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Home My WebLink About09-0206 G~ & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney LD. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 HGUYEN NGUYEN 2420 Berry Hill Street Harrisburg, Pennsylvania 17104 Plaintiff vs. JULIE F. MCKAIN 1101 Sherwood Drive Carlisle, Pennsylvania 17013 and CHARLES J. MCKAIN 1101 Sherwood Drive Carlisle, Pennsylvania 17013 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Oq - oaoto ~;~~~T~~ CIVIL ACTION -LAW PRAECIPE TO FI~..E WRIT OF SUMMONS PROTHONOTARY: Kindly issue a Summons to Defendants Julie F. McKain and Charles J. McKain in the above captioned matter. GRAHAM & MAUER, P.C. By. ~ ~ Stacy J. Knic ocker, Esquire Attorney for Plaintiff Date: January 12, 2009 ~~ ,. G~ & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. b4483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (b10}933-3333 HGUYEN NGUYEN 2420 Berry Hill Street Harrisburg, Pennsylvania 17104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OAR - aQf~, ~,-vi l ~~wt Plaintiff vs. JULIE F. MCKAIN 1101 Sherwood Drive Carlisle, Pennsylvania 17013 and CHARLES J. MCKAIN 1101 Sherwood Drive Carlisle, Pennsylvania 17013 Defendants CIVIL ACTION -LAW SUMMONS IN CIVIL ACTION TO: JULIE F. MCKAIN You are notified that Plaintiff has commenced a civil action against you which you are required to defend. P thonotar umb and County (Court Seal) Deputy * °° ..v ~'' p W ~ O -p n .~ ~t-;ry ~ J p ~ •.n~r ~~ t 1~ rra~y qq L ~a t_:: '~ ' y C'7 L ..._ ~: t`t tJl .G"- -< G~ & MAUER P.C. By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, P.O. Box 987 Valley Forge, PA 19482 610-933-3333 HGUYEN NGUYEN 2420 Berry Hill Street Harrisburg, Pennsylvania 17104 Plaintiff vs. 3tJI,IE F. MCKAIN 1101 Sherwood Drive Carlisle, Pennsylvania 17013 and CHARLES J. MCKAIN 1101 Sherwood Drive Carlisle, Pennsylvania 17013 Defendants TO THE PROTHONOTARY: Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. b9 - Daum Civ ~ ITerw~ CIVII, ACTION -LAW ENTRY OF APPEARANCE Kindly enter the appearance of Stacy J. Knickerbocker, Esquire, as attorney for Plaintiff Nguyen Nguyen. G~ & MAUER, P.C. By: ~~ Stacy J. ickerbocker, Esquire Attorney for Plaintiff Date: January 12, 2009. C"3 ~ 4 ~ ~° o fl "ta _ n'i L E Ts .~ K.T; ~ ;>~'7. ..4 ~~ BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Attorneys for Facsimile: (717) 975-8124 Defendants, E-Mail: bkronthal@margolisedelstein.com Julie and Charles McKain File#34025.4-00023 HGUYEN NGUYEN COURT OF COMMON PLEAS CUMBERLAND COUNTY, VS. PENNSYLVANIA JULIE F. AND CHARLES J. MCKAIN NO. 09-0206 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file the attached Certificate of Service of the Rule to File Complaint of Defendants, Julie F. and Charles J. McKain. MARGOLIS EJ.~ELSTEIN orrE a~9/6q B Attorney I.D. X55672 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Attorney for Defendants Julie F. and Charles J. McKain BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants, Julie and Charles McICain File#34025.4-00023 HGUYEN NGUYEN VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JULIE F. AND CHARLES J. MCKAIN NO. 09-0206 CIVII, ACTION-LAW ~ ~ `° U -'~' JURY TRIAL DEMANDED -c~ ~~ tT'r r~ -.: ,,., =~::r ~ ~ PRAECIPE FOR RULE TO FILE COMPLAINT ~, ,, . ~~ C .::' ~ ` DD TO THE PROTHONOTARY OF CUMBERLAND COUNTY: -- ~:. ~ ~ ~ ~ ~ w ~m Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days fi om ^ ~ , service hereof or suffer judgment non pros. MARGOLIS ED TEIN DATE: b s o g ~ BARRY A. HAL Attorney LD. #55672 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Attorney for Defendants Julie F. and Charles J. McKain TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. ir# ~e.~~ ~rhr,rre(sf, I herb dnfr~ SEt il1Sf h~t'sd ~ ;~ of s~iti Ct11, at CBr~I:~, P4. g.~.~~ ne aoo9 ~,.~.~ _ . CI~~Ct Pr onotary, 1 County CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ~ day of , 2009, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail. Postage Prepaid. Addressed as Follows Ronald Graham, Esquire Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 By: MARGOLIS :EDELSTEIN Carol Moose M:\mdir\1 Kemper\34025.4-00023 Hguyen v. McKain\Pleadings\Praecipe for COS.7-22-09.wpd 4F THE ~CJ~'F'~f071~~! 