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HomeMy WebLinkAbout03-2275 JAMES QUESENBERRY and SANDRA QUESENBERRY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 -~7& CIC~lL ~~ JOHN H. SALTZER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE: (717) 249-3166 JAMES QUESENBERRY and SANDRA QUESENBERRY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. JOHN H. SALTZER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demand as expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacio y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVlCIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE: (717) 249-3166 JAMES QUESENBERRY and SANDRA QUESENBERRY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 __;;.2. 76' JOHN H. SALTZER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, James Quesenberry and Sandra Quesenberry, his wife, by and through their attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully sets forth as follows: 1. Plaintiff James Quesenberry and Sandra Quesenberry are husband and wife who reside at 105 Shady Lane, York Haven, York County, Pennsylvania 17370. 2. Defendant John H. Saltzer is an adult individual currently residing at 104 Ironstone Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The facts and occurrences hereinafter stated took place on or about December 31, 2002, on 1-83 Southbound, just before the Highland Park exit, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, Plaintiff James Quesenberry was operating his 1997 Dodge Minivan on 1-83 Southbound. 5. At the aforementioned time and place, Plaintiff Sandra Quesenberry was a passenger in the above-referenced minivan. 6. At the aforementioned time and place, Defendant John H. Saltzer was operating a vehicle with a horse trailer attached. 7. At the aforementioned time and place, Defendant Saltzer failed to properly secure the horse trailer thus causing the horse to exit the trailer and enter onto the roadway of 1-83 Southbound. 8. The collision between the Quesenberry vehicle and the horse caused the injuries to Plaintiffs James Quesenberry and Sandra Quesenberry set forth below. COUNT I JAMES QUESENBERRY v. JOHN H. SALTZER NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiffs Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused by the negligence and carelessness of Defendant John H. Saltzer and was in no way caused or contributed to by Plaintiff James Quesenberry. 11. The negligence and carelessness of Defendant John H. Saltzer consisted of the following: a. failure to properly secure and/ or fasten trailer and/ or it's contents from becoming loose, detached or in any manner a hazard to other users of the highway; b. allowing a horse to escape from a trailer on an interstate highway and into the path of Plaintiffs vehicle; and c. violations of the Pennsylvania Motor Vehicle Code, which is negligence per se. 12. As a direct and proximate result of the accident, Plaintiff James Quesenberry suffered severe and what may be permanent injuries, which may include but are not limited to the following: a. concussion with loss of consciousness b. injury of the right shoulder 13. As a direct and proximate result of the accident, Plaintiff James Quesenberry has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff James Quesenberry has been advised and therefore avers that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff James Quesenberry has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff James Quesenberry suffered a permanent diminution of his ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. WHEREFORE, Plaintiff James Quesenberry demands judgment on the Defendant, John H. Saltzer, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT II SANDRA QUESENBERRY v. JOHN H. SALTZER LOSS OF CONSORTIUM 17. Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 18. As a direct and proximate result of Defendant John H. Saltzer's negligence, the Plaintiff, Sandra Quesenberry, has been forced to incur the loss of society, companionship and services of her husband, James Quesenberry. 19. The Plaintiff, Sandra Quesenberry, will continue to incur the same losses in the future, and thus, a claim for these past and future losses is made. WHEREFORE, the Plaintiff, Sandra Quesenberry, demands judgment on the Defendant, John H. Saltzer, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. Date: ftl ~ 8, CJ-OO ~ By: Charles E. Schmi LD. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL We, James Quesenberry and Sandra Quesenberry, his wife, hereby verify that we are the Plaintiffs in the foregoing action and that the attached Complaint is based upon the information which has been gathered by our counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not ours. We have read the Complaint, and to the extent it is based upon information which we have given to counsel, is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, we have relied upon counsel in making this Verification. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsifications made to authorities. -- ~~~ ~'Q="'''~ ""'" \~ Sandra Quesen15e Date: J./ /~S- J 0;3 I I N~~ + 'l- .~ & ~ ~ :V ~ ~ ~ :~~ --, ~-~ 1;) >) ,:*) - >I --:1 .c:. - ''If ' , c~' -0.. ~_.... ~- ;? {.'