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HomeMy WebLinkAbout07-6696 BARRY FIRESTONE Plaintiff V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 0 '7 - S & q U G-v3 ( 4e f-"- CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE CUMBERLAND COUNTY PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and returned to the undersigned for service upon: Rodney Lee Remley 402 E. Pine, Apt. B Metamora, IL 61548 Date: 11'S /0 7 Parsons Company, Inc. 1386 State Route 117 Roanoke, IL 61561 MCSHANE & HITCHINGS, LLC ), - 2' 1 ?k7jt ph L. itc hings,'Esq e rt e orney I.D.# 65551 4807 Jonestown Road, Suite 148^ Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 Attorney for Plaintiff s A jff A* -' p a' P f -J3--% { (t7-,/ 4w , - ---* WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date:- 5 067 i Prothonotary By: ?? 2 Deputy .;t DONALD M. DESSEYN, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEYS FOR DEFENDANTS BARRY FIRESTONE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6696 CIVIL TERM CIVIL ACTION - LAW RODNEY LEE REMLEY, and PARSONS COMPANY, INC. JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Rodney Lee Remley and the Parsons Company, Inc., in the above-captioned matter. Date: February 14, 2008 By: D Desseyn, squire Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this 14th day of February 2008, I, Donald M. Desseyn, Esquire, Attorney for Defendants, hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Joseph L. Hitchings, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 By: Donald sseyn, quire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 C_. ? ?.:f i"aM t ? - r?s -,-; +-r cn .. `_ ._? i ti i .. ?Y? ?? _... .?:?` v,i..l ?4:- ? ` ^? (?+=• Mechanicsburg, PA 17055 (717) 791-0400 DONALD M. DESSEYN, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 BARRY FIRESTONE, Plaintiff V. ATTORNEYS FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6696 CIVIL TERM CIVIL ACTION - LAW RODNEY LEE REMLEY, and PARSONS COMPANY, INC. JURY TRIAL DEMANDED Defendants RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Plaintiff, Barry Firestone, to file his Complaint against Defendants, Rodney Lee Remley and Parsons Company, Inc. within twenty days (20) from the date of service hereof; otherwise, judgment of non pros to be entered in accordance with Rule 1037(a) of the Pennsylvania Rules of Civil Procedure. Date: v Zao? By: o Donald quire Attorney for Defendants WRIT AND NOW, this --Alt-day of _ MQ,t h 2008, in accordance with the aforesaid Order, a Rule is issued upon Plaintiff, Barry Firestone to file his Complaint against Defendants, Rodney Lee Remley and Parsons Company, Inc. within twenty days from the date of service hereof, otherwise, judgment of non pros to be entered in accordance with Rule 1037(a) of the Pennsylvania Rules of Civil Procedure. Prothonotary i ? CERTIFICATE OF SERVICE AND NOW, this 7th day of March 2008, I, Donald M. Desseyn, Esquire, Attorney for Defendants, hereby certify that I served a copy of the within Rule to File Complaint and Writ for the same on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Joseph L. Hitchings, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 By: -,/ Donald esseyn, squire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 N ? O 7 Cz7 V, BARRY FIRESTONE, Plaintiff V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ©7- NO.: 6696 -CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE, PROTHONOTARY OF CUMBERLAND COUNTY PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this;,.'-' day of April 2008, comes the undersigned counsel, Joseph L. Hitchings, Esquire, on behalf of Plaintiff, Barry Firestone, and respectfully requests that his appearance be withdrawn in the above-matter. Respectfully submitted, ,Joseph L. Hatchings, Esquire Attorney ID No.: 65551 P.O. Box 1249 Mechanicsburg, PA 17055 Telephone: (717) 503-7321 PRAECIPE TO ENTER APPEARANCE Please enter my appearance as Attorney for Plaintiff in the above case. Respectfully submitted, The McShane FirLC Shawn M. Curry, Attorney ID No. 202061 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 (717) 657-3900 Attorney for Plaintiff r .? BARRY FIRESTONE, Plaintiff V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 6696 - CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am, on this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rules of Civil Procedure: Service Via First Class Mail to the following: Donald M. Desseyn, Esquire 4999 Louise Drive, suite 103 Mechanicsburg, PA 17055 Shawn M. Curry, EsyuixO"-' Attorney ID No. 202061 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Telephone: (717)657-3900 Attorney for Plaintiff BARRY FIRESTONE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 07-6696 CIVIL TERM RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants. CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT ?jday AND NOW, this of April, 2008, comes the Plaintiff Barry Firestone, by and through his undersigned attorneys, The McShane Firm, LLC, and Shawn M. Curry, Esquire, and avers in support of his Complaint against Defendant as follows: 1. Plaintiff, Barry Firestone, is an adult individual residing at 1851 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Rodney Lee Remley is an adult individual residing at 402 East Pine, Apartment B, Metamora, Illinois 61548. 3. Defendant Parsons Company, Inc., is a foreign limited liability company doing business in the Commonwealth of Pennsylvania and is located at 1386 State Route 117, Roanoke, Illinois 61561. 4. On November 6, 2005, at approximately 10:10 a.m., Plaintiff was operating a 1989 Chevy Celebrity car bearing Pennsylvania VIN IG1AW51WOK6170676 and was stopped at a traffic signal at the intersection of Route I 1 North and the Interstate-81 off-ramp. 5. At said time and place, Defendant Rodney Lee Remley was operating a 2004 Chevy 4500 truck bearing VIN 1 GBC4C 1124F508908, and approaching the rear of the vehicle driven by Plaintiff. 6. At all times material hereto, Defendant Rodney Lee Remley was an employee and was acting and operating within the scope of his employment with Defendant Parsons Company, Inc. 7. At all times material hereto, Defendant Parsons Company, Inc., was the listed owner of the 2004 Chevy truck operated by Defendant Rodney Lee Remley. 8. At said time and place, the Chevy truck being operated by Defendant Rodney Lee Remley failed to stop behind the vehicle driven by Plaintiff, collided with the rear of Plaintiff's vehicle, and pushed Plaintiff's vehicle forward into the middle of the afore-stated intersection. COUNTI PLAINTIFF v. DEFENDANT RODNEY LEE REMLEY 9. Paragraphs one (1) through eight (8) hereof are incorporated by reference as if the same were fully set forth herein. 10. The collision of the Defendant's vehicle with the Plaintiff's vehicle was a direct and proximate result of the careless and negligent conduct of Defendant Rodney Lee Remley, including but not limited to: a. Failing to maintain a proper lookout; b. Failing to properly observe traffic signals controlling Defendant's direction of travel; C. Failing to operate his vehicle in accordance with existing traffic conditions and controls; d. Failing to keep his vehicle in proper and adequate control; e. Failing to observe Plaintiff's vehicle on the highway; f. Failing to apply his brakes in time to avoid the collision; g. Permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the plaintiff, h. Operating his vehicle in a careless, reckless and negligent manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania; and, Operating his vehicle in careless disregard for the lives and property of others in violation of 75 Pa.C.S.A. §3714. 11. The impact of the Defendant's vehicle with the Plaintiffs vehicle caused his seat to break and his car to be declared a total loss. 12. After the accident, Plaintiff immediately sought medical treatment and was transported by way of ambulance to Holy Spirit Hospital in Camp Hill, Pennsylvania. 13. As a direct and proximate result of the careless and negligent conduct of Defendant Rodney Lee Remley, Plaintiff sustained the following injuries and/or aggravations of pre-existing conditions, some or all of which may be permanent: a. Acute exacerbation and acceleration of degenerative joint disorder in back; b. Whiplash syndrome; C. Neck and shoulder strain and pain; d. Back strain and pain; e. Left-sided pain; f. Headaches; g. Depression; h. Anxiety; and, i. Sleep deprivation. 14. As a direct and proximate result of the careless and negligent conduct of Defendant Rodney Lee Remley and the injuries suffered in the accident, Plaintiff was unable to work for a period of time resulting in lost wages. 15. As a result of the accident and the injuries sustained therein, Plaintiff has suffered serious and permanent injury, which required medical treatment, for which he has incurred medical bills and expenses and may require further medical treatment and expenses in the future. 16. As a result of the accident and the injuries sustained therein, Plaintiff has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore , 17. Plaintiff continues to be plagued by persistent pain and limitation and, therefore avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 18. All injuries and damages as set forth herein suffered by Plaintiff Barry Firestone were caused by the negligence of Defendant Rodney Lee Remley. WHEREFORE, Plaintiff Barry Firestone demands judgment against the Defendant Rodney Lee Remley in the amount and excess of thirty-five ($35,000.00) thousand dollars plus costs, interest, and delay damages, if applicable. COUNT II PLAINTIFF v. DEFENDANT PARSONS COMPANY, INC. 19. Paragraphs one (1) through eighteen (18) hereof are incorporated by reference as if the same were fully set forth herein. 20. At all times material hereto, Defendant Rodney Lee Remley was acting within the course and scope of his employment with Defendant Parsons Company, Inc.. 21. Defendant Parsons Company, Inc., is vicariously liable for the negligence and resulting damages caused by its employee Defendant Rodney Lee Remley under the theory of Respondeat Superior. 