2819 Ai~G i ~ RM Z= 51 PENt~-Y~.V G~ & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 HGUYEN NGUYEN : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-0206 vs. JULIE F. MCKAIN :CIVIL ACTION -LAW and CHARLES J. MCKAIN Defendants NOTICE TO DEFEND ADVISO You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are serves by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. Le han demanado a usted en la come. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted time veinte (20) dies de plazo al partir de la fecha de la demands y la 1, notificacion. Dace fella asentar una corn parencia escrita o en persona o con un abogado y entregar a la come en forma escrita sus defenses o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demands en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere que usted sample con lodes las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derenchos importantes pare usted. 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. THIS OFFICE CAN PROVIDE YOU WTI'H THE INFORMATION ABOUT HIRING A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDTATAMEN'I'E. SI USTED NO TIENE ,4BOGADO (O NO TIENE DINERO SUFICIENTE PARR PAGAR A UN ABOGADO), VAYA EN PERSONA O LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIlt ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO.. SI USTED NO TIENE DINERO SUFICIENT'E PARR PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIES QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PARR UN HONORARIO REDUCIDO O NINGUN HONORARIO. GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 HGUYEN NGUYEN : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0206 Plaintiff vs. JULIE F. MCKAIN :CIVIL ACTION -LAW and CHARLES J. MCKAIN Defendants COMPLAINT 1. Plaintiff Hguyen Nguyen is an adult individual residing at 1 Ivy Lane Apartment #7 Harrisburg, Pennsylvania. 2. On information and belief, Defendant Julie F. McKain is an adult individual residing at 1101 Sherwood Drive Carlisle, Pennsylvania. 3. On information and belief, Defendant Charles J. McKain is an adult individual residing at 1101 Sherwood Drive Carlisle, Pennsylvania. 4. On information and belief, Defendant Julie F. McKain and Charles J. McKain are wife and husband. 5. On information and belief, Defendant Julie F. McKain was, at all times pertinent hereto, the operator of a 1999 Dodge Durango. 6. On information and belief, the 1999 Dodge Durango was owned by Defendant Charles J. McKain. 7. On or about August 5, 2003 at or about 11:00 a.m., Plaintiff Hguyen Nguyen was a passenger in a 2002 Honda Accord being operated by Phong Van Nguyen at the Stonehedge Mall parking lot located in Carlisle, Pennsylvania. 8. At said time and place, Defendant Julie F. McKain was operating said 1999 Dodge Durango at the Stonehedge Mall parking lot located in Carlisle, Cumberland County, Pennsylvania. 9. Suddenly and without warning, at said time and place, the vehicle operated by Defendant Julie F. McKain failed to stop at a stop sign and pulled in front of the vehicle in which Plaintiff Hguyen Nguyen was a passenger causing the front of that vehicle to strike the rear of Defendant Julie F. McKain's vehicle. 10. As a result of said collision, PlaintiffHguyen Nguyen was violently thrown about within the vehicle she was a passenger in. 11. As a result of said collision, PlaintiffHguyen Nguyen sustained serious personal injuries. COUNT I -NEGLIGENCE PLAINTIFF HGUYEN NGUYEN V. DEFENDANT JULIE F. MCKAIN 12. Paragraphs 1 through 11 are incorporated herein, as if set forth at length herein. 13. Defendant Julie F. McKain was negligent and careless in the operation of said motor vehicle for the following reasons which include: a. Failure to properly operate, manage and control said motor vehicle; b. Disregarding the rights and safety and position of vehicles on the road, including the vehicle Plaintiff Hguyen Nguyen was a passenger in; c. Failure to operate said motor vehicle with due care for the rights and safety of Plaintiff Hguyen Nguyen; d. Failure to keep a proper lookout; e. Failure to stop in time to avoid striking the vehicle Plaintiff Hguyen Nguyen was a passenger; f. Failing to apply the brakes in a timely manner; g. Failing to control said vehicle in a reasonable and prudent fashion; h. Operating, steering and controlling said vehicle in a careless and negligent manner; i. Failing to avoid the