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HomeMy WebLinkAbout02-2390IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action - (x) Law ( ) Equity DIANE M. SCHALL ZODA LAUER 520 SALMON ROAD PA. DEPARTMENT OF MECHANICSBURG, PA 17050 CORRECTIONS 2520 LISBURN ROAD CAMP HILL, PA 17001 Plaintiff Defendant Versus Plaintiff(s) Defendant(s) Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above captioned action. Writ of Summons shall be issued and forwarded to ( TTO Y ( X ) SHERIFF Don Bailey Esquire 4311 N. 61' Street Signature of Attorney Harrisburg, PA 17110 (717) 221-9500 Supreme Court ID No 23786 Name/Address/Telephone No. Date: May 15, 2002 of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. DATED: May az. Qiv, a, Prothonotary C71- l is G 4 &I ?C: 1 C? cj7l PI) rn lY {I^ -l ^G SHERIFF'S RETURN - REGULAR CASE NO: 2002-02390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHALL DIANE M VS LAUER BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LAUER ZODA the DEFENDANT at 1621:00 HOURS, on the 17th day of May 2002 at PA DEPARTMENT OF CORRECTIONS 2520 LISBURN ROAD CAMP HILL, PA 17001 by handing to IAN TAGGART SUPER'S ASST. 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: So Answers: Docketing Service Affidavit 18.00 9.66 .00 Surcharge 10.00 R. Thomas Kline .00 37.66 05/20/2002 DON BAILEY Sworn and Subscribed to before By: ) ti me this 3,? day of Depu Sheriff a4 . ?, 02 UD .L A.D. CL., .Dh, ./g(.. P o honotary IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. SCHALL Civil Action - Law Plaintiff No. 02-2390 V. ZODA LAUER Defendant I, Gregory R. Neuhauser, Senior Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on July 19, 2002, I caused to be served a true and correct copy of the foregoing document Praecipe For Rule to File Complaint by depositing it in the United States mail, first-class postage prepaid to the following: Don Bailey, Esquire 4311 North 6th Street Harrisburg, PA 17110 4GGO R. NEUHAUSER Senior Deputy Attorney General C1 ?? O ?^" (U F1 L? f _.? ??li ? - { _) ?: ? ?? ^^?' t6., ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. SCHALL ) Plaintiff ) D?- a390 VS. ) ZODA LAUER ) Defendant ) COMPLAINT COMES NOW the plaintiff Diane Schall and brings this complaint against the defendant Zoda Lauer alleging violations of plaintiffs rights to be free of injuries defamatory. 1.) On May 16, 2001 the defendant Lauer told a number of persons that plaintiff, a Food Service Supervisor at SCI Camp Hill, had "had stolen carpet" installed in her home. Lauer's representations were false. 2.) Lauer knows that plaintiff is in a law enforcement sensitive position and that being in such a position requires the utmost integrity. 3.) On or about May 21-22, 2001 the defendant Lauer told an inmate named Ebersole that an employee named Gelnett had installed stolen carpet in plaintiff s home and that Gelnett and plaintiff had been charged with receiving stolen goods. Lauer also told Ebersole that plaintiff "was fucking inmates in here" meaning in the prison. 4.) Upon information and belief Lauer called Jackie Weavedeau at Orf s Carpet and mentioning plaintiff and Gelnett by name expressed disbelief that they were still working at SCI Camphill. 5.) On or about May 23, 2002 the defendant Lauer told an inmate named Kreider that plaintiff was "screwing inmates". 6.) Zoda Lauer maliciously, with a vindictive intention to harm plaintiff, told numerous employees and many inmates at SCI-Camphill that plaintiff was a thief, was going to be arrested, was sexually promiscuous with inmates, and was going to be "locked up" for plaintiff's alleged wrongs. 7.) None of Zoda Lauer's viscously promulgated falsehoods were true in any way. 8.) Lauer's accusations and comments about plaintiff were defamatory and were intended to injure plaintiff and did cause plaintiff severe emotional pain, greatly lowered the esteem and respect for plaintiff with staff and inmates who heard these lies, and led to plaintiff being investigated and thought of as a person who steals and a woman who is loose and immoral with her body. 9.) Lauer's cruel and vindictive falsehoods led to plaintiffs being asked if she was going to be suspended by an inmate. 10.) On or about the end of May (30-315) 2001 the defendant Lauer asked some kitchen personnel if there were any good rumors she could spread about the plaintiff. 