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HomeMy WebLinkAbout08-3119RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiff ....................................................................................................... ELAINE DURRMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V NO. LOBAR ASSOCIATES, INC.; and, :CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS, INC., t/d/b/a NATIONAL RENT-A- :JURY TRIAL DEMANDED FENCE, Defendants ......................................................................................................: NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ................................................................................................... ELAINE DURRMAN, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V NO. © J1- 3 / T s m LOBAR ASSOCIATES, INC.; and, NATIONIAL CONSTRUCTION :CIVIL ACTION - LAW RENTALS, INC., t/d/b/a :JURY TRIAL DEMANDED NATIONAL RENT-A-FENCE Defendants ...................................................................................................: COMPLAINT AND NOW, this \(? day of May, 2008, comes the Plaintiff, ELAINE DURRMAN, by her attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: 1. Plaintiff, Elaine Durrman, is an adult individual residing at 6163 Mifflin Avenue, Harrisburg, PA, 17111. 2. Defendant, Lobar Associates, Inc., is a Pennsylvania Corporation with an office at 4 Barlo Circle, Dillsburg, PA, 17019; and, which regularly conducts business involving construction in Cumberland County, Pennsylvania. 3. Defendant, National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, is a Pennsylvania Corporation, with an office at 52 South Third Street, Fernwood, PA, 19050; and, which regularly conducts business involving rental of temporary fencing for construction sites in Cumberland County, Pennsylvania. 4. On October 20, 2006, at about 11:45 a.m., Plaintiff was standing near the front entrance of the West Shore Branch of the Harrisburg Area YMCA, located at 410 Fallowfield Road, Camp Hill, Cumberland County, Pennsylvania, escorting teen volunteers out of the building. 5. At that time and place, Defendant Lobar Associates, Inc. was engaged in remodeling the West Shore Branch of the Harrisburg Area YMCA, with a construction site near the front entrance of the building. 6. At that time and place, temporary fencing owned by Defendant National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, had been placed around the construction site of Defendant Lobar Associates, Inc. near the front entrance of the West Shore Branch of the Harrisburg Area YMCA by Defendant Lobar Associates, Inc. 7. At that time and place, just after Plaintiff exited the YMCA building, the aforesaid temporary fencing fell over, at which time it struck Plaintiff in the right leg, causing her to fall and strike her right shoulder, lower back,; and, right hip on a steel door. 8. As a direct and proximate result of being struck by the aforesaid temporary fencing, Plaintiff sustained the following injuries: (A) Right acromioclavicular strain; (B) Sternum sprain; 2 (C) Rib sprain; (D) Sacroiliac strain; (E) SI joint dysfunction; (F) Lumbar strain; (G) Aggravation of lumbar degenerative disc disease; (H) Bilateral iliotibial band syndrome; (I) Bilateral hip bursitis; (J) Bilateral trochanteric bursitis; and, (K) Lumbar radiculopathy. COUNT ONE: ELAINE DURRMAN V LOBAR ASSOCIATES, INC. 9. On or about October 20, 2006, Defendant Lobar Associates, Inc., was responsible for the condition of the temporary fencing around the construction site located at 410 Fallowfield Road, Camp Hill, PA, including but not limited to: safety, maintenance and upkeep. 10. Defendant Lobar Associates, Inc., owed a duty of care to Plaintiff, an invitee utilizing the premises for their :intended purposes, to maintain the premises in such a way as not to cause harm or damages to said other persons and to Plaintiff in particular. 11. The aforesaid fall and resulting injuries and damages to Plaintiff were caused as a direct result of Defendant, Lobar, 3 Associates, Inc., breaching their duty of care; and, by the wanton, careless, reckless, and negligent actions of the Defendant, Lobar Associates, Inc., which consisted of the following: (a) failing to provide a safe walkway for Plaintiff; (b) failing to properly anchor and secure the temporary fencing; (c) leaving the construction area without warning signs, barricades, highlighting, or other warning or notice to persons using the premises that the temporary fence was dangerously unsecured, despite the fact Defendants knew, or should have known, said temporary fencing presented an unobservable and hidden danger; (d) failing to take proper measures to keep the construction site safe during inclement weather, including wind; (e) improperly constructing the aforesaid temporary fencing; and, (f) maintaining temporary fencing which did not comply with applicable building codes, which is negligence. 12. As a result of the injuries she received caused by being struck by the aforesaid temporary fencing, Plaintiff has in the 4 past, and may incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 13. As a further result of being struck by the aforesaid temporary fencing, Plaintiff has suffered a loss of earnings, as well as impairment of her earning capacity and power, and claim is made therefore. 14. As a further result of being struck by the aforesaid temporary fencing, Plaintiff has suffered permanent diminution of her ability to enjoy life and life's pleasures. 15. As a result of the injuries she received from being struck by the aforesaid temporary fencing, Plaintiff has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 16. As a direct and proximate result of being struck by the aforesaid temporary fencing, Plaintiff has incurred other financial expenses and/or losses. WHEREFORE, Plaintiff ELAINE DURRMAN demands judgment against Defendant, LOBAR ASSOCIATES, INC., in an amount: in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, together with interest, delay damages, and costs of suit. 5 COUNT TWO: ELAINE DURRMAN V NATIONAL CONSTRUCTION RENTALS INC. T/D/B/A NATIONAL RENT-A-FENCE 17. Plaintiff incorporates by reference the averments in Paragraphs 1 through 16 above as fully as though herein set forth at length. 18. At that time and place, temporary fencing owned by Defendant National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, had been placed around the construction site of Defendant Lobar Associates near the front entrance of the West Shore Branch of the Harrisburg Area YMCA by Defendant National Construction Rentals, Inc. 19. On or about October 20, 2006, Defendant National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, was responsible for the condition of the temporary fencing around the construction site located at 410 Fallowfield Road, Camp Hill, PA., including but not limited to: safety, maintenance and upkeep. 20. Defendant National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, owed a duty of care to Plaintiff, an invitee utilizing the premises for their intended purposes, to maintain the premises in such a way as not to cause harm or damages to said other persons and to Plaintiff in particular. 6 21. The aforesaid fall and resulting injuries and damages to Plaintiff were caused as a direct result of the Defendant, National Construction Rentals, Inc., t/d/b/a National'Rent-A- Fence breaching their duty of care; and, by the wanton, careless, reckless, and negligent actions of said Defendant which consist of the following: (a) failing to provide a safe walkway for Plaintiff; (b) failing to properly anchor and secure the temporary fencing; (c) leaving the construction area without warning signs, barricades, highlighting, or other warning or notice to persons using the premises that the temporary fencing was dangerously unsecured, despite the fact Defendant knew, or should have know, said temporary fencing presented an unobservable and hidden danger; (d) failing to take proper measures to keep the construction site safe during inclement weather, including wind; (e) improperly constructing the aforesaid temporary fencing; and 7 (f) maintaining temporary fencing which did not comply with applicable building codes, which is negligence per se. WHEREFORE, Plaintiff, ELAINE DURRMAN, demands judgment against Defendant, NATIONAL CONSTRUCTION RENTALS, INC. t/d/b/a NATIONAL RENT-A-FENCE, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, together with interest, delay damages, and costs of suit. Respectfully submitted, Richard F. Maffett, Jr.,` sq. 8 VERIFICATION I, ELAINE DURRMAN, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: 2c( ?CyCCo- LAINE DURRM,N, Plaintiff W SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03119 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DURRMAN ELAINE VS LOBAR ASSOCIATES ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: r ?r'nr T(1 !1/1lYTTTTl? TTT /'? but was unable to locate Them deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE On June 12th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Postage 1.69 Sheriff of Cumberland County Dep York County 45.73 84.42 ? G?I r?0? ?-- 06/12/2008 RICHARD MAFFETT JR Sworn and subscribe to before me this day of , County, Pennsylvania, to A. D. 1. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03119 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DURRMAN ELAINE VS LOBAR ASSOCIATES ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: NATIONAL CONSTRUCTION RENTALS INC TDBA NATIONAL RENT A FENCE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DELAWARE serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 12th , 2008 this office was in receipt of the attached return from DELAWARE Sheriff's Costs: So answers: l? -> Docketing 6.00 Out of County 9.00 -? Surcharge 10.00 R. Thomas Kline-,., .00 Sheriff of Cumberland County .00 25.00 ? 411?/0f' - 06/12/2008 RICHARD MAFFETT JR Sworn and subscribe to before me this day of , A. D. •• PENNY PRESS OF YORK, INC. Ph (717) 843.4078 Fax (717) 848-1360 COUNTY OF YORK OFFICE OF THE SHERIFF S(R )I CI 9 OIL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRMTI©NS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LN E 1 THRU 12 Da NOT DETACH ANY COPIES / 2 COURT NUMBER 08-3119 civil Elaine Durrrr?an 3 DEFENDANT/S/ Lobar Associates Inc et al 4 TYPE OF WRIT OR COMPLAINTN O T I C E, C I C A Notice and Complaint SERVE 0 NAMt Ur INUIVIUUAL, GUMPANY, CURPUKATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Lobar Associates Inc 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO , CITY, BORO. TWP , STATE AND ZIP CODE) AT 4 Barlo Circle Dills burq, PA 17019 7. INDICATE SERVICE U PERSONAL 0 PERSON IN CHARGE DEPUTIZE U CERT MAIL O 1ST CLASS MAIL ? POSTED U OTHER NOW May 21 , 2008 I, SHERIFF F OUNTY,,A, hereby deputize the sheriff of York COUNTY to execute t ' ri th cording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF IMWtOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SU "T E. OF COUNTY Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY CUMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUR'R I C H A R D F. M A F F E T T, J R 10.E §kff HONE NUMBER t t DATE FILED 2201 NORTH SECOND ST.,HARRISBURG, PA 17110 17-24433-416Q 5-19-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed 6 notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THE LNE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 5- 22-2008 16-18-2008 16. HOW SERVED PERSONAyt-I RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER SEE REMARKS BELOW 17. O 1 eby ce0ty and tur a NOT FOUND bfcause I am unab to locate the individual, company, etc. named above. (See remarks below.) TI E O ND AL SERVED / I T ADDRES ER 1 . NOT SHOWN AB VE ( elation i to Defe n(M I 19. Date of Service 20 Time of Se X21. M Date rime 1. %of Int. ate Time Miles Int Date Time Mil Int. ate Time Miles Int. Date' Time Miles Int. Dale Time Miles Int 22. 23. Advance Costs 1125 .00 24 Service Costs ill 25 N/F 26. Mileage 27. Postage 28 Sub Total 0, 29. Pound 30 Notary 31. Surchg. 1 32. Tot. Costs 33 Costs Due or ekxld Check-No . r 34. Foreign County Costs I 35. Advance Costs 36 Service Costs I 37 Notary Cerl 38. Mdeage/PostagefNot Found 39. Total Costs 40 Costs Due or elund 41 AFFIRMED and subscribed to bef a me this h SOANSWERS . 42 day of J U N E 20 0 843 OM'% H 1 Fjr- 1 M. Signature of Dep. Sheriff 0- -049 : , J c TARY 46 Signature of or 01 47 DATE N C -(-.. R IAL S EAL LISA L..FC,,AWAN.NOTARY PUBLIC . County Sheriff RICHARD . P EUE POP, SH I . -9-2008 CITY OF YC)PK. ';'CRK COUNTY 48 Sionature of Foreicn 49 DATF In The Court of Common Pleas of Cumberland County, Pennsylvania Elaine Durrman vs. Lobar Associates Inc et al SERVE: National Construction Rentals Inc No. 08-3119 civil t/d/b/a National Rent-A-Fence Now, May 21, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. d3 g. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20, at ?i o' clock M. served the within upon at by handing to 5a 5, 3rd FernWood, t?A a copy of the original and made known to the contents thereof. So answers, s? She ff of Coun , A Sworn and subscribed before me this day of20 19 ?. 41 NOTARIAL SEAL public KATHLEEN E. McCUEN, Notary Media Boro., Delaware County M Commission Expires April 7, 2010 COSTS SERVICE _ MILEAGE _ AFFIDAVIT MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-tba CMR Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 08-3119 VS. LOBAR ASSOCIATES, CIVIL ACTION - LAW NATIONAL CONSTRUTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE ` JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, National Construction Rental t/d/b/a National Rent-A-Fence, in the above captioned case. MARSHALL DENNEHEY WARNER COLE OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: July 14, 2008 C") C= C= t_„ C-n ? MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-tba'CMR Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 08-3119 VS. : LOBAR ASSOCIATES, CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on July 14, 2008, I served a copy of Defendant National Construction Rental's Entry of Appearance via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff Francis R. Gartner & Associates 10 Sentry Parkway, Suite 301 Bluebell, PA 19422 Attorney for Defendant Lobar Associates Christopher M. Reeser ° C? r? ram :? c,r,r,.+- t:,._ ? .= ? ?, . ?,, yt '?? ? F;rv,` fi „ " . ? ?' f??('. ? t ?? t^" ?-.. .. A . MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN Plaintiff vs. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendants TO: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3119 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney or Plaintiff James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 Attorney for Lobar Associates You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLE OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendants ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: August 5, 2008 717-651-3509 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3119 VS. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT NATIONAL CONSTRUCTION RENTAL. INC. t/d/bla NATIONAL RENT-A-FENCE'S ANSWER WITH NEW MATTER AND CROSSCLAIM PURSUANT TO Pa.R.C.P.1031.1 1. Denied pursuant to Pa.R.C.P. 1029(e). 2. Admitted upon information and belief. 3. Admitted. 4. Denied pursuant to Pa.R.C.P. 1029(e). 5. Admitted. 6. Admitted. 7. Denied pursuant to Pa.R.C.P. 1029(e). 8. a-k. Denied pursuant to Pa.R.C.P. 1029(e). COUNT ONE: ELAINE DURRMAN v. LOBAR ASSOCIATES. INC. 9-16. The averments in Paragraphs 9-16 are directed at a party other than Answering Defendant and therefore, no responsive pleading is required. COUNT TWO: ELAINE DURRMAN v. NATIONAL CONSTRUCTION RENTAL, INC. t/dIb/a NATIONAL RENT-A-FENCE 17. No responsive pleading required 18. Admitted 19. Denied. Defendant Lobar Associates was responsible for the safety, maintenance and upkeep of the fence once it was placed around the construction site by National Construction Rental. 20. The averment in Paragraph 20 is a conclusion of law to which no responsive pleading is required. 21. a-f. The averment in Paragraph 21 and subparagraphs 21 a through 21 f are conclusions of law to which no responsive pleading is required. To the extent that the averment in Paragraph 21 and subparagraphs 21 a through 21 f are deemed to be factual, those averments are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant National Construction Rental t/d/b/a National Rent-A-Fence requests judgment be entered in its favor. NEW MATTER 22. Plaintiffs' claims or any amendment to those claims may be barred by the applicable statute of limitations. 23. Plaintiffs' claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 PA.C.S. §7102. 24. Upon information and belief, the injuries alleged by plaintiff to have occurred in her Complaint may have been caused by a third party who is not named as a defendant in this matter. 25. Upon information and belief, the injuries alleged to have occurred by plaintiff in her Complaint were caused by a force of nature beyond the control of Answering Defendant. WHEREFORE, Defendant National Construction Rental t/d/b/a National Rent-A-Fence requests judgment be entered in its favor. CROSSCLAIM PURSUANT TO Pa.R.C.P.1031.1 National Construction Rental v. Lobar Associates 26. Paragraphs 1-25 of Defendant National Construction Rental Answer with New Matter are incorporated herein by reference as if set forth at length. 27. Defendant National Construction Rental joins defendant Lobar Associates as an Additional Defendant and National Construction Rental asserts a crossclaim for indemnification and contribution against defendant Lobar Associates based upon the allegations contained in plaintiffs Complaint which are incorporated herein by referenced without adoption. 28. Attached hereto as Exhibit A is a copy of the Terms and Conditions of the Agreement between National Construction Rental and Lobar Associates, Inc. Under the Terms and Conditions of the Agreement, defendant Lobar Associates, Inc. is required to indemnify, defend and hold harmless National Construction Rental and its employees, from and against all claims, loss or damage, including attorney's fees arising as a result of injury or death to any person including but not limited to agents or employees of Lobar Associates. Lobar Associates is also required to reimburse National Construction Rental for all expenses, losses, liabilities, claims of any type, including reasonable attorney's fees imposed on or incurred by National Construction Rental as a result of Lobar Associates use or operation of National Construction Rental's equipment or as a result of Lobar Associates' failure to perform any terms of the lease agreement. 