22. Defendant Parsons Company, Inc., is negligent for failing to adequately and appropriately train Defendant Rodney Lee Remley to operate vehicles in the course and the scope of his employment and to abide by the rules and provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles. 23. The collision of the Defendant's vehicle with the Plaintiff's vehicle was a direct and proximate result of the careless and negligent conduct of said employee of Defendant Parsons Company's, Inc. WHEREFORE, Plaintiff Barry Firestone demands judgment against the Defendant Parsons Company, Inc., in the amount and excess of thirty-five thousand dollars ($35,000.00) plus costs, interest, and delay damages, if applicable. Respectfully Submitted, THE MCSHANE FIRM, LLC Shawn-WT7CTry, Esgwre -' Attorney for Plaintiff 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Attorney ID No. 202061 VERIFICATION I, Barry Firestone, verify that the statements made in this Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date B Tres one BARRY FIRESTONE, Plaintiff, V. RODNEY LEE REMLEY, and PARSONS COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-6696 CIVIL TERM CIVIL ACTION - LAW INC. : JURY TRIAL DEMANDED Defendants. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CERTIFICATE OF SERVICE I, Shawn M. Curry, Esquire, hereby certify that the following service has been completed in compliance with the Pennsylvania Rules of Civil Procedure: Via first class mail Date: & Donald Desseyn, Esquire Attorney for Defendants 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Respectfully Submitted, THE MCSSHANEf/FIRM, LLC i ,. Shawn M. Curry, Attorney for Plaintiff 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Attorney ID No. 202061 !' j h..J .e. .. .,. f F` ` r' DONALD M. DESSEYN, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEYS FOR DEFENDANTS BARRY FIRESTONE, Plaintiff V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6696 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW comes Defendants, Rodney Lee Remley and Parsons Company, Inc. (hereinafter "Defendants"), by and through their counsel, Donald M. Desseyn, Esquire and for their Answer and New Matter to Plaintiff's Complaint hereby states as follows: 1. Admitted in part and denied in part. Defendants admit that Plaintiff, Barry Firestone is an adult individual; however, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth in Paragraph 1 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 2. Admitted. 3. Admitted in part and denied in part. Defendant, Parsons Company, Inc., is a company doing business in the Commonwealth of Pennsylvania and is located 1386 State Route 117, Roanoke, IL 61561. Defendants deny each and every remaining allegation asset forth in Paragraph 3 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 4. Admitted in part and denied in part. Defendants admit that Plaintiff was operating a 1989 Chevrolet Celebrity car at the intersection of Route 11 North of the Interstate 81 off ramp on November 6, 2005. Defendants specifically deny each and every remaining allegation as set forth at Paragraph 4 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 5. Admit with clarification. Defendants admit that at the subject location, Defendant Rodney Lee Remley was operating a 2004 Chevrolet 4500 truck bearing VIN I GBC4C1 124F508908 and was following Plaintiff's vehicle on approach to the subject intersection. Defendants specifically deny each and every remaining allegation as set forth in Paragraph 5 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 6. Denied. The allegations as set forth in Paragraph 6 of Plaintiff's Complaint constitutes a legal conclusion to which to response is required. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that the Chevrolet truck being operated by Defendant, Rodney Lee Remley struck the Plaintiff's vehicle in the rear causing the vehicle to move forward. Defendants specifically deny each and every remaining allegation as set forth in Paragraph 8 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. COUNTI 9. In response to Paragraph 9 of Plaintiff's Complaint, Defendants hereby incorporate each and every answer, averment, defense and/or denial as set forth in Paragraphs 1-8 as if fully rewritten herein. 10. Denied. The allegations as set forth in Paragraph 10 of Plaintiff's Complaint constitute a conclusion of law to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants specifically deny the general allegations of careless and negligent conduct of Defendant Rodney Lee Remley as set forth in Paragraph 10 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. Moreover, Defendants hereby respond to each subpart of Paragraph 10 as follows: a.-i. Denied. 11. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 11 in Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 12. Admitted in part and denied in part. Defendants admit that Plaintiff sought medical treatment after the accident; however, Defendants deny each and every remaining allegation as set forth in Paragraph 12 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 13. Denied. The allegations as set forth in Paragraph 13 of Plaintiff's Complaint constitute a legal conclusion of which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants deny any allegations of careless and negligent conduct on the part of Defendant Rodney Lee Remley and further, after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth in Paragraph 13 of Plaintiff's Complaint and therefore denies same and strict proof in support thereof is demanded at the time of trial. 14. Denied. The allegations as set forth in Paragraph 14 of Plaintiff's Complaint constitute a legal conclusion of which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants deny any allegations of careless and negligent conduct on the part of Defendant Rodney Lee Remley and further, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations as set forth in Paragraph 14 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 15. Denied. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 15 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 16. Denied. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 16 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 17. Denied. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 17 of Plaintiff's Complaint and strict proof in support thereof is demanded at the time of trial. 18. Denied. The allegations as set forth in Paragraph 18 of Plaintiff's Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, any allegations of careless and negligent conduct on the part of Defendant Rodney Lee Remley are denied. WHEREFORE, Defendants, Rodney Lee Remley and Parsons Company, Inc. demand judgment in their favor and against the Plaintiff Barry Firestone and request that Plaintiff's Complaint be dismissed with prejudice and that Defendants be awarded costs and any other relief deemed just and proper by this court. COUNT II 19. In response to Paragraph 19, Defendants hereby incorporate each and every answer, averment, defense and/or denial as set forth in Paragraphs 1-18 as if fully rewritten herein. 20. Denied. The allegations as set forth in Paragraph 20 of Plaintiff's Complaint constitute a legal conclusion to which no response is required. 21. Denied. The allegations as set forth in Paragraph 21 of Plaintiff's Complaint constitute a legal conclusion to which no response is required. 22. Denied. The allegations as set forth in Paragraph 22 of Plaintiff's Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendant, Parsons Company, Inc., specifically denies any allegations of negligence as set forth therein and strict proof in support thereof is demanded at the time of trial. 23. Denied. The allegations as set forth in Paragraph 23 of Plaintiff's Complaint constitute a legal conclusion to which no response is required. Moreover, to the extent that the allegations are factual in nature, Defendants specifically deny any allegations of carless and negligent conduct on the part of Defendant, Parsons Company, Inc. and strict proof in support thereof is demanded at the time of trial. WHEREFORE, having fully answered, Defendant, Parsons Company, Inc. and Rodney Lee Remley demand judgment in their favor and against Plaintiff, Barry Firestone and demands that Plaintiff's Complaint be dismissed, with prejudice and the Defendants be awarded costs and any other relief deemed just and proper by this court. NEW MATTER 24. Plaintiff has failed to state a course of action upon which relief may be granted. 25. Plaintiff's action is barred by the applicable statute of limitations. 26. Plaintiff has failed to mitigate his damages. 27. Plaintiff's failure to exercise reasonable care and/or assumption of risk caused or contributed to cause any alleged injuries or damages of Plaintiff's Complaint, and therefore, Plaintiff's claims against these defendants are barred or, in the alternative, must be diminished by an amount that is proportionately equal to Plaintiff's percentage of negligence. 28. Defendants reserve the right to assert any and all defenses available under the Pennsylvania Motor Vehicle Financial and Responsibility Law. WHEREFORE, Defendants, Rodney Lee Remley and Parsons Company, Inc., demands judgment in their favor and against Plaintiff and request that Plaintiff's Complaint be dismissed, with prejudice, and that Defendants be awarded costs and any other relief deemed just and proper by this court. Date: By. :;ga Donal . esse , Esquire Attorney for Defendants May 16 08 10:30a PC511 309-467-5619 p.2 VERIFICATION I, Rodney Lee Remley, a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Defendants' Answer and New Matter are true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Defendants' Answer and New Matter is that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities Date: L6 - orb Name: _ Y` Rodney emley - May 16 08 10:30, PC61 VERIFICATION 309-467-5619 p.3 I, Patrick J. Weber, Chief Financial Officer of Parsons Company, Inc., a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Defendants' Answer and New Matter are true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Defendants' Answer and New Matter is that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. n-L Date: Name: V ? C „ram, Patrick J. e41QZ , - C'FO Parsons Company, Inc. CERTIFICATE OF SERVICE AND NOW, this 19th day of May 2008, I, Donald M. Desseyn, Esquire, Attorney for Defendants, hereby certify that I served a copy of the within time-stamped Answer and New Matter on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Shawn M. Curry, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 By: vyj 1-11 Donald . esseyn, quire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ?? ? ? P`.) {'Tt ?: tV -. ; `'"? ?