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HomeMy WebLinkAbout96-00174 i \ J . -? , i 1 I I ! I I I , , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PA ROBERT ALLEN KEMP PlaintifT - Petitioner. SUPERIOR COURT OF DEKALB COUNTY, GEORGIA CIVIL ACTION FILE NO : 95-15208-2 vs. ) ) ) ) ) ) ) CUMBERLAND COUNTY. PA NO, (,'~. /7'/ {i;x:i '/..l.'~ KAREN KNOX KEMP (LEHMAN) Defendant - Respondent ORDER .rrJ AND NOW, January ~. 1996, the Petition for Issuance ofa Subpoena is granted; the Prothonotary is directed to issue a subpoena in the limn attached hereto as exhibit A; and the records requested in said subpoena are to be forwarded to Robert Allen Kemp at 4611 South University Drive Suite # 180 Davie. Florida 33328, in order thatPlaintin:I'etitioner may properly prepare for the above referenced case on or before the 26th day of January, 1996. By the Court: i/ae-r/ ~5tu:; tJl ~ ! " nts{')-omcc _ , C.. p, .,' f......... .'"'.1...... :I.~.( \i' I;' . !, '.' '.!.,~'\ .1\ cu""'\ H") ( "'\''''I~' ...,\_;', _ i . ., ,\ ,,\4' ..H.\ , 1'.\' \ ',," V" r ~ .t~h ..1 I l.,,'';', . \ :1 ,I' " % J~"\ zll L',', S: :',1\ i , ,:\ ,i\ !ll ~j .i' ! ~"'" . , . 7. The records omilled from the Plaintiff. Petitioner's employee file are pertinent evidence in the above referenced case, The records omilled are specifically as follows: a, One leller which was sent to L. B, Smith, Inc, or one of its branches form a fictitious detective agency which falsely stipulated that the Plaintiff.Petitioner had severnl drinking and driving offenses, was convictcd of one or more Iclonies, and other various slanderous implications, b, One or more pages oflhlsified and misleading court documents relating to previous charges against the Plaintiff.Petitioner which were in reality dismissed, c, One letter addressed to the President of L, B. Smith, Inc, wrillen by the Plaintiff.Petitioner in regards to his termination of employment form L, B, Smith, Inc. WHEREFORE, Plaintiff. Petitioner prays: (a) That Court Order and the Subpoena issued against L, B, Smith, Inc. be complied with immediately. (b) That ifL, B. Smith, Inc, has failed to comply in full by the 7th day of February, 1996 a representative from L. B. Smith, Inc" specifically Mr, Daniel Bobik of the Fort Lauderdale Branch is ordered to personally appear on the 13th day of February, 1996 at the Superior Court of Dekalb County, Room 404 of the Dekalb County Courthouse, Decatur, Georgia at 9:30 a.m, and bring with you the aforementioned records and documents and be prepared to testilY. (c) That if L. B. Smith, Inc, continues to disregard this Court Order and Subpoena, they be held subject to the sanctions authorized by Rule 234,5 of the Pennsylvania Rules of Civil Procedure, including but not limited to damages, costs, allorney fees and imprisonment, Respectfully Submilled, f2.0--f ? Robert Allen Kemp 4611 S, University Dr, #180 Davie, Florida 33328 (954) 436.1217 , COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ROBERT ALLEN KEMP Plaintiff. Petitioner, ) ) ) ) ) ) ) SUPERIOR COURT OF DEKALB COUNTY, GEORGIA CIVIL ACTION FILE NO : 95.15208.2 VS, KAREN KNOX KEMP (LEHMAN) Defendant. Respondent CUMBERLAND COUNTY, PA NO: 1996-174 MOTION FOR COMPI~IANC~ WITH COURT ORDERED SUBPOENA The Plaintiff. Petitioner, Robert Allen Kemp, submits this his Motion for Compliance with Court Ordered Subpoena and states the following: I, The Plaintiff.Petitioner and the Defendant.Respondent are parties to civil litigation in the Superior Court of Dekalb County in the State of Georgia with Civil Action File no. 95.15208.2, 2. The Plaintiff. Petitioner recently submilled a Petition for Issuance of a Subpoena, a Court Order and a self styled Subpoena to the Court of Common Pleas, Cumberland County, Pennsylvania on January 12th, 1996. 3. The Honorable Judge Harold E. Sheely approved the Order for said Subpoena on the 18th day of January, 1996, 4. The subpoena requested from L. B. Smith, Inc" a corporation located in Cumberland County, Pennsylvania, that any and all employee records pertaining to the Plaintiff.Petitioner records be sent to the Plaintiff.Petitioner. S. The Plaintiff-Petitioner received above referenced records on the I st day of February, 1996 and found relevant portions of the records had been omilled, 6. L, B. Smith, Inc, is in noncompliance of the above referenced Court Order and by doing so is showing complete disrespect for the Court and Judges Order, , ~ 7. The records omilled from the Plaintiff.Petitioner's employee tile are pertinent evidence in the above referenced case. The records omilled are specifically as follows: a, One leller which was sent to L, 8, Smith, Inc, or one of its branches form a fictitious detective agency which falsely stipulated that the Plaintil1:Pelitioner had several drinking and driving offenses, was convicted of one or more felonies, and other various slanderous implications, b. One or more pages of falsified and misleading court documents relaling to previous charges against the Plaintiff-Petitioner which were in reality dismissed, c. One leller addressed to the President of L. 8, Smith, Inc. wrillen by the Plaintiff-Petitioner in regards to his teonination of employment form L, 8, Smith, fnc. WHEREFORE, Plaintiff-Petitioner prays: (a) That Court Order and the Subpoena issued against L, 8, Smith, fnc, be complied with immediately. (b) That ifL, 8, Smith, fnc, has failed to I;omply in full by the 7th day of February, 1996 a representative from L, 8, Smith, fnc,. specifically Mr. Daniel 80bik of the Fort Lauderdale Branch is ordered to personally appear on the 13th day of February, 1996 at the Superior Court ofDekalb County, Room 404 of the Dekalb County Courthouse, Decatur, Georgia at 9:30 a,m. and bring with you the aforementioned records and documents and be prepared to testifY. (c) That if L. B, Smith, fnc. continues to disregard this Court Order and Subpoena, they be held subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to damages, costs, allomey fees and imprisonment. Respectfully Submilled, ~~ Robert Allen Kemp 4611 S. University Dr. #180 Davie, Florida 33328 (954)436-1217