occurrence complained of; j. Failing to remain alert at the wheel; k. Failing to alter her course of travel to avoid a collision with the vehicle Plaintiff Hguyen Nguyen was a passenger in; 1. Failing to drive appropriately, taking into consideration the weather, time of day and other conditions then existing; m. Failing to stop and/or remained stopped at a traffic control device controlling Defendant Julie F. McKain's route of travel; n. Failing to abide by the motor vehicle statutes of the Commonwealth of Pennsylvania; and o. Negligence per se. 14. As a direct and proximate result of the negligence and carelessness of Defendant Julie F. McKain and not due to any act or failure to act on the part of Plaintiff Hguyen Nguyen, Plaintiff Hguyen Nguyen suffered great pain, traumatic anxiety, depression, shock to her nerves, nervous system and other injuries some or all of which may be permanent including, but not limited to left wrist and right knee. Some or all of these injuries are or may be permanent and have caused Plaintiff Hguyen Nguyen great pain and suffering in the past and may continue to do so for an indefinite time into the future. 15. Some or all of Plaintiff Hguyen Nguyen's injuries have caused great pain, mental anguish and a permanent weakening and/or loss of strength and limitation. of movement in those body systems and parts of the body so that they are now exposed to a greater likelihood of reinjury than had these injuries not occurred. In addition, as a further result of these injuries, and the medicines and procedures they made necessary, the integrity and resiliencelresistance to injury of the foregoing body systems have been compromised so that these systems and other component body subsystems are more susceptible to injury and will have an earlier onset of degeneration and other problems than they would have, had Plaintiff Hguyen Nguyen not been so injured. 16. As a direct and proximate result of the negligence and carelessness of Defendant Julie F. McKain, Plaintiff Hguyen Nguyen has been and may continue to be in the future unable to attend to her usual habits, vocations, customs and enjoyment of life. 17. As a direct and proximate result of the negligence and carelessness of Defendant Julie F. McKain, Plaintiff Hguyen Nguyen has been in the past and may continue to be in the future required to undergo medical and surgical treatments and procedures. 18. As a direct and proximate result of the negligence and carelessness of Defendant Julie F. McKain, Plaintiff Hguyen Nguyen has been in the past and/or may be in the future to spend great sums of money for medical and surgical treatment and procedures as a result of her injuries. 19. As a direct and proximate result of the negligence and carelessness of Defendant Julie F. McKain, Plaintiff Hguyen Nguyen has been unable to attend to some or all of her occupations and therefore has suffered in the past and/or may in the future suffer a loss of income and/or loss of earning capacity. 20. Plaintiff Hguyen Nguyen is entitled to recover under the full tort option provided by the Pennsylvania Motor Vehicle Responsibility Law, 75 Pa. C.S.A. § 1701 et seq. WHEREFORE, Plaintiff Hguyen Nguyen demands judgment in her favor and against Defendant Julie F. McKain in an amount which does not exceed the jurisdictional amount requiring arbitration referral by local rule in compensatory damages, interest, costs and such other relief as this Court may deem just and proper. COUNT II -NEGLIGENT ENTRUSTMENT PLAINTIFF HGUYEN NGUYEN V. DEFENDANT CHARLES J. MCKAIN 21. Paragraphs 1 through 20 are incorporated herein, as if set forth at length herein. 22. On information and belief, at all times pertinent hereto, Defendant Charles J. McKain was the owner of the subject motor vehicle operated by Defendant Julie F. McKain at the time of said motor vehicle crash. 23. On information and belief, as the owners of said motor vehicle Defendant Charles J. McKain had an absolute right to control the operation and use of said motor vehicle. 24. On information and belief, Defendant Julie F. McKain was operating said motor vehicle at said time and place within the scope and consent of Defendant Charles J. McKain. 25. On information and belief, Defendant Charles J. McKain negligently entrusted said motor vehicle to Defendant Julie F. McKain when she knew or should have known that Defendant Julie F. McKain was a negligent motor vehicle operator so as to present an unreasonable risk of harm to others upon the highway, including Plaintiff Nguyen Nguyen. 26. Defendant Charles J. McKain were negligent in permitting Defendant Julie F. McKain to operate said motor vehicle without placing limitations on its use, including, among others, driving at a safe speed and obeying traffic control devices. 27. As a direct and proximate result of the negligence of Defendant Charles J. McKain, Plaintiff Nguyen Nguyen has suffered damages, as set forth herein. WHEREFORE, Plaintiff Nguyen Nguyen hereby demands judgment in her favor and against Defendant Charles J. McKain in an amount which does not exceed. the jurisdictional amount requiring arbitration referral by local rule in compensatory damages, interest, costs and such other relief as this Court may deem just and proper. G~ & MAUER, P. C. By: Stacy J. ickerbocker, Esquire Attorney for Plaintiff Date: October 21, 2009 VERIFICATION I, Ronald M. Graham, Esquire, do state that I am the attorney for the within Plaintiff and that the facts set forth in the attached Complaint are, after reasonable investigation, true and correct based upon my information and belief, and further I am making this verification, after reasonable investigation, with the belief that the named Plaintiff is or may be outside the jurisdiction of this Court and therefore named Plaintiff's verification can not be obtain in the time allowed for filing this pleading. This statement is made subject to the penalties of 18 Pa C.S.A §4904 relating to unsworn falsification to authorities. & MAUER, P.C. By' ~~ ~ V Kona~d 1~I. Graham, Esquire Atto ev for Plaintiff j' ~ I ., - r -; , / 1,.. GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 HGUYEN NGUYEN : 1N THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 09-0206 JULIE F. MCKAIN :CIVIL ACTION -LAW and CHARLES J. MCKAIN Defendants CERTIFICATE OF SERVICE I, Stacy J. Knickerbocker, Esquire, do hereby certify that on this 21St day of October, 2009, that a true and correct copy of the within Com laint was sent by first class, postage prepaid US Mail to the following: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 G~ & MAUER., P.C. By: Stacy J. ~ckerbocker., Esquire Attorney for Plaintiff C. t"~ CAA L PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted In triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Hguyen Nguyen ~~ ~: c~ C ' VS. ~ T -~ Julie F. McKain and Chazles J. McKain ~ ' ~ ~ `~ ~' ~ . _. , No. 09-0206 F ,: ta~3Y~ T~:rm 3 1. State matter to be argued (i.e., plaintiffs motion for-new trial, defendant's dernurr~er tq ~ - ---- ~---~~ - complaint, etc.): Defendant's Preliminary Obiections ~ ~ " ~ 2. Identify atl counsel who will argue cases: (a) for plaintiffs: Stacy Knickerbocker, Ronald Graham, CommonsValley Forge, Ste 7, Box 987, Valley Forge PA (Name and Address) Barry Kronthal, 3510 Trindle Road, Camp Hill, PA 17011 (b) for defendants: (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 6, 2010 Signature Barry Kronthal Print your name Defendants ~~^'I~ Attorney for Date: _ / I INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. HGUYEN NGUYEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW N0.09-0206 CIVIL JULIE F. MCKAIN and CHARLES J. MCKAIN, Defendants ORDER AND NOW, this ~' day of October, 2010, the request of Graham and Mauer, P.C., to withdraw as counsel for the plaintiff is GRANTED. ~ Ronald M. Graham, Esquire For the Plaintiff ~ Barry A. Kronthal, Esquire For the Defendants :rlm caP,es -~,,.~~,~ lo~~~,o BY THE COURT, ~~ Kevi .Hess, P. J. c'~ +~-~ ~w ~; --~; ~ t.W r.~ ~ :,.~. ~ ~. .., F .~ ~ __eg d EJ „ _ C:.i "i ~ .'/ . w««~ P~ ~r HGUYEN NGUYEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW N0.09-0206 CIVIL JULIE F. MCKAIN and CHARLES J. MCKAIN, Defendants IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANTS BEFORE HESS, P.J. AND EBERT, J. ORDER AND NOW, this G ` day of October, 2010, following argument thereon, the preliminary objections of the defendants, Julie F. and Charles J. McKain, are SUSTAINED and paragraphs 13(I)(n)(o) and paragraphs 25 and 26 are STRICKEN. The preliminary objection of the defendants seeking dismissal for lack of verification is DENIED. /Stacy Knickerbocker, Esquire ~ Ronald Graham, Esquire For the Plaintiff ~ Barry Kronthal, Esquire For the Defendants :rlm ~p;es ~xa.