11.) On or about June 18, 2001 Zoda Lauer told inmate Dunham that plaintiff stole her hat and vest out of her locker and then wrote her (Zoda) up about it. 2 Zoda also told Dunham that plaintiff was jealous of her and that "There's 3800 swinging dicks in this jail and she's fucking mad at me because I got the one she wanted". 12.) Lauer's persistent falsehoods about plaintiff created a security problem within the prison, not just for plaintiff, but for everyone. 13.) On August 3, 2001 inmate Hugar told plaintiff that a prison investigator asked him how many staff plaintiff was screwing in here, and whether plaintiff was giving oral sex to inmates or did she give other favors. 14.) On August 15, 2001 food service instructor Freedman told plaintiff that Zoda Lauer told him plaintiff was being demoted to an instructor and that Gelnett was being fired. This information was false and baseless. 15.) The misconduct of the defendant Lauer has made plaintiff ill, has caused her great emotional pain and suffering, as has the mistreatment plaintiff has received from other sources at SCI Camphill. 16.) The plaintiff has suffered great injury to her reputation caused by defendant's defamatory words causing fellow employees, inmates, and others to view her as someone who would steal, and engage in other illegal activities, and engage in promiscuous sexual behavior and practice prohibited fraternization with prisoners). 17.) None of the accusations and other injurious things mouthed by defendant to plaintiff's colleagues and others were true or had any basis in fact. 18.) Defendant knew the false and baseless accusations and slanderous comments she made about the plaintiff were untrue. 3 WHEREFORE plaintiff demands judgment of the defendant Lauer for defamation together with fees, costs, attorneys fees, and such other relief as the Court may deem appropriate. Respe Illy Su itted 1 Don Bailey Esquire 4311 N. 61' Street Harrisburg, Pa 17110 (717) 221-96500 August 18, 2002 VERIFICATION 1. Diane Schall do hereby swear and affirm the foregoing Complaint is true and correct to the best of my knowledge, information, and belief. I am aware that making false statements to authorities is a violation of law Diane Schall Dated: 9 CERTIFICATE OF SERVICE I, Don Bailey do hereby certify that I mailed on this 18'hday of August 2002 a copy of the Complaint by First class mail-postage prepaid to the following attorney below: GREGORY R. NEUHAUSER SENIOR DEPUTY ATTORNEY GENERAL 15'x' FLOOR, STRAWBERRY SQUARE HARRISBURG, PA 17120 DON BAILEY ESQUIRE 4311 N. 69' Street Harrisburg, Pa 17110 (717) 221-9500 L o p na n NO Y Q ' ; ca I zn Cfl (11 ? DIANE M. SCHALL V. ZODA LAUER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-2390 Defendant ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg, Katzman & Shipman, P.C. on behalf of Defendant Zoda Lauer. GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: 119102 Date: l V119102,- Thomas Thomas 171. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234E-4161 Attorney for Defendant Zoda Lauer 88536.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing; document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid at Harrisburg, Pennsylvania and addressed as follows: Don Bailey, Esq. 4311 N. & Street Harrisburg, PA 17110 -'4 1, omas E. Brenner, Esq. Date: l a- I o 10-2- .Z 21 - . ...- crJ.= fG? 1 , JAMES L. RICH and IN THE COURT OF COMMON PLEAS SHARON A. RICH, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO.: 02-2390 HARRY B. CLARK and JOYCE B. CLARK, t/d/b/a JOY-ARK : BUILDERS and CRITERIUM YINGST ENGINEERS, INC., Defendants : SAMUEL J. KACYON, JR. t/d/b/a SAMUEL J. KACYON, JR. HEATING & COOLING Additonal Defendants NOTICE TO PLEAD TO: JAMES L. RICH and SHARON A. RICH c/o Mark K. Emery, Esq. 410 North Second Street Harrisburg, PA 17101 YOU ARE REQUIRED to plead to the within Answer with New Matter to the Third Party Complaint within 20 days of service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Additional Defendant Samuel J. Kacyon, Jr. t/d/b/a Samuel J. Kacyon, Jr. Heating & Cooling Date: (? 6 f03 JAMES L. RICH and IN THE COURT OF COMMON PLEAS SHARON A. RICH, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO.: 02-2390 HARRY B. CLARK and JOYCE B. CLARK, t/d/b/a JOY-ARK BUILDERS and CRITERIUM YINGST ENGINEERS, INC., Defendants SAMUEL J. KACYON, JR. t/d/b/a SAMUEL J. KACYON, JR. HEATING & COOLING Additonal Defendants ANSWER OF ADDITIONAL DEFENDANT & COOLING, O THE THIRD PARTY SAMUEL J. KACYON, JR. HEATING COMPANY WITH NEW MATTER AND NOW, comes the Additional Defendant Samuel J. Kacyon, Jr. t/d/b/a Samuel J. Kacyon, Jr. Heating and Cooling, who states: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. g. This allegation is contained in the Complaint. The allegation is denied. 