- ',') :? ? ?, N _.? l:? ? BARRY FIRESTONE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 07-6696 CIVIL TERM RODNEY LEE REMLEY, CIVIL ACTION -LAW and PARSONS COMPANY, INC. JURY TRIAL DEMANDED Defendants. REPLY TO NEW MATTER AND NOW, this Z day of June, 2008, comes the Plaintiff, Barry Firestone, and files this Reply to New Matter and avers in support thereof as follows: 24. The averments of Paragraphs one (1) through twenty-three (23) of Plaintiffs Complaint are incorporated by reference as if the same of them were fully set forth at length herein. 25. The averments of Paragraph 24 constitute conclusions of law to which no responsive pleading is required. To the extent that the averments are deemed factual in nature the same are denied and strict proof thereof is demanded at the time of trial. I 4 26. The averments of Paragraph 25 constitute conclusions of law to which no responsive pleading is required. To the extent that the averments are deemed factual in nature the same are denied and strict proof thereof is demanded at the time of trial. 27. The averments of Paragraph 26 constitute conclusions of law to which no responsive pleading is required. To the extent that the averments are deemed factual in nature the same are denied and strict proof thereof is demanded at the time of trial. 28. The averments of Paragraph 27 are denied, as there are no facts to support the same. 29. The averments of Paragraph 28 are denied, as Defendant's failure to specifically articulate any defenses that may have been available in its New Matter effectively waives the same. WHEREFORE, Plaintiff, Barry Firestone, demands judgment in his favor and against the Defendants, Rodney Lee Remley and Parsons Company, Inc., as set forth in his Complaint. Respectfully Submitted, THE MCSHANE-FRM, LLC Shawn M. Cu , Esquir Attorney for 111'a-in 4807 Jonestown Road, Suite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Attorney ID No. 202061 VERIFICATION I, Barry Firestone, verify that the statements made in this Reply to New Matter are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date B restone ??? BARRY FIRESTONE, Plaintiff, V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-6696 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CERTIFICATE OF SERVICE I, Shawn M. Curry, Esquire, hereby certify that the following service has been completed in compliance with the Pennsylvania Rules of Civil Procedure: Via first class mail Donald Desseyn, Esquire Attorney for Defendants 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Respectfully Submitted, THE MCSHANE FIRM, LLC Dat4*-d9 Attorney for Pl tiff 4807 Jonestown Roa , uite 148 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Attorney ID No. 202061 C7, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -VS- RODNEY LEE REMLEY, ET AL CASE NO: 07-6696 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN, 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 behalf of DATE: 11/05/2008 DONALD M. DESSEYN, ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0797585 89620-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BARRY FIRESTONE -VS- RODNEY LEE REMLEY, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-6696 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations TO: SHAWN M. CURRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DONALD M. DESSEYN, 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: 10/14/2008 CC: DONALD M. DESSEYN, ESQ. - Any questions regarding this matter, contact SHAWN M. CURRY, ESQ. 4807 JONESTOWN ROAD SUITE 148 HARRISBURG, PA 17019 MCS on behalf of DONALD M. DESSEYN, ESQ. Attorney for DEFENDANT . THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 133-H DE02-0419713 89620-CO1 >>> LOCATION LIST «< PAGE: 1 LOCATION NAME RECORDS REQUESTED HOMZA CHIROPRACTICE CENTER MEDICAL RECORDS SUSQUEHANNA INTERNAL MED. ASSO MEDICAL RECORDS HOLY SPIRIT HOSPITAL X-RAY ONLY CONSERVATIVE ORTHOPEDICS MEDICAL RECORDS EDWARD AQUINO, M.D. MEDICAL RECORDS PNNI MEDICAL RECORDS REAHB MEDICINE TEAM, F.C. MEDICAL RECORDS BOSCOVS EMPLOYMENT R1.71S 133-H DE02-0419713 89620-CO1 t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY FIRESTONE VS. RODNEY LEE REMLEY, ET AL File No. 07-6696 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOM A CHIROPRACTICE 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: **** SEE ATTACHED RIDER **** at The MCS C=M Inc 1601 Market Street Suite 800.P iladelrhia PA 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:. DONALD M. DESSEYM ESQ. ADDRESS: 4999 T.OUIRF. DRIVE SUITE 103 1uIRC NANiCSBi IR G, PA 17055 1tLEPHbNE: (215) 246-0900 18 COURT ID #: ATTORNEY FOR: Defendant BY THE URT. Pro notary/ Ova1) ion Deputy 89620-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOMZA CHIROPRACTICE CENTER 2031 LINGLETOWN ROAD HARRISBURG, PA 17110 RE : 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS DR. JOHN J. HOMZA 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 R1.71S 133-H SU10-0755822 89620-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -VS- CASE NO: 07-6696 RODNEY LEE REMLEY, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN, 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: 11/05/2008 MCS on behalf of DONALD M. DESSEYN, ESQ Attorney for DEFENDANT R1.90 133-H DE11-0797589 89620-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY FIRESTONE File No. 07-6696 vs. RODNEY LEE REMLEY, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SUSQUEHANNA INTERNAL MED ASSO (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 CC= Inc.. 1601 Market Street, Suite 800, P iladeln is PA 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 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 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: DONALD M. DESSEYN. ESO. ADDRESS 4999 LOUISE DRIVE SUITE 103 MECHAN1CSBURQ- PA 17055 TELEP ,HONE: 215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NUN 05 2008 Date: Seal of the Court T: BY THE 7-144 fip Protho tarylCler ivi on Deputy 89620-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA INTERNAL MED. ASSO 890 POPLAR CHURCH ROAD SUITE 508 CAMP HILL, PA 17011 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS FROM DR. ERIC J. BINDER 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 21.71s 133-H SU10-0755824 89620-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -vs- CASE NO: 07-6696 RODNEY LEE REMLEY, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN, 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 behalf of DATE: 11/05/2008 DONALD M. DESSEYN, ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0797592 89620-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY FIRESTONE File No. 07-6696 VS. RODNEY LEE REMLEY, ET AL TO:? Custodian-of Records for HOLY SPIRIT 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: ****SEE ATTACHED RIDER **** at The MCS Group. Inc„ 1601 Market Street, Suite 500. P) adeigbia. PA 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: DONALD M. DESSEYN. ES ADDRESS: 4999-LOVISE DRIVE TELEPHONE: (215) 246-0900 SUP" ID M ATTORNEY FOR: Defendant MW 05 20 Date: tp Seal of the Court 89620-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray'films and reports, 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: 175-40-6948 Date of Birth: 06-01-1950 .1.71S 133-H SU10-0755826 89620-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BARRY FIRESTONE RODNEY LEE REMLEY As a prerequisite to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 07-6696 ET AL to service of a subpoena for documents and things pursuant MCS on behalf of DONALD M. DESSEYN, 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 behalf of DATE: 11/05/2008 DONALD M. DESSEYN, ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0797596 89620-L04 BARRY FIRESTONE VS. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 07-6696 RODNEY LEE REMLEY, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CONSERVATIVE ORTHOPEDICS (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 RMER **** at The MCS Gm=- Inc-- 1601 Market 4t= Suite 800, P it A lphia PA 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 foil 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: DONALD M. DESSEYN. ESQ. ADDRESS: 4999 LOIIISE DRTVF. TELEPHONE: (215) 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant ITV 05 M Date: /&& /d-z 11 11 , Seal of the Court BY THE URT: Pronotary /CI sign Deputy 89620-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CONSERVATIVE ORTHOPEDICS 40 BROOKWOOD AVENUE CARLISLE, PA 17013 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS FROM MARK P. HOLENCIK, D.O. 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 t1.71S 133-H SUIO-0755828 89620-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -vs- CASE NO: 07-6696 RODNEY LEE REMLEY, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN, 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 behalf of DATE: 11/05/2008 DONALD M. DESSEYN, ESQ Attorney for DEFENDANT R1.90 133-H DE11-0797598 89620-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY FIRESTONE File No. 07-6696 VS. RODNEY LEE REMLEY, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for EDWARD AOUINO, M D (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 Grown Inc 1601 Market Street, Suite 800 pbiladelpWa_ PA 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: DONALD M. DESSEYN. ESO. ADDRESS: 499A i niIISR DRBIE SUITE 103 M SB IR , PA 17055 TELEPHONE:, (21,5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 0 5 2009 Date: Seal of the Court BY THE C T: Proth tarylClerk, .nisi Deputy 89620-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: EDWARD AQUINO, M.D. 845 SIR THOMAS COURT SUITE 10 HARRISBURG, PA 17109 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 ,1.71S 133-H SU10-0755830 89620-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -VS- CASE NO: 07-6696 RODNEY LEE REMLEY, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN, ESQw 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 behalf of DATE: 11/05/2008 DONALD M. DESSEYN, ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0797602 89620-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY FIRESTONE File No. 07-6696 VS. RODNEY LEE REMLEY, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4089.22 TO: Custodian of Records for PNNI (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 Q=M. Inc-- 1601 Market Street Suite 800 P iladelphia._PA 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 faiIto-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: DONALD M. DESSEY_N= ES ADDRESS: ' 4999 LOUISE DRTVF TELEPHONE-. - 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant NOV 05 2008 Date: Seal of the Court 89620-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PNNI 43110 LONDONDERRY ROAD HARRISBURG, PA 17109 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS FROM STEPHEN K. POWERS, M.D. 