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HomeMy WebLinkAbout07-1008COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire 1. D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 (717) 761-2121 Attorneys for Plaintiffs Edward and Sheri Drumheller EDWARD D. DRUMHELLER and IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO.: n-7 160 l: I v?C? TROY S. GARR and QUALITY CARRIERS, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above named defendants at the following address(s): Thank you. Troy S. Garr 350 East Prospect Street Nazareth, PA 18064 Quality Carriers, Inc. 2327 Mt. Zion Road York, PA 17402 Leslie M. Fields, Esquire 1. D. 1.29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 Attorney for Plaintiffs Date: February 19, 2007 ti .? .gyp ....? O m - r :0 C7; y+ M. l - tj 'A CA) ^G COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire I.D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 (717) 761-2121 Attorneys for Plaintiffs Edward and Sheri Drumheller EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, his wife, Plaintiffs V. TROY GARR and QUALITY CARRIERS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. Dated: .2 -9 2W urt Lon of o tary Seal of the Court WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, Troy S. Garr and Quality Carriers, Inc. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Robert D. MacMahon Attorney for Defendant Date: -3(21 40-7 C t"i7 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiffs to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment on Non Pros. By: Robert D. MacMahon, Esquire RULE TO FILE COMPLAINT AND NOW, this.?kday of lkbnx-4, , 2007, a Rule is hereby granted upon Plaintiffs to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. By the Court: > co r ` . r o l _ V WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13'' Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF PHILADELPHIA I, Robert D. MacMahon, Esquire, being duly sworn according to law upon my oath, depose and say, that on or about April 3, 2007, I served Leslie M. Fields, Esquire, Attorney for Plaintiffs Edward S. Drumheller and Sheri L. Drumheller with a Rule to File Complaint in the above-referenced matter. A true and correct copy of my letter to Leslie M. fields, Esquire dated April 3, 2007 is attached hereto as "Exhibit A." I certify that the foregoing statements made by me are true, correct and my free act and deed. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Robert D. MacMahon, Esquire Sworn to and subscribed before me this day of 2007 ary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LINDA MATTOX, Notary Public City of Philadelphia, Phila. County My Commission Expires March 19, 2011 BIGG ?? E)CRII A WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP April 3, 2007 Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne„ PA 17043 RE: Edward Drumheller v. Quality Carrier Cumberland CCP, No. 07-1008 Our File Number: 0033322 Dear Ms. Fields: Direct Dial: (215) 972-7935 Email: rrnacmahon@"Iaw.com Initially, I wish to thank you for taking the time to discuss this case with me. I have entered my appearance and have filed a Rule to File Complaint with the Court; I did carbon copy you on that letter with the enclosures. I now serve the time-stamped Rule to File. I am enclosing Interrogatories and a Request for Production of Documents Directed to the Plaintiffs Edward D. Drumheller and Sheri L. Drumheller. Please serve complete and verified answers and responses within the time period prescribed by the Pennsylvania Rules of Civil Procedure. Of course, if you need further time, please do not hesitate to contact me. As a follow up to our recent telephone conversation, please come forward with an opening settlement demand so that I may apprise my principal accordingly. I also ask that you send me whatever specials packet that you have. Please also produce a copy of the Plaintiffs' dec sheet so that I may ascertain the exact amount of PIP coverage. You had indicated that the Plaintiff is still treating. If there is an updated amount of medical bills, please provide same. PHILADELPHIA NEW YORK P=BURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street - 13th Floor - Philadelphia, PA 19103 (215) 972-7900 - (215) 564-7699 (fax) - www.wglaw.com Leslie M. Fields, Esquire April 3, 2007 Page 2of2 I thank you for your anticipated cooperation and I look forward to hearing from you. Very truly yours, Robert D. MacMahon RDM/lm Enclosures q tr '' ?? ^^ 77%. t y .J COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire I.D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 Tel.: (717) 761-2121 Fax: 717-761-4031 Attorneys for Plaintiffs Edward D. and Sheri L. Drumheller EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, his wife, Plaintiffs V. TROY S. GARR and QUALITY CARRIERS, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1008 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, his wife, v. Plaintiffs TROY S. GARR and QUALITY CARRIERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1008 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, by and through their attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Complaint: The Parties 1. Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, are adult individuals residing at 437 Clover Road, Etters, York County, Pennsylvania 17319. 2. Defendant, Troy S. Garr, is an adult individual residing at 350 East Prospect Street, Nazareth, Northampton County, Pennsylvania 18064. 3. Defendant, Quality Carriers, Inc., is a Pennsylvania company engaged in the business of trucking with its main place of business being located at 2327 Mt. Zion Road, York, York County, Pennsylvania 17402. 4. At all relevant times herein, Defendant, Troy S. Garr, was an employee, agent and/or servant of Defendant, Quality Carriers, Inc., and was acting within the scope of that relationship. Background Allegations 5. The events giving rise to this cause of action occurred at approximately 11:48 a.m. on or about June 29, 2006 on Interstate Route 83 in New Cumberland Borough, Defendants -2- Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, Edward D. Drumheller, was the operator of a 1991 Chevrolet S10 pickup truck which was traveling northbound on Interstate Route 83 and, because traffic ahead had slowed and come to a stop, he slowed down and stopped his vehicle. 7. At the aforesaid time and place Defendant, Troy S. Garr, was operating a 1994 Truck Tractor tractor trailer (Vehicle #1) owned by Defendant, Quality Carriers, Inc., and was traveling northbound on Interstate 83 when the traffic ahead slowed and came to stop; however, Defendant, Troy S. Garr, failed to stop his vehicle and rear-ended the vehicle ahead of him (Vehicle #2) which vehicle struck the rear-end of the vehicle ahead (Vehicle #3) and which vehicle ahead in turn struck the rear-end of the vehicle operated by Plaintiff, Edward D. Drumheller (Vehicle #4), thereby causing the injuries and damages set forth in detail below. 8. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Edward D. Drumheller, and the Plaintiff, Sheri L. Drumheller, have suffered serious injuries and damages which are set forth in detail below. Count I: Plaintiff Edward D. Drumheller v. Defendant Troy S Garr - Negligence 9. The allegations set forth in paragraphs 1 through 8 above are incorporated herein by reference as if fully set forth. 10. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, Troy S. Garr, in that he: a) drove his vehicle in careless disregard for the safety of persons and property, including Plaintiff, Edward D. Drumheller, and his property; b) violated Section 3714(a) of the Motor Vehicle Code, 75 Pa.C.S. § 3714(a), "Careless driving - General rule," and thus is negligent per se; c) operated his vehicle too fast for the prevailing conditions; -3- d) failed to notice that the traffic ahead of him had slowed and come to a stop; e) failed to maintain his vehicle under proper and lawful control; f) failed to keep a proper lookout; g) failed to pay sufficient attention to the roadway and traffic; h) failed to see what he should have seen; 1) failed to notice the imminence of an accident and to take the necessary steps to avoid it; and j) acted without regard for the safety and rights of other motorists, including Plaintiff, Edward D. Drumheller. 11. As a direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) protruded discs at C5-6 and C6-7; b) reversal of cervical curve at C5-6 and C6-7; c) spondylosis at C6-7 with foraminal stenosis; d) exacerbation of herniated disc at L3-4; b) neck and lumbar strains; and c) right shoulder impingement syndrome. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has been obligated to receive and undergo medical attention, care and expenses for the injuries he has suffered and may be obligated to continue to receive and undergo such medical attention, care and expenses for an indefinite time in the future. 13. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered a loss of -4- earnings and/or impairment of his earning capacity and power, and may continue to so suffer for an indefinite time in the future. 14. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered medically determinable physical impairments which have prevented him from performing all of the normal acts and duties which constitute his usual and customary daily activities, and may continue to so suffer for an indefinite time in the future. 15. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has experienced severe pain and suffering, mental anguish and humiliation, and may continue to so experience for an indefinite time in the future. 16. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered a loss of life's pleasures and may continue to so suffer for an indefinite time in the future. Count II: Plaintiff Edward D. Drumheller v. Defendant Quality Carriers, Inc. -- Vicarious Liability 17. The allegations set forth in paragraphs 1 through 16 above are incorporated herein by reference as is fully set forth. 18. At all relevant times herein, Defendant, Troy S. Garr, was an employee, agent and/or servant of Defendant, Quality Carriers, Inc., and was acting within the scope of that relationship. 19. Defendant, Quality Carriers, Inc., is vicariously liable for the injuries to Plaintiff, Edward D. Drumheller, negligently, carelessly and/or recklessly caused by its employee, agent and/or servant, Defendant, Troy S. Garr, as described in detail above. -5- 20. The negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, the employee, agent and/or servant of Defendant, Quality Carriers, Inc., which is imputed to Defendant, Quality Carriers, Inc., was a substantial factor in causing the injuries to Plaintiff, Edward D. Drumheller. 21. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Edward D. Drumheller, has suffered those injuries set forth in paragraphs 11 through 16 above, which averments are incorporated herein by reference as if fully set forth. Count III: Plaintiff Sheri L. Drumheller v. Defendants - Loss of Consortium 22. The allegations set forth in paragraphs 1 through 21 above are incorporated herein by reference as if fully set forth. 23. At all relevant times herein, the Plaintiff, Edward D. Drumheller, and the Plaintiff, Sheri L. Drumheller, were lawfully and continuously married. 24. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Sheri L. Drumheller, has suffered a loss of consortium, society and companionship of her husband, the Plaintiff, Edward D. Drumheller, and may continue to so suffer for an indefinite time in the future. Conclusion WHEREFORE, Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, based on the foregoing allegations, hereby demand judgment in their favor and against Defendants, -6- Troy S. Garr and Quality Carriers, Inc., jointly and severally, in excess of the compulsory arbitration limits together with costs and interest as provided by law. RESPECTFULLY SUBMITTED: BY: ' L slie M" Fields, squire I. D. # 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.Costopoulos.com Attorney for Plaintiffs Dated: April 23, 2007 VERIFICATION I, Plaintiff, Edward D. Drumheller, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. ??WW'B AA& Edward D. Drumheller DATED: April I ? , 2007. VERIFICATION I, Plaintiff, Sheri L. Drumheller, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. S eri L. Ze _7?oe DATED: April, 2007. CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 23`d day of April 2007, a true and correct copy of the foregoing Plaintiffs Complaint was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Robert D. MacMahon, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Defendants COSTOPOULOS, FOSTER & FIELDS L slie M. Fields, Esquire e-? r , ` - ? 40 c - ? =? v WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 ANSWER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT WITH NEW MATTER And now comes Defendants Troy S. Garr and Quality Carriers, Inc. through their attorneys, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, and answer the Plaintiffs' Complaint as follows: The Parties 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations, and strict proof, if deemed relevant, will be demanded at the time of trial. 2. Admitted. 3. Denied. The allegations contained in paragraph 3 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 4. Denied. The allegations contained in paragraph 4 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. Background Allegations 5. Admitted, upon information and belief. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations, and strict proof, if deemed relevant, will be demanded at the time of trial. 7. Denied. The allegations contained in paragraph 7 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 8. Denied. The allegations contained in paragraph 8 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. Count I: Plaintiff Edward D. Drumheller v. Defendant Troy S. Garr - Negligence 9. Plaintiffs' paragraph 9 is an incorporation paragraph and as such, no response is required thereto. 10. Denied. The allegations contained in paragraph 10 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 10(a)-(j). Denied. The allegations contained in paragraph 10(a)-(j) are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 11. Denied. The allegations contained in paragraph 11 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 11(a)-(f). Denied. The allegations contained in paragraph 11(a)-(f) are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 12. Denied. The allegations contained in paragraph 12 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 13. Denied. The allegations contained in paragraph 13 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 14. Denied. The allegations contained in paragraph 14 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 15. Denied. The allegations contained in paragraph 15 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 16. Denied. The allegations contained in paragraph 16 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. WHEREFORE, Defendants Troy S. Garr and Quality Carriers, Inc. deny that they are liable on the cause of action declared upon by Plaintiffs and demand judgment in their favor and against Plaintiffs together with reasonable attorney's fees and costs of suit. Count II: Plaintiff Edward D. Drumheller v. Defendant Quality Carriers, Inc. - Vicarious Liability 17. Plaintiffs' paragraph 17 is an incorporation paragraph and as such, no response is required thereto. 18. Denied. The allegations contained in paragraph 18 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 19. Denied. The allegations contained in paragraph 19 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 20. Denied. The allegations contained in paragraph 20 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 21. Denied. The allegations contained in paragraph 21 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. WHEREFORE, Defendants Troy S. Garr and Quality Carriers, Inc. deny that they are liable on the cause of action declared upon by Plaintiffs and demand judgment in their favor and against Plaintiffs together with reasonable attorney's fees and costs of suit. Count III: Plaintiff Sheri L. Drumheller v. Defendants - Loss of Consortium 22. Plaintiffs' paragraph 22 is an incorporation paragraph and as such, no response is required thereto. 23. Denied. The allegations contained in paragraph 23 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 24. Denied. The allegations contained in paragraph 24 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. WHEREFORE, Defendants Troy S. Garr and Quality Carriers, Inc. deny that they are liable on the cause of action declared upon by Plaintiffs and demand judgment in their favor and against Plaintiffs together with reasonable attorney's fees and costs of suit. NEW MATTER 25. Defendants assert all of the defenses, limitations and exclusions available under the Motor Vehicle Financial Responsibility Law and aver that Plaintiffs are limited exclusively thereto. Therefore, the present action is barred. 26. Plaintiffs have chosen the limited tort-option and, therefore, their recoverable damages are limited or barred in accordance with the Motor Vehicle Financial Responsibility Law. 27. Plaintiffs have not suffered a serious injury or impairment and, therefore, their recoverable damages are limited or barred in accordance with the Motor Vehicle Financial Responsibility Law. 28. Plaintiffs violated the provision of the Pennsylvania Motor Vehicle Code, and, therefore, the accident was caused solely by their own negligence and carelessness. 29. Plaintiffs' cause of action is barred by the appropriate statute of limitations. 30. In the event that plaintiffs request damages for delay pursuant to Rule 238 of the Pennsylvania Rules, Defendants have challenged the applicability and constitutionality of said Rule, places it at issue and demands a hearing on the matter. 31. Plaintiffs' Complaint is barred or limited by the terms and conditions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by reference as though the same were more fully set forth herein at length. 32. Defendants hereby plead and invoke the Sudden Emergency Doctrine and all of the protections and defenses afforded thereby. WHEREFORE, Defendants, Troy S. Garr and Quality Carriers, Inc. demand that the Complaint against them be dismissed. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. BY: ROBERT D. MacMAHON, ESQUIRE Attorney for Defendants Troy S. Garr and Quality Carriers, Inc. _ &.., VERIFICATION I, Troy S. Garr, Defendant, in this action state that the facts set forth in the foregoing Answer to Plaintiffs' Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities Troy . Garr ,S'-9-a7 Date #0033322 VERIFICATION I, -??°"'? `?=_', •'n?:? on behalf of Defendant Quabtty Carriers, in this action state that the facts set forth in the foregoing Answer to Plaint's Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities Quality Carriers, Inc. c - :) I -- o ` I Date CERTIFICATE OF SERVICE I, Robert D. MacMahon, Esquire, hereby certify that a true and correct copy of Defendants' Answer to Plaintiffs' Complaint with New Matter was forwarded by First Class United States Mail, postage pre-paid, to the following: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne„ PA 17043 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP BY: ~1 ROBERT D. MacMAHON, ESQUIRE Attorney for Defendant, Gabriel C. Gabriel d/b/a McDonald's Restaurants Date: ? IZ2, 107 C-.J ?? "'i.:-r: ,;fit. ( ' ? . , ; .r ` ? _ .-±'? __ .,? [, q` t. ?} v4 ? + - } .r„ ' COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire 1. D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 Tel.: (717) 761-2121 Fax: 717-761-4031 Attorneys for Plaintiffs Edward D. and Sheri L. Drumheller EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, his wife, Plaintiffs V. TROY S. GARR and QUALITY CARRIERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1008 Civil Term : CIVIL ACTION - LAW Defendants . JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW come the Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, by and through their attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and reply as follows: 25.-32. Denied. WHEREFORE, Plaintiffs request that the New Matter of defendants be dismissed. COSTOPOULOS, FOSTER & FIELDS Date: May 25, 2007 B - Leslie M. Fi Ids, Esquire I.D. No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Tel.: (717) 761-2121 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 25th day of May2007, a true and correct copy of the foregoing Plaintiffs' Reply to New Matter was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Robert D. MacMahon, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Defendants COSTOPOULOS, FOSTER & FIELDS Z,- ?61 _? eslie M. ields, Esquire C rrr rr x• ? Q C? ; s M s+• T r cs -< 07-2478A CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas EDWARD D. DRUMHELLER AND SHERI L. Cumberland County DRUMHELLER, H/W - VS TROY S. GARR AND QUALITY CARRIERS, No. 07-1008 INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROBERT D. MACMAHON, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 5/29/2007 ROBERT D. MACMAHON, ESQUIRE Counsel for Defendant A Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, H/W CUMBERLAND COUNTY VS. TROY S. GARR AND QUALITY No. 07-1008 CARRIERS, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 Please take notice there has been a request by ROBERT D. MACMAHON, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to EDWARD DRUMHELLER. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: May 8, 2007 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page A-11gh Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND CCLR File NO. 07-2478A SHERI L. DRUMHELLER, H/W TROY S. GARR AND QUALITY CARRIERS, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 5/5/2007 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no vs. I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X-Rays sent to me. yes / no (3) (4) Date: OBJECTIONS I understand that I may object to the Notice of Records Reproduction Request as Follows, and agree that my failure to do so on this Counsel Return Page shall serve as an agreement that the records reproduction service should proceed with the records collection process. yes / no (a) I object to the records reproduction service obtaining the yes / no records without a formal deposition. (b) I object to the records custodian mailing the original documents to the reproduction service. (c) I object to the records reproduction service taking the records out of the custody of the Records Custodian. I would like to look at the records at a Center City location before deciding whether to order a copy. Attorney for plaintiff(s) / defendant(s) LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 yes / no yes / no yes / no COMHONWEMMI OF PENNSYUVANIA COUNTY OF CUMBERLAND EDWARD & SHERI DRUMHELLER VS File No. 07-1008 TROY GARR & QUALITY CARRIERS,-INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: BARRY MOORE, MD (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 & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELLER. at _ CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) 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 carpel Iing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF ThE FOLLOWING PERSON: NAME: ROBERT MACMAHON, ESQUIRE ADDRESS : d=. Imo`,,, 7- -7 .d VM% TELEPHONE : r I i v sr Ii IA 1 SUPREME COURT ID Wy ATTORNEY FOR : M EN N BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) 00MnNWFMLTH OF PENNSYLVANIA OOUNTY OF ( iAM EDWARD & SHERI DRUMHELLER VS File No. TROY GARR & QUALITY CARRIERS,.INC. 07-1008 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: BERNARD ZELIGER, DO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowing doa rents or things: ANY & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) k. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccmpiiance, 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 may seek a court order oompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TFE FOLLOWING PERSON: NAME: ROBERT MACMAHON, ESQUIRE ADDRESS: Inc- 777 w2d VA IMAP TELEPHONE:_ 010 ?!w •rt?in9 44 SUPREME COURT ID 41ki.1mi moiSe 4.@ MW ATTORNEY FOR:_ EN 11N BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 1/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EDWARD & SHERI DRUMHELLER VS Fi le No. TROY GARR &' QUALITY CARRIERS,-INC. 07-1008 SUBPOENA TO PRODUCE DOCIa' M S OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GEORGE S. DURI SEK , MD (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 & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST _R gULTS, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) You may deliver or mail legible copies of. the documents or produce things requested by this subpoena, together with the certificate of ccmPliance, 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 carpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom: ROBERT MACMAHON, ESQUIRE ADDRESS: ?'_' r??yg?.... .. ' 77 inn • own TELEPHONE : Aimai! 16 w 191-09 F_ I fir SUPREME OOURT ID ATTORNEY FOR:_ lie EN N . BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA ODUN`I.'Y OF CUMBERLAND EDWARD & SHERI DRUMHELLER VS File No. 07-1008 TROY GARR & QUALITY CARRIERS,.INC. `SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HARISBURG HOSPITAL 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 & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) 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: Nom: ROBERT MACMAHON, ESQUIRE ADDRESS: Inc TELEPHONE: nn rr.?ll? 41 A w etaVT SUPREME COURT ID ATTORNEY FOR: MEMO -- tie BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) Op OF PE NSYLVANM ODUM OF CUMBERLAM EDWARD & SHERI DRUMHELLER - VS File No. 07-1 008 TROY GARR & QUALITY CARRIERS',INC. 'SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HARRISBURG HOSPITAL (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 & ALL RADIOLOGY REPORTS, PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) You may deliver or mail legible copies of.the documents or produce things requested by this subpoena, together with the certificate of earpiiance, 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 carpel l ing you to cmply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom: ROBERT MACMAHON, ESQUIRE ADDRESS:,`, .. t-10ARA AN sin 129 TELEPHONE: ?steiit taw _ _M.AA SUPREME COURT 1 D EN N "` ATTORNEY FOR: tig BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) CpM*A-NWFAI,TH OF PENNSYLVANIA OOUNTY OF (LAND EDWARD & SHERI DRUMHELLER VS TROY GARR & QUALITY CARRIERS,.INC. File No. 07-1 008 .SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MARGARET AMEIGH, MD (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 & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) You may deliver or mail legible copies of the documents or produce things requested by { this subpoena, together with the certificate of carpiiance, 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 (20) days after its service, the party serving this s seek a court order compelling you to camp ly with it. subpoena may y seek s within THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAjvE; ROBERT MACMAHON, ESQUIRE ADDRESS:- &CIA- rInc 1 23 8. 0MAM SLY Slaw - TELEPHONE : MUM K AA !99%409 SUPREME COURT ID ? ATTORNEY FOR:-- lie EN ANT - BY THE COURT : DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) CpNNAIWWFALTH OF PENNSYLVANIA OOUNrY OF COMBBERLhND EDWARD & SHERI DRUMHELLER VS File No. 07-1008 TROY GARR & QUALITY CARRIERS,.INC. `SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 PENNSYLVANIA NEUROLOGICAL ASSOCIATES _ TO: (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 & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST _rBESULTS. EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) You may deliver or mail legible copies of. the documents or produce things requested by this subpoena, together with the certificate of ccupiiance, 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 avert order oompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM; ROBERT MACMAHON, ESQUIRE ADDRESS:&=. TELEPHONE : t ua i d1 h A? nn SUPREME COURT ID IkAg at *Ala 4 ATTORNEY FOR:_ EN AN DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) COMMJNWFALTH OF PENNSYLVANIA COUNTY OF Q24BEZLAM EDWARD & SHERI DRUMHELLER VS Fi le No. 07-1 008 TROY GARR & QUALITY CARRIERS „ INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH HOSPITAL (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 & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST _-_RESULTS, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) 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 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 FOLLCWING PERSON: Nye; ROBERT MACMAHON, ESQUIRE ADDRESS : tkM. AD- In#-- TELEPHONE : k m f i & F* 19109 SUPREME OOURT ID ft-!!d=,& M.A dL . ATTORNEY FOR : ` DEIrENDAN BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 1/97) rr**4WWEADTR OF PENNSYLVANIA ODUNTPY OF COr+>B RRLhM EDWARD & SHERI DRUMHELLER VS TROY GARR & QUALITY CARRIERS,,INC. File No. 07-1 008 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH HOSPITAL (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 & ALL RADIOLOGY REPORTS, PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) 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 compel 1 ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM: ROBERT MACMAHON, ESQUIRE '.. ADDRESS:`Inc 7, 7, TELEPHONE : _ rct? r? iy FA 19i09 IFNI n? nn SUPR£hE COURT ID ATTORNEY FOR : EN fN BY TIE COURT : DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 1/97) -rt a fill SHERIFF'S RETURN - OUT OF COUNTY CAS. NO: 2007-01008 P COMMONWEALTH OF PENNSYLVANIA: -COUNTY OF CUMBERLAND DRUMHELLER EDWARD D ET AL VS GARR TROY S ET AL 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: GARR TROY S but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHAMPTON County, Pennsylvania, to serve the within WRIT OF SUMMONS On March 29th , 2007 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli Dep Northampton Cc 52.00 Sheriff of Cumberland County Postage 1.89 90.89 ? `14HJ41 03/29/2007 COSTOUPOLOS FOSTER & FIELDS Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CA,5E NO: 2007-01008 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DRUMHELLER EDWARD D ET AL VS GARR TROY S ET AL 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 QUALITY CARRIERS INC but was unable to locate Them deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On March 29th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answ ?,,?? Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas K1' e Dep York County 28.82 Sheriff of Cumberland County 00 53.82 y N/byl b? 03/29/2007 COSTOUPOLOS FOSTER & FIELDS Sworn and subscribe to before me this day of A. D. Aet-<_- ORDER FOR SERVICE REQUEST TO BE COMPLETED BY THE REOUESTING ATTORNEY 1.'All information from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property, he or she service can be made, will leave the property without a watchman and in custody of 2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff. the property is under a Sheriffs levy. The Sheriff or 3. When completing location for service, be certain to Deputy is not liable in any way for protecting property. have a valid address or directions. Do not use P.O. 5 . Service will be executed in accordance with Rule 402 and Title Boxes or R.D. - ADDRESSES ONLY. Provide the 6 231, Pennsylvania Rules o Civil Procedure. . The attorney must certify all copies of process. township, if applicable. 7 . Supply a self-addressed stamped envelope for return of service. PLAINTIFF: Edward D. Drumheller DEFENDANT: Troy S. Garr et al SERVE UPON: LOCATION: Troy S. Garr 350 East Prospect Street TYPE OF WRIT: Nazareth, PA 18064 Vr rit of Summons ATTORNEY (NAME, ADDRESS, PHONE) ATTORNEY SIGNATURE: LESLIE M FIELDS ES 717-761-2121 FOR PROTHONOTARY USE ONLY DOCKET NUMBER: LAST DAY FOR SERVICE: FEES PAID: 07-1008 Ma ch 24, 2007 M _, .. J RETURN OF SERVICE (To be completed by Sheriff) iJ ! , ° - IN UAL SERVED: DATE: TIM r r , LOCATI N: (IF DIFFERENT FROM ABOVE) O BOROUGH OF: O CITY OF O TO SHIP OiFG r <z:T' Mt ) y Serv n the following manner: O Other: -' efendant personally served O Not Found O Moved ( ) No Answer O VA*t O Un@. ( ) Adult family member with whom said defendant resides z () Adult in charge of defendant's residence ( ) Manager/Clerk of place of lodging in which defendant resides ( ) Agent or person in charge of defendant's office or usual place of business ( ) Officer of said defendant company ( ) Posted property ( ) Levy on property (Comments) SO ANSWERS: JEFFREY K HAWBECKER SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of Nnrt ba m pl-o l County, BY: To execute and make a return on the above and attached action according to law. 3/l/07 D ut Sheriff Badge # Sheriff of Oftokmm*ow Count Date C(n b berland ACCEP TANCE OF SERVICE I accept service of the on behalf of and certify that I am authorized to do so. (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042-7483 (610) 559-3084 (610) 559-3781 (REAL ESTATE) w. - .. ORDER FOR SERVICE REQUEST TO BE COMPLETED BY THE REQUESTING ATTORNEY 1. All ififormation from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property, he or she service can be made. '"-" ` WIV leave the property without a watchman and in co" lly-vto 2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff. the property is under a Sheriff's levy. The Sheriff or 3. When completing location for service, be certain to Deputy is not liable in any way for protecting property. have a valid address or directions. Do not use P.O. 5. Service will be executed in accordance-with Rule 402 and Title - ADDRESSES ONLY Provide the Boxes or R.D 231, Pennsylvania Rules o Civil Procedure. . . 6. The attorney must certify all copies of process. township, if applicable. 7. Supply a self-addressed stamped envelope for return of service. PLAINTIFF: Edwdrd D. Dr nheller DEFENDANT: Troy S. Garr et a1 SERVE UPON: LOCATION: Tray S. Garr 350 Edst Prospect Street TYPE OF WRIT: Nazareth, PA 18064 ATTORNEY (NAME, ADDRESS, PHONE) ATTORNEY SIGNATURE: LZSEIE P1 k IIE DS F:SC 717-761-2121 FOR PROTHONOTARY USE ONLY DOCKET NUMBER: LAST DAY FOR SERVICE: FEES PAID: 1 t?'7-iC) hk c 1 24 am ? RETURN OF SERVICE (To be completed by Sheriff) Jf?qUAL SERVED: 6 DATE: TIME: 4 i lam'' , LOCATI : (IF DIFFERENT FROM ABOVE) O BOROUGH OF: {) CITY OF O TO , SHIP OF: Serv n the following manner: O Other: efendant personally served O Not Found O Moved ( ) No Answer O Vlan ut ( ) Unknown O Adult family member with whom said defendant resides '*" ( ) Adult in charge of defendant's residence A I ' ( ) Manager/Clerk of place of lodging in which defendant iesidds $ ` () Agent or person In charge of defendant's office or usual place of business ( ) Officer of said defendant company { ) Posted property ( ) Levy on property (Comments) SO ANSWERS: JEFFREY K HAWBECKER SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of Northa=ton County, BY: 4 f To execute and make a return on the above and attached action according to law. // o? 3/1/07 D ut Sheriff Badge # Sheriff of Count ber], c-iT d Date ACCEP TANCE OF SERVICE I accept service of the .. on behalf of ?. and certify that I am authorized to do so. (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042-7483 (610) 559-3084 (610) 559-3781 (REAL ESTATE) COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 r-- wr SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTW CTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Edward D. Drlamheller et al 2 89U13 oWUlwl C1V11 3. DEFENDANT/Sr SERVE AT 7. INDICATE SERVICE 4. IYPE OF WRIT OR COMPLAINT Troy S. Garr et al Writ of Sumlons W 0 S U M 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Quality Carriers Inc 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) 2327 Mt Zion Road York, PA 17402 O PERSONAL O PERSON IN CHARGE DEPUTIZE U CE T. MAIL O 1 ST CLASS MAIL U POSTED -" FM NOW March 1 .20 07 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Wr =e return there cording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF O 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERM 0 F C 0 U N T Y CLmberlanc ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Ctanberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shenlrs sate thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUREL E S L I E M. FIELDS, ESQ. 10. TELEPHONE NUMBER 11. DATE FILED 831 MARKET STREET, LEMOYNE, PA 17043-0222 717-761-2121 212212007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM LPE 13. 1 aclmowledge receipt of the writ 14. DATE RECEIVED 15 x r lH ing Date or complaint as i n d i c a t e d above. M d M C G I L L Y C S O 3/2/2007 13724 j L U U 16. HOW SERVED: PERSONAL ( ) RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 16. WME AND TITLE II?IVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE Relabonship to Defendant) 19. D?to o Service 20 Time of Service 4 1 r' I 1 r i I ?? _ - 21. ATrEMPTSI Date 22. Date I Time I Miles I Int. I Date I`Time I Miles I Int. I Date I Time I Miles I Int I Date [Time Date I Time I Miles I Int 23. Advance Costs $100 00 24. Service osts p 25. N/F 2 ileaa 1 , Z 27 Postage 26. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Glue R ck No . p . r,2 2 -711 U. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mdeage/Postage/Nol Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED 6iQ ?q Jq? 2 SO ANSWERS 42. day of 111 i? 20 43 Tn NOTARY L 44. Signature of Dep. Sheriff -. -..: __. 45. AT _ LISA ! 46. Signature of Ygri 47 DATE CliY - gf - County Shen . MY C f ;: FOR W1 IOSE SHEIRF F 3/12/07 l 3 , s ?. 1 2, 2 09 48 Signature of Foreign County Sheriff 49 DATE U OTHER -- a'-.nv?.n uric 191. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office COUNTY OF VORtC OFFICE OF THE SHERIFF S?R;',I Q,? 45 N. GEORGE ST., YORK PA 17401 SHERIFF SERVICE "STRWTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LN 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFFISI 2 8TFY(I+WJ418ER Edward f). Drumheller et a3 / 1lUUfUJLt3j csvi.l. 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ Troj S. Gdrr et a1 Writ of S13f1T11OnS W O S! 9 M SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD ?l_?ali>ry Carriers Inc J?A?5DESS (STREET OR RFO WITH BOX NUMBER, APT NO , CITY, BORO. TWP , STATE AND ZIP CODE) AT 2327 Mt Zion Rand York, PA 17402 7. INDICATE SERVICE- U PERSONAL U PERSON IN CHARGE EPUTIZE ' CE T L U 1ST CLASS MAIL U POSTED U OTHER 1drC NOW , 20 07 I, SHERIFF OF COUNTY, PA, do hereby deputi York COUNT?Y,ta executtr(thi Ike return thg(e to law. Thls depute ation being made at the request an risk of the plaintiff., _-? SHERIFF OF VOMMOUNr 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SER r?ft OF CrlUrrp Cuniberldnd ? . ADVANCE: FEE PPAID BY CUMBERL AND C'O SIIFRIFiF ' 1 ¢ Please mail return of service to Cumberland County Sheriff. Thank you. sheriff of coding NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE LESLIE M. FIELDS, E S O , 10. TELEPHONE NUMBER 11 DATE FILED 831 MARKET STREET, LEMOYNE, PA 17043-022`1. 717-761-2121 212212007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SFWF - DO NOT WRITE BELOW THIS LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 5 Y n(? g Date or complaint as indicated above. M J M C U I,?..1. Y S 0 312/2007 / ll 16. HOW SERVPERSONAL( ) RESIDENCE (( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) 17, 0 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 1a. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (lationship to Defendant) 19, Dote of Sen i . 21. ATTEMPTS Date Time Miles Ipt. Date Time' I Miles Int. Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. 22. REMARKS: ?.f .r SEE REMARKS BELOW e 20 Time of Service Date Time Miles Int. 23. Advance Costs 24 S icq,CosIs 25 N/F 1$S.M age 27. Postage 28 Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due ar.Relund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mileage/Postage/NotFound 39 Total Costs 40. Costs Due or Refund 41 AFFIRMED and subscribed to before me this SO ANSWERS . 42 day of 20 , _ r-t43 ? ±=. i 1 . .t' ?-?i7 ? , )ic'`•. 44 Signature of Dep. Sheriff 45 DATE !?, ?THY I,NOTARY ` 2, 46. Signature of York 47 DATE -- County Sheriff F 48 Signature of Foreign 49 DATE County Sheriff 6i- JIVI?/11 VRC 51 UA 1 L KLCEIVE0 AUTHORIZED ISSUING;AUTHORITY AND TITLE .1 11 11. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff S Office 4. BLUE - Sheriffs Office x 07-54258 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas EDWARD D. DRUMHELLER AND SHERI L. Cumberland County DRUMHELLER, H/W - VS - TROY S. GARR AND QUALITY CARRIERS, No. 07-1008 INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROBERT D. MACMAHON, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). t ?oa ERT AC I N ESQ DATE: 12/31/2007 4XB Counsel for Defendant Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, HIW CUMBERLAND COUNTY vs. TROY S. GARR AND QUALITY No. 07-1008 CARRIERS, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 Please take notice there has been a request by ROBERT D. MACMAHON, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to EDWARD DRUMHELLER. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: December 10, 2007 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. L 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦ ¦ ¦ • (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER, H/W CCLR File NO. 07-54258 vs. TROY S. GARR AND QUALITY CARRIERS, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 12/7/2007 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTIONS yes 1 no I understand that I may object to the Notice of Records Reproduction Request as Follows, and agree that my failure to do so on this Counsel Return Page shall serve as an agreement that the records reproduction service should proceed with the records collection process. (a) I object to the records reproduction service obtaining the yes / no records without a formal deposition. (b) I object to the records custodian mailing the original documents yes / no to the reproduction service. (c) I object to the records reproduction service taking the records yes / no out of the custody of the Records Custodian. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. Date: Attorney for plaintiff(s) / defendant(s) LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 r COMMjWWEALTH OF PENNMVANIA aX=Y OF CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER, H/W File No. 07-1 008 VS TROY S. GARR AND QUALITY CARRIERS, INC.: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: STATE FARM INSURANCE COMPANY (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 CLAIMS FILES, INCLUDING IEDICAL RECORDS, PIP RECORDS.,AND COLLISON RECORDS, -PERTAINING -1- -- TT TT 1 1 ,RC.ARnTNG POLICY 96554321380; CLAIM #38K906007. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) 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 oompelling you to ccnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM*. ROBERT D. MACMAHON, ESQUIRE ADDRESS: COCLR, Lnc. S. Brand St., Sts I fto TELEPHONE : Ph;lA _ ?e 1 ?1 SUPRE1,E COURT I D # (2-1.51 732-11 ATTORNEY FOR : DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) CONM3 0EALTH OF PENNMVANIA COUNTY OF CUKBERUA-N-D EDWARD D. DRUMHELLER AND SHERI L. )RUMHELLER, H/W INC. : File No. 07-1008 CROY S. GARR AND QUALITY CARRIERS, SUBPOENA TO PRODUCE DOCLtENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: TRAVELERS INSURANCE CO. (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 CLAIMS FILES, INCLUDING EDICAL RECORDS, PERTAINING TO AN ACC , , ? S ORMATIGN-tiONTAINED iN F11.F REGhRDING MAIM 923OT1026, .NY WRfTTEN !N at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnp l i ance, to the party making th i s 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 oompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: MAW: ROBERT D. MACMAHON, ESQUIRE 4DDRESS: COURT Inc. _ IBS S, Braeel St., Std 190 TELEPHONE: Phila__ PA 19109 3UPRBE OOURT 1D # (2151 722-117'l UTTORNEY FOR: DEFENDANT BY THE COURT: Prothonotary/Clerk, Civil Division SATE : Seal of the Court Deputy (Eff. 1/97) Cu w 'r. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas EDWARD D. DRUMHELLER AND SHERI L. Cumberland County DRUMHELLER .VS TROY S. GARR AND QUALITY CARRIERS, No. 07-1008 INC. 07-5625B As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROBERT D. MACMAHON, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 1/14/2008 ART D A O&W?IRE Counsel for Defendant i s Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 =- (215)732-1177 fax (215)732-5637 Online Services www.ccirinc.com EDWARD D. DRUMHELLER AND IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER CUMBERLAND COUNTY vs. TROY S. GARR AND QUALITY No. 07-1008 CARRIERS, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 Please take notice there has been a request by ROBERT D. MACMAHON, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to EDWARD DRUMHELLER, Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: December 24, 2007 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ^, (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND CCLR File NO. 07-5625B SHERI L. DRUMHELLER vs. TROY S. GARR AND QUALITY CARRIERS, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 12/21/2007 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes/no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTIONS yes / no I understand that I may object to the Notice of Records Reproduction Request as Follows, and agree that my failure to do so on this Counsel Return Page shall serve as an agreement that the records reproduction service should proceed with the records collection process. (a) I object to the records reproduction service obtaining the yes / no records without a formal deposition. (b) I object to the records custodian mailing the origin:31 documents yes / no to the reproduction service. (c) I object to the records reproduction service taking the records yes / no out of the custody of the Records Custodian. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. Date: Attorney for plaintiff(s) / defendant(s) LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 OOMMIONWFALTH OF PENNSYLVANIA COUNTY OF CUMBERIAND EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER VS File No. 07-1 008 TROY S. GARR AND QUALITY CARRIERS, INC.: SUBPOENA TO PRODUCE ppC(?ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH HOSPITAL (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 FILMS OF TEH BACK, MRI' S, CAT;.:SCANS, X-RAYS, INCLUDING RADIOLOGY REPORTS, ETC., PERTAINING TO EDWARD at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or this subpoena, together. with the certificate of produce things requested by ccr "ance, to the making thi request at the address listed above. You have the right to seek in dvance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or thi (20) days after its service the n9s required by this subpoena within twenty ompelling you to Party serving this subpoena may seek a court order comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA,pE: ROBERT D. MACMAHON, ESQUIRE ADDRESS: CUR, Inc. 123 S. Broad St.. Ste. 19?0 TELEPHONE:- Ph10>al pe 19109 SUPREM COURT I0 (?y Sl 77 ATTORNEY FOR: DEFENDANT BY THE OOURT: DATE: Seal of the court Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ?-?, t= r?-?, ?; c" -r? ? e. ? ry ?. ? ? '{?,{ ^„? (O3 M ':? 6E9 ` r.y., ? ?i ? 08-1725R/B CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas EDWARD D. DRUMHELLER AND SHERI L. Cumberland County DRUMHELLER, H/W - VS TROY S. GARR AND QUALITY CARRIERS, No. 07-1008 INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROBERT D. MACMAHON, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 3/10/2008 .`IGIHAI%?4, ESg RE Counsel for Defendant Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 0 0 0 0- (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, H/W CUMBERLAND COUNTY vs. TROY S. GARR AND QUALITY No. 07-1008 CARRIERS, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 Please take notice there has been a request by ROBERT D. MACMAHON, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to EDWARD DRUMHELLER Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 19, 2008 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page , Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_! (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND CCLR File NO. 08-1725R/B SHERI L. DRUMHELLER, H/W vs. TROY S. GARR AND QUALITY CARRIERS, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/17/2008 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. (3) (4) Date: OBJECTIONS I understand that I may object to the Notice of Records Reproduction Request as Follows, and agree that my failure to do so on this Counsel Return Page shall serve as an agreement that the records reproduction service should proceed with the records collection process. yes / no yes / no (a) I object to the records reproduction service obtaining the yes / no records without a formal deposition. (b) I object to the records custodian mailing the original documents to the reproduction service. (c) I object to the records reproduction service taking the records out of the custody of the Records Custodian. I would like to look at the records at a Center City location before deciding whether to order a copy. yes / no yes / no yes / no Attorney for plaintiff(s) / defendant(s) LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 00*DNWFALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER, H/W • Fi le No. 07-1008 VS TROY S. GARR AND QUALITY CARRIERS, INC. SUBPOENA TO PRODUCE DOCI?ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ASSOCIATED CARDIOLOGIST, PC (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 MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARI , S, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or this subpoena, together. with the cent i f i cate of P'°du? ? i ngs requested by 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 thi (20) days after its service the n9s required by this subpoena within twenty coupelling you to party serving this subpoena may seek a court order comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT D. MACMAHON, ESQUIRE ADDRESS: A Own Aft- TELEPHONE: - ., Ste 1920 109 SUPREME COURT ID ATTORNEY FOR: DEFENDA = 77 BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) OF PENNSYLVANIA COUNIPY OF CUMBER AND EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER, H/W • File No. 07-1008 VS TROY S. GARR AND QUALITY .CARRIERS, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: HARRISBURG INVERVENTIONAL PAIN (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 MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS S, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMH L at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or this subpoena, Produce things together with the certificate of calpliance, to the party requested by request at the address listed above. You have the right to seek in advance therereain this sonable cost of preparing the copies or producing the things sought. If you fail to Produce the documents or thi (20) days after its service the ngs required by this subpoena within twenty compelling you to party serving this subpoena may seek oomp]y with it. a court order THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT.D. MACMAHON, ESQUIRE ADDRESS: TELL: ., Ste 1920 SUPREME COURT I D # - 109 ATTORNEY FOR: DEFENDA BY THE OOURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) OF PENNSYLVANIA OOUNPY OF CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER, H/W VS File No. 07-1008 TROY S. GARR AND QUALITY,CARRIERS, INC. SUBPOENA TO PROD M DOCLIhENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HEALTHSOUTH REHAB OF MECHANICSBURG (Name of Person or Entity) ' Within twenty (20) days after service of this subpoena, You are ordered by the count to Produce the following documents or things: ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS;REPORTS, DOCTORS NOTES, CHARTS, SUM R[ARI;S, TEST ESULTS, EVALUATIONS, ETC., PERTAINING TO EDWARD DRUMHELL . at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the doclnmts or this subpoena. together with the certificate of Price things requested by ccnpliance, party request at the address listed above. You have the rig cost of prepari le ht to seek in to the ing advance therereasonab ng the copies or producing the things sought. If you fail to produce the documents or thi (20) days after its service, the part or required by this subpoena within twenty carpe 1 i ing you to conP 1 y with it. erv y n9 this subpoena may seek a court order THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT D. MACMAHON, ESQUIRE ADDRESS: ., Ste 1920 TELEPHONE: 109 SUPREME COURT ID ATTORNEY FOR; DEFENDA 77 BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) OOMM NWFALTH OF PENNSYLVANIA COUNTY OF-CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER, H/W VS TROY S. INC. • File No. 07-1008 GARR AND QUALITY CARRIERS, SUE3POEN,A TO oorvv CE DOCUMENTS OR TH I NGS FOR DISOONERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL - MEDICAL (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 MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOC N 6, UM RIE S, EVALUATIONS, ETC., PERTAINING.'TO EDWARD DRUM at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the docx ments or produ this subpoena, together with the certificate of see ? things rec?estetd by his 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 thi (20) days after its service, the part fs required by this subpoena within twenty compelling you to comply with it. y serving this subpoena may seek a court order THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FO LOWIW PERSON: NAME: ROBERT.D. MACMAHON, ESQUIRE ADDRESS: • . ., ate 1920 TELEPHONE: SUPREME vouRr ID # Phft--jP"109 ATTORNEY FOR: DEFENDA 117 BY THE COURT: DATE; - Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) COMM3NWEAM OF PENNSYLVANIA COUNTY OF CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER, H/W - • File No. 07-1008 VS TROY S. GARR AND QUALITY :CARRIERS, INC. `'SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR D I &OOVERY PL12SUAN1' TO RULE 4009.22 TO: HOLY SPIRIT HOSPITAL -RADIOLOGY (Name of Person or Entity Within twenty (20) days after service of this s Vi Produce the a, You are ordered by the court to following doc ummts or things: ANY AND ALL RADIOLOGY REPORTS PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the cnp l i or produce things requested by thiusest ?, together with the pert i f i cate of doaxnents reance q at the address listed above. You have the right to seek ? i to the Party the=king this cost of Preparing the Copies or producing the things sought. reasonable l f You fail to Produce the docxments or th i (20) days after its service, the part er required by this subpoena within twenty compelling you to oomply with it. Y serving this subpoena may seek a court order THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT.D. MACMAHON, ESQUIRE ADDRESS: • TELEPHONE: •? Ste 1920 • • 109 SUPREME COURT ID # ATTORNEY FOR : DEFENDA H77 BY THE COURT: DATE: Seal of the Court Prothonotary/C 1 ? Ci v i 1 Division Deputy (Eff. 7/97) CONPCNWEALTH OF PENNSYLVANIA ODUN TY OF QUA EDWARD D. DRUMHELLER AND SHERI L. ' DRUMHELLER, H/W • Fi le No. 07-1008 VS TROY S. GARR AND QUALITY ,CARRIERS, INC. `"SUBPOENA TO PRODUCE DOOITJENTS OR TH1NOS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INST. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, Produce the followi? da?CCfileh ,.1,,cune?tS Or th ingS: r ANY AND ALL MEDICAL RECORDS, ordered REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST g EVALUATIONS, ETC., PERTAINING TO EDWAR at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the doct"ents Or this subpoena, together with the certificate of ?Oe things requested by request at the address listed above. You have the righompliance, to the party t to seek in advance theireasonable ng the copies or producing the things sought. If you fail to produce the domn-ents or thi (20) days after its service, the part s required by this subpoena within twenty eompe l l ing You to cmP 1 Y with it. y serving i this subpoena May seek a court order THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT_D. MACMAHON, ESQUIRE ADDRESS: TELEPHONE: ., Ste 1920 109 .SUPREME COURT ID # ATTORNEY FOR: DEFENDAIt 77 BY THE COURT: DATE : Prothonotary/Clerk , Ci v i 1 Division Seal of the Oourt Deputy (Eff. 7/97) c? ? p r= r N ? La ? ..,C s , 08-2039R/B CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas EDWARD D. DRUMHELLER AND SHERI L. Cumberland County DRUMHELLER, H/W _VS - TROY S. GARR AND QUALITY CARRIERS, No. 07-1008 INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROBERT D. MACMAHON, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notii,e of intent to server the subpoena(s). DATE: 4/1/2008 R 9B D. C A, SQ11I1;? Counsel for Defendant .. Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 CCLR ¦? (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, H/W CUMBERLAND COUNTY VS. TROY S. GARR AND QUALITY No. 07-1008 CARRIERS, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 Please take notice there has been a request by ROBERT D. MACMAHON, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to EDWARD DRUMHELLER. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like-to order a copy of the records and whether-you have-any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 12, 2008 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page 1¦ Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 '_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND CCLR File NO. 08-2039R/B SHERI L. DRUMHELLER, H/W vs. TROY S. GARR AND QUALITY CARRIERS, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/7/2008 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTIONS yes / no I understand that I may object to the Notice of Records Reproduction Request as Follows, and agree that my failure to do so on this Counsel Return Page shall serve as an agreement that the records reproduction service should proceed with the records collection process. (a) I object to the records reproduction service obtaining the yes / no records without a formal deposition. (b) I object to the records custodian mailing the original documents yes / no to the reproduction service. (c) I object to the records reproduction service taking the records yes / no out of the custody of the Records Custodian. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. Date: Attorney for plaintiff(s) / defendant(s) LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 CU44WoMLTH OF PERISYLVANIA COUNPY OF CUMBERLAND EDWARD D. DRUMHELLER AND`SHERI L. DRUMHELLER, H/W VS TROY S. GARR AND QTIAT,TTY CARR TFRS , INC.: SUBPOENA TO PRODUCE DOCIIIJENTS OR THINGS FOR DIS001VERY PURSUANT TO RULE 4009.22 TO: BUREAU OF WORKERS COMPENSATION = 4 (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 CLAIM RECORDS, REPORTS, DOCUMENTS, ANY WRITTEN INFORMATION PERTAINING TO EDWARD . at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) You may deliver or mail legible copies of. the docunents 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compel 1 ing you to omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom: ROBERT D. MACMAHON, ESQUIRE ADDRESS: CCL R7 inc --123 S. BFGad - ., Ste 1920 TELEPHONE: Ph PA 19109 - - so- SUPREhE COURT ID # ATTORNEY FOR: DEFE ?._ BY THE OOURT : DATE: File No. 07-1 008 Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 1/9T) (xvA4-*rAMLTH OF PENNSYLVANIA COUNTY OF CUMBERUM EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W File No. VS TROY S. GARR AND QUALITY CARRIERS, INC.: 07-1008 'SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0:.C0NFORTI PHYSICAL THERAPY (Name of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY AND ALL MEDICAL RECORDS, REPORTS, 6UMMARIES, TEST OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, RESULTS, EVALUATIONS, ETC. PETAINING TO EDWARD . at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of cmp i i ance , to the party making th i s 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 doaments 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 omply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAh£: ROBERT D. MACMAHON, ESQUIRE ADDRESS: - i R., Inc. - 123 S. 1920 TELEPHOW-: PA 19109 - SUPREME COURT ID #--'?'? • 132-11,771- ATTORNEY FOR: DEFENUAI BY ThE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) COMM3NWFALTH OF PENNSYLVANIA Court OF CUMBERLAND EDWARD D. DRUMHELLER AND"SHERI . L. DRUMHELLER, H/W File No. VS ' TROY S. GARR AND QUALITY CARRIERS, INC.: 07-1008 SUBPOENA TO PRODUCE DOCtJ1ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: DR. JOHN PIKULAN (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 MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, RESULTS, EVALUATIONS, ETC., PERTAINING TO.EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) 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 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: NAM; ROBERT D. MACMAHON, ESQUIRE ADDRESS: CCI R. Inc 123 S. Broad - ., 1920 TELEPHONE: Phla., PA 19109 - SUPM3 E COURT ID # 0:0.4 r-11 _ ATTORNEY FOR.. DEFE BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/9T) COMMONWEALTH OF PENNSYLVANIA COUNPY OF CUMBERU%M EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W - File No. 07-1008 VS TROY S. GARR AND QUALITY CARRIERS, INC.: ``SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR OISOOVERY PURSUANT TO RULE 4009.22 To:. DRlaLYLE ANDERSTON (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the c^t to produce the following documents or things: ANY AND ALL MEDICAL RECORDS, REPORTS, CHARTS TEST OFFICE NOTES, PROGRESS REPORTS, DOCTORS , ' SUMMARIES, RESULTS, EVALUATIONS, ETC., PERTAIN at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccnpiianoe, 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 oompellins you to camnly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME.. ROBERT D. MACMAHON, ESQUIRE ADDRESS: 123 S. Broad - ., Ste-1920 TELEPHONE: P A 19109 SUPREhE COURT 10 # ?? ATTORNEY FOR.. DEFE _ BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) CommoNWFALTH OF PENNSYLVANIA OOUNTPY OF CUMBERLAND EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W . File No. 07-1 008 VS TROY S. GARR AND QUALITY CARRTFRS, INC.: `SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: KATZ, BENNETT, LEVIN (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 MEDICAL RECORDS, REPORTS, OFFICE NOTES PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMKAxlr?b, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO EDWARD . at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) 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 ca, el l ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT D. MACMAHON, ESQUIRE ADDRESS: 123 - S. Broad ., 1920 TELEPHONE: • SUPRB E COURT ID t? ATTORNEY FOR: DEFE BY THE COURT: DATE: Prothowtary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) rr#44-NWEALTH OF PEltiSYLVANIA COUNTY OF a)MBERLAND EDWARD D. DRUMHELLER AND SHERI L. DRUMHELLER, H/W VS TROY S. GARR AND QUALITY CARRIERS, File No. 07-1008 INC: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: PENN REHAB ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are or -e! %% t to produce the following documents or things: ANY AND ALL MEDICAL REC RD OFFICE NOTES, PROGRESS REPORTS, DOCTORS--NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC. PERTAINING TO EDWARD . at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) 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 oa, elling you to oamply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom.. ROBERT D. MACMAHON, ESQUIRE ADDRESS: - 123 S. Brea ., Ste 192.0 TELEPHONE : • SUPREME COURT 10 # •I ATTORNEY FOR: DEFEMARY BY THE ODURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) CpE410NWFALLTH OF PENNSYLVANIA OOUNff OF CUNBERIAND EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W File No. 07-1008 VS TROY S. GARR AND QUALITY CARRIERSr INC.; 'SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOONERY PURSUANT TO RULE 4009.22 TO: PENNSYLVANIA MRI ASSOCIATES (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 FILMS, MRI"S, CAT SCANS, X-RAYS, INCLUDING RADIOLOGY REPORTS, ETC. PERTAINING DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) You may deliver or mail legible copies of.the documents or produce things requested by this subpoena, together with the certificate of oompiiance, 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: ROBERT D. MACMAHON, ESQUIRE ADDRESS: 123 S. Broad - ., 192.0 TELEPHONE: • PA 19109 - ?? SUPREME COURT IO # 90-4 r1% ATTORNEY FOR: DEFE __ DATE: Seal of the Court BY THE COURT -. Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) rr*4W N gM.TH OF PENNSYLVANIA COUNPY OF CUM8EPJAM EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W File No. 07-1008 VS TROY S. GARR AND QUALITY CARRIERS, INC.: SUBPOENA TO PRODUCE DOCUMENTS OR THiNGs FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH HOSPITAL - MEDICAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or things: ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES,TEST RESULTS, EVALUATIONS, ETC. PERTAINING TO . at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) You may deliver or mail legible oopies of. the documents or produce things requested by th i s subpoena, together with the certificate of carpi i ance, to the party making th i s 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 may seek a court order carpe l i ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom: ROBERT D. MACMAHON, ESQUIRE ADDRESS: 123 S. Broad - ., Ste-1920 TELEPIiONE : • ., PA 19109 SUPR8 E OOURT 10 # ATTORNEY FOR: DEFEJ&hT ?32-11.77 DATE: Seal of the court BY THE COURT: Prothonotary/Clerk, civil Division Deputy (Eff. 1/97) COK43NWFALTH OF PENNSYLVANIA COUNPY OF C R4BERU PID EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W . File No. 07-1008 VS - TROY S. GARR AND QUALITY CARRIERS, INC: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH HOSPITAL - RADIOLOGY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY AND ALL RADIOLOGY REPORTS PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) 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 oMder oo npel l ing you to caTply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT D. MACMAHON, ESQUIRE ADDRESS: f'`-p-i R7 ine - . ., 1920 TELEPHONE: • PA 19109 - SUPREME COURT 1D # ?' _ ATTORNEY FOR: DEFE BY THE COURT: DATE: Seat of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) (YV4TA-VJWFAT.TH OF PENNSYLVANIA COUNTY OF CUMBERLAND EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W File No. 07-1 008 VS TROY S. GARR AND QUALITY CARRIERS, INC.: SUBPOENA TO PRODUCE DoaPy TS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: POLYCLINIC HOSPITAL/PINNACLE HEALTH - MEDICAL (Name of Person or Entity) - Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things:ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMAIRIB5, TEST RESULTS EVALUATIONS, ETC., PERTAINING TO EDWARD DRUM . at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) z You may deliver or mail legible copies of the docunwkts or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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 twenty (20) days after its service, the party serving this subpoena may seek seeek k a a court Order carpelli ng you to onmply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom: ROBERT D. MACMAHON, ESQUIRE ADDRESS:_ (-ni Inc 123 S. BF.ead - ., 1920 TELEPHONE: • PA 191-09 - -? _ SUPF031E COURT (D #- fea.4 R-% =gjft- A.