9. Admitted. 10. Admitted. 11. Denied. This paragraph states a legal conclusion to which no response is necessary. 12. Denied. Additional Defendant Kacyon did not breach any duty in installing the heating and cooling system. Moreover, the paragraph states a legal conclusion to which no response is necessary. 13. Denied. It is denied that Additional Defendant Kacyon breached its contract with Joy-Ark Builders. In further response, the paragraph states a legal conclusion to which no response is necessary. 14. Denied. This paragraph states a legal conclusion to which no response is necessary. 15. Denied. This paragraph states a legal conclusion to which no response is necessary. 16. Denied. This paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Additional Defendant Samuel J. Kacyon, Jr., t/d/b/a Samuel J. Kacyon, Jr. Heating and Cooling requests that the Third Party Complaint be dismissed with prejudice. NEW MATTER 17. plaintiffs' damages arose from their comparative negligence, including the burning of numerous candles in their home. WHEREFORE, Additional Defendant Samuel J. Kacyon, Jr., t/d/b/a Samuel J. KacYon, Jr. Heating and Cooling requests that the Third Party Complaint be dismissed with prejudice. Date: I/ I b 3 i GOLDBERG, KATZMAN & SHIPMAN, P.C. BY:_ Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Additional Defendant Samuel J. Kacyon, Jr. t/d/b/a Samuel J. Kacyon, Jr. Heating & Cooling VERIFICATION 1 r jr verithat I am an authorized ryYl ?' ??t, representative of Samuel J. Kacyon, Jr., t/d/b/a Samuel J. Kacyon, Jr. Heating and Cooling that I have read the foregoing ANSWER and hereby affirm that it is true and correct to the best of my personal knowledge, information or belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. SAMUEL J. KACYON, JR. t/d/b/a SAMUEL J. KACYON, JR. HEATING AND COOLING Date: CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid at Harrisburg, Pennsylvania and addressed as follows: Douglas Marsico, Esq. Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17101 Date: 1)193 Thomas E. Brenner, Esq. 88172.1 C7 t-,-, ?'? ; ? _ ? - < Cr`. ?. r=C. ' - ? -- y. --r. ? ? - + • • ? ? -C DIANE M. SCHALL ZODA LAUER V. Plaintiff Defendant TO: DIANE M. SCHALL, Plaintiff c/o Don Bailey, Esq. 4311 N. & Street Harrisburg, PA 17110 : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-2390 YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. GOLDBERG, KATZ:MAN & S IPMAN, P.C By: Date: a(510) Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorney for Defendant Zoda Lauer DIANE M. SCHALL Plaintiff V. ZODA LAUER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-2390 Defendant ANSWER WITH NEW MATTER OF DEFENDANT ZODA LAUER AND NOW, comes the Defendant, Zoda Lauer, by her attorneys, Goldberg, Katzman & Shipman, P.C., who state: 1. Denied as stated. Ms. Lauer told her supervisor that she had been advised that Plaintiff had stolen carpet installed in her home. 2. Denied. This paragraph states a legal conclusion to which no response is necessary. 3. Denied. 4. Admitted with clarification. The person at the carpet store was aware of possible involvement by Schall and Gelnett prior to the discussion with Lauer. 5. Denied. 6. Denied. 7. Denied. Defendant Lauer did not promulgate any falsehoods. 8. Denied. This paragraph states a series of legal conclusions to which no response is necessary. 9. Denied. Defendant Lauer did not make any false statements about the Plaintiff. As to the remainder of the paragraph, it is denied pursuant to Pa.R.C.P. 1029 (e). 10. Denied. 11. Denied. 12. Denied. 13. Denied. Defendant Lauer is not aware of an:y discussions between Hugar and the Plaintiff. 14. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 15. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 16. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). In further response, this paragraph states a legal conclusion to, which no response is necessary. 17. Denied. This paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendant Lauer requests that the Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 18. Any statements made by Defendant Lauer were truthful. 