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 :1.71S 133-H SU10-0755832 89620-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -VS- RODNEY LEE REMLEY, ET AL CASE NO: 07-6696 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN 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 behalf of DATE: 11/05/2008 DONALD M. DESSEYN, ESQ Attorney for DEFENDANT R1.90 133-H DE11-0797604 89620-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY FIRESTONE VS. RODNEY LEE REMLEY, ET AL File No. 07-6696 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for REAHB MEDICINE TEAM. P. C. (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 M CS *r=- Inc.. 1601 M rket'SSuite 800 Philaielplia, PA 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: DONALD M DESSEYN ESO ADDRESS: 4999 r .OT IISR D BM QUITE 103 MECANI SB IR - PA 17055 TELEPHONE:, (15? 246-0 00 SUPREME COURT ID #: ATTORNEY FOR: Defendant j 05 2008 Date: Seal of the Court BY COURT: PpAonotagXkfl?ivilpjvision Deputy 89620-07 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: REAHB MEDICINE TEAM, P.C. 2025 TECHNOLOGY PKWY. SUITE 209 MECHANICSBURG, PA 17050 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS FROM CHRISTOPHER S. CANNON, M.D. 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 21.71S 133-H SUIO-0755834 89620-LO7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -VS- CASE NO: 07-6696 RODNEY LEE REMLEY, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN, 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 behalf of DATE: 11/05/2008 DONALD M. DESSEYN, ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0797608 89620-L08 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND BARRY FIRESTONE VS. RODNEY LEE REMLEY, ET AL File No. 07-6696 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BOSCOVS (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: **** S .E ATTACHED RIDER **** at The MCS Q=. Inc., 1601 Market Street State 800. Philadelphia PA 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 toproduce 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: DQNALD M. DESSEYN. ESQ. ADDRESS:' 4999 LOUISE DRIVE SUITE 103 MECHANICSMIM PA 17055 TELEPHONE- (2115,) 246ZQ900 SUPREME COURT ID #: ATTORNEY FOR: Defendant my 0 5 2000 Date: Seal of the Court BY THE C URT: Pro notary! 4iii n D eputy 89620-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BOSCOVS 370 CAMP HILL SHOPPING CT CAMP HILL, PA 17011 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 R1.71S 133-H SU10-0755836 89620-L08 r--' :? - ?a ---1 ?'?` T ? ? _ $ . ,. . w? '. ?. ,? 4C 'e - S r . ' y"Y'1 ("ate} -? " ; („ ..? CERTIFICATE A PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -VS- CASE NO: 07-6696 RODNEY LEE REMLEY, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN, 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 behalf of DATE: 02/13/2009 DONALD M. DESSEYN, ESQ Attorney for DEFENDANT R2.06 133-H DE11-0849399 89620-L09 ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BARRY FIRESTONE -VS- RODNEY LEE REMLEY, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-6696 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MICHAEL APPLEBY, DC MEDICAL RECORDS MICHAEL H. INNES, D.C. MEDICAL RECORDS TO: SHAWN M. CURRY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DONALD M. DESSEYN, 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: 01/22/2009 CC: DONALD M. DESSEYN, ESQ. - SHAWN M. CURRY, ESQ. L/O OF SHAWN M. CURRY 4807 JONESTOWN ROAD SUITE 148 HARRISBURG, PA 17019 MCS on behalf of DONALD M. DESSEYN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.80S 133-H DE02-0462163 89620-CO1 RODNEY LEE REMLEY, ET AL File No. 07-6696 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY FIRESTONE vs. TO Custodian of Records for MICHAEL , PP F Y, DC (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 Croup Inc., 1601 Market Street, Suite 800, Philadelphia, PA 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: DONALD M. DESSEYN. ES ADDRESS: 4999 LOTTISF. DRTVF TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant FEB 13 2009 Date: Seal of the Court BY E COURT: othono '1 Division Deputy 89620-09 EXPLANATION OF REQUIRED RECORDS 1 TO: CUSTODIAN OF RECORDS FOR: MICHAEL APPLEBY, DC 2545 WALNUT STREET HARRISBURG, PA 17106 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 R1.80S 133-H SU10-0769212 89620-LO9 ?. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS BARRY FIRESTONE TERM, CUMBERLAND -VS- CASE NO: 07-6696 RODNEY LEE REMLEY, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DONALD M. DESSEYN, 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: 02/13/2009 R2.06 133-H MCS on behalf of DONALD M. DESSEYN, ESQ. Attorney for DEFENDANT DE11-0849402 89620-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BARRY FIRESTONE vs. File No. 07-6696 RODNEY LEE REMLEY, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MIC AEL H. INNES- D (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 M Group, Inc.- 1601 Market Street SWte 800, Philadelphia SPA 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: DONALD M. DESSEYN. ESQ. ADDRESS: 4999 LO JISE DRIVE SUITE 103 MECHANICSBURG. PA 17055 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: rothono erk, C' it Division 13 2009 Date: ?L^ Deputy Seal of the Court 89620-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MICHAEL H. INNES, D.C. 1027 COUNTRY CLUB ROAD CAMP HILL, PA 17011 RE: 89620 BARRY R. FIRESTONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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 : BARRY R. FIRESTONE 1851 SPRING ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-6948 Date of Birth: 06-01-1950 R1.80S 133-H SU10-0769214 89620-L10 `C? c k) ¦) David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 Attorneys for Plaintiff BARRY FIRESTONE., Plaintiff V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6696 CIVIL TERM Defendant ..........: JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Barry Firestone in the above-captioned matter. RHOADS & SINON LLP ?tk- l avid B. Dowling One South Market Sqr., 12'h Flr P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 73&422.1 CERTIFICATE OF SERVICE I hereby certify that on April 7, 2009, a true and correct copy of the foregoing "Fraecipe for Entry of Appearance" was served by means of United States mail, first class, postage prepaid, upon the following: The McShane Firm, LLC 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 ynthia Z. antone ALED-01 =i=i ?L OF THE PROT '' NITTARY 7009 APR --8 AM E t : 5 4 DONALD M. DESSEYN, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 BARRY FIRESTONE, Plaintiff V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants ATTORNEYS FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6696 CIVIL TERM CIVIL. ACTION - LAW JURY TRIAL DEMANDED MOTION FOR PROTECTIVE ORDER AS TO THE DEPOSITIONS OF RODNEY LEE REMLEY AND PARSONS COMPANY, INC. AND NOW comes Defendants, Rodney Lee Remley and Parsons Company, Inc. (hereinafter "Defendants"), by and through their counsel, Donald M. Desseyn, Esquire and hereby moves this Honorable Court pursuant to Pa. R.C.P. 4012(a)(2)(3) and 4013 for Protective Order and Stay as to the depositions of Defendants which is presently scheduled for January 7, 2010 and in support thereof counsel represents as follows: 1. Plaintiff commenced this action against Defendants by a Praecipe for Writ of Summons entered and filed on November 5, 2007. 2. Plaintiff subsequently filed a Complaint on April 23, 2008 alleging personal injuries sustained as a result of a rear-end motor vehicle collision occurring at or near intersection Route 11 North and the Interstate-81 off-ramp. 3. An Answer and New Matter was filed on behalf of Defendants on May 22, 2008. 4. From October 10, 2008 to February 13, 2009, Defendants had seven (7) subpoenas issued for documents and things pursuant to Rule 4009.22 primarily pertaining to medical treatment received by Plaintiff. 5. The documents that were received in response to the subpoena revealed medical issues above and beyond any medical problems allegedly caused as a result of the subject accident. 6. The medical records also revealed that Plaintiff had a significant medical history of at least twenty (20) years pertaining to medical problems that were allegedly exacerbated as a result of the subject accident. 7. As a result of the foregoing, counsel for Defendants contacted Plaintiff's former counsel, Shawn M. Curry, Esquire in order to discuss the possibility of an early settlement of this matter. Attorney Curry advised counsel that he would forward a settlement demand to defense counsel in an effort to get this matter resolved prior to proceeding with depositions in this case. 8. On or about April 7, 2009, Attorney David P. Dowling entered his appearance on behalf of the Plaintiff, Barry Firestone in the instant action. (See, copy of Praecipe of Entry of Appearance attached hereto as Exhibit "A".) 9. On April 23, 2009, correspondence was forwarded to Attorney Dowling advising that my clients are located in Illinois. Moreover, it was suggested that those depositions be conducted via telephone or by telephone conferencing. It was further noted that if Attorney Dowling insisted on bringing my clients back to Pennsylvania for depositions, then it would be a matter that would need to be discussed with the Court. (See, copy of correspondence dated April 23, 2009 attached hereto as Exhibit `B".) 10. This matter involves an automobile accident that occurred on November 6, 2005 wherein Defendant Rodney Lee Remley was within the course and scope of his employment with Parsons Company, Inc. at the time of the subject accident. 11. In August 2009, Defendant, Rodney Lee Remley, was discharged from his employment with Parsons Company, Inc. and his counsel is attempting to obtain contact with his client through his last known address. 12. Defense counsel has indicated that he will make a representative of Parsons Company, Inc. available via telephone or video conference for deposition at Plaintiff's request. 13. Defendant seeks a protective order with regards to the depositions scheduled January 7, 2010 to limit the deposition to telephone conference or video deposition. 