-) (/) - ~"': or j." :'1~- r:~ - :.J1 :) .r=- ....... -~~ JAM.ES QUESENBERRY and SANDRA QUESENBERRY, his wife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-2275 Civil Term v. JOHN H. SAL TZER, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, John H. Saltzer, with regard to the above-captioned matter. Respectfully submitted, Date: ~ By: C\- James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 . AND NOW, this CERTIFICATE OF SERVICE \~ay of June, 2003, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Charles E. Schmidt, Esquire SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, PA 17101 c~ -=- James G. Nealon, III, Esquire . ~ C> ~ W C- --{ ~U' c= -'-n If" % fil-' :l; N -,:oj;:; t7;~_ ~'::10 c:> 9,6 ~c -0 t::B 12 :):: ~~o ?orTl '=, ~ ? ?iJ eXl '< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND QUESENBERRY JAMES ET AL VS SALTZER JOHN H 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: SALTZER JOHN H but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 26th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 33.68 .00 70.68 06/26/2003 SCHMIDT RONCA :0 thorn., Klin~ ~ Sheriff of Cumberland County KRAMER Sworn and .:leo;) rJr.- subscribed to before me day of l Jry A.D. this }5 Q ht,;fJ.~ ~ prot"nonotfaly . . I JI-7 ~ hIT 3?t?- .ij21; '- COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (7t7) 771-9601 2B EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN ""';::X::':::,-::":,< ."'--""'.. .>' 1T",RU QO,tES 1 PLAINTIFF/SI Jemes Quesenberry et al 3. DEFENDANT/SI 2. COURT NUMBER 01-77.7') rivi 1 4. rYPE OF INRIT OR COMPLAINT John H. Saltzer Notice and Complaint SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. ~ John H. Saltzer ..,.,.. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORC, TVVP.. STATE AND ZIP CODE) AT 104 Ironstone Road New Cumberland, PA 17070 Fairview Twp. 7. INDICATE SERVICE: 0 PERSONAL a PERSON IN CHARGE XJQ DEPUTIZE ~c RT. Il 0 1ST CLASS MAIL 0 POSTED 0 OTHER nd NOW May 21 ,20...Q:L I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute "i\.Plld~e return t e cording to law. This deputization being made at the request and risk of the plaintiff. "?(. >~E'~!\( ~Il'. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE rland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. 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 sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 110. TELEPHONE NUMBER 111. DATE FILED CHARLES E. SCHMIDT OF SCHMIDT, RONCA & KRAMER 232-6300 5-12-03 (09 STATE )T. HBG, PA 17101 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 'E"lEmmmmm !Emimmil!mlil!!m....b.!_.i_"USEHI!IF1'HE.$HeRlllF~II~liioT_itE!SEI.tiGW'tl!ft'l.;iME 13. I aCknOW~edge ~e~ipt of the writ 114. !f~TZ~~COI~ED or complaint as mdlcated above. 16. HOW SERVED, POE ( ) SHERIFF'S OFFICE ( ) OTHER ( -;"''''''"",',;'''' 115 EW~'1,/~"d~g Oate SEE REMARKS BELOW EMPTS I Oate I Tim: 22. REMARKS' use I am unable to locate the individual, company, etc, named above. (See remarks below.ltft OORESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 15 e of 6:3120/1'r 0'0# "I"-I""I.I""I"-I'~I.I-I-I"'I.I"I-I bl~ 1-1"-1--1" 41. AFFIRMED and subscribed to before me this 23'Ami~t~I~:;:c~ostsI25' N/F 126. Mileage 127. postage! 28_ SubTotal 129. Pound 130_ Notary 131. surchg'132. TOI.CostsI33CoS~0",~R'fund~~lj 100.00 18.00 13.68 31.68 2.00 33.68 ~66.32 /J~95'8 34. Foreign County Costs )35. Advance Costs ]:36. Service Costs 137. Notary Cert. 138. Mileage/Postage/Not Found ]39. Total Costs 140. Costs Due or Refund '1A~_.J 't7J~'1.. , ~v~ . i1i!rrft~.H ngreent, ctl.ng Shenff fATE Coun Shen l< tG ::me ]. l:. . . 6/24/03 48. Sig~atureofFr ~ 49. DATE 4'7 County Sheriff tf URNAGNATURE \51. DATE RECEIVED 1: VVHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office JAMES QUESENBERRY and SANDRA QUESENBERRY, his wife,: Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant CML ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 25th day of July, 2003, I, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Plaintiff James Quesenberry's Responses to Defendant's Request For Production Of Documents by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 SCHMIDT, RONCA & KRAMER, P.C. ~QJ BY: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 8 <..,":) 0 c...:. " s: S ,,"-! cpo;; ~;:i );' fT, .,:,;;,..:1:< '" i-of Zr:; ":~' C"'J C/) .,- LO ---kS -< ;:~ I<C ::'2 -'-, ,~') .,", ~,:;: ~-'I!... D :s>C' "::' i:~.s rn c: --< ~ :.n 5:; (X> -< SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 25th day of July, 2003, 1, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Plaintiff Sandra Quesenberry's Responses to Defendant's Request For Production Of Documents by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 sc^~. KRAM~ P.C. BY: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 0 c~ Q C w '''q ;::: k ;:g 0:1 rr Z:."t' N -':r:.:...! ~S \.D =<~ ':) [<C v >\:d ~C :11: >',; (") d N ;:"'f'n >c :::.j ~ ;n '1:,.. :0 --.J -< EN6ERR'l and J~,,^ES aU~SESEN6ERR'l, his v.ri1e, s~NOR~ a PlaintiffS, ,,^,,^ON I'LE~S IN "tHE CoU~"tOOc~~~1'l I'ENN~' CU,,^6ERL~\'" ' NO.: 0'3-2275 Civil "term v. cN\L ~C"t\ON . L~W JUR'l "R\~L OEM~NOEO JOHN H. S~L lZER, oe1endant. ~O'T\CE 'TO PLEAQ TO'. James and Sandra Quesenberry. and their attorney, Charles E. schmidt, Jr., Esquire SCHMIDT, RONCA & KRAMER, P .C. 209 State Street Harrisburg. PA H~O~ YOU ARE HEREBY NOTIFIEO that the A",.e, to Co"pl,;ot ",t forth h.re;o 000";0' """ems ,g"O" you to whio" you ". required to re,pood with;o """otv (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, --- By: C\- O~/, to... Date: Cl 0\Jl W James G. Nealon, III, Esquire 1.0. #: 46457 24 ~ ~ North Front Street Harrisburg, PA H~ ~O 717/232-9900 J~MES QUESENBERRY and S~NDR~ QUESENBERRY, his ""ife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT'(, PENNA. NO.: 0'3-2275 Civil Term v. CIVIL ACTION. LAW JURY TRIAL DEMANDED JOHN H. SAL TZER, Defendant. ANSWER WITH NEW MATTER ~. Admitted. 