19. Plaintiff sustained no harm to her reputation as a result of any statements made by the Defendant. 20. Any statements made by Defendant regarding the Plaintiff were part of her job related activities and subject to privilege. 21. Plaintiff's Complaint fails to state a cause of action. 22. Plaintiff's Complaint fails to state an action for slander or defamation. 23. Plaintiff fails to set forth damages for defamation as required by applicable case law. WHEREFORE, Defendant Lauer requests that the Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. BY:---- Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg., PA 17108-1268 (717) 234-4161 Date. Attorney for Defendant Zoda Lauer 89537.1 VERIFICATION I, Zoda Lauer, have read the foregoing Answer and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Date: ?p- od auer CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the united States mail, postage prepaid at Harrisburg, Pennsylvania and addressed as follows: Don Bailey, Esq. 4311 N. & Street Harrisburg, PA 17110 Thomas E. Brenner, Esq. Date: c- 'ra Bpi Gn .: f r7t ,.a -J _ 1 J1 '.I tJS -< Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attornev for Defendant Zoda A. Lauer DIANE M. SCHALL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ZODA LAUER NO.: 02-2390 Defendant CERTIFICATE PREREQUISITE 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, Plaintiff hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) Plaintiff has not received any objections to the subpoena being served upon Fulton Bank; and 4) The subpoena to be served is identical to the subpoenas attached to the Notice of Intent. GOLDBERG KATZMAN &? HIPMAN, P.C. J By: Thomas E. Brenner, Esquire Attorney I.D. #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: l d I i p 3 Attorneys for Defendant, Zoda A. Lauer Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attome for Defendant Zoda A. Lauer DIANE M. SCHALL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ZODA LAUER NO.: 02-2390 Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Don Bailey, Esq. 4311 N. 6"' Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Plaintiff intends to serve subpoenas identical to those attached to this notice. You have twenty (20) days from the date listed below in which to rile of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. DATE: ) 0 ? 2')LJ 03 GOLDBERG, KATZMAN & SHIPMAN, P.C. B1 Thomas E. Brenner, Esquire Attorney I.D. #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant, Zoda A. Lauer COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE M. SCHALL IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ZODA LAUER Defendant NO.: 02-2390 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Correctional Institution at Camp Hill 2,S2o Lisburn Road P.O. Box 598, Camp Hill PA moot (Name of Person or Entity) Within twenty (2o) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the COMPLETE SECURITY FILE for DIANE SCE ALL at Goldberg, Katzman & 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 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 (2o) 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: Thomas E. Brenner. Esquire ADDRESS: -2o Market Street. StrawberKy Square Harrisburg PA 17168-1 268 TELEPHONE: (m) 2u-4161 SUPREME COURT ID # g2o8.r; BY THE COURT: DATE: Z 3 Seal of th Court Prothonotary/Clerk, Civil tvision epD uty (Eff. 7/97) CERTIFICATE OF SERVICE I, Mary K. Ridings, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this Z ii day of a 7e! , 2003, a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Don Bailey, Esq. 4311 N. 6th Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY CERTIFICATE OF SERVICE l Lt I, Mary K. dings, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this l , . day ofvuti+bU +bU x2003, a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Don Bailey, Esq. 4311 N. 6"' Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY c7 ?_> n =n- ?i`nn 1 DIANE M. SCHALL : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 02-2390 ZODA LAUER Defendants . CIVIL ACTION-LAW CERTIFICATE PREREQUISITE TO (SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Plaintiff hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of each subpoena attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) Defendant has not received any objections to subpoenas being served upon Kenneth C. Witters and the twenty day waiting period was waived on April 8, 2004. 