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Home My WebLink About05-5355 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No" 5"3$) - 2005 Civil Action - (XX) Law ( ) Equity JoAnn Rinehart and Harry Rinehart, her husband 3 Timber Lane Mount Hoily Springs, PA 17065, Plaintiffs KimCo Realty Corporation clo C T Corporation Systems 1515 Market Street Philadelphia, PA 19102, Defendant v. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action" L Writ of Summons Shail be issued and forwarded to ( ttorney (XX )Sheriff Stephen G" Held. Esauire 1300 Linalestown Road Harrisbura. PA 17110 (717) 238-2000 NamelAddresslTelephone No" of Attorney Sign ur of ttorney Supreme Court ID No. 72663 Date: October 12. 2005 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: Date: fU;tJ't( ,,,^ ;)()o) Deputy ( ) Check here if reverse is used for additional information PROTHON" - 55 ~ "\k. --..... l>'- ~ -...J '" o<J t - ~ ~ <: ......... "4- ~ 'a -v ~ ::c::. (' i:i:. q c ;;:'" --:y. r:" r-' <:--:.':'? ..::~ 0:;:,..., CJ: C). -'j ( ::;''; .-< @) CJo ...-.. -.."-. -" <5 - 0"'. ,.. .- ""~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05355 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RINEHART JOANN ET AL VS KIMCO REALTY CORPORATION R" Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KIMCO REALTY CORPORATION but was unable to locate Them in his bailiwick, He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 21st, 2005 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Phila Co Postage 18.00 9.00 10.00 116.00 .37 153.37 11/21/2005 HANDLER HENNING S~"_ ~ ~:?' ,~""-"""---"? / -,.-.". .-'- ............-: -"? .--- - ~ .' ~ ?--~ - / ~ R. Thomas Kline Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me "10 Is.~ \ n 0 day of ~ this d'O"{!;"~ ~ Pr notaf In The Court of Common Pleas of Cumberland County, Pennsylvania JoAnn Rindhart et al VS. KimCo Realty COrporation No. 05-5355 civil Now, October 20, 2005 , I, SHERIFF OF CUJ\ilJ3ERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 9. /...0 .r:~,~~ ?...ee;..;> Sheriff of Cumberland Count)', P A Now, ~tI 1 Affidavit of Service , 20 (/.5, at/p f52.., 0' clock L M. served the within Ii;1/) d J1z21 ~fd Jjlj' 4'f~ f- /;7/4~ ~ ar I.b~~/~ by handing to &R d.JJ@,f pi ff Ib~ ~pvf~ ar upon at copy of the original a and made known to the contents thereof So answers, County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERV1CE MILEAGE AFFIDAV1T $ $ tJ~~g1 SER:VICES TOTAL J $16.00 SALES TOTAL r1i;i;;6eadQSeniO~::J APpe~;nces Exe~)tion I--~:!t~sl BY TYPE COURT TERM Prothonotary STAT rn-lrn0 iCOMMONF'LEASI.Y5"J5----2<:xb~ alPA Real Debt f"- $0"00 PLAINTIFF :~:~NEY ~~I.')"o(\("'\ P-J[\ -eJ.-.CU<\- ~~\\~ ()-, , t-\-e\ d- \ \?o Q (111)Y:W"d-OOD $0.00 COUNTY # De # Ser # Docs R~",~\u..JI1~I 1 CASE DEFENDANT I lL.\ fY\ (,c P..,e.,cU~ ~ e-.( Ci c.\~ NOTES r; <V1-rlC t~ SERVICES TO SERVE: "5 1J.1"0 '('(\ of\- ~ ADDRESS: \ ~\ IY\ Co ~\ -h-t C~:rr-p G/o ex ~ \5)S\fl\Q~t /" I~ /ef:~ J~1J- . ;I IF) J 1 1 Q ~ E: ::7 ~ 0 (;") Q < ... 8 ,8. "" I .., e_ ::>;;:: ~ ~~ 1:...1 -n r.3' "":;:;. I 0 ,", ~" _~-,.",l . !:,'! ~1-- c: "" z ti)Q ii) is f:,r ::f ee ~ "2. @ c. o Fir b :0 B f,} g: ~ ::> :::I m -::r' V\ -. _'t:l I-^ sP ffl C:J ffl ~ m. < a. 3' ee .- ~-- \ -~~ , c=:>. CJ"' ~ ~ !t~ ~ s c=:> "1~'-....~ o (I) ;::: " . or Stephen G. Held, Esquire 1.0.