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HomeMy WebLinkAbout02-0784PAUL W. KLINE AND MARY W. KLINE, PLAINTIFFS HARRY V. PATCHIN, DMD, AND CHERYL PATCHIN DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. f3-7 q _. : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writs of Summons and deliver them to the Sheriff for service on the Defendants at the following addresses: HARRY PATCHIN, DMD 407 S 32ND STREET CAMP HILL, PA CHERYL PATCHIN 407 S. 32ND STREET CAMP HILL, PA ID #21358 2917 North Front Street Harrisburg, PA 17110-1260 (717) 234-2401 Attorney for Plaintiffs Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Paul W. Kline and Mary W. Kline, Plaintiff Vs. Harry V. Patchin, DMD and Cheryl Patchin 407 S 32nd Street Camp Hill, PA 17013, Defendant Court of Common Pleas No. 02-784 Civil Term In CivilAction-Law To Harry V. Patchin, DMD, and Cheryl Patchin You are hereby notified that Paul W. Kline and Mary W. Kline the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date February 13, 2002 CURTIS R. LONG Prothonotary By ~ j< ,~z~ ~ 67 Deputy ATTORNEY Name: Mark S. Fenice, Esq. Address: 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for: Plaintiff Telephone: 717-234-2401 Supreme Court ID No. 21358 SHERIFF'S RETURN - REGULAR CASE NO: 2002-00784 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KLINE PAUL W ET AL VS PATCHIN HARRY V DMD ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PATCHIN HARRY V DMD the DEFENDANT , at 1337:00 HOURS, on the 25th day of February , 2002 at 407 S 32ND STREET CAMP HILL, PA 17011 by handing to HARRY V PATCHIN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ ~ day of ~ ~ 2_~ A.D. ' Prothonotary ~ ' So Answers: R. Thomas Kline 03/0~/2002 MARK FENICLE By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00784 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KLINE PAUL W ET AL VS PATCHIN HARRY V DMD ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PATCHIN CHERYL the DEFENDANT at 527 DEVON ROAD CAMP HILL, PA 17011 at 1705:00 HOURS, on the 27th day of February , 2002 by handing to CHERYL PATCHIN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this /,7 t~ day of ~,, ~_,~ · ~6v3 ~ A.D. Pro[honorary J So Answers: R. Thomas Kline 03/04/2002 MARK FENI CLE Deafly ~erlff Jefferson J. Ship,n, Esquire I.D. #51785 GOLDBERG, KATZM3%N & SHIPF~%N, P.C. 320 Market Street P. O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants PAUL ~/ND MARY KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiffs HA~RRYAND CHERYL PATCHIN, Defendants : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 02-784 CIVIL TERM : : JURY TRIAL DEM3~NDED 'PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendants, Harry V. Patchin, DMD and Cheryl Patchin, in the above-referenced action. 78266. GOLDBERG, KATZMAN & SHIPMJAN, P.C. J~f~fson J. Shipman,- f~ire 3~0 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: 234-4161 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the d~Ly of ~ , 2002, addressed to the following: Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108 Telephone: (717) 234-4161 Attorney for Defendants 78290.1 Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants PAUL AND MARY KLINE, Plaintiffs HARRY AND CHERYL PATCHIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02-784 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please issue a Rule upon within twenty (20) days after of non pros. the Plaintiffs to file a Complaint service hereof, or suffer judgment GOLDBERG, KATZMJkN & SHIPMAN, P.C. e P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants RULE TO: Mark S. Fenice, Esquire, 2917 North Front St., Harrisburg, PA 17110-1260, Attorney for Plaintiffs A Rule against Defendants within twenty (20) days of ser~-~ce DATE ~-%t J~! ~2. Curt Long, Prothono~ 78296.1 is hereby issued upon Plaintiffs to file a Complaint hereof, or CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Har~sburg, Pennsylvania, with first-class postage prepaid on the ;~ day ofl~ , 2002, addressed to the following: Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. ~Esquire P.O. Box 1268 Harrisburg, PA 17108 Telephone: (717) 234-4161 Attorney for Defendants 78290.1 PAUL KLINE and MARY W. KLINE Plaintiffs HARRY and CHERYL PATCHIN Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-784 S, 2002 :CIVIL ACTION - LAW :JURY TRIAL DEMANDED COMPLAINT And now, this day of June, 2002, come the Plaintiffs, Paul Kline and Mary W. Kline, through their attorney, Mark S. Fenice, Esquire, and respectfully aver as follows: 1. Plaintiffs, Paul Kline and Mary W. Kline, are adult individuals, husband and wife, residing at 8656 President Drive, Hummelstown, Pennsylvania. 2. Defendants, Harry Patchin and Cheryl Patchin are adult indviduals residing in Cumberland County, Pennsylvania 3. Defendants, Harry Patchin and Cheryl Patchin are the owners of real property located at 407 South 32nd Strcct, Camp Hill, Pennsylvania. 4. Defendant, Harry Patchin, DMD maintains a dental practice and his principal place of business at 407 South 32nd Street, Camp Hill, Pennsylvania. 5. The facts and occurrences hereinafter stated took place o or about February 14, 2000, at or near 407 South 32nd Street, Camp Hill, Pennsylvania at or about 7:45 A.M. COUNT 1- PAUL KINE V. HARRY PATCHIN AND CHERYL PATCHIN 6. At the aforesaid time and place, plaintiff, Paul Kline was lawfully upon the premises as a dental patient of defendant Harry Patchin. 7. At the aforesaid time and place plaintiff, Paul Kline had completed his dental appointment with the defendant Harry Patchin and had exited the building and was attempting to traverse defendant's parking lot to reach his automobile. 8. While attempting to traverse the area from the building to his automobile, Plaintiff encountered icy conditions which caused his foot to slip out from under him causing him to lose his balance and fall to the ground violently striking his right hip and the right side of his body. 9. As a direct and proximate result of losing his balance and falling to the ground the plaintiff, Paul Kline sustained the following injuries, included but not limited to: a. lumbar sprain and strain. b. cervical sprain and strain. c. Contusions and abrasions to the right hip and buttock. d. Severe shock to nerves and nervous system. e. Muscle, ligament and bone damage to right hip and buttock. 10. The injuries sustained by the Plaintiff were the direct and proximate result of the negligence and carelessness of the defendants in the following particulars: a. In failing to keep the parking lot free from ice. b. In failing to apply materials to the parking lot that would melt the ice and/or keep it from fo..ing. c. In failing to apply materials to the ice to provide traction and reduce the slippery conditions on the premises caused by the ice. d. In failing to light the parking lot adequately. e. In failing to warn the plaintiff of the icy conditions existing in the parking lot. f. In allowing the ice to accumulate on the surface of the parking lot. g. In allowing a dangerous and unsafe condition to exist upon the property in violation of the duty owed to invitees lawfully on he property. h. In failing to discover the unsafe condition existing on the premises. 11. As a direct and proximate result of the injuries sustained, the plaintiff has been forced to expend certain sums of money in an effort to restore himself to health. 12. Plaintiff is advised and therefore avers that he will be forced to expend additional sums of money in the future in an effort to restore himself to health. 13. As a direct and proximate result of his injuries plaintiff has sustained a diminution and loss of life's pleasures for which damages are claimed. 14. As a direct and proximate result of his injuries plaintiff has sustained great pain and suffering for which damages are claimed. WHEREFORE, plaintiff demands judgment against defendants in an amount exceeding compulsory arbitration. COUNT TWO- MARY W. KLINE V. HARRY PATCHIN AND CHERYL PATCHIN. 15. Paragraphs 1 through 14 are incorporated herein as though fully set fort below. 16. As a result of defendants' negligence, plaintiff, Mary Kline has been deprived of the society, companionship, contributions and consortium of her husband, Paul Kline, to her great detriment. And loss. 17. As a result of the defendants' negligence, plaintiff, Mary Kline has incurred and will in the future incur large medical bills and expenses to treat her husband's injuries. 