14. Defense counsel certifies that he has attempted to resolve this matter with Plaintiff's counsel; however, Plaintiff's counsel is adamant that Defendant should bear the undue expense and burden of having to travel from Illinois to Pennsylvania merely because Pennsylvania was the site of the accident. (See, copy of correspondence dated August 17, 2009 attached hereto as Exhibit "C".) 15. The representative or designee for Parsons Company, Inc. was not even employed with Defendant at the time of the subject incident. 16. In cases such as these, Pennsylvania Courts have recognized that the Pennsylvania Rules of Civil Procedure do not preclude the use of technological alternatives to face-to-face depositions. Risser v. Slymark E., PICS Case No. 06-0797 (C.P. Lebanon June 2, 2006). 17. In Risser, the same arguments were presented for deposition as are being presented in this case. In Risser, the Court stopped short of ordering the Plaintiffs to employ video conferencing; however, in order to provide incentive for them to forego face-to-face depositions, the Court ordered the parties to share the costs of telephone or video conferences equally. Moreover, any shared costs of remote conferencing would be payable to the prevailing party after trial. Id. 18. In his opinion, Judge Bradford H. Charles wrote for the Court, "[w]ith the advent of this new technology, we conclude that there is only a minimal benefit to be gained by cross- country travel to facilitate a face-to-face meeting." 19. Accordingly, Defendants request that this Court issue an Order granting its Motion for Protective Order as to the Depositions of Rodney Lee Remley and a representative or designee of Parsons Company, Inc. pursuant to Pa. R.C.P. 4012(a)(2) and (3) and to Stay the depositions pending a resolution of the matter pursuant to Pa. R.C.P. 4013. WHEREFORE, having shown good cause, Defendants respectfully request that this Honorable Court issue an Order granting its Motion for Protective Order as to the depositions of Rodney Lee Remley and Parsons Company, Inc. pursuant to Pa. R.C.P. 4012(a)(2) and (3). Respectfully submitted. Date: By: e5;;,44? Donald M. esseyn, squire Attorney for Defendants ?` J David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108-1146 Attorneys for Plaintiff BARRY FIRESTONE., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 07-6696 CIVIL TERM RODNEY LEE REMLEY, and PARSONS COMPANY, INC., Defendant .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Barry Firestone in the above-captioned matter. RHOADS & SINON LLP y:avid B. . Dowling One South Market Sqr., 12`h Fl . P. 0. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 738422.1 CERTIFICATE OF SERVICE I hereby certify that on April 7, 2009, a true and correct copy of the foregoing Traecipe for Entry of Appearance" was served by means of United States mail, first class, postage prepaid, upon the following: The McShane Firm, LLC 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 ynthia Z. antone HARRISBURG, PA GREGORY E. CAssIMATIS DONALD M. DEsSEYN'I AKRON, OH MARY S. PETERSON Louis M. DEMARCO STEPHEN J. CHUPARKOFF WILLIAM M. SHACKELFORD MARK S. HURA JUSTIN A. DURLIKAR ATLANTA, GA JAMES T. PERRY BERNARD E KIsTLER, JR.° JEANNE F. JOHNSON THOMAS J. PAVLoFF ALEXANDRA B. BRWEN BIRMINGHAM, AL JACK CRISWELLI JENNIFER T. DzmwE BENTLEY H. PATRICK ATTomm UCDiS[O ONLY IN UASIG ) ST.. -LM OTHIXWISE INIIICATEU. DONALD M. DESSEYN CINCINNATI, OH BLAND, OH DAYTON, OH MARK J. HuLLEJt P,.,KICK S. CORRIGAN BRIAN R. MCHENRYI G. GREGORY LEWIS ATTORNEY AT LAw* JOHN E GANNON ROBERT J. JANES THOMAS K. MCMACKIN MOLLY S. HARBAUGH STEVEN E STOFEL EUGENE M. GELYAND SUITE 103 MICHAEL D. FrrzPATRICK JEFFREY A. HAzLETT BARRY A. MEYER KEITH D. THOMAS JONATHAN C. TURNER DAVID T. BALZANo 4999 LOUISE DRrvE DENNIS G. REHOR MATTHEW M. SCHMIDT MATTHEW R. SKINNER KErrH W. COLLerr PA 17055 MECHANICSBURG COLUMBUS, OH DETROIT, MI JOSEPH A. MCGEE , DANIEL G. TAYLOR PAUL J. JOHNSON JOHN K. BENINTENDI MICHAEL J. MCLANE ROBERT E HURLEY JASON E WAINSCOTT TELEPHONE (717) 791-0400 ALAN E. MAzuR JrLL I.. ZYSROWSRII DAVID K. KOON DAVID S. WIRTH FACSIMILE (717) 791-0524 I. RICHARD BROWN BEAU IL RYMERs TOLEDO, OH MICHAEL M. NELTNER DAVID J. HEINLEIN STEPHEN C. ROAC' CORY D. THOMPSON BRADLEY E. SHERMAN MICHAEL L. CLARK BRIAN A. NEWBERG ANDREW R. SCHUMAN 'ALSO ADMITTED IN GA IALso ADMITTED IN MI 3ALSO ADMITTED IN OH ALSO ADMrrrED IN MD ALSO ADMITTED w SC ALL ABOVE ATTORNEYS ARE EMPLOYEES "ALSO ADMITTED tN MS 'ALSO ADMITTED IN IL OF THE CINCINNATI INSURANCE COMPANY April 23, 2009 David B. Dowling Rhoads & Sinon, LLP One South Market Square, 12`h Floor PO Box 1146 Harrisburg, PA 17108-1146 Re: Bgn Firestone v. ROdna Lee Remley and Parsons Company Inc. Cumberland County No.: 07-6696 Civil Term Dear Mr. Dowling: This will acknowledge receipt of your correspondence dated April 21, 2009 relative to.the above caVoned matter. Please be advised that I will be forwarding Defendants' Answers and Responses to Plaintiff's Discovery Requests in the near term. Further, please be advised that my clients are located in Illinois. Accordingly, if you wish to take their deposition, it is suggested that those depositions be conducted via telephone or by teleconferencing. If you are insistent that they be brought to Pennsylvania to appear in person for deposition then that is a matter that we will have to discuss with the Court. In the interim, please advise as to your client's status and whether or not he has returned back to work. Sincerely, _--/? Don e?-ss-e/ ynDMD/jeb ' THE ATTORNEYS LISTED ABOVE ARE NOT A PARTNERSHIP, BUT PRACTICE TOGETHER As AssoC1ATED ATTORNEYS EMPLOYED BY THE CINCINNATI INSURANCE COMPANY FOR THE EXCLUSIVE PURPOSE OF REPRESENTING THE CINCINNATI INSURANCE COMPANIES AND THEIR POLICYHOIAERS 08/],7/09 MON 13:51 FAX 717 231 6F RHOADS SINON LLP .vavid B. Dowling 1 1101 S 1111= ph (717) 231-6647 fx (717) 231-6637 & SINON LLP ddowling@rhoads-sinon.com Fll.E No: 11461/1 August 17, 2009 Re: Barry Firestone v. Rodney Lee Remley and Parsons Company, Inc. Cumberland Co. No. 07-6696-CivI Term Donald M. Desseyn, Esquire VIA FACSIMILE 717/791-0524 and Suite 103 U.S. First Class Mail 4999 Louise Drive Mechanicsburg, PA 17055 Dear Mr. Desseyn: Please advise if you are in a position to provide immediate answers to my written discovery forwarded to you on April 8, 2009. You indicated in your letter of April 23, 2009, that you would be forwarding the answers "in the near terns". Also forward to me dates in September or October for the deposition of your clients. This would include Rodney Lee Remley and a corporate designee for Parsons Company, Inc. I am not agreeable to taking your client's deposition by telephone. Your client caused an accident in this State, suit was filed here, and, accordingly, the depositions must be held here, as well. I am agreeable to conduct them in your office if that would be more convenient. DBD/cls Q002 751696.1 Rhoads & Sinon LLP • Attorneys at Law • Twelfth Floor • One South Market Square • P.O. Box 1146 Harrisburg, PA 17108-1146 • ph (717) 233-5731 • fx (717) 232-1459 • www.rhoads-sinon.com Very truly yours, . CERTIFICATE OF SERVICE AND NOW, this 29th day of December, 2009, I, Donald M. Desseyn, Esquire, Attorney for Defendants, hereby certify that I served a copy of the within Defendants' Motion for Protective Order as to the Depositions of Rodney Lee Remley and Parsons Company, Inc. on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square, 12`x' Floor PO Box 1146 Harrisburg, PA 17108-1146 By: Donal sseyn, quire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 702? EEC ? I „ , r i7 BARRY FIRESTONE, Plaintiff vs. RODNEY LEE REMLEY and PARSONS COMPANY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6696 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this V day of January, 2010, upon consideration of the Defendants' Motion for Protective Order as to the Depositions of Rodney Lee Remley and Parsons Company, Inc., it is hereby granted that Defendants' depositions are STAYED. A brief argument hereon is set for Thursday, February 25, 2010, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 104. Kevin X. Hess, P. J. `' David B. Dowling, Esquire For the Plaintiff onald M. Desseyn, Esquire For the Defendants 0 0 :rlm LQS?? ':5 r_`Cl v F 7 16 DONALD M. DESSEYN, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ATTORNEYS FOR DEFENDANTS BARRY FIRESTONE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No. 07-6696 CIVIL TERM N o i M CIVIL ACTION - LAW " RODNEY LEE REMLEY, and PARSONS COMPANY, INC. JURY TRIAL DEMANDED Defendants - ' w rn PRAECIPE TO ADD EXHIBIT TO THE PROTHONOTARY: Please add the document attached hereto as Exhibit "A" to Defendants' previously submitted Motion for Protective Order as to the Deposition of Rodney Lee Remley and Parsons Company, Inc. referencing it as Exhibit "D" in regards to Paragraphs 16-18. Date: Respectfully submitted. By:,l Don . esseyn, Esquire Attorney for Defendants ui w w U F R LL w O Q w a 0 w J U U w ¢ s IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA. CIVIL ACTION-LAW JAY 1. RISSER, JR., JAY 1. RISSER, SR. and CINDY L. RISSER V. SLYMARK, INC. and MIRACLE BLADE, LLC Case No. 2004-01271 ORDER OF COURT AND NOW, this 2nd day of June, 2006, after consideration of the arguments of both parties, the Order of this Court is as follows: 1. Plaintiffs shall be entitled to depose representatives of Defendant. 2. Said depositions shall occur either by teleconference, video conference or in person at Defendant's offices in California. 3. If Plaintiff chooses to depose Defendant's representatives via video or telephonic conferencing, the cost of the depositions shall be divided equally between the parties. Said costs shall then be taxed as -1- costs of litigation in favor of the prevailing party at the conclusion of this case. 4. If Plaintiff chooses to conduct a face-to-face deposition in California, Plaintiff shall be required to pay all costs of the deposition and all travel and lodging expenses of Plaintiff's counsel. If Defendant's counsel chooses to personally attend said deposition, Defendant shall pay the transportation and lodging expenses of its attorney. If Defendant's counsel chooses to participate in said depositions via teleconference, Plaintiff shall pay the cost of the teleconference connection. We will defer a decision as to whether travel and lodging expenses pertaining to a California deposition are to be taxable costs. BY-THE COURT: J. BRADFORD H. CHARLES BHC/slh -2- IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA. CIVIL ACTION-LAW JAY I. RISSER, JR., JAY 1. RISSER, SR. and CINDY L. RISSER V. SLYMARK, INC. and MIRACLE BLADE, LLC APPEARANCES: Candis A. Tunilo, Esquire Case No. 2004-01271 For Plaintiffs David Brown, Esquire For Defendants OPINION BY CHARLES. J.. June 2. 