29. Pursuant to the terms and conditions of the agreement between Lobar Associates and National Construction Rental, National Construction Rental is entitled to defense and indemnification from Lobar Associates and National Construction Rental asserts a claim for defense and indemnification. WHEREFORE, Defendant National Construction Rental t/d/b/a National Rent-A-Fence requests judgment in its favor and against Lobar Associates, Inc. MARSHALL DENNEHEY WARNER COLE GGIN By: Christopher M. Reeser, Esquire Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: August 5, 2008 EXHIBIT A NATIONAL 1 Tel: (800) 352-5675 www.rentnational.com Page: 1 - Lessee: C148681 Job Site: 0006 Page: 89 Grid: E04 Lobar Associates Inc Job Name: West Shore YMCA 4 Barlo Circle Address: 410 Fallowfield Road Dillsburg, PA 17019 Cross Street: Trindle Road City: Camp Hill, PA 17011 Super: Mark Schrum Bus. Phone: 717-432-3249 Job Phone: 717-418-5649 Order No: RO-197988 PO Number: 05249 Order Date: 10/20/05 Job No: Ordered by: Mark Schrum Salesperson: Sara C - Philadelphia Terms: Net 30 days Location: 059 Philidelphia Est. lnstafft Service Rental Extended Qty Actual MY Item Description UOM Fromrihru One-Time Rate Rate Total JAR*j$- 7-u 5' panels Ft 10125/05 10125/06 5.09 AO t0 Sandbags Ea 10/25/05 10125105 7.00 Notes: -'$750.00 MINIMUM APPLIES TO THIS CONTRACT*- ***FALLOWFIELD ROAD IS A SMALL STREET OFF OF TRINDLE-* NKTAUIR USE ONLY Paid By: ? Cash ? Check # [] CORE DRILLING AT PER FT. _ ?OTHER CHARGES AT PER FT. - Authorized Slgnahre for Above: Lessee must Mo to order removal of rental egrdpmerd. Lessor requires 10 woridng days for removal upon notice of termination of lass. Lessor, as dented In paragraph 1 or the Tares and Conditions on the reverse aide hared (Lessor), agrees to furnish the property/equipment specified above for Installation and one trip removal. Additional Dips for repair, relocation or removal will be bilied at Lessors prevalling rail. MW Oft (30) calendar days. M any amount due has not been paid In full, Lessor shag have the right to remove rental equipment and terminale this Contra d. In addition, Lessee agrees to pay Lessors attomey s teas and r Yncurred ro eMoroe payment ht detirrqueht bltis Time Confirmed Data Time Arrived D Id CmlIIbf I Install ed? ?t S6? l? /44 ?G ly ? Remo / (Print Name) (PrIM Narne) 119 VIK Lessea Qrr'K It- SCL? V, V #1 Lessee Signatur rlatp (Print Name) FOR OFFICE USE ONLY. Were the customer's needs met? pYes []No TERMS AND CONDITIONS Lessor and Lessee: National Construction Rentals, Inc. Wor National Rent-A-Fence, Cc Wor National MobileStorage Co Wor National Sanitation , Co., 8t(or Natioaa) Power Pole, Co., ("Lessor ) hereby leases to Customer ("Lessee"), and Lessee hereby accepts the leased equipment ("Leased Equipment") sablect to the following provisions. Lessee's authority: Lessee variants and represents that it has the right and authority to authorize Lessor to enter upon the property where the Leased Equipment is to be located for its installation, repair, relocation, andior removal. Lessee warrants that any right of way provided by Lessee from. the location where the Leased Equipment is to be stored to the most convenient pvblia way is sufficient to bear the weight of the Leased Equipment and vehicles reasonably required to perform the services herein contracted. It is the intent of this Lease that Lessor shall not be responsible for damage to any private pavement or accompanying subsurface on any route reasonably necessary to perform the serftces herein contracted. To the extent any claims are asserted or litigation filed against Lessor as a result of damage to pavement, roadways, or the like, Lessee hereby agrees to defend and indemnify Lessor against all such claims or actions, at Lessee's sole cost and expense. Default: To the extent allowed by law, Lessee hereby expressly consents to Lessor or its agents entrance upon the property where the Leased Equipment is located for the purpose of reitiov the Leased Equipment, without notice, legal process or prior judicial heating, if a) Upon termination of this Lease for any reason, Lessee does not cooperate to voluntarily return the Lease Equipment; J Lessor exercises any of its rights to retake the Leased Equipment as permitted by operation of law; and/or c; Lessor and/or its agents retake the Leased Equipment to protect it from loss, destruction, or damage. Lessee expressly agrees to allow Lessor and/or its agents to break the lock or seal, if any, on the Leased Equipment. Lessee further expressly agrees to pay all costs and expenses incurred by Lessor in retaking the Leased Equippment, including but not limited to payment of all expenses incurred by the use of repossession agents. Lessee expressly waives all claims for damages and losses physical and pecuniary, caused by retaking the Leased Equipment by Lessor and/or its agents. Lessor -hail not be responsible for damage to property in the container(s) if any, during retaking, and to the extent permitted by law, Lessor shall have the right to either empty the contents of the container(s) at the location where the container(s) is/are located, or to take possession of the propctty and sell the property within the container(s) and offset the costs, expenses, and charges incurred by Lessor dung the repossession and to pay any debt of Lessee to Lessor. 4. Use of property: The Leased Equipment shall be used solely in Lessee's business and kept only at the property specified herein and shall not be removed therefrom without prior written consent of Lessor. Leased Equipment shall be used only within its rated capacity and shall not be used (a) in violation of any law or ordinance and (b) by anyone other than (i) Lessee, (ii) Lessees employee in the course of such employees regular employment, or (iii) authorized agents of Lessee. Lessee is responsible for obtaiiiing all required street or other permits.' i. Rent: Lessee agrees to pay tent due at the rate set forth on Page 1 of this Lease until such time as the Leased Equipment is returned to Lessor and (he Lease is paid in full. a. Fence rentals: Fencing is to be measured uzon installation and billed accordingly The rental price includes installation and removal of chain link or panels. Upon expiration of the rental period, 18 /o of the original contract amount will he charged per month until the fence is removed. Rented fences are not permanent fences and do not meet stateswirmming pool inspection codes. Lessor assumes no liability for Lessee's use of rented fences. Lessee is solely obligated to ensure compliance with all applicable laws. b. Portable toilets: A portable toilet cleaning service is available at Lessee's option and expense. c. Other Equipment: All other tangible property that is made available at Lessee's option shall require a separate agreement documenting the terms of the service. i. Compliance with applicable laws: Lessee shall, at its own expense, comply with all state, federal and local laws and regulations affecting the leased Equipment and its Una:, erection, desiM and transportation, including licensing and building erode requirements, and shall defend, indemnify and hold Lessor harmless from all loss, liability or expense resulting from actual or asserted violations of any such laws, requirements, or regulations. Lessee is responsible for any state, local, or federal taxes, including any property taxes that may apply to the leased Rroperty. Obtaining permits lfcable to the Leased Equipment is Lessee's sole responsibility. The exact manlier m which the Leased Equipment will be used and the trade or occupation of Lessee and t ie qualifications of Lessee are and the control of Lessor. Lessor dierefore expressly disclaims any responsibility for Lessee's compliance or failure to comply vAth OSHA and.'or other governmental safety or health regulations or start . i. Lessee's responsibility: Lessee assumes all ohl gctions and liabilities with respect to possession of the Leased Equipment, and for its us.:, condition and storage during the !.ease Lessen shall, at Lessees own expense, maintain the Leased Equipment in good condition and in good working order. The rent on the Leased Equipment will not be prorated or abated while the Leased. Equipment is being serviced or repaired. In addition, it shall be Lessee's sole responsibility to sutvvy the property on which the Leased Equipment shall be utilized and adequately mark the location of all underground uAties, such that Lessor or Lessor's agents are properly notified of sucb underground utilities. Such underground utilities includes, but is not limited to, telephone lines, sprinkler lines, and fiber optic cables 3. Damage to property: While the Leased Equipment is in Lessee's session, Lasses shall prevent airy contamination of such Leased Equipment with or from radioac9ive, volatile, flazamabie, explosive, toxic or other hazardous material (including oils, solvents, medics wastes,,unsanmmy materials, food stuffs, dead animals, oaint, petroleum products, chemicals, asbestos batteries or tirea).'In the evert of any such contamination, Lessee, at its sole expense, shall lawfully remove and dispose of such contamination, and upon request by Lessor, provide documentation t ;e .-If Leave failato di of the contamination at the request of Lessor or any governmental official, Lessor may remove and dispose of same with all costs associated with said removal and disposal to be charged to Lessee agrees to pay all costs associated dierewith. Any and all cost and expense which results from loss, damage or the destruction of the Leased Equipment or any part thereof from any cause whataitmer, ihcluding but not limited to fire, theft, comprehensive losses, collision, upset, vandalism, accident, negligence. abuse, graffiti, Acts of God and public enemy shall the sole responsibility of Lessee and shall be paid to Lessor to restore or replace said leased Equipment within 10 days of receipt of irvoices therefore. Lessee further agrees to return the Leased Equipment in the same condition it was in at imudlation. Lessee is hereby responsible for all damage or loss tc the Leased Equipment ever, if someone else caused the damage or loss or the cause of the dama a or loss is unknown. Lessee is respaisible for the cost of repair up to the vaiue of the Leased Equipment or if the Leased Equipment is itrerarable, Lessee shall pay the replacement cost of the Leased nipment. Lessee further assumes all risk and liability for the death of or injury to any person or property and for all other risk and lialitlit arising trom the possession, use or storage ofthe Leased utpment. Lessee shall notify Lessor immediately of any accident, occurrence, or fail ie involving the Leased Equipment, and promptly furnis: to Lessor in writing all infornatien mquired in comiection therewith. 9. Optional Property Damage Waiver; Should.Lessee accept Damage Waiver, and provided that the Leased Equipment is aot'i,eing atiiized in violation ofthe Lease, Lessor shall waive any claim against Lessee for damage to the Leased Equipment. Notwithstanding Lessee's im eptance othhe Dantaee Wi;iver, anti any damage due to ft, SligL or tilmne shall remain the responsibility of Lessee. Note: Damage waiver will not cover destroyed units, or theft; only damaged properr% 10. Prohibition against subletfag or assigning: Lessee shall not sstbiet the Leased Equipment, assign or transfer this Lease, or otherwise hire out. or part with possession of any said Leased Equipmem to any person, firm, partnership, association or corporation other than Lessor, without the prior written consent of lessor. 11. Indemnity: Lessee shall indemnity, defend and hold harmless Lessor, and its agents and employee;, from and against all claims, loss or damage, including attorneys fees arising as a result of: (a) fount damage to the Leased Equipment, the property on which the Leased Fqu:ipment is utilized or stored, and any Widergrouad utilities or otner Subterranean articles, the existence and location of which Lessee knew or should have known, due to any cause (except for the intentional conduct of Lessor); (b) injury to or death of any person including but not limbed to agents or employees of Lessee; or (c) damage to any property arising from the use, condition. possession, or storage of the Lensed Equipment. Lessee shall furtiier reitinburse Lessor for all expenses, losses, liabilities, claims of arty type, including reasonable attorney's fees, imposed or, or incurred by Lesser as a result of Lessee's u:.e or operation of the Leased Equipment, or as a result of Lessees failure to perform any terms of tlSis Lease. 12. Litigation: Should any claims be assered or litigation comnenced concerning this Leased or the Leased E luipmeor, the party pirvailin ?r rn such litigation shall he entitled to recover its reasonable attornev's fees and costs incurred as a result of such claims or H62ation, in addition. to such other relief is ma;, be allowed by taw induding attorney s fees incurred it, any bankruptcy or appellate proceeding. 13. Severability: The invalidity of any provision of titia Lease, as detcrr fined by a court of competent jurisdiction sl+ali in no way affect the validity of any other provision hereof. 14. Integrated agreement: Lessee dud Lessor agree that this Lease is the compi•sie and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposa,% understandings and all other agreements, oral or writtta beuveen the pastes. Lessor's failure to object to provisions contained it any communication fi in Lessee shall not be deemed an acceptance thereof or waiver of any provision of this lease. 15. Construction of this Lease: Lessor and Lessee understand, agree, and ackncwledge that: (a) this Lease has been freely negotiaud by both parties; and (b) that in any controversy, dispute, or contest over the meaning, interpretation, validity. or enforcement of this Lease, or any of its terms or conditions, there shall be no inference, presumption or conclusion drawn whatsoever against either party by virtue o: that party having drafted this Lease or any portion thereof. Additional Terns: Prices do not include aiuv federal, state or lees) taxes or other governmental fees, ass_-sn-rant or charges on the Leased Equ;pment. Whenever applicable, the taxes or other fees, assessments or charges will be for the account of Lessee and may be added to the invoice as a separate charge to be paid by Lessee. Omission of a: r taxes or ties does not limit Lesssee's obligation for payment. All risks of loss or damage. to the Leased Equipment shall be borne by Lessee following deiivery at the delivery point specified on the face of this order. Cost of transportation from the delivery point will be for Lessee's account. Lessor reserves the right to select the mean s of shipment and canter, if amr, unless spec:. tic shipping ins aiciru ar q received from Lessee. Lessor shall not be lir.Ne for delays in delivery or noh.delivery, of a!I or part of the Leased Equipment resulting firm any cause beyond its control; inclddifig without limitation, act of God, fire, need, strike, lockout, factory shutdown or alteration., act of civil or milita y authority; aisurrection, not, war, transportation sh - e or delay, weather, accident, operations of law or governmental regulations, or delay in obtaining or inability to obtain labor er material. Delrrery states will be extended to the extent of. delays resuln;tg from the circumstances descn'hed above, and no delivery shall be deemed overdue regardless or` cause if delirvery is made within ninety (90) days from the estimated delivery date. Lessors liability for failure to deliver the Leased Equipment, regardless of cause, will be limited to the payrnetit Lessee of such part of the rent as Lessee may have paid to Lessor.' In no event shall Lessor be liable for any consequential or spe;:ial damages. ' Lessee acknowledges that Lessor is not the manufacturer of the Leased Equipment and that the sole war ra ity made _ with respect , to the, Leased Equipment is that made and given by Manufactrer u as set forth in Manufacturer's current warranty form. Except,as expressly set forth m such warra%4,27Z.' fo warranty, wheth..r of merchantability, fitness fur purpose or, othenrtse, express or implied in fact or by law, is given by Lessor with respect to any Leased Equipment, and no other further or Lability siaf be incurred by Lessor o • reason of manufacture, modification, alteration, sale or lease of any Leased Equipment, whether for breach of any wan-ant, negligence of rianufactur.. or others ,.se. The Leased Equipment is teased Lessor to Lessee in its current condition, as if, with all faults, if any, with the express understanding of Lessee: The obligations of Lessor set forth in Manufacturer's ctirrent -xaitanty form shali he the exclusive min:dy of Lessee for any breach of warranty. In no event shall Lessor be liable for any general, consequential, or incidental damages, including, without limitation, any damages for loss of use, loss of profits, or cost of iepair. . This Lease shall be governed by the Uniform Commercial Code as adopted in die State of California as effective and hi force on the date of this Lease. ' ' ` ?-rte n I PICKUP TICKET . Page: 1 Lessee: C148681 Job Site: 0006 Page: 89 Grid: E04 Lobar Associates Inc Job Name: West Shore YMCA 4 Barlo Circle Address: 410 Fallowfield Road Dillsburg, PA 17019 Cross Street: Trindle Road City/State/Zip: Camp Hill PA 17011 Super: Mark Schrum Bus. Phone: 717-432-3249 Job Phone: 717-418-5649 Order No: RO-197988 PO Number: 05249 Order Date: 01126/07 Job No: Ordered by: Mark Schrum Salesperson: Sara C - Philadelphia Terms: Net 30 days Location: 059 Philadelphia, PA Shipments Item Description Date Due Qty Type Serial No. / Qty PULL ALL DIVISION INVENTORY ,? fS/b7PA6X12 6' panels - Item tA LL G c? ?(} (? t? SB Sand bags 10125/05 21 Item - Al S,wflS 5 ?sQp ?%-'? (h i iv CCu S ; R?LT?o;J M vL --L A COMRLETE INSTALLER L V,\ I )-0 4-- ? DATE )' - ) OTHER b PROMO YES OR 0 EXTRAS YES OR N0: s-VV--?.,j ij 0 i(a t 1 7 ;r ?1 ?? c?, - Gr?tr?.? C-0s'c- -VD a - UC5 P,%, 14 C.-tiPS C2, a G.- k N 9k Z U-5-% . G to U- (bQ-c.\c. J H 07 C1a?.4`?9 G?5 Q t'O r2 4SLt.t - Non- VERIFICATION I, Nancy Devinney, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. NANCY DEVIWEY, Human Rese National Construction Rental t/d/b/a National Rent-A-Fence 19183-tba/AWNM MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 08-3119 VS. LOBAR ASSOCIATES, CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on August 5, 2008, I served a copy of Defendant National Construction Rental's Answer with New Matter via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 Attorney for Defendant Lobar Associates C er M. Reeser S „??? ? ? ?+ S lj?} ?l ? i .