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Any -/,fJ2 Thomas E. Brenner, Esquire Attorney I.D. #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DATE: 5- ? ?? 7 Thomas E. Brenner, Esquire Attorney I. D. No. 32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Zoda Lauer DIANE M. SCHALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION V. NO. 02-2390 ZODA LAUER Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Diane M. Schall, Plaintiff c/o Don Bailey, Esq. 4311 N. 61s Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant Zoda Lauer intends to serve subpoenas identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena maybe served. GOLDBERG, I:ATZMAN & SHIPMAN, P.C. By: h r_ ?-'n"x;? Thomas E. Brenner, Esquire Attorney I.D. #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant Zoda Lauer Date: -?1214111y CERTIFICATE OF SERVICE I, Stephen J. Romeo, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this 2nd day of April, 2004, a true and correct copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served upon the following by depositing the same into the United States Mail, first-class mail, postage pre-paid, to: Don Bailey, Esq. 4311 N. 61' Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: ? ;lIL14v- STE HE J. ROMEO, PARALEGAL to THOMAS E. BRENNER, ESQ. CO1W4DNWEALTH OF PEZ*ZSYLVANTA COUWY OF CUt13FRiAND DIANE M.SCHALL Plaintiff V. File No. 112-2390 ------------- ZODA LAUER Defendant SUBPOENA TO PRODUCE DOCI IS OR THINGS FOR DISODVERY PURSUANT TO RULE 4009.22 TO: Hazel Brown, LP (Name of Person or Entity Within twenty (20) days after service of this subpoena„ you are ordered by the court to produce the followinq documents or things: All records and docueents pertaining to Diane M. Schall, d/o/b 1/22/56. SS -4$=751 . aL -uerg, AaEzman and Shipman, P.C., (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccrTpliance, to the party making this request at the addrzss 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 ccmpelling you to ccnPly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas E. Brenner, Esq. ADDRESS: 320 Market Street, . , ox Harrism, PA 17108 TELEPHONE: 717-234-4161 SUPREME COURT ID # 32085 ATTORNEY FOR: Defendant DATE:_ _Q Lf Seal of the Cour T BY THE COURT: Prothonotavy/Clerk, civil ision Deputy (Eff. 7/97) CUMMONWEALTH OF PINNMVAN7A COUNTY OF CUMBERLAND DIANE M. SCHALL Plaintiff V. File No. 07-9490 ZODA LAUER Defendant SUBPOENA TO PRODUCE 0001?1ENTS OR THINGS FOR DISOpyERY PURSUANT TO RULE 4009.22 TO: Dr. William F. Kramer, DO tNarne of person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docLrnents or things: All records and documents pertaining to Diane M. Schall, d/o/b 1/22/56. SS# 162-48-7508. ----- ------ aL wiaoerg, Katzman and Shipman, P.C.; 320 (Address) 17108 this may deliver or mail legible copies of the docunerts or produce things requested by subpoena, together with the certificate of ccnpliance, du the party making this request at the addrzss 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 o produce the (20) days after service, documnts or things required by this subpoena within twenty carYielling you to the party serving this subpoena way seek a court order cats ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas E. Brenner, Esq. ADDRESS: 320 Market Street, P. oa 68 Harrisburg, PA 17108 TELEPHONE: 717-234-4161 SUPREME OXAT ID # 32085 ATTORNEY FOR: Defendant DATE:_ Seal of theCo- (Eff. 7/97) BY COIAtT: Prothonotaryry/clerk. ci?;r COMXNEALTH OF PENNSYLVANIA OOLINTY OF CUMBERLAND DIANE M. SCHALL Plaintiff V. File No. 02.2390 ZODA LAUER Defendant SUBPOENA TO PRODUCE DOOl?1ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. David Petkash, MD (Name of Person or Entity) ------ Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followinq documents or things: All medical records and other documents pertaining to Diane M. Schall d/o/b 1/22/SbT6[-TFgT at Goldberg, Katzman, and Shipman, P.C.; 3 Mir t ree (Address) ------ You MY deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of request at the addrzss listed above. You have the right toaseek inoadvance the reason OaTilice, the Pty making this cost of Preparing the copies or producing the things sought. able If you fail to produce the documents or things re (20) days after its service, the quis by this subpoena within twenty carpel Iing you to party serving this subpoena Tray seek a court order ocnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas E. Brenner, Esq. ADDRESS- 320 Market Street; ox g Harris, PA 17108 TELEPHONE: 717-234-4161 SUPREME COURT ID # 32085 ATTORNEY FOR: Defendnat DATE: ? lx/?' Seal of the Court ???