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HomeMy WebLinkAbout10-4819IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 ~ ~~ /7 Civil Civil Action - (XX) Law ( )Equity Joseph R. Cramer and Scott L. Fetterolf Jodi Cramer, his wife 60 Manning Dr., 626 Danner Lane P.O. Box 85 New Cumberland, PA 17070 Kylertown, PA 16847 and Plaintiff(s) 8 Address(es) versus PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue two (2) Writs of Summons in the above-captioned action. Two 2 Writs of Summons shall be issued and forvvarded to: 1. Scott L. Fetterolf: ( )Attomey ()OC)Sherlfif 2. Landstar Ranger, Inc. ()OC)Attomey ()Sheriff Matthew S. Crosbv. Esquire _1300 Linalestown Rd. Harrisburg. PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney C~ _~ :~- -~ z-r-, ~,~ ~~,. ~_. f rt r r=' .` `t} .... =~ .. . <a`~J; ,,.. ,__ ~. C7 c_... ~- r= r~ N ;3 ~:; ~J ~l ~~ '-"~ iii r -r T' -,_ , _ `:.. , :__ ~ cE; ~_ -- gnature of Attomey Supreme Court ID No. 69367 Date: ~ Z D WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ~ - /S~ k .[like[ ~ 4 ~~ // Prothonotary Date: ~~ o`ld oZp/G by Dep ty ( )Check here if reverse is used for additional information PROTHON. - 55 Landstar Ranger, Inc. 13410 Sutton Park Drive South Jacksonville, FL 32224 Defendant(s) & Address(es) ~~ /~~G ~ .~ ~ ~ 7.2 F~' "_ T", . -. .,"~"~ Matthew S. Crosby, Esq. ~~ ~ G ~~ 3 Plrt o'Z .3a rJ~- HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.2010 -4819 Civil Term v. . CIVIL ACTION -LAW SCOTT L. FETTEROLF and LANDSTAR RANGER, INC., . Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, MATTHEW S. CROSBY, hereby certify that I served the Civil Writ of Summons in the above-captioned matter on Defendant, Landstar Ranger, Inc., by Certified first- class United States mail, Restricted Delivery, return receipt requested, and said document was received by said Defendant, Landstar Ranger, Inc., on July 26, 2010, as evidenced by the signed return receipt card, attac hereto red made a part hereof, along with the copy of the transmittal letter. (SEAL) Sworn to before me and subscribed this~day ~~~ o ary u is of ~ 2010. NOTARIAL HEAL VERA F FREED Notary Pubsc 6USOI~HANNA TWP., DAUPINN CNT~ MY Commission Expires Aup ZE. 2015 l ~ M1Ntt your ntaTM ant! atltitwa an ifta ~ at+ that t+w tam t~r4im the atd to Y~ ^ Nlaoh titia card b tha bsdc of the rttap atr cn thfa ttt~nt K ap~w P~'a. t. lrad. /wdMr~e ax SCR 1~'~~ ~ ~~ ~'~h ~k ~ ~~ ~~ LLB ~ ~ .~~~ O tYan R.oMpeawatwtattrat- D ~ 1*!`~rt 3811 ~ Febniary 2004.. oom..tlc Raturn hQ.l'N~e. .,,~ ,o~swtuo "~~°~" 7DD9 168D aDaa 4248 D881 lioin arrb 4I andl¢r, ¢rming~ ~ asQnbarg,«p ATTORNEYS AT LAW Matthew S. Crsoby Crosbyr),hhrlaw.com VIA CERTIFIED MAIL; RESTRICTED DELIVERY July 22, 2010 Landstar Ranger, Inc. ATTENTION: Legal Department/Administration 13410 Sutton Park Drive South Jacksonville, FL 32224 Re: Joseah R. Cramer et ux v Scott L Fetterolf and Landsfar Ranger Inc Cumberland County Court of Common Pleas Dear Sir or Madam: Enclosed with regard to the above-referenced matter is a Civil Writ of Summons, which we are serving herewith on your company. Thank you for-your attention and prompt response to this matter. Very truly~rGrs, By _ . _ ... Matthew~~S:~ Crosby -•~- - ,a .. m ~o 0 ~o ~ Postage rU ~ CertHied Fee O p Retum.ReceiptFee 0 (Emiorsemerit Required? ~ Restricted Dellvery,Fee (Endorsement Regwred) O ~ Total Postage & Fees ri s r ro ~ -sheer,,api ivo.; ~ or PO Box No. ~~L ~C-~e ~ ~~i ~~ry NBERG, LLP '4~rr~..iing & Rosenberg, LLP i00 Linglestown Road, Harrisburg, PA 17110 Phone: 717-238-2000 * Fax 717-233-3029 www.hhrlaw.com MSC/vff/enclosure SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~~~-~~~~~~~~`' Sheriff ~~ ~~~ ~~',il~~~~{~TAR~ ~4~}~cr ai `icaxbrrt,~~~ Jody S Smith ~ ~~;<< .," ~~' ~ ~ ~~~ 4 ~ P~ ~ ~ ~ ~ } Chief Deputy r `, ~'' ~' i ,, J.} y ?~ Richard W Stewart `~ ~'UB~'fB~Rt-AND ~~~~ ~~~ Solicitor c~F~~~E~: TAE>4~rtIFF ~~ ~El~~lSYl..V~T~!,~ Joseph R Cramer (et al.) Case Number vs. 2010-4819 Scott L. Fetterolf SHERIFF'S RETURN OF SERVICE 07/23/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Scott L. Fetterolf, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Clearfield County, PA to serve the within Writ of Summons according to law. 07/30/2010 10:54 AM - Clea~eld County Return: And now July 30, 2010 at 1054 hours I, Chester A. Hawkins, Sheriff of Clearfield County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Scott L. Fetterolf by making known unto himself personally, at 60 Manning Drive, Kylertown, PA 16847 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 October 12, 2010 SO ANSWERS, //'~`~~ ~ ~` RON R ANDERSON, SHERIFF ;c1 CountySuito Sheriff. Telaosoft, Inc. To Deputy 7/27/10 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 2010-4819 JOSEPH R. CRAMER and JODI CRAMER vs SERVICE # 1 OF 1 SCOTT L. FETTEROLF PRAECIPENVRIT OF SUMMONS SERVE BY: 08/20/2010 HEARING: PAGE: 107400 DEFENDANT: SCOTT L. FETTEROLF ADDRESS: 60 MANNING DRIVE KYLERTOWN. PA 16847 ALTERNATE ADDRESS SERVE AND LEAVE WITH: DEFENDANT/AAR CIRCLE IF THIS HIGHLIGHTED ADDESS IS: VACANT OCCUPIED ATTEMPTS SHERIFF'S RETURN NOW, / f off/ ~ ~Q ~~ AT D~~` AM / M SERVED THE WITHIN PRAECIPE/WRIT OF SUMMONS ON SCOTT L. FETTEROLF, DEFENDANT BY HANDING TO ~/S // ~ ~ ~~~~~ /-~,~~ ATRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO IM HER THE CONTENTS THEREOF. PRAECIPE/WRIT OF SUMMONS FOR SCOTT L. FETTEROLF AT (ADDRESS) NOW AT AM / PM AFTER DILIGENT SEARCH IN MY BAILIWICK, I MAKE RETURN OF NOT FOUND AS TO SCOTT L. FETTEROLF REASON UNABLE TO LOCATE SWORN TO BEFORE ME THIS .3 ~~~ DAY O u- ~ 2010 ,~,~- ~ ~ WILLIAM A. SHAW Prothonotary My Commission Expices 1st Monday in Jan, 201A Clearfield Co., Clearfield, PA So Ansyu~rs: IFf BY: ~ ~~~~ ~, Deputy Signature ~J ~Irylrs ~~~_~~ vas Print Deputy Name NOW AT AM / PM POSTED THE WITHIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH R. CRAMER AND JODI CRAMER, H/W V. NO. 2010 CIVIL ACTION - LAW NO. 4819 SCOTT L. FETTEROLF AND . AND LANDSTAR RANGER, INC.: C 0 CA { rnrn -<> A4 w o4 2d 3 ? C__ M ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant Landstar Ranger, Inc. only in the above-captioned civil action. Also, said defendant demands trial by jury. GERMAN, GALLAGHER & MURTAGH Robert P. Corbin, Esquire 200 S. Broad Street, Ste. 500 Philadelphia, PA 19102 215-545-7700 215-732-4182 (fax) corbinragamfirm.corn ID No: 17897 BY0 )0. e^"' Attorney for defendant Landstar Ranger, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH R. CRAMER AND NO. 2010 JODI CRAMER, H/W CIVIL ACTION - LAW NO. 4819 V. ` C13 N.3 C? c SCOTT L. FETTEROLF AND 'v3 ?m ° ° AND LANDSTAR RANGER, INC.: ? p . PRAECIPE o a