+g- VY:. ?y ?. _ ? x ?i ? r a RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 171 10 717-233-4160 Attorney for Plaintiff ............................................................................................:....... ELAINE DURRMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V NO. 08-3119 CIVIL LOBAR ASSOCIATES, INC.; and :CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS, ::JURY TRIAL DEMANDED INC., t/d/b/a NATIONAL RENT-A FENCE, Defendants ...................................................................................................: PRAECIPE FOR DEFAULT JUDGMIENT TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff, Elaine Durrman, and against Defendant, Lobar Associates, Inc. Dated: d- 1--l-A U 7 ,U Richard F. Maffet Jr , Esq. ..................................................................................................... ELAINE DURRMAN, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V NO. 08-3119 CIVIL LOBAR ASSOCIATES, INC.; and :CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS,JURY TRIAL DEMANDED INC., t/d/b/a NATIONAL RENT-A FENCE, Defendants ....................................................................................................: CERTIFICATION I, Richard F. Maffett, Jr., Esquire, hereby certify pursuant to Pa. R.C.P. No. 237.1, that a Complaint was filed in this matter on May 19, 2008 and served by Sheriff on Defendant Lobar Associates, Inc. on May 30, 2008. I further certify that the attached Notice of Intention to File Default Judgment was mailed by United States Mail, first class, postage prepaid on August 7, 2008, to Defendant Lobar Associates at the following address: Lobar Associates, Inc. 4 Barlo Circle Dillsburg, PA 17019 Defendant Lobar Associates, Inc. has not filed a pleading in response to Plaintiff's Complaint. Dated: Richard F. Maffet Jr., sq. \RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff ..................................................................................................... ELAINE DURRMAN, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 08-3119 CIVIL LOBAR ASSOCIATES, INC.; and :CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS, '; JURY TRIAL DEMANDED INC., t/d/b/a NATIONAL RENT-A- FENCE, Defendants ....................................................................................................: TO: LOBAR ASSOCIATES, INC., Defendant 4 Barlo Circle Dillsburg, PA 17019 DATE OF NOTICE: 08/07/08 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE. CARLISLE, PA 1701 717-249-3166 800-990-9108 Richard F. Maf t, Jr., Esq. fI4 ................................................................................................... . ELAINE DURRMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V NO. 08-3119 CIVIL LOBAR ASSOCIATES, INC.; and :CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS, ::JURY TRIAL DEMANDED INC., t/d/b/a NATIONAL RENT-A FENCE, Defendants ....................................................................................................: CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Praecipe For Default Judgment and Certification by depositing same in the United States Mail, postage prepaid, addressed as follows: Lobar Associates, Inc. 4 Barlo Circle Dillsburg, PA 17019 Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendant, National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence 11 Dated: A jl,k4?1-T Richard F. Maffett, ., sq. w t A- .y RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff ....................................................................................................... ELAINE DURRMAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V NO. 08-3119 CIVIL ACTION - LAW LOBAR ASSOCIATES, NATIONAL JURY TRIAL DEMANDED CONSTRUCTION RENTALS, t/d/b/a NATIONAL RENT-A-FENCE, Defendants ......................................................................................................: PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE AND NOW, this )--k-2 day of r , 2008, comes the Plaintiff, ELAINE DURRMAN, by her attorney, Richard F. Maffett, Jr., Esquire; and, in response to Defendant's New Matter, respectfully represent the following: 22. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied that any applicable statute of limitation is any bar to Plaintiff's claims in this action. 23. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied that Plaintiff's claims are barred or limited in any way by the Pennsylvania Comparative Negligence Act. 24. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Plaintiff's injuries were caused by any third party not already named as a Defendant in this case. 25. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Plaintiff's injuries were caused by a force of nature beyond the control of Defendant. On the contrary, the forces of nature in the instant case were foreseeable and controllable by Defendant upon the exercise of due care, which Defendant failed to do. WHEREFORE, Plaintiff ELAINE DURRMAN demands judgment in her favor and against Defendant, dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, Richard F. Maffe t, 2 J , . -4 VERIFICATION I, ELAINE DURRMAN, Plaintiff herein, have read the foregoing Plaintiff's Reply To New Matter Of Defendant National Construction Rentals t/d/b/a National Rent-A-Fence and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: 08/29/08 ELAtIl"t DUR N CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 G 7 1 Dated: Richard F. 4aff-ffett , Jr., Esq. t z ?w?A l 0.41 WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 BY: Brian J. Madden, Esquire Attorney I.D. No. 205701 1500 Market Street - Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 (267) 675-3023 Attorneys for Defendant, Lobar Associates, Inc. ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY V. LOBAR ASSOCIATES, INC., CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS : d/b/a NATIONAL RENT-A-FENCE No. 08-3119 DEFENDANT LOBAR ASSOCIATES, INC.'S PETITION TO OPEN DEFAULT JUDGMENT Defendant, Lobar Associates, Inc. (hereinafter referred to as "Lobar"), by and through its attorney, James H. Rohlfing, Esquire, hereby files this Petition to Open Default Judgment entered against it in the above action. In support thereof, Defendant avers the following: 1. Plaintiff allegedly injured herself on October 20, 2006 at or near the West Shore Branch of the Harrisburg Area YMCA. See attached Complaint marked Exhibit "A". 2. On May 19, 2008, the plaintiff filed her Complaint. 3. On May 30, 2008, the York County Sheriff delivered the Complaint to Lobar Associates, Inc. at 4 Barlo Circle, Dillsburg, PA 17019. 4. After the Complaint was delivered, no other correspondence was sent to defendant until the Notice of Default in early August, 2008. A.4% 5. On August 27, 2008, the Plaintiff filed a Praecipe for Default Judgment. See Certificate of Service attached as Exhibit "B". 6. This Notice was promptly forwarded to Lobar Associates, Inc.'s claim service and then promptly forwarded to counsel. 7. The file was then forwarded to James H. Rohlfing, Esquire. 8. Mr. Rohlfing entered his appearance on or around September 8, 2008. 9. Mr. Rohlfing investigated and researched the above happenings and filed this Petition to Open Default Judgment as promptly as possible. 10. Mr. Rohlfing advised plaintiffs attorney that he would do so on September 4, 2008. 11. According to Pa. R.C.P. 237.3(b), which provides: "If the petition is filed within 10 days after the entry of the judgment on the docket, the court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense." 12. The Praecipe for Default Judgment was filed on August 27, 2008. Ten (10) days from that date is Saturday, September 6th. 13. Pa. R.C.P. 106(b) provides: "Whenever the last day of any such period shall fall on Saturday or Sunday, or any day made a legal holiday by the laws of the Commonwealth or of the United States, such day shall be omitted from the computation." 14. Therefore, this petition to open judgment is timely as filed on Monday, September 8, 2008. 15. Since the plaintiff is believed to have fallen due to her own fault and/or the fault of co-defendant, defendant Lobar Associates, Inc. has a meritorious defense. 2 fi WHEREFORE, Defendant Lobar Associates, Inc. respectfully requests this Honorable Court enter an Order granting defendant's Petition to Open Default Judgment. Respectfully submitted, WILLIAM J. FERREN & ASSOCIATES BY: Attorneys fOY'Defenda Lobar Associates, Inc. DATED: September 8, 2008 G, INQUIRE 3 0.0 WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 BY: Brian J. Madden, Esquire Attorney I.D. No. 205701 1500 Market Street - Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 (267) 675-3023 Attorneys for Defendant, Lobar Associates, Inc. ELAINE DURRMAN V. LOBAR ASSOCIATES, INC., NATIONAL CONSTRUCTION RENTALS : d/b/a NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW No. 08-3119 DEFENDANT LOBAR ASSOCIATES, INC.'S MEMORANDUM OF LAW IN SUPPORT OF ITS PETITION TO OPEN DEFAULT JUDGMENT 1. ARGUMENT: A. Introduction: A Petition to Open Default Judgment is an appeal to the Court's equitable powers, and may be granted when the petitioner promptly files a petition to open, offers a legitimate excuse, and provides a meritorious defense. Duckson v. Wee Wheelers, Inc., 423 Pa. Super 251, 620 A.2d 1206, 1209 (1993). In considering the above elements, the court must weigh the equities presented by the circumstances in the case as well as balance the prejudice to both sides in reaching its decision. Duckson, 620 A.2d at 1208. B. Timely Filed Petition to Open Default: In the present case, the Praecipe for Default Judgment was filed on August 27, 2008. According to Pa. R.C.P. 237.3(b), which provides: r "If the petition is filed within 10 days after the entry of the judgment on the docket, the court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense." Ten (10) days from the date of filing is Saturday, September 6, 2008. However, Pa. R.C.P. 106(b) provides: "Whenever the last day of any such period shall fall on Saturday or Sunday, or any day made a legal holiday by the laws of the Commonwealth or of the United States, such day shall be omitted from the computation." This petition is filed on Monday, September 8, 2008. This is the first available day for filing after the deadline date which fell on a Saturday. Therefore, this petition is timely. C. Meritorious Defense: It is believed that the plaintiff fell outside the YMCA. It is believed that plaintiff fell due to her own fault and/or the fault of the co-defendant. Lobar does not control the parking lot area. There is also evidence to show that Lobar Associates, Inc. was reasonable and careful in all of its other actions. Defendant will deny any wrong doing and therefore a meritorious defense exists. This defendant has a clear defense. According to Duckson and Pa. R.C.P. 237.3, the defendant need only prove it has a valid defense Certainly, the above addresses multiple meritorious defenses that should be addressed in a court of law. II. CONCLUSION: Based on the foregoing analysis, it is respectfully submitted that the overall equities in this case warrant opening the default judgment. Defendant has made a strong showing to support its 2 Petition. The prejudice to Defendant is great while minimal to the plaintiff. Based on the above, defendant respectfully requests the Petition to Open Default be granted. BY: WILLIAM J. FERREN & ASSOCIATES H. R FING y UIRE J. ESOUIRE Attorneys for D#fenda Lobar Associates, Inc. DATED: September 8, 2008 2 VERIFICATION I, JAMES H. ROHLFING, ESQUIRE, state that I am the attorney for the Defendant, LOBAR ASSOCIATES, INC., herein, that I an acquainted with the facts set forth in the foregoing Petition to Open Default Judgment; that the same are true and correct to the best of my knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unworn falsification to authorities. BY: DATED: September 8, 2008 X ..................................................................................................... ELAINE DLW MAN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA etvz l T? c V NO . D P- 3119 LOBAR ASSOCIATES, INC.; and, NATIONIAL CONSTRUCTION :CIVIL ACTION - LAST RENTALS, INC., t/d/b/a `:JURY TRIAL DEMANDED NATIONAL RENT-A-FENCE Defendants ....................................................................................................: COMPLAINT AND NOW, this \(? day of May, 2008, comes the Plaintiff, ELAINE DURRMAN, by her attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: 1. Plaintiff, Elaine Durrman, is an adult individual residing at 6163 Mifflin Avenue, Harrisburg, PA, 17111. 2. Defendant, Lobar Associates, Inc., is a Pennsylvania Corporation with an office at 4 Barlo Circle, Dillsburg, PA, 17019; and, which regularly conducts business involving construction in Cumberland County, Pennsylvania. 3. Defendant, National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, is a Pennsylvania Corporation, with an office at 52 South Third Street, Fernwood, PA, 19050; and, which regularly conducts business involving rental of temporary fencing for construction sites in Cumberland County, Pennsylvania. 4. On October 20, 2006, at about 11:45 a.m., Plaintiff was standing near the front entrance of the West Shore Branch of the EFENDANrS EXHfBI 1 Harrisburg Area YMCA, located at 410 Fallowfield Road, Camp Hill, Cumberland County, Pennsylvania, escorting teen volunteers out of the building. 5. At that time and place, Defendant Lobar Associates, Inc. was engaged in remodeling the West Shore Branch of the Harrisburg Area YMCA, with a construction site near the front entrance of the building. 6. At that time and place, temporary fencing owned by Defendant National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, had been placed around the construction site of Defendant Lobar Associates, Inc. near the front entrance of the West Shore Branch of the Harrisburg Area YMCA by Defendant Lobar Associates, Inc. 7. At that time and place, just after Plaintiff exited the YMCA building, the aforesaid temporary fencing fell over, at which time it struck Plaintiff in the right leg, causing her to fall and strike her right shoulder, lower back; and, right hip on a steel door. 8. As a direct and proximate result of being struck by the aforesaid temporary fencing, Plaintiff sustained the following injuries: (A) Right acromioclavicular strain; (B) Sternum sprain; 2 4. 4 (C) Rib sprain; (D) Sacroiliac strain; (E) SI joint dysfunction; (F) Lumbar strain; (G) Aggravation of lumbar degenerative disc disease; (H) Bilateral iliotibial band syndrome; (I) Bilateral hip bursitis; (J) Bilateral trochanteric bursitis; and, (K) Lumbar radiculopathy. COUNT ONE: ELAINE DUMOMN V LOBAR ASSOCIATES, INC. 9. On or about October 20, 2006, Defendant Lobar Associates, Inc., was responsible for the condition of the temporary fencing around the construction site located at 410 Fallowfield Road, Camp Hill, PA, including but not limited to: safety, maintenance and upkeep. 10. Defendant Lobar Associates, Inc., owed a duty of care to Plaintiff, an invitee utilizing the premises for their intended purposes, to maintain the premises in such a way as not to cause harm or damages to said other persons and to Plaintiff in particular. 11. The aforesaid fall and resulting injuries and damages to Plaintiff were caused as a direct result of Defendant, Lobar 3 r? 4 Associates, Inc., breaching their duty of care; and, by the wanton, careless, reckless, and negligent actions of the Defendant, Lobar Associates, Inc., which consisted of the following: (a) failing to provide a safe walkway for Plaintiff; (b) failing to properly anchor and secure the temporary fencing; (c) leaving the construction area without warning signs, barricades, highlighting, or other warning or notice to persons using the premises that the temporary fence was dangerously unsecured, despite the fact Defendants knew, or should have known, said temporary fencing presented an unobservable and hidden danger; (d) failing to take proper measures to keep the construction site safe during inclement weather, including wind; (e) improperly constructing the aforesaid temporary fencing; and, (f) maintaining temporary fencing which did not comply with applicable building codes, which is negligence. 12. As a result of the injuries she received caused by being struck by the aforesaid temporary fencing, Plaintiff has in the 4 l t Jt past, and may incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 13. As a further result of being struck by the aforesaid temporary fencing, Plaintiff has suffered a loss of earnings, as well as impairment of her earning capacity and power, and claim is made therefore. 14. As a further result of being struck by the aforesaid temporary fencing, Plaintiff has suffered permanent diminution of her ability to enjoy life and life's pleasures. 15. As a result of the injuries she received from being struck by the aforesaid temporary fencing, Plaintiff has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 16. As a direct and proximate result of being struck by the aforesaid temporary fencing, Plaintiff has incurred other financial expenses and/or losses. WHEREFORE, Plaintiff ELAINE DURRMAN demands judgment against Defendant, LOBAR ASSOCIATES, INC., in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, together with interest, delay damages, and costs of suit. 5 COUNT TWO: ELAINE DURRMAN V NATIONAL CONSTRUCTION RENTALS INC T/D/H/A NATIONAL RENT-A-FENCE 17. Plaintiff incorporates by reference the averments in Paragraphs 1 through 16 above as fully as though herein set forth at length. 18. At that time and place, temporary fencing owned by Defendant National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, had been placed around the construction site of Defendant Lobar Associates near the front entrance of the West Shore Branch of the Harrisburg Area YMCA by Defendant National Construction Rentals, Inc. 19. On or about October 20, 2006, Defendant National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, was responsible for the condition of the temporary fencing around the construction site located at 410 Fallowfield Road, Camp Hill, PA., including but not limited to: safety, maintenance and upkeep. 20. Defendant National Construction Rentals, Inc., t/d/b/a National Rent-A-Fence, owed a duty of care to Plaintiff, an invitee utilizing the premises for their intended purposes, to maintain the premises in such a way as not to cause harm or damages to said other persons and to Plaintiff in particular. 