18. As a result of defendants' negligence, plaintiff, Mary Kline, has suffered a disruption in her daily habits and pursuits and a loss of life's pleasures for which damages are claimed. WHEREORE, Plaintiff demands judgment against the defendants in an amount in excess of the amount requiring compulsory arbitration. RESPECTFULLY SUB--D, Mark S. Fenice 4423 North Front Street Harrisburg, PA (717) 230-9201 ID#21358 Attorney for Plaintiffs VERIFICATION I hereby verify that the facts contained in the forgoing Complaint are true an correct t he best of my knowledge, information and belief. I understand that false statements contained herein are made subject the penalties contained in 18 Pa C.S.A. § 4904 relating to unso~n~al~,~csti~n to authorities. PauYKline ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint was served upon the Defendants by U.S. Mail, First Class, Postage Prepaid addressed as follows: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman 320-E Market Street Harrisburg, PA 17101 Date: June 10, 2002 Mark S Fenice, Esquire Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZ]W3~N & SHIPM3%N, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants PAUL A_ND MARY KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiffs V. HARRY AND CHERYL PATCHIN, Defendants CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 02-784 CIVIL TERM : : JURY TRIAL DEMANDED NOTICE TO THE PLAINTIFFS: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. DATE ~ ~ ~_~ ~ 80941.1~ ~ GOLDBERG, KATZNLAN & SHIPMAN, P.C. ~efferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendants Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717} 234-4161 Counsel for Defendants PAUL AND MARRY KLINE, Plaintiffs HARRY AND CHERYL PATCHIN, Defendants THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 02-784 JURY TRIAL DEMANDED _A/~SW-ERAND NEW MATTER AND NOW, come the Defendants, Harry and Cheryl Patchin, by and through their counsel, Goldberg, Katzman & Shipman, P.C., and file the following/Answer and New Matter in response to the Complaint of Plaintiffs, Paul Kline and Mary W. Kline: 1. Admitted. 2. Admitted. 3. Denied. 4. Admitted. 5. Admitted. COUNT I Paul Kline v. Harry Patchin and Cheryl Patchin 6. Admitted. 7. Denied. After reasonable investigation the answering Defendants, Mr. and Mrs. Patchin, are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 7 and the same are, therefore, denied and strict proof demanded at time of trial. 8. Denied. After reasonable investigation the answering Defendants, Mr. and Mrs. Patchin, are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 8 and the same are, therefore, denied and strict proof demanded at time of trial. 9. Denied. After reasonable investigation the answering Defendants, Mr. and Mrs. Patchin, are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9, subparagraphs (a) through (e) relating to Plaintiffs' alleged injuries, and the same are, therefore, denied and strict proof demanded at time of trial. 10. Denied. The averments contained in paragraph 10, subparagraphs (a) through (h) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. a. It is specifically denied that the Defendants were negligent in allegedly failing to keep their parking lot free from ice; b. It is specifically denied that the Defendants were negligent in allegedly failing to apply materials to the parking lot that would melt the ice and/or keep it from forming; c. It is specifically denied that the Defendants were negligent in allegedly failing to apply materials to the ice and provide traction and reduce the slippery conditions on the premises allegedly caused by the ice; d. It is specifically denied that the Defendants failed to light the parking lot adequately; e. It is specifically denied that the Defendants failed to warn the Plaintiff of the alleged ice conditions existing in the parting lot; f. It is specifically denied that the Defendants allowed the ice to accumulate on the surface of the parking lot; g. It is specifically denied that the defendants allowed a dangerous and unsafe condition to exist upon the property allegedly in violation of the duty owed to invitees lawfully on the property; and h. It is specifically denied that the Defendants were negligent in allegedly failing to discovery the allegedly unsafe condition existing on the premises. 11. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 relating to Plaintiff's alleged monetary expenses and the same are therefore denied and strict proof demanded at time of trial. 12. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 relating to Plaintiff, s alleged monetary expenses and the same are therefore denied and strict proof demanded at time of trial. 13. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 relating to Plaintiff, s alleged loss of life's pleasures and the same are therefore denied and strict proof demanded at time of trial. 14. Denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 relating to Plaintiff's alleged great pain and suffering and the same are therefore denied and strict proof demanded at time of trial. WHEREFORE, the Defendants, Harry Patchin and Cheryl Patchin, respectfully requests that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. ~OUNT II Mar W. Kline v. Harr Patchin and Cher 1 Patchin 15. Defendants incorporate herein by reference their answers to Paragraphs 1 through 14 above as though fully set forth herein at length. 16. Denied. The averments contained in paragraph in Paragraph 16 are in part conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 16 relating to the loss of consortium and the same are therefore denied and strict proof demanded at time of trial. 17. Denied. The averments contained in paragraph in Paragraph 17 are in part conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 17 relating to Plaintiff, s alleged medical bills and expenses and the same are therefore denied and strict proof demanded at time of trial. 18. Denied. The averments contained in paragraph in Paragraph 18 are in part conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 18 and the same are therefore denied and strict proof demanded at time of trial. WHEREFORE, the Defendants, Harry Patchin and Cheryl Patchin, respectfully requests that judgment be entered in their favor and that Plaintiffs, Complaint be dismissed with prejudice. N--EWM-ATTER By way of additional answer and reply the Defendants, Harry Patchin and Cheryl Patchin, interpose the following new matter defenses: 19. The Plaintiffs, claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42, Pa. C.S.A. ~7102 e~t ~eg., and by the Doctrine of Comparative Negligence. 20. That the Plaintiff failed to exercise reasonable care for his own safety under the circumstances then and there existing. 21. That the Plaintiff was comparatively negligent and failed to exercise reasonable care for his own safety in the following: (a) Walking inattentively without first ascertaining whether it was safe to do so; (b) Knowingly and voluntarily encountering an obvious danger; (c) Failing to wear suitable shoes; (d) Failing to watch where he was walking; (e) Walking in a hurried or otherwise inappropriate manner; and (f) Filing to park his car closer to the doorway. 22. That the Plaintiff's failure to exercise reasonable care for his own safety was a substantial factor in the happening of the accident. 23. That if a dangerous condition existed at the time of the Plaintiff's accident, which is denied, then Defendants aver that they did not have actual or constructive notice of the dangerous condition prior to the accident. 24. That Plaintiffs' injuries and damages, if any, were not caused by any acts, omissions or breaches of duty by answering Defendants. 25. That Plaintiff knowingly and voluntarily assumed the risk of his injuries under the circumstances then and there existing by identifying a dangerous condition, appreciating its dangerous character, and voluntarily proceeding to encounter the condition. WHEREFORE, the Defendants, Harry Patchin and Cheryl Patchin, respectfully requests that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. 80918.1 ~.D.