2. Admitted. 3. It is admitted that the accident giving rise to the instant civil action ocou,red 00 De",mb" 3\. 2002. 00 1_83 ,"ut"boood. to t"e ,Idoily of the H~hlood p"k E,il. cum",,'ood Cooo~. pooO'''''oo;,. It I' dooled th,t the ,ocideot took pi'''' as alleged in the Plaintiffs' complaint. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. On the contrary. Defendant Saltzer properly secured the horse trailer and horse. By way of further averment, the accident occurred because an unidentified vehicle suddenly and without warning cut off the Saltzer vehicle. 8. Denied pursuant to PaRC.p. ~029(e). COUNT I 9. paragraphs ~ through 8 are incorporated herein by reference thereto as if James Quesenberry v. Jl)hn H. Saltzer set forth at length. ~0.-~6. Denied pursuant to PaRC.P. ~029(e). COUNT \I Sandra Quesenberry v. John H. Saltzer ~ 7. Paragraphs ~ through 16 are incorporated herein by reference thereto as if set forth at length. 18.-~9. Denied pursuant to PaRC.P. ~029(e). NEW MATTER 20. Paragraphs 1 through ~9 are incorporated I~erein by reference thereto as if set forth at length. 21. Any damages to which the Plaintiffs are entitled are to be reduced in whole, or in part. in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. S1701, et seq. 22. The accident giving rise to the instant civil action was caused due to the conduct of an unidentified driver who suddenly and without warning cut off the Saltzer vehicle. 23. Any damages to which the Plaintiffs are entitled are to be reduced in whole, or in part, in accordance with the Pennsylvania Comparative Negligence Act due to the contributory negligence of the Plaintiff James Quesenberry. Respectfully submitted, By: C{~ Date: ~ James G. Nealon, III, Esquire 1.0. #: 46457 241 ~ North Front Street Harrisburg, PA 171 ~O 717/232-9900 2 ~ VERIFICATION I. JOHN H. SAL TZER. verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 1B Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date: AIICf f) 193 r/ LL ~~-- ~~~AL TZER CERTIFICATE OF SERVICE Qf fi.Jl-- AND NOW, this ~ day of August. 2003. I hereby certify that I have served the foregoing ANSWER WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Charles E. Schmidt, Jr., ESQuin~ SCHMIDT, RONCA & KRAMER, P.C. 209 State Street Harrisburg, pA ~ 71 01 James G. Nealon, III, Esquire , 0 C7' ("") f; '-'-' ~~l'i S ~ ~':;1 "'"On:) ~"'t, nit'!"! :;') "- Z'J ,'i'-.) ~.l (i). .-l "' n,_" -<./ C> ~l...: ""'"':"1 :4 :F.; C) --".. C'o-) S;8 rn j :"-1 ~ '.n ):... Xl -, c.:> -< JAMES QUESENBERRY and SANDRA QUESENBERRY, his wife, Plain tiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 03-2275 CIVIL TERM JOHN H. SALTZER, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT AND NOW, come the Defendants, James and Sandra Quesenberry, by their attorneys, Schmidt, Ronca & Kramer, P.C., who file the following reply to the New Matter of Defendant, John H. Saltzer: 20. Paragraph 20 does not require a responsive pleading. 21. Paragraph 21 contains conclusions oflaw to which no response is required. 22. The Plaintiffs are unable to admit or deny the allegation contained in paragraph 22 because the means of proof are within exclusive control of the Defendant, and Plaintiffs demand strict proof of the same. 23. Paragraph 23 contains conclusions of law to which no response is required. By way of further answer, Plaintiff James Quesenberry denies that he was in any way comparatively negligent for reasons more particularly set forth in Plaintiffs' Complaint. WHEREFORE, Plaintiffs demand judgment in accordance with the prayer for relief contained in the Complaint filed in this action. Respectfully submitted, SCHMID '~?fCA & K :/ 1 _f\,. ,. I, I "f--" 'i '/ "L' i V ( By: '......-..:::... Charles E. Schmidt, J Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6<100 ER,P.C. Date: ql:)o~ Attorneys for Plaintiffs VERIFICATION I, Charles E. Schmidt, Jr., attorney for Plaintiffs, verify that I am attorney of record for the Plaintiffs, and that the foregoing document contains no facts within the knowledge of the Plaintiffs, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiffs' behalf. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. 134904 relating to unsworn falsifications to authorities. SCHMIDT ~ONCA & ~R /~r l6~{{;\ Charles E. Schmidt, Jr. 209 State Street Harrisburg, PA 17101 Attorney LD. #19198 (717) 232-6300 R,P.C. By: DATE: ql3Jo~ Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 4th day of September, 2003, 1" Charles E. Schmidt, Jr., Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Reply to New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 By: Charles E. Schmid 1,0.# 19198 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 Attorney for Plaintiffs o C Ll~ n-]!'"!'I Z:-.. -;-,::r.: ~> r:::C < ~,,,-~ 6;:(-, pC.:' :z; -<' CJ c...:: () 0/) cq "0 OJ r"! I<"l j,L. j~..1 c~ :'b ';.'~") ;'-jlll ;3 -< ~ C) :n JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESEN~ERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, . Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 5th day of November, 2003, I, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Plaintiffs' Interrogatories Directed to Defendant by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 SCHMIDT F .. KRAMER, P.C. BY: /\} ~. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 0 C> ~ ~ w "" 2: 520' c:> :n L!' ""-- r- ,.,.r I ,rTI z:c ~-;~? c:n "~ 0'> ~c: :'::-.j(J -U 'f~=A er-' ::r )- ~(~: ;'ch{ ::P-c.: N 0 z: N b! :~ N ~ JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENBIERRY and JAMES QUESENBE!RRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 5th day of November, 2003, I, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Plaintiffs' First Set of Requests for Production of Documents Addressed to Defendant by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 SCHMIDT, tCA .. KRAMER, P.C. BY: ^ <r: ~ Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232..6300 8 0 Q w ;::: ;z: ;:g If: C) -r-~ ..;::: I"" .z:....~ I .-3l~~ 6ii C1"> ~~, ;~=; ,,0 -0 " ~CJ ::r ;-:5:Q "'C >8 ~ 3rn ~ N ~ '" -< JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs v. : CIVIL ACTION - LAW : NO. 03-2275 Civil Term / JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, come the Plaintiffs, JAMES QUESENBERRY AND SANDRA QUESENBERRY, by and through their attorneys, Schmidt, Ronca & Kramer, P.C., hereby move this Honorable Court to enter an Order compelling Defendant John H. Saltzer, to answer Interrogatories pursuant to Pa.R.C.P. 4006, and imposing sanctions upon Defendant John H. Saltzer, pursuant to the provisions of Pa.R.C.P. 40 19(a)( I)(i), and in support thereof, respectfully submit the following: I. This case arises out of a motor vehicle accident which occurred on or about December 31,2002. 4 2. On May 12, 2003, Plaintiffs filed suit against Defendant John H. Saltzer. 3. On November 5, 2003, Plaintiffs' counsel's office forwarded via regular mail Interrogatories upon counsel for Defendant John H. Saltzer, directed to said Defendant to be answered within thirty (30) days of the date of service. (A copy of the Interrogatories are attached hereto at Exhibit "A".) 4. The Defendant never filed Objections within thirty (30) days as specified by Pennsylvania Rules of Civil Procedure 4005(b). 5. By letter dated December 8, 2003 Plaintiffs' counsel requested a response to the Interrogatories from Defendant's counsel. (See letter attached at Exhibit "B".) 6. By letter dated January 6, 2004, Plaintiffs' counsel wrote to Defendant's counsel following a conversation among counsel that all discovery would be received in two weeks. (See letter attached at Exhibit "C".) 7. Defendant's counsel responded to Plaintiffs Request for Production of Documents on or about January 12, 2004; however, no answers have been received to Plaintiffs' Interrogatories to date. 8. The Defendant has never filed Objections with the court. 9. The Defendant has not filed a Motion for a Protective Order with this or any court. 10. The information sought in the Plaintiffs' discovery requests are discoverable pursuant to the Pennsylvania Rules of Civil Procedure. 5 11. The information sought in the discovery requests are essential to the Plaintiffs in order to properly prepare for trial and for depositions. WHEREFORE, Plaintiffs James Quesenberry and Sandra Quesenberry respectfully request that this Honorable Court enter an Order directing the Defendant to answer Interrogatories within twenty (20) days or suffer sanctions pursuant to the Pennsylvania Rules of Civil Procedure. ER,P.C. By: Date: dfrol6\ Charles E. Schmid, Jr. ID # 19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiffs 6 JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs v. : CML ACTION - LAW : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CML ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF NON-CONCURRENCE I, Charles E. Schmidt, Jr., Esquire, certifY that I telephoned Defendant's Counsel, James G. Nealon, Esquire, in the above-captioned matter, on Monday, February 2,2004 and asked for his concurrence. Mr. Nealon did not respond to my telephone call. SCHMI , ~O N0.... & ER, P.C. i/. ' J~~, ,', -' >-J: ) By: Date: d{tDI6\ Charles E. Schmidt, r. ID # 19198 209 State Street Harrisburg, PA 17101 717 -232-6300 Attorney for Plaintiffs ATTORNEY VERIFICATION I, Charles E. Schmidt, Jr., Esquire, verify that I am attorney of record for the Plaintiffs. I verifY that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. 134904 relating to unsworn falsifications to authorities. ER,P.C. By: Date: d f c(L), Charles E. Schmidt, Jr. ID # 19198 209 State Street Harrisburg, PA 17101 717 -232-6300 Attorney for Plaintiffs JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs v. : CML ACTION - LAW JOHN H. SALTZER, Defendant : NO. 03-2275 Civil Term : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this l O~ day of February, 2004, I, Charles E. Schmid, Jr., Esquire, hereby certify that I have this day served a true and correct copy of the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 Respectfully, ubmitted, ER,P.C. SCHMIDT. By: Charles E. Schmidt ID # 19198 209 State Street Harrisburg, PA 17101 717 -232-6300 Attorney for Plaintiffs JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs : CML ACTION - LAW v. : NO. 03-2275 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' INTERROGATORIES DIRECTED TO DEFENDANT To: Defendant John H. Saltzer c/o James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 PURSUANT TO THE PROVISIONS of Pa.R.C.P. 4005 and 4006 as amended, you are required to serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days after service of the Interrogatories. DEFINITIONS 1. "Plaintiffs" mean James Quesenberry and/or Sandra Quesenberry. 