The URL can be used to link to this page

Home My WebLink About01-6457C ,C)MMON ~W~ EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No~ OJ --~:)/'/~'? NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below This block will be signed ONLY when this notafio~ is required under Pa. R.CPJ.P. hk~ 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case $ignalure o! Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J,P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE Enter rule upon (Common Pleas No (This section of torrn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, delach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary , appellee(s), to file a complaint in this appeal Name of appe~,~s) ) within twenty (20) days ufi~ service of role or suffer entry of judgment of non pros. RULE: To Signature of appellant or his a#omey or age. t Name of appe~s) (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days ~f;e~ the date of service of this role upon you by, pmsonal service or by cedified or reg' .mt~l maiL (2) If you do not file a ¢amplaint within this time, a JUDGN~ ,I~'T OF NON PROS W1LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service wasLby mail is the t:late of mailing. Date: ,19 · 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVI~CE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service-M~lS~. BE FILED WITHIN TEN ~10) DA YS AFTER filing ' e. of. appepl. C, hecl~ appfic, ab/e-bOx~ COUNTY OF ' ' AFFI DAVIT: I er~by swear or~ffirm*th~t ~*a~r~ed '. [] a copy of the Notice of Appea|..~Q[nmon_, _ Pleas~No* , uponthe District Ju~ice d~signated therein on (date of service) .19 , '" [] by personal service [] by (certified} (registered) mai. ser]der's · receipt attached heret(~ ~endrt~ the~ppellee, (name) , ,19___~ by I~lersonal service [] by (certified) (registered) - * ma , sender's receipt attached*het'eto. · [] ~nd ~u rth.er ~l't.~ I served the Flule to Fil. e a Corn plaint ~lccompanyin§ t~e above N~!~ O!..~pep. l ~the~app~ ~eff($.~o wl.~om t~h*e Rule was addressed on .. 19 . [] by personal service [] by (certified) [registered) mail, sender'§ receipt attached 'hereto· SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19 ' ~ Signature of official before whom affidavit was made ~itie Oi official Sig~at~f:9~p~ effiaRt My~:oFI, mieaion a.xp~res on COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-04 DJ Name: Hon. '' THOMAS A. PLACEY A~Oress: 104 S. SPORTING HILL RD. MECHANICSBURG, PA te~ephQ~e:(717) 761'8230 ,i ;17050 ROBERT D. KLINE ER 2 BOX 2080 MCCLURE, PA 17841 NOTICE OF J GMENTFFRANSCRIpT ~SYBRA, INC 2913 WINDMILL RD SINKING SPRING, PA 19608 VS. DEFENDANT: NAME and ADDRESS FKLINE, ROBERT D. RR 2 BOX 2080 MCCLURE, PA 17841 / Docket No.: CV-0000422-01 Date Filed: 9/11/01 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT:, Judgment: Judgment was entered for: (Name K~_!NE, ROBERT D ~ . .,~ DEF 001 Judgment was entered against: (Name) in the amount of $ on: Defendants are jointly and severally liable. Damages will be assessed on: (Date of Judgment) This case dismissed without prejudice~ (Date & Time) ~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. Levy is stayed for days or ~ generally stayed. Date: T me: Objection to levy has been filed and hearing will be held: Place: Amount of Judgment ~ $ ,0~ Judgment CoSts $ ,00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ :: Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PI~E~S~,CI~I~, DIVISION. YOU MUST INCLUDE A COPY OF THIS N~;~j~E OF JUDGIVI~T~RIPT FORI~V~¥H~;OI~i'~rICE OF APPEAL. ~' ce~ifY.that this is a true a~opy~, ,~e record °,~~i'~ cgn~i~g the ~Ud;~nt. I I~- ' OIDate ~[ ~ ':, ~ ,Distatoustice[ My commission expires first Monday of Janua~, 2004 v, : : 'SEAL AOPC 315-99 ..=..:,..~ ~ ., ~ ,~::,v~ .~. .......... ( This proof ~se~yic~'T ~ F~E~ WITHIN TEN (10) DA YS AFTER filing the noti~ ~{pJe~Check appl[ga~l~ b~ AF~DAVIT: ' I hereby sweaP.~'~;~ '"' ......... ~ ,*.--J)-.,... .,. 0 1.'~-'7 '; -~"'~ri"~-~ce~d~s~nated therein on o~ me ~o~c~ o~e~y,~)~ 't" _ , . ~ . ~.... :.~ .......... .... d~e of ~rvice)- .// 1~ ,19~' · . U ~ ~~ice-z-~~~gis~eal malk ~noer u - 2¢~/~ ~ ~ersona serv ce ~e(tif ed) (re~stered) ma I sende~ s r~ceipt at~ac~d ~r~. , ~a ~ d~ ~ [~e r ~h~t ~, ~r~ed '~e~~1~ a'c°m plaint acc°mpanying t~-~I~[ARm~L~O'~gBp~ t~'~°m ' - .... '~k~,~e-R~le'~;;-~dr;~;e~'on ' ' ~ 19 U by personal service ~ by (certified) (registered) mail. sender's rece,p~**t.cRea EFORE ME SWORN (AFF~RMEO) AN9 SU _~l~.,D THIS // ~ DAY OF / Signature of officia, before whom .f~it was ~y 60~MtSS~ON ~PIRES FIRST MON. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) tO Ce~i~eq F~ Z I ~ P tmark R~urn R~eIpt Fee (End .... ant Requi~) /.b~ ere (Endomement Required) ~ (~se Pdnt Cleady) (to ~ com~et~ by mai~O ROBERT D. KLINE, ) ) PLAINTIFF ) ) ) v. ) ) SYBRA, INC., ) ) DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-6457 TO: 2913 W'mdmill Road Sinking Spring, PA 19608 NOTICE You have been sued in court. If you wish to defend against the claims set forth on 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 ease may proceed without you and a judgment may be entered against you by the court without further notice for any money chimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights impo~ rtant 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. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 PHONE 717-240-6200 By. Robert D. Kline R.1L 2, Box 2080 MeClure, PA 17841 Plaintiff pro se 570-658-3448 ROBERT D. KLINE, PLAINTIFF V. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW NO. 01-6457 JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT COMES NOW the Plaintiff; Robert D. Kline, pro se who states as follows: 1. Plaintiff; ROBERT D. KLINE, is an adult individual who at all times relevant hereto has residence at R.R. 2, Box 2080, McClure, PA 17841 2. Defendant, SYBRA, INC. at all times relevant hereto is a for profit restaurant corporation with eating establishments at various locations throughout Perm.qylvania and has corporate offices at 2913 W'mdmill Road, Sinking Spring, PA 19608 COUNT I NEGLIGENCE 3. Plaintiff hereby incorporates Paragraphs (1) through (2) of his Complaint as though each paragraph were set forth fully herein. 4. On or about June 22, 2001, Plaintiff drove his 1983 Ford box truck, which is used in his business, to Defendant's restaurant located at 6560 Carlisle Pike, Mechanicsburg, PA 17050 for the explicit purpose of n'~qklng a purchase of food. 5. Upon arrival at the Defendant's restaurant, Plaintiff drove his truck to the electronic ordering location of the Defendant's drive through service area and ordered his food. 6. Alter ordering the Plaintiff was then told, by the employee of the Defendant, who operates the electronic ordering device, to "pull around to the window for your order". 7. Plaintiff did in fact drive his truck to the window in pursuit of his food and when doing so, struck a low hanging awning, which protrudes in the area where traffic would normally pass when picking up food that caused body damage to the Plaintiff's truck in the amount of Three hundred twenty five ($325.00) dollars. Attached as Exlu'bit "A" is a enpy of the estimate for repair of the Plaintiff's vehicle. 8. At no time was the Plaintiff warned by said employee mentioned in Paragraph (6) above or any other employees of the Defendant of any low obstacles to his passage when using the drive through service area or of anything that may make his passage unsafe. 9. Plaintiff believes and, therefore, avers that he had the status of a business invitee of the Defendant and, as such, they owe the highest duty of care to him to warn of dangers to his passage when using the drive through service area. 1 I. Plaintiff believes and, therefore, avers, that the Defendant breached the duty of care required of them and acted unreasonably by failing to warn of obstructions and is, thus, negligent with no comparative negligence on the part of the Plaintiff.. 12. Plaintiff believes and, therefore, avers that the accident described herein would not have occurred but for the negligence of the Defendant in failing to warn through the use of low obstacle signs or such other devices. 13. Plaintiff believes and, therefore, avers that the Defendant's negligence described herein was actual cause of the Plaintiff's damages as the awning and related appurtenances raptured the scratched the side of the Plaimi"~s truck. 14. Plaintiff believes and, therefore, avers that the Defendant has had other similar accidents at it restaurants, which made the accident that the Plaintiff was involved in totally foreseeable and, thus, the proximate cause of the damages suffered by the Plainti~ 15. Plaintiff has been damaged in the following ways by the negligent acts of the Defendant in addition to the damages pleaded in Paragraph (7) above: a. Plaintiffhas had to take his vehicle to and fi'om the repair shop, which required four hours of his time at a cost of $200.00, which is a loss to his business. b. Plaintiffhas lost use of his truck for four days at a cost of $1600.00 to his business, which represents the loss ofearulngs that he would have been able to obtain if he had the full use of his truck. c. Plaintiff's travel to the body shop for repair baa cost the PlaintiffS56.00 for wear and fuel that relates to driving due entirely to the negligence of the Defendant. 16. The mount of money requested herein is within the limits suitable for compulsory arbitration. WHEREFORE, Plaintiff demands judgmem against the Defendant in the amount of Two thousand one hundred eighty one ($2181.00) Dollars plus costs and such other relief as the court may deem appropriate. Respectfully submitted, Plaintiffpro se 570-658-3448 BRYNERS BODY SHOP AUTO & TRUCK REPAIR & REFINISHING RR3, BOX 1526 MIFFLINTOWN, PA 17059 PHONE: 436-9838 NAME TOTA~ SIGNATURE TOTAL ~R .................... TOTAL PARTS ..................... TOTAL REFINISH ................ ' SUBLET TOTAL ..................... _ T~k You - ~o~ ................... VERIFICATION I, Robert D. Kline, Plaintiff~ verify that the facts and information set forth in the forgoing Plaintiff's Complaint" are true and correct. I understand that false statements made therein are subject to the penalties of 18 P.A.C.S. 4904, relating to unsworn falsification to authorities. ~///~ November 26, 2001 Robert D. Klin¢ PlaintiffPro se CERTIFICATE OF SERVICE I, Robert D. Kline, Plaintiff, hereby certify that I served a tree and correct copy of the attached "Plaintiff's Complaint" on the Defendant listed below by depositing same in the United States Mai[ postage prepaid first class certified, on the 26th day of November 2001, and addressed to I)ef~dants as follows: Sybra, Inc. 2913 Windmill Road Singing Spring, PA 19608 Robert D. Kiine PlaintiffPro se ROBERT D. KLINE, PLAINTIFF V. SYBRA, INC., DEFENDANT ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-6457 Final Proof of Service of Notice of Appeal from District Justice Judgment 4 if Restricted Detiveoj Is desired. nt your name and address on the reverse that we can return the card to you, ch this card to the back ct the mailpiece, or on the front if space permits. D. I~de#vaejaddmes~fromlteml? r-l~ If YES, enter delivery addm~ below: [] No ~PeMail [] Registered [] Insured Mai{ [] F. xpms~ Mall [] Return Receipt for Mercham~l~e [] C.O,D. 4. I~etflc~d ~1~ra Fee) i-'l yea 2. ~lcle Numbe~ (Copy from sertn~'e/abe0 3811, o~ 1~ ~e ~m ~ c 7, ' 01HB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, S},bra, Inc. ROI~ERT D. KLIN~, VS. SYBRA, INC., IN THE COURT OF COMMON ]}LEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CWIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Sybm, Inc.. The Defendant reserves the right to otherwise plead in this matter. Respect~lly submitted, LAWO OFJ OB & Don d R. Dorer, Esquire Attorney for Defendant, Sybra, Inc. Identification No. 39126 Date: em r 1 2001 01I-IB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybrn~ Inc. ROBERT D. K~, VS. SYBRA, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CiViL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance To be served by regular first class mail upon: Date: December 13 2001 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 ret, Attorney for Defendant 01HB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant~ Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON I~LEA$ CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CML TERM CIVIL ACTION = LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, SYBRA, INC., TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant, Sybra, Inc. is a for profit restaurant corporation with eating establishments at various locations throughout Pennsylvania. The correct address for the corporate offices of Defendant, Syhra, Inc. is 2909 Windmill Road, Sinking Springs, PA 19608. COUNT I 3. Paragraph 3 is an incorporation by reference paragraph as to which no response is required from answering Defendant. 4.-9. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). 11.-16. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Respectfully submitted, /~ Donald R. Doter, Esquire Attorney for Defendant, Sybra, Inc. Identification No. 39126 Date: December 28. 2001 01HB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, S~-bra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ~ENNSYLVANIA No. 2001-6457 CIVIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. · R. DORER, ~SQUIRE Attorney for Defendant Dated: December 28. 2001 01HB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant~ Sybra~ Inc. ROBERT D. KLINE~ PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 Civil T~RM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer of Defendant. Sybra. Inc.. to Plaintiff Corn lalnt to be served by regular first class mail upon: Date: December 28, 2001 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 Donald R. Dorer, Esquire Attorney for Defendant ROBERT D. KLINE, ) ) PLAINTIFF ) ) ) V. ) ) SYBRA, INC., ) ) DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CML ACTION - LAW NO. 01-6457 Date of Notice: December 21, 2001 IMPORT N~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARINO AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIOHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEOAL HELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 PHONE 717-240-6200 Robert D. Kline R.R. 2, Box 2080 McClure, PA 17841 Plaintiff pro se 570-658-3448 CERTIFICATE OF SERVICE I, Robert D. Kline, Plaintifl~ hereby certify that I served a true and correct copy of the attached "Important Notice" on the individ-ai~ listed below by depositing same in the United States Mail, postage prepaid first class, on the 21st day of Decemhex, 2001, and addressed to the following: Atty. Donald R Dore* Jacobs & Saba 214 Senate Ave. Camp Hill: PA 17011 Robert D. Kllne Plaintiff 5~ ~ 01HB.-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue~ Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CIVIL TERM CML ACTION- LAW JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO ANSWER OF DEFENDANT, SYBRA, INC., TO PLAINTIFF'S COMPLAINT TO ~ PROTHONOTARY: Kindly fde the attached Verification to Answer of Defendant, Sybra, Inc., to Plaintiff's Complaint filed with this Court on or about December 31, 2001 in the above referenced matter. l~spectfully submitted, LAW ~ OF JACOBS ,~/sAB~ By ' Attorney for Defendant Identification No. 39126 01H~.-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, S~,bra, Inc. ROBERT D. VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CIVIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED VERIFICATION I, Tamara John~0n, verify that the statements made in the foregoing Answer of Defendant. Sybra. Inc.. to Plaintiff's Complaint , which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be tree. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: 01I~-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra~ Inc. ROBERT D. KLINE~ PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 Cnr~L T~RM CML ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby cert'rfies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Praec~e to Attach Verification to Answer of Defendant. Sybra. Inc.. to Plaintiff's Complaint to be served by regular first class mail upon: Date: January 11, 2002 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 Donald R. Dorer, Esqutre Attorney for Defendant ROBERT D. KLINE, ) ) PLAINTIFF ) ) ) v. ) ) SYBRA, INC., ) ) DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-6457 PLAINTIFF'S MOTION FOR SANCTIONS AGAINST DEFENDANT COMES NOW, Plaintiff Robert D. Kline who moves this Court for an Order pursuant to Pa. R.C.P. 4019, for sanctions against Defendant for their failure to answer legitimate discovery requests in support thereot~ avers the following: 1. Plaintiff filed "Plaintiff's Complaint" with this Court on November 28, 2001 that was an appeal of a district justice judgment. 2. On or about December 28, 2001 Defendant answered the Plaintiff's complaint with an answer that provides no useable information whatsoever, since all allegations relating to Plaintiff's substantive claims were denied under Pa. R.C.P. §1029(e) Attached as Exhibit 'A" is a copy of" Answer of Defendant, Sybra Inc., to Plaintiff's Complaint". 3. On or about November 30, 2002 Plaintiff served the Defendant with "Plaintiff's Request For Production of Documents and Things Addressed to Defendant" which requested records that, if answered truthfully and completely, may allow the Plaintiff to amend his complaint to seek punitive damages for what the Plaintiff believes is gross, egregious behavior. Attached as Exhibit "B" is a copy of "Plaintifl% Request For Production of Documents and Things Addressed to Defendant" 4. Within the time permitted the Defendant answered in part the Plaintiff's request referenced in Paragraph (3) above, but only provided information that the Plaintiff already had and stated that the other requests were, inter alia, to burdensome and cumbersome. Attached as Exhibit "C" is a copy of the Defendant's answer to "PlaintifFs Request For Production of Documents and Things Addressed to Defendant" 5. On or about December 30, 2001, pursuant to the requirements of thc local rule, Plaintiff served the Defendant with "Plaintiffs Interrogatories Addressed to Defendant" which has not been answered to date. 6. On or about January 31, 2002 Defendant served Plaintiff with a "Petition for Appointment of Arbitrators" which is not time-stamped, bm apparently is filed with the Court. Attached as Exhibit "D" is a copy of"Petition for Appointment of Arbitrators" 7. To date, Plaintiff has not been given the needed information that he should be entitled to. 8. Defendant has never sought the concurrence to Plaintiff when they petitioned this court for the appointment of arbitrators. 9. Plaintiff believes and therefore avers that Defendant's actions herein are an attempt to avoid the legitimate discovery requests of the Plaintiff so that the Plaintiff will fail in adjudicating his claim. 10. Plaintiff believes and therefore, avers that the Defendant ought to be sanctioned for their behavior in ereati~g needless work and process for the Plaintiff as well as this Honorable Court. WHEREFORE, Plaintiff respectfully requests the Court approve the proposed Order annexed hereto as well as order the defendant to answer the discovery requests fully and completely without objection. Robert D. Ktine RR 2, Box 2080 McClure, PA 17841 570-658-3448 YOU ARE HERESY NOTIFIED T~)FILE ~ t A WRITTEN RESPONSE* TO THE ENCLOSED ' WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT ~ MAY BE ENTERED.~GAINST YOU AI"I'OR.I~y ~ ':' , LAW OFFICF3 . JACOBS & Snsa 214 S~NA'm Av~nm Sun~ 503 Ctdva, ltmt, PA 17011 (717) 731-0988 FAX: (717) 731-0987 WE DO HEREBY CERTIFY THE WITHIN IS A TRUE ANO RECT COPY OF THE ORI FILED IN THIS ACTIOI~ BY AI'rORNEY - ~'/.~W'OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp lq'ill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra, Inc. .... ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMIVION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CML TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, SYBRA, INC., TO PLAINTIFF'S COMPLAINT 1. Admitted. Admitted in part and denied in part. It is admitted that Defendant, Sybra, Inc. is a for profit restaurant corporation with eating establishments at various locations throughout Pennsylvania. The correct address for the corporate offices of Defendant, Sybra, Inc. is 2909 Windmill Road, Sinking Springs, PA 19608. COUNT I Paragraph 3 is an incorporation by reference paragraph as to which no response is required from answering Defendant. 4.-9.. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(c). 11.-16. Denied. These paragraphs are generally denied pursuant tO Pa.R.C.P. §I029(e). EX BIT "'/1 '7." ~:- ~ .WI-I~-REFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Respectfully submitted, Donald R. Dor~r, Esquire Attorney for Defendant, Sybra, Inc. Identification No. 39126 Date: December 28. 2001 EXHIBIT" " LAW OFFICES OF JACOBS & SABA . _ 21.4.Senate Avenue, Suite 50:3 Camp Hill, PA 17011 Telephone Number: (717) 731-0958 Attorneys for Defendant, Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE CO~'RT OF COMMON PLEAS CUNIBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CWIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORF_~, ESQUIRE, here. by states that he is the attorney for the Defendant in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. R. DORBR, ESQUIRB Attorney for Defendant Dated: December 28. 2001 EXHIBIT "_ . LAW OFFICES OF JACOBS & SABA - --.~ .21.4.S~nate Avenue, Suite 503 ' Camp Hill, PA 17011 Telephone Number: (717) 7;51-0988 .Attorneys for Defendant, Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA~ INC., DEFENDANT IN THE COiYRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CW~L TERM CML ACTION - LAW JURy TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of'the attached _Answer of Defendant, Svbra, Inc., t;', ,~J3illl~.LC.~s~l]~ to be served by regular flrsi class mail upon: - Date: December 28, 2001 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 Donald R. Dorer, Esquire Attorney for Defendant , ! , ROBERT D. KLINE, ) ) PLAINTIFF ) ) ) V. ) ) SYBRA, INC., ) ) DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-6457 PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENT AND THINGS ADDRESSED TO DEFENDANT The following documents and items referenced below are to be produced for inspection, testing and copying in the above captioned matter at the Plaintiffs residence located at RR 2, Box 2080, McClure, PA 17841 within 30 days of service. You must produce those items possessed or controlled by your or anyone acting or having acted on your behalf including, but not limited to attorneys, accountants, agents, servants, workmen, employees, and other natural person, business or orga~i?ations. The request for production is continuing. Any items, secured subsequem to the production of those requested which would have been includable in the initial requested production are to be supplied forthwith by supplemental production, immediately at, er the same are brought to your attention. The term document as used herein is synonymous with the term record and means any writing, report, memorandum, correspondence, tape or magnetic recording, computer program or date, visual or audio reproduction, sketch, drawing or photograph, or other manual, stenographic, mechanical or other form or record. 1. All documents of any type that reflect any external maintenance or repair, which has been done to any of the restaurants that are owned and/or operated by the Defendant. 2. Architectural exterior design plans for all restaurants owned and/or operated by the Defendant. 3. All accident and/or incident reports that relate to external damage for any restaurant owned and/or operated by the Defendant. 4. Every note, written communication or report made by any employee of the Defendant EXHIBIT", " that in any way relates to this lawsuit. 5. To the extent not requested, every document upon which you rely in asserting a defense in the above captioned action. 6. To the extent not previously requested, copies of all correspondence and memoranda of conversations with or that relate to the Plaintiff that may have been written by officers or employees of the Defendant. Robert D. Kl/ne EXHIBIT" LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0958 Attorneys for Defendant, S~,bra, Inc. ROBERT D. KLINE, VS. SYERA, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CML TERM CIVIL ACTION - LAW JURy TRIAL DEMANDED ANSWER TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS ADDRESSED TO DEFENDANT Objection. This request is overly broad and burdensome, and does not seek the production of information reasonably calculated to lead to the discovery of evidence admissible at time of trial. By way of further response, and without waiving said objection, true and correct copies of all discoverable documents are attached hereto. Objection. This request is overly broad and burdensome, and does not seek the production of information reasonably calculated to lead to the discovery of evidence admissible at time of trial. By way of further response, and without waiving said objection, true and correct copies of all discoverable documents are attached hereto. Objection. This request is overly broad and burdensome, and does not seek the production of information reasonably calculated to lead to the discovery of evidence admissible at time of trial. By way of further response, and without waiving said objection, true and correct copies of all discoverable documents are attached hereto. 4. Objection. This request is overly broad and burdensome, and does not seek the production of information reasonably calculated to lead to the discovery of evidence admissible at time of trial. By way of further response, and without waiving said objection, true and correct copies of ail discoverable documents are attached hereto. Please see attached discoverable documents. By way of further response, the Defendant reserves the right to seasonably supplement this response under the Pennsylvania Rules of Civil Procedure and pursuant to local pre-tfiai rules of Court. Objection. This request is overly broad and burdensome, and does not seek the production of' information reasonably calculated to lead to the discovery of evidence admissible at time of trial. By way of further response, and without waiving said objection, true and correct copies of all discoverable documents are attached hereto. Respect~,~,l!~ ~o/n~tted, /,~ ~n ~orer, ~quire- Attorney for Defendant, Sybra, Inc. Identification No. 39126 Date: December 13 2001 SYBRA, INC. COPY September 7, 2001 John A. ]Bick~ Co-C~sa~rman am] Chief F.~cuffve O.~cer -VIA FEDERAL EXPRESS Clerk of the Court Magistrate District 09-3-04 104 S. Sporting Hill Road Mechanicsburg, PA 17050 Re: Kline v. Sybra~ Inc.: Docket No. CV-0000-422-01 Dea~ Sir or Madam: Please find enclosed for filing in the above-referenced action the counterclaim of Sybra, Inc. against Robert D. Kline. Also enclosed at your request is Sybra's check in the amount of $4.00 to cover the cost of service of this document via certified mail. A representative of Sybra, Inc. will be present for the hearing on this matter, which is currently schedu]ed for September 20t~ at 8:45 a.m. Thank you very much for your assistance in this matter and please do not hesitate to contact me in the event of any questions or problems. JAB:hs Very truly yours, ~'~ohn A. Bicks / EXItmlT" EXHIBIT" copy, COPY October 15, 2001 Hon. Thomas A. Placey 104 S, Sporting Hill Road Mechanicsburg, PA 17055 FAX: 717-737-8'779 RE: Ktine VS Sybra Docket #CV-0000422-01 We are requesting continuance of the above hearing to a day other than a Monday for the following reasons: The Sybra representative, Grog Wehr, is required to be in the Sinking Spring office on Monday to process payroll and other essential business of the restaurants. The only available substitutes are being subpoenaed, so there is no one to fill in for Grog Wehr on Monday. I can be reached at 610-670-5999. The fax # is 610~670-5955. Thank you for your consideration. Grog Wehr District Manager CC: EXHIBIT" John Bicks Tamara Johnson C COPY October 16, 2001 Robert D. Kline RR 2 Box 2080 McClure, PA 17841 Re: Kline vs Sybra Inc CV-0422-01 & 422-01 Dear Mr. Kline: As we notified you previously, Mr. Wehr, the District Manager. is not available for Monday 10/22/01. He was not present at the location at the time of the incident and is needed at the regional office for payroll processing and other essential business. Managers, Charles Rider, Dan McGhee and Tristan Spidle were not present at the site on the day of the incident. John Wingard and Laurel Crouse are the only managers from the subpoena list who were at the site on the day of the incident. If you cannot move the date, we are happy to have Mr. Wingard and Ms. Crouse attend. Surely you can understand that we cannot close our place of business in order to have all the managers attend. Please notify us of your preference, We can be reached by phone at ' 610-670~5999 or fax 610-670-5955. Sincerely, Susan Hohl Office Manager EXHIBIT" CC: John Bicks, Grog Wehr, Hon. Thomas A. Placey Thoma~ A. Pl~cey District Com't 09-3-04 104 S. Spord~g HiU goad Mechanicsburg~ Pa 17050 . 16 O~ober~ 200l COPY 717-761-8Z30 of:fica 717-737-6779 Lax Robert D. Kline RR 2, Box 2080 McClure, PA 3ohn A. Bicks 5ybra, Inc. 780 Third Avenuet 43r~ Floor New York, NY 10017 RE: Kline v. Sybra, Inc. 0/-0422-01 & 422-0i CC001 Gentlemen: Attached is a copy of a facsimile received by the District Court. As it did not come from either of you, it is being forwarded for your review and resolution. If you cannot amicably resolve the witness logistics, it will be handled by the court after a review a written offer of proof by the party who subpoenaed this witness. Until such time as this is complete the witness is excused from attending the trial. TAP:dlo enclosure cc: Grog Wehr Vet EXHIBIT" R.R 2, Box 2080 McClure, PA 17841 Oc~ob~ 17, 2001 VIA FAX TO: District Court 7 I?-73'7o6779 Syb~, I~. 610-670-59:55 Honorable Thoma~ A. PLa~'y I0~ $. Sportia$ Hill Road Mecb,,,.,i~sb~u.g, PA 1.7055 ~ v. Sybr~, Inc. defendant's ~tter n:qurZting ~oncurr~cc for n contlnuaac~ Dear Judge Placey: ! am in recci~ ora L-ttcr date Oc-xol~'r 16, 2001 from th~ defepd-~ to ~aysel/'iodicnUng. inter alia, flint they wo~d h~e the dstc o'f Ibc hem'~g ~:bt'dub~'d ~or 10-22-01 to be chart&cd, it would seem that ~h~ I~,L~ for a continuance iz out of L,~onvcnicnce, vnhich tz hardly a rea.soo for a cont~uz-~¢. As f~ a scheduling b conccrned, k is ~ot convenient for me to ant, od on ~ny da),. Mo~vowr, to icsse~ tt~ burde~ of app--afi~ in a cour~ that i~ 70 mi~ ~orn ~ house, ! have scheduled work in the Mechtmiczbur~ arc-~ for e~rller Oust day. ln~ofiu' az I may have s ~ in this matter, ! sm ~0~cifically objecting to a change oftl~e he.~'~g date arid, tbtts, not concurring v~h t~c def~mdant'$ requcst. Tlma~ for your attcntlon to thiz mm~. :. EXHIBIT" C ,, RE. 2, 3E~x 2080 McClu~e, PA 17S41 C~ob~-r 9, 200! COPY [.-loooreble Thomas A. Placey 104 S. Sporting Hill Road IVle~lum~sburg, FA 17055 ~ Ju~lse Placey: Subpoenas in Kline v. Syb,i., issue subpoena~ on thc ~oLlowing ira.tNiduab Ln the above captioned matter: Mx. Charles Rider, 6.560 Carlisle Pike, Mccha~cisburg, PA 17050 Mx. J'ohn Wingaxd, 1600 Trlndle Road, Camp Hill, PA 17011 ~Ca~ Mx. Dan M,~K~., 6560 Cmt~le P~e, Meg 'hancisl:na'g, PA 17050 Ms. Laurel Croup, 6560 Catlizle Pike, Me~hanci~burg, PA 17050 f~ c~ q~- Mt. Tr~stm Spidl-, 6560 CarLi~ Pike, Mechancbburg, PA 17050 By copy of this letter ] have served the dcf:t,d~. Thanks for your attention to ~ matter. 71%73%6779 fax ? ] %761- 8230 ol~ce lgXHIBIT" O_._ ,, RR 2. Box 2080 McClure, p.a, 17841 August 3, 2001 S E.N.T CERTIFIED 7000 0600 0021 7261 -1~69 Mr. John Wingard c/o Arby's 05¢~0 Carlisle Pike Mechauicsburg. PA 17050 Dear :Mr. t¥,ngard: On o~ abort Jtme 22. 2001, [ dro~'e to your business establlsi~ment :tnd used rl:e through window to purchase lunch. You should be aware that your restaurant's drive- through was nor placarded in any way to warn of'obstrtmtions or hazards of any .type as must (asr ~'bod businesses are Nevertheless..as you may recall, the av,'ninu that protrudes l"rmn the building was lOWer than my truck and'l struck it when ! attempted to puli near the serving window, which did damage to my vehicle. Accord ngly the estimate to do the rel~air of rev truck is $325.00, which [ have enclosed and [ would also add $100.00 to that bill to be ~onsrrued as incidental~consequential damages tbr transporting my truck to and from the repair shop tbr a tota of $425.00 I have not charued you any monev i'br the downtime relating to this incident, which was a cost to my business, but will consider $425 Il) as tbll and final settlement ct'all claim~ rha~ relate to my vehicle in this matter. I"lcase remit the afbrementioned sum within 7 days ct" receipt of this letter or I shall file the matter with the magistrate to seek my remedy. ' Thanks i'br your anticipated cooperation. Sincerely. Robert D. Klirie and Property Damage Report Manager's Name: ... Date: ~ - Z.-~ -0 ( - Date of Occurrence: (~ - 2.'~ -O I Time: ] '..~ (3 ~°r~. ._ ILoca%n If Not Resta. u[~nt ~, '-7 ~ ~ ... Happened? * ~ Police to Whom Reported: ~r%,, .'""~ If Robbery, estimate the amount f~,ken $ (if minor, include name of parent) Name and Address of Owner (if different than above): What Was Damaged? Damage estimates: ..... .:' ._. Business InteruptJon - if unit closed, estimate how !ong: Full Name and Addresses (include thouse ~'~o inspected Iocationas well as those who saw'i~'cident) Witnesses Manager's Do you think, cllam will be made? [] Yes E] Maybe r-I No . · . -'Investigation How could this loss have been prevented.or reduced? - . . Remark~nda§ons:__ .. r'~ ;; . . Manager's 8,i~nature: Date: RR3, BOX 1526 MiFFLIN-TOWN, PA 17059 PHONE: 436-9838 SIGNATURE TOTALS TOTAL PARTS ..... ~ .....$ - pA SALES TAX TOTAL 3809 p~:c~n Harrisburg, PA 17111 ~AX: {717) -; 64-.aa26 S/13701 345 Sybra. Va .a.rby's Ann: Cn'¢g W=hr 2909 Windmill Road Si_hiring Spring, PA. 19608 Stere ~6793 Damaged .-x. wniag 8/13/'01 Idan_~oular Awning ~$1/¢" Long X ~ X 23" for Dviv= Thru Anodized Aluminum Fram~ Faba4¢: .&~ Corporat~ Red · Im~-llatioa Charge 750.00 75.00 6.0¢% ": o.°oz 75.007 ...... ~y ~5i~ EXHIBIT" TOTAL -s~'~n'a -~,ll Types · Awnings. Vehicle Lettering Electrical · Sand Blasted · Banners · Logos August 15.,..2001 Ma'. Greg Wehr 2909 Windmill Road S~kl-g Springs, PA 1960g Dear Cyteg, We installed the new awning at store #6793 last week. I trust everyth~g is al~ right with the awning. I w~s reviewing prexdous invoices with Arby's and found you were charged $975 for the replacing the s~me awning earlier this year.... When comparing the pricing for a whole job as we~l as other jobs we do I feel that price is high. My wife and I, as the new owners, are very interested in maintaining your trust as a customer. We are re,Aewing the pricing structtue of all our products with the goal to be cou~petkive and ~i~ to our ~:al.~o~s. To this end we reduced the price to $750 plus installation. Suzanne and I hope this price is satisfactory. We look forward to doing more business with you in the fixture. $~cerely, Rick Kunk~e, owner EXHIBIT" C LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra~ Inc. ROBERT D. VS. SYBRA, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6457 CIVIL TERM CML ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DOPER, ESQUIRE, hereby states that he is the attorney for the Defendant in this action, and is authorized to verify that the statements made in the foregoing Answer to Plaintiff's Request for Production of Documents and Things Addressed to Defendant are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Attorney for Defendant Dated:~X~i T LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defend__ant, Sybrn, lac. ROBERT D. KLINE, VS. SYBRA, INC., I_N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6457 CIVIL TERM CML ACTION - LAW JURy TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Answer to Plaintiff's Request for Production of Documents and Things Addressed to Defendant To be served by regular first class mail upon: Date: D~/cember 13 2001 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 Attorney for Defendant YOU ARE HEREBY ~{~TIFIEO TO FILE A WRII'FEN RESPONSE TO THE ENCLOSED WITHIN TWENTY (20) DAYS *FR°M .. SERVICE' HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU · BY Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT JACOBS & SABA 214 SEnn~ AVENUE Surr~ 503 Cn~o H~, PA 17011 (717) 731~ F~: (717) 731~ DO HERESY CERTIFY THE WITHIN )S A TRUE ANt RECT COPY OF THE OR FILED IN THIS ACTION BY AYfORNEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CIV-tL T~RM CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE ~DGES OF TI-IE SAID COURT: Donald R. Doter. Esouire , counsel for the Defendant in the above action, respectfully represents that: I. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $ The counterclaim of the Defendant in this action is $ The following attorneys are interested in thc case as counsel or are otherwise disqualified to sit as arbitrators: Donald R. Dorer. Esquire. Attorney for Defendant WI-IgREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shaft be submitted. Respectfully submitted, LAWO ES FIAI ~A B ' 'DoYrald R. Dorer, Es, rare Attorney for Defendant Identification No. 3912~ I XI-ImlT" l),, " AND NOW, attached petition, .. F~quire, and captioned action as prayed for. ,20 _ , in consideration of the , Esquire, , Esquire, ar~ ap~aointed arbitrators in thc abov~- BY TH~ COURT, EXHIBIT ', LAW OFFICES OF JACOBS & ~A~A _ ..~2!.4. Sgnate Avenue, Suite 503 "' Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE CO{JRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CVeIL TERM CML ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Petition for Apoointment of Arbitrators to be served by regular first class m~il upon: Date: Janua 31 2002 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 Donald R. Dorer, Esq~re Attorney for Defendant EXHIBIT ,, VERIFICATION I, Robert D. Kline, Plaintiff, verify that the facts and information set forth in the attached "Plaintiffs Motion for Sanctions Against Defendant" are true and correct. I understand that false statements therein are made subject to the penalties of 18 P.A.C.S. 4904, relating to unsworu fa/siiication to authorities. February2,2002 C~ERTIFICATE OF SERVICE I, Robert D. Kline, Plaintiff, hereby certify that I served a copy of "Plaintiffs Motion for Sanctions Against Defendant" on the Defendant via United States Mail, postage prepaid first class on the February 2, 2002, by mailing a copy addressed as follows to their counsel of record: Atty. Donald R Dorer Jacobs & Saha 214 Senate Ave. Camp Hill, PA 17011 '01HB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA~ INC., DEFENDANT IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CML TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED ANSWER TO PLAINTIFF'S MOTION FOR SANCTIONS AGAINST DEFENDANT 1. Admitted as stated. AdmiRed in part and denied in part. By way of further statement, it is admitted that the Defendant filed an lawful and proper Answer to Plaintiff's Complaint under the roles set forth under the Pennsylvania Rules of Civil Procedure, specifically, Pa.R.C.P. § 1029(e). Admitted in part and denied in part. It is admitted only that, on or about November 30, 2001, Plaintiff served the Defendant with "Plaintiff's Request for Production of Documents and Things Addressed to Defendant". The Defendant is otherwise unable to fi.me a response to the remaining allegations in Paragraph 3 insofar as the Defendant is without any knowledge as to the basis upon which any discovery responses may support any of the Plaintiff's presently asserted, or future, claims in this case. Admitted in part and denied in part. It is admitted that Defendant served Answer to Plaintiff's Request for Production of Documents and Things Addressed to Defendant by letter dated December 13, 2001. By way offutther statement, the Defendant lodged partial objections to the five of the six Requests for Production of Documents issued by the Plaintiff. The Plaintiffhas not filed any Motion seeking disposition of those objections. Denied. It is denied that, on or about December 30, 2001, pursuant to the requirements of the local rule, that the Plaintiff served the Defendant with "Plaintiff's Interrogatories Addressed to Defendant". By way of further statement, it is averred that counsel for the Defendant did not receive a copy of"Plaintiff's Interrogatories Addressed to Defendant"; however, counsel for the Defendant presently is uncertain as to whether the Plaintiffwould have directly served the Defendant with the aforementioned document.~ Admitted as stated. By way of further statement, it is averred that counsel for the Defendant intends to promptly deliver a time-stamped copy of Petition for Appointment of,arbitrators when received by counsel for the Defendant. Admitted in part and denied in part. By way of further statement, the response to Paragraph 4 hereinabove is incorporated by reference as if more fully set forth. By way of further statement, the Defendant is prepared to provide full and complete responses to Plaintiff's Interrogatories to the extent that such Interrogatories are not othenvise subject to lawful objection under the Pennsylvania Rules of Civil Procedure, 4001.1 et. seq. x By way of further procedural background, counsel for the Defendant filed an Entry of Appearance with this Court on or about December 14, 2001. By letter dated December 21, 2001, the Plaintiff served counsel for the Defendant with a Default Notice as set forth under the Pennsylvania Rules of Civil Procedure. Thus, it is further averred that the Plaintiffwas aware of his obligation to communicate directly with counsel for the Defendant following said Entry of Appearance by counsel for the Defendant. Admitted as stated. By way of further statement, insofar as the Plaintiffhad not sought timely disposition of the Defendant's partial objections to the Plaintiff's Request for Production of Documents, and not knowing that the Plalntiffwas attempting to serve Plaintiff's Interrogatories Addressed to the Defendant, counsel for the Defendant mistakenly believed that the Plalntiffwas prepared to have a hearing scheduled in this matter to expeditiously and promptly dispose of Plaintiff's claims against the Defendant. Denied. It is specifically denied that the Defendant's actions are an attempt to avoid the legitimate discovery requests of the Plaintiff.. 10. Denied. To the extent that any of the allegations set forth in Paragraph 10 are deemed factual in nature, said allegations are specifically denied. WHEREFORE, the Defendant respectfully prays this Honorable Court to deny Plaintiff's Motion for Sanctions Against the Defendant under the circumstances set forth herein, and the Defendant further prays, in the alternative, the Court grant leave to the Defendant to file a Praecipe to Withdraw Petition for Appointment of Arbitrators based on the representations of Plaintiffthat he desires to conduct further discovery in this matter, and/or to grant such further relief as may appear just to the Court under the circumstances. Respectfully submitted, AWb F, By:~" ~~ I~n"~ R. Dorer, Es; Attorney for Defendant Identification No. 39126 Date: Febru 7 2002 '01HB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant~ Sybra~ Inc. ROBERT D. KLINE~ PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, I~ENNSYLVANiA No. 2001-6457 CIWL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Answer to Plaintiff's Motion for Sanctions Auainat Defendant to be served by regular first class mail upon: Date: Febm 7 2002 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 ~"~onald R. Dorer, Esquire Attorney for Defendant ORDER OF COURT ~.~ .. ~ ,. /¥ ,20,~;~-,. , in consideration of the ~ow, ~..,,-~,~,-~;, - .. - -//, ~ )o~..~,,,Z,~-~ ~ · 'o~ f~_.~.z~o~'-~ ~'~, ~u~, ~ ~ .(~'~- ~ a~ch~ ~U , f/ ~ ~ ~ ~ ~ ~-~--:~ ~ a~t~ ~i~tors ~ the a~ve- mpfion~ aifion as pmy~ for. ~ BY THE COURT, 01I-IB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attome s for Defendant, Sbra, Inc~ ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN TH~ COURT OF COMMON PLEAS ClYMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 CWH~ TERM Crv~ ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Doter, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached_Petition for A__~pointment of ~ to be served by regular first class mail upon: Date:_ January 31, 2002 . Robert D. Kline R.R.#2, Box 2080 l'//~ McClure, PA 17841 -, / Donald R. Doter, Esqtltre Attorney for Defendant ROBERT D. KLINE, ) ) PLAINTIFF ) ) ) SYBRA, INC., ) ) DEFENDANT FEB :~3.. ZOOZ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-6457 ORI)ER AND NOW, this/~ay of/~v~, 2002, upon consideration of Plaintiffs Motion For Sanctions Against Defendant., pursuant to Pa. IL C. P. 4019, it is hereby ORDERED that ~~' be held for the impositions of sanctions and deciding discovery issues on ~, day of ~/~D~v~o',/m, 2001 at~O:50 o' clock, ~ M., prevailing time, in the ~7/ Courtroom of the Cumberland County Court House, Carlisle, Pennsylvania. Judge ROBERT D. KLINE, Plaintiff VS. SYBRA, INC., : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6457 CIVIL CIVIL ACTION - LAW INRE: ORDER AND NOW, this ~: '7' day of February, 2002, argument previously set for February 28, 2002, is continued pending resolution of a bankruptcy stay order applicable to the defendant. The matter to be rescheduled at the request of either party. BY THE COURT, Robert D. Kline RR 2, Box 2080 McClure, PA 17841 Donald R. Dorer, Esquire For the Defendant :rim Ke~/~. Hess} J. ROBERT D. KLINE SYBRA, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6457 CIVIL TERM : CIVIL ACTION - LAW IN RE: ARBITRATION ORDER OF COURT AND NOW, March 4, 2002, the Petition for Appointment of Arbitrators in the above case having been withdrawn by praecipe, the panel of arbitrators appointed by Order of February 4, 2002, is vacated. By the Court, /'E~mund Myers, Esquire Chairman of the Arbitration Panel ,--F~oobert D. Kline R.R. #2, Box 2080 McClure, PA 17841 (Plaintiff) -/l~onald R. Dorer, Esquire For Defendant 01HB-00172 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA~ INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-6457 Cnrm TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE PROTHONOTAKY: Kindly mark as withdrawn the Petition for Appointment of Arbitrators filed by the Defendant on February 2, 2002, and vacate the Order of February 4, 2002 granting the Petition for Appointment of Arbitrators. Date: March 1, 2002 Respectfully submitted, Attorney for Defendant Identification No. 39126 01HB-00172 *~ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant~ Sybra~ Inc. IN THE COURT OF COMMON PLEAS ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT CUMBERLAND COUNTY~ PENNSYLVANIA NO. 2001-6457 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached praecipe to Withdraw Petition for Apoointment of Arbitrators to be served by regular first class mail upon: Date: March 1, 2002 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 Donald R. Dorer, Esquire Attorney for Defendant ROBERT D. KLINE, Plaintiff VS. SYBRA, 1NC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6457 CIVIL CIVIL ACTION - LAW IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER AND NOW, this ~ ~' day of March, 2004, a brief argument on the plaintiff's motion for sanctions is set for Thursday, April 1, 2004, at 4:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Robert D. Kline R. R. #2, Box 2080 McClure, PA 17841 Donald R. Dorer, Esquire For the Defendant :rim LAW OFFICES JACOBS & ASSOCIATES DONA~,D R. DOI~ER GIRARD E. RICKARDS* JOANNE E. KINZEL Employees of Natlonwide Mutual Insurance Company~ Not a Partnership 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 (717) 731-0988 (FAX) (717) 731-0987 Refer To: 01HB-00172 March 8, 2004 The Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PARALEGALS DENISE E. KAUFFMAN LISA S. WOLFGANG Re: Robert D. Kline vs. Sybra, Inc. Cumberland County: 2001-6457 Dear Judge Hess, This lawsuit arises out of a claim for property damage and other expenses arising out of an alleged incident occurring on June 22, 2001 on which date the Plaintiff claims to have sustained damage to his 1983 Ford box track while after striking a drive-through awning at the Arby's fast food store at 6560 Carlisle Pike, Mechanicsburg, Pennsylvania while in the process of obtaining food fi.om that establishment. The Plaintiff is alleging that the Defendant's store negligently maintained or positioned the awning such that it was too low for the Plaintiff's vehicle. Following an appeal from a District Justice ruling, the Plaintiff filed a Complaint with this Court on or about November 28, 2001, at or near which time the Plaintiff also served discovery requests upon the Defendant, specifically Plaintiffs' Request for Production of Documents and Things Addressed to Defendant. Following the service of answers, with objections, the Plaintiff filed a Motion for Sanctions against the Defendant on or about February 2, 2002. This Honorable Court issued an Order on February 15, 2002 directing that a hearing be held on February 28, 2002. However, by letter dated February 26, 2002, undersigned counsel for the Defendant advised the Court of bankruptcy proceedings involving the Defendant's parent company, and, with the Plaintiff's consent, this Court postponed the heating set for February 28, 2002 and issued a Stay Order on February 27, 2002. In early May 2003, undersigned counsel for the Defendant was informed that the bankruptcy proceedings concerning the Defendant's parent company were concluded on or about December 27, 2002, and, by letter dated May 20, 2003, the Plaintiff Was informed of this *Certified Civil Trial Advocate by National Board of Trlal Advocacy, A Pennsylvania Supreme Court Accredited Agency Bethlehem · Conshohocken · Doylestown · Greensburg · Harrisburg · Philatielphla * Pittsburgh. Wilkes-Barre Page 2 The Honorable Kevin A. Hess 01HB-00172 March 8, 2004 development and provided a copy of Notice of Effective Date dated January 22, 2003 filed in Bankruptcy Court, Southern District of New York. This letter concluded by requesting consent to contact the Court to reschedule the heating concerning the Plaintiff's Motion, but no response has been forthcoming from the Plaintiff. (A tree and correct copy of the letter of defense counsel to the Plaintiff dated May 20, 2003 is enclosed herewith). Accordingly, the Court is respectfully requested to reschedule the heating concerning Plaintiff's Motion for Sanctions to address the discovery issues raised herein, or to otherwise ascertain the Plaintiff's intentions in proceeding with the matter. The~further attention of the Court to this matter is most appreciated. ~cere~ ¥ours~./ ~ DRD:lsw Enclosures c: Robert D. Kline (w/encl.) LAW OFFICES JACOBS & SABA DONALD R. DOPER GIRARD E. RICKARDS* JOANNE E. KINZEL 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 (717) 731-0988 (FAX) (717) 731-0987 PARALEGALS DENISE E. KAUFFMAN CHRISTINA M. DALLY Refer To: 01HB-00172 May 20, 2003 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 Re~ Robert D. Kline vs. Sybra, Inc. Cumberland County: 2001-6457 Dear Mr. Kline, This is to advise that I received notification earlier this month from a representative of Defendant, Sybra, Inc. that bankruptcy proceedings concerning ICH Corporation, the parent company of Sybra, Inc. w&re concluded on or about December 27, 2002, and I enclose a copy of Notice of Effective Date dated January 22, 2003 filed in the United States Bankruptcy Court, Southern District of New York for your records as may be necessary. This was the first notification that I had received concerning disposition of those bankruptcy proceedings which had stayed this litigation since the Order of Judge Hess filed in this matter on February 27, 2002. Please advise me in writing as to whether you consent to my writing to Judge Hess with regard to the rescheduling of a hearing concerning Plaintiff's Motion for Sanctions Against Defendant filed in this matter on or about February 2, 2002, as indicated in the Order of Judge Hess dated February 27, 2002. However, please note that I still have not received a copy of the Interrogatories you reference in that Motion, and I would appreciate it if you would fax me a courtesy copy for my records even if you had sent a copy to Sybra, Inc. at an earlier date. Thank you for your attention. Sincerely yours, DRD:dek be: Mary Hiles bc~ Donald R. Dorer Claim Number: 768521-222 Insured: ICH Corp., Sybra, Inc., dba Arby's #6793 Sybra, Inc. ATTN: Tamara Johnson 01HB-00172 ROBERT D. KLINE R.R. #2, Box 2080 McClure, PA 17841 (PLAINTIFF) ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 2001 .. 6457 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontixmed and ended. Date: Respectfully Submitted, Robert D. Kline, Plaintiff R.R. #2, Box 2080 McClure, PA 17841 By: Donald R. Doter, Esqu±re (Attorney for Oefendant) Jacobs a Associates 214 Senate Avenue, Suite 503 ~ ~ ~ Camp Hill, PA 17011 ~ I.D.#39126 01HB-00172 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Sybra, Inc. ROBERT D. KLINE, PLAINTIFF VS. SYBRA, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 2001 -6457 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Date: May 13, 2004 Robert D. Kline R.R.#2, Box 2080 McClure, PA 17841 Donald R. Dorer, Esquire Attorney :['or Defendant