#72663 HANDLER, HENNING & ROSENBERG, LLP 1200 Linglestown Road Harrisburg, PA 17110 Telephone: (717)23802000 Fax: (717) 233-3029 E-mail: HELD@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs v. NO. 05-5203 Stonehedge Center, LLC, and Wesley A. Tate tld/b/a Lloyd's Septic Service, Defendants CIVIL ACTION - LAW JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5355 Kimco Realty Corporation, Defendant CIVIL ACTION - LAW PLAINTIFFS' MOTION FOR CONSOLIDATION Pursuant to Pennsylvania Rule of Civil Procedure No. 213 (a), Plaintiffs, JoAnn Rinehart and Harry Rinehart, her husband, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, move this Honorable Court to enter an Order permitting consolidation of the above-captioned pending actions for purposes of trial and in support aver as follows: 1. Plaintiffs, JoAnn and Harry Rinehart, commenced an action, pursuant to a Writ of Summons dated October 4, 2005, against Defendants, Stonehedge Center, LLC r and Wesley A. Tate t/d/b/a Lloyd's Septic Service, to recover for injuries resulting from a premise liability incident on or about December 29, 2003. 2. Plaintiffs next commenced an action against Defendant Kimco Realty Corporation, pursuant to a Writ of Summons dated October 13, 2005. 3. There is presently pending in the Court of Common Pleas of Cumberland County, an action by Plaintiffs against Defendants, Stonehedge Center, LLC and Wesley A. Tate t/d/b/al Lloyd's Septic Service (No. 05-5203), and a separate action by Plaintiffs against Defendant Kimco Realty Corporation (No. 05-5355). 4. Both causes of action arise from the same incident, namely a premises liability incident that occurred on December 29, 2003 at Stonehedge Square Shopping Center located at 950 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. Defendant, Stonehedge Center, LLC owns the property where the injury occurred, and Defendant Wesley A. Tate t/d/b/a Lloyd's Septic Service was the company responsible for snow and ice removal at said property at the time of the incident. Subsequent to filing the Writ of Summons against Defendants, Stonehedge Center, LLC and Wesley A. Tate t/d/b/a Lloyd's Septic Service, Plaintiffs gained information and the belief that Defendant, Kimco Realty Corporation was the property management entity responsible for management of Stonehedge Square Shopping Center, and thus the entity responsible for contracting with Wesley A. Tate t/d/b/a Lloyd's Septic Service for ice and snow removal at Stonehedge Square Shopping Center. 5. Absent consolidation, the possibility exists for inconsistent verdicts. 6. The consolidation of these two actions will not prejudice the substantial rights of any of the parties. It will be in the best interest of the parties and the Court to , consolidate and resolve both causes of action at one trial, since the two causes of action are premised on the same incident, seek the same damages and relief and are premised on the same theory of liability 7. Copies of this motion have been served on all counsel and parties in both cases. WHEREFORE, Plaintiffs, JoAnn Rinehart and Harry Rinehart, her husband, request that this Honorable Court order consolidation of these cases for trial. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date:!JLM()(P By: vP Stephen G. Held, Esquire Attorney 1.0. # 72663 1300 Linglestown Road. Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs ," JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5203 Stonehedge Center, LLC, and Wesley A. Tate tld/b/a Lloyd's Septic Service, Defendants CIVIL ACTION - LAW JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5355 Kimco Realty Corporation, Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE And now, on ,2006 a rule is granted upon Stonehedge Center, LLC, Wesley A. Tate tld/b/a Lloyd's Septic Service and Kimco Realty Corporation to show cause why the action of JoAnn