#: 51785 P.O. Box 1268 Harrisburg, PA 17108 Telephone: (717) 234-4161 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the y of , 2002, addressed to the following: Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. ~fe/z erson J. ShipMan, Esquire 1~. D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108 Telephone: (717) 234-4161 Attorney for Defendants 78290.1 VERIFICATION We, Harry V. Patchin and Cheryl Patchin, hereby acknowledge that we are the Defendants in this action; that we have read the foregoing and that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Har~y V. ?atch±n Cheryl~ch ' n Date: 79076.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all Parties or COUnsel of record by depositing a Copy of same in the United States Mail at Harri~_~d~burg' Pennsylvania, with first-class POstage prepaid on the Y o~, 2002, addressed to the following: Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for Plaintiffs 78290.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. BOX 1268 Harrisburg, PA 17108 TelePhone: (717) 234-4161 Attorney for Defendants Jefferson J. Shipman I.D.//51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 C7~ 234-41~ Counsel for Defendants PAUL and MARY KLINE, Plaintiffs HARRY and CHERYL PATCH1N, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-784 Civil Term CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Oflntent. CERTIFICATE OF SERVICE I HEREBY CERTII~Y that I served a true and c, orrect copy of the foregoing document upon ail counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, on the / ! ~ day of /~c~ ~ 9t J -P ,2003, addressed as follows: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 GOLDBERG. KATZMAN & SHIPMAN, P.C. By. Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants CK)LDBERG, KATZMAN & SHIPMAN, P.C. By Jeffer~n J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants Jefferson J. Shipman I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants PAUL and MARY KLINE, Plaimiffs HARRY and CHERYL PATCH1N, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-784 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: NOTICE OF INTENT TO SERVE SEBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs and their attorney, Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 PLEASE TAKE NOTICE that Defendant intends to serve three subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. By 320 Mark:et Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234.-4161 Counsel fbr Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified postage prepaid, at Harrisburg, Pennsylvania, on the ~) ] ,~r- ,:lay of "~ [7 ,2003, addressed as follows: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAUL and MARY KLINE, Plaintiffs HARRY and CHERYL PATCHIN, Defendants CIVIL ACTION-LAW NO: 02-784 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pro,qressive Casualty Insurance (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records regarding claim number 012002841565100000, accident date 6~23~02 perta n n,q to Paul Kline SSN: 207-07-4211 DOB: 2/15/21 at Goldberg, Kalz~.an & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. You may deliver or mail legible copies of the documents or prol-luce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court c, rder compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID # Jefferson J. Shipman, Esquire 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 51785 Seal of/the COud ~ BY THE COURT: Prothonotary/Clerk, Civil~iv~ie~ (.- Deputy (Eft, 7/97) COMMONWEALTH OF PENNSYLVANI,~ cOUNTY OF CUMBERLAND PAUL and MARY KLINE, Plaintiffs HARRY and CHERYL PATCHIN, Defendants CIVIL ACTION-LAW NO: 02-784 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS :)R TH NGS FOR DISCOVERY PURSUANT TO RULE! 4009.22. TO: Prudential Property & Casualty (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records re,larding claim number 46W16358, accident date 6/23102 pertainin.q to Paul Kline SSN: 207-07-4211 DOB: 2/15/21 at Goldberg, Katzman & Shipman, P.C.. 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-126u. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 320 Market Street, P.O. Box 1268 Hardsbur.q, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID# 51785 DATE: UfOs-! /j¢~''~¢~--~ Seal of tl~'e Cour~ BY THE COURT: Prothonotary/Clerk, Civil Divisio~¢- ~-- / --- ~. Deputy (Eft. 7/97) coMMONWEALTH OF PENNSYLVANIA coUNTY OF-CUMBE'~RLA-NQ--~ PAUL and MARY KLINE, Plaintiffs HARRY and CHERYL PATCHIN, Defendants : CIVIL ACTION-LAW : NO: 02-784 i JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THING._~S -- FOR DISCOVERY PURSUANT To~RL~L~" 400~99.22_ State Farm Insurance companies TO: --- (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce or things: a_~_~L and ali records reqardin~ claim number 38J965940.~__aaccident date the following documents -- -- ~-~ ' ~ - 6123102 pertaining to Paul Kline sSN: 207-07-4211 DOB: 2/15/21 at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1z68. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above· You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought· If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS issUED AT THE REQUEST OF THE FOLLOWING PERSON: Jefferson J. Ship_man, Esquire NAME: -~ Market Street, P,_O. Box 1268 ._ ADDRESS: Hardsburq, PA 17108-__11268 TELEPHONE: __(~17) 234-4161 SUPREME cOURT ID #_ 51_785 BY THE cOURT: Prothonotary/Clerk, Civil~i~s~ DATE:~ (Eft. 7/97) Jefferson J. Shipman I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 lvfarket Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant PAUL and MARY KLINE, Plaintiffs HARRY PATCHIN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-784 Civil Term CIVIL ACTION - LAW /URY TRIAL DEMANDED DEFENDANT'S PETITION FOR A STATUS CONFERENCE AND NOW, comes the Defendant, Harry Patchin, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Petition for Status Conference by respectfully stating the following: 1. The instant case involves a slip and fall accident which occurred on or about February 14, 2000 at or near 407 South 32na Street, Camp Hill, Pennsylvania. 2. The case was initiated by Writ of Summons filed on February 13, 2002; the Complaint was filed on June 10, 2002. 3. Defendant has answered the Complaint and the pleadings are closed. 4. Defendant sent discovery requests on June 18, 200Z but Plaintiffs' counsel has failed to respond. (documents and correspondence attached as Exhibit "A"). 5. Defense counsel has made numerous requests that Plaintiffs' depositions be scheduled. (correspondence attached as Exhibit "B"). 6. Defendant respectfully requests that a status conference be scheduled with the Court for the purpose of setting discovery deadlines, as well as to discuss when this matter may be listed for trial. WHEREFORE, the Defendant respectively requests that this Honorable Court enter an Order scheduling a status conference. Date: Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, BZATZPU~N & SHIPb[AN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants PAUL AND MARY KLINE, Plaintiffs Vo H~RY AND CHERYL PATCHIN, Defendants IN THE COURT OF COPiMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 02-784 CIVIL TERM JURY TRI~L DEMANDED INTERROGATORIES OF THE DEFEND2LNTS, FOR ANSWER BY THE PI2~INTIFF TO: Plaintiffs and their attorney, Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for Plaintiffs PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, e__~t seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. DATE: L/t~/~- 80942.1 GOLDBERG, ~TZMAN & SHIPMAN, P.C. B i - ~fferson J.. Shipman, Esquire I.D.#: 517,35 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true ~nd correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the (hay__ of~J,i.-~ , 2002, addressed to the following: Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. ~f~son j.I Shipman, Esquire I.D.9:51785 P.O. Box 1268 Harrisburg, tN 17108 Telephone: I717) 234-4161 Attorney for Defendants 80942.1 34 Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZF~N & SHIP}LnaN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants PAUL AND MARY KLINE, Plaintiffs HARRY ~kND CHERYL PATCHIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 02-784 CIVIL TERM JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF THE DEFENDANTS, FOR RESPONSE BY THE PLAINTIFF TO: Plaintiffs and their attorney, Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for Plaintiffs Pursuant to Pennsylvania Rules of Civil Procedure No. 4009, please submit for inspection and copying to the law offices of Goldberg, Katzman & Shipman, P.C., 320 Market Street, Harrisburg, Pennsylvania, within thirty (30) days from the date hereof, the following: 1. Any of the documents or instrumentalities involved in the incident, or photographs of the same if the instrumentality cannot be made available for inspection by reason of bulk or unavailability. 