2006 Plaintiffs are Pennsylvania residents who wish to conduct depositions of Defendant's California-based employees. Defendant argues "it would be burdensome and expense for [Defendant's] representatives to leave their place of business and travel across the country for depositions". Because the parties are not able to agree as to the location and ground rules for a deposition, they have asked us to issue a decision with respect to where and at whose expenses depositions should occur. -1- Surprisingly, there are no rules of court or appellate decisions that definitively control our analysis. Fortunately, we do have the benefit of decisional analysis by several sister Common Pleas Courts, and we will draw upon that analysis in crafting our own conclusion as to what the law requires in this case. 1. RULES PERTAINING TO DISCOVERY The purpose of discovery is to narrow issues, facilitate trial preparation and prevent surprise in the form of trial by ambush. See, e.g. Eigen v. Textron Lycoming Reciprocating Engine Division, 874 A.2d 1179 (Pa. Super. 2005). To facilitate these noble purposes, the Pennsylvania Rules of Civil Procedure provide for broad discovery. See Pa.R.C.R. 4003.1 and Levan v. Gardner, 4 Pa. D & C 3`d 624 (Pa.C.P. 1977). In addition, the rules of discovery are to be liberally interpreted to facilitate the open flow of information between litigants. See Davis v. Starosta, 62 Pa. D & C 4th 76 (Pa.C.P. 2002) and In Re; Greco Appeal, 30 Pa. D & C 3`d 661 (Pa.C.P. 1981). Despite its breadth, discovery is not without limits. Pa.R.C.P. 4001 states: "No discovery or deposition shall be permitted which-would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party..." Similarly, Pennsylvania's rules of discovery permit a party to obtain a protective order when "justice requires to protect a party or person from an -2- unreasonable ...burden or expense..." Pa.R.C.P. 4012. In situations where a party overreaches when requesting a deposition, a trial court can order that "a deposition shall be only on specified terms and conditions, including a designation of the time and place..." Pa.R.C.P. 4012(a). A Lebanon County local rule also impacts upon the location of discovery. That rule states: "Unless otherwise ordered by the Court or agreed to by all parties, all depositions by oral examinations of fact witnesses shall be conducted within Lebanon County." Leb.Co.R.C.P. 52- 4007.1. Et. DECISIONAL PRECEDENT Within the context of the above rules, judges from other trial courts have faced situations similar to the one with which we are now confronted. While their decisions are not binding, they nonetheless provide some analytical guidance. Some of the more pertinent cases include the following: (1) Davis v. Pennzoil Company, 38 Pa. D & C 2"d 289, 114 Pitt.L.J. 82 (1965) - In Davis, Plaintiff was a resident of Toronto, Canada. Defendant requested depositions in Pittsburgh and Plaintiff objected claiming unreasonable expense. The court began its analysis by stating "the fact that a non-resident~ plaintiff has chosen this forum is not the ultimate determinative of whether or not he must appear for a deposition at his own expense". Id. at page 291. The court -3- opted for a test that balanced the financial status of the parties, the importance of the deposition, the nature of the case, the feasibility of using written interrogatories, the importance of cross-examination by trial counsel, and the difficulty of briefing correspondent counsel. Id. at page 292, citing 4 Goodrich AmRam § 4008-5. Applying that test, the court held "that the deposition sought to be taken in Pittsburgh of a Canadian litigant would be a type of discovery causing unreasonable expense to a party litigant". Accordingly, the court granted Plaintiff's motion for protective order and precluded a deposition unless the Defendant was willing to pay Plaintiff's travel expenses relating to the deposition. Id. at page 294. (2) Econ Marketing, Inc. v. Side 11 Associates, Ltd, 17 Pa. D & C 4th, 341 (Pa.C.P. 1992) - In Econ, the Defendant sought to depose representatives of Defendant, which was a Minnesota corporation. The court began its analysis by remarking that courts should be "cautious in their approach to motions for protective orders ...so as not to act to forbid what would be proper discovery". Id. at page 344. The court further recognized that "all discovery potentially involve some expense, annoyance or inconvenience; the determinative factor, therefore, in a request for a protective order...must be the degree of the unreasonableness of the expense..." Id. at page 346. Ultimately, the court denied Plaintiff's protective order that asked to entirely quash the deposition notice. -4. On the other hand, the court entered the following ruling with respect to the cost of that deposition: [C]onsidering the distance which Mr. Klohn will be required to travel in order to attend the deposition, we hereby require... that Defendant shall pay for the reasonable expenses which will be incurred by Mr. Klohn (travel, food, lodging, etc.) in responding to Defendant's notice of deposition. In the alternative, a representative of Defendant may travel to Minnesota to depose Mr. Klohn at a convenient time and place. Id. at page 346-347. (3) J.A. Reinhardt and Company v. Stettz, 35 Pa. D & C 4tn, 558 (Pa.C.P. 1996) - This case involved the requested deposition of a Wyoming resident. The court in Reinhardt began its analysis with the recognition that "a non-resident defendant's testimony by deposition may be compelled by the sanctions provided in [the Rules of Civil Procedure], particularly where defendant has submitted himself to the jurisdiction of the court". Id. at page 561. The court proceeded forward to analyze whether the deponent would have to be personally present at a deposition. Given the distance and expense involved in a personal appearance, the court ruled that a telephonic deposition would satisfy the Rules of Civil Procedure. The court stated: "Requiring Defendant's personal appearance in Pennsylvania would subject Defendant to unreasonable annoyance, burden, and expense in that he would have to travel to this Commonwealth from Wyoming..." Id. at page 566. -5- (4) Pennington v. Cuprum, 32 Pa. D & C 4th 75 (Pa.C.P. 1996) - In Pennington, Plaintiff desired to depose employees of Defendant, which was a Mexican corporation. Plaintiff desired depositions in Northampton County, which was the situs of the litigation. The trial court referenced federal law and stated: The general rule in federal litigation is that, in the absence of special circumstances, a party seeking discovery must go where the desired witnesses are normally located. The rationale for this rule is the concept that it is the plaintiff who brings the lawsuit and chooses the forum. The defendant is not before the court by choice. Thus, courts have held that the plaintiff normally cannot complain if he is required to take discovery at a great distance form the forum. Id. at page 79. Based upon its analysis of federal and state rules pertaining to depositions, the court afforded plaintiff with a choice of two options in deposing the Mexican-based defendants. The court stated that plaintiff could travel to Mexico in order to depose defendant's representatives. If plaintiff chose that option, the travel expenses were to be taxed as costs of litigation in favor of the prevailing party. The court's second option was to allow a deposition by telephone conference call. The court stated: Telephone depositions are neither expressly authorized nor enjoined by the Pennsylvania Rules of Civil Procedure. Since the purpose of the rules is to secure a just, speedy and inexpensive determination of the actions to which they apply, Pa.R.C.P. 126, and given,the inherent power of the court to control the progress of litigation, we may authorize telephone depositions for good cause. The ready availability of telephone conference calling and fax machines make telephone deposition a feasible option. -6- Id. at page 81. (5) Philadelphia Indemnity Insurance Co. v. Federal Insurance Co., 21 F.R.D. 492 (E.D. Pa. 2003) - This is a federal case involving the request of a Pennsylvania plaintiff to depose three employees of a California corporation. The court cited Federal Rule of Civil Procedure 26(c), which is remarkably similar to its Pennsylvania counterpart in that it allows protective action when a deposition would cause "undue burden or expense". Judge Kelly of the Eastern Pennsylvania District weighed the fact that plaintiff "is a large corporation capable of bearing the financial burden of traveling to California..." The court also emphasized that the general rule in federal jurisprudence is for a deposition of a corporate representative to take place at that corporation's headquarters. Based upon these factors, the court held that depositions should occur in California. Ill. ANALYSIS Sifting through the above rules and decisional precedent, it is relatively easy for us to reach some conclusions as to what the law requires with respect to deposing a non-resident witness: (1) A non-resident party cannot avoid the responsibility to submit to an oral deposition based solely upon inconvenience and expense. -7- (2) Non-resident deponents will generally not be required to travel extensive distances in order to attend the deposition.' (3) As a means to avoid unreasonable expense, technological alternatives to face-to-face depositions can be employed. While there appears to be general consensus with respect to the above principles, the law with respect to the method and costs of depositions is murkier. With respect to the methodology of a cross-country deposition, we concur with the analysis found in the case of Pennington v. Cuprum, supra. Nothing in the Rules of Civil Procedure precludes the use of technological alternatives to face-to-face depositions. Given that the general purpose of the Rules is to promote "inexpensive determination" of actions (See Pa.R.C.P. 126), we conclude that where the costs of discovery can be reduced by technology, the use of such technology should be permitted and encouraged. Fortunately