2. "Defendant" or "Defendants" means John H. Saltzer. 3. "Document" means any writing of any kind, including written, recorded or graphic matter, however produced or reproduced. It includes all matters that relate to or refer to in whole or part to the subject referred to in any Interrogatory. If a document has been prepared in several copies or if additional copies have been made and the copies are not identical (or by reason of subsequent modification by the addition of notations or other modifications, copies are no longer identical) each non-identical copy is a separate "document". The term "document" includes, but is not limited to, correspondence, personal and interoffice memoranda, notes, diaries, log books, statistics, letters, telegrams, minutes, contracts, reports, studies, check statements, receipts, returns, summaries, pamphlets, book, interoffice and intraoffice communications, notations or memoranda of conversations, bulletins, printed matter, computer printouts, teletypes, invoices, recordings, work sheets, work papers, and all drafts, alterations, modifications, changes and/ or amendments of any of the foregoing. 4. "All documents" means each and every document as above defined known to you and every such document which may be located or discovered by reasonable effort. 5. The term "possession, custody, or control" includes the joint or several possession, custody or control not only by defendant, but also by each and any person acting or purporting to act in concert with or on behalf of the defendant whether as an employee, attorney, accountant or otherwise. 6. "Identify" or "Identification" when used in reference to any natural person means to state the full name of such person, if known, his present or last known address, telephone number, his present or last known position and/or business affiliation, and his business address and telephone number. 7. "Identify" or "Identification" when used in reference to a document means to state the type of document, for example, e.g. letter, memorandum, telegram, etc., its date, the number of the addressee or addresses, the number of the sender or senders, the title or heading. If the document is pre-printed, the present location of such document, and all known copies. If a document is not in defendant's possession, custody or control, state what disposition has been made of such document and all copies. 8. "Identify" or "Identification" when used in reference to a person other than a natural person means to state the nature of such person (e.g., corporation, partnership, proprietorship, etc.), full name, address, and telephone number. Identify those persons employed by such entity with whom you dealt and state the subject matter with respect to which you dealt with such person. 9. "Incident" means the occurrence, as more particularly set forth in Plaintiffs Complaint. INSTRUCTIONS 1. These Interrogatories shall be deemed to be continuing and if between now and the time of trial any additional information comes into your custody, possession or control, you shall be under a continuing obligation to supplement your answers to these Interrogatories. 2. If any objection is asserted to any interrogatory or document withheld under claim of privilege, please state the following: a. Identify the information or document withheld; b. State the nature of the asserted privilege and the basis upon which it is claimed; and c. Provide a general description of the nature and subject matter of the information or the documents withheld. 1. Personal Information. State: (a) your full name; (b) each other name, if any, which you have used or by which you have been known; (c) the name of your spouse at the time of the accident and the date and place of your marriage to such spouse; (d) the address of your present residence and the address of each other residence which you have had during the past five years; (e) your present occupation and the name and address of your employer; (D date of your birth; (g) your social security number; (h) your military service and positions held, if any; and (i) the schools you have attended and the degrees or certificates awarded, if any. ANSWER: 2. Insurance. If you are covered by any type of insurance, including any excess or umbrella insurance, what might be applicable to the incident in this matter, state the following with respect to each such policy: (a) the name of the insurance carrier which issued the policy; (b) the named insured under each policy and the policy number of each policy; (c) the type(s) and effective date(s) of each policy; (d) the amount of coverage provided for injury to each person, each occurrence, and in the aggregate for each policy; and (e) each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: 3. Factual basis for claims and defenses. State with particularity the factual basis for each claim or defense you are asserting in this case. ANSWER: 4. Witnesses. (a) Identify each person who (1) was a witness to the incident 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, at the time of, or after the incident. (b) with respect to each person so identified, state that person's exact location and activity at the time of the incident. ANSWER: 5. Statements. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) the identity of such person; (b) when, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) the identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 6. Reports of incident. Identify documents (except reports of experts subject to Pa. R.C.P. 4003.5) which describe the incident or the cause thereof. ANSWER: 7. Criminal charges related to the incident. If you have been charged with any criminal violations as a result of the incident, describe the charges and identify all documents filed or served in connection with those charges. ANSWER: 8. Demonstrative evidence. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: (a) the nature or type of such item; (b) the date when such item was made; (c) the identity of the person that prepared or made each item; and (d) the subject that each item represents or portrays. ANSWER: 9. Trial preparation material. If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any investigations of the incident, identify: (a) each person, and the employer of each person, who conducted any investigation(s); and (b) all notes, reports, or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: 10. Trial witnesses. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 11. Expert witnesses. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) the subject matter about which the expert is expected to testify; and (b) the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER: 12. Trial exhibits. IdentifY all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 13. Books, magazines, etc. If you intend to use any book, magazine, or other such writing at trial, state: (a) the name of the writing; (b) the author of the writing; (c) the publisher of the writing; (d) the date of publication of the writing; and (e) the identity of the custodian of the writing. ANSWER: 14. Admissions If you intend to use any admission(s) of a party at trial, identify such admission(s). ANSWER: 15. Physical or mental disability. If you were under any physical or mental disability at the time of the incident, explain the disability. ANSWER: 16. Horse Trailer information. With respect to the horse trailer involved in the incident, state: (a) the identities of the owner(s); (b) the make, model, and year; (c) The Pennsylvania registration number; and (d) Whether it had a current inspection sticker, and if so, please identify the place where the inspeclion occurred. ANSWER: 17. Horse trailer damage. With respect to the horse trailer involved in the incident, state: (a) the nature of any damage existing prior to the incident; (b) the identity of any person who performed repairs to the trailer following the incident; (c) the total amount of the repair bills(s), or if not yet repaired, the total estimated costs of repairing the trailer or the estimated value of the damages to the trailer (include the identity of the person furnishing any such estimate); (d) the date and place of the last state inspection prior to the incident and identify the person making said inspection; and (e) the nature of any defect in or problem with the trailer and the length of time such defect or problem existed. ANSWER: 18. Photographs. Are you or anyone acting on your behalf in possession of or know of the existence of any photographs of the instrumentalities, equipment, tools, locality, surrounding area or any other thing or matter involved in the incident in suit? If so, state, the date or dates such photographs were taken, and the names and addresses of the persons taking them. ANSWER: 19. Witnesses. If any of the witnesses listed in Interrogatory No. 5 whom you propose to use at the trial are related to you, or to each other, please state the nature of such relationship. ANSWER: 20. Witnesses II. State the name, address (including the street, street number, city and state), occupation, place of employment of every person interviewed by you or by anyone acting on your behalf in regard to the above-titled action along with the date and place of such interview, the name of the person conducting the interviews, and the relationship of such interviewer to the Defendant. ANSWER: 21. Investigation. Has an employee of your corporation, partnership, or business entity participated in any investigation concerning the facts and circumstances concerning this litigation? If so, please identify the individual, his qualifications, and any opinions he may have concerning liability, causation, or damages regardless of whether you plan on calling him as a witness. Lansaw v. Lennox Ind.. Inc., 144 Pitt.L.J. 537 (1996). ANSWER: Respectfully submitted, BY: Date: \Vy ~ Charles E. Schmidt, Jr., Esquire Attorney J.D. #19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiffs JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PE1f!iA 8 ~ Plaintiffs ~. ',. -- : CIVIL ACTION - LAW ~ir :Cl : NO. 03-2275 Civil Term i~;' .;: l.._ ;;? v. JOHN H. SALTZER, Defendant .' '::"::l ,~ r.J .:: i~ ."' ::< : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2277 Civil Term . . JOHN H. SALTZER, Defendant : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 5th day of November, 2003, I, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Plaintiffs' Interrogatories Directed to Defendant by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 SCHMIDT, RONCA & KRAMER, P.C. A~ I Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 BY: 209 State Street Harrisburg, Pennsylvania 17101 717.232.6300 FAX 717.232.6467 www.srkJaw.com 1528 Walnut Street. 3rd Floor Philadelphia, PA 19102 215.790.7303 VOICE 215.546.0942 FAX S~~h}_}lj~lJ.~_RcH lC~l ().~ KLdT1Ci- !)