/Y (Eff. 7/97) ?[MONWEALTH OF PRNNSYLVAHTTA COUNTY OF COMBERIA yD DIANE M. SCHALL Plaintiff V. ZODA LAUER Defendant File No. 02-2390 SUBPOENA TO PRODUCE DOCUjENTS OR THINGS FOR DISCOVERY p( ?ANf TO RULE' 4009.22 TO: Dr. Denise Harr (Name of Person or Entity) ------___ Within twenty (20) days after service of this subpoena, you are ordered by the court to Produce the following doalnents or things: All documents pertaining to Diane M. Schall, d/o/b 1/22/56. SS# 162-48-7508. at 6 Shi_ pmn, P. C,; 320 Market Street, P?O.Box (Address) -?'- attn:'Thomas Brenner-,-sq. You my deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ocrnpliance, 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena rray seek a court order compelling you to fly with it. TH I S SUBPOENA E WAS I SSUED E y THE REQUEST OF THE FOLLOWING PERSON: Thomas NAME: ADDRESS: 320 Market Street &arris urg, TELEPHONE:717-234-4161 -- SUPREME COURT ID # 320 5 ATTORNEY FOR: Defendant DATE:_ / 'L ? ofthe Sea l Court (Eff. 7/97) CO!'MNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIANE M. SCRALL Plaintiff File No. 02-2390 V. ZODA LAUER Defendant SUBPOENA TO PRrDI OOC .-.-S ()R THINGS FOR DIN-WERY PURSUANT TO RULE 4009.22 TO: ..... ?,?-. vi rC -bun cc tntity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical records and documents pertaining to Diane M. Schall, d/o/b 1/22/56.SS# 162-48-7508. at Goldberg, Katzman 6 Shipman, P.C.; 320 Market Street, P.O.Box 1268, rris urg, (Address) attu: Thomas Brenner, Esq. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at the addrzss 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 docurents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order cmriellinq you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:Thomas E Brenner Esq ADDRESS: 320 Market Street Aarricbnro__PA1710_ 8 TELEPHONE: (717) 234-4161 SUPREME COURT ID # z2nRS ATTORNEY FOR: Defendant DATE:_ fnm r- 4 a M? Seal of the Cour, (Eff. 7/97) COMMONWEALTH OF PENNSYLVANTA COUNTY OF CUMBERLAND DIANE M. SCHALL Plaintiff V File No. 02-2390 ZODA LAUER Defendant SUBPOENA TO PRODUCE DOCUMENTS DR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Jasper Campana 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: All medical records and other documents pertaining to Diane M. Schall, d/o/b 1/22/56. SS# ZbT 48---T5W-- at Goldberg, Katzman, and Shipman, P,C.; 320 Mar et tree (Address) attu: Thomas Brenner, Esq. you may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ocn-pl;ante, to the party making this request at the addrzss 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 doaments or thins re (20) days after its service, the g ired by this subpoena within twenty compelling you to ccnply with it. party serving t thhis subpoer'ra may seek a court order THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas E. Brenner, Esq. ADDRESS- 320 Market Street; ox 8 Harrisburg, PA 17108 TELEPHONE: 717-234-4161 SUPREME COURT ID # 32085 ATTORNEY FOR. Defendant DATE: /t Seal of the CourtT T: BY THE,7 R arY/Clerk, Civil is ion Deputy (Eff. 7/97) CERTIFICATE OF SERVICE I, Stephen J. Romeo, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this 19th day of MAY 2004, a true and correct copy of the foregoing SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served upon the :following by depositing same into the United States Mail, Certified/Return Receipt Requested, postage pre-paid, to: Hazel Brown, LP 525 Saint Johns Drive Camp Hill, PA 17011 GOLDBERG, KA,TZMAN & SHIPMAN, P.C. BY:_ 4-K S'1`EPHE J. ROMEO, PARALEGAL to THOMAS E. BRENNER, ESQUIRE CERTIFICATE OF SERVICE I, Stephen J. Romeo, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this 19th day of MAY , 2004, a true and correct copy of the fregoing ONA TO PRODUCE DOCUMENTS OR THINGS was served upon the following by deposiittng sane into the United States Mail, Certified/Retum Receipt Requested, postage pre-paid, to: Dr. William F. Kramer, D.O. 4010 Londonderry Road Harrisburg, PA 17109 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: -/411 STEPH J. ROMEO, PARALEGAL to THOMAS E. BRENNER, ESQUIRE CERTIFICATE OF SERVICE I, Stephen J. Romeo, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this 19th day of MAY , 