technology has not remained static since 1996 when Pennington was decided. In 1996, teleconferencing was the "state of the art". In the six years since Pennington was decided, information sharing t As noted above, Lebanon County has adopted a focal rule that establishes the "default situs" of depositions as being located within the county itself. See Leb.Co.R.C.P. 52-4007.1. On the other hand, this rule does contain flexibility in the form of its preamble that reads: "Unless otherwise ordered by the court, or agreed to by all parties..." As we see it, strict adherence to the default deposition location contained in Leb.Co.R.C.P. 52-4007.1 would not be appropriate in a situation involving a California deponent. Setting aside the question of whether we have the legal authority to order a California resident to appear for a deposition in Lebanon County, we would not be inclined as a matter of comity to require deponents to undergo the inconvenience and expense of cross-country travel. Therefore, we conclude that the non-resident deponents should not generally be required to leave their home states. -8- has progressed to the point where video conferencing via computer is now common.2 In addition to enabling visual observation of the deponent, computer conferencing would be far less expensive than cross-country trave 1.3 To us, the use of video conferencing makes a great deal of sense for the parties to this litigation. However, we will stop short of ordering that the depositions of Defendants' employees take place via video conferencing. We understand and will not depreciate the intangible feedback available in a face-to-face setting. Therefore, we will afford Plaintiff with the option of choosing between telephonic or video conferencing and a live deposition to take place in California. With respect to apportioning the costs of a deposition, we were unable to find any consistent approach taken by other courts that have addressed the issue. In addition, the cases that did apportion costs of an out-of-state deposition were all decided prior to the advent of video computer conferencing. Given the above, we will craft our own remedy to the cost question that the parties have submitted to us. In so doing, we will provide Plaintiff with an incentive to use less costly alternatives to a face-to-face deposition. 2 A simple web search of the phrase "video conferencing" reveals hundreds of companies that would be willing and able to provide relatively inexpensive video conferencing services. 3The cost of setting up computer video conferencing is relatively inexpensive. Even if the parties do not wish to hire a service to facilitate such conferencing, it would be relatively easy to set up a computer web cam via a high speed Internet connection and then project the computer-generated photograph onto a screen that would be readily visible to everyone present. -9- w As noted above, our preference is for these parties to utilize long- distance conferencing to conduct depositions of witnesses in California. Therefore, if Plaintiff chooses to utilize telephonic or computer video conferencing, we will direct the parties to share the costs of the telephonic or video conferencing equally. When this case concludes, these deposition expenses will be taxed as costs of litigation in favor of the prevailing party. On the other hand, if Plaintiff chooses a face-to-face deposition, it shall be the responsibility of Plaintiff to pay all of the costs of the deposition, including the costs of travel and lodging.4 While these costs may also be considered taxable, Plaintiff will not be able to seek reimbursement for these costs unless and until he is able to prevail at trial. Our decision is intended to encourage the parties to utilize the technological alternatives to cross-country travel that are now available. With the advent of this new technology, we conclude that there is only a minimal benefit to be gained by cross-country travel to facilitate a face-to- face meeting. We will not force Plaintiff to forego this minimal benefit. However, if Plaintiff chooses to eschew the visual deposition conferencing 4 When we speak of travel and lodging expenses, we are referring only to the travel and lodging expenses of Plaintiffs' attorney. Even if Plaintiff chooses to have his attorney fly cross country, this does not necessarily require defense counsel to do likewise. We believe that defense counsel can properly prepare his witnesses via telephone or video conferencing and can participate in a California deposition via those same methods of technology. Thus, if Plaintiff chooses a face-to-face deposition, and if defense counsel chooses to attend, we conclude that Defendant should pay the travel costs of its attorney. We render no decision today as to whether such costs would be taxable at the conclusion of this litigation. s We will render no final decision today as to whether we would consider the cross- country travel expenses to be taxable. -10- technology, such a decision will have a price in the form of increased costs that Plaintiff will have to bear on an upfront basis. An order to effectuate the above will be entered. -11- CE-RDFICATE OF SERVICE AND NOW, this 5`h day of January 2010 Defendants , I, Donald Al. Desseyn, Esquire, hereby certify that I served a co Attorney for by depositing same in the United PY of the Within Praecipe to Add Exhibit on t States mail his date addressed to: Postage prepaid, in Mechanicsburg, Pennsylvania, David B. Dowling Rhoads & Sinon, Esquire One South Market S quare, 12" Floor PO Box 1146 Harrisburg, pA 17108-1146 By: iDo n n sseyn 4999 Louise Drive, Suite 103 Mechanicsburg, pA 17055 (717) 791-0400 Attorney I.D. # 69179 David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 233-5731 Fax: (717) 231-6637 Email: ddowling@rhoads-sinon.com Attorneys for Plaintiff BARRY FIRESTONE Plaintiff V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants T-A Z lQ JA F" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 07-6696 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND NOW come Plaintiff Barry Firestone, by and through their attorneys, David B. Dowling and RHOADS & SINON, LLP, and file the within Answer to Defendants' Motion for Protective Order as follows: 1-4. Admitted. 5. Neither admitted nor denied. The extent to which the injuries may or may not exceed those associated with the accident are irrelevant for this motion. 6. Neither admitted nor denied. The extent to which the injuries may or may not exceed those associated with the accident are irrelevant for this motion. 7. Neither admitted nor denied. Present counsel is without information to respond to said allegation. 8. Admitted 766467.1 9. Admitted in part, denied in part. The correspondence dated April 23, 2009 speaks for itself and is attached as Exhibit "B" to Defendants' motion. 10. Admitted. 11. Plaintiff is without sufficient information to form a responsive pleading to the allegations contained in paragraph 11 and the same is therefore denied. Defense counsel entered his appearance on behalf of Rodney Lee Remley and his employer, Parsons Company, Inc. It is unknown if and when Rodney Lee Remley was discharged from the Parsons Company. 12. Neither admitted nor denied. Plaintiff has an absolute right to take the deposition of the Defendant driver in person. 13. No answer required. It is denied however that the Defendant has a right to seek a Protective Order and to compel the deposition of the Defendant driver via telephone conference or video deposition. 14. Denied. The Defendant driver's deposition has been properly scheduled pursuant to the Rules of Civil Procedure. The deposition was noticed on December 4, 2009 for both the Defendant driver and the corporate designee. Both depositions are scheduled for January 7, 2010. The Motion for Protective Order was not filed until December 31, 2009. By causing an accident in Pennsylvania, the Defendant driver has subject himself to jurisdiction of this Court. Further the defense has up to this point contested liability and pled as affirmative defenses and assumption of risk and comparative negligence. (See Defendant's Answer and New Matter). In order to conduct an effective deposition of the Defendant driver, the deposition must be in person. The Defendant driver will be required to produce documents and respond to specific questions about said documents. The documents were described on the Notice of Deposition attached hereto as Exhibit "A". An in person deposition is also necessary to judge the Defendant's credibility. -2- 15. Plaintiff is without sufficient information to form a responsive pleading to the allegations contained in paragraph 15 and the same is therefore denied. 16. Denied. A non-resident party, particularly the Defendant driver in an automobile accident, cannot avoid the responsibility to submit to an oral deposition based solely upon inconvenience and expense. 17. Denied. The facts before Judge Charles were never explained in his opinion. The issue was the deposition of Defendant's employees, not the deposition of a Defendant driver in a motor vehicle case. 18. Denied. The language quoted from Judge Charles' opinion is taken out of context. In this case, Plaintiff has the right to an in person deposition of the Defendant driver. The corporate designee should also appear in person to produce documents and respond to questions concerning said documents WHEREFORE, Plaintiff requests that the Defendants' Motion for Protective Order be denied and that the depositions proceed as scheduled on January 7, 2010. RHOADS & S1NON LLP r By: ZI 'avid B. Dowling One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Date: January 5, 2010 Attorneys for Plaintiff -3- EXHIBIT A David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 233-5731 Fax: (717) 231-6637 Email: ddowling@rhoads-sinon.com Attorneys for Plaintiff BARRY FIRESTONE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW V. NO. 07-6696 CIVIL TERM RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Rodney Lee Remley c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17109 PLEASE TAKE NOTICE that Plaintiff, pursuant to Pa. R.Civ.P. 4007.1, shall take the testimony upon oral examination of Rodney Lee Remley for the purposes of discovery or for use at trial, on all matters not privileged which are relevant to the issues and subject matter involved in the above-captioned matter. Said deposition will be taken on Thursday, January 7, 2010, beginning at 9:00 a.m. at the law offices of Rhoads & Sinon LLP, One South Market Street, 12'h Floor, Harrisburg, Pennsylvania before a person authorized to administer oaths, and continuing from day to day until completed. The above-named person is requested and subpoenaed to appear at the aforesaid time and place and submit to examination under oath. 763559.1 Further, pursuant to Pa. R.Civ.P. 4009. 