2. Ail photographs obtained during the course of your investigation of the matters relating to this lawsuit. 3. Copies of all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true ~nd correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the , 2002, addressed to the following: Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. %~7'~ Shipman, Esquire P.O. Box 1268 Harrisburg., PA 17108 Telephone: (717) 234-4161 Attorney for Defendants 80945.1 3 June 18, 2002 Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784-Cumberland County Common Pleas Dear Mr. Fenice: Enclosed please find discovery for response by your clients. Very truly yours, JJS:mem Enclosures Jefferson J. Shipman 320 MARKET STREET · STRAWBERRY SQUARE P.O. Box 1268 · HARRISBURG, PENNSYLVANIA 17108-1268 717.234.4161 ' 717.234.6808 (FAx) GOLDBERG, KATZMAN ATTORNEYS AT LAW SHIPMAN, P.C. September 26, 2003 OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NElL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GuY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZI THOMAS J. WERER STEVEN E. GRUBB JOUN DELORRNZO JOHN R, NINOSKY ROYCE L. MORRIS DAVID M. STEOKEL HEATHER L. PATERN- BENJAMIN D, ANDREOZ; Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784 Cumberland County Common Pleas Dear Mark: I am writing to request your agreement to schedule your clients' depositions here at our office. Please contact either myself of my paralegal, Linda Greenleaf, with available dates in order that these depositions can be accomplished. Very truly yours, JJS:mem Jefferson J. Shipman · Greenleaf, Linda C. From: Sent: To: Subject: Gmenleaf, Linda C. Wednesday, December 03, 2003 3:27 PM 'mfenice~aoLcom' Kline v. Patchin Mr. Shipman wants to schedule depositions in this case. Please call me et 234-4161 to set dates. I've left messages on your phone machine and Mr. Shipman sent a letter on Sept. 26th with the same request. Thank you, Linda C. Greenleaf, Paralegal to Jeffemon J. Shipmam GOLDBERG, KATZMAN ~It I PMAN, P.C. December 10, 2003 COUNSEL Jos~u^ D. LOCK ARNOLD B. ~OGAN ARTHUR L, GOLDBERG (I95D2000) HARRY B. GCLDBERG (196t-1998) RONALD ~. KATZMAN PAUL J. ESFOSITO NEIL HEND ERSHOT J. JAY COOFE~ THOMAS ]~. BRENNER JOHN A. STA'rbEE APRIL L. STI{ANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERaY J. Rvsso MICHAEL J. CROGKNZI JOHN DELORENZO Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784 Cumberland County Common Pleas Dear Mr. Fenice: I am writing to request your agreement to schedule your clients' depositions here at our office. I have called several times, sent an email on December 3rd and Mr. Shipman sent a letter on September 26th requesting same. Please contact me with available dates in order that these depositions can be accomplished. Thank you for your cooperation. Very truly yours, Linda C. Greenleaf Paralegal to Jefferson J. Shipman P.O. Box 1268 · HARRISSUR(;. PENNSl'IA, AN1A 17108-1268 ?17.234.416~ · 7!~.234.6808 (F^x) GOLDBERG, KATZM^N SHIPMAN, P.C. December 17, 2003 COUNSEL JosHu^ D. Lock ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (I961-1998) RONALD M. K^TZMAN PAUL J. ESPOSITO NElL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLRR APRIL L. 8TRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. RUssO MICHAEL J. CROCENZI THOMAS J. ~IEBER 8TEVEN E. GRUBB JOHN DELORENZO JOEN R. N~NOS~¥ ROYCE L. MORRIS DAVID M. STECKEL HEATHER ~. PATERNO BENJAMIN D. ANDREOZZI Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784 Cumberland County Common Pleas Dear Mark: We have been attempting for quite some time to schedule your clients' depositions. If we cannot make progress within the next two weeks, it will be necessary to file an appropriate Motion with the Cumberland County Court. Very truly yours, Jefferson J. Shipman GERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon ail counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, on the ~v~ nc~ day of ~/O~ ~xa r )/ ,2004, / addressed as follows: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant PAUL AND MARY KLINE, PLAINTIFFS V. HARRY PATCHIN, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-0784 CIVIL TERM ORDER OFCOURT AND NOW, this 9th day of February, 2004, the within petition for a status conference, IS DENIED? Mark S. Fenice, Esquire For Plaintiff Jefferson J. Shipman, Esquire For Defendant :sal ~ Defense counsel should schedule depositions whether plaintiff's counsel will cooperate or not. If plaintiff fails to comply with discovery defendant should file a motion for sanctions. Jefferson J. shipman, Esquire I.D. %51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1266 Harrisburg, PA 17108-1268 {717) 234-4161 Counsel for Defendants PAULANDM3~RY KLINE, Plaintiffs HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-784 CIVIL TERM JURY TRI~L DEMANDED MOTIQN TO COMPEL ANSWERS TO DISCOVERY AND NOW, his counsel, 1. This case arises out of a office of Harry V. Patchin, D.M.D., comes the Defendant, Harry Patchin, by and through and files the following Motion to Compel: fall do%rn accident at the on February 14, 2000. e of two years. 3. Discovery was sent to 18, 2002. See attached Exhibit 4. The litigation in this case has been pending in excess the Plaintiffs on or about June To date, the discovery has been unanswered in spite of numerous attempts by defense counsel to obtain discovery answers. Defense counsel has also made repeated requests of Plaintiffs' counsel to schedule his clients' depositions. See Exhibit ~B". 5. A Discovery Conference is requested for the purpose of setting discovery deadlines and assuring that the case proceeds without delay. WHEREFORE, the Defendant respectfully request that this Honorable Court schedule a Discovery Conference at its earliest convenience in order to set discovery deadlines and move the instant matter to a conclusion. 106981.1 Respectfully submitted, G0~D~RG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipr~an, Esquire ~. 00.M~orxke~2~t8 rest Harrisburg, PA 17108-1268 Attorneys for Defendants June 18, 2002 Mark S. Fenice, Esquire 2917 North Front Street Harrisburg, PA 17110-1260 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784-cumberlend County Common Pleas Dear Mr. Fenice: Enclosed please find discovery for response by your clients. Very truly yours, Jefferson J. Shipman JJS:mem Enclosures 320 MARKET STREET · STRAWBERRY SQUARE P.O. BOX 1268 ® HARRISBURG. PENNSYLVANIA 17108.1268 717.Z34.4161 ® 717.234.6508 (PAX) GOI.,DBERG, KATZMAN ~'~ ATTORNEYS AT LAW SHIPMAN, P.C. September 26, 2003 OF COUNSEL · F. LEE SHIPMAN JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. COLDBERO (19SI-2000) HARRY B. OOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J, ESPOSITO NRIL HENDERSHOT I. JAY COOPER THOMAS E. BRENN£R JOHN A. STATLER APRIL L. STRANG-KUTAY GuY H. BROOKS JlgFFERSON J. SHIPMAN JERRY I. Russo MICHAEL J. CROC£NZI Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784 cumberland County Common Pleas Dear Mark: I am writing to request your agreement to schedule your clients' depositions here at our office. Please contact either myself of my paralegal, Linda Greenleaf, with available dates in order that these depositions can be accomplished. Very truly yours, JJS:mem Jefferson J. Shipman 320 M^EKET ~TREET o 8TRAVgBRRRY SQUARE P.O. BOX I268 · H^RRISBURC;, PE~NSYl. V^HI~ 17108-1268 717.234.4161 "717.234.6808 (FAX) GOLDBERG, KATZMAN ATTORNEYS AT LAW SHIPMAN, P.C. December 10, 2003 COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951~Z000) HARRY B, GOLDBERG (1961-I998) RONALD ~. KATZM^N PAUL .