Rinehart and Harry Rinehart, against Stonehedge Center, LLC and Wesley A. Tate tld/b/a Lloyd's Septic Service (No. 05-5203), and their action against Kimco Realty Corporation (No. 05-5355), should not be consolidated. Rule returnable ,2006. All proceedings to stay meanwhile. BY THE COURT: J. , JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5203 Stonehedge Center, LLC, and Wesley A. Tate tJd/b/a Lloyd's Septic Service, Defendants CIVIL ACTION - LAW JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5355 Kimco Realty Corporation, Defendant CIVIL ACTION - LAW ORDER OF CONSOLIDATION AND NOW, , 2006, it is ordered that the action by JoAnn Rinehart and Harry Rinehart, against Stonehedge Center, LLC and Wesley A. Tate t1d/b/a Lloyd's Septic Service (No. 05-5203), and their action against Kimco Realty Corporation (No. 05-5355), are consolidated into a single action captioned JoAnn Rinehart and Harry Rinehart, her husband, against Stonehedge Center, LLC, Wesley A. Tate t1d/b/a Lloyd's Septic Service, and Kimco Realty Corporation. The respective pleadings in the actions hereby consolidated shall remain as the pleadings in the consolidated action. The findings, verdicts, and judgments in the consolidated action shall be entered as though the said action had been originally commenced as a single action. BY THE COURT: J. . Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@hhrlaw.com Attorney for Plaintiff JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5203 Stonehedge Center, LLC, and Wesley A. Tate tld/b/a Lloyd's Septic Service, Defendants CIVIL ACTION - LAW JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5355 Kimco Realty Corporation, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 20th day of September, 2006, I hereby certify that I have served the within document upon counsel for Defendants and/or Defendants without counsel, by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Timothy J. McMahon, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road Suite B Harrisburg, PA 17112 f Tate Wesley t/d/b/a Lloyd's Septic SeNice 95 Zion Road Carlisle, PA 17013 Stonehedge Center, LLC c/o CT Corporation 1515 Market Street Philadelphia, PA 19102 Stonehedge Center, LLC 170 W. Ridgely Road, Suite 300 LutheNille, MD 21093 HANDLER, HENNING & ROSENBERG, LLP 3Y-) ~(~ W,~Ql~ Maria Wells, Legal Secretary to Stephen G. Held, Esquire to-,) = C? 0" (/) rrl -0 N ~ ~:n -0 {;; :D6 c.> --1 ~..,- ....,... f ';'- Jl i"~O om .-'--1 "I> :n -< -0 :% w o ......J . JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5203 / Stonehedge Center, LLC, and Wesley A. Tate tJd/b/a Lloyd's Septic Service, Defendants CIVIL ACTION - LAW JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5355 Kimco Realty Corporation, Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE And now, on 0 <..\ o'o~(" ~ ,2006 a rule is granted upon Stonehedge Center, LLC, Wesley A. Tate t1d/b/a Lloyd's Septic Service and Kimco Realty Corporation to show cause why the action of JoAnn Rinehart and Harry Rinehart, against Stonehedge Center, LLC and Wesley A. Tate t1d/b/a Lloyd's Septic Service (No. 05-5203), and their action against Kimco Realty Corporation (No. 05-5355), should not be consolidated. Rule returnable 0(..