1, et seq., the deponent is requested to bring with him the following documents: (1) All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impressions, conclusions or opinions respecting the value or merit of the claim or defense. (2) Copies of declaration sheets for each and every policy insuring you against the claims made in the instant action. (3) Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. (4) The entire claims investigation or claim file for policy no. 05CPA0728390, claim no. 395194, date of loss: November 6, 2005, regarding your insured I P I CO Parsons Co Inc. and/or Rodney Lee Remley, driver, whether formally designated as such or otherwise. (5) Copies of any and all photographs, DVD's, and/or video tapes regarding the motor vehicle accident of November 6, 2005. (6) Any and all recorded, transcribed statements of any parties or witnesses to the motor vehicle accident of November 6, 2005. (7) Any and all written statements of any parties or witnesses to the motor vehicle accident of November 6, 2005. (8) Any and all investigative or reconstruction reports regarding the motor vehicle accident of November 6, 2005. (9) A copy of the declaration pages from the policy in effect at the time of the motor vehicle accident of November 6, 2005 and each and every policy insuring you against the claims made in the instant action. (10) Any and all documentation maintained by you and/or your legal or insurance representatives, concerning the issues raised in the pleadings filed in this matter, excluding mental impressions, opinions and material protected by attorney/client privilege. -2- RHOADS & SINON LLP By: 1?? '?S! David B. Dowling One South Market Squar P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Date: December 4, 2009 -3- CERTIFICATE OF SERVICE 1 I hereby certify that on this 1' day of December 2009, a true and correct copy of the foregoing "Notice of Deposition" was served by means of United States mail, first class postage prepaid, upon the following: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17109 Jean Davis Reporting 7786 Hanoverdale Drive Harrisburg, PA 17112 i? C^ a Z. Santone David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 233-5731 Fax: (717) 231-6637 Email: ddowling@rhoads-sinon.com Attorneys for Plaintiff BARRY FIRESTONE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW V. NO. 07-6696 CIVIL TERM RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants : JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Corporate Designee Parsons Company, Inc. c/o Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17109 PLEASE TAKE NOTICE that pursuant to Pa. R. Civ. P. 4007.1(e), the Plaintiff will take the deposition of the Corporate Designee of Parsons Company, Inc., upon oral examination, for the purpose of discovery or for use at trial, before a Notary Public, or other person authorized to administer oaths at the office of Rhoads & Sinon LLP, One South Market Square, 12th Floor, Harrisburg, PA 17108, on Thursday, January 7, 2010 at 10:30 a.m., on all matters not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action and continuing from day to day until completed. Defendant is expected to testify on the following matters: 1. all matters described in the Complaint, including; 673581.1 a. actions of driver; b. safety training; corporate policy regarding driver training; d. allegations as described in the Complaint Further, pursuant to Pa. R.Civ.P. 4009.1, et seq., the deponent is requested to bring with him the following documents: (1) All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impressions, conclusions or opinions respecting the value or merit of the claim or defense. (2) Copies of declaration sheets for each and every policy insuring you against the claims made in the instant action. (3) Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. (4) The entire claims investigation or claim file for policy no. 05CPA0728390, claim no. 395194, date of loss: November 6, 2005, regarding your insured I P I CO Parsons Co Inc. and/or Rodney Lee Remley, driver, whether formally designated as such or otherwise. (5) Copies of any and all photographs, DVD's, and/or video tapes regarding the motor vehicle accident of November 6, 2005. (6) Any and all recorded, transcribed statements of any parties or witnesses to the motor vehicle accident of November 6, 2005. (7) Any and all written statements of any parties or witnesses to the motor vehicle accident of November 6, 2005. (8) Any and all investigative or reconstruction reports regarding the motor vehicle accident of November 6, 2005. (9) A copy of the declaration pages from the policy in effect at the time of the motor vehicle accident of November 6, 2005 and each and every policy insuring you against the claims made in the instant action. -2- (10) Any and all documentation maintained by you and/or your legal or insurance representatives, concerning the issues raised in the pleadings filed in this matter, excluding mental impressions, opinions and material protected by attorney/client privilege. Defendant is required under Pa. R. Civ. P. 4007.1(e) to designate one or more officers, directors or managing agents or other persons who will testify on its behalf as to the issues raised in this action. RHOADS & SINON LLP B \ 3C:: 'T avid B. Dow ing One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Date: December 4, 2009 -3- CERTIFICATE OF SERVICE I hereby certify that on this day of December, 2009, a true and correct copy of the foregoing document was served by means of First Class U.S. mail, first class, postage prepaid, upon the following: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17109 Jean Davis Reporting 7786 Hanoverdale Road Harrisburg, PA 17112 C &a L. Santone CERTIFICATE OF SERVICE I hereby certify that on this 5th day of January, 2010, a true and correct copy of the foregoing document was served by means of First Class U.S. mail, first class, postage prepaid, upon the following: Donald M. Desseyn, Esquire c/o Cincinnati Insurance Company 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17109 BARRY FIRESTONE, Plaintiff VS. RODNEY LEE REMLEY and PARSONS COMPANY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6696 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this day of March, 2010, the defendant's motion for protective order is GRANTED in part and by agreement in that the plaintiff is authorized to take the deposition of the corporate designee in this case by video conference. Action on the motion for protective order with regard to the deposition of Rodney Lee Remley is deferred for a period of thirty days within which period the defendant, Parsons Company, Inc., shall indicate to counsel for the plaintiff whether it intends to enter into a stipulation concerning liability. BY THE COURT, ? David B. Dowling, Esquire For the Plaintiff ?nald M. Desseyn, Esquire For the Defendants nnrlm fr t les ewa t 14.G? 3 a f ?v .4 Kevin . Hess, P. J. ca v s a 90 f ~ J DONALD M. DESSEYN, Esquire Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (71?) 791-0400 ATTORNEYS FOR DEFENDANTS BARRY FIRESTONE, Plaintiff v. RODNEY LEE REMLEY, and PARSONS COMPANY, INC. Defendants c> ~ , IN THE COURT OF COMMO P :.,~„ CUMBERLAND COUNTY; -~-- --~ J PENNSYLVANIA .~ ` . . . ,.,, N _ No. 07-6696 CIVIL TERM - `' i ~ CIVIL ACTION -LAW -- ~ ~ °. • ', / ~ ~ v\ . ( JURY TRIAL DEMANDED ) TO THE PROTHONOTARY: STIPULATION AND NOW comes Plaintiff, Barry Firestone (hereinafter "Plaintiff '), and Defendants, Rodney Lee Remley and Parsons Company, Inc. (hereinafter "Defendants"), by and through their respective counsel and hereby jointly agrees and stipulate as to the following: 1. The parties stipulate that Defendant Rodney Lee Remley was operating a 2004 Chevrolet Truck at the time of the subject accident which occurred on November 6, 2005; 2. Rodney Lee Remley, at the time of the subject accident, was operating the vehicle within the course and scope of his employment with Defendant Parsons Company, Inc.; 3. The parties further stipulate that the actions or inactions of Rodney Lee Remley in the operation of the subject vehicle at the time of the accident constituted negligence; 4. The negligence of Rodney Lee Remley proximately caused the motor vehicle accident on November 6, 2005; and, 5. The parties further agree that Plaintiff will not seek to attach and/or recover any amount in excess of the commercial general liability policy of insurance for Defendants which was issued to Parsons Company, Inc. and was in effect at the time of the subject accident. submitted. Date: 08/9~o/U B ' ~ David B. Dow ing, Esqui Attorney for Plaintiff ~, Date: a~/o9 ,toio By: .~/ ~ Donal esseyn, squire Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this 9`~ day of August 2010, I, Donald M. Desseyn, Esquire, Attorney for Defendants, hereby certify that I served a copy of the within Sipulation on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square, 12~' Floor PO Box 1146 Harrisburg, PA 17108-1146 By: Donald M. esseyn, squire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney LD. # 69179 f ? David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 233-5731 Fax: (717) 238-8622 Email: ddowling@rhoads-sinon.com Attorneys for Plaintiff BARRY FIRESTONE, Plaintiff V. RODNEY LEE REMLEY, and PARSONS COMPANY, INC., Defendants FIB-ED-OFF±r; Y 20! I FEB -9 PH 12: 1; =r lD'i?1D?RE.AfiD 11u?J? PENNSYL `.Ii',,` i` IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6696 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END To The Prothonotary: Kindly mark the above captioned matter Settled, Discontinued and Ended upon payment of your costs only. Respectfully Submitted, RHOADS SINON LLP B. id B. Dowh squire Attorney I.D. No. 25452 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 806765.1 CERTIFICATE OF SERVICE I hereby certify that on this day of February 2011, a true and correct copy of the foregoing document was served by means of United States Mail, Postage Prepaid upon the following: Donald M. Desseyn, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17109 806765.(