6 • i r 1 ' • L I 21. The aforesaid fall and resulting injuries and damages to Plaintiff were caused as a direct result of the Defendant, National Construction Rentals, Inc., t/d/b/a National'Rent-A- Fence breaching their duty of care; and, by the wanton, careless, reckless, and negligent actions of said Defendant which consist of the following: (a) failing to provide a safe walkway for Plaintiff; (b) failing to properly anchor and secure the temporary fencing; (c) leaving the construction area without warning signs, barricades, highlighting, or other warning or notice to persons using the premises that the temporary fencing was dangerously unsecured, despite the fact Defendant knew, or should have know, said temporary fencing presented an unobservable and hidden danger; (d) failing to take proper measures to keep the construction site safe during inclement weather, including wind; (e) improperly constructing the aforesaid temporary fencing; and 7 O (f) maintaining temporary fencing which did not comply with applicable building codes, which is negligence per se. WHEREFORE, Plaintiff, ELAINE DUPIOW, demands judgment against Defendant, NATIONAL CONSTRUCTION RENTALS, INC. t/d/b/a NATIONAL RENT-A-FENCE, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, together with interest, delay damages, and costs of suit. Respectfully submitted, Ri hard F. Maffett, Jr., sq. 8 t VERIFICATION I, BLAINE DURRMAN, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. .? q Dated: , ??' I*LAINZ D , Plaintiff t RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff ELAINE DURRMAN, IN THE COURT OP COMWN PLEAS Plaintiff CUM9RT AND COUNTY, PENNSYLVANIA v NO. 08-3119 CIVIL LOBAR ASSOCIATES, INC.; and 'CIVIL ACTION - LAW p NATIONAL CONSTRUCTION RENTALS, ;JURY TRIAL DEMANDED r?7 n INC., t/d/b/a NATIONAL RENT-A- MM PENCE, !.. _7 Defendants ..................................................................................................... E5 PgECIPE FOA DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff, Elaine Durrman, and against Defendant, Lobar Associates, Inc. Dated: y/'U()g lb-1-11 Jth::?01, - -. Richard F. Maffet Jr , Esq. EXHIBIT 4 14 S CERTIFICATE OF SERVICE I, JAMES H. ROHLFING, ESQUIRE, hereby certify that a true and correct copy of the foregoing Pleading was served via United States first class mail upon the following counsel: Richard F. Maffett, Jr. Esquire 2201 North Second Street Harrisburg, PA 17110 Christopher M. Reeser, Esquire 4200 Crums Mill Road - Suite B Harrisburg, PA 17112 BY: DATED: September 8, 2008 ' ;J r CC) `. ry LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 BY: Brian J. Madden, Esquire Attorney I.D. No. 205701 1500 Market Street, Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 (267) 675-3023 ELAINE DURRMAN V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE Attorneys for Defendant, Lobar Associates, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL ENTRY OF APPEARANCE/JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly enter our appearances on behalf of Defendant, Lobar Associates, Inc., with regard to the above-captioned matter. A jury of twelve (12) persons is hereby demanded. WILLIAM J. FERREN & ASSOCIATES DATED: - O S /'d 111? BY: (504W JAMS R FING, ESQUIRE Atto y for Defendant, Lobar Associates, Inc. WILLIAM J. FER$EN & ASSOCIATES DATED: S 8 BY: BRIAN J. MAN, ESQUIRE Attorney for a ndant, Lobar Associates, Inc. ,l' L CERTIFICATE OF SERVICE I, JAMES H. ROHLFING, ESQUIRE, hereby certify that a true and correct copy of the foregoing Entry of Appearance was served via United States first class mail upon the following counsel: Christopher M. Reeser, Esquire Marshall, Dennehy, et al 4200 Crums Mill Road, Ste. B Harrisburg, PA 17112 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 WILLIAM J. FERREN & ASSOCIATES DATED: g ©g BY: 14"L JAMES . O FING, ESQUIRE ?? ?^ .?. -?? ?_ ?? ? .? 5 .aMyi i .vb y ?? ? h 4r+? wH";:? ; ? ?`5 ,?., /? p J .*?. ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY V. : LOBAR ASSOCIATES, INC., CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS : d/bla NATIONAL RENT-A-FENCE No. 08-3119 ORDER AND NOW, this 1 ek- day of !5 -- , 2008, upon consideration of Defendant's Petition to Open Default Judgment and plaintiffs response thereto, it is hereby ORDERED that said Petition is GRANTED and that the default judgment be lifted and that Defendant Lobar Associates, Inc. shall have twenty (20) days from the date of this Order to answer or otherwise plead to plaintiffs Complaint. COURT: J. -007 )PUof Ad 0 VA QNO, n _ y 0 :6 WY j3S $a, d?41C?1U,?i0" fit? U/Tz . 9?-CO TO PLAINTIFF AND CO-DEFENDANT: YOU ARE HEREBY NOTIFIED TO ANSWER THE ENCLOSED NEW MATTER AND NEW MATTER CROSSCLAIM WITHIN TWENTY (20) DAYS OF SERVICE HEREOF. WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 BY: Brian J. Madden, Esquire Attorney I.D. No. 205701 1500 Market Street - Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 (267) 675-3023 Attorneys for Defendant, Lobar Associates, Inc. 1? re? JA ES ING, UIRE ELAINE DURRMAN V. LOBAR ASSOCIATES, INC., NATIONAL CONSTRUCTION RENTALS : d/b/a NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW No. 08-3119 DEFENDANT LOBAR ASSOCIATES, INC.'S ANSWER WITH NEW MATTER AND NEW MATTER CROSS CLAIM PURSUANT TO Pa. R.C.P. 1031.1 Defendant, Lobar Associates, Inc., by and through its attorneys, William J. Ferren & Associates, hereby answers plaintiff's Complaint and avers New Matter and New Matter Crossclaim as follows: 1. Denied pursuant to Pa. R.C.P. 1029(e) 2. Admitted. 3. Admitted upon information and belief. 4. Denied pursuant Pa. R.C.P. 1029(e). 5. Admitted upon information and belief. 6. Admitted upon information and belief. 7. Denied pursuant Pa. R.C.P. 1029(e). 8. a-k. Denied pursuant to Pa. R.C.P. 1029(e). COUNT ONE: ELAINE DURRMAN v. LOBAR ASSOCIATES, INC. 9. The averments contained in this paragraph are denied as a conclusion of law. Strict proof to the contrary is required at the time of trial. 10. The averments contained in this paragraph are denied as conclusions of law. Strict proof to the contrary is required at the time of trial. 11. The averments contained in this paragraph are denied as conclusions of law. Strict proof to the contrary is required at the time of trial. 12. The averments contained in this paragraph are denied as conclusions of law. Strict proof to the contrary is required at the time of trial. Further, answering defendant is without information or knowledge sufficient to answer this paragraph. 13. The averments contained in this paragraph are denied as conclusions of law. Strict proof to the contrary is required at the time of trial. Further, answering defendant is without information or knowledge sufficient to answer this paragraph. 14. The averments contained in this paragraph are denied as conclusions of law. Strict proof to the contrary is required at the time of trial. Further, answering defendant is without information or knowledge sufficient to answer this paragraph. 2 15. The averments contained in this paragraph are denied as conclusions of law. Strict proof to the contrary is required at the time of trial. Further, answering defendant is without information or knowledge sufficient to answer this paragraph. 16. The averments contained in this paragraph are denied as conclusions of law. Strict proof to the contrary is required at the time of trial. Further, answering defendant is without information or knowledge sufficient to answer this paragraph. WHEREFORE, Defendant Lobar Associates, Inc. requests judgment be entered in its favor. COUNT TWO ELAINE DURRMAN V. NATIONAL CONSTRUCTION RENTAL, INC. d/b/a NATIONAL RENT A FENCE 17-21. The averments in paragraphs 17 through 21 are directed to a party other than answering defendant and therefore, no responsive pleading is required. NEW MATTER 22. The Answering Defendant is immune from liability pursuant to the immunity afforded by the Pennsylvania Worker's Compensation laws. 23. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. 24. The claims of the plaintiff are barred in whole or in part by the applicable statute of limitations. 25. Plaintiff's claims are barred in whole or in part by the Doctrine of Assumption of Risk and/or comparative negligence. 3 26. The Complaint of the plaintiff fails to state a cause of action upon which relief may be granted. 27. Answering Defendant specifically denies any negligence, carelessness, or failure in any duties allegedly owed to plaintiff on her part. 28. If plaintiff sustained any damages as alleged in her Complaint, these allegations being specifically denied by the Answering Defendant, then those damages were caused by the acts or omissions of persons other than the Answering Defendant over whom the Answering Defendant had no control or right to control. 29. The plaintiff has failed to mitigate her damages. WHEREFORE, Answering Defendant Lobar Associates, Inc. respectfully requests that judgment be entered in its favor and against plaintiff along with attorney' s fees and other costs that the Court deems just and proper. NEW MATTER CROSSCLAIM PURSUANT TO Pa. R.C.P. 1031.1- COUNT I AGAINST CO-DEFENDANT 30. The incident referenced in Plaintiffs Complaint was caused solely by the negligence, carelessness and/or recklessness of Co-Defendant National Construction Rental d/b/a National Rent-A-Fence and was due in no matter whatsoever to any act or failure to act on the part of Answering Defendant, Lobar Associates, Inc. 31. Co-Defendant National Construction Rental d/b/a National Rent-A-Fence is alone and solely is liable to Plaintiff. 32. If any liability is judicially determined against Answering Defendant Lobar Associates, Inc. with all such liability being specifically denied, then it is averred that Co- Defendant National Construction Rental d/b/a National Rent-A-Fence is liable over to 4 Answering Defendant Lobar Associates, Inc. by way of indemnification or contribution and/or is jointly and severally liable with Answering Defendant Lobar Associates, Inc. WHEREFORE, Answering Defendant Lobar Associates, Inc. demands judgment against Co-Defendant National Construction Rental d/b/a National Rent-A-Fence and hereby crossclaims pursuant to Pa. R.C.P. 1031.1. WILLIAM J. FERREN & ASSOCIATES DATED: I v / o 7 BY: J E H. HL IN , SQUIRE B J. M , ESQUIRE Attorneys for Defendant, Lobar Associates, Inc. 5 VERIFICATION I, JAMES H. ROHLFING, ESQUIRE, state that I am the attorney for the Defendant, LOBAR ASSOCIATES, INC., herein, that I an acquainted with the facts set forth in the foregoing Answer with New Matter and New Matter Crossclaim Pursuant to Pa. R.C.P. 1031.1; that the same are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unworn falsification to authorities. BY: DATED: 9 It y 1 CERTIFICATE OF SERVICE I, JAMES H. ROHLFING, ESQUIRE, hereby certify that a true and correct copy of the foregoing Pleading was served via United States first class mail upon the following counsel: Richard F. Maffett, Jr. Esquire 2201 North Second Street Harrisburg, PA 17110 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, et al. 4200 Crums Mill Road - Suite B Harrisburg, PA 17112 BY: DATED: 1)[F)OW N C J ':.)M E - AA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELAINE DURRMAN Plaintiff No. 08-3119 VS. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT NATIONAL CONSTRUCTION RENTAL. INC. t/d/b/a NATIONAL RENT-A-FENCE'S ANSWER TO CROSSCLAIM OF LOBAR ASSOCIATES 30-32. The averments in Paragraphs 30-32 of Defendant Lobar Associates' Crossclaim against National Construction Rentals are conclusions of law to which no responsive pleading is required. To the extent that the averments in Paragraphs 30-32 are deemed to be factual, those averments are denied pursuant to Pa.R.C.P. 1029(e). .Jft WHEREFORE, Defendant National Construction Rental t/d/b/a National Rent-A-Fence requests judgment in its favor. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christop er M. Reeser, Esquire Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: September 23, 2008 ? ? v - ?" ? ---+ , r om-. ? Q , { °° ? N -=i F ?^ MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 08-3119 vs. LOBAR ASSOCIATES, CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on September 24, 2008, I served a copy of Defendant National Construction Rental's Answer to Crossclaim of Lobar Associates via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 Attorney for Defendant Lobar Associates C4' er M. Reeser C4 N J RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff ....................................................................................................... ELAINE DURRMAN, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V :NO. 08-3119 'CIVIL ACTION - LAW LOBAR ASSOCIATES, NATIONAL :JURY TRIAL DEMANDED CONSTRUCTION RENTALS, t/d/b/a NATIONAL RENT-A-FENCE, Defendants ......................................................................................................: PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, LOBAR ASSOCIATES AND NOW, thisl[A day of October, 2008, comes the Plaintiff, ELAINE DURRMAN, by her attorney, Richard F. Maffett, Jr., Esquire; and, in response to Defendant's New Matter, respectfully represent the following: 22. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Defendant is afforded any immunity from liability by the Pennsylvania Workers' Compensation Laws. 23. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Plaintiff's claims are barred or limited in any way by the Pennsylvania Comparative Negligence Act. 24. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Plaintiff's claims are barred in any way by any statute of limitations. 25. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied Plaintiff assumed any risk which would bar her claims and/or that she was negligent in any way. 26. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, Plaintiff's Complaint clearly states causes of action upon which relief may be granted. 27. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, Defendant was negligent, careless and failed in their duties owed to Plaintiff as set forth in detail in Plaintiff's Complaint. 28. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, Plaintiff sustained the damages alleged in her Complaint which were caused by the acts and omissions of Defendant and their Co- Defendant National Construction Rentals d/b/a National Rent-A- Fence as alleged in Plaintiff's Complaint and not by any other persons over whom Defendant had no control. 2 29. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, Plaintiff has made every effort to mitigate her damages. WHEREFORE, Plaintiff ELAINE DURRMAN demands judgment in her favor and against Defendant, dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, Richard F. Maffett, Jr., Esq. 3 J VERIFICATION I, ELAINE DURRMAN, Plaintiff herein, have read the foregoing Plaintiff's Reply To New Matter Of Defendant Lobar Associates and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. i Dated: 10/29/08 /AINE DUR MAN CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Reply to Defendant Lobar Associates' New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: James H. Rohlfing, Esquire William J. Ferren & Associates 1500 Market Street, Suite 2920 29th Floor, West Tower Philadelphia, PA. 19102 And Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: Id ?y / /f j 7) Richard F. Maff t, J ., Es q, ?_ ?,7 =rt .,?7 ? ? ^'Tl a`! ? .. ` ,? . ''?? t 1!. '?? ?} LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 1500 Market Street, Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 ELAINE DURRMAN COURT OF COMMON PLEAS V. CUMBERLAND COUNTY LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE NO.: 08-3119 CIVIL DEFENDANT, LOBAR ASSOCIATES, INC.'S MOTION TO COMPEL DISCOVERY DIRECTED TO PLAINTIFF AND NOW, comes the Defendant(s), and prays that this Honorable Court make an appropriate Order for failure of Plaintiff, Elaine Durrman, to answer Moving Defendant's Interrogatories and Request for Production of Documents. 1. Moving Defendant forwarded Interrogatories and a Request for Production of Documents to Plaintiff's counsel, Richard F. Maffett, Jr., on September 19, 2008. 2. To date, Plaintiff has not responded to this written discovery, nor has she sought a protective order. 3. Moving Defendant is entitled to receive these answers to discovery requests and will be prejudiced by Plaintiff's failure to provide them. WHEREFORE, Moving Defendants asks the Court to enter an Order directing Plaintiff, Elaine Durrman, to provide answers to Defendant's Interrogatories and Request for Production of Documents. WILLIAM J. FERREN & ASSOCIATES BY: LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 1500 Market Street, Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 ELAINE DURRMAN COURT OF COMMON PLEAS V. CUMBERLAND COUNTY LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE NO.: 08-3119 CIVIL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL I. FACTS Moving Defendant has propounded Interrogatories and a Request for Production of Documents upon Plaintiff on September 19, 2008. To date, Plaintiff has failed to provide any answers or objections to Defendant's Interrogatories or Request for Production of Documents, although Defendant has diligently attempted to obtain this discovery from Plaintiff. Therefore, Defendants have no alternative but to file a Motion to Compel Plaintiff's Answers to Defendant's Interrogatories and Request for Production of Documents. II. LEGAL ARGUMENT Pennsylvania Rules of Civil Procedure 4005 and 4009.1 provide that any party may serve on any other party Interrogatories and a Request to Produce. Pennsylvania Rule of Civil Procedure 4005 provides that any party may serve upon any other party to litigation written Interrogatories concerning the subject matter of that litigation. Pennsylvania Rule of Civil Procedure 4006 provides that the party so served must file answers and/or objections to the Interrogatories within thirty (30) days after service thereof. Pennsylvania Rule of Civil Procedure 4009.1 permits the party making the request, or someone acting on his behalf, to answer questions, inspect and copy any designated documents, or to inspect and copy, test or sample any tangible things which constitute or contain matters within the scope of Rule 4003.1 through 4003.5 inclusive, and which are in the possession, custody or control of the party upon whom the request is served. Rule 4009.12 provides that the party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request. The Rules further provides that the party submitting the requests may move for an Order under Rule 4019(a) with respect to any objection to, or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. Pennsylvania Rules of Civil Procedure 4019(a) (i) and (vii) provide that the Court may, on Motion, make an appropriate Order if a party, in response to a request for interrogatories, production or inspection made under Rules 4005 and 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested. Despite the repeated requests of Defendant to date, Plaintiff has failed to provide answers to Interrogatories and Request for Production of Documents within thirty (30) days as required by the Pennsylvania Rules of Civil Procedure. Plaintiff's answers to Defendant's Interrogatories and Request for Production of Documents are long overdue and therefore, Plaintiff's failure to respond to Defendant's Interrogatories and Request for Production of Documents is a violation of the Pennsylvania Rules of Civil Procedure. Further, Plaintiffs failure to answer Defendant's Interrogatories and Request for Production of Documents works as a severe prejudice on Moving Defendant's preparation of its defense in this case. WHEREFORE, based upon the foregoing, Moving Defendant requests that this Honorable Court enter the proposed Order. WILLIAM J. FERREN & ASSOCIATES BY: JAMES O L G, ES Attorn 4 for , Lobar Associate Inc. IN THE COURT OF COMMON PLEAS OF PHLADELPHIA FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ELAINE DURRMAN V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL CERTIFICATE OF SERVICE I, JAMES H. ROHLFING, ESQUIRE, hereby certify that a true and correct copy of the foregoing Pleading was served via United States first class mail upon the following counsel: Richard F. Maffett, Jr. Esquire 2201 North Second Street Harrisburg, PA 17110 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, et al. 4200 Crums Mill Road - Suite B Harrisburg, PA 17112 BY: . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TRIAL DIVISION ELAINE DURRMAN V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL ATTORNEY CERTIFICATION OF GOOD FAITH The undersigned counsel for movant hereby certifies and attests that: X a. He or she has had the contacts described below with opposing counsel or unrepresented party regarding discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel's good faith attempts to resolve the dispute(s), counsel have been unable to do so. Description: Sent a letter on October 23, 2008 requesting plaintiff's responses to defendant's discovery requests. b. He or she has made good faith but unsuccessful efforts described below to contact opposing counsel or unrepresented party in an effort to resolve the discovery dispute. Description: CERTIFIED TO THE COURT BY: DATE: Jam . R lfi , E uire Att 4 a for ova Note: THE SIGNATURE OF RESPONDENT'S COUNSEL IS NOT REQUIRED w ? t C ..- -??s ?? ? ..? ? ? e..? .-.-? ? , J3 -' 1 , ?. -:? ?? , ?^? ? e <--?? ., Ci% LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 1500 Market Street, Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 ELAINE DURRMAN V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE Attorneys for Defendant, Lobar Associates, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL REPLY OF DEFENDANT, LOBAR ASSOCIATES, INC., TO NEW MATTER CROSSCLAIM OF CO-DEFENDANT, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendant, Lobar Associates, Inc., by and through its attorneys, William J. Ferren & Associates, hereby reply to the averments contained in the New Matter Crossclaim of Co- Defendant, National Construction Rentals t/d/b/a National Rent-A-Fence in accordance with the Pennsylvania Rules of Civil Procedure and the Cumberland County Civil Rules for the Court of Common Pleas of Cumberland County, as follows: 26. The Answer with New Matter of Defendant, Lobar Associates, Inc., are incorporated herein by reference as if set forth at length. 27. Denied. The allegations contained in Paragraph 27 of Co-Defendant National Construction Rentals t/d/b/a National Rent-A-Fence's New Matter Crossclaim, constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial. 28. Denied. The allegations contained in Paragraph 28 of Co-Defendant National Construction Rentals t/d/b/a National Rent-A-Fence's New Matter Crossclaim, constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial. By way of further answer, Exhibit "A" is a document which speaks for itself and therefore no responsive pleading is required by Answering Defendant. 29. Denied. The allegations contained in Paragraph 29 of Co-Defendant National Construction Rentals t/d/b/a National Rent-A-Fence's New Matter Crossclaim, constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial. By way of further answer, the terms and conditions of the agreement referred to by Co-Defendant is a document that speaks for itself and therefore no responsive pleading is required by Answering Defendant. WHEREFORE, Answering Defendant, Lobar Associates, Inc., demands judgment in its favor and against all parties. WILLIAM J. FERREN & ASSOCIATES BY: J O , ESQ&Ult Attorney or fe dant, Lobar Associates, Inc. 2 CERTIFICATE OF SERVICE I, JAMES H. ROHLFING, ESQUIRE, hereby certify that a true and correct copy of the foregoing Pleading was served via United States first class mail upon the following counsel: Christopher M. Reeser, Esquire Marshall, Dennehy, et al 4200 Crums Mill Road, Ste. B Harrisburg, PA 17112 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 WILLIAM J. FERREN & ASSOCIATES DATED: BY: J ING, ESQ VERIFICATION I, JAMES H. ROHLFING, ESQUIRE, state that I am the attorney for the Defendant, Lobar Associates, Inc., herein, that I am acquainted with the facts set forth in the foregoing Pleading; that the same are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4900, relating to unsworn falsification to authorities. T c C: c-n 08-5912B CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas ELAINE DURRMAN Cumberland County -VS- LOBAR ASSOCIATES, INC., ET AL No. 08-3119 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of JAMES H. ROHLFING, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 11/13/2008 S . NH Counsel for Defendant ll:'`. Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com ELAINE DURRMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LOBAR ASSOCIATES, INC., ET AL No. 08-3119 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RICHARD F. MAFFETT, JR, ESQUIRE LAW OFFICES OF RICHARD F. MAFFETT, JR 2201 NORTH 2ND STREET HARRISBURG, PA 17110 Please take notice there has been a request by JAMES H. ROHLFING, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to ELAINE DURRMAN (NEE DEBONIS). Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: October 24, 2008 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page 1 s mlftliIiI Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 0 0 0 0. (215)732-1177 fax (215)732-5637 Online Services www.ccirinc.com ELAINE DURRMAN CCLR File NO. 08-5912B vs. LOBAR ASSOCIATES, INC., ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 10/23/2008 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 11/13/2008. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. Date: Attorney for plaintiff(s) / defendant(s) RICHARD F. MAFFETT, JR, ESQUIRE LAW OFFICES OF RICHARD F. MAFFETT, JR 2201 NORTH 2ND STREET HARRISBURG, PA 17110 Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com ELAINE DURRMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LOBAR ASSOCIATES, INC., ET AL No. 08-3119 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 Please take notice there has been a request by JAMES H. ROHLFING, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to ELAINE DURRMAN (NEE DEBONIS). Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: October 24, 2008 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page • Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ' ?. (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com ELAINE DURRMAN CCLR File NO. 08-5912B vs. LOBAR ASSOCIATES, INC., ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 10/23/2008 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 11/13/2008. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before deciding whether to order a copy. yes / no Date: Attorney for plaintiff(s) / defendant(s) CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 COmmoNwFALTH OF PENNSYLVANIA COUATI'Y OF CUMBERLAND ELAINE DURRMAN VS File No. LOBAR ASSOCIATES, INC. ET AL: 08-3119 `-SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: BLAKE CHIROPRACTIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccmp l i ance, to the party making th i s request at the address listed above. You have the right to seek in advance the reasonable ,cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to oat ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME; JAMES H. ROHL,F,??G , ESQUIRE LZ ?- AOORESS : ?c• 123 S. Brow e 1920 TELEPHONE: Phila., 19109 SUPREME COURT I D # _(215) 732-1177 ATTORNEY FOR; DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 1/97) C0MWt WFALTH OF PENNMVANIA COUNTY OF CUMBERLAND ELAINE DURRMAN VS File No. LOBAR ASSOCIATES, INC. ET AL: 08-3119 :SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: BROADSPIRE - RSKCO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY & ALL WORKERS' COMPENSATION RECORDS, REPORTS.MEMOS,D000MENTS,ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM #06FED9000306, D/O/A: 8/5/92;CLAIMANT: ELAINE DEBONIS;INSURED: FEDERAL at - CENTER CITY LEGAL REPRODUCTIONS, INC. EXPRESS. (Address) You may deliver or mail legible copies of, the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order carpel l ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES H. ROHL jLG .ESQUIRE AOORESS.: 123 S. . a tit., a 1920 TELEPHONE: Pfillauy PA * 19109 SUPREt-E COURT ID 215) 732-1177 ATTORNEY FOR: DEFENDANT. BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) COMM NWFALTH OF PENNSYLVANIA COUNTY OF C[RBERIAN D ELAINE DURRMAN VS Fi le No. 08-3119 LOBAR ASSOCIATES, INC. ET AL: 'SUBPOENA TO PRODUCE DOa11ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CONCENTRA (Name of Person or Entity) Within twenty (20) days after service of,this subpoena, you are ordered by the court to produce the following documents or things: ANY & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccmpiiance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order cat eking you to om ply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM: JAMES H. ROHLUGESQULRE . ADDRESS: 123,3. a ., a 1920 TELEPHONE: PhIla., 19109 SUPRUIE COURT ID # 15) 732-1177 ATTORNEY FOR: DEFENDANT BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 71/97) COMMONWEALTH OF PENRMVANIA COUNTY OF CUMBERLAND ELAINE DURRMAN VS File No. LOBAR ASSOCIATES, INC. ET AL: 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FAMILY MEDICINE CENTER CAMP HILL (Name of Person or Entity) Within twenty (20) days after service of,this subpoena, you are ordered by the court to produce the following doeunents or things: ANY & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of. the docunents or produce things requested by? this subpoena, together with the certificate of ompliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order canpelling you to comply with it. THIS SUBPOENA WAS ISSN AT THE REQUEST OF THE FOLLOWING PERSON: Nom; JAMES H. ROHL ESQUIRE Inc. ADDRESS.: _ 123 • a , e 1920 TEI-EPHONE Phila., 19109 SUPREME cou" 10 4 1215) 732-1177 ATTORNEY f;OR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy " (Eff. ?/97) COK 3NWEALTH OF PENNSYLVANIA • COUNTY OF C(14MI AND ELAINE DURRMAN VS File No. 08-3119 LOBAR ASSOCIATES, INC. ET AL: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: HEALTH SOUTH _ (Name of Person or Entity) Within twenty (20) days after service of,this subpoena, you are ordered by the court to produce the following documents or things: ANY & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, -CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME JAMES H. ROHL ,jG,_E_QUIRE ADDRESS: 123 • a -, ISFe 1920 tonlia PA -, 19109 TELEPHONE: SLMEHE COURT ID # 4215) 732-1177 ATTORNEY FOR: DEFENDANT --- BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court (Eff. 1/97) CU4UNWE ALTH OF PETIlJSYLVIINIA COuWy OF CUMBERLAND ELAINE DURRMAN VS File No. LOBAR ASSOCIATES, INC. ET AL: 08-3119 SUBPOENA TO PRODUCE DOCLtEWS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSPTIAL - MEDICAL RECORDS DEPARTMENT _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY & ALL MEDICAL RECORDS, REPORTS, QFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS, ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of. the documents or produce things requested by this subpoena, together with the certificate of compiianoe, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order carpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES H. ROHLU, ,,ESQUIRE ADDRESS: 9 Inc. • . e 1920 TELEPHONE: u a., PA'191679 SUPM E COURT ID 215) 732-1177 ATTORNEY FOR; DEFENDANT BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Ef f . 1/97) +rC. tC nr r LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 1500 Market Street, Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 ELAINE DURRMAN COURT OF COMMON PLEAS V. CUMBERLAND COUNTY LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE NO.: 08-3119 CIVIL DEFENDANT, LOBAR ASSOCIATES, INC.'S AMENDED MOTION TO COMPEL DISCOVERY DIRECTED TO PLAINTIFF AND NOW, comes the Defendant(s), and prays that this Honorable Court make an appropriate Order for failure of Plaintiff, Elaine Durrman, to answer Moving Defendant's Interrogatories and Request for Production of Documents. On September 11, 2008, Honorable Edward E. Guido granted Defendant, Lobar Associates, Inc.'s Petition to Open Default Judgment. 1. Moving Defendant forwarded Interrogatories and a Request for Production of Documents to Plaintiff's counsel, Richard F. Maffett, Jr., on September 19, 2008. 2. To date, Plaintiff has not responded to this written discovery, nor has she sought a protective order. 3. Moving Defendant is entitled to receive these answers to discovery requests and will be prejudiced by Plaintiff's failure to provide them. WHEREFORE, Moving Defendants asks the Court to enter an Order directing Plaintiff, Elaine Durrman, to provide answers to Defendant's Interrogatories and Request for Production of Documents. WILLIAM J. FERREN & ASSOCIATES BY: /L-? JAMES H. ROHLFING, ESQUIRE Attorney for Defendant, Lobar Associates, Inc. LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 1500 Market Street, Suite 2920 29TH Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 ELAINE DURRMAN V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL I. FACTS Moving Defendant has propounded Interrogatories and a Request for Production of Documents upon Plaintiff on September 19, 2008. To date, Plaintiff has failed to provide any answers or objections to Defendant's Interrogatories or Request for Production of Documents, although Defendant has diligently attempted to obtain this discovery from Plaintiff. Therefore, Defendants have no alternative but to file a Motion to Compel Plaintiff's Answers to Defendant's Interrogatories and Request for Production of Documents. II. LEGAL ARGUMENT Pennsylvania Rules of Civil Procedure 4005 and 4009.1 provide that any party may serve on any other party Interrogatories and a Request to Produce. Pennsylvania Rule of Civil Procedure 4005 provides that any party may serve upon any other party to litigation written Interrogatories concerning the subject matter of that litigation. Pennsylvania Rule of Civil Procedure 4006 provides that the party so served must file answers and/or objections to the Interrogatories within thirty (30) days after service thereof. Pennsylvania Rule of Civil Procedure 4009.1 permits the party making the request, or someone acting on his behalf, to answer questions, inspect and copy any designated documents, or to inspect and copy, test or sample any tangible things which constitute or contain matters within the scope of Rule 4003.1 through 4003.5 inclusive, and which are in the possession, custody or control of the party upon whom the request is served. Rule 4009.12 provides that the party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request. The Rules further provides that the party submitting the requests may move for an Order under Rule 4019(a) with respect to any objection to, or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. Pennsylvania Rules of Civil Procedure 4019(a) (i) and (vii) provide that the Court may, on Motion, make an appropriate Order if a party, in response to a request for interrogatories, production or inspection made under Rules 4005 and 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested. Despite the repeated requests of Defendant to date, Plaintiff has failed to provide answers to Interrogatories and Request for Production of Documents within thirty (30) days as required by the Pennsylvania Rules of Civil Procedure. Plaintiff's answers to Defendant's Interrogatories and Request for Production of Documents are long overdue and therefore, Plaintiff's failure to respond to Defendant's Interrogatories and Request for Production of Documents is a violation of the Pennsylvania Rules of Civil Procedure. Further, Plaintiff's failure to answer Defendant's Interrogatories and Request for Production of Documents works as a severe prejudice on Moving Defendant's preparation of its defense in this case. WHEREFORE, based upon the foregoing, Moving Defendant requests that this Honorable Court enter the proposed Order. WILLIAM J. FERREN & ASSOCIATES BY: JAM H. ROHLFING, ESQUIRE Attorney for Defendant, Lobar Associates, Inc. IN THE COURT OF COMMON PLEAS OF PHLADELPHIA FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ELAINE DURRMAN V. : LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL CERTIFICATE OF SERVICE I, JAMES H. ROHLFING, ESQUIRE, hereby certify that a true and correct copy of the foregoing Pleading was served via United States first class mail upon the following counsel: Richard F. Maffett, Jr. Esquire 2201 North Second Street Harrisburg, PA 17110 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, et al. 4200 Crums Mill Road - Suite B Harrisburg, PA 17112 BY: JAMES H. ROHLFING, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TRIAL DIVISION ELAINE DURR.MAN V. : LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL ATTORNEY CERTIFICATION OF GOOD FAITH The undersigned counsel for movant hereby certifies and attests that: X a. He or she has had the contacts described below with opposing counsel or unrepresented party regarding discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel's good faith attempts to resolve the dispute(s), counsel have been unable to do so. Description: Sent a letter on October 23, 2008 requesting plaintiff's responses to defendant's discovery requests. b. He or she has made good faith but unsuccessful efforts described below to contact opposing counsel or unrepresented party in an effort to resolve the discovery dispute. Description: CERTIFIED TO THE COURT BY: DATE: X02 ?• James H. Rohifing, Esquire Attorney for Movant Note: THE SIGNATURE OF RESPONDENT'S COUNSEL IS NOT REQUIRED n .,, - l P, y M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TRIAL DIVISION ELAINE DURRMAN V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE .DEC 15 20MCI COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL A OR ER AND NOW, this (7 day of OOCA , 2008, it is hereby ORDERED AND DECREED that Defendant, Lobar Associates, Inc.'s Motion is GRANTED and Plaintiff, Elaine Durrman, shall answer Defendant's Interrogatories and Request for Production of Documents, within twenty (20) days or risk sanctions upon further application to the Court. J. &-i? - 001vil-ei Fr ? <<a 'IS :01 WV 91 330 BOOT Advi MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN Plaintiff VS. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3119 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT NATIONAL CONSTRUCTION RENTALS' MOTION TO COMPEL DISCOVERY RESPONSES OF DEFENDANT LOBAR ASSOCIATES 1. On August 6, 2008, Defendant National Construction Rentals served on Defendant Lobar Associates Interrogatories and Request for Production of Documents. Defendant National Construction Rentals' letter of August 6, 2008 and discovery requests are attached hereto as Exhibit A. 2. On September 15, 2008, after the default judgment against Defendant Lobar Associates was opened, counsel for Defendant National Construction Rentals sent a letter requesting discovery responses and a second copy of the Interrogatories and Request for Production of Documents. Counsel for Defendant National Construction Rentals letter of September 15, 2008 to counsel for Defendant Lobar Associates is attached hereto as Exhibit B. 3. On October 22, 2008, Defendant National Construction Rentals requested responses to the discovery requests, which were now overdue. Counsel for Defendant National Construction Rentals letter of October 22, 2008 to counsel for Defendant Lobar Associates and counsel for Plaintiff is attached hereto as Exhibit C. 4. On December 9, 2008, Defendant National Construction Rentals again requested responses to the discovery requests. Counsel for Defendant National Construction Rentals letter of December 9, 2008 to counsel for Defendant Lobar Associates and counsel for Plaintiff is attached hereto as Exhibit D. 5. Plaintiff has answered all of Defendant National Construction Rentals' discovery requests. 6. Defendant National Construction Rentals is filing this Motion to Compel Discovery Responses since it does not appear that Defendant Lobar Associates will respond within a reasonable time unless directed to do so by the Court. WHEREFORE, defendants request this Honorable Court order plaintiffs to file full and complete answers to defendants' Interrogatories and Request for Production of Documents within fifteen (15) days of the date of an Order or be subject to sanctions pursuant to Pa.R.C.P. 4019. MARSHALL DENNEHEY WARNER COLEM 8i GGIN By: Christopher M. Reeser, Esquire Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: A REGIONAL MAMHAUE, I) rrrn x WARNE !, COLEMAN A P R O F E S S I O N A L C O R P O R A T I O N www.tnacsWdowthey.com 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 - Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: emreeser@mdwcg.com August 6, 2008 James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 DEFENSE LITIGATION LAw FIRM PXWMVLVANIA OUAMARF Bethlehem wumiogton ems" ago Akron OfPnia 44p PLoamA pipayo Ft laaderdale Scranton Jacksonville wilI4mgxnt Orlando Tampa Naw jzmmy et,yxu? >a..x? x 2sehmd Now York RE: Elaine Durrman v. Lobar Associates, Inc., National Construction Rentals t/d/b/a National Rent-A-Fence Cumberland County Court of Common Pleas; No. 08-3119 Claim No. 130ER A7X3055 D/L: 10/20/06 MDWCG File No. 19183-01352 Dear Mr. Rohlfing: Enclosed please find the following discovery demands that defendant, National Construction Rentals, hereby serves upon defendant Lobar Associates: (X) Interrogatories; (X) Expert Interrogatories; and (X) Request for Production of Documents. Thank you for your cooperation and consideration. Very truly yours, Christopher M. Reeser CMR/ljw cc: Richard F. Maffett, Jr., Esquire w/encls. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN Plaintiff VS. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3119 CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY DEFENDANT NATIONAL CONSTRUCTION RENTALS TO: Defendant Lobar Associates c/o James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 These Interrogatories are propounded pursuant to the Pennsylvania Rules of Civil Procedure and are to be answered by the Defendant in accordance therewith. Defendant is required to answer these Interrogatories in writing under oath, based upon all information available to them and to their attorneys, employees, and other agents, or representatives. Defendant is also required to serve answers to these Interrogatories within thirty (30) days, and supplement their answers in accordance with the Pennsylvania Rules of Civil Procedure. These Interrogatories are to be answered by the Defendant. INSTRUCTIONS A. The words "you" or "your" when used herein refer to all Defendant(s), their agents, servants and/or employees. B. "Identity" when used herein with respect to an individual means to state: (1) the person's full name and present or last known address; and (2) the person's position, employer and employer's address at the time of the events referred to in the Interrogatory. C. "Identity" when used herein with respect to an entity other than an individual (e.g., a corporation, partnership, unincorporated association, governmental agency, etc.), or a division or subdivision thereof, means to state the full name and present or last known address of the entity, and, if applicable, the full name and present or last known address of the entity's division or subdivision. D. "Document" when used herein means any record, including any object containing written, printed, or magnetically recorded information, a graphic or photographic representation, or sound. "Document" includes the original or any copy of any statement, report, letter, memorandum, book, article, note, blueprint, drawing, sketch, photograph, motion picture, videotape, sound recording. "Document" also includes any card, disc, tape, print-out or any other article designed for use with a computer or other word or data processing system. E. "Identify" when used herein with respect to a document means to state: (1) the nature of the document (i.e., whether it is a statement, report, etc.); (2) the title of the document, or, if the document has no title, a description of the document; (3) the identity of the person or persons who prepared the document; (4) the identity of the person or persons for whom the document was prepared or to whom the document was directed; (5) the date the document was prepared; and, (6) the identity of the present custodian of the document or any copy of the document. F. When the word "incident" is used in these Interrogatories it is to refer to those occurrences alleged in Plaintiffs' Complaint. INTERROGATORIES 1. Please describe the nature of the work that you were performing at the West Shore YMCA when the incident which is the subject of this lawsuit occurred. ANSWER: 2. Did you have a contract with National Construction Rentals for the erection of temporary fencing around a construction site? ANSWER: 3. State the terms and conditions of the contract that you had with National Construction Rentals. ANSWER: 4. Who were the individuals from National Construction Rentals and from Lobar Associates who entered into the agreement for the erection of temporary fencing around Lobar's construction site? ANSWER: 5. What were the specific requirements that Lobar placed upon National Construction Rentals with regard to the construction of the temporary fencing? ANSWER: 6. State the dates during which National Construction Rentals erected the temporary fencing. ANSWER: 7. Was the temporary fencing inspected by Lobar after National Construction Rentals completed its work so that Lobar could assure itself that the temporary fence met Lobar's specifications? ANSWER: 8. Did Lobar notify National Construction Rentals that any specification was not met with regard to the erection of the temporary fence at the construction site at any time after the temporary fence was erected? ANSWER: 9. At any time from the date that National Construction Rentals completed the erection of the temporary fence until the end of Lobar's work on the job site, was National Construction Rentals ask to send an employee to the YMCA job site to do anything other than remove the temporary fence after Lobar's work was completed? ANSWER: 10. After the temporary fence was erected, were there any signs, placards, billboards or any other items attached to the temporary fence by some other entity other than National Construction Rentals? ANSWER: 11. If the previous answer is in the affirmative, who posted the sign, placard, billboard or other item on the temporary fence and specifically, what was posted or hung on the temporary fence? ANSWER: 12. If anything was posted on the temporary fence by Lobar or by any other entity, at whose direction was the item posted? ANSWER: 13. Identify the names and employers of all individuals who participated in the decision to post any items on the temporary fence. ANSWER: 14. Did anybody from Lobar or from any other company recommend against attaching any sign, placard, billboard or other item to the temporary fence? If so, state the name and employer of the person who made the recommendation against putting anything on the temporary fence. ANSWER: 15. State the names and employers as well as the last known addresses, if known, of any person of whom Lobar is aware that witnessed the incident referenced in plaintiffs Complaint. ANSWER: 16. Please identify with specificity what each witness observed. ANSWER: 17. Prior to or after October 20, 2006, had the temporary fence at the West Shore YMCA job site ever fallen over? If so, state the date in which the fence had fallen over and what your understanding is as to what caused the fence to fall. ANSWER: 18. State all facts and information that you have to explain why the temporary fence fell over. ANSWER: 19. State in detail what investigation Lobar says it has performed and what investigation any insurer, agent or representative of Lobar Associates performed to determine the cause of the fence to fall and the names of each individual who took part in the investigation. ANSWER: 20. Does Lobar contend that the temporary constructed fence fell as a result of negligence on the part of National Construction Rentals? If so, please identify with specificity what actions or inactions of National Construction Rentals constituted negligence in the opinion of Lobar Associates. ANSWER: 21. Did Lobar Associates notify National Construction Rentals, at any time, on or after October 20, 2006 about the collapse of the construction fence? If so, please state who from Lobar contacted National Construction Rentals, who at National Construction Rentals was contacted and the substance of the conversation. ANSWER: 22. If National Construction Rentals was notified about the collapse of the temporary construction fence on or after October 20, 2006, please state whether National Construction Rentals was asked to perform any repair or remedial work on the temporary fence. If not, why not? ANSWER: 23. Describe the process that was undertaken by Lobar Associates to assure that the temporary construction fence was maintained in a safe manner and was not damaged; who from Lobar Associates performed inspections of the temporary fence and how often were those inspections performed. ANSWER: By: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Christopher M. Reeser, Esquire Attorney for Defendant National Construction Rentals ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: August 6, 2008 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3119 VS. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED EXPERT INTERROGATORIES PROPOUNDED BY DEFENDANT NATIONAL CONSTRUCTION RENTALS TO: Defendant Lobar Associates c/o James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 These Interrogatories are propounded pursuant to the Pennsylvania Rules of Civil Procedure and are to be answered by the Defendant in accordance therewith. Defendant is required to answer these Interrogatories in writing under oath, based upon all information available to them and to their attorneys, employees, and other agents, or representatives. Defendant is also required to serve answers to these Interrogatories within thirty (30) days, and supplement their answers in accordance with the Pennsylvania Rules of Civil Procedure. These Interrogatories are to be answered by the Defendant. INSTRUCTIONS A. The words "you" or "your" when used herein refer to all Defendant(s), their agents, servants and/or employees. B. "Identity" when used herein with respect to an individual means to state: (1) the person's full name and present or last known address; and (2) the person's position, employer and employer's address at the time of the events referred to in the Interrogatory. C. "Identity" when used herein with respect to an entity other than an individual (e.g., a corporation, partnership, unincorporated association, governmental agency, etc.), or a division or subdivision thereof, means to state the full name and present or last known address of the entity, and, if applicable, the full name and present or last known address of the entity's division or subdivision. D. "Document" when used herein means any record, including any object containing written, printed, or magnetically recorded information, a graphic or photographic representation, or sound. "Document" includes the original or any copy of any statement, report, letter, memorandum, book, article, note, blueprint, drawing, sketch, photograph, motion picture, videotape, sound recording. "Document" also includes any card, disc, tape, print-out or any other article designed for use with a computer or other word or data processing system. E. "Identify" when used herein with respect to a document means to state: (1) the nature of the document (i.e., whether it is a statement, report, etc.); (2) the title of the document, or, if the document has no title, a description of the document; (3) the identity of the person or persons who prepared the document; (4) the identity of the person or persons for whom the document was prepared or to whom the document was directed; (5) the date the document was prepared; and, (6) the identity of the present custodian of the document or any copy of the document. F. When the word "incident" is used in these Interrogatories it is to refer to those occurrences alleged in Plaintiffs' Complaint. EXPERT INTERROGATORIES Identify each person whom you expect to call as an expert witness at the trial of this action, and a. as to each person so identified, state the subject matter on which the expert is expected to testify. ANSWER: 2. As to each expert identified above, have the expert state the following: a. the substance of the facts and opinions to which they are expected to testify; b. a summary of the grounds for each opinion. ANSWER: 3. With respect to each expert identified in the answer to the preceding interrogatory, state the following: a. a brief chronological resume of the expert's education and professional background, including associations or societies of which they are a member, schools attended, including years of attendance and degree received, experience in particular fields, including names and addresses of employers with inclusive years of employment; b. the title, publisher, date and form of all documentary material published by the expert. ANSWER: 4. Identify any documents prepared or generated by the expert in whole or in part that contains the facts and opinions to which the expert is expected to testify, for whom prepared and when, and identify further each person to whom the document or documents were given or distributed. ANSWER: 5. Identify all factual information supplied to the expert which was used as the basis for opinion, including correspondence, memoranda, reports, tests, plans, specifications, drawings, and/or documents of any kind as well as objects and photographs examined. ANSWER: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant National Construction Rentals ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: August 6, 2008 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN Plaintiff VS. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3119 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT NATIONAL CONSTRUCTION RENTALS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT LOBAR ASSOCIATES TO: Defendant Lobar Associates c/o James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 Defendant National Construction Rentals request(s) that Defendant Lobar Associates, pursuant to the applicable rules of civil procedure, produce the following documents within thirty (30) days from the date of this request. This is a continuing request requiring supplementation when additional documents become available. REQUEST FOR PRODUCTION OF DOCUMENTS 1. Statements of all parties and witnesses. 2. Photographs of persons, places and things involved in the accident or occurrence. 3. Drawings, maps, deeds, diagrams, sketches or any similar documents relating to the accident or occurrence. 4. Insurance records and documents relating to insurance coverage for the claims at issue, including the entire claim file of Erie Insurance Exchange for this case, including but not limited to claims notes, claim logs, internal correspondence, or any other documents contained in the claim file. 5. Agreements and releases, if any, executed by the parties, their representatives, or insurance companies relating to the accident or occurrence. 6. Discoverable documents relating to the investigation of any aspect of this claim. 7. Notes, diaries, recordings, reports and any other discoverable documents relating to liability or damages, not specified above. 8. Reports and Curriculum Vitae of all experts who will testify at trial. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant National Construction Rentals ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: August 6, 2008 EXHIBIT B A REGIONAL DEFENSE LITIGATION LAw FIRM NWT DE Q% E WAF- E COLEMAN Go V\7111 Betblellem wiln? A P R O P F 383 O N A L C O R P O R A T I O N www-marshal &nnthcy.com Ede AkOnto ron of Pntada PronmA FL Lauderdale g JadraoneiHe W1?ianupmt Orlando 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 NsvJaipr Tampa (717) 651-3500 • Fax (717) 651-9630 chwyHm NewY? Direct Dial: 717-651-3509 Email: cmreeser@mdwcg.com September 15, 2008 James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 RE: Elaine Durrman v. Lobar Associates, Inc., National Construction Rentals t/d/b/a National Rent-A-Fence Cumberland County Court of Common Pleas; No. 08-3119 Claim No. 130ER A7X3055 D/L: 10/20/06 MDWCG File No. 19183-01352 Dear Mr. Rohlfing: Congratulations on getting the default judgment taken against Lobar open. I am writing to remind you that my client filed an Answer some time ago and that Answer contained a crossclaim seeking indemnification under the terms and conditions of the agreement between my client, National Construction Rentals and your client, Lobar. I am forwarding another copy of that Answer with crossclaim onto to you for you to answer. Alternatively, I ask that your client assume the defense and indemnification of National Construction Rentals under the terms and conditions of the contract. We also served discovery on your client which I am not sure that you received. Enclosed is another copy of the Interrogatories and Request for Production of Documents that were served on Lobar in this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, Christopher M. Reeser CMR/ljw encls. EXHIBIT C A REGIONAL DEFENSE LITIGATION LAw FIRM :ARS DENrEHEr WANE CQLE>,N GoGGZZv Beddehem Wlhn astonn A P R O P B S S[ O N A L C O It P O R A T[ O N www.manhaUdmachcy.com Hurikarg r Akan King of PPr uda M.4elphia FLORMA Pittebu[gh FL" Under" Saaotaa Jadnonvilte Williamsport Orlando 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 NzW jXRz i Tawa Cherry Hill Naw YIMX (717) 651-3500 • Fax (717) 651-9630 Ra6eland New York Direct Dial: 717-651-3509 Email: cmreeser@mdwcg.com October 22, 2008 Richard F. Maffett, Jr., Esquire James H. Rohlfing, Esquire 2201 North Second Street 1500 Market Street Harrisburg, PA 17110 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 RE: Elaine Durrman v. Lobar Associates, Inc., National Construction Rentals t/d/b/a National Rent-A-Fence Cumberland County Court of Common Pleas; No. 08-3119 Claim No. 130ER A7X3055 D/L: 10/20/06 MDWCG File No. 19183-01352 Dear Counsel: I served upon each of you Interrogatories and Request for Production of Documents on August 6, 2008. Responses to that discovery are now overdue. I am writing to remind you that I need those responses as soon as possible. Would you please give me a call if you do not believe that you can have discovery answers to me within the next ten days to let me know when those answers can be expected. If you have any questions, please do not hesitate to contact me. Very truly yours, Christopher M. Reeser CMR/ljw cc: Diane Warholak via email (dwarhola@travelers.com) EXHIBIT D A REGIONAL DEFENSE LITIGATION LAW FIRM MAw ; DENm WARNER, CommAN 8 Goccn r A P R O F E S S I O N A L C O R P O R A T I O N www.matshAdennehey.com 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 - Fax (717) 651-9630 Direct Dial: 717-651-3509 Email: cmreeser@mdwcg.com PsM"LVARIU% Dsuwwas 010110 ? Akron of Pruda King Philadelphia FLOSMA PI"*n gh FtLaudenide Swanton WSll jaduonvl?e ian sport T-PA Tampa Nsw j=txET Cherry HM NzwYuma Rosdand Nkw York December 9, 2008 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 RE: Elaine Durrman v. Lobar Associates, Inc., National Construction Rentals t/d/b/a National Rent-A-Fence Cumberland County Court of Common Pleas; No. 08-3119 Claim No. 130ER A7X3055 D/L: 10/20/06 MDWCG File No. 19183-01352 Gentlemen: In reviewing the status of this matter, I see that I have written to each of you on October 22, 2008 requesting answers to discovery which are now overdue. Kindly provide me with your discovery answers within the next ten days, or alternatively, give me a reasonable timetable via a telephone call as to when I can expect to receive discovery answers. I do not like to file discovery motions, but if left with no choice, I will have to file a motion to compel. If you have any questions, please do not hesitate to contact me. Very truly yours, Christopher M. Reeser CMR/ljw , ? { C... - r- ?? w ilia ?'. .-, ?? =?? cx: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 08-3119 vs. LOBAR ASSOCIATES, CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 26, 2009, I served a copy of Defendant National Construction Rental's Motion to Compel Discovery Responses of Defendant Lobar Associates via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff James H. Rohlfing, Esquire 1500 Market Street 29th Floor West Tower, Suite 2920 Philadelphia, PA 19102 Attorney for Defendant Lobar Associates Christop er M. Reeser C r p L ? k ?q + J FF W45wi ., t LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: James H. Rohlfing, Esquire Attorney I.D. No.: 59094 1500 Market Street, Suite 2920 29T" Floor - West Tower Philadelphia, PA 19102 (267) 675-3019 Attorney for Defendant, Lobar Associates, Inc. ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE NO.: 08-3119 CIVIL WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant Lobar Associates, Inc. with regard to the above-captioned matter. WILLIAM J. FERREN & ASSOCIATES BY: DATED: I - ? ? - 61 Lobar Associates, Inc. LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: Melissa A. Montgomery, Esquire Attorney I.D. No.: 76905 1500 Market Street - Suite 2920 29TH Floor - West Tower (267) 675-3026 Attorney for Defendant, Lobar Associates, Inc. ELAINE DURRMAN V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a : NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3119 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Lobar Associates, Inc., with regard to the above-captioned matter. WILLIAM J. FERREN & ASSOCIATES BY: MELISSA A. MONTGOMERY, ESQUIRE Attorney for Defendant, Lobar Associates, Inc. DATED: I -? I- - o I CERTIFICATE OF SERVICE I, MELISSA A. MONTGOMERY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Withdrawal/Entry of Appearance on behalf of Defendant Lobar Associates, Inc. was served via United States first class mail upon the following counsel: Christopher M. Reeser, Esquire Marshall, Dennehy, et al 4200 Crums Mill Road, Ste. B Harrisburg, PA 17112 Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 WILLIAM J. FERREN & ASSOCIATES BY: / MELISSA A. MONTGOMERY, ESQUIRE DATED: 1--2 J'v 9 :.?._? ?- ..+-, i ? ti??'1 CR3 .: 4.,{? -? ` ? ,.? :?: ;_. _:. f MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN Plaintiff No. 08-3119 VS. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants DEFENDANT NATIONAL CONSTRUCTION RENTALS' AMENDED MOTION TO COMPEL DISCOVERY RESPONSES OF DEFENDANT LOBAR ASSOCIATES 1. On August 6, 2008, Defendant National Construction Rentals served on Defendant Lobar Associates Interrogatories and Request for Production of Documents. Defendant National Construction Rentals' letter of August 6, 2008 and discovery requests are attached hereto as Exhibit A. 2. On September 15, 2008, after the default judgment against Defendant Lobar Associates was opened, counsel for Defendant National Construction Rentals sent a letter requesting discovery responses and a second copy of the Interrogatories and Request for Production of Documents. Counsel for Defendant National Construction Rentals letter of September 15, 2008 to counsel for Defendant Lobar Associates is attached hereto as Exhibit B. 3. On October 22, 2008, Defendant National Construction Rentals requested responses to the discovery requests, which were now overdue. Counsel for Defendant National $ 01 Construction Rentals letter of October 22, 2008 to counsel for Defendant Lobar Associates and counsel for Plaintiff is attached hereto as Exhibit C. 4. On December 9, 2008, Defendant National Construction Rentals again requested responses to the discovery requests. Counsel for Defendant National Construction Rentals letter of December 9, 2008 to counsel for Defendant Lobar Associates and counsel for Plaintiff is attached hereto as Exhibit D. 5. Plaintiff has answered all of Defendant National Construction Rentals' discovery requests. 6. Defendant National Construction Rentals is filing this Motion to Compel Discovery Responses since it does not appear that Defendant Lobar Associates will respond within a reasonable time unless directed to do so by the Court. 7. Judge Guido has previously ruled upon a Motion to Compel Discovery by Defendant Lobar Associates against Plaintiff. 8. Plaintiffs counsel concurs in this motion. Defendant Lobar Associates' counsel does not concur in the motion. WHEREFORE, defendants request this Honorable Court order plaintiffs to file full and complete answers to defendants' Interrogatories and Request for Production of Documents within fifteen (15) days of the date of an Order or be subject to sanctions pursuant to Pa.R.C.P. 4019. MARSHALL DENNEHEY WARNER COLEM OGGIN By: J? . Chris op er M. Reeser, Esquire Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: February 2, 2009 717-651-3509 C € on - n F firT n c.n CO MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 08-3119 vs. LOBAR ASSOCIATES, CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL o RENT-A-FENCE JURY TRIAL DEMANDED - F I , Defendants CERTIFICATE OF SERVICE ., cn I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, ao M certify that on February 2, 2009, I served a copy of Defendant National Construction Rental's Amended Motion to Compel Discovery Responses of Defendant Lobar Associates via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff Melissa A. Montgomery, Esquire William J. Ferren & Associates 1500 Market Street, Suite 2920 29th Floor, West Tower Philadelphia, PA 19102 Attorney for Defendant Lobar Associates i Christopher M. Reeser e -n W JAN 2 ,8 2009fe7 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 19183-01352 Attorney for Defendant National Construction Rental t/d/b/a National Rent-A-Fence ELAINE DURRMAN Plaintiff vs. LOBAR ASSOCIATES, NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3119 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this la day of '2009, upon consideration of the Motion to Compel Discovery filed by Defendant National Construction Rentals, it is hereby ORDERED that Defendant Lobar Associates Defendants' Interrogatories and Request for Production of Documents within fifteen (15) days of f this Order, or be subject to sanctions pursuant to Pa.R.C '19. By J. P ' Q 1 :? Ind Z 1 933 6802 ELAINE DURRMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 08-3119 LOBAR ASSOCIATES, CIVIL ACTION - LAW NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE JURY TRIAL DEMANDED Defendants WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel for Defendant, National Construction Rentals t/d/b/a National Rent-A-Fence, in the above-captioned case. MARSHALL DENNEHEY WARNER COLEM GGIN By: Christopher M. Reeser, Esquire I.D. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr¦rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr? ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel for Defendant, National Construction Rentals t/d/b/a National Rent-A-Fence, in the above-captioned case. WILLIAM J. FERREN & ASSOCIATES By: Melissa A. Montgomery, Esquire Attorney for Defendant 1500 Market Street, Suite 2920 29th Floor, West Tower Philadelphia, PA 19102 OF ?HE- PR ")'-PONIOiARY 2009 NOV 23 °Ii 2: 00 CUPS J ` ufTY LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: MELISSA A. MONTGOMERY, ESQUIRE ATTORNEY I.D. No.: 76905 1500 MARKET STREET SUITE 2920 - WEST TOWER PHILADELPHIA, PA 19102-2100 (267) 675-3026 ELAINE DURRMAN FILE)-t FFU OF TW. PROS ONIOTARY 2010 FEB -8 AN 8: 35 PENNS`(WAI A. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. LOBAR ASSOCIATES, INC. and NATIONAL CONSTRUCTION RENTALS t/d/b/a NATIONAL RENT-A-FENCE NO. 08-3119 CIVIL WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendants, Lobar Associates, Inc. and National Construction Rentals t/d/b/a National Rent-A-Fence, with regard to the above- captioned matter. WILLIAM J.1 ERREN & ASSOCIATES BY: ? MELISSA A. NTGOMERY, ESQUIRE Attorney for tefendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Lobar Associates, Inc. and National Construction Rentals t/d/b/a/ National Rent-A-Fence, with regard to the above- captioned matter. WILLIAM J. FERREN & ASSOCIATES BY: ,PLENN M. CAMPBELL, ESQUIRE Attorney I.D. No. 51059 10 Sentry Parkway - Suite 301 Blue Bell, PA 19422 (215) 274-1745 10-2147R/F CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: C7 Court of Common Plea Q G ELAINE D. DURRMAN Cumberland County a' m - VS - C j o, i L LOBAR ASSOCIATES, INC., ET AL No. 08-3119 •r' '? "? .. -r' As a prerequisite to service of a subpoena for documents and thins pursuant to Rule 4 i 9 rfb9.22 CCLR on behalf of GLENN M. CAMPBELL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 3/24/2010 CA` E B Counsel for Defendant Alln- Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 '---! (215)732-1177 fax (215)732-5637 Online Services www.cclrine.com ELAINE D. DURRMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LOBAR ASSOCIATES, INC., ET AL No. 08-3119 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RICHARD F. MAFFETT, JR, ESQUIRE LAW OFFICES OF RICHARD F. MAFFETT, JR 2201 NORTH 2ND STREET HARRISBURG, PA 17110 Please take notice there has been a request by GLENN M. CAMPBELL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to ELAINE D. DURRMAN (NEE DEBONIS). Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. w0kmd vlaohor* The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 24, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 '--=== (215)732-1177 fax (215)732-5637 Online Services www.cclrine.com ELAINE D. DURRMAN CCLR File NO. 10-2147R/F vs. LOBAR ASSOCIATES, INC., ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/24/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 3/24/2010. Failure to do so shall serve as an agreement that the records Ac ON4 '?' reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61-100 $.20 Date: Attorney for plaintiff(s) / defendant(s) RICHARD F. MAFFETT, JR, ESQUIRE LAW OFFICES OF RICHARD F. MAFFETT, JR 2201 NORTH 2ND STREET HARRISBURG, PA 17110 '' . Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦?¦ ¦,?¦ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com ELAINE D. DURRMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LOBAR ASSOCIATES, INC., ET AL No. 08-3119 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 Please take notice there has been a request by GLENN M. CAMPBELL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to ELAINE D. DURRMAN (NEE DEBONIS). Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. WGWW 0a rllor The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 24, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page d11106 Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 '-=?- (215)732-1177 fax (215)732-5637 Online Services www.cclrine.com ELAINE D. DURRMAN CCLR File NO. 10-2147R/F vs. LOBAR ASSOCIATES, INC., ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/24/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 3/24/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. waWAa phone (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61-100 $.20 Date: Attorney for plaintiff(s) / defendant(s) CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 COMMONWEALTH OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ANDREW R. WALKER, MD-CONCENTRA MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY AND ALL MEDICALf-RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC at CENTER CITY LEGAL REPRODUCTIONS, INC. PERTAINING TO ELAINE DURRMAN. (Address) (NEE DEBONIS ) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have. the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: 8 crows ct S+te 1920 ?ir? r Ph 081 RA 141 n4 TELEPHONE: SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE _- of the Ca;? BY TIE 70 P / Clerk, Civil Disposition _mLvuvtvtv+ryrrt%x.in ur .rm1WbYLVANIA a.n ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO- BRETT GUNTER, MD- COLUMBIA NEUROSURGICAL ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY AND AtL MEDICAL RECORDS. REPORTS. OFFICE NOTES. PROGRESS REPORTS. ETC., PERTAINING TO ELAINE DURRMAN. (NEE DEBONIS) at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: LAME: ADDRESS: lea 6.'' ct. Ste 1920 • TELEPHONE: I.x.?? 'f47_i 177 SUPREME COURT.W# ATPORNEY FOR. DEFENDANT '. Ato DATE:.. I - ?f the BY THE COURT: Pwdmotqky ! Clerk, Civil Disposition (EIL 7192). - cOMMONWEALTIF OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTY' OF C'?JMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY . PURSUANT TO RULE 4009.22 TO: CAROLINA BONE & JOINT- MEDICAL. RECORnS MET (Name of Person or Entity) Within twenty (1A) days after service of this subpoena, you are ordered by the oourt .to produce the following documents or things: ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, PF''t ETN?T?I?P?, F5fU1IES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC at CENTER CITY LEGAL REPRODUCTIONS, INC. (NEE DEBONIS) (Addnm) 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 nuking this request at the address listed above. You have the right'to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME ADDRESS: _.....? . ta..aa. ct'tr? 1920 f . TELEPHONE: c?•a ?1 7?27,11'7T SUPREME COURT 1D# ATPO .NEY FOR. DEFENDANT DATE: OY THE COURT . " Ptothaaotacy Clod; Gvil Disposition caMMONWEALTH OF PENNSYL`/ANiA ELAINE D. DURRMAN = COUNTY OF _ CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: nAuTn Algn-ANGFT•A- MADEIRA, DC- MADEIRA CHIROPRACTIC (Name of Person or Entity) Within twenty (ZO MEDICAL RECORD r days after service of this su g) thi ngs. ANY AN D A POR'? DOCT RS NOTES CHARTS SUMMARIES, TMT RESULTS, LAfi TESTS, EVALUATIONS, ZTU. NE DEBONIS) at CENTER CITY LEGAL REPRODUCTIONS, INC. (Addrm) 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 preparin8 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- ADDRESwS: 123 9 . t?rwAa Ct is 1920 • *+:::zr:? P i to1 [lam y. TELEPHONE SUPREME COURT 1D# ATTORNEY FOR: DEFENDANT BYTHEODU ??N T commONWEALTH OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTY OF _ CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY . PURSUANT TO RULE 4009.22 TO: J MRS W WARREN, Mn- MEnTrAT. RPr-nRnq (Name of Person or Entity) tweMDA M {2ULda)s after service of this subpoena, you we ordered by the court to produce the following documents or things: ANEDICAL RECORDS, REPORTS, OFFICE NOT S, PROGRESS REPORTS, ETC., PERTAINING TO ELAINE DURRMAN ( NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of pP ng 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 patty 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: BY THE COURT: TrothonotKyr deck, Cunt Disposition k,utvi tvlui4 W bA.LTH OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 0 8 - 3119 SUBPOENA. TO PRODUCE DOCKS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: JAMES W- WARREN, Mn- NRnTr'T A ut. r C)RnS nEPT (Name of Petson or Entity) Within twenty (20) days after service of this subpoena, you ate ordered by the court to produce the following documents or things: ANY AND ALLTMEDICAL _RECORDS, REPORTS, OFFICE NOTES. PROGRESS REPORTS, ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, ro 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: DATE: { S W dO Cotmt BY THE 00 ProWortotaly / Gvil Disposition D*tty ? 719----- ... a--.a.a a a %-F&- .C EXILM.J X LVAN IA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS L013AR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: MAXIMITT.TAjg BRAUN, MD- SUSQUEHANNA VALLEY PAIN MANAGEMENT, PC (Name of Person or Entity) Within twenty (20) days after service of this x the following documen things: I UN S, L': J.'L . , Y 1rIC'1 H11V 1 LV V 1 V li L[i 119 r+ u v a?au u'al\ a. a.+._. +J+:++.+?... i..+) at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this,subpoena may seek a court order compelling you to comply with it. THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME ADDRESS-- 1920 7 Ste 1,23 ... pi%UA- - PA 19109 _ l! f TELEPHONE: - --- --- -=- .ea•?iZ?9?a 7T SUPREME COURT M# .?T'PORNEY FOR: DEFENDANT DATE: ., L.:.f:•sG.?'