o Zp 3 e 2 TO THE PROTHONOTARY: w Z o n rn Kindly Rule upon the plaintiffs in the above-captioned matter to serve and file , _< their complaint within twenty (20) days from the date hereof, or suffer a judgment of non pros. GERMAN, GALLAGHER & MURTAGH ?P e'-"- . Robert P. Corbin, Esquire 200 S. Broad Street, Ste. 500 Philadelphia, PA 19102 215-545-7700 215-732-4182 (fax) corbinra, rnfirm.com ID No: 17897 Attorney for defendant Landstar Ranger, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH R. CRAMER AND JODI CRAMER, H/W V. NO. 2010 CIVIL ACTION - LAW NO. 4819 SCOTT L. FETTEROLF AND . AND LANDSTAR RANGER, INC.: RULE TO THE ABOVE-CAPTIONED PLAINTIFFS: A rule is hereby entered upon plaintiffs Joseph R. Cramer and Jodi Cramer, h/w, to serve and file their complaint within twenty (20) days from the date hereof, or suffer judgment of non pros. (D ?v rothono Date: 31-p`l?5 FILED-OFFICE Matthew S. Crosby, Esq. I.D. # 69367 201 a D"T 10 PM ! = ; HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road kr?'* UN8ERLAHO (acid Harrisburg, PA 17110 PEWISYLVANIA Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICftAN 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mfis adelante en las siguientes p6ginas, debe tomar accibn dentro de los pr6ximos veinte (20) dfas despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: atthew S. rosby, Esq. Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosby@hhrlaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Joseph and Jodi Cramer, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and make the within Complaint against the Defendants, Scott L. Fetterholf and Landstar Ranger, Inc., and aver as follows: 1. Plaintiff, Joseph R. Cramer, is a competent adult individual currently residing at 626 Danner Lane, New Cumberland, Cumberland County, PA 17070. 2. Plaintiff, Jodi Cramer, is a competent adult individual currently residing at 626 Danner Lane, New Cumberland, Cumberland County, PA 17070. 3. Defendant, Scott L. Fetterholf, is a competent adult individual currently residing at 60 Manning Drive, Kylertown, Clearfield County, PA 16847. 4. Defendant, Landstar Ranger, Inc. (hereinafter "Landstar"), is a corporation existing underthe laws of Delaware with a registered office address at 1635 Market Street, Philadelphia, Philadelphia County, Pennsylvania. 5. At all times material hereto, Defendant, Scott L. Fetterholf, was an agent, servant, and/or employee of Defendant, Landstar, and was acting within the scope of said relationship. 6. At all times material hereto, Plaintiff, Joseph Cramer, was the owner and operator of a 1992 Ford Explorer, bearing Pennsylvania registration number GZS8608 (hereinafter, "Plaintiffs vehicle"). 7. At all times material hereto, Defendant, Scott L. Fetterholf, was the operator of a 1996 Kenworth T800B tractor trailer, owned by Defendant, Landstar, and bearing Illinois registration number P651832 (hereinafter, "Defendant's vehicle"). 8. At all times material hereto, Plaintiffs, Joseph and Jodi Cramer, were insured under an automobile insurance policywith Allstate Insurance Company and covered under the full-tort option. 9. On July 28, 2008, Plaintiff, Joseph Cramer, was traveling northbound on Interstate 81 in Hampden Township, Cumberland County, Pennsylvania, when he lawfully slowed his vehicle to avoid debris in the roadway. 10. At approximately the same time and place, Defendant, Scott L. Fetterholf, was also traveling northbound on Interstate 81, approaching Plaintiffs vehicle from the rear. 2 11. Defendant, Scott L. Fetterholf, failed to react in a timely fashion to Plaintiffs slowing vehicle, and suddenly, and violently, struck the rear of Plaintiff's vehicle. 12. As a direct and proximate result of the negligence of Defendants, Plaintiffs sustained damages as set forth more specifically below. COUNT I - NEGLIGENCE Joseph Cramer v. Scott L. Fetterholf 13. All prior paragraphs are incorporated herein as if set forth at length. 14. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Joseph Cramer, are the direct and proximate result of the negligence and/or carelessness of Defendant, Scott L. Fetterholf, generally and more specifically as set forth below: (a) In driving his vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. Cons. Stat. Ann. § 3714; (b) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. Cons. Stat. Ann. § 3714; (c) In following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa. Cons. Stat. Ann. § 3310(a); (d) In failing to properly regulate the speed of his vehicle so as to prevent a rear-end collision; (e) In failing to operate said vehicle at a speed and under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A § 3361; 3 (f) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (g) In failing to operate his vehicle at a speed that was safe under the circumstances, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (h) In operating a vehicle at a speed in excess of the posted speed limit; and, (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided. 15. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered personal injuries including, but not limited to, injuries to his low back and neck pain. 16. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has undergone continuing medical care for aforesaid injuries. 17. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of income. 18. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 4 19. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss. 21. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joseph Cramer, seeks damages from Defendant, Scott L. Fetterholf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - VICARIOUS LIABILITY Joseph Cramer v. Landstar Ranger, Inc. 22. All prior paragraphs are incorporated herein as if set forth at length. 23. At all times material to this action, Defendant, Scott L. Fetterholf, was an agent, servant, and/or employee of Defendant, Landstar. 24. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Joseph Cramer, are the direct and proximate result of the negligence and/or carelessness of Landstar agent/servant/employee, Scott L. Fetterholf, as set forth in Paragraph 14(a-i). 5 25. The aforementioned negligent and/or careless conduct of Defendant, Scott L. Fetterholf, occurred while acting in, and upon, the business of Defendant, Landstar, and within the course and scope of his aforementioned relationship with said Defendant. 26. As a direct and proximate result of the negligence of Defendant, Plaintiff, Joseph Cramer, has suffered personal injuries including, but not limited to, injuries to his back and neck. 27. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has undergone continuing medical care for aforesaid injuries. 28. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of income. 29. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 30. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 31. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss. 6 32. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joseph Cramer, seeks damages from Defendant, Landstar, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT IV - LOSS OF CONSORTIUM Jodi Cramer v. Scott L. Fetterholf 33. All prior paragraphs are incorporated herein as if set forth at length. 34. As a result of the negligence of Defendant, Scott L. Fetterholf, Plaintiff, Jodi Cramer, has suffered a loss of consortium, society, and comfort from her husband, Joseph Cramer, and she will continue to suffer a similar loss in the future. 35. As a result of the negligence of Defendant, Scott L. Fetterholf, Plaintiff, Jodi Cramer, has been compelled, in order to effect a cure for her husband's injuries, to spend money for medicine and medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Jodi Cramer, seeks damages from Defendant, Scott L. Fetterholf, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT V - LOSS OF CONSORTIUM Jodi Cramer v. Landstar Ranger, Inc. 36. All prior paragraphs are incorporated herein as if set forth at length. 37. As a direct and proximate result of the negligence of Defendant, Scott L. Fetterholf, the agent/servant/employee of Defendant, Landstar, Plaintiff, Jodi Cramer, has 7 suffered a loss of consortium, society, and comfort from her husband, Joseph Cramer, and she will continue to suffer a similar loss in the future. 38. As a direct and proximate result of the negligence of Defendant, Scott L. Fetterholf, the agent/servant/employee of Defendant, Landstar, Plaintiff, Jodi Cramer, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and she will be required to expend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Jodi Cramer, seeks damages from Defendant, Landstar, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 12 I b WID By. ew S. Crosby, Esq. I. D. # 69367 Attorneys for Plaintiffs 8 Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosbyChhrlaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the following: Robert P. Corman, Esquire German, Gallagher & Murtagh 200 South Broad Street Philadelphia, PA 19102 (counsel for Defendant Landstar) and Scott L. Fetterholf 60 Manning Drive P.O. Box 85 Kylertown, PA 16847 (pro se) by United States mail in Harrisburg, Pennsylvania on December It), 2010. G & ROSENBERG, LLP aS. Crosby, Esq. DATE: 121 1 U Italy A orneys for Plaintiff FlIE- Matthew S. Crosby, Esq. F 111E PR0 THn ??;.. i OFFICE ?r t " I. D. # 69367 ?nn?? HANDLER, HENNING & ROSENBERG,?L1wc 0 PM 1. ?.q 1300 Lit17110 Road, Suite 2 r1JN8ER AND Harrisburg, PA e Telephone: (717) 238-2000 S YL V.6 X11 ht Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosbvChhrlaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plaintiffs' Set of Interrogatories Directed to Defendant and Plaintiffs' Request for Production of Documents Directed to Defendant, addressed to each Defendant, were served on the following: Robert P. Corman, Esquire German, Gallagher & Murtagh 200 South Broad Street Philadelphia, PA 19102 (counsel for Defendant Landstar) and Scott L. Fetterholf 60 Manning Drive P.O. Box 85 Kylertown, PA 16847 (pro se) by United States mail in Harrisburg, Pennsylvania on December lO , 2010. HA LE HEN NBERG, LLP B Matthew S. Crosby, Esq. DATE: IZ` I D'rb Attorneys for Plaintiff GERMAN, GALLAGHER & MURTAGH Attorneys for Defendant, BY: Robert P. Corbin, Esquire Landstar Ranger, Inc.' Miles P. Dumack, Esquire -ra=y: --+ IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR ?, rn 200 S. BROAD STREE T= PHILADELPHIA, PA 19102 .- -0 T7 (215) 545-7700 =' -7; 5 "r LU JOSEPH R. CRAMER and COURT OF COMMON PLEAS JODI CRAMER, his wife, . Plaintiffs, CUMBERLAND COUNTY No. 2010-4819 Civil Term V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC. Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendant Landstar Ranger, Inc., by and through its attorneys, German, Gallagher & Murtagh, hereby submits the following Preliminary Objections to plaintiffs' complaint. 1. RELEVANT FACTUAL BASIS 1. Plaintiffs commenced this action by the filing of his complaint on December 10, 2010 (See Plaintiffs' Complaint, filed of record on December 10, 2010). 2. This litigation arises out of allegations that plaintiff, Joseph R. Cramer, was injured as a result of a motor vehicle accident that occurred on July 28, 2008. See Plaintiffs' Complaint at ¶ 9 - 11. Plaintiffs' complaint entirely fails to state what injuries he alleges to have sustained from the motor vehicle accident and includes an impermissible "catch all" damages provision. See Plaintiff's Complaint at ¶ 15. 4. Specifically, plaintiff alleges injuries "including, but not limited to injuries to his low back and neck pain." See Plaintiffs' Complaint at T 15. 5. Plaintiffs' complaint further alleges that the matter exceeds the applicable limits of arbitration and demands a jury trial. 6. Plaintiffs' complaint contains deficiencies under the Pennsylvania Rules of Civil Procedure and Pennsylvania law and, as addressed below, and should be plead with more specificity. 1. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS' COMPLAINT PURSUANT TO PA.R.C.P. 1028(a)(3) 7. Defendant incorporates by reference the averments set forth in paragraphs 1 through 6 above of these Preliminary Objections as though same were set forth herein at length. 8. Pennsylvania Rule of Civil Procedure 1028(a)(3) permits the filing of preliminary objections if a pleading contains "insufficient specificity." 9. Pennsylvania is a fact-pleading jurisdiction and, therefore, a complaint must not only provide notice of plaintiffs' claims and the grounds upon which they rest, but the complaint must also formulate the issues by summarizing those facts necessary to support the claim. Sevin v. Kelshaw, 611 A.2d 1232, 1235 (Pa. 1992); See also Howick v. Chiappazzi, 2010 Pa. Dist. & Cnty. Dec. LEXIS 59 (Jan. 13, 2010). 10. "The general policy demanding consistency between the allegata and the probata derives from the belief that absent prior notice of what an opponent intends to prove at trial, a party may be surprised at trial and thereby be deprived of the opportunity to prepare an adequate defense." Holt's Cigar Company v. 222 Liberty Associates, 404 Pa. Super 578, 592, 591 A.2d 743, 750 (1991). 2 11. The alleged facts must be "sufficiently specific as to enable [a] defendant to prepare [its] defense." Smith v. Wagner, 588 A.2d 1308, 1310 (Pa. Super 1991). 