. This verification is made subject to the penalties of IS Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: X GOLDBERG & ASSOCIATES, P.C. BY: Frederick I. Weinstein, Esquire Attorney I.D. No.: 41629 1334 Walnut Street, 5th Floor Philadelphia, PA 19107 (215) 732-2000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE NO. 07-3071 Plaintiff V. HARDIK C. PATEL AND PRAGNA H. PATEL D/B/A PIKE MOTEL CIVIL ACTION-LAW Defendants CERTIFICATE OF SERVICE I, FREDERICK I. WEINSTEIN, hereby certify that on the 23rd day of October, 2007, I served a true and correct copy of Plaintiff's Reply to Defendant's New Matter via first class mail, postage prepaid, upon the following Counsel of record: Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Defendants) . , . . GOLDBERG & ASSOCIATES, P.C. otkv BY: FREDERICK I. WEINSTEIN, E IRE Counsel for Plaintiff, Rebecca Truschke C ? ' C) -1 V f ?. ? "F M _...8 ro P.- i . w GOLDBERG & ASSOCIATES, P.C. BY: FREDERICK I. WEINSTEIN, ESQUIRE Attorney I.D. Number: 41629 1334 Walnut Street Fifth Floor Philadelphia, PA 19107 Attorney for Plaintiff (215) 732-2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA TRUSCHKE NO. 07-3071 vs. HARDIK C. PATEL AND CIVIL ACTION-LAW PRAGNA H. PATEL D/B/A PIKE MOTEL ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended upon payment of your costs only. GOLDBERG & ASSOCIATES, P.C. BY: FREDERICK I. WEINSTEIN, ESQUIRE Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the eday of -h I_, 2008, and addressed as follows: Frederick I. Weinstein, Esquire Goldberg & Associates, P.C. 1334 Walnut Street Fifth Floor Philadelphia, PA 19107 (Counsel for Plaintiff) Angela A. Cayman, S retary a C) T ? c ,, 7-4