?f t?fe , BY THE CO otary J Civil Disposition .......,...?.. • , .?.... ?. yr r.Ct4AVJ Y LVANIA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: PINNACLEHEALTH PH STOAT, THRRAUV SFTnTF HnSPTTAT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fbflowing documents or things: ANY_AND ALL_MEDjg4L,,,RE.CQRD,S,_RRPORTSt_OFFT E NQTES4 PROGRESS_ REPORTS, ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ixri?kad We 1920 ?. TELEPHONE: i?4 ?`1 749 ??? SUPREME COURT ID# AThoRNEy Fop_. DEFENDANT DATE- - ?ieal?if vK Courfi BY THE COURT / Q (,roil Disposition 1.;UMMUN WEALTH OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO; SOUTHERN REHABILITATION NETWORK, INC- MEDICAL RECORDS DEPT (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: 11TV ?rTT ITT •. Tr..? wr. i.ww-? -.-???_ -_. ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to -comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: 1920 Us&, '.PA .1,9109 IF 6 'Yy TELEPHONE: 1 7?l?_417T SUPREME COURT ID# ATTORNEY FOR. DEFENDANT BY THE DATE: /' F l n? (FJL %_ulv muly w r:ALT i OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TOSOUTHERN REHABILITATION NETWORK, INC- MESICAL RECORDS DEPT (Name of Person or Entity) (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: DOCTOR NOTES CHAINS, Ri1RMAf27FS TFSfi RP-MILT fvT nR'mFCm ? L ?IA `. ' nd6 ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance. Co 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 requited by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to -comply with it. THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: 920 IF Ste 1 129 S ., _ TELEPHONE- SUPREME COURT ID# ..=RNEY FOR. DEFENDANT DATE:_?=? BY THE COURT.. Prothonotary, Civil Disposition W M .._ ?,%JlvuvivtY vvce.t..r.,tx Vt' rtNNSYLVANIA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR. ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: SPTRTT. PHVCTCTANG GFR 7TC`y- MEDICAL RECORDS DEPT (Name of Person or Entity) Within tweaty (20 days after service of this subpoena, you are ordered b the court to produce the Blowing documents or things: ANY AND A L MEDICAL RECORDS, REPORTS, OFICE NOTES, RPOGRESS REPORTS, DOCTORS NOXER _ CHARTS . S[3MMARTF. TFS'P RPSTTT mS, TAR mEBT,g, V_ jjAT? rtnmrnNq ETC., PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right, to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: _,. ?? . a....:. et to 920 .3 4 9%4 Aft pla'Ain, -'PA. 11411 "all TELEPHONE -00 W! SUPREME COURT 1D# ATroRNEY FOR: DEFENDANT DATE: *??-?'tjde ?`uK BY THE COURT. --prothonotary Cleric. C.cvil Disposition ..varuravir ry cj%tr,t n w, YtNNSYLVANIA, ELAINE D. DURRMAN = COUNTY OF ,_ CC Ut B E RLA N D VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SPIRIT PHYSICIANS SERVICES- IdEnTrAL RFCYlRD9 DRPT (Name of Petsoa or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES., PROGRESS REPORTS, PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER.CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing. the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTH£ REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: Alliwild at Ste 1929 TELEPHONE: SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: BY THE COURT: rotary 1 c:oMMONWEALTH OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTYOF_ CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA, TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: STEPHEN P_ RRnCKMP.TP.R, Mil- PERRY oRTHnpRnTCS & SPORTS MEDICINE, PA (Name of Person or Entity) Within twenty (t20} dayyss after service of this subpoena, you am ordered by the court to produce the following documents or things: ANY AND ?iLL IKEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES. _-CHARTS _ :::SUMMARTEG _ TEST _RESUT-TS- T.AR TF?mc ?vn '.rrhTrnNC ETC.,. PERTAINING TO ELAINE DURRMAN.(NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. - (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right'to seek in advance the reasonable cost of preparing the copies or producing the. things sought. If you fail to produce the documents or things.required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: wA d . ixrebad. 91. Qte 192-0- 0% r?sf:.,' . oe. J.A 04 TELEPHONE: T9irir" . SUPREME COURT ID# 4TTORNEy FOR. DEFENDANT %-vmMU14 WhALI li OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 0 8- 3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY . PURSUANT TO RULE 4009.22 To:- _ TRISTAN_AS_S_OCIATES- NEST SHORT OFFT (Name of Persoa or Entity) of this subpoena, you are ordered by the court to produce the following documents or things: -RECORDS. REPORTS- nFFTr V ernmwe na?,..,,.,?., ..,?..?...._ ETC., PERTAINING TO ELAINE DURRMAN:(NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. You may deliver or mail legible Qopies of the documents or produce things requested by this subpoena, together with the certificate of compliance, td 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. R you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the patty 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: "nD 1920 f phi zt.i; ae.141[14 l? TELEPHONE: SUPREME COURT ID# ATnORNEY FOR: DEFENDANT DALE: BY THE COURT: otary / Ueci? x„vty muiv wr iLLLti Q PENNSYLVANIA ELAINE D. DURRMAN = COUNTY OF CUMBERLAND VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: TUNIS HUNT, JR., DC HUNT CHIROPRACTIC' (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: -AND ALL-KEDICAL_HECORDS._REPORTS, OFFICE NOTES, PROGRESS- -REPORTS-ETC., PERTAINING TO ELAINE DURRMAN (NEE DBBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible Copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, Co 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 ATTHE REQUEST OF THE FOLLOWING PERSON: NAME- #MDRESS: 123 !'f? O:YA A?. `C . ,/20 .141 -AA. TELEPHONE: f All 720-11 TZ SUPREME COURT 1D# ATTORNEy FOR. DEFENDANT DATE: fib BY THE CD Ptvthortotacl? / C"Q Disposition ?,L,rt?trxt,,rtM yr r.F?1..? , OF PENNSYLVANIA ELAINE D. DURRMAN = COUNTY OF C 1 JM, E, E RL A N D VS LOBAR ASSOCIATES, INC., ET AL File Nv. 08-3119 SUBPOENA, TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO; ZABINSKI CHIROPRACTIC- MEDICAL RECORDS DEPT _ (Name of Person or Entity) Within twenty {? days after service of this subpoena, you arc ordered by the court to produce the following documents or things: ANY AND ALL 02DICAL_RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS. PERTAINING TO ELAINE DURRMAN (NEE DEBONIS). at CENTER CITY LEGAL REPRODUCTIONS, INC. r (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, tb 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 (?A) days after its service, the party serving ibis subpoena may seek a court order compelling you to -comply with it. THIS. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS! 1920 ft af.;? PA. #-Q1 IQ". ,, TELEPHONE: i.a.e i? 7???..417T SUPREME COURT ID# A=RNEY FOR: DEFENDANT BY THE CID Pc+otboaotary / Clett, ("avil Disposition thiputy 11-2951 R/N CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas ELAINE DURRMAN F/K/A ELAINE Cumberland County DE NIS - VS - LOB R ASSOCIATES, INC., ET AL No. 08-3119 Asap isite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of GLENN M. CAMPBELL, ESQUIRE Defendant certifies that (1) A nc was the (2) A cc cert (3) No (4) The DATE: of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto re mailed or delivered to each party at least twenty days prior to the date on which poena(s) is/are sought to be served. of the notice of intent, including the proposed subpoena(s), is attached to the to the subpoena(s) has been received. I to the notice of intent to serve the subpoena(s). C-, r-> r n M -0 cil r-:Z: poena(s) which will be served is/are identical to the subpoena(s) which is/are NM.C B ,ESQ/ E Counsel for Defendant eRx FITM_ L Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com E DURRMAN F/K/A ELAINE NIS ASSOCIATES, INC., ET AL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-3119 E OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RICHA D F. MAFFETT, JR, ESQUIRE LAW O FICES OF RICHARD F. MAFFETT, JR 2201 NORTH 2ND STREET HARRI BURG, PA 17110 Please take notice there has been a request by GLENN M. CAMPBELL, ESQUIRE, counsel! for the Defendant in the above case for production and copying of records in the posses ion of (see enclosures). These ifecords pertain to ELAINE DURRMAN F/WA DEBONIS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whethe you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice questing that the records be produced on or before ten (10) days thereafter unless a hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you r?quire assistance, please contact our office. DATE: I March 30, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦ ¦ ¦ (215)732-1177 fax (215)732-5637 Online Services www.cclrine.com ELAI E DURRMAN F/K/A ELAINE CCLR File NO. 11-2951 R/N DEB NIS S. LOB R ASSOCIATES, INC., ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/30/2011 regarding record in the custody of (see attached subpoena(s)) and respond as follow: (1) OPIES yes / no would like a copy of the records in question sent to me, and agree to ay the price noted in the Notice of Records Reproduction Request. (2) , would like copies of X-Rays sent to me. yes / no (3) BJECTION n accordance to rules governing civil procedure a copy of date/time stamped fling needs to be sent to Center City Legal Reproductions prior to 4/20/2011. ailure to do so shall serve as an agreement that the records reproduction ervice should proceed with the records collection process. (4) would like to look at the records at a Center City location before yes / no ?eciding whether to order a copy. 2011 Copy Fees/Per Location Admin strative Fee $17.00 Pa es 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) RICHARD F. MAFFETT, JR, ESQUIRE LAW OFFICES OF RICHARD F. MAFFETT, JR 2201 NORTH 2ND STREET HARRISBURG, PA 17110 ELAINE DURRMAN F/K/A ELAINE DEBONIS VS ' LOBAR ASSOCIA INC., ET AL COMMONWEALTH OF P)'JNNSYLVANIA COC"N'TY OIL' CUMBERj,E,r1I) File No. 08-3119 TO: ARTHRI7 Within twenty Any and all emp performance rec DeBonis. AT: You may deliver compliance, to the p preparing the copies POENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 FOUNDATION - PERSONNEL DEPARTMENT (Name of Person or Entity) days after service of this subpoena, you are ordered by the court to produce the followi? ig documents or things nent/personnel records, including workers' comp claims, dates of attendance, applications, s, reviews, evaluations, earnings, medical reports, etc., pertaining to Elaine Durrman f/k/a CENTER CITY LEGAL REPRODUCTIONS, INC (Address) mail legible copies of the documents or produce things requested by this subpoena, together with the certificate y making this request at the address listed above. You have the right to seek in advance the reasonable cost of 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 is subpoena may see',IF_ a court order compelling you to comply with it. THIS SUBPOENA 4AS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:GLENN M. CAMPBELL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA. PA 19109 TELEPHONE: 2154732-1177 SUPREME COUR1 ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE Seal ofthe Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELAINE DURRMAN F/K/A ELAINE DEBONIS VS LOBAR INC., ET AL File No. 08-3119 TO: Within twenty Any and all wort information con EXPRESS, 4303 AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the arty 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 pr uce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may se a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:GLENN M CAMPBELL, ESQUIRE ADDRESS: CENT R CITY LEGAL REPRODUCTIONS, INC. 123 SO TH BROAD STREET, SUITE PHIL ELPHIA, PA 19109 TELEPHONE: 2151-732-1177 SUPREME C ATTORNEY DATE: POENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 -CLAIMS DEPARTMENT (Name of Person or Entity) days after service of this subpoena, you are ordered by the court to produce the following documents or things compensation filed on 12/26/1990, records, reports, memos, documents, any written ?d in file regarding FILE #66000569557; CLAIM #06FED9000306; EMPLOYER: FEDERAL /IS ROAD, HARRISBURGH, PA. ID# DEFENDANT BY THE COURT: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) ELAINE DURRMAN F/K/A ELAINE DEBONIS LOBAR ASSOCIA ES, INC., ET AL TO: EASTERN ALLIANCE INSURANCE GROUP - CLAIMS DEPARTMENT (Name of Person or Entity) Within twenty 120) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all work ors compensation records, reports, memos, documents, any written information contained in file regarding clam # EA106W5944. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the arty 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 is subpoena may see`F`_ a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:GLENN M CAMPBELL, ESQUIRE ADDRESS: CENT R CITY LEGAL REPRODUCTIONS, INC. 123 SO H BROAD STREET, SUITE PHIL ELPHIA, PA 19109 TELEPHONE: 215 732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMF,ERJ-4ND Fite No. 08-3119 BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) ELAINE DURRMt N F/K/A ELAINE DEBONIS 'VS LOBAR , INC., ET AL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-3119 S TO:HARRIS POENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ACADEMY MIDDLE SCHOOL - PERSONNEL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all e performance DeBonis. AT: You may deliver compliance, to the i preparing the copies ent/personnel records, including workers' comp claims, dates of attendance, applications, , reviews, evaluations, earnings, medical reports, etc., pertaining to Elaine Durrman f/k/a CENTER CITY LEGAL REPRODUCTIONS, INC (Address) or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate arty making this request at the address listed above. You have the right to seek in advance the reasonable cost of or producing the things sought. If you fail to pr duce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may se k a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:GLENN . CAMPBELL, ESQUIRE A R DDESS: CEN ER CITY LEGAL REPRODUCTIONS, INC. 123 S UTH BROAD STREET, SUITE PHIL ELPHIA. PA 19109 TELEPHONE: 21$-732-1177 SUPREME C ATTORNEY DATE: ID# DEFENDANT Seal df the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELAINE DURRMAN F/K/A ELAINE DEBONIS 'VS LOBAR INC., ET AL File No. 08-3119 S TO:ROBERT ENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 FINANCE & ACCOUNTING - PERSONNEL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all empl performance rec DeBonis. AT: You may deliver compliance, to the preparing the copies nt/personnel records, including workers' comp claims, dates of attendance, applications, reviews, evaluations, earnings, medical reports, etc., pertaining to Elaine Durrman f/k/a CENTER CITY LEGAL REPRODUCTIONS, INC (Address) or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate arty making this request at the address listed above. You have the right to seek in advance the reasonable cost of or producing the things sought. If you fail to pr duce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may se k a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:GLENN M CAMPBELL, ESQUIRE ADDRESS: CENT R CITY LEGAL REPRODUCTIONS, INC. 123 SO H BROAD STREET, SUITE PHIL ELPHIA, PA 19109 TELEPHONE: 21$-732-1177 SUPREME C ATTORNEY DATE: ID# DEFENDANT Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELAINE DURRMAN F/K/A ELAINE DEBONIS DVS LOBAR INC., ET AL File No. 08-3119 Si BPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SEARS, CK & COMPANY - HUMAN RESOURSES DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all em performance rE DeBonis. AT: You may deliver compliance, to the 1 preparing the copies nent/personnel records, including workers' comp claims, dates of attendance, applications, s, reviews, evaluations, earnings, medical reports, etc., pertaining to Elaine Durrman f/k/a CENTER CITY LEGAL REPRODUCTIONS, INC (Address) or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate arty making this request at the address listed above. You have the right to seek in advance the reasonable cost of or producing the things sought. If you fail to pr duce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may se k a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:GLENN . CAMPBELL, ESQUIRE ADDRESS: CENT R CITY LEGAL REPRODUCTIONS, INC. 123 SO TH BROAD STREET, SUITE PHIL ELPHIA, PA 19109 TELEPHONE: 21 -732-1177 SUPREME COUR ID# ATTORNEY FOR DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELAINE DURRMAN FWA ELAINE DEBONIS 'VS LOBAR ASSOCIATES, INC., ET AL File No. 08-3119 SI BPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:SEATON CORPORATION -PERSONNEL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all e performance DeBonis. AT: You may delivej compliance, to the 1 preparing the copies nt/personnel records, including workers' comp claims, dates of attendance, applications, reviews, evaluations, earnings, medical reports, etc., pertaining to Elaine Durrman f/k/a CENTER CITY LEGAL REPRODUCTIONS, INC (Address) or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate arty making this request at the address listed above. You have the right to seek in advance the reasonable cost of or producing the things sought. If you fail to pr duce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may se k a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:GLENN M. CAMPBELL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA. PA 19109 TELEPHONE: 21 -732-1177 SUPREME COURT ID# ATTORNEY FOR DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELAINE DURRMAN F/K/A ELAINE DEBONIS 'VS LOBAR INC., ET AL File No. 08-3119 TO:YMCA - A TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 S L DEPARTMENT (Name of Person or Entity) Within twenty K20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all e performance DeBonis. AT: You may delive compliance, to the preparing the copie :)yment/personnel records, including workers' comp claims, dates of attendance, applications, )rds, reviews, evaluations, earnings, medical reports, etc., pertaining to Elaine Durrman f/k/a CENTER CITY LEGAL REPRODUCTIONS, INC (Address) or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate arty making this request at the address listed above. You have the right to seek in advance the reasonable cost of or producing the things sought. If you fail to pr duce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may se k a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:GLENN . CAMPBELL, ESQUIRE ADDRESS.. CEN ER CITY LEGAL REPRODUCTIONS, INC. 123 S UTH BROAD STREET, SUITE PHIL ELPHIA, PA 19109 TELEPHONE: 21 -732-1177 SUPREME COURT ID# ATTORNEY FO : DEFENDANT BY THE COURT: DATE: Seal f the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97)