[. ESPOSITO NElL ~{RNDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. BTATLEE APRIL L. BTSANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN J~aRY J. Russo MICHAEL J, CROCENZI THOMAS J. WEBER STEVEN E, ORUBB JOHN DELORENZO JOHN R. NIHOSKY ROYCE L. MORRIS DAVID M. ~TECKEL HEATHER L. ?ATERNO BENJAMIN D. ANDREOZZI Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784 Cumberland County Common Pleas Dear Mr. Fenice: I am writing to request your agreement to schedule your clients' depositions here at our office. I have called several times, sent an email on December 3~a and Mr. Shipman sent a letter on September 26~ requesting same. Please contact me with available dates in order that these depositions can be accomplished. Thank you for your cooperation. Very truly yours, Linda C. Greenleaf Paralegal to Jefferson J. Shipman Dec:ember 17, 2003 Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784 Cumberland County Common Pleas Dear Mark: We have been attempting for quite some time to schedule your clients' depositions. If we cannot make progress within the next two weeks, it will be necessary to file an appropriate Motion with the Cumberland County Court. Very truly yours, JJS:sjb Jefferson J. Shipman QERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following on March 1, 2004: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. J~f~%bn J. Ship~an, Esquire Harrisburg, PA 17108 Telephone: (717) 234-4161 Attorney for Defendant 78290.1 PAUL AND MARY KLINE, Plaintiffs Mo HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-784 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of March, 2004, upon consideration of Defendant's Motion to Compel Answers to Discovery, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, g/Mark S. Fenice, Esq. 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs 4'efferson J. Shipman, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant o3-t .oq :rc Jefferson J. Shipman, Esq. I.D. #51785 JOHNSON, DUFFIE, STEWART & WEIDNER 109 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant PAUL and MARY KLINE, Plaintiffs HARRY PATCHIN, IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 02-784 CIVIL TERM : : CIVIL ACTION - LAW : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE change the address and telephone number for Jefferson J. Shipman, Esquire, attorney for the Defendant, to: Johnson, Duffie, Stewart 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 & Weidner Telephone: (717) 761-4540 JOHNSON, DUFFIE, STEWART & WEIDNER Date: iJ.e~.~5~l~81[. Sh~i-pman, Esquire 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4550 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on April 6, 2004: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4550 Attorneys for Defendant Jdhnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant, Patchin Attorneys for Defendant, Mil-Fab, Inc. PAUL AND MARK KLINE, V. HARRY PATCHIN, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS OF CUMBFRLAND COUNTY, PENNSYLVANIA NO. 0;).-784 CIVIL TERM JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOL[JTE AND TO COMPEL PLAINTIFFS' ANSWERS TO DISCOVERY AND ATTENDANCE AT DEPOSITIONS AND NOW, comes the Defendant, Harry Patchin, by and through his counsel, and files the following Motion to Compel Plaintiffs' answers to discovery and Plaintiffs' attendance at depositions: 1. This case arises out of an alleged fall down accident at the office of Harry Patchin, D.MD., in Camp Hill, Pennsylvania, on February 14, 2000. 2. The litigation in the case has been pending in excess of two-plus years. 3. Discovery, which was sent on or about June 18, 2002, has gone unanswered in spite of numerous requests from defense counsel. 4. The depositions of the Plaintiffs have not been able to be scheduled in spite of numerous requests from defense counsel. 5. On or about March 3, 2004 the Defendant, through his counsel, filed a Motion to Compel Answers to Discovery. 6. On March 15, 2004 This Honorable Court, Judge Wesley Oler, Jr., issued a Rule to Show Cause why the relief requested in the Defendant's Motion to Compel should not be granted. The Rule was returnable twenty (20) days from service. See attached Order of Court, marked Exhibit "A". 7. The above Order of Court was served upon Plaintiffs' counsel, Mark S. Fenice, Esquire, at 501 Rosewood Lane, Harrisburg, Pennsylvania, 17111, by certified ~'nail, return receipt requested. See cover letter and domestic return receipt signed by Connie S. Fenice, with a date of delivery of March 25, 2004. 8. That the Plaintiffs, through their counsel, have failed 1:o respond to the Order of Court and Rule to Show Cause. WHEREFORE, Defendant respectfully requests an appropriate Order of Court compelling the Plaintiff's to answer discovery and attend depositions at the convenience of Defendant and his counsel. :228194 JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17(:)43-0109 Attorneys for Defendant PAUL AND MARY KLINB, Plaintiffs HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 02-784 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of March, 2004, upon consideration of Defendant's Motion to Compel Answers to Discovery, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, fjv'esley ~r., ~" ~ J. Mark S. Fenice, Esq. 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs J. Shipman, Esq. et Street 1268 Harrisburg, PA 17108-1268 Attorney for Defendant :re TR'UE COPY FROM RECORD Testimony where~of, t here unto set my a~ the ~eal of ~i~ Cou~ ~rlisle, P~ 320 M~KET S'~ .gET · STRAWBERRY SQUAffE P,O. BOX 1268 ' HARRISBURG, PENNSYLVANIA 17108-1Z68 717.234.4161 ' 717.234.6808 (FAX) GOLDBBRG, KATZMAN ATTORNEYS AT LAW ~,~ SHIPMAN, P.C. March 24, 200J OF COUNSEL LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN Via CertifiedMail No.: 7002 2410 0001 2359 7399 ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDSERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSlTO NEIL HENDERENOT J. JAY COOPSE THOMAS E, BRENNER JOHN A, STATLER APRIL n. STRANG-KUTAY GuY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROCENZ~ THOMAS J. WRSER STEVBN E. GRUBS JOHN DELoRENZO JOHN R. NINOSKY ROYCB L. MORRIS DAVID M. STECEEL HRATHER L. PATERNO BENJAMIN D. ANDREOZZI Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 In re: Paul and Mary kline v. Harry and Cheryl Patchin No. 02-784 Cumberland County Common Pleas Dear Mark: Enclosed please find a copy of the Order oflJudge Oler issuing a Rule to Show Cause Why our Motion!to Compel Answers to Discovery should not be granted. Very truly yol~rs, JJS:mem Enclosure Jefferson J. Shipman 7002 2410 0001 2359 7399 CERTIFICATE OF SERVICI: I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 14, 2004: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs :228204 JOHNSON, DUFFLE, STEWART & VVEIDNER ~eDf~..so5~ 7J ~5S h ipm a n, Esqui~ P.O. Box 109 Lemoyne, PA 1704:3 Attorneys for Defendant 227154-1 PAUL AND MARK KLINE, V. HARRY PATCHIN, Plaintiffs Defendant : IN THE COURT OF COMMON PLI~ 01~ 2004. CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-784 CIVIL TERM JURY TRIAL DEMANDED PROPOSED ORDER AND NOW, this _~ day of May, 2004, upon consideration of Defendant's Motion to Compel Plaintiffs' answers to discovery and attendance at depositions, it is hereby Ordered that the Plaintiffs shall answer the discovery within twenty (20) days of service of this Orde,r. It is further Ordered that the Plaintiffs shall attend depositions at the office of defense counsel, Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania, on Tuesday, June 22, 2004, beginning at 10:00 A.M. Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant BY THE COURT: Johnson, Duffle, Stewart & Weidner .By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant PAUL and MARY KLINE, Plaintiffs HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-784 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate: (3) No objection to the subpoenas has been received; the twenty day waiting period for objections was waived; (4) The subpoenas to be served are identical to the :subpoenas attached to the Notice Of Intent Date: JOHNS~I~UFFIE", STEWART & WeEIDNER By: ~'~ · ~Wr~on J.; P , squire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SER~qCE I HEREBy CERTIFy that J served a true and Correct copy of the foregoing document upon all COUnsel of record by depositing the same in the United States Pennsylvania, on the / ~ ~'~' --~ Mai~l, first class postage prepaid, at Lemoyne, --------.-~_ day ofJ ~.___~.j~, 2004 addressed as follows: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 J?E'fers~h~rn~ : ..... Attorney I.D. N;~'~'~7'~squire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) ;761.4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant PAUL and MARY KLINE Plaintiffs HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0;2-784 CIVIL ACTION _ LAW JURY 'TRIAL DEMANDED TO: NOTICE OF INTENT TO SERVE SUBPOENA TO ...... ~nr ~'UR~;UANT ~ 4009.2~1 Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to servE; one subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. Date: By:. J. Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone ('717) 761-4540 Attorneys for Defendants C__EERT ICA .E OF SE. VJC E t HEREBY CERTIFy that I served a true and correct copy of the foregoing document upon counsel of records by depos, Jting the same in the ' Pennsylvania, on the ..3L/"P/1 -- . ~ .-- Un,ted States M;~il, certified postage prepaid, at Lemoyne, ~_uay oT IVl~ ~----~_, 2004, addressed as follows: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Attorney for PJaJnfiffs JOHNi~.U F;IE' STEWART & WEIDNER Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 170,43-0109 Telephone (717) 761-4540 Attorneys for Defen,dants 227667 Paul and Mary Kline, Plaintiffs v. Harry and Cheryl Patchin, : Defendants : TO: ~ - ~-~cy (20) days af~ . c~ Entftyi~____ ~ the f9~]'~'-- ~ts~ th,n~s: u_.__~, y~e~by ~e ~t t° Y~ ~Y ~l~v~ ~ '1 le ~js ~Ub~a, ~A~__~,' gfble---~ ~ cost of p~f~ ~e ~ies o~ P~Cfn9 the things s~t' ~ ~n a~ce t~ .--,,n9 th~s ---= nne r~t ~ .._,,_ .~ ~ne P~ty ~{ t ~y If y~ fa~J ~ Pr~u~ ~e ,,e eeas~]e (20~ ~Ys aft~ ifs S~Vice, ~ts ~ ~ings ~ by ~s s~a w~th~n tw~ty ~IS ~ W~ I~ AT ~ RE~sT ~ ~ F~L~I~ P~: ~LEP~;E '~ ~EY F~: ~~ (Elf. 7/97) Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com wdm@jdsw.com Attorneys for Defendants PAUL AND MARY KLINE, Plaintiffs V. HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 02-784 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR JUDGMENT OF NON PROS AND NOW, this I~'~-~ay of December, 2004, comes the Defendant, Harry Patchin, through his undersigned attorneys and moves for judgment of non pros upon the following: 1. Plaintiffs instituted this action upon the issuance of a Writ of Summons dated February 13, 2002 against the Moving Defendant. 2. Plaintiffs filed their Complaint on or about June 10, 2002 following the Defendant's Praecipe for a Rule to File Complaint dated April 19, 2002. 3. The suit arises out of an alleged slip and fall accident wherein the Plaintiff, Paul Kline, exited the building of the Moving Defendant's professional practice and allegedly slipped on ice while walking across the parking lot to reach his automobile. 4. On June 18, 2002, the Moving Defendant served Plaintiffs, through their counsel, Mark S. Fenice, Esquire, professional office located at 2917 N. Front Street, Harrisburg, Pennsylvania 17110, with interrogatories and requests for production of documents. 5. The Plaintiffs failed to answer either the interrogatories or requests for production of documents within the thirty (30) days allocated by Pa.R.C.P. Nos. 4006 and 4009.12. 6. The interrogatories and requests for production of documents served upon the Plaintiffs continue to remain unanswered. 7. Numerous attempts were made by undersigned counsel for the Moving Defendant to schedule the Plaintiffs' depositions via telephone conferences, e-mail, and letters which were all met without a response from Plaintiffs or Plaintiffs' counsel. A December 10, 2003 correspondence evidencing the attempts to schedule the Plaintiffs' depositions is attached, incorporated by reference herein, and marked as Exhibit "A". 8. On March 1, 2004, the Moving Defendant was forced to file a Motion to Compel Answers to Discovery due to the Plaintiffs' failure to serve answers without leave of Court. A copy of the Moving Defendant's Motion to Compel Answers to Discovery is attached, incorporated herein by reference, and marked as Exhibit "B". 9. On March 15, 2004, the Honorable J. Wesley Oler, Jr. issued a Rule upon the Plaintiffs to show cause why the relief requested in the Moving Defendant's Motion to Compel Answers to Discovery should not be granted. A copy of the March 15, 2004 Order is attached, incorporated herein by reference, and marked as Exhibit "C". 10. On April 30, 2004, due to the Plaintiffs' failure to show cause why the relief requested in the Moving Defendant's Motion to Compel Discovery should not be granted, the Moving Defendant filed a Motion to make the rule absolute and to compel the Plaintiffs' answers to discovery and attend depositions. A copy of the Moving Defendant's Motion to Make Rule Absolute is attached, incorporated herein by reference, and marked as Exhibit "D". 11. On May 6, 2004, the Honorable J. Wesley Oler, Jr., entered an Order compelling the Plaintiffs to answer the discovery of the Moving Defendant within twenty (20) days of service of the Order and compelling the Plaintiffs' attendance at depositions on Tuesday, June 22, 2004 at 10:00 a.m. A copy of the May 6, 2004 Order is attached, incorporated herein by reference, and marked as Exhibit "E". 12. The day before the Court-ordered depositions were to be held, Plaintiffs' counsel faxed a letter to undersigned counsel for the Moving Defendant requesting the rescheduling of the depositions due to military obligations which forced him to fall behind in his practice. Attorney Fenice's June 21, 2004 letter is attached, incorporated herein by reference, and marked as Exhibit "F". 13. In Attorney Fenice's letter he states, "1 can assure you that I will fully cooperate in the rescheduling of the depositions," and that "1 know that I have dug myself quite a hole and that any further action on your part will have additional adverse consequences for me. I only ask for this opportunity to set things right." See, Exhibit "F". 14. On that same date, June 21, 2004, the Plaintiffs' depositions were again rescheduled on August 19, 2004 at 10:00 a.m., in the law offices of undersigned counsel for the Moving Defendants. The June 21, 2004 Notice of Deposition and corresponding letter evidencing service are attached, incorporated herein by reference, and marked collectively as Exhibit "G". 15. The Plaintiffs failed to appear for their rescheduled, Court-ordered depositions on August 19, 2004, and undersigned counsel for the Moving Defendant granted the Plaintiffs an additional two-week extension to again reschedule the depositions. Undersigned counsel's letter dated August 24, 2004 is attached, incorporated herein by reference, and marked as Exhibit "H". 16. Plaintiffs were again noticed for deposition on November 30, 2004 at 1:00 p.m. in the office of undersigned counsel for Moving Defendant, and again failed to appear. The Notice of Deposition and corresponding correspondence evidencing service of the Notice of Deposition are attached, incorporated herein by reference, and marked collectively as Exhibit "1". 17. As is blatantly obvious, attempts at further discovery in this case will be wholly unsuccessful as there has been no cooperation from the Plaintiffs or their counsel. 18. At no time has the Plaintiffs or Plaintiffs' counsel scheduled or attempted to schedule any further depositions or discovery-related matters. 19. The last docket activity believed to be attributable to the Plaintiffs has been the filing of the Complaint on June 10, 2002. 20. The Moving Defendant has been prejudiced by the Plaintiffs' failure to prosecute this matter and he has been unable to obtain sufficient information to determine the Plaintiffs' alleged injuries in relation to this incident or the facts surrounding the incident. 21. The Plaintiffs' lack of due diligence in failing to proceed with reasonable promptness is unreasonable and no compelling reasons exist for this delay. WHEREFORE, the Defendant respectfully requests that a judgment of non pros be entered in his favor and against the Plaintiffs dismissing this action against the Moving Defendant. JOHNSpN, DUFFLE, STEWART & WEIDNER t I.D. NO. 51~85/ Wade D. Manley "---J Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants csj:241050 22740-1211 EXHIBIT "A" 320 ~ARKI','T STREET ** STRAWBERP, Y SOUARE P.O. BOX 1268" H^RRISBU~(;, PENNSYI,V^NIk 17108-I268 717.Z34.4161 o 7t7,234.6808 (F^x) GOLDBERG, KATZMAN ~>~ SHIPMAN, ATTORNEYS AT n^w December 10, 2003 OF COUNSEL LEE SHIPMAN COUNSEL Jos~u^ D. boc~ ARNOLD B. KOGAN ARTHUR L, GOLDBERG (1951-2000) HARRY B, GOLDBERO (1961-1998) RONALD bl. KATZMAN PAUL J. ESPOSlTO NEIL HENDERSHOT J. JAy COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. 