12. In Howick, a husband and wife brought suit against a driver who allegedly rear- ended their vehicle. The defendant driver filed preliminary objection with regard to the paragraph in the amended complaint addressing the husband's injuries as being too broad and also containing an impermissible catch-all provision. Specifically, plaintiff listed injuries to his neck, middle and lower back, shoulders, ribs, a concussion, and any consequent injuries as a result of the aforementioned. The trial court granted defendant's preliminary objections, struck the catch all language and further ordered the plaintiffs to amend their complaint to set forth the exact injuries the husband claimed were a result of the motor vehicle accident. The court noted that the defendant should not be placed in a position where he would have to prepare a defense for all injuries and damages listed; only to later learn that plaintiff only suffered from some of the injuries listed, while the others were only superfluously listed. The trial court then reasoned that the plaintiff was in the best position to know what injuries he suffered and, as such, the allegations in the complaint should reflect exactly what the plaintiff suffered as opposed to using ambiguous and open-ended language. 13. In the present case, plaintiff alleges injuries "including, but not limited to injuries to his low back and neck pain" and has failed to allege with any specificity the injuries or damages he alleges to have sustained from the accident, and as a result, the Complaint has failed to adequately inform defendant of the relevant issues necessary to prepare a fair and adequate defense. Plaintiffs' Complaint fails to comply with Pa.R.C.P. 1019 regarding specificity of pleadings by failing to specify any of his alleged injuries or damages. 3 14. Further, as in Howick, plaintiffs use ambiguous language such as "including, but not limited to" which should be stricken from the complaint. See Plaintiffs' Complaint at ¶ 12. 15. In addition, the conclusory averments contained in the Complaint fail to appropriately advise defendant of the exact facts and damages which plaintiffs believes precludes them from participating in the arbitration program and further precludes defendant from preparing all available defenses to the issues they will be expected to meet at trial. 16. Therefore, plaintiffs' complaint is improper under Pennsylvania law. II. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.R.C.P. 1019(I) AND 1028(A)(3) 17. Defendant incorporates by reference the averments set forth in paragraphs 1 through 16 above of these Preliminary Objections as though same were set forth herein at length. 18. Under Pa.R.C.P 1028(a)(3), preliminary objections may be filed by any party to any pleading for insufficient specificity in a pleading. 19. In addition, pursuant to Pa.R.C.P. 1019(f), the averments of special damage shall be specifically stated. As such, plaintiffs must plead with sufficient particularity and specificity those allegations that are contained within their complaint. 20. As set forth above, Plaintiffs' complaint is vague, ambiguous and sets forth absolutely no factual specificity which would enable answering defendant to ascertain the allegations that are being alleged against them and to formulate a proper and prepare a proper responsive pleading. 21. Therefore, defendant respectfully requests that this Honorable Court order plaintiffs to file an amended complaint setting forth with specificity his alleged injuries and damages. 4 WHEREFORE, defendant respectfully request that this Honorable Court strike the catch all language from plaintiffs' complaint and to further order plaintiffs to plead with specificity the damages and injuries suffered by plaintiff as required by the Pennsylvania Rule of Civil Procedure. In the alternative, defendant respectfully requests that this Honorable Court direct plaintiffs to file a more specific complaint. GERMAN GALLAGHER & MURTAGH BY: Robert P. Corbin, Esq Miles P. Dumack, Esquire Supreme Court ID Nos. PA 17897/PA 202278 The Bellevue, Fifth Floor 200 S. Broad Street Philadelphia, PA 19102 Telephone: (215) 545-7700 Facsimile: (215) 732-4182 Email: corbinr(&ggmfirm.com dumackmn&,g,gmfirm.com Attorneys for Defendant Landstar Ranger, Inc. 5 GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR 200 S. BROAD STREET PHILADELPHIA, PA 19102 (215) 545-7700 JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs, Attorneys for Defendants, Landstar Ranger, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2010-4819 Civil Term V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC. Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendant Landstar Ranger, Inc., by and through its attorneys, German, Gallagher & Murtagh, hereby submits the following Memorandum of Law in Support of its Preliminary Objections to Plaintiffs' Complaint. 1. MATTER BEFORE THE COURT: Defendant's Preliminary Objections to Plaintiffs' Complaint pursuant to Pa.R.C.P. 1028. II. STATEMENT OF QUESTIONS PRESENTED: Should the catch all language be stricken from paragraph 15 of plaintiffs' complaint and should plaintiffs be ordered to plead with specificity the damages and injuries suffered by plaintiff as required pursuant to Pa.R.C.P 1028? SUGGESTED ANSWER: Yes. Should plaintiffs be required to amend and file a more specific complaint with respect to Plaintiff's injuries? SUGGESTED ANSWER: Yes. III. FACTUAL AND PROCEDURAL HISTORY Plaintiffs commenced this action by the filing of their complaint on December 10, 2010 (See Plaintiff's Complaint, filed of record on December 10, 2010). This litigation arises out of allegations that plaintiff, Joseph R. Cramer, was injured as a result of a motor vehicle accident that occurred on July 28, 2008. See Plaintiffs' Complaint at ¶ 9 - 11. Plaintiffs' complaint entirely fails to state what injuries he alleges to have sustained from the motor vehicle accident and includes an impermissible "catch all" damages provision. See Plaintiff s Complaint at ¶ 15. Specifically, plaintiffs allege injuries "including, but not limited to injuries to his low back and neck pain." See Plaintiffs' Complaint at ¶ 15. Plaintiffs' complaint further alleges that the matter exceeds the applicable limits of arbitration and demands a jury trial. Plaintiffs' complaint contains deficiencies under the Pennsylvania Rules of Civil Procedure and Pennsylvania law and, as addressed below, and should be plead with more specificity. 2 IV. LEGAL ARGUMENT A. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS' COMPLAINT AGAINST DEFENDANTS PURSUANT TO PA.R.C.P. 1019(fl AND 1028(a)(3) Pennsylvania Rule of Civil Procedure 1028(a)(3) permits the filing of preliminary objections if a pleading contains "insufficient specificity." Pennsylvania is a fact-pleading jurisdiction and, therefore, a complaint must not only provide notice of plaintiff claims and the grounds upon which they rest, but the complaint must also formulate the issues by summarizing those facts necessary to support the claim. Sevin v. Kelshaw, 611 A.2d 1232, 1235 (Pa. 1992); See also Howick v. Chiappazzi, 2010 Pa. Dist. & Cnty. Dec. LEXIS 59 (Jan. 13, 2010). "The general policy demanding consistency between the allegata and the probata derives from the belief that absent prior notice of what an opponent intends to prove at trial, a party may be surprised at trial and thereby be deprived of the opportunity to prepare an adequate defense." Holt's Cigar Company v. 222 Liberty Associates, 404 Pa. Super 578, 592, 591 A.2d 743, 750 (1991). The alleged facts must be "sufficiently specific as to enable [a] defendant to prepare [its] defense." Smith v. Wagner, 588 A.2d 1308, 1310 (Pa. Super 1991). In Howick, a husband and wife brought suit against a driver who allegedly rear-ended their vehicle. The defendant driver filed preliminary objection with regard to the paragraph in the amended complaint addressing the husband's injuries as being too broad and also containing an impermissible catch-all provision. Specifically, plaintiff listed injuries to his neck, middle and lower back, shoulders, ribs, a concussion, and any consequent injuries as a result of the aforementioned. 3 The trial court granted defendant's preliminary objections, struck the catch all language and further ordered the plaintiffs to amend their complaint to set forth the exact injuries the husband claimed were a result of the motor vehicle accident. . The court noted that the defendant should not be placed in a position where he would have to prepare a defense for all injuries and damages listed; only to later learn that plaintiff only suffered from some of the injuries listed, while the others were only superfluously listed. The trial court then reasoned that the plaintiff was in the best position to know what injuries he suffered and, as such, the allegations in the complaint should reflect exactly what the plaintiff suffered as opposed to using ambiguous and open-ended language. In the present case, plaintiffs allege injuries "including, but not limited to injuries to his low back and neck pain" and has failed to allege with any specificity the injuries or damages he alleges to have sustained from the accident, and as a result, the complaint has failed to adequately inform defendant of the relevant issues necessary to prepare a fair and adequate defense. Plaintiffs' complaint fails to comply with Pa.R.C.P. 1019 regarding specificity of pleadings by failing to specify any of his alleged injuries or damages., Further, as in Howick, plaintiffs use ambiguous language such as "including, but not limited to" which should be stricken from the complaint. See Plaintiffs' Complaint at ¶ 15. In addition, the conclusory averments contained in complaint fail to appropriately advise defendant of the exact facts and damages which plaintiffs believe precludes them from participating in the arbitration program and further precludes defendant from preparing all available defenses to the issues they will be expected to meet at trial. Therefore, plaintiffs' complaint is improper under Pennsylvania law. 4 WHEREFORE, defendant respectfully requests that this Honorable Court strike the catch all language from plaintiffs' complaint and to further order plaintiffs to plead with specificity the damages and injuries suffered by plaintiff as required by the Pennsylvania Rule of Civil Procedure. B. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.R.C.P. 1028(A)(3) Under Pa.R.C.P 1028(a)(3), preliminary objections may be filed by any party to any pleading for insufficient specificity in a pleading. In addition, pursuant to Pa.R.C.P. 1019(f), the averments of special damage shall be specifically stated. As such, plaintiffs must plead with sufficient particularity and specificity those allegations that are contained within their complaint. As set forth above, plaintiffs' complaint is vague, ambiguous and sets forth absolutely no factual specificity which would enable answering defendant to ascertain the allegations that are being alleged against it and to formulate a proper and prepare a proper responsive pleading. Therefore, defendant respectfully requests that this Honorable Court order plaintiffs to file an amended complaint setting forth with specificity their alleged injuries and damages. WHEREFORE, defendant respectfully request that this Honorable Court strike the catch all language from plaintiffs' complaint and to further order plaintiffs to plead with specificity the damages and injuries suffered by plaintiff as required by the Pennsylvania Rule of Civil Procedure. In the alternative, defendant respectfully request that this Honorable Court direct plaintiffs to file a more specific complaint. GERMAN GALLAGHER & MURTAGH 5 BY: _ Robert P. Corbin, Esqui Miles P. Dumack, Esquire Supreme Court ID Nos. PA 17897/PA 202278 The Bellevue, Fifth Floor 200 S. Broad Street Philadelphia, PA 19102 Telephone: (215) 545-7700 Facsimile: (215) 732-4182 Email: corbinr ,ggmfirm.com dumackm(a)ggmfirm.com Attorneys for Defendant Landstar Ranger, Inc. 6 VERIFICATION The undersigned verifies that he is the attorney for Defendant Landstar Ranger, Inc. in the within action; that he is familiar with the facts set forth in the foregoing Preliminary Objections; and that same are true and correct to the best of his knowledge, information and belief, and that he makes this statement subject to the penalties of the 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Robert. Corbin CERTIFICATE OF SERVICE Robert P. Corbin, hereby certifies that he is the attorney for defendant in the within matter and that on 12 11 110 he served a copy of the within Preliminary Objections and Supporting Brief to Plaintiffs' Complaint via regular first class mail, postage prepaid and addressed as follows: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 l Robert P. Corbin Date: Li 1 Z 1 to ???? %/ FILED-OFFICE O THE PROTHONOTARY Matthew S. Crosby, Esq. I.D. # 69367 tf DEC 10 10 PM (: ?; HANDLER, HENNING & ROSENBERG LLP 1300 Linglestown Road MRERLAND COUNTY Harrisburg, PA 17110 PENNSYLVANIA Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or _?