~ed to~7/~d ~" BY THE COURT, s ~~ Kevin Hess, P. J. ~~ r.- ~ .--a t~: ~ ~ ~ ~~ JT ~ "'~nr ~'~ ~ ~ ~ 'T ` ~ HGUYEN NGUYEN VS. JULIE F. AND CHARLES J. MCKAIN AND NOW, this /a COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0206 ' w CIVIL ACTION-LAW' " JURY TRIAL DEMANDED: ORDER day of &" , 2011, upon consideration of the Motion to Compel Discovery Responses, IT IS HEREBY ORDERED AND DECREED that Plaintiff, Hguyen Nguyen, has ten (1-9) days of the date of,said order to respond to said discovery responses or suffer sanctions upon further application. 7 ?Bk"q A. Kron+hoxl , Esq.. i? Hyyen NSuyen 000" wled 411111 I)o BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 20 11 A ? ( I Af'I (1 ; 3 4 3510 Trindle Road Camp Hill, PA 17011 rUMBEnLA D COUNTY Telephone: (717) 975-8114 P? Y N 1 A Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants, Julie and Charles McKain File#34025.4-00023 HGUYEN NGUYEN VS. JULIE F. AND CHARLES J. MCKAIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0206 CIVIL ACTION-LAW JURY TRIAL DEMANDED MOTION FOR SANCTIONS OF DEFENDANTS, JULIE F. AND CHARLES J. MCKAIN AND NOW, comes Defendants, Julie F. and Charles J. McKain ("Defendants"), by and through their counsel, Margolis Edelstein, hereby files this Motion for Sanctions, pursuant to Pa.R.C.P. No. 4019, averring the following in support thereof: On or about March 8, 2011, Defendants filed a Motion against Plaintiff, Hguyen Nguyen ("Plaintiff") to Compel Answers to Written Interrogatories and Request for Production of Documents ("the Motion") 2. By Order dated March 10, 2011, this Honorable Court granted the Motion and required Plaintiff to respond within twenty (20) days or suffer sanctions upon failure to do so. A copy of the March 10, 2011, Order is attached hereto, made a part hereof, and marked as Exhibit "A.99 Upon checking with the Prothonotary, pursuant to Pa. R.C.P. No. 236, on or about March 11, 2011, this Honorable Court served the Order upon Plaintiff. 4. Pursuant to Pa. R.C.P. No. 440(b), service by mail of legal papers other than original process is complete upon mailing. 5. Thus, Plaintiff was required to respond to the discovery on or before March 31, 2011. 6. To date, however, no responses have been forthcoming. 7 Therefore, Defendants respectfully request that their Motion for Sanctions be granted and that Plaintiff's Complaint be dismissed, in its entirety, with prejudice. WHEREFORE, Defendants, Julie F. and Charles J. McKain, respectfully request that this Honorable Court issue an Order granting Defendants' Motion for Sanctions and ordering that the Complaint of Plaintiff, Hguyen Nguyen, be dismissed, in its entirety, with prejudice. MARGOLIS EDELSTEIN oArE 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day of 2011, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service via U.S. Mail as follows: Hguyen Nguyen 1 Ivy Lane, Apt 7 Harrisburg, PA 17104 MARGOLIS EDELSTEIN By: ('? 0-a-YL, M:\ndir\l Kemper\34025.4-00023 Hguyen v. McKainTleadings\Motion to Compel.4-7-1 l.wpd 000,00' 40yl-r' HGUYEN NGUYEN VS. JULIE F. AND CHARLES J. MCKAIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-0206 CIVIL ACTION-LAW JURY TRIAL DEMANDED ORDER AND NOW, this joi? day of [1 &M , 2011, upon consideration of the Motion to Compel Discovery Responses, IT IS HEREBY ORDERED AND ?wet?.y ?aw? Service o? DECREED that Plaintiff, Hguyen Nguyen, has days of the date of said order to respond to said discovery responses or suffer sanctions upon further application. Mai jol is Bo.?ry A. I ro*hal, £scL IeIKY A. 94-ot, JUDGE tuyen Nguyen HGUYEN NGUYEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C "T3 VS. CIVIL ACTION - LAW -oz = --i r6co NO. 09-0206 CIVIL =M =-n -. JULIE F. MCKAIN and Wr .,_ ? '?. M CHARLES J. MCKAIN, ? ?o Defendants ° o--n IN RE: MOTION FOR SANCTIONS cri > ORDER ? 5- AND NOW, this day of April, 2011, a rule is issued on the plaintiff to show cause why the relief requested in the within motion for sanctions ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Kevin A. ess. P. J. Hguyen Nguyen Plaintiff Barry Kronthal, Esquire For the Defendants `?'" CpPic? M1s l1l 0(108 :rlm