( INJURY LAWYERS . December 8, 2003 James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 Re: James Quesenberry v. John Saltzer Sandra Quesenberry v. John Saltzer Dear Mr. Nealon: I would appreciate you forwarding your client's answers and responses to . Plaintiffs' discovery prior to the depositions on December 29,2003. If you have any questions, please let me know. Thank you. ~c.K Charles E. Schmidt, Jr. Attorney at Law ~, RONCA & KRAMER, P.C. CES/ stp 209 State Street Harrisburg. Pennsylvania 17101 717.232.6300 FAX 717.232.6467 www.srklaw.com 1528 Walrut Street, 3rd Floor Philadelpha, PA 19102 215.790.7303 VOICE 215.546.0942 FAX ,Schmidt, Ronca & Kramer PC INJURY LAWYERS . January 6, 2004 James G. Nealon, Esquire Nealon & Gover, P.C. 2411 N. Front Street Harrisburg, PA 17110 Re: James Quesenberry v. John Saltzer Sandra Quesenberry v. John Saltzer Dear Jim: Based on our conversation of January 2, 2004, This will confirm that I can expect to receive responses to our discovery in the above-referenced actions within two weeks. Thank you for your ongoing cooperation in this matter. Very ,truly yours, / I serr. ,RONCA .. KRAMER. P.C. ~'(\l~& Charles E. Schri~, Jr. Attorney at Law CES/ ksd cc: James and Sandra Quesenberry ",.-., - , , o C -r,~ rfl}'~: ::':';'. 71'" ~1:; ~:,-~, <"c C' ""'t:-... ~) -c: -:)" ~ ...., = = -""" .." ,." 0:> o .." -l :C..." n'r-.:,.; -om ~o9 Ob =r! "T; <5:!J ---(~ esrn .:~ l' jJ -< """0 ~. ~ N . D JAMES QUESENBERRY and : IN THE COURT OF COMMON PLEAS SANDRA QUESENBERRY, his wife,: CUMBERLAND COUNTY, PENNA Plaintiffs v. : CIVIL ACTION - LAW : NO. 03-2275 Civil Term--- JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED SANDRA QUESENBERRY and JAMES QUESENBERRY, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA Plaintiffs : CIVIL ACTION - LAW v. : NO. 03-2277 Civil Term JOHN H. SALTZER, Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ---.fi.~ay of h/l , 200~, a Rule is directed upon Defendant John H. Baltzer to show cause, if any, why Plaintiffs' Motion To Compel Answers to Interrogatories should not be GRANTED. Rule returnable 2-;) days from service. By the Court, 2 f-f ~t ~r f..> (':J YJ r ...J:j V/,\l\//\ ~i)\ '~:,"\ t\L~: d \J.~"I-v"1 -. "A[~~ I '. J',_".. . '";1,.' 1...) 8 (; : IJ UV 61 8J.:Ji!aoz 1:'\"i("\:nlj'(~11 j '1.1' '0 .f\,dV.l..,....'j.:I..Ji.j.LI...ICO :;, do.:::; :iJi.:l:!O-O:17U CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS QUESENBERRY TERM, -VS- CASE NO: 03-2275 SALTZER AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAMES G. NEALON, III, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. M on be~h ;J C I, .{~ -;zJJ: ~ M S G. NE 0, III, ESO. J . ,Attorn~ for DEFENDANT -/ DATE: 05/04/2004 DEll-490182 50217 -LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS QUESENBERRY TERM, -VS- CASE NO: 03-2275 SALTZER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GREEN HILL FAMILY HEALTH CTR ORTHOPEDIC INSTITUTE OF PA. FCI ELECTRONICS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT TO: CHARLES E. SCHMIDT, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/14/2004 MCS on behalf of JAMES G. NEALON, III, ESQ. Attorney for DEFENDANT CC: JAMES G. NEALON, III, ESQ. - 03-366 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-262569 50217 - C 01 COMMONWEAUH OF PENNSYLVANIA COUNTY OF CUMBERLAND QUESENBERRY FileNo. 03-2275 vs. SALTZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREEN HILL F AMIL Y HEALTH CTR (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: **** SEE AITACHED RIDER **** at The MCS Group Ine ] 60] Market Street Suite 800 Philadelphia P A 19103 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 FOLLOWlNG PERSON: NAME: ADDRESS: JAMES G. NEALON. III. ESO. 241 I N. FRONT STREET HARRISBlJRG.PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A ITORNEY FOR: Defendant BY THE COURT: MAY 0 4 7004 Date: o,';f /01 200'1 Seal of the Court Cl..o.:T, ; Prothonotary/Clerk, Civi D' ISlOn {l~< 0 J~I,tJtJ~~ ~ 50217-01 EXPLANATION OF REQUIRED RJECORDS TO: CUSTODIAN OF RECORDS FOR: GREEN HILL F AMIL Y HEALTH CTR 503 BRIDGE STREET NEW CUMBERLAND, PA 17070 RE: 50217 SANDRA QUESENBERRY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: SANDRA QUESENBERRY 105 SHADY LANE, YORK HAVEN, PA 17370 Social Security #: 169-54-1556 Date of Birth: 02-17-1959 SUI0-498778 S02l7-LOl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS QUESENBERRY TERM, -VS- CASE NO: 03 -2275 SALTZER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAMES G. NEALON, III, ESQ. certifies that (1) A notice of intent to serve the subpoena wit:, a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/04/2004 JAMES G. NEALON, III, ESQ. Attorney for DEFENDANT DEll-490183 50 217 -LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS QUESENBERRY TERM, -VS- CASE NO: 03-2275 SALTZER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GREEN HILL FAMILY HEALTH CTR ORTHOPEDIC INSTITUTE OF PA. FCI ELECTRONICS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT TO: CHARLES E. SCHMIDT, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a suhpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/14/2004 MCS on behalf of JAMES G. NEALON, III, ESQ. Attorney for DEFENDANT CC: JAMES G. NEALON, III, ESQ. - 03-366 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-262569 50217 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND QUESENBERRY FileNo. 