8TRANG-KUTAY GuY H. BROOKS JEFFERSON J. SHIPMAN JE~RY J. RUSSO MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB JoHN DELOaENZO JOHN R. NINOSKY ROYCE L. MORRIS DAVID M. STECKEL HEATHER L,. PATERNO BENJAMIN D. ANDREOZZI Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 In re: Paul and Mary Kline v. Harry and Cheryl Patchin No. 02-784 Cumberland County Common Pleas Dear Mr. Fenice: I am writing to request your agreement to schedule your clients' depositions here at our office. I have called several times, sent an email on December 3rd and Mr. Shipman sent a letter on September 26th requesting same. Please contact me with available dates in order that these depositions can be accomplished. Thank you for your cooperation. Very truly yours, Linda C. Greenleaf Paralegal to Jefferson J. Shipman EXHIBIT "B" Jefferson J. Shipn~n, Esquire I.D. #51785 GOLDBERG, K~TZ~N & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants PAUL ANDMARY KLINE, Plaintiffs Ve HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02-784 CIVIL TERM JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes the Defendant, Harry Patchin, by and through his counsel, and files the following Motion to Compel: 1. This case arises out of a fall down accident at the office of Harry V. Patchin, D.M.D., on February 14, 2000. 2. The litigation in this case has been pending in excess of two years. 3. Discovery was sent to the Plaintiffs on or about June 18, 2002. See attached Exhibit "A". 4. To date, the discovery has been unanswered in spite of numerous attempts by defense counsel to obtain discovery answers. Defense counsel has also made repeated requests of Plaintiffs' counsel to schedule his clients' depositions. See Exhibit "B". 5. A Discovery Conference is requested for the purpose of setting discovery deadlines and assuring that the case proceeds without delay. WHEREFORE, the Defendant respectfully request that this Honorable Court schedule a Discovery Conference at its earliest convenience in order to set discovery deadlines and move the instant matter to a conclusion. Respectfully submitted, G~RG, KATZMAN & SHIPMAN, P.C. Harrisburg, PA 17108-1268 Attorneys for Defendants EXHIBIT "C" PAUL AND MARY KLINE, Plaintiffs Vo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HARRY PATCHIN, Defendant NO. 02-784 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of March, 2004, upon consideration of Defendant's Motion to Compel Answers to Discovery, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETLrRNABLE within 20 days of service. BY THE COURT, ~(~fi~Vesley O}e~r., J. Mark S. Fenice, Esq. 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs~ arn J. Shipman, Esq. ket Street JP.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant lil T~timon'f wherepf, I here unto ~t mY ~he ~ai of sai~ Cou~ ~rlisle, EXHIBIT "D" Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PAUL AND MARK KLINE, V. HARRY PATCHIN, Plaintiffs Defendant Attorneys for Defendant, Patchin Attorneys for Defendant, Mil-Fab, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-784 CIVIL TERM JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE AND ~=' TO COMPEL PLAINTIFFS' ANSWERS TO DISCOVERY AND ATTENDANCE AT DEPOSITIONS AND NOW, comes the Defendant, Harry Patchin, by and through his counsel, ar~,~les tl~ foll~g Motion to Compel Plaintiffs' answers to discove~ and Plaintiffs' affendan~ at depositio~':~; 1. This case arises out of an alleged fall down accident at the office of Ha~ P~chi~.M~., in Camp Hill, Pennsylvania, on Februa~ 14, 2000. 2. The litigation in .the case has been pending in excess of ~o-plus yearn. 3. Discover, which was sent on or about June 18, 2002, has gone unanswered in spite of numerous requests from defense counsel. 4. The depositions of the Plaintiffs have not been able to be scheduled in spite of numerous requests from defense counsel. 5. On or about March 3, 2004 the Defendant, through his counsel, filed a Motion to Compel Answers to Discover. 6. On March 15, 2004 This Honorable Coud, Judge Wesley Oler, Jr., issued a Rule to Show Cause why the relief requested in the Defendant's Motion to Compel should not be granted. The Rule was returnable ~enty (20) days from se~ice. See affached Order of CouK, marked Exhibit "A". 7. The above Order of Court was served upon Plaintiffs' counsel, Mark S. Fenice, Esquire, at 501 Rosewood Lane, Harrisburg, Pennsylvania, 17111, by certified mail, return receipt requested. See cover letter and domestic return receipt signed by Connie S. Fenice, with a date of delivery of March 25, 2004. 8. That the Plaintiffs, through their counsel, have failed to respond to the Order of Court and Rule to Show Cause. WHEREFORE, Defendant respectfully requests an appropriate Order of Court compelling the Plaintiff's to answer discovery and attend depositions at the convenience of Defendant and his counsel. :228194 JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant F.~HIBIT PAUL AND MARK KLINE, V. HARRY PATCHIN, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-784 CIVIL TERM JURY TRIAL DEMANDED PROPOSED ORDER AND NOW, this ~, o~ ~ day of May, 2004, upon consideration of Defendant's Motion to Compel Plaintiffs' answers to discovery and attendance at depositions, it is hereby Ordered that the Plaintiffs shall answer the discovery within twenty (20) days of service of this Order. It is further Ordered that the Plaintiffs shall attend depositions at the office of defense counsel, Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania, on Tuesday, June 22, 2004, beginning at 10:00 A.M. BY THE COURT: Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Attorney for Plaintiffs Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant EXHIBIT "F" MARK S. FENICE AITORNEY AT LAW l~ot NORTH FRONT STREET HARRISBI ~RG, PENNSYLVANIA 171oa-3325 TELEPHONE (?17) 909-9797 FAX (717) 234-365o June 21,2004 VIA FAX TO 761-3015AND U.S. MAIL Jefferson J. Shipman, Esquire Johnson Duffle Stewart & Weidner 301 Market Street ~_~m~,yn,~, PA 17043 Re: Kline v. Patchin Dear Mr. Shipman: I am positive that this letter may come as shock to you considering the events of the past. I really have no excuses for. the lack of cooperation and lack of communication with you with respect to this case and the Brown case as well. I can only offer you the representation that my prior military deployment and continued military demands have made my return to full,time practice much more difficult than t had thought possible. I am slowly working my way through those issues. I do, however, owe you an apology in person and would hope that give me that opportunity in the very near future. Given my present situation, I must respectfully request that the Kline depositions scheduled for tomorrow be rescheduled. I understand that you may be reluctant to do so, but I can assure you that I will fully cooperate in the rescheduling of the depositions. My only time conflict in the next several months is July 28 through Aug,:st 10 when ! wi!l be on military duty. I know that I have dug myself quite a hole and that any further action on your part will have additional adverse consequences for me. I only ask for this opportunity to set things right. EXHIBIT "G" JERttY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JEFFERSON J. SHIPMAN RALPH H. WRIGHt, JR. MAPdV C. DUFFLE dOHN R. NINOSKY MICHAEL d. CASSID Y MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY LAW OFFICES JOI-INSC", DUFFIE, STEWART & WEI'-NER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEB$ITE: www.jdsw.com TELEPHONE 717-761-4540 FACSIMILE 717-761-3015 E-MAIL: mail~jdsw, com HORACE A. dOHNSON F. LEE SHIPMAN OF COUNSEL WRITER'S EXT. NO. E-MAIL @jdsw.com June 21,2004 Mark S. Fenice, Esquire 1101 North Front Street Harrisburg, PA 1710203325 Re~ Kline v. Patchin No. 02-784 Cumberland County Common Pleas Dear Mr. Fenice: Enclosed please find a Notice Of Deposition scheduling the Plaintiffs' depositions for August 19, 2004 at 10:00 A.M. in our Lemoyne office. I will make arrangements