2004, a true and correct copy of the foregoing SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served upon the :Following by depositing same into the United States Mail, Certified/Return Receipt Requested, postage pre-paid, to: David Petkash, M.D. 503 N. 21" Street Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: S EPH J. ROMEO, PARALEGAL to THOMAS E. BRENNER, ESQUIRE CERTIFICATE OF SERVICE I, Stephen J. Romeo, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby cert ify that on this ] 9th day of MAY , 2004, a true and correct copy of the foregoing SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served upon the ;Following by depositing same into the United States Mail, Certified/Return Receipt Requested, postage pre-paid, to: Dr. Denise Harr, M.D. 1830 Good Hope Road Enola, PA 17025-1237 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: ST PHEn J. ROMEO, PARALEGAL to THOMAS E. BRENNER, ESQUIRE CERTIFICATE OF SERVICE I, Stephen J. Romeo, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this 19th day of MAY , 2004, a true and correct copy of the foregoing SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served upon the fallowing by depositing same into the United States Mail, Certified/Return Receipt Requested, postage pre-paid, to: Dr. Clifford J. Reyno 101 Office Ctr Dillsburg, PA 17019 GOLDBERG, KA.TZMAN & SHIPMAN, P.C. STEPHEN J. ROMEO, PARALEGAL to THOMAS E. BRENNER, ESQUIRE CERTIFICATE OF SERVICE I, Stephen J. Romeo, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this 19th day of MAY 2004, a true and correct copy of the foregoing SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served upon the following by depositing same into the United States Mail, Certified/Return Receipt Requested, postage pre paid, to: Dr. Jasper L Campana 4 Barlo Circle Dillsburg, PA 17019-1624 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: A, l STEPH NJ. ROMEO, PARALEGAL to THOMAS E. BRENNER, ESQUIRE N Q (. ? Cr c ? "ll 2' .? ,L ??., T .n ??'? ,'= L ?? ?_ ?, ?? c, l"1l f .?, ?] ?4 ')tnmp_Vl'l. ?Cl?r?? vs Z& JatUA Case No. _W - (9 _?9() Statement of Intention to Proceed To the Court: A-halL intends to proceed with the above captioned matter. Print Narre Sign dame Cou? P, ?d, ? Date: ' 0_3 Attorney for Plu)nbU Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govem the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rulc230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. N O L C7 p n' r, n :51 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. SCHALL V. Plaintiff NO. 02-2390 ZODA LAUER Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ less than $50,000. The counterclaim.of the defendant in the action is $ 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: NONE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. espec fully s b T s E. Brenner, Esquire Goldberg Katzman, P.C. ORDER OF COURT P. 0. Box 1268 Harrisburg, PA 17108-1268 AND NOW, , in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. '? ?i ?" -.a - , ? ( ? ? ? , . , ? c..... ` -r; ? cam. t ; ?' ? ?.h` ( \1 { ?_ `?" ? s.?. e.>' `? ? t: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. SCHALL Plaintiff NO. 02-2390 V. ZODA LAUER Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ less than $50, 000. The counterclaim.of the defendant in the action is $ 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: NONE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. <espec fully s ;. T s E. Brenner, Esquire Goldberg Katzman, P.C. ORDER OF COURT P. 0. Box 1268 Harrisburg, PA 17108-1268 AND NOW, , a()66) , in consideration of the foregoing petition, Esq., Esq., and l /A Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By Court, YMP.J. 1>1 A \ a \-' -Z J J C 6ul?l DIANE M. SCHALL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ZODA LAUER, DEFENDANT 02-2390 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. R. Mark Thomas, Esquire, Chairman, shall be paid the sum of $50.00. By R. Mark Thomas, Esquire Court Administrator _ :sal C Edgar B. Bayley, J. day ???? I Copy 1 lv [ ?I i N DIANE M. SCHALL, V. ZODA LAUER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 02-2390 Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this action as discontinued and withdrawn of record. Date: I- If- kta?? Don ailey Esquire 4311 North Sixth Street Harrisburg, PA 17110 (717)221-9500 169166.1 ?. ;) c _? :;,, a. ?.?c . ,- 4£ ` ; ,fir ?. =?'. C'?) «. I F T ?_'' .:Lc.