03-2275 vs. SALTZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA. (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER .... at The MCS Group Ine 1601 Market Street Suite 800 Philadelphia P A 19103 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 TIIE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JAMES G. NEALON. III. ESO. 2411 N FRONT STREET HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant Date: MAY 0 4 20r14 Dt...."} ) d.... d-t.'t)Cf Seal of the Court BY THE COURT: ~4' K ~~'ii; Prothonotary/Clerk, Civi D' / ision (1.," 0 Yh.ll7P'u D;(:f 50217-02 EXPLANATION OF REQUIRED RJECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA. 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 50217 SANDRA QUESENBERRY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: SANDRA QUESENBERRY 105 SHADY LANE, YORK HAVEN, PA 17370 Social Security #: 169-54-1556 Date of Birth: 02-17-1959 81110-498780 S0217-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS QUESENBERRY TERM, -VS- CASE NO: 03-2275 SALTZER AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAMES G. NEALON, III, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on t,ehalf of DATE: 05/04/2004 JAMES G. NEALON, III, ESQ. Attorney for DEFENDANT 0811-490184 5021-7 -LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS QUESENBERRY TERM, -VS - CASE NO: 03-2275 SALTZER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GREEN HILL FAMILY HEALTH CTR ORTHOPEDIC INSTITUTE OF PA. FCI ELECTRONICS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT TO: CHARLES E. SCHMIDT, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/14/2004 MCS on behalf of JAMES G. NEALON, III, ESQ. Attorney for DEFENDANT CC: JAMES G. NEALON, III, ESQ. - 03-366 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-262569 50217 - C 01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND QUESENBERRY FileNo. 03-2275 vs. SALTZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FCI ELECTRONICS (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: .... SEE ATTACHED RIDER .... at The MCS Graun Ine ]601 Market Street Suite 800 Philadelphia PA ]9103 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 adldress 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: ADDRESS: JAMES G. NEALON. III. ESO. 2411 N. FRONT STREET HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ~,.. Prothonotary/Clerk, Civi D' ( l.,u.-O ~ ~ Date: MAY 0 4 2004 L21eA-J / J, dJJv Y J Seal of the Court 50217-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FCI ELECTRONICS 825 OLD TRAIL ROAD ETTERS, PA 17339 RE: 50217 SANDRA QUESENBERRY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: SANDRA QUESENBERRY 105 SHADY LANE, YORK HAVEN, PA 17370 Social Security #: 169-54-1556 Date of Birth: 02-17-1959 S1J10-498782 50217-L03 C) S \.+) C~ ~-':~ ~< r--> (;,:.~ = or- o "T1 ~" rn-- ,- ~g !7l oY ::,:IV +.'_ r, ():n -.:..C) Om -.... ~ -< :l':: :\.;1.,. -< I -..J :.~ 3>.: N (.oJ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURsuANT TO RULE 4009.22 COURT OF COMMON PLEAS IN THE MATTER OF: TERM, QUESENBERRY CASE NO: 03-2275 -VS- SALTZER " . """."," '0 ",.", 0' , ,.,,0'" '0' ",."", "d ,,',g' ,.".", to Rule 4009.22 MCS on behalf of JAMES G. NEALON, III, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty dayS prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is, identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/04/2004 DEll-490178 50~70-LO: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS QUESENBERRY TERM, -VS- CASE NO: 03-2275 SALTZER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 GREEN HILL FAMILY HEALTH CTR MEDICAL RECORDS TO: CHARLES E. SCHMIDT, JR., ESQ., PLAINTIFF COUNSEL MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/14/2004 MCS on behalf of JAMES G. NEALON, III, ESQ. Attorney for DEFENDANT CC: JAMES G. NEALON, III, ESQ. - 03-366 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-262566 50170 - C 0 1 COMMONWEALTH. OF PENNSYLVANIA COUNTY OF CUMBERLAND QUESENBERRY File No. _ 03-2275 vs. SALTZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREEN HILL F AMIL Y HEALTH CTR (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: **** SEE ATTACHED RIDER **** at The MCS Grouo Ine 1601 Market Street Suite 800 Fhiladelohia FA 19103 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: ADDRESS: JAMES G. NEALON. III. ESO. 241 I N. FRONT STREET HARRISBURG.PA 17]01 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ~ /.)...Un;v ~, Prothonotary/Clerk, Civ ~2:tL' Q )nAPP,</ Seal of the Court 50170-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREEN HILL FAMILY HEALTH CTR 503 BRIDGE STREET NEW CUMBERLAND, P A I7070 RE: 50170 JAMES QUESENBERRY Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: JAMES QUESENBERRY 105 SHADY LANE, YORK HAVEN, PA 17370 Social Security #: 169-44-5868 Date of Birth: 09-27-1952 SUIO-498776 5 a l7 a -La l 0 ,..., = 0 !~~ = " N-; -""" TI ::Jl: :I! 1--;-' , ;t.... rniJl ---;;, -< "/ ,--- -Og ~) , :0 -.J 0 r:;~ c- -;:1,. jc~ C' ",... rs :rJ 2: C' ~ "<;i ):;. c:: - Or ~..: " ~-4 ~ "', iJ (..) -< JAMES QUESENBERRY and SANDRA QUESENBERRY, his wife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03.2275 Civil Term v. JOHN H. SAL TZER, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE To the Prothonotary: Please mark the above captioned matter settled, disc Date: f)J Cf. .JfX& , Charles . S midt,Jr. SCHMDT, RONCA & KRAMER,PC 209 State St. Harrisburg, Pa. 17101 ..' (') f~ '" = = c.n a c-o -I I en ;. ,'P S:: ':::3 -, ;? "::' N o ,'J ._, T,'j. ;.'?~~ ') .!.. -'~::-i t,_) -...,.: ;:'"') i"j")