& meow ATTORNEY FOR: DEFENISA ' BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) • ' rrwm LTH OF PELF RMVANIA OOUNPY OF CUMBERLAND EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W File No. VS TROY S. GARR AND QUALITY CARRIERS, INC.: 07-1008 "SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: POLYCLINIC HOSPITAL/PINNACLE HEALTH - RADIOLOGY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowing doc ments or things: ANY-: AND ALL RADIOLOGY REPORTS PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) 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: ROBERT D. MACMAHON, ESQUIRE ADDRESS: C-r-iRr inc¦ - 123 S. BrIoad St, 1920 TELEPHONE: • PA 19109 - SUPREME COURT ID #? ?' _ ATTORNEY FOR: DEFEj&W- 73211.77-- BY THE COURT: DATE: Prothonotary clerk, Civil Division Seal of the Court Deputy (Eff. T/97) aM40NWEALTH OF PENNSYLVANIA OOUNrY OF CUMBERLAND EDWARD D. DRUMHELLER AND"SHERI L. DRUMHELLER, H/W VS File No. 07-1008 TROY S. GARR AND QUALITY CARRIERS, INC.: "SUBPOENA TO PRODUCE DOCu Ews OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO; WALMER AND GILBERT ASSOCIATES: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowing documents or things: ANY AND ALL MEDICAL RECORDS, REPORTS OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, 5UMM"TE8, TEST RESULTS, EVALUATIONS, ETC. PERTAINING - at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) You may deliver or mail legible copies of. the documents or produce things requested by this subpoena, together with the certificate of caTpiiance, 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 compel Iing you to oat ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. ROBERT D. MACMAHON, ESQUIRE ADDRESS: CC' R, inc. 123 S. Bread - ., 1920 TELEP}gNE : - PA 19109 - SUPRE?E OOURT ID # '? ATTORNEY FOR: DEFE 6Y THE COURT: DATE: Prothonotary/Clerk, civil Division Seal of the court Deputy (Eff. 7/9T) CU44XMEALTH OF PENNSYLVANIA CU(JNTY OF CUMBERLAND EDWARD D. DRUMHELLER AND`SHERI L. DRUMHELLER, H/W File No. 07-1008 VS . TROY S. GARR AND QUALITY CARRIERS, INC.: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WILLOW MILL FAMILY HEALTH (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 MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMAXIBb, TEST RESULTS, EVALUATIONS, ETC., PERTAINING To EDWARD DRUMHBLDER. at CENTER CITY LEGAL REPRODUCTIONS, INC,. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of campiiance, 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 (20) days after its service, the party serving this s within twenty compelling subpoena may y seek k a a court order you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAh£• ROBERT D. MACMAHON, ESQUIRE ADDRESS: ('-f"' R ine. 123 S.. . ., l awn %F%A% TELEPHONE: SUM 3-V COURT 10 # • 73"- VT- ATTORNEY FOR: DEFE BY THE COURT: DATE: Seat of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) C? IrD i. 08-3519R/B CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas EDWARD D. DRUMHELLER AND SHERI L. Cumberland County DRUMHELLER, H/W - VS - TROY S. GARR AND QUALITY CARRIERS, No. 07-1008 INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROBERT D. MACMAHON, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 6/26/2008 +C I &?RkTOM@6 UU, S U J'fRE Counsel for Defendant .': Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, H/W CUMBERLAND COUNTY vs. TROY S. GARR AND QUALITY No. 07-1008 CARRIERS, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 Please take notice there has been a request by ROBERT D. MACMAHON, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to EDWARD DRUMHELLER. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: June 6, 2008 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page dills `i¦ Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com EDWARD D. DRUMHELLER AND CCLR File NO. 08-3519R/B SHERI L. DRUMHELLER, H/W vs. TROY S. GARR AND QUALITY CARRIERS, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 6/4/2008 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES (2) 1 would like copies of X-Rays sent to me. I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (3) (4) Date: OBJECTIONS I understand that I may object to the Notice of Records Reproduction Request as Follows, and agree that my failure to do so on this Counsel Return Page shall serve as an agreement that the records reproduction service should proceed with the records collection process. yes / no yes / no yes / no (a) I object to the records reproduction service obtaining the yes / no records without a formal deposition. (b) i object to the records custodian mailing tho or.ginal docurnents to the reproduction service. (c) I object to the records reproduction service taking the records out of the custody of the Records Custodian. I would like to look at the records at a Center City location before deciding whether to order a copy. Attorney for plaintiff(s) / defendant(s) LESLIE M. FIELDS, ESQUIRE COSTOPOULOS, FOSTER & FIELDS 831 MARKET STREET PO BOX 222 LEMOYNE, PA 17043 yes / no yes / no yes / no COMMONWEALTH OF PENNSYLVANIA COUNTY OF C124BERIAM EDWARD D. DRUMHELLER AND SHERI L.: DRUMHELLER, H/W 07-1008 File No. VS TROY S. GARR AND QUALITY CARRIERS, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: BARRY B. MOORE, MD 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 FILMS ***PLEASE PROVIDE LIST OF FILMS FIRST***, MRI'S, CAT SCANS, X-RAYS, INCLUDING RADIOLOGY REPORTS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC_ (Address) 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 canpe l l i ng you to omp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM: ROBERT D. MACMAHON, ESQUIRE ADDRESS: CC LR. Inc. 123 S. Broad St-l= Ste 1 g20 TELEPHOW: Phila-, PA =9 SUPREME COURT ID # 7z i 477 ATTORNEY FOR : DEFEND NT BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) CommDNWEALTH OF PENNSYLVANIA CORM OF CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L.: DRUMHELLER, H/W 07-1008 File No. VS TROY S. GARR AND QUALITY CARRIERS, INC. `SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PA OPEN MRI 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 FILMS **PLEASE PROVIDE LIST OF FILMS FIRST**, MRI'S, CAT SCANS, X-RAYS, ETC. INCLUDING RADIOLOGY REPORTS, PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS. INC_ (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpi i ance, to the party making th i s 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 carpel 1 ing you to oanply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT D. MACMAHON, ESQUIRE ADDRESS: CCLR, Inc. 123 S. Broad St_ Ste 192 TELEPHOW: _ Phifa1 .-.PA- -Q1 . SUPREME OOURT 1D # 32 "77 ATTORNEY FOR: DEFEND NT BY THE COURT: _ Prothonotary/Clerk, Civil Division DATE : Seal of the Court Deputy (Eff. 7/97) . CDM43NWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L.: DRUMHELLER, H/W 07-1008 File No. VS TROY S. GARR AND QUALITY CARRIERS, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR OISOOVERY PURSUANT TO RULE 4009.22 TO: MAGNETIC IMAGING CENTER (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 FILMS **PLEASE PROVIDE LIST -OF FILMS FIRST, MRI'S, CAT SCANS, X-RAYS, ETC-, PERTAINING TO EDWARD . INCLUDING RADIOLOGY REPORTS. at CENTER CITY LEGAL REPRODUCTIONS, INC- (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ompliance, 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 oonpel i ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NXIE: ROBERT D. MACMAHON, ESQUIRE ADDRESS: CCLR, Inc. _ 123 S. Broad St T Ste 192 TELEPHONE: Phola-i PA- 19109 SUPREtrE QOURT to # 19-1 ATTORNEY FOR. DEFEND NT BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 1/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L.: DRUMHELLER, H/W 07-1008 File No. VS - TROY S. GARR AND QUALITY CARRIERS, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: SMITH RADIOLOGY (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 FILMS **PLEASE PROVIDE LIST OF FTT.MS FTRgT**, MuT'S. CAT SCANS, X-RAYS, INCLUDING RADIOLOGY REPORTS, ETC., PERTAINING TO EDWARD DRUMHELLER. at CENTER CITY LEGAL REPRODUCTIONS, INC_ (Address ) You may deliver or mail legible copies of. the documents or produce things requested by this subpoena, together with the certificate of omp l i ance, to the party making th i s 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 oompelling you to oomply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT D. MACMAHON, ESQUIRE ADDRESS: CCLR, Inc. _ 123 S. BroadSt__• Ste 1920 TELEPHONE: phila TPA 14109 SUPRB-E COURT ID # Fil 7 ATTORNEY FOR: DEFEND NT BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 1/97) COvu?E?ILTH OF PENNSYLVANIA COUIM OF CUMBERLAND EDWARD D. DRUMHELLER AND SHERI L.: DRUMHELLER, H/W 07-1008 File No. VS - TROY S. GARR AND QUALITY CARRIERS, INC. SUBPOENA TO PRODUCE OOaJV1ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: WASHINGTON HEIGHTS MEDICAL. PRACTICE T (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 MEDICAL RECORDS, FILMS **PURALSE PROVIDE LIST OF FILMS FIRST**, MRT' ? CAT SCANS, X-RAYS, TN("T.T1nTNC_ RADIOLOGY REPORTS, ETC., PERTATNTNr. Tn EDWARD DRUMHELLER at CENTER CITY LEGAL REPRODUCTIONS, TNC (Address) You may deliver or mail legible copies of.the documents or produce things requested by this subpoena, together with the certificate of carp i iance, to the party making th i s 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 requ i red by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order carpe l l ing you to coup 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF Tw FOLLOWING PERSON: NAME: ROBERT D. MACMAHON, ESQUIRE ADDRESS: C+C+LR, Inc. 123 S. Sroad St__ Ste 192 TELEPHONE: Phola- ? 19-1-09 . SUPREME COURT ID # 7 ATTORNEY FOR: -__DEFEND NT BY THE COURT: Prothonotary/clerk, civil Division DATE: Seal of the Court Deputy (Eff. 1/97) C-0 G WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 DEFENDANTS' MOTION TO COMPEL PLAINTIFF'S ATTENDANCE AT VOCATIONAL EXAMINATION BY JASEN WALKER, Ed.D., C.R.C.. C.C.M. Defendants, Troy S. Garr and Quality Carriers, Inc., by and through their counsel, Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP hereby file this Motion to Compel and in support thereof avers as follows: 1. This cause of action arises from an alleged motor vehicle accident which occurred on June 29, 2006. 2. Plaintiff initiated this law suit by filing a Praecipe for Writ of Summons on February 22, 2007 and the Complaint on April 25, 2007. (True and correct copies of Plaintiffs' Praecipe for Writ of Summons and Complaint are attached hereto as Exhibit "All 3. Plaintiff Edward Drumheller alleges, inter alia, to have sustained severe injuries as well as impairment of his earning capacity as a result of this alleged accident. 4. On May 21, 2008, Defendants sent Plaintiff a notice to appear for a vocational examination with Jasen M. Walker, Ed.D., C.R.C., C.C.M. on August 25, 2008 at the Radisson Penn Harris Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011. (A true and correct copy of Defendants' 5/21/08 correspondence to Plaintiffs counsel is attached hereto as Exhibit "B"). 5. On or about August 18, 2008, Plaintiffs counsel advised defense counsel via email that she wished to videotape the vocational exam scheduled for August 25, 2008. (A true and correct copy of Plaintiffs 8/18/08 email to defense counsel is attached hereto as Exhibit "C"). 6. On August 19, 2008, Elizabeth Hill, a paralegal from defense counsel's office, advised Plaintiffs counsel over the telephone that Dr. Walker needed to reschedule the August 25th vocational exam and gave Plaintiff the option of choosing between alternative openings on September 16, 2008 and September 22, 2008. (A true and correct copy of Ms. Hill's 8/19/08 correspondence to Plaintiffs' counsel is attached hereto as Exhibit "D"). 7. Plaintiffs counsel was also advised that Dr. Walker had no objection to making an audio recording of the interview portion of the exam. However, he would not allow anyone other than Plaintiff in the room during the testing phase of the exam. (Exhibit "D"). 8. Plaintiff's counsel was also made aware during this telephone conversation that Dr. Walker would not allow any videotaping of the exam. (Exhibit "UP 2 9. Plaintiff did not choose a new exam date before Defendants learned from Dr. Walker's office that the alternative date of September 16, 2008 was no longer available. 10. Defendants therefore rescheduled the vocational exam with Dr. Walker to take place on September 22, 2008, the only other available date. (A true and correct copy of Defendants' 8/28/08 correspondence to Plaintiffs counsel, which is erroneously dated 8/22/08, is attached hereto as Exhibit "E"). 11. Defendants anticipate that the Plaintiff will cancel the aforesaid appointment if his counsel is not allowed to videotape or, at the very least, record the entire vocational exam. 12. Dr. Walker will not allow any videotaping of the vocational exam. 13. Dr. Walker will not allow the testing portion of the vocational exam to be recorded. 14. Without the aforesaid vocational evaluation of the Plaintiff, Defendants will be prejudiced in their ability to form a defense and proceed to trial. 15. Therefore Defendants have filed this motion to force the Plaintiff to attend the vocational examination with Dr. Walker. 3 WHEREFORE, Defendants, Troy S. Garr and Quality Carriers, Inc., respectfully request that this Honorable Court enter an Order in the form attached, compelling Plaintiff Edward Drumheller to appear for a vocational examination with Jasen M. Walker, Ed.D., C.R.C., C.C.M. on August 25, 2008 at the Radisson Penn Harris Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. BY: Robert D. MacMahon, Esquire Attorney for Defendants Date: 44 4 Oct Will CL- rn !a: I a c3 . c.x WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF'S ATTENDANCE AT VOCATIONAL EXAMINATION BY JASEN WALKER, Ed.D., C.R.C., C.C.M. 1. FACTUAL BACKGROUND This cause of action arises from an alleged motor vehicle accident which occurred on June 29, 2006. Plaintiff Edward Drumheller alleges, inter alia, to have sustained severe injuries as well as impairment of his earning capacity as a result of this alleged accident. On May 21, 2008, Defendants sent Plaintiff a notice to appear for a vocational examination with Jasen M. Walker, Ed.D., C.R.C., C.C.M. on August 25, 2008 at the Radisson Penn Harris Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011. On or about August 18, 2008, Plaintiffs counsel advised defense counsel via email that she wished to videotape the vocational exam scheduled for August 25, 2008. On August 19, 2008, a paralegal from defense counsel' office advised Plaintiffs counsel over the telephone that Dr. Walker needed to reschedule the August 25th vocational exam and gave Plaintiff the option of choosing between alternative openings on September 16, 2008 and September 22, 2008. Plaintiffs counsel was also advised that Dr. Walker had no objection to the audio recording of the interview portion of the exam. However, he would not allow anyone other than Plaintiff in the room during the testing phase of the exam. Plaintiffs counsel was also made aware during this telephone conversation that Dr. Walker refuses to allow any videotaping to take place. Plaintiff did not choose a new exam date before Defendants learned from Dr. Walker's office that the alternative date of September 16, 2008 was no longer available. Defendants therefore rescheduled the vocational exam with Dr. Walker to take place on September 22, 2008, the only other available date. Defendants anticipate that the Plaintiff will cancel the aforesaid appointment if his counsel is not allowed to videotape or, at the very least, record the entire vocational exam. Dr. Walker will not allow any videotaping of the vocational exam. Dr. Walker will not allow the testing portion of the exam to be recorded. Without the aforesaid vocational evaluation of the Plaintiff, Defendants will be prejudiced in their ability to form a defense and proceed to trial. Therefore Defendants have filed this motion to force the Plaintiff to attend the vocational examination with Dr. Walker. II. QUESTIONS PRESENTED Does a party who is scheduled to attend a vocational examination have the right to videotape his or her examination under Rule 4010? Answer: No. 2 Does said party have a right to make a stenographic or audio recording of all aspects of his vocational examination under Rule 4010? Answer: No III. LEGAL ARGUMENT "When the earning capacity of a party ... is in controversy, the court in which the action is pending may order the party to submit to an evaluation by a suitably licensed or certified evaluator ..." subject to the provisions of Rule 4010(a)(3) through (b)(3). Pa.R.C.P. 4010.1(a) and Pa.R.C.P. 4010.1(b). The party being examined has the right to have counsel or other representative present during the exam. Pa.R.C.P. 4010(a)(4)(i). That party may also "have made upon reasonable notice and at the party's expense a stenographic or audio recording of the examination." Pa.R.C.P. 4010(a)(5)(i) (emphasis added). This Court, however, has found that the language of Rule 4010(a)(5)(i) does not extend to include videotaping. See Fetchen v. Kelly Run Sanitation, 1998 Pa. Dist. & Cnty. Dec. LEXIS 126; 39 Pa.D.&C.4th 299 (1998) (Allegheny Co.) (court precluded plaintiffs counsel from videotaping an upcoming independent medical examination with an orthopedic surgeon which was scheduled to take place after a neuropsychological examination that was videotaped). Since videotaping was a method of recordation well known to the Pennsylvania Supreme Court, the Court believed the omission was deliberate. Id. at p. 302. It also stated that while stenographic/audio record prevented disputes at trial concerning the content of the conversations between the party being examined and the examiner, videotaping addressed what the examiner did and 3 observed. Id. The Court believed there would be a significant likelihood of dispute as to whether the videotape fully and accurately reproduced the examination. Id. Therefore, Plaintiff has no legal basis to cancel his September 22, 2008 vocational examination with Dr. Walker if he is precluded from videotaping the exam. Neither Defendants nor their expert deny Plaintiff has a right to make a stenographic or audio recording during the September 22, 2008 vocational exam. However, they believe Rule 4010 does not give Plaintiff carte blanche to record all aspects of the examination. Dr. Walker performs a two-part vocational examination which consists of an interview and testing. He has no objection to the presence of counsel or other representative during the interview, or having that part of the examination recorded. The only "conversation" or exchange of information between Plaintiff and Dr. Walker would occur during the interview stage. Dr. Walker is not preventing these conversations from being accurately preserved, thereby satisfying the essential purpose of Rule 4010 as stated above in Fetchen. Id. Nevertheless, Dr. Walker will not allow the testing portion of the exam to be recorded in any fashion. This measure is taken to protect the data being compiled from corruption by outside influences as well as to protect the privacy of the party being tested. In other words, the presence of anyone other than the person administering the test, such as a stenographer, a professional recording operator or even Plaintiffs own attorney, can create a much more awkward and intimidating situation for the Plaintiff, which could greatly affect his performance. Even an unattended recording device could create just as much distraction for the Plaintiff. 4 Therefore, Plaintiff cannot cancel his September 22, 2008 vocational examination with Dr. Walker on the basis he prevented from making a stenographic or audio recording during the testing portion of the exam. WHEREFORE, Defendants, Troy S. Garr and Quality Carriers, Inc., respectfully request that this Honorable Court enter an Order in the form attached, compelling Plaintiff Edward Drumheller to appear for a vocational examination with Jasen M. Walker, Ed.D., C.R.C., C.C.M. on August 25, 2008 at the Radisson Penn Harris Hotel & Convention Center, 1150 Camp Hill Bypass, Camp Hill, PA 17011. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Robert D. MacMahon, Esquire Attorneys for Defendants Date: / L'? ?Dy 5 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 CERTIFICATE OF GOOD FAITH I, Robert D. MacMahon, Esquire, verify that I have made good faith efforts to resolve this matter without resorting to the necessity of filing a Motion to Compel. Robert D. MacMahon, Esquire Attorney for Defendants WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 VERIFICATION I, Robert D. MacMahon, Esquire, hereby state that I am counsel for Defendants, Troy S. Garr and Quality Carriers, Inc., in the within matter and as such, am authorized to verify that the facts set forth in the attached Motion to Compel filed on behalf of the Defendants are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. 111, Robert D. Ma ahon Date: 904,5/ I??c ? r ?O I 1 (I COSTOPOULOS FOSTER & FIELDS By: Leslie M. Fields, Esquire 1. D. No. 29411 831 Market Street Lemoyne, PA 1 7043-02 2 2 (717) 761-2121 Attorneys for Plaintiffs Edward and Sheri Drumheller EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, his wife, Plaintiffs V. TROY S. GARR and QUALITY CARRIERS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: n!7 j00f l.: tc??C t ?D CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above named defendants at the following address(s): Thank you. Troy S. Garr 350 East Prospect Street Nazareth, PA 18064 Quality Carriers, Inc. 2327 Mt. Zion Road York, PA 17402 6:? Leslie M. Fields, Es uire I. D. X29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 Attorney for Plaintiffs Date: February 19, 2007 w J? .. N J C , r r' ? ? ? L 7 Wit., m ` COSTOPOULOS FOSTER & FIELDS By: Leslie M. Fields, Esquire I.D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 (717) 761-2121 Attorneys for Plaintiffs Edward and Sheri Drumheller EDWARD D. DRUMHELLER and : IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, his wife, . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO.: TROY GARR and QUALITY CARRIERS, INC., : CIVIL ACTION - LAW Defendants . JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. Dated: ):_" D924W7 179 '. A urt Lon t o fary Seal of the Court COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire I.D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 Tel.: (717) 761-2121 Fax: 717-761-4031 Attorneys for Plaintiffs Edward D. and Sheri L. Drumheller EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, his wife, Plaintiffs V. TROY S. GARR and QUALITY CARRIERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1008 Civil Term : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if r u fail to do so the case may proceed without you and a judgment may be entered against you the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, his wife, Plaintiffs V. TROY S. GARR and QUALITY CARRIERS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1008 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, by and through their attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Complaint: The Parties 1. Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, are adult individuals residing at 437 Clover Road, Etters, York County, Pennsylvania 17319. 2. Defendant, Troy S. Garr, is an adult individual residing at 350 East Prospect Street, Nazareth, Northampton County, Pennsylvania 18064. 3. Defendant, Quality Carriers, Inc., is a Pennsylvania company engaged in the business of trucking with its main place of business being located at 2327 Mt. Zion Road, York, York County, Pennsylvania 17402. 4. At all relevant times herein, Defendant, Troy S. Garr, was an employee, agent and/or servant of Defendant, Quality Carriers, Inc., and was acting within the scope of that relationship. Background Allegations 5. The events giving rise to this cause of action occurred at approximately 11:48 a.m. on or about June 29, 2006 on Interstate Route 83 in New Cumberland Borough, -2- Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, Edward D. Drumheller, was the operator of a 1991 Chevrolet S10 pickup truck which was traveling northbound on Interstate Route 83 and, because traffic ahead had slowed and come to a stop, he slowed down and stopped his vehicle. 7. At the aforesaid time and place Defendant, Troy S. Garr, was operating a 1994 Truck Tractor tractor trailer (Vehicle #1) owned by Defendant, Quality Carriers, Inc., and was traveling northbound on Interstate 83 when the traffic ahead slowed and came to stop; however, Defendant, Troy S. Garr, failed to stop his vehicle and rear-ended the vehicle ahead of him (Vehicle #2) which vehicle struck the rear-end of the vehicle ahead (Vehicle #3) and which vehicle ahead in turn struck the rear-end of the vehicle operated by Plaintiff, Edward D. Drumheller (Vehicle #4), thereby causing the injuries and damages set forth in detail below. 8. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Edward D. Drumheller, and the Plaintiff, Sheri L. Drumheller, have suffered serious injuries and damages which are set forth in detail below. Count 1• Plaintiff Edward D Drumheller v Defendant Troy S. Garr - Negligence 9. The allegations set forth in paragraphs 1 through 8 above are incorporated herein by reference as if fully set forth. 10. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, Troy S. Garr, in that he: a) drove his vehicle in careless disregard for the safety of persons and property, including Plaintiff, Edward D. Drumheller, and his property; b) violated Section 3714(a) of the Motor Vehicle Code, 75 Pa.C.S. § 3714(a), 'Careless driving - General rule,' and thus is negligent per se; c) operated his vehicle too fast for the prevailing conditions; -3- d) failed to notice that the traffic ahead of him had slowed and come to a stop; e) failed to maintain his vehicle under proper and lawful control; f) failed to keep a proper lookout; g) failed to pay sufficient attention to the roadway and traffic; h) failed to see what he should have seen; 1) failed to notice the imminence of an accident and to take the necessary steps to avoid it; and j) acted without regard for the safety and rights of other motorists, including Plaintiff, Edward D. Drumheller. 11. As a direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) protruded discs at C5-6 and C6-7; b) reversal of cervical curve at C5-6 and C6-7; c) spondylosis at C6-7 with foraminal stenosis; d) exacerbation of herniated disc at 1-3-4; b) neck and lumbar strains; and c) right shoulder impingement syndrome. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has been obligated to receive and undergo medical attention, care and expenses for the injuries he has suffered and may be obligated to continue to receive and undergo such medical attention, care and expenses for an indefinite time in the future. 13. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered a loss of -4- earnings and/or impairment of his earning capacity and power, and may continue to so suffer for an indefinite time in the future. 14. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered medically determinable physical impairments which have prevented him from performing all of the normal acts and duties which constitute his usual and customary daily activities, and may continue to so suffer for an indefinite time in the future. 15. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has experienced severe pain and suffering, mental anguish and humiliation, and may continue to so experience for an indefinite time in the future. 16. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered a loss of life's pleasures and may continue to so suffer for an indefinite time in the future. Count 11: Plaintiff Edward D. Drumheller v. Defendant Quality Carriers. Inc. - Vicarious Liability 17. The allegations set forth in paragraphs 1 through 16 above are incorporated herein by reference as is fully set forth. 18. At all relevant times herein, Defendant, Troy S. Garr, was an employee, agent and/or servant of Defendant, Quality Carriers, Inc., and was acting within the scope of that relationship. 19. Defendant, Quality Carriers, Inc., is vicariously liable for the injuries to Plaintiff, Edward D. Drumheller, negligently, carelessly and/or recklessly caused by its employee, agent and/or servant, Defendant, Troy S. Garr, as described in detail above. -5- 20. The negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, the employee, agent and/or servant of Defendant, Quality Carriers, Inc., which is imputed to Defendant, Quality Carriers, Inc., was a substantial factor in causing the injuries to Plaintiff, Edward D. Drumheller. 21. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Edward D. Drumheller, has suffered those injuries set forth in paragraphs 11 through 16 above, which averments are incorporated herein by reference as if fully set forth. Count III: Plaintiff Sheri L. Drumheller vDefendants - Loss of Consortium 22. The allegations set forth in paragraphs 1 through 21 above are incorporated herein by reference as if fully set forth. 23. At all relevant times herein, the Plaintiff, Edward D. Drumheller, and the Plaintiff, Sheri L. Drumheller, were lawfully and continuously married. 24. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Sheri L. Drumheller, has suffered a loss of consortium, society and companionship of her husband, the Plaintiff, Edward D. Drumheller, and may continue to so suffer for an indefinite time in the future. Conclusion WHEREFORE, Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, based on the foregoing allegations, hereby demand judgment in their favor and against Defendants, -6- Troy S. Garr and Quality Carriers, Inc., jointly and severally, in excess of the compulsory arbitration limits together with costs and interest as provided by law. RESPECTFULLY SUBMITTED: BY L slie M. Fields, squire I. D.#29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.Costopoulos.com Attorney for Plaintiffs Dated: April 23, 2007 VERIFICATION I, Plaintiff, Edward D. Drumheller, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. EOWW ?'B. 14& Edward D. Drumheller DATED: April 11 , 2007. VERIFICATION I, Plaintiff, Sheri L. Drumheller, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. 'Se ri L. D e DATED: April l , 2007. CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 23nd day of Anvil 2007, a true and correct copy of the foregoing Plaintiffs Complaint was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Robert D. MacMahon, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Defendants COSTOPOULOS, FOSTER & FIELDS '0 - :L?? L lie M. Fields, Esquire a k7 3' C-= Cam? 5t C-x 4, b i- -f /3 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP May 21, 2008 VIA FACSEMME AND 1sT CLASS MAIL Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 RE: Edward Drumheller v. Quality Carrier Our File Number: 0033322 Dear Ms. Fields: Direct Dial: (215) 825-7227 Email: ehill@wglaw.com This is to advise you that Plaintiff Edward Drumheller has been schedulded for a vocational examination with Jasen M. Walker, Ed.D., C.R.C., C.C.M. as follows: Date: Monday, August 25, 2008 Time: 11:00 a.m. Location: Radisson Penn Harris Hotel & Convention Center 1150 Camp Hill Bypass Camp Hill, PA 17011-3734 (717) 763-7117 Would you kindly advise your client of this appointment as soon as possible. The exam will take approximately five hours to complete, so please have you client schedule his day accordingly. A fee of $750.00 will be charged if this appointment is canceled or rescheduled within 72 hours of its scheduled date. Therefore, you must notify us by Wednesday, my 16, 2008 if your client will not be attending the examination, or you will be responsible to pay this fee. Thank you for your courtesies and cooperation. If you have any questions or concerns, please feel free to telephone our office. Very truly yours, Elizabeth A. Hill, aralegal Robert D. MacMahon Eah PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street • 13th Floor • Philadelphia, PA 19103 (215) 972-7900 • (215) 564-7699 (fax) • www.wglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Date: May 21, 2008 Send To: Leslie M. Fields, Esquire Company: Costououlos, Foster & Fields File: 0033322 - Edward Drumheller v. Ouality Carrier No. of Pages: (Including Cover Sheet) Facsimile #: (717) 761-4031 Main Phone #: (717) 761-2121 From: Elizabeth A. Hill, Paralegal Direct Dial: 215-825-7227 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (215) 972-7900 AND ASK FOR THE FAX OPERATOR. Comments: ****Confidentiality Note**** The documents accompanying this telecopy transmission contain information from the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP which is confidential and/or legally privileged. The information is intended only for the use of the individuals or entities named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this Firm immediately. In this regard, if you have received this telecopy in error, please notify us by telephone immediately so that we may arrange for the return of the original documents to us at no cost to you. PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street - 13th Floor - Philadelphia, PA 19103 (215) 972-7900 - (215) 564-7699 (fax) - www.wgiaw.com P. 1 * * * COMMUNICATION RESULT REPORT ( MAY-21.2008 4:14PM ) * * * FAX HEADER 1: WEBER GALLAGHER FAX HEADER 2: TRANSMITTED/STORED : MAY.21.2008 4:13PM FILE MODE OPTION ADDRESS RESULT PAGE ---------------------------------------------------------------------------------------------------- 3468 MEMORY TX 03 7177614031 OK 2/2 ---------------------------------------------------------------------------------------------------- REASON FOR ERROR E-1 HANG UP OR LINE FAIL E-2 BUSY E-3 NO ANSWER E-4) NO FACSIMILE CONNECTION E-5) MAIL SIZE OVER WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP - Date: May 21, 2008 Send To: lie AIL Fields. Company: Costonoulos. Foster & Fields File: - Edward Drumheller v. Quality Carrier No. of Pages: (Including Cover Sheet) From: Elizabeth A Hill Paralegal Direct Dial: 215-825-7227 Facsimile #: (717) 761-4031 Main Phone #: (717) 761-2121 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (215) 972-7900 AND ASK FOR THE FAX OPERATOR. Comments: "*"Confidentiality Note**** The documents accompanying this telecopy transmission contain information from the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP which is conildentlal and/or legally privileged. The information is intended only for the use of the individuals or entities named on this transmission sheet. If you are not the intended recfpient, you are hereby notified that any disclosure, copying, distribution or the tailing of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this Firm Immediately. In this regard, if yon have received this telecopy in error, please notify us by telephone immediately So that we may arrange for the return of the original documents to as at no cost to you. PHII.AD)?l.XH1A NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 20tH? Market Street - 13th Floor - Philadelphia, PA 19103 (215) 972-7900 - (215) 564-7699 (fax) - www.wglaw.com ?,h?+ C 3 33ZZ Robert D. MacMahon From: Robert D. MacMahon Sent: Monday, August 18, 2008 4:50 PM To: 'leslie' Subject: RE: drumheller Let me see if the lifeguard just happens to by a copy of the Pa RCP so that I can check on that rule. Sent with Wireless Sync from Verizon Wireless ---- Original Message ---- From: "leslie" <Ifields@costopoulos.com> Date: 8/18/08 4:41 pm To: "Robert D. MacMahon" <rmacmahon@wglaw.com> Subj: Re: drumheller Please see Rule 4010. If he won't allow it, I can't allow my client to participate and you'll have to peition the court for your exam. I have agreed to allow the evaluation, but not without some protection, as required by the rules. I understand that Mr. Walker has been facing similar court orders that have been granted in multiple jurisdictions. He should be used to it by now. Please advise how you wish to proceed. ----- Original Message ----- From: "Robert D. MacMahon" <rmacmahon@wglaw.com> To: "leslie" <Ifields@costopoulos.com> Sent: Monday, August 18, 2008 4:32 PM Subject: RE: drumheller I do disagree & by been told that the Dr won't allow it. Sent with Wireless Sync from Verizon Wireless --- Original Message --- From: "leslie" <Ifields@costopoulos.com> Date: 8/18108 2:55 pm To: "Robert D. MacMahon" <rmacmahon@wgiaw.com> Subj: drumheller Dear Mr. MacMahon: To avoid any confusion regarding your vocational evaluation, please be advised that I will be attending the entire evaluation with my client. I expect that the evaluation will be conducted strictly in accordance with Rule 4010. 1 am trying to set up a videographer but at very least, there will be audio recording. If you disagree in any respect with these conditions, please contact me. Thanks. Leslie Fields (717) 761-2121 Internal Virus Database is out-of-date. Checked by AVG. Version: 7.5.524 / Virus Database: 270.5.12/1597 - Release Date: 8/7/2008 5:54 AM ?xl??'b r f J WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP August 19, 2008 VIA FACSIMILE AND 1ST CLASS MAIL Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 RE: Edward Drumheller v. Quality Carrier Our File Number: 0033322 Dear Ms. Fields: Direct Dial: (215) 825-7227 Email: ehill@wglaw.com This is to confirm our telephone conversation today wherein I advised you that our vocational expert, Jasen Walker, Ed.D., must reschedule Mr. Drumheller's 8/25/08 vocational exam due to a recent unavoidable conflict. Currently, Mr. Walker has opennings on 9/16/08 and 9/22/08 to conduct the exam. Please notify me as soon as possible which date is more suitable for your client. If I do not hear from you by the end of business on Thursday, August 21 11, I will schedule one of the aforementioned dates and notify you immediately. This will also confirm our discussion concerning your wish to videotape the vocational exam. I advised you that Mr. Walker performs a two-part exam, which consists of an interview and claimant testing. Mr. Walker has no objection to the presence of someone from your office during the interview or allowing the interview to be audio recorded. He will not, however, permit anyone in the room with Mr. Drumheller during testing or allow any part of the exam to be videotaped. Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, Liz?ethh . H ill, aralegal Robert D. MacMahon Eah PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street - 13th Floor - Philadelphia, PA 19103 (215) 972-7900 - (215) 564-7699 (fax) - www.wglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Date: August 19, 2008 Send To: Leslie M. Fields, Esquire Company: Costonoulos, Foster & Fields File: 0033322 - Edward Drumheller v. Ouality Carrier No. of Pages: (Including Cover Sheet) Facsimile #: (717) 761-4031 Main Phone #: (717) 761-2121 From: Elizabeth A. Hill, Paralegal Direct Dial: 215-825-7227 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (215) 972-7900 AND ASK FOR THE FAX OPERATOR. Comments: ****Confidentiality Note**** The documents accompanying this telecopy transmission contain information from the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP which is confidential and/or legally privileged. The information is intended only for the use of the individuals or entities named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this Firm immediately. In this regard, if you have received this telecopy in error, please notify us by telephone immediately so that we may arrange for the return of the original documents to us at no cost to you. PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street - 13th Floor - Philadelphia, PA 19103 (215) 972-7900 - (215) 564-7699 (fax) - www.wglaw.com P. 1 x COMMUNICATION RESULT REPORT ( AUG.19.2008 5140PM ) * t FAX HEADER 1: WEBER GALLAGHER FAX HEADER 2: 0SMITTED/STORED : AUG.19.2008 5:39PM .E MODE OPTION ADDRESS RESULT PAGE ---------------------------------------------------------------------------------------------- )l MEMORY TX G3 7177614031 OK 2/2 --------------------------------------------------------------------------------------- - REASON FOR ERROR E-2) BUSY E-1) HANG UP OR LINE FAIL E-4) NO FACSIMILE CONNECTION E-3) NO ANSWER E-5 MAIL SIZE OVER WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Date: Aueust 19, 2008 Send To: Leslie M. Fields, Esouire Company: Costovoulos. Foster & Fields File: 0033322 - Edward Drumheller v. Oun.1 tv Carrier No. of Pages: (Including Cover Sheet) Facsimile #: (717) 761-4031 Main Phone #: (717) 761-2121 From: Elizabeth A Hill Paralesal 7 Direct Dial: 215-825-722 IF YOU DO NOT RECEIVE A.LL. PAGES, PLEASE CALL (215) 972-7900 AND ASK FOR THE FAX OPERATOR. Comments: - ***Confidentiality Note**** The documents accompanying this telecopy transmission contain information from the law IIrm of Weber Gallagher Simpson Stapleton Fires & Newby LLP which is confidential and/or legally privileged. The information is intended only for the use of the individuals or entities named on this transmission sheet. u you are not the intended reciplent, you are hereby notified that any disclosure, copying. distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this Firm Immediately. In this regard, if you have received this telecopy in errorq please notify us by telephone Immediately so that we may arrange for the return of the original documents to us at no cost to you. PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY RME LONDON 2000 Market Skeet - 13th Floor - Philadelphia, PA 19103 (215) 972-7900 - (215) 564-7699 (fax) - www.wglnw.corn EX All;, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP August 22, 2008 VIA FACSEMME AND 1ST CLASS MAIL Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 RE: Edward Drumheller v. Quality Carrier Our File Number: 0033322 Dear Ms. Fields: Direct Dial: (215) 825-7227 Email: ehill@wglaw.com This is to advise you that Plaintiff Edward Drumheller's vocational examination with 3asen M. Walker, Ed.D., C.R.C., C.C.M. has been rescheduled to take place as follows: Date: Monday, September 22, 2008 Time: 11:00 a.m. Location: Radisson Penn Harris Hotel & Convention Center 1150 Camp Hill Bypass Camp Hill, PA 17011-3734 (717) 763-7117 The above date is one of the two potential exam dates I offered in my letter to you of August 19, 2008. We have been notified by our expert that the alternative exam date of September 16, 2008 is no longer available. Would you kindly advise your client of this appointment as soon as possible. The exam will take approximately five hours to complete, so please have you client schedule his day accordingly. A fee of $750.00 will be charged if this appointment is canceled or rescheduled within 72 hours of its scheduled date. Therefore, you must notify us by Tuesday. September 16, 2008 if your client will not be attending the examination, or you will be responsible to pgy this fee. Thank you for your courtesies and cooperation. If you have any questions or concerns, please feel free to telephone our office. Verb ly y urs, E lzabeth A. Hill, Para egal Robert D. MacMahon Eah PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street • 13th Floor • Philadelphia, PA 19103 (215) 972-7900 • (215) 564-7699 (fax) • www.wglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Date: August 28, 2008 Send To: Leslie M. Fields, Esquire Company: Costoyoulos, Foster & Fields File: 0033322 - Edward Drumheller v. Quality Carrier No. of Pages:Y (Including Cover Sheet) Facsimile #: (717) 761-4031 Main Phone #: (717) 761-2121 From: Elizabeth A. Hill, Paralegal Direct Dial: 215-825-7227 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (215) 972-7900 AND ASK FOR THE FAX OPERATOR. Comments: ****Confidentiality Note**** The documents accompanying this telecopy transmission contain information from the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP which is confidential and/or legally privileged. The information is intended only for the use of the individuals or entities named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this Firm immediately. In this regard, if you have received this telecopy in error, please notify us by telephone immediately so that we may arrange for the return of the original documents to us at no cost to you. PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street • 13th Floor • Philadelphia, PA 19103 (215) 972-7900 • (215) 564-7699 (fax) • www.wglaw.com * * * COMMUNICATION RESULT REPORT ( AUG. 28. 2008 5:51PM ) * * * P. 1 FAX HEADER 1: WEBER GALLAGHER FAX HEADER 2: TRANSMITTED/STORED : AUG.28.2008 5:49PM FILE MODE OPTION ADDRESS RESULT PAGE -------------------------------------------------------------------- 4363 MEMORY TX G3 7177614031 OK 2/2 -------------------------------------------------------------- -------------------------- REASON FOR ERROR E-1 HANG UP OR LINE FAIL E-2) BUSY E--3 NO ANSWER E 5 ) MA I L SI Z E OVER E-4) NO FACSIMILE CONNECTION WEBER GALLAGHER SIMPSON STAPLETON FIRES &L NEWBY LLP Date: Aueust 28. 2008 Send T0: Leslie M. Fields, Esquire Company: Costoooulos, Foster & Fields File: 0033322 - Edward Drumheller v. gua,y Carrier No. of Pages.? " (Including Cover Sheet) From: Elizabeth A. Hill. Paralegal Direct Dial: 215-825-7227 Facsimile #: (717) 761-3031 Mama Phone #: (717) 761-2121 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (2157 972-7900 AND ASK FOR THE FAX OPERATOR. Comments: ****Confidentiality Note**** The documents accompanying this telecopy transmission contain Information from the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP which Is confidential and/or legally privileged. The information is intended only for the use of the individuals or entities named on this transmission sheet. if you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taldng of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this Firm immediately. 1n this regard, if you have received this telecopy in error, please notify us by telephone immediately so that we may arrange for the return of the original documents to us at no cost to you. PHMADELPRIA Nl-;w YORK PIT'rSBURC3F1 NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street - 13th Floor - Philadelphia, PA 19103 (215) 972-7900 - (215) 564-7699 (fax) - 'www.wglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 CERTIFICATE OF SERVICE I hereby certify that on this date I served a true and correct copy of the attached Motion to Compel, Memorandum of Law in Support and proposed Order on the following counsel of record via facsimile and fist class mail: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. BY: Robert D. MacMahon, Esquire Attorney for Defendants Date:, 2 /9 0 ! Cq, Via, .••.. ?, ?" f p 1 • WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. : TROY S. GARR and : QUALITY CARRIERS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 PRAECIPE TO WITHDRAW MOTION TO COMPEL TO THE PROTHONOTARY: Kindly withdraw Defendants' Motion to Compel Plaintiffs Attendance at Vocational Examination by Jasen Walker, Ed.D., C.R.C., C.C.M. which was filed in the above-referenced matter. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esq. Attorney for Defendants Dated: September 17, 2008 I' • WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 CERTIFICATE OF SERVICE I hereby certify that on this date I served a true and correct copy of the attached Praecipe to Withdraw Defendants' Motion to Compel Plaintiff's Attendance at Vocational Examination by Jasen Walker, Ed.D., C.R.C., C.C.M. on the following counsel of record via facsimile and fist class mail: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 BY: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. Robert D. MacMahon, Esquire Attorney for Defendants Date: September 17, 2008 rv Gil s'.4 M, co ?py 1V ' -C C 1 ? WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP BY: Robert D. MacMahon, Esquire Attorney I.D.#: 54367 2000 Market Street 13th Floor Philadelphia, PA 19103 (215) 972-7900 EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w v. TROY S. GARR and QUALITY CARRIERS, INC. Attorneys for Defendants Troy S. Garr and Quality Carriers, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 07-1008 DEFENDANTS' MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DEFENDANTS' SECOND SET OF INTERROGATORIES AND SECOND REQUEST FOR PRODUCTION OF DOCUMENTS Defendants, Troy S. Garr and Quality Carriers, Inc., by and through their counsel, Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP hereby file this Motion to Compel and in support thereof avers as follows: 1. This cause of action arises from an alleged motor vehicle accident which occurred on June 29, 2006. 2. Plaintiff initiated this lawsuit by filing a Praecipe for Writ of Summons on February 22, 2007 and the Complaint on April 25, 2007. See a true and correct copy of Plaintiffs' Praecipe for Writ of Summons and Complaint attached hereto as Exhibit "A". 3. Plaintiff Edward Drumheller alleges, inter alia, to have sustained severe injuries as a result of this alleged accident. Id. 4. On or about April 3, 2007, the undersigned served Plaintiffs' counsel with Interrogatories and Request for Production of Documents. See April 3, 2007 correspondence from Robert Macmahon, Esquire to Leslie Fields, Esquire attached hereto as Exhibit "B". 5. Plaintiffs' responded to the aforesaid discovery on or about May 3'0' 2007. See Exhibit "C". 6. Plaintiffs never provided the Defendants' with expert reports and/or name of their expert at the time they served their discovery answers. Id. 7. On or about January 26, 2009, Moving Defendants served Plaintiffs' counsel with Defendants' Second Set of Interrogatories and Second Request for Production of Documents which included a request for updated medical records and identification of experts that Plaintiff would be using at trial. A true and correct copy of defense counsel's 1/26/09 correspondence to Plaintiffs' counsel is attached hereto as Exhibit "D". 8. This was never answered by the Plaintiffs. 9. On or about March 4, 2009, Moving Defendants served Plaintiffs' counsel with correspondence regarding Plaintiffs' overdue responses to Defendants' Second Set of Interrogatories and Second Request for Production of Documents. A true and correct copy of defense counsel's 3/4/09 correspondence to Plaintiffs is attached hereto as Exhibit "E". 10. To date Plaintiffs' have failed to provide Defendants' with responses to their Second Set of Interrogatories and Second Request for Production of Document 11. Under the Pennsylvania Rules of Civil Procedure, Plaintiffs' had thirty (30) days in which to provide answers and/or objections to such discovery requests. See Pa.R.Civ.P. 4006(2) and Pa.R.Civ.P. 4009.12(a). 2 12. Without the aforesaid discovery responses, Defendants will be prejudiced in its ability to form a defense and proceed with trial, particularly as the discovery responses sought are the Plaintiffs' expert reports. 13. There have been no previous motions or issues assigned to or decided by a judge for this case. 14. Counsel for Plaintiffs has been contacted by telephone and has indicated that she does not concur in this Motion. WHEREFORE, Defendants, Troy S. Garr and Quality Carriers, Inc., respectfully requests that this Honorable Court in the form attached, compel Plaintiffs to respond to Defendants' Second Set of Interrogatories and Second Request for Production of Documents within ten (10) days hereof. Respectfully submitted, WEBER GALLAGHER STAPLETON FIRES & BY: Esquire *reeta Peake, Attorneys for I Date: 3 VERIFICATION I, Syreeta Peake, Esquire, hereby state that I am counsel for Defendants, Troy S. Garr and Quality Carriers, Inc., in the within matter and as such, am authorized to verify that the facts set forth in the attached Motion to Compel filed on behalf of the Defendants are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the 18 Pa.C.S.A. §4904 rAlating to unworn falsifications to authorities. Date: A Ic(?I I M CERTIFICATE OF SERVICE I hereby certify that on this date I served a true and correct copy of the attached Motion to Compel and proposed Order on the following counsel of record via facsimile and fist class mail: Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 BY: Date: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY-L] Attorneys Esquire {?b COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire 1. D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 (717) 761-2121 Attorneys for Plaintiffs Edward and Sheri Drumheller EDWARD D. DRUMHELLER and : IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, his wife, . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs u V. TROY S. GARR and QUALITY CARRIERS, INC., : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above named defendants at the following address(s): Thank you. Troy S. Garr 350 East Prospect Street Nazareth, PA 18064 Quality Carriers, Inc. 2327 Mt. Zion Road York, PA 17402 ;:LL giqM. ie lds, Es uire I. D. X29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 _ Lemoyne, PA 17043 Phone: (717) 761-2121 Attorney for Plaintiffs Date: February 19, 2007 I Con vi G 0 °? ?.. ft COSTOPOULOS FOSTER & FIELDS i N s, Esqu re By. Leslie M. Fie I.D. No. 29411 Attome for Plaintiffs a 831 Market Street nd Sheri Drumheller Edward Lemoyne, PA 17043-0222 (717) 761-2121 EDWARD D. DRUMHELLER and IN THE COURT OF COMMON PLEAS SHERI L DRUMHELLER, his wife, CUMBERLAND COUNTY, PENN YLVANIA Plaintiffs (7 ;1 j TROY GARR and QUALITY CARRIERS, INC., : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. Dated: urt Lon o tary Seal of the Court COSTOPOULOS, FOSTER & FIELDS 8y: Leslie M. Fields, Esquire I.D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 Tel.: (717) 761-2121 Fax: 717-761-4031 Attorneys for Plaintiffs Edward . and Sheri L. Drumheller EDWARD D. DRUMHELLER and . IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO.: 07-1008 Civil Term V. . TROY S. GARR and QUALITY CARRIERS, INC., : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if K ou fail to do so the case may proceed without you and a judgment may be entered against you y the Court without further notice for any money claimed in the Complaint or foe any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, his wife, Plaintiffs V. TROY S. GARR and QUALITY CARRIERS, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1008 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, by and through their attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this Complaint: The Parties 1. Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, are adult individuals residing at 437 Clover Road, Etters, York County, Pennsylvania 17319. 2. Defendant, Troy S. Garr, is an adult individual residing at 350 East Prospect Street, Nazareth, Northampton County, Pennsylvania 18064. 3. Defendant, Quality Carriers, Inc., is-a Pennsylvania company engaged in the business of trucking with its main place of business being located at 2327 Mt. Zion Road, York, York County, Pennsylvania 17402. 4. At all relevant times herein, Defendant, Troy S. Garr, was an employee, agent and/or servant of Defendant, Quality Carriers, Inc., and was acting within the scope of that relationship. Background Allegations 5. The events giving rise to this cause of action occurred at approximately 11:48 a.m. on or about June 29, 2006 on Interstate Route 83 in New Cumberland Borough, -2- Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, Edward D. Drumheller, was the operator of a 1991 Chevrolet S10 pickup truck which was traveling northbound on Interstate Route 83 and, because traffic ahead had slowed and come to a stop, he slowed down and stopped his vehicle. 7. At the aforesaid time and place Defendant, Troy S. Garr, was operating a 1994 Truck Tractor tractor trailer (Vehicle #1) owned by Defendant, Quality Carriers, Inc., and was traveling northbound on Interstate 83 when the traffic ahead slowed and came to stop, however, Defendant, Troy S. Garr, failed to stop his vehicle and rear-ended the vehicle ahead of him (Vehicle #Z) which vehicle struck the rear-end of the vehicle ahead (Vehicle #3) and which vehicle ahead in turn struck the rear-end of the vehicle operated by Plaintiff, Edward D. Drumheller (Vehicle #4), thereby causing the injuries and damages set forth in detail below. 8. As a direct and proximate result of the negligence, carelessness and(or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Edward D. Drumheller, and the Plaintiff, Sheri L. Drumheller, have suffered serious injuries and damages which are set forth in detail below. Count I: Plaintiff Edward D. Drumheller v. Defendant Troy S. Garr - Negligence 9. The allegations set forth in paragraphs 1 through 8 above are incorporated herein by reference as if fully set forth. 10. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, Troy S. Garr, in that he: a) drove his vehicle in careless disregard for the safety of persons and property, including Plaintiff, Edward D. Drumheller, and his property; b) violated Section 3714(a) of the Motor Vehicle Code, 75 Pa.C.S. § 3714(a), Careless driving - General rule," and thus is negligent per se; c) operated his vehicle too fast for the prevailing conditions; -3- d) failed to notice that the traffic ahead of him had slowed and come to a stop; e) failed to maintain his vehicle under proper and lawful control; P failed to keep a proper lookout; g) failed to pay sufficient attention to the roadway and traffic; h) failed to see what he should have seen; 1) failed to notice the imminence of an accident and to take the necessary steps to avoid it; and j) acted without regard for the safety.and rights of other motorists, including Plaintiff, Edward D. Drumheller. 11. As a direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: a) protruded discs at C5-6 and C6-7; b) reversal of cervical curve at C5-6 and C6-7; c) spondylosis at C6-7 with foramina) stenosis; d) exacerbation of herniated disc afL3-4; b) neck and lumbar strains; and c) right shoulder impingement syndrome. 12. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has been obligated to receive and undergo medical attention, care and expenses for the injuries he has suffered and may be obligated to continue to receive and undergo such medical attention, care and expenses for an indefinite time in the future. 13. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered a loss of -4- earnings and/or impairment of his earning capacity and power, and may continue to so suffer for an indefinite time in the future. 14. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered medically determinable physical impairments which have prevented him from performing all of the normal acts and duties which constitute his usual and customary daily activities, and may continue to so suffer for an indefinite time in the future. 15. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has experienced severe pain and suffering, mental anguish and humiliation, and may continue to so experience for an indefinite time in the future. 16. As a further direct and proximate result of the negligent, careless and/or reckless acts of Defendant, Troy S. Garr, the Plaintiff, Edward D. Drumheller, has suffered a loss of life's pleasures and may continue to so suffer for an indefinite time in the future. Count 11: Plaintiff Edward D. Drumheller v. Defendant Quali Carriers. Inc. - Vicarious liability 17. The allegations set forth in paragraphs 1 through 16 above are incorporated herein by reference as is fully set forth. 18. At all relevant times herein, Defendant, Troy S. Garr, was an employee, agent and/or servant of Defendant, Quality Carriers, Inc., and was acting within the scope of that relationship. 19. Defendant, Quality Carriers, Inc., is vicariously liable for the injuries to Plaintiff, Edward D. Drumheller, negligently, carelessly and/or recklessly caused by its employee, agent and/or servant, Defendant, Troy S. Garr, as described in detail above. -5- 20. The negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, the employee, agent and/or servant of Defendant, Quality Carriers, Inc., which is imputed to Defendant, Quality Carriers, Inc., was a substantial factor in causing the injuries to Plaintiff, Edward D. Drumheller. 21. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Edward D. Drumheller, has suffered those injuries set forth in paragraphs 11 through 16 above, which averments are incorporated herein by reference as if fully set forth. Count III: Plaintiff Sheri L. Drumheller v. Defendants - Loss of Consortium 22. The allegations set forth in paragraphs 1 through 21 above are incorporated herein by reference as if fully set forth. 23. At all relevant times herein, the Plaintiff, Edward D. Drumheller, and the Plaintiff, Sheri L. Drumheller, were lawfully and continuously married. 24. As a direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Troy S. Garr, which is imputed to Defendant, Quality Carriers, Inc., the Plaintiff, Sheri L. Drumheller, has suffered a loss of consortium, society and companionship of her husband, the Plaintiff, Edward D. Drumheller, and may continue to so suffer for an indefinite time in the future. Conclusion WHEREFORE, Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, based on the foregoing allegations, hereby demand judgment in their favor and against Defendants, -6- Troy S. Garr and Quality Carriers, Inc., jointly and severally, in excess of the compulsory arbitration limits together with costs and interest as provided by law. RESPECTFULLY SUBMITTED: BY: L lie M. Fields, squire I. D.#29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/ P. O. Box 222 Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.Costoooulos.com Attorney for Plaintiffs Dated: April 23, 2007 VERIFICATION I, Plaintiff, Edward D. Drumheller, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties at 18 Pa.S.C. § 4904 relating to unswom falsification to authorities. Edward D. Drumheller DATED: April 11 2007. VERIFICATION I, Plaintiff, Sheri L. Drumheller, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties at 18 Pa.S.C. § 4904 relating to unswom falsification to authorities. S eri L. D DATED: April 2007. I, Leslie M. Fields, Esquire, hereby certify that on this 23nd day of April 2007, a true and correct copy of the foregoing Plaintiffs Complaint was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Robert D. MacMahon, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 2000 Market Street, 131' Floor Philadelphia, PA 19103 Counsel for Defendants COSTOPOULOS, FOSTER & FIELDS a L I M. Fields, Esquire ,,,[a t? • ? ll ?JJ77f?C? I A WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP April 3, 2007 Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne„ PA 17043 RE: Edward Drumheller v. Quality Carrier Cumberland CCP, No. 07-1008 Our File Number: 0033322 Dear Ms. Fields: Direct Dial: (215) 972-7935 Email: rmacrnahonQwglew.com Initially, I wish to thank you for taking the time to discuss this case with me. I have entered my appearance and have filed a Rule to File Complaint with the Court; I did carbon copy you on that letter with the enclosures. I now serve the time-stamped Rule to File. I am enclosing Interrogatories and a Request for Production of Documents Directed to the Plaintiffs Edward D. Drumheller and Sheri L. Drumheller. Please serve complete and verified answers and responses within the time period prescribed by the Pennsylvania Rules of Civil Procedure. Of course, if you need further time, please do not hesitate to contact me. As a follow up to our recent telephone conversation, please come forward with an opening settlement demand so that I may apprise my principal accordingly. I also ask that you send me whatever specials packet that you have. Please also produce a copy of the Plaintiffs' dec sheet so that I may ascertain the exact amount of PIP coverage. You had indicated that the Plaintiff is still treating. If there is an updated amount of medical bills, please provide same. PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street • 13th Floor • Philadelphia, PA 19103 (215) 972-7900 • (215) 564-7699 (fax) • www.wglaw.com Leslie M. Fields, Esquire April 3, 2007 Page 2 of 2 I thank you for your anticipated cooperation and I look forward to hearing from you. Very truly yours, Robert D. MacMahon RDM/lm Enclosures X V' COSTOPOULOS FOSTER & FIELDS By: Leslie M. Fields, Esquire I.D. No. 29411 Attorneys for Plaintiffs 831 Market Street Edward D. and Sheri L. Drumheller Lemoyne, PA 17043-0222 Tel.: (717) 761-2121 Fax: 717-761-4031 EDWARD D. DRUMHELLER and . IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, his wife, . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO.: 07-1008 Civil Term V. TROY S. GARR and QUALITY CARRIERS, INC., Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED State the following: Plaintiff Edward Drumheller a. age: 44 b. date of birth; 01-07-1963 C. place of birth; Harrisburg, PA d. marital status at the time of the incident here involved and present marital status: married; e. number of children or other dependants at the time of the accident here involved and at the present; 2 f. your social security number; 188-56-7541 g. you veteran's claim number, if any. Not applicable Plaintiff Sheri L. Drumheller a. age: 38 b. date of birth: 07-11-1968 C. place of birth; Harrisburg, PA d. marital status at the time of the incident here involved and present marital status: married e. number of children or other dependants at the time of the accident here involved and at the present; 2 f. your social security number; 182-64-8207 g. you veteran's claim number, if any. Not applicable 2. State in specific narrative fashion how and under what circumstances the incident alleged in the Complaint at issue occurred. Answer: See complaint. 3. State in detail the injuries or diseases that you allege that you suffered as a result of the incident referred to in the Complaint. Answer: See complaint. 4. If you received medical treatment or examination (including x-rays) because of injuries or diseases you claim to have suffered as a result of the incident referred to in the Complaint identify (including addresses and telephone number): a. Each hospital at which you were treated or examined; b. The dates on which each such treatment or examination at a hospital was rendered and the charges by the hospital for each; C. Each doctor or practitioner by whom you were treated or examined; d. The dates on which each such treatment or examination by a doctor or practitioner was rendered and the charges for each; e. Identify all documents regarding any medical treatment or examinations, setting forth the author and date of each. Answer: See medical records already produced (and subsequently subpoenaed by defense counsel.) 5. If you have incurred any bills or expenses in connection with the injuries or diseases which you suffered because of the incident referred to in the Complaint, and such bills or expenses are not otherwise listed in answer to the preceding Interrogatories, set for the amount of each such bill or expense, the service for which the bill or expense was incurred, and the identity of the person who rendered the bill or who was involved in the expense. Answer: See complaint, in addition to medical records already produced (and subsequently subpoenaed by defense counsel.) 6. Either prior to or subsequent to the incident referred to in the Complaint, have you ever suffered any injuries or diseases in those portions of the body claimed by you to have been affected by the accident referred to in the Complaint? If so, identify: a. The injuries or diseases you suffered; b. The date and place of any accident, if such an injury or disease was casued by an accident. C. All hospitals, doctors or practitioners who rendered treatment or examinations because of any such injuries or diseases; d. Anyone against whom a claim was made, and the Court, term or number of any claim or lawsuit that was filed, in connection with any such injuries or diseases. Answer: A low back problem existed prior to the incident. See medical records already provided. 