\ o'oc,or l~ ,2006. All proceedings to stay meanwhile. BY THE COURT: ~ t t. 1 \ - k.1\\ J .J ~~ 68 :01 HV 8- 1:109002 }'!:J'\I10i,;C',-;.LCdd 3Hl :10 3:J!::UO--0311:J " " o Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD@hhrlaw.com Attorney for Plaintiff JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5203 Stonehedge Center, LLC, and Wesley A. Tate tJd/b/a Lloyd's Septic Service, Defendants CIVIL ACTION - LAW JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5355 / Kimco Realty Corporation, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 10th day of October, 2006, I hereby certify that I have served the within document upon counsel for Defendants and/or Defendants without counsel, by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U. S. Mail: Timothy J. McMahon, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Cru",ls Mill Road TRUE COpy FROM RECORL> SUite 81 Testimony whereof. I ~M8 unto set my hat" Harrisburg, PA 17112 ,nd the seal of said C Carlisle. Pa. f~)-..pr t: 01 ~ ,j,~ Jtl II. i[j I , ." ... Tate Wesley tJd/b/a Lloyd's Septic Service 95 Zion Road Carlisle, PA 17013 Stonehedge Center, LLC c/o CT Corporation 1515 Market Street Philadelphia, PA 19102 HANDLER, HENNING & ROSENBERG, LLP '--tY\~CL ID~ QQ~ Maria Wells, Legal Secretary to Stephen G. Held, Esquire r~:r.G'2):~,. 1\/1<:1:) , .. S~~ Z 2 2006 J~Y: '..,-... JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05.5203 Stone hedge Center, LLC, and Wesley A. Tate tld/b/a Lloyd's Septic Service, Defendants CIVIL ACTION. LAW JoAnn Rinehart and Harry Rinehart, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05.5355 / Kimco Realty Corporation, Defendant CIVIL ACTION - LAW Andnow.on.(~}li. 3 RULE TO SHOW CAUSE , 2006 a rule is granted upon Stonehedge Center, LLC, Wesley A. Tate tld/b/a Lloyd's Septic Service and Kimco Realty Corporation to show cause why the action of JoAnn Rinehart and Harry Rinehart, against Stonehedge Center, LLC and Wesley A. Tate tld/b/a Lloyd's Septic Service (No. 05-5203), and their action against Kimco Realty Corporation (No. 05-5355), should not be consolidated. Rule returnable(!2d- 2.l ,2006. All proceedings to stay meanwhile. BY THE COURT: J5fJ(j. ~. ~, d 'J JOANN RINEHART AND : IN THE COURT OF COMMON PLEAS OF HARRY RINEHART, her husband : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS : NO. 05-5203 CIVIL V. STONEHEDGE CENTER, LLC, AND WESLEY A. TATE T/D/B/A LLOYD'S SEPTIC SERVICE DEFENDANTS : CIVIL ACTION - LAW JOANN RINEHART AND HARRY RINEHART, her husband PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5355 CIVIL / KIMCO REALTY CORPORATION DEFENDANT : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 18th day of December, 2006, upon consideration of Plaintiffs' Motion to Make the Order dated October 3, 2006, Absolute, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiffs' Motion is GRANTED. The above-captioned proceedings will be consolidated into one action containing all the Defendants named therein. By the Court, "'" J. TMIE ~ FROM RECORD ~WhenJot.1 hereuntO...... .... ~ sa.c t Cat1tIae. Pa Ol ~ ~... . ~ r() JOANN RINEHART AND : IN THE COURT OF COMMON PLEAS OF HARRY RINEHART, her husband : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS : NO. 05-5203 CIVIL V. STONEHEDGE CENTER, LLC, AND WESLEY A. TATE T/D/B/A LLOYD'S SEPTIC SERVICE DEFENDANTS : CIVIL ACTION - LAW JOANN RINEHART AND : IN THE COURT OF COMMON PLEAS OF HARRY RINEHART, her husband : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. ~ NO. 05-5355 CIVIL V KIMCO REAL TV CORPORATION DEFENDANT : CIVIL ACTION - LAW AMENDED ORDER OF COURT AND NOW, this 19th day of December, 2006, the order dated December 18, 2006 allowing for consolidation of the above captioned cases is amended to include that all proceedings shall be consolidated into one action at 05-5203 Civil. By the Court, (.)-Iq-t)~ ~.~ Ji-fs ,.,.. COPY FROM RECORD !tftT~wbet8Of,' her8UntoSltmrhIaG . and..... of said Cc:t.:t .1! cartlsle, Pa. ~~q; ~ ~ ~~~ t ~r