for the court reporter. Very truly yours, JOHNSON, DUFFLE, STEWART & WEIDNER Linda C. Greenleaf, Paralegal to Jefferson J. Shipman Enclosure bcc: Debra A. Kos, LPCS, AIC Erie Insurance Group Claim No. 010 170 476 532 D/L: 2/14/00 229372 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant PAUL and MARY KLINE, Plaintiffs V. HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-784 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Mark S. Fenice, Esquire 1101 North Front Street Harrisburg, PA 17112-3325 PLEASE TAKE NOTICE, the pursuant to the Rules of Civil Procedure, counsel for the Defendant, will take the deposition of the following individuals, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all maters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individuals are required to appear at the time and at the address listed below and submit to examination under oath. Said depositions will be taken at the following place or location and time: Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-0109 Date: August 19, 2004 Time: 10:00 A.M. Deponents: Paul Kline Mary Kline You are invited to attend and examine the witnesses as you deem fit. Date JOHNSON~DUFFIE, STEWART & WEIDNER Jeff J. Shipman, Esquire Attorney I.D. # 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Lemoyne, Pennsylvania, on the ~) 5"/" day of LJ'"~ ~, ,2004 addressed as follows: Mark S. Fenice, Esquire 1101 North Front Street Harrisburg, PA 17102-3325 JOHN~ DUFFLE, STEWART &~'VEJ_DNER : Je(l/ferson J. Shipmate, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant EXHIBIT "H" JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JEFFERSON J. SH~PMAN BALPH H. WRIGHT, IR. MAI~ C. DU~IE JOHN R. NINOSI~ MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY LAW OFFICES OHNSON. DUFFIE OF COUNSEL HOP, ACE A. JOHNSON E LEE SHIPMAN BRUCE J. GROSSMAN'" *admitted in NY only W[IITER'S EXT. N( ,. 1 E-MM1, .l,IS~i:jdsw,com August 24, 2004 Mark S. Fenice, Esquire 501 Rosewood Lane Harrisburg, PA 17111 Re: Kline v. Patchin No. 02-784 Cumberland County Common Pleas Dear Mark: Your clients failed to appear for their depositions today, August 19, 2004. These depositions had previously been ordered to take place by Judge Wesley Oler on June 22, 2004. We granted you a reasonable extension of time to take the depositions until August 19, 2004. Please make your clients available for depositions within two weeks of your receipt of this correspondence. Otherwise, I will need to file a Motion for Sanctions with the Court. Alternatively, your clients may want to seriously consider a voluntary dismissal of the case, as their failure to cooperate is a very clear indication of the lack of interest in proceeding with this lawsuit. I look forward to your response within the next two weeks. Very truly yours, JJS:mem bcc: Debra A. Kos, LPCS, AIC Erie Insurance Group Claim No. 010 170 476 532 D/L: 2/14/00 :234390.1 Jefferson J. Shipman 301 MARKET STREET RO. BOX 10g LEMOYNE, PENNSYLVANIA 17043-0109 'WWW. JDSW. COM 717.761.4540 FAX: 717.761.5015 MAIL@JDSW. COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C, EXHIBIT "1" [EP, kY P,. DU~FiE t~l('il;:dtD W. STF,'&'AKI' £. ROY WBIDNER. LDMUNI) G. MYERS DAVID W DELUCE ltALPIt Il. WIdGHT. M,~m< C. DUFFLE B)ItN R NINOSK~ MICHAEL 1. CASfilDY MELISSA PEEL GREEVY W.,xl)E D, MaNI,EY LAW OFFICES -OHNSON ' )UFFIE OF COUNSEL HOBACE A. }OtlNSON E LEE SHIPMAN BRUCE J. GROSSMAN" · admitted itl NY only October 25, 2004 Mark S. Fenice, Esquire 1101 North Front Street Harrisburg, PA 17102-3325 Re: Kline v. Patchin No. 02-784 Cumberland County Common Pleas Dear Mr. Fenice: Enclosed please find a Notice Of Deposition scheduling the Plaintiffs' depositions for November 30, 2004 at 1:00 P.M. in our Lemoyne office. I will make arrangements for the court reporter. Very truly yours, JOHNSON, DUFFLE, STEWART & WEIDNER / Enclosure bcc: Debra A. Kos, LPCS, AIC Erie Insurance Group Claim No. 010 170 476 532 D/L: 2/14/00 Linda C. Greenleaf, Paralegal to Jefferson J. Shipman MARKET STREET P.O, BOX 109 LEMOYNE, PENNSYLVANIA 1704541109 WWWjDSW. COM 717.761.4540 FAX: 717.761.3015 MAIL@IDSW.CCM JOHNSON, DUFFLE, STEWART & WEIDNER, P.C. Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Defendant PAUL and MARY KLINE, Plaintiffs V. HARRY PATCHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-784 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Mark S. Fenice, Esquire 1101 North Front Street Harrisburg, PA 17112-3325 PLEASE TAKE NOTICE, the pursuant to the Rules of Civil Procedure, counsel for the Defendant, will take the deposition of the following individuals, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all maters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individuals are required to appear at the time and at the address listed below and submit to examination under oath. Said depositions will be taken at the following place or location and time: Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA t7043-0109 Date: November 30, 2004 Time: 1:00 P.M. Deponents: Paul Kline Mary Kline You are invited to attend and examine the witnesses as you deem fit. JOHNSON, DUFFLE, STEWART & WEIDNER BY Jeffe~on J. Shipman, Esquire Attor~ey I.D. # 51785 · 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant Date: /(~ig ~-'~' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified, postage prepaid, at Lemoyne, Pennsylvania, on the ~)5 ~ day of ~ ¢-J,~)~ q/"~' , 2004 addressed as follows: Mark S. Fenice, Esquire 1101 North Front Street Harrisburg, PA 17102-3325 JOHNSON~J~ JFFIE, STEWART & WEIDNER By: Jeffe~.on J. Shipman, Esquire ^ttorfie¥ 1.13. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTZFZCA TE OF SERV_TCE AND NOW, this /'L-)~fday of December, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Mark S. Fenice, Esq. 2917 N. Front Street Harrisburg, PA 17110 JOHNSON, DUFFLE, STEWART & WEIDNER PAUL KLINE and MARY W. KLINE Plaintiffs HARRY and CHERYL PATCHIN Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 02-784 S, 2,1)02 :CIVIL ACTION -- LAW :JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned case settled, discontinued and ended with prejudice. Date: January //4) ,2005 MarkS. Fenic?, Es~ 1101 North Front Street Harrisburg, PA909-9797 ID#21358 Attorney for Plaintiffs PAUL AND MARY KLINE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HARRY PATCHIN, Defendant NO. 02-784 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR JUDGMENT OF NON PROS ORDER OF COURT AND NOW, this 14th day of January, 2005, upon consideration of the attached letter from Jefferson J. Shipman, Esq., attorney for Defi~ndant, the argument previously scheduled in this matter for February 23, 2005, is cancelkd. BY THE COURT, Mark S. Fenice, Esq. 2917 N. Front Street Harrisburg, P A 17110 Attorney for Plaintiffs t/I/ /;' , , L.-, J Wesley O~ r., /,(- Jefferson J. Shipman, Esq. Wade D. Manley, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-4540 Attorneys for Defendant .~4 , . .. J I_/~'{)~ /)'V~ L~. I :rc ::':' : II, . .~' ,." '11, ~ tV r ~. i\~",' [\:'J :iJt;(, l 1;1)\ \\Ii])\!-F I;; ! 1l\1\\!) ('. i!1IX,; 1)\\:11\\ ilil.liJ i,)! i\\ "I \Ill i; II i 11.1;"',)\ ], "liIP\L\\ I: \i I'll II \\1;1(;1 I III \1 \i;l, ( !Ii! III !(!!!\ II \ \(i"!\'. \IICil\11 j \'\,';SIL'1 \llil'\:',\ l)iJ:: (;;\1 Fl.') 1:'!i:U,;\1 \\'\lldl; \\'.ill l' \] \\1 !\ L II II'. () I' I' 1 C r s ]OHNSc5f\J DUFFIE OF COUNSEL ] IOR\t']o A. 1()IIN~()0.j I' LIT SIIIPiJ,\i\; I)IWt']! C;I\(lSS\L\\ :lclilllth'd ill \Y nllil 11;.i1 i; IJ:!!i! i::i r i \ Iii I \\ 'i I F"\ " i~i WRITER'S EXT. NO. 148 E-MAIL jjS@jdsw.com January 13, 2005 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Kline v. Patchin No.: 02-784 Dear Judge Oler: The Plaintiffs have filed a Praecipe to Discontinue the above case, with prejudice. Consequently, it will not be necessary to take further action with regard to your Order of December 22, 2004. I am enclosing a copy of your Order and the timEl-stamped copy of the Praecipe to Discontinue. Thank you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER / J JJS:mem Enclosures cc: Mark s. Fenice, Esquire 228207 JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. ~~!, , /r< ~ 3111 \IARKET SmElT PO. BOX IllY 1.1'1'10\\1'. PE'-"SYI.\'I\LI 171143.lIll1lJ \\'\\'WjDSIITOM 717.70141411 FAX 717.70\31115 ~IAIL@IDSIHO\I