7. For the period of three years immediately preceding the date of the incident referred to in the Complaint, state: a. The name and address of each of your employers or, if you were self- emplo ed during that period, each of your business addresses and the name of the business while self-employed; b. The dates of commencement and termination of each of your periods of employment or self-employment. C. A detailed description of the nature of your occupation in each employment or self-employment; d. The amount of income from employment and self-employment for each year. (Attach your Federal Income Tax Return for each year) ANSWER: a. Self-employed b. Starting approximately 2002 to approximately May 2006 C. Carpenter d. See tax returns 8. If you have engaged in one or more gainful occupations subsequent to the date of the incident referred to in the Complaint, state: a. The name and address of each of your employers or, if you were self- employed, each of your business addresses and the name of the business while self-employed; b. The dates of commencement and termination of each of your periods of employment or self-employment. C. A detailed description of the nature of your occupation in each employment or self-employment; d. The wage, salary or rate of earnings received by you in each employment or self-employment. (Attach your Federal Income Tax Return for each year subsequent to the incident.) ANSWER: n/a 9. State whether, as a result of the incident referred to in the Complaint, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, stating with particularity a. the duties and/or activities you have been unable to perform; b. the periods of time you have been unable to perform; and c. the names and last known addresses of all persons having knowledge thereof. Answer: Yes. Unable to work, unable to do virtually all recreational activities (also social). 10. a. Identify each person who (1) was a witness to the incident referred to in the Complaint through sight or hearing and/or (2) has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, after, or at the time of the incident. b. With respect to each person identify in the answer to the Interrogatory above, state the person's exact location and activity at the time of the incident. Answer: See police accident report. 11. Have your or anyone acting on your behalf obtained from any person any statement ( as defined by the Rules of Civil Procedure) concerning this action or its subject matter? If so, identify: a. Each such person; b. When, where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; C. Any person who has custody of any such statement that were reduced to writing or otherwise recorded. Answer: n/a. 12. Have you given any statement (as defined by the Federal Rules of Civil Procedure) concerning this action or its subject matter? If so, identify: a. Each person to whom a statement was given; b. When and where each statement was given; c Any person who has custody of any such statements that were reduced to writing or otherwise recorded. Answer: I may have given a statement to my insurance carrier. See their file. 13. Do you or anyone acting on your behalf know of the existence of any photographs, motion pictures, video recordings, maps, diagrams or models of the site of the incident referred to in the Complaint, the parties or any other subject matter involved in this action? If the answer is in the affirmative, identify: a. The date(s) when they were made and what they are; b. The name and address of the person making them; C. The subject that each represents or portrays. Answer: See police accident report. 14. Have you or anyone on your behalf conducted any investigations of the incident which is the subject matter of the Complaint? If the answer is in the affirmative, identify: a. Each person, and the employer of each person, who conducted any investigations; b. The dates of the investigation; C. Identify all notes, reports or other documents prepared during or as a result of the investigations and the identity of the persons who have possession thereof. Answer: n/a. 15. a. State the name and address of each person whom you expect to call as an expert witness at trial and state the subject matter on which the expert is expected to testify. b. For each such expert, have the expert state the substance of the facts and opinions to which the expert is expected to testify and summarize the grounds for each such opinion. C. Set forth the qualifications of each expert, listing the schools attended, years of attendance, degree received, and experience in any particular field of specialization or expertise. Answer: Undetermined at present. Information will be supplied, when determined, to the extent required by the Pennsylvania Rules of Civil Procedure. 16. a. State whether you are covered by any type of insurance, including any workers' compensation, general liability, medical, excess or umbrella insurance, in connection with the incident referred to in the Complaint. If the answer is affirmative, state the following with respect to each policy: b. The name of the insurance carrier which issued each policy of insurances; C. The names insured under each policy and the policy numbers; d. The type of each policy and the effective dates; e. The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; Each exclusion, if any, in the policy which may be applicable to any claim thereunder and the reasons why you or the company claims the exclusion is applicable. Answer: See State Farm declaration sheet. 17. Identify and provide addresses and phone number of each person whom you expect to call at trial as a witness. Answer: Undetermined at present. Information will be supplied, when determined, to the extent required by the Pennsylvania' Rules of Civil Procedure. 18. As to each person named in answer to the preceding interrogatory, state the substance of their testimony and their relation and/or acquaintance with plaintiffs, if any. Answer: See answer to interrogatory number 17. 19. Do you contend that any employee or representative of Troy S. Garr or Quality Carriers, Inc. Or any other parry to this litigation made any admissions, representations, warranties (whether expressed or implied) or other relevant statements regarding the subject matter of this litigation. Answer: Unknown at this time. 20. If the answer to the preceding interrogatory is in the affirmative, set forth: a. the exact words, if known, and if not known, the substance of each conversation, and/or admission, b. the name, address and employer of the person making this admission or admission, c. the names and addresses of persons present when such statement or omission was made, d. the place where and the time when the statement or omission was made. Answer: See answer to 19. 21. If the statement or omission was reduced to writing, please identify (by date, author, recipient and content).the documents. Answer: See answer to 19. 22. Identify all individuals that have knowledge of and all documents that refer or relate to any claim that Troy S. Garr and Quality Carriers, Inc. are responsible for any injuries/damages claimed by plaintiff in their Complaint Answer: See answer to 19. 23. Describe any pain, ailment, complaint, injury or disability that you claim you presently have as a result of the incident referred to in the Complaint. Answer: See complaint. 24. Are you still under treatment for the injuries alleged to have been sustained in the occurrence here involved? a. if your answer is in the affirmative, give the name and address of the physician and/or institutions regarding said treatment Answer: Yes. Physical therapy 0eff Conforti) and Dr. Fisher, neurosurgery. See also medical records already produced (and subsequently subpoenaed by defense counsel.) 25. Have you been absent from work at any time since the date of the occurrence set forth in the Complaint as a result of any injuries/damages incurred arising out of the events alleged in the Complaint? If so, state: a. the dates of all absences from work and the reason thereof; and b. your rate of pay on the dates of such absences, whether you received pay for the dates of the absences, and if so, for what reasons. Answer: Yes. I have been unable to work since the occurrence. See tax returns and complaint. 26. State whether you have been unable to perform satisfactorily any of the duties required of you in any of your employment since the date of the occurrence set forth in the Complaint as a result of any injuries/damages you claimed to have incurred arising out of the events referenced in the Complaint, indicating with particularity what duties you were unable to perform, and the names and addresses of all persons having knowledge of such facts, including supervisors and employers at the time of such incapacities. Answer: See answer to interrogatory 25. 27. If you are claiming loss of earnings, state the total amount of such loss and the computation used to arrive at that sum. Answer: Undetermined at present as the losses are ongoing. Information will be supplied, when determined, to the extent required by the Pennsylvania Rules of Civil Procedure. 28. If you are claiming a loss of earning capacity, state the total amount of such loss, the basis for the claim and the computation of the loss. Answer: See answer to interrogatory 27. 29. If you claim that you sustained damages other than those covered by the preceding interrogatories, state in detail all other damages, whether temporary or permanent that plaintiffs claim to have suffered as a result of the matters alleged in the Complaint and provide: a. in detail - the nature, date and amount of such loss. Answer: See complaint. 30. With the exception of the individuals identified in response to any of the preceding interrogatories, identify and state the present addresses of any and all persons having knowledge of any of the facts concerning the matters referenced in plaintiff's Complaint and/or any other pleading in this matter and with regard to each individual so named, give a brief narrative description of the factual areas in which he or she has knowledge. Answer: Undetermined at present. Information will be supplied, when determined, to the extent required by the Pennsylvania Rules of Civil Procedure. 31. Do you contend that Troy S. Garr and Quality Carriers, Inc. violated any safety ordinances, regulatory standards, zoning code provisions, or other statutes or regulations concerning any of the matters alleged in the Complaint? Answer: Yes. 32. If your answer to the preceding Interrogatory is anything other than "no" provide the basis for such contention including each ordinance, provision or regulation that you contend was violated and the factual basis on which such provision(s) was violated. Answer: Undetermined at present as discovery is just beginning. Information will be supplied, when determined, to the extent required by the Pennsylvania Rules of Civil Procedure. 33. With respect to the Complaint, state the specific facts on which you base each allegation of negligence and include in your answer: a. the details of your claim; b. a description of Troy S. Garr's and Quality Carriers, Inc.'s conduct; and c. a description of Troys S. Garr's and Quality Carriers, Inc.'s conduct as you claim it should have been. Answer: Undetermined at present. Information will be supplied, when determined, to the extent required by the Pennsylvania Rules of Civil Procedure. 34. State in detail your version of the accident in question. Answer: See complaint. 35. Identify, as to the name and address, each person who was a witness to the accident through sight or hearing, and with respect to each person identified herein, state the person's exact location and activity at the time of the accident and state precisely and in detail the facts and circumstances about which that individual has knowledge. Answer: See police accident report. 36. Identify, as to name and address, each person who has knowledge of facts concerning the events leading up to, during and following the accident in question, including but not limited to the conditions at the scene of the accident. State precisely and in detail th at person's exact location and activity at the time of the accident and the facts and circumstances about which that individual has knowledge. Answer: Undetermined at present. Information will be supplied, when determined, to the extent required by the Pennsylvania Rules of Civil Procedure. 37. If, at the time of the accident, or subsequent thereto, any of the persons listed in the preceding interrogatories are relatives, acquaintances, agents, employees or representatives of any parry to this action, state the nature of such association as to each person. Answer: Undetermined at present. Information will be supplied, when determined, to the extent required by the Pennsylvania Rules of Civil Procedure. 38. Have you or anyone on your behalf including investigators, conducted any investigations of the accident which is the subject matter of the Complaint? If the answer is in the affirmative, identify? a. each person, and the employer of each person, who conducted any investigation; b. the dates of the investigation; and c. all notes, reports or other documents prepared during or as a result of the investigations and the identify of the person who have possession thereof. Answer: n/a 39. With reference to the motor vehicle in which you were riding at the time of the accident described in plaintiff's Complaint, state: a. name and address of the owner of the vehicle; b. name and address of the operator of the vehicle; C. year, make, model and color of the vehicle; d. license plate number and state o license; e. license number and state of license for the operator of the vehicle; and f. any restriction on the operator's license. Answer: See complaint and police accident report. 40. State from what location you were coming at the time of the accident and the time of departure from that location. Answer: Driving from my home about 15 minutes +/- before the crash. 41. State the destination of you or your vehicle before the accident and your scheduled time of arrival. Answer: Driving to Bosler Avenue, Lemoyne, which normally takes about 20 minutes. 42. List all the stops made between point of origin and accident location. Answer: n/a 43. State the purpose of the trip and for whose benefit it was being made. Answer: To fix a plumbing leak at Bosler Avenue property. 44. With reference to the accident upon which this action is based, state the following: a. approximate date and hour of the accident; b. exact location of the accident, giving the streets or highways involved and the nearest intersection, landmarks or other identifying structures; C. the nature of the road with reference to any depressions, curves, obstructions or hill in the general area; d. the condition of the road surface with reference to whether it was dirt, tar, asphalt, concrete or other composition, and whether it was wet, dry, icy, snow-covered or slick from some other distance; and e. number of all travel and parking lanes on the roadway on which each vehicle was situated immediately preceding the accident. Answer: See police accident report. 45. State in detail weather conditions at the time of the accident. Answer: See police accident report. 46. State whether visibility was clear, and if not, to what extent it was limited in terms of distance. Answer: See police accident report. 47. State which vehicle, if any, had headlights on at the time of the accident. Answer: See police accident report. 48. State whether your vision or that of your driver (whichever applicable) was obstructed in any manner at the time of the accident or prior thereto by any factor whatsoever. If there was obstruction, describe in detail and its location. Answer: No. 49. If the accident occurred at an intersection, state with regard to your vehicle: a. nature of traffic controls facing your at the intersection; b. the color of the traffic light, if any, facing your vehicle; C. if you saw a traffic light at the intersection, state the distances your vehicle was from the intersection at the first time and the last time you saw the color of the traffic light; d. at what speed was your vehicle traveling at the time you first saw the color of the traffic light and at the time e. whether your vehicle was in the process of making a turn, and if so, state whether your vehicle was making a right or left turn, and what signals, if any, were given; and f. whether the other vehiclee involved in the accident was in the process of making a right or left turn, and whether you saw any signal for said turn, and what kind of signal was seen. Answer: n/a 50. Did you or your driver (whichever applicable) see the other vehicle involved in the accident before the accident? If so, state the following: a. how far from the point of impact was your vehicle when you first observed the other vehicle; b. at what speed were you traveling at the time you first observed the other vehicle; C. how far from the point of impact was the other vehicle when you first observed; and d. at what speed was the other vehicle traveling when you first observed it? Answer: n/a 51. Did you make any further observations of the other vehicle after the first observation? If so, state the respective speeds of each vehicle at the time of each observation at the respective distances of each vehicle from the point of impact at each observation. Answer: n/a 52. Between the time when you last observed the other vehicle and the moment of impact, did the speed of your vehicle vary? If so, describe fully. Answer: I was slowing because the traffic in front of me was slowing. 53. Describe in detail what you or the operator of your vehicle did to avoid the accident. Answer: I was driving slowly, safely, and lawfully when I was struck from behind. 54. State whether your vehicle was stopped or moving at the time of impact. Answer: moving slowly. 55. State whether the other vehicle was stopped or moving at the time of impact. Answer: See accident report. 56. State whether any of the vehicles involved in the accident left any skid marks on the roadway, and if so, identify the location, length and direction of the mark(s) with regard to the curb line or other identifying structures in the area. Answer: See accident report. 57. State the position and location of each vehicle immediately after impact and once each vehicle had come to its final position of rest. Answer: See accident report. 58. State whether you or the operator of your vehicle ever traveled past the scene of this accident prior to the date of the accident. If so, state when you had last traveled past the scene before the accident and how often you had traveled in this area prior to the accident. Answer: Yes. Frequently. 59. If you contend that the accident was caused in whole or in part by the act or omissions of any person or entity other than yourself, set forth the names and addresses of each such person or entity and explain in detail each such act omission. Answer: See complaint. 60. If you wear prescription glasses, state the condition requiring it and whether you were wearing glasses at the time of the accident. If not, explain why you were not. Answer: n/a. 61. State in detail the injuries or diseases that you allege you suffered as a result of the accident referred to in the Complaint (Standard Interrogatory) Answer: Objection. Asked and answered. See complaint and medical records. 62. State whether you were confined to bed or to your home as a result of the injuries alleged to have been sustained in the incident involved in this action. If so, state the length of time you were confined to each and the dates thereof. Answer: See medical records. 63. If you received medical treatment or examinations (including x-rays) because of injuries or diseases you suffered as a result of the accident, identify: (Standard Interrogatory) a. each hospital at which you were treated or examined; b. the dates on which each such treatment or examination at a hospital was rendered and the charge by the hospital for each; C. each doctor or practitioner by whom you were treated or examined; d. the dates on which each such treatment or examination by a doctor or practitioner was rendered and the charges for each; e. all reports regarding any medical treatment or examination, setting forth the author and date of such report. Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 64. If you have incurred bills or expenses in connection the injuries or diseases which you suffered because of the accident referred to in the Complaint, and such bills or expenses are not otherwise listed in answer to these Interrogatories, set forth the amount of each such bill or expense, the service for which the bill or expense was incurred, and the identity of the person who rendered the bill or who was involved in the expense. (Standard Interrogatory) Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 65. Describe any pain, ailment, complaint, injury or disability that you presently have as a result of the incident here involved. Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. See complaint. 66. Do you have any scars of were you disfigured as a result of your injuries? If so, describe: Answer: n/a 67. State whether you are still under treatment for the injuries alleged to have been sustained in the incident in this action, If so, state the name and address of the per son who last treated or examined you for the injuries with the date and place where treated or examined. Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 68. Either prior to or subsequent to the accident referred to in the Complaint, have you ever suffered any injuries or diseases in those portions of the body claimed by you to have been affected by the accident referred to in the Complaint? (Standard Interrogatory) If so, identify: a. the injuries and diseases you suffered; b. the date and place of any accident, if such an injury or disease was caused by the accident; C. all hospitals, doctors or practitioners who rendered treatment or examinations because of any such injuries or diseases; d. anyone against whom a claim was made, and the court, term and number of any claim or lawsuit that was filed in connection with any such injuries or diseases; e. If a claim and/or lawsuit was brought by you pertaining to said impairment, describe the person and/or company against whom the claim was made, the manner in which the claim was made and if a lawsuit was involved, the court, term and number of said suit. Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 69. Aside from the accidents or incidents mentioned above, have you been involved in any other accidents or incidents in which you sustained damages and/or juries? If so, state the nature of the incident, the place and date on which it occurred, the names and addresses of all persons involved, the injuries and impairments sustained by you and the Court, term and number of any lawsuit commenced as result thereof. Answer: Prior incident causing initial low back injury in May of 2006. Left wrist injured in mid-1980s. No lawsuits. 70. If you alleged that the incident here involved aggravated a pre-existing condition, state whether you had recovered from said condition at the time of the incident and describe in detail all treatment which had been received by you for said pre-existing condition with the names and addresses of all doctors and hospitals involved with dates of medical care. Answer: See medical records. 71. State whether you have applied for or received any unemployment compensation benefits since the accident, and if so, the amounts received and the period covered by the payments. Answer: n/a 72. At the time of the accident, what was the nature of your employment and/or occupation? Describe your usual duties and labors. Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 73. For the period of three years immediately preceding the date of the accident referred to in the Complaint, state: (Standard Interrogatory) a. the name and address of each of your employers or, if you were self- emptoyed during that period, each of your business addresses and the name of the business while self-employed; b. the dates of commencement and termination of each of your periods of employment and self-employment; C. a detailed description of the nature of your occupation during each employment for each year, (Attach your Federal income tax return for each year) d. the amount of income from employment and self-employment for each year. (Attach your Federal income tax return for each year.) Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 74. If you have engaged in one or more gainful occupation subsequent to the date of the accident referred to in the Complaint, state: (Standard Interrogatory) a. the name and address of each of your employers or, if you were self- employed each of your business addresses and the name of the business while self-employed; b. the dates of commencement and termination of each of your periods of employment and self-employment; C. a detailed description of the nature of your occupation during each employment and self-employment; d. the wage, salary or rate of earnings received by you during each employment of self-employment (Attach your Federal income tax return for each year subsequent to the accident); e. the dates of all absences from your occupation resulting from the injuries and diseases in this accident. Set forth the amount of earnings or other benefits lost by you because of such absences. Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 75. State whether, as a result of this accident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the accident, stating with particularity (a) the duties and/or activities you have been unable to perform; (b) the periods of time you have been unable to perform, and m the names and addresses of all persons having knowledge thereof. (Standard Interrogatory) Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 76. If you are claiming a loss of earnings or earning power as a result of the accident, state the total amount of such loss and show in detail how the amount of the alleged loss was computed. Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 77. Did you sustain any financial losses as a result of the accident other than those covered by the preceding Interrogatories? If so, state: a. in detail, the nature, date and amount of such additional loss; b. if a claim is made for household help, state the name and address of each such person employed, the period of employment, the amount actually paid to such persons, and whether you employed domestic help prior to the date of the accident Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 78. State the name and address of each person whom you expect to call as an expert witness at trial. Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 79. For each such expert, state the subject matter on which the expert is expected to testify, including not limited to the substance of the facts and opinions to which the expert is expected testify. Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 80. Set forth the qualifications of each expert, listing the schools attended, years of attendance, degrees received, and experience in any particular field of specialization or expertise. Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 81. State each expert's age, residence and business address. Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 82. State the name address of each expert's present employer, or if self- employed the name and address of the business and his occupation. Answer: Objection. Asked and answered. See answer to previous interrogatories that asked this question. 83. State the name and address of every person or firm for the last 10 years, and a detailed description of all duties at each place of employment for each expert. Answer: Objection. This interrogatory requests information which is beyond what is required by the PA Rules of Civil Procedure and is burdensome. 84. State whether the facts and opinions to which each expert is expected to testify are contained in a written report, memorandum or other document, and' if they are, give the name and address of the present custodian of same and state whether you will produce same without the necessity of a motion. Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 85. State whether the opinion of any expert listed above is based in whole, or in part, on any scientific rule or principle, and explain fully. Answer: Objection. This interrogatory requests information which is beyond what is required by the PA Rules of Civil Procedure and is burdensome. Further Objection. The same question has been asked and answered. See answer to previous interrogatories that asked this question. 86. If the opinion of any expert listed above is based in whole or in part upon any code, regulation or standard, governmental or otherwise, identify it and specifically set forth the section relied upon. Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 87. If the opinion of any expert listed above is based in whole or in part on any scientific or engineering textbook or other publication, identify same. Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question 88. If the expert has testified in Court or by way of oral deposition within the past 10 years, identify the Court term and number, date of testimony and identify of attorney calling the expert as a witness. Answer: Objection. This interrogatory requests information which is beyond what is required by the PA Rules of Civil Procedure and is burdensome. 89. Do you or your expert intend to use any book, publication or other writing at the trial of this case? If so, describe in detail the author, publisher, copyright date and name and address of any known present custodian of said book or publication. Answer: Objection. This same question has been asked and answered and is therefore annoying and unreasonably burdensome. See answer to previous interrogatories that asked this question COSTOPOULOS, FOSTER & FIELDS By eslie .Fields, Esquire I. D. V. 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Tel.: (717) 761-2121 Attorney for Plaintiffs Date: May 30, 2007 VERIFICATION I, Plaintiff, Edward D. Drumheller, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. 9&,OIW b 1)d4O(- Edward D. Drumheller DATED: VERIFICATION I, Plaintiff, Sherri L. Drumheller, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. DATED: dIt 1, -Ck Sherr y L r he er CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 300' day of Maly 2007, a true and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Robert D. MacMahon, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 2000 Market Street, 13'hFloor Philadelphia, PA 19103 Counsel for Defendants COSTOPOULOS, FOSTER & FIELDS eslie M. Fields, Esquire ?? ??b WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP January26, 2009 Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 RE: Edward Drumheller v. Quality Carrier Cumberland County CCP, No. 07-1008 Our File Number: 0033322 Dear Ms. Fields: Diced Dial: (215) 825-7217 Email: speakeC?wglaw.com Enclosed please find Defendants' Second Set of Interrogatories and Second Request for Production of Documents Directed to the Plaintiffs Edward D. Drumheller and Sheri L. Drumheller. Please serve complete and verified answers and responses within the time period prescribed by the Pennsylvania Rules of Civil Procedure. If you have any questions, please feel free to contact me. SJP/Im Enclosures PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 2000 Market Street • 13th Floor • Philadelphia, PA 19103 (215) 972-7900 • (215) 564-7699 (fax) • www.wglaw.com x ti, ?? WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP March 4, 2009 Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street P.O. Box 222 Lemoyne, PA 17043 RE: Edward Drumheller v. Quality Carrier Cumberland County CCP, No.: 07-1008 Our File Number: 0033322 Dear Ms. Fields: Direct Dial: (215) 972-7935 Email: rrne=ahion@wglaw.com Enclosed please find the Defendant's Third Request for Production of Documents. Kindly produce full and complete copies of the audio recordings that you made of the vocational evaluation performed by Jasen Walker and of the examination performed by Dr. Bennett. I note that you never responded to the Defendant's Supplemental Request for Production of Documents which asked for updated medical records, updated medical reports and your expert reports. I have no expert reports from you whatsoever. Don't you think it would be fair if you were to produce same? I will proceed with a Motion to Compel the aforementioned. Very truly yours, Robert D. MacMahon RDMAm Enclosure PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY Hn,L WASHINGTON, PA WILMINGTON LoNDON 2000 Market Street • 13th Floor • Philadelphia, PA 19103 (215) 972-7900 • (215) 564-7699 (fax) • www.wgiaw.com r-? %?'f ?.? _ -t t.. --? .? i ?. ? ??? ? -?i _- -?"# w-- -, h,? - ?8 ??_§ ? p.:, 1,,.: , COSTOPOULOS, FOSTER & FIELDS By: Leslie M. Fields, Esquire I.D. No. 29411 831 Market Street Lemoyne, PA 17043-0222 Tel.: (717) 761-2121 Fax: 717-761-4031 Attorneys for Plaintiffs Edward D. and Sheri L. Drumheller EDWARD D. DRUMHELLER and : IN THE COURT OF COMMON PLEAS SHERI L. DRUMHELLER, his wife, . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. TROY S. GARR and . QUALITY CARRIERS, INC., NO.: 07-1008 Civil Term : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO MOTION TO COMPEL RESPONSES AND NOW come the Plaintiffs, Edward D. Drumheller and Sheri L. Drumheller, his wife, by and through their attorney, Leslie M. Fields, Esquire, and respectfully represent the following in answer to defendants' motion : 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part. Denied in part. Plaintiffs intend to call as expert witnesses the physicians who have treated the plaintiff. All of their records and reports that exist at this time have been provided by plaintiff and subsequently subpoenaed by defense counsel. Plaintiff's vocational expert, who has been identified repeatedly by the undersigned, has not issued a report pending receipt of the raw data created by the defense vocational expert, Jasen Walker. This material has been requested repeatedly, and defense counsel has been told on several occasions that without the data (which was promised to be supplied by Walker at the time he tested the plaintiff), plaintiffs vocational expert could not complete his evaluation and report. Emails about this are attached as Exhibit A. 7. Admitted. By way of further answer, see answer to #6 above. 8. Admitted. By way of further answer, see answer to #6 above. 9. Admitted. By way of further answer, see answer to #6 above. 10. Admitted. By way of further answer, see answer to #6 above. 11. Admitted. By way of further answer, see answer to #6 above. 12. Denied. By way of further answer, see answer to #6 above. 13. Admitted. 14. Denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an Order denying Defendants' Motion. COSTOPOULOS, FOSTER & FIELDS Date: March 26, 2009 By: eslie . Fields, Esq ire I.D. No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Tel.: (717) 761-2121 Attorney for Plaintiffs Page 1 of 1 leslie From: "leslie" <Ifields@costopoulos.com> To: "Robert D. MacMahon" <rmacmahon@wglaw.com> Sent: Monday, March 23, 2009 10:38 AM Subject: Re: Out of Office AutoReply: Drumheller I checked with Rick Sleber and he has not received the raw data from Jasen Walker. Please check on the status of this material. Thank you. Leslie Fields (717) 761-2121 ----- Original Message ----- From: "Robert D. MacMahon" <rmacmahoncr?,wglaw.com> To: "leslie" <lfieldsQcostopoulos.com> Sent: Friday, March 20, 2009 10:44 AM Subject: Out of Office AutoReply: Drumheller I will be out of the office from Fri. Mar 20 thru Fri. Mar 27. returning on Mon. Mar 30. If you require immediate assistance, please contact my secretary, Linda Mattox, at (215) 972-7900 (x813), or you may contact me directly on my cell phone at (215) 908-1052. No virus found in this incoming message. Checked by AVG - www.aviz.com Version: 8.5.278 / Virus Database: 270.11.21/2014 - Release Date: 03/20/09 06:59:00 EXHIBIT 3/26/2009 Page 1 of 2 leslie From: "leslie" <Ifields@costopoulos.com> To: "Robert D. MacMahon" <rmacmahon@wglaw.com> Sent: Friday, March 20, 2009 10:44 AM Subject: Fw: Drumheller ----- Original Message ----- From: leslie To: leslie Sent: Friday, March 20, 2009 9:59 AM Subject: Re: Drumheller I received Dr. Bennett's report and will be sending on the Sleber report as soon as I receive it, assuming that Jasen Walker sent the raw data. As far as other expert reports go, I'll be following up with Dr. Zeliger and will advise you if he will be updating his prior reports which you already have. I think we should be able to schedule this mediation in the near future. ----- Original Message ----- From: leslie To: Robert D. MacMahon Sent: Monday, March 09, 2009 10:31 AM Subject: Re: Drumheller Have you received the report from the defense's medical examination? Leslie ----- Original Message ----- From: Robert D. MacMahon To: leslie Sent: Tuesday, March 03, 2009 12:08 PM Subject: RE: Drumheller I will direct your request to Dr. Walker. May I please have copies of your audio recordings of both the vocat eval and the IME? From: leslie [mailto:lfields@costopoulos.com] Sent: Tuesday, March 03, 2009 11:07 AM To: Robert D. MacMahon Subject: Re: Drumheller Please have Jasen Walker send his raw data to Rick Sleber, Sleber Associates, 2626 N. 3rd St., Suite 3B, Harrisburg, PA 17110. Until he receives this information, he will not be able to issue a report. Thanks. Leslie M. Fields (717) 761-2121 ----- Original Message ----- From: Robert D. MacMahon To: leslie Sent: Friday, February 13, 2009 3:07 PM Subject: Drumheller Thank you for honoring the IME date. May I please now by your expert reports and any updated meds? 3/26/2009 Page 2 of 2 Robert MacMahon Weber Gallagher Simpson Stapleton Fires & Newby LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 215.972.7900 x935 215.564.7699 (fax) www.wglaw.com "" E-MAIL CONFIDENTIALITY NOTE - The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the e-mail address listed as the recipient of this message. If you are net the intended recipient of this e-mail message you are hereby noted that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return e-mail; and by telephone at 215.564.4597. Internal Virus Database is out-of-date. Checked by AVG. Version: 7.5.552 / Virus Database: 270.10.15/1923 - Release Date: 1/29/2009 7:13 AM sternal Virus Database is out-of-date. hecked by AVG. ersion: 7.5.552 / Virus Database: 270.10.15/1923 - Release Date: 1/29/2009 7:13 AM Jo virus found in this incoming message. :hecked by AVG - www.avg.com /ersion: 8.5.278 / Virus Database: 270.11.21/2014 - Release Date: 03/20/09 06:59:00 3/26/2009 Page 1 of 2 leslie From: "leslie" <Ifields@costopoulos.com> To: "Robert D. MacMahon" <rmacmahon@wglaw.com> Sent: Monday, March 09, 2009 10:31 AM Subject: Re: Drumheller Have you received the report from the defense's medical examination? Leslie ----- Original Message ----- From: Robert D. MacMahon To: leslie Sent: Tuesday, March 03, 2009 12:08 PM Subject: RE: Drumheller I will direct your request to Dr. Walker. May I please have copies of your audio recordings of both the vocat eval and the IME? From: leslie [mailto:lfields@costopoulos.com] Sent: Tuesday, March 03, 2009 11:07 AM To: Robert D. MacMahon Subject: Re: Drumheller Please have Jasen Walker send his raw data to Rick Sieber, Sieber Associates, 2626 N. 3rd St., Suite 3B, Harrisburg, PA 17110. Until he receives this information, he will not be able to issue a report. Thanks. Leslie M. Fields (717) 761-2121 ----- Original Message ----- From: Robert D. MacMahon To: leslie Sent: Friday, February 13, 2009 3:07 PM Subject: Drumheller Thank you for honoring the IME date. May I please now by your expert reports and any updated meds? Robert MacMahon Weber Gallagher Simpson Stapleton Fires & Newby LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 215.972.7900 x935 215.564.7699 (fax) www.wglaw.com **** E-MAIL CONFIDENTIALITY NOTE **** The information contained in this electronic message may contain attomey-client privileged and confidential information intended only for the use of the owner of the e-mail address listed as the recipient of this message. If you are not the intended recipient of this e-mail message you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return e-mail; and by telephone at 215.564.4597. Internal Virus Database is out-of-date. 3/26/2009 Page 2 of 2 Checked by AVG. Version: 7.5.552 / Virus Database: 270.10.15/1923 - Release Date: 1/29/2009 7:13 AM eternal Virus Database is out-of-date. hecked by AVG. ersion: 7.5.552 / Virus Database: 270.10.15/1923 - Release Date: 1/29/2009 7:13 AM 3/26/2009 Page I of 2 leslie From: "leslie" <Ifields@costopoulos.com> To: "Robert D. MacMahon" <rmacmahon@wglaw.com> Sent: Tuesday, March 03, 2009 12:21 PM Subject: Re: Drumheller Jasen Walker audiotaped the whole process; he should be able to provide you with an even better recording. I'll figure out how to recopy the DME and send it on, although I know that it stopped taping partway through.. ----- Original Message ----- From: Robert D. MacMahon To: leslie Sent: Tuesday, March 03, 2009 11:08 AM Subject: RE: Drumheller I will direct your request to Dr. Walker. May I please have copies of your audio recordings of both the vocat eval and the IME? From: leslie [mailto:lfields@costopoulos.com] Sent: Tuesday, March 03, 2009 11:07 AM To: Robert D. MacMahon Subject: Re: Drumheller Please have Jasen Walker send his raw data to Rick Sieber, Sieber Associates, 2626 N. 3rd St., Suite 313, Harrisburg, PA 17110. Until he receives this information, he will not be able to issue a report. Thanks. Leslie M. Fields (717) 761-2121 ----- Original Message ----- From: Robert D. MacMahon To: leslie Sent: Friday, February 13, 2009 3:07 PM Subject: Drumheller Thank you for honoring the IME date. May I please now by your expert reports and any updated meds? Robert MacMahon Weber Gallagher Simpson Stapleton Fires & Newby LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 215.972.7900 x935 215.564.7699 (fax) www.wglaw.com ""' E-MAIL CONFIDENTIALITY NOTE - The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the e-mail address listed as the recipient of this message. If you are not the intended recipient of this e-mail message you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return e-mail; and by telephone at 215.564.4597. Internal Virus Database is out-of-date. Checked by AVG. 3/26/2009 Page 2 of 2 Version: 7.5.552 / Virus Database: 270.10.15/1923 - Release Date: 1/29/2009 7:13 AM eternal Virus Database is out-of-date. hecked by AVG. ersion: 7.5.552 / Virus Database: 270.10.15/1923 - Release Date: 1/29/2009 7:13 AM 3/26/2009 CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 26th day of March 2009, a true and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Robert D. MacMahon, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Defendants COSTOPOULOS, FOSTER & FIELDS Leslie . Fields, E uire 4't rya _.) F ? 4? T? ..r - v r[ rya ??;r_; ?, .?.. [ r e`:? ?+ - r ,? .a.? ?.,.,- '.y;, EDWARD D. DRUMHELLER and SHERI L. DRUMHELLER, h/w, Plaintiffs V. CIVIL ACTION - LAW TROY S. GARR and QUALITY CARRIERS, INC., Defendants NO. 07-1008 CIVIL TERM ORDER OF COURT AND NOW, this 31St day of March, 2009, upon consideration of Defendants' Motion To Compel Plaintiffs' Responses to Defendants' Second Set of Interrogatories and Second Request for Production of Documents, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. XLesie M. Fields Esq. 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Attorney for Plaintiffs v/ Robert D. MacMahon, Esq. Syreeta Peake, Esq. WEBER, GALLAGHER, SIMPSON, STAPLETON, FIRES & NEWBY, LLP 2000 Market Street 13th Floor Philadelphia, PA 19103 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 12T I ?E-s M , ,9/1/c)? =/'l BY THE COURT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EDWARD D. DRUMHELLER and Civil Action - Law SHERI L. DRUMHELLER, h/w NO. 07-1008 V. TROY S. GARR and QUALITY CARRIERS, INC. ORDER TO SETTLE. DISCONTINUE AND END To the Prothonotary: Kindly mark the above-captioned matter "settled, discontinued and ended". Respectfully submitted, COSTOPOULOS, FOSTER & FIELDS By:, eslie M. fields, Esquire Attorney or Plaintiffs Date: ?' ZOO Z? CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 26th day of August' 2009, a true and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Robert D. MacMahon, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Defendants COSTOPOULOS, FOSTER & FIELDS Leslie M. fields, Esqui FILE U; -d OF THE* PP TARY 2009 AUG 27 PM 3: 35 cumt.. rF ?IS 4