-': t other rights important to you. v 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. 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. rosby, Esq. Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosby@hhriaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Joseph and Jodi Cramer, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and make the within Complaint against the Defendants, Scott L. Fetterholf and Landstar Ranger, Inc., and aver as follows: 1. Plaintiff, Joseph R. Cramer, is a competent adult individual currently residing at 626 Danner Lane, New Cumberland, Cumberland County, PA 17070. 2. Plaintiff, Jodi Cramer, is a competent adult individual currently residing at 626 Danner Lane, New Cumberland, Cumberland County, PA 17070. 3. Defendant, Scott L. Fetterholf, is a competent adult individual currently residing at 60 Manning Drive, Kylertown, Clearfield County, PA 16847. 4. Defendant, Landstar Ranger, Inc. (hereinafter "Landstar"), is a corporation existing under the laws of Delaware with a registered office address at 1635 Market Street, Philadelphia, Philadelphia County, Pennsylvania. 5. At all times material hereto, Defendant, Scott L. Fetterholf, was an agent, servant, and/or employee of Defendant, Landstar, and was acting within the scope of said relationship. 6. At all times material hereto, Plaintiff, Joseph Cramer, was the owner and operator of a 1992 Ford Explorer, bearing Pennsylvania registration number GZS8608 (hereinafter, "Plaintiff's vehicle"). 7. At all times material hereto, Defendant, Scott L. Fetterholf, was the operator of a 1996 Kenworth T800B tractor trailer, owned by Defendant, Landstar, and bearing Illinois registration number P651832 (hereinafter, "Defendant's vehicle") 8. At all times material hereto, Plaintiffs, Joseph and Jodi Cramer, were insured under an automobile insurance policywith Allstate Insurance Company and covered under the full-tort option. 9. On July 28, 2008, Plaintiff, Joseph Cramer, was traveling northbound on Interstate 81 in Hampden Township, Cumberland County, Pennsylvania, when he lawfully slowed his vehicle to avoid debris in the roadway. 10. At approximately the same time and place, Defendant, Scott L. Fetterholf, was also traveling northbound on Interstate 81, approaching Plaintiff's vehicle from the rear. 2 11. Defendant, Scott L. Fetterholf, failed to react in a timely fashion to Plaintiff's slowing vehicle, and suddenly, and violently, struck the rear of Plaintiffs vehicle. 12. As a direct and proximate result of the negligence of Defendants, Plaintiffs sustained damages as set forth more specifically below. COUNT I - NEGLIGENCE Joseph Cramer v. Scott L. Fetterholf 13. All prior paragraphs are incorporated herein as if set forth at length. 14. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Joseph Cramer, are the direct and proximate result of the negligence and/or carelessness of Defendant, Scott L. Fetterholf, generally and more specifically as set forth below: (a) In driving his vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. Cons. Stat. Ann. § 3714; (b) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. Cons. Stat. Ann. § 3714; (c) In following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa. Cons. Stat. Ann. § 3310(a); (d) In failing to properly regulate the speed of his vehicle so as to prevent a rear-end collision; (e) In failing to operate said vehicle at a speed and under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A § 3361; 3 (f) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (g) In failing to operate his vehicle at a speed that was safe under the circumstances, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (h) In operating a vehicle at a speed in excess of the posted speed limit; and, (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided. 15. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered personal injuries including, but not limited to, injuries to his low back and neck pain. 16. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has undergone continuing medical care for aforesaid injuries. 17. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of income. 18. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 4 19. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss. 21. As a direct and proximate result of the negligence of Defendant, the Plaintiff,. Joseph Cramer, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joseph Cramer, seeks damages from Defendant, Scott L. Fetterholf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - VICARIOUS LIABILITY Joseph Cramer v. Landstar Ranger, Inc. 22. All prior paragraphs are incorporated herein as if set forth at length. 23. At all times material to this action, Defendant, Scott L. Fetterholf, was an agent, servant, and/or employee of Defendant, Landstar. 24. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Joseph Cramer, are the direct and proximate result of the negligence and/or carelessness of Landstar agent/servant/employee, Scott L. Fetterholf, as set forth in Paragraph 14(a-i). 5 25. The aforementioned negligent and/or careless conduct of Defendant, Scott L. Fetterholf, occurred while acting in, and upon, the business of Defendant, Landstar, and within the course and scope of his aforementioned relationship with said Defendant. 26. As a direct and proximate result of the negligence of Defendant, Plaintiff, Joseph Cramer, has suffered personal injuries including, but not limited to, injuries to his back and neck. 27. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has undergone continuing medical care for aforesaid injuries. 28. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of income. 29. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 30. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 31. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss. 6 32. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joseph Cramer, seeks damages from Defendant, Landstar, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT IV - LOSS OF CONSORTIUM Jodi Cramer v. Scott L. Fetterholf 33. All prior paragraphs are incorporated herein as if set forth at length. 34. As a result of the negligence of Defendant, Scott L. Fetterholf, Plaintiff, Jodi Cramer, has suffered a loss of consortium, society, and comfort from her husband, Joseph Cramer, and she will continue to suffer a similar loss in the future. 35. As a result of the negligence of Defendant, Scott L. Fetterholf, Plaintiff, Jodi Cramer, has been compelled, in order to effect a cure for her husband's injuries, to spend money for medicine and medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Jodi Cramer, seeks damages from Defendant, Scott L. Fetterholf, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT V - LOSS OF CONSORTIUM Jodi Cramer v. Landstar Ranger, Inc. 36. All prior paragraphs are incorporated herein as if set forth at length. 37. As a direct and proximate result of the negligence of Defendant, Scott L. Fetterholf, the agent/servant/employee of Defendant, Landstar, Plaintiff, Jodi Cramer, has 7 suffered a loss of consortium, society, and comfort from her husband, Joseph Cramer, and she will continue to suffer a similar loss in the future. 38. As a direct and proximate result of the negligence of Defendant, Scott L. Fetterholf, the agent/servant/employee of Defendant, Landstar, Plaintiff, Jodi Cramer, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and she will be required to expend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Jodi Cramer, seeks damages from Defendant, Landstar, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, Date: I Z 1 Z0hD HANDLER, HENNING & ROSENBERG, LLP By: hew S. Crosby, Esq. I. D. # 69367 Attorneys for Plaintiffs 8 Matthew S. Crosby, Esq. I.D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosby@hhrlaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the following: Robert P. Corman, Esquire German, Gallagher & Murtagh 200 South Broad Street Philadelphia, PA 19102 (counsel for Defendant Landstar) and Scott L. Fetterholf 60 Manning Drive P.O. Box 85 Kylertown, PA 16847 (pro se) by United States mail in Harrisburg, Pennsylvania on Decembers?, 2010. NG & ROSENBERG, LLP att S. Crosby, Esq. DATE: i2? 1 U ?2d?U A orneys for Plaintiff ('41 14 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Joseph R. Cramer and Jodi Cramer, h/w VS. Landstar Ranger, Inc. and Scott Fetterholf (List the within matter for thext 1 oz ---------------------------------- r rICo t? z ? r`- = ? o ? r -- -0 =a C}.?p? M No. 2010 4819 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Obiections of Defendant Landstar Ranger Inc. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Matthew S. Crosby, Esquire, 1300 Linglestown Road, Harrisburg, PA 17110 (Name and Address) (b) for defendants: Miles P. Dumack, Esquire, 200 South Broad Street, Suite 500, Philadelphia, PA 19102 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: December 17, 2010 Defendant Landstar Ranger, Inc. Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding parry shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. Miles P. Dumack, Esquire Print your name IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH R. CRAMER AND NO. 2010 JODI CRAMER, HIW CIVIL ACTION - LAW NO. 4819 V. . SCOTT L. FETTEROLF AND AND LANDSTAR RANGER, INC.: r, ..+? .,1 Y t=s 'r , p ci 5 C ? t? ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant Scott L. Fetterholf in the above-captioned civil action. Also, said defendant demands trial by jury. GERMAN, GALLAGHER & MURTAGH ar-%?2 /;?3 Robert P. Corbin, Esquire 200 S. Broad Street, Ste. 500 Philadelphia, PA 19102 215-545-7700 215-732-4182 (fax) corbinrggamfirm. com ID No: 17897 Attorney for defendant Scott L. Fetterholf OF TrFELPRO OHON TARP Matthew S. Crosby, Esq. I.D. # 69367 P 'i lJ 4 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road C U "' ({) l? ?,! T Y Harrisburg, PA 17110 r' L i, Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: CrosbyQHHRLaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mfis adelante en Jas siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, H ,RKNING 4 ROSENBERG, LLP By: Matthew S. Crosby, Esq. Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosbYCc?hhrlaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI.CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW, come the Plaintiffs, Joseph and Jodi Cramer, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and make the within Amended Complaint against the Defendants, Scott L. Fetterholf and Landstar Ranger, Inc., and aver as follows: 1. Plaintiff, Joseph R. Cramer, is a competent adult individual currently residing at 626 Danner Lane, New Cumberland, Cumberland County, PA 17070. 2. Plaintiff, Jodi Cramer, is a competent adult individual currently residing at 626 Danner Lane, New Cumberland, Cumberland County, PA 17070. 3. Defendant, Scott L. Fetterholf, is a competent adult individual currently residing at 60 Manning Drive, Kylertown, Clearfield County, PA 16847. 4. Defendant, Landstar Ranger, Inc. (hereinafter "Landstar"), is a corporation existing under the laws of Delaware with a registered office address at 1635 Market Street, Philadelphia, Philadelphia County, Pennsylvania. 5. At all times material hereto, Defendant, Scott L. Fetterholf, was an agent, servant, and/or employee of Defendant, Landstar, and was acting within the scope of said relationship. 6. At all times material hereto, Plaintiff, Joseph Cramer, was the owner and operator of a 1992 Ford Explorer, bearing Pennsylvania registration number GZS8608 (hereinafter, "Plaintiff's vehicle"). 7. At all times material hereto, Defendant, Scott L. Fetterholf, was the operator of a 1996 Kenworth T800B tractor trailer, owned by Defendant, Landstar, and bearing Illinois registration number P651832 (hereinafter, "Defendant's vehicle") 8. At all times material hereto, Plaintiffs, Joseph and Jodi Cramer, were insured under an automobile insurance policy with Allstate Insurance Company and covered under the full-tort option. 9. On July 28, 2008, Plaintiff, Joseph Cramer, was traveling northbound on Interstate 81 in Hampden Township, Cumberland County, Pennsylvania, when he lawfully slowed his vehicle to avoid debris in the roadway. 10. At approximately the same time and place, Defendant, Scott L. Fetterholf, was also traveling northbound on Interstate 81, approaching Plaintiffs vehicle from the rear. 2 11. Defendant, Scott L. Fetterholf, failed to react in a timely fashion to Plaintiffs slowing vehicle, and suddenly, and violently, struck the rear of Plaintiffs vehicle. 12. As a direct and proximate result of the negligence of Defendants, Plaintiffs sustained damages as set forth more specifically below. COUNT I - NEGLIGENCE Joseph Cramer v. Scott L. Fetterholf 13. All prior paragraphs are incorporated herein as if set forth at length. 14. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Joseph Cramer, are the direct and proximate result of the negligence and/or carelessness of Defendant, Scott L. Fetterholf, generally and more specifically as set forth below: (a) In driving his vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. Cons. Stat. Ann. § 3714; (b) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. Cons. Stat. Ann. § 3714; (c) In following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa. Cons. Stat. Ann. § 3310(a); (d) In failing to properly regulate the speed of his vehicle so as to prevent a rear-end collision; (e) In failing to operate said vehicle at a speed and under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A § 3361; 3 (f) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (g) In failing to operate his vehicle at a speed that was safe under the circumstances, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (h) In operating a vehicle at a speed in excess of the posted speed limit; and, (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided. 15. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered personal injuries to his low back and neck. 16. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has undergone continuing medical care for aforesaid injuries. 17. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of income. 18. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been compelled, in order to effect a cure for the aforesaid injuries, to 4 spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss. 21. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joseph Cramer, seeks damages from Defendant, Scott L. Fetterholf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - VICARIOUS LIABILITY Joseph Cramer v. Landstar Ranger, Inc. 22. All prior paragraphs are incorporated herein as if set forth at length. 23. At all times material to this action, Defendant, Scott L. Fetterholf, was an agent, servant, and/or employee of Defendant, Landstar. 24. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Joseph Cramer, are the direct and proximate result of the negligence and/or carelessness of Landstar agent/servant/employee, Scott L. Fetterholf, as set forth in Paragraph 14(a-i). 25. The aforementioned negligent and/or careless conduct of Defendant, Scott L. Fetterholf, occurred while acting in, and upon, the business of Defendant, Landstar, and within the course and scope of his aforementioned relationship with said Defendant. 5 26. As a direct and proximate result of the negligence of Defendant, Plaintiff, Joseph Cramer, has suffered personal injuries to his back and neck pain. 27. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has undergone continuing medical care for aforesaid injuries. 28. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of income. 29. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 30. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 31. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss. 32. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joseph Cramer, seeks damages from Defendant, Landstar, in an amount in excess of the compulsory arbitration limits of Cumberland County. 6 COUNT III - LOSS OF CONSORTIUM Jodi Cramer v. Scott L. Fetterholf 33. All prior paragraphs are incorporated herein as if set forth at length. 34. As a result of the negligence of Defendant, Scott L. Fetterholf, Plaintiff, Jodi Cramer, has suffered a loss of consortium, society, and comfort from her husband, Joseph Cramer, and she will continue to suffer a similar loss in the future. 35. As a result of the negligence of Defendant, Scott L. Fetterholf, Plaintiff, Jodi Cramer, has been compelled, in order to effect a cure for her husband's injuries, to spend money for medicine and medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Jodi Cramer, seeks damages from Defendant, Scott L. Fetterholf, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT IV - LOSS OF CONSORTIUM Jodi Cramer v. Landstar Ranger, Inc. 36. All prior paragraphs are incorporated herein as if set forth at length. 37. As a direct and proximate result of the negligence of Defendant, Scott L. Fetterholf, the agent/servant/employee of Defendant, Landstar, Plaintiff, Jodi Cramer, has suffered a loss of consortium, society, and comfort from her husband, Joseph Cramer, and she will continue to suffer a similar loss in the future. 38. As a direct and proximate result of the negligence of Defendant, Scott L. Fetterholf, the agent/servant/employee of Defendant, Landstar, Plaintiff, Jodi Cramer, has been compelled, in order to effect a cure for her husband's injuries, to expend money for 7 medicine and medical attention and she will be required to expend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Jodi Cramer, seeks damages from Defendant, Landstar, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, Date: Z4 HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. Crosby, Esq. I. D. # 69367 Attorneys for Plaintiffs 8 VERIFICATION PURSUANT TO Pa. R.C.P. No. 1024(c) MATTHEW S. CROSBY, ESQ. states that he is the attorney for the party(ies) filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. MATTHEW S. CROSBY, DATE: t'Z 2 Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Ste 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the following: Robert P. Corman, Esq. German, Gallagher & Murtagh 200 South Broad Street Philadelphia, PA 19102 (counsel for Defendant Landstar Ranger, Inc.) Scott L. Fetterholf 60 Manning Drive P.O. Box 85 Kylertown, PA 16847 (prose), both by United States mail in Harrisburg, Pennsylvania on December, 2010. HA LER, HE NI ENBERG, LLP B Matthew S. Crosby, Esq. DATE: (AZT I ID Attorneys for Plaintiffs GERMAN, GALLAGHER & MURTAGH Attorneys for Defendants, BY: Robert P. Corbin, Esquire Landstar Ranger, Inc. Miles P. Dumack, Esquire And Scott L. Fetterholf N IDENTIFICATION NOS. 17897/202278 MM zr- -q THE BELLEVUE, FIFTH FLOOR ;MM -urn 200 S. BROAD STREET ~ -<:r> C? C) cJ PHILADELPHIA, PA 19102 r CJ -+o (215) 545-7700 z a zic °z Cn C) JOSEPH R. CRAMER and COURT OF COMMON PLEAS -< JODI CRAMER, his wife, CUMBERLAND COUNTY Plaintiffs, No. 2010-4819 Civil Term V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC. Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendant Scott L. Fetterholf, by and through his attorneys, German, Gallagher & Murtagh, hereby submits the following Preliminary Objections to plaintiffs' complaint. 1. RELEVANT FACTUAL BASIS 1. Plaintiffs commenced this action by the filing of his complaint on December 10, 2010 (See Plaintiffs' Complaint, filed of record on December 10, 2010). 2. This litigation arises out of allegations that plaintiff, Joseph R. Cramer, was injured as a result of a motor vehicle accident that occurred on July 28, 2008. See Plaintiffs' Complaint at ¶ 9 - 11. 3. Plaintiffs' complaint entirely fails to state what injuries he alleges to have sustained from the motor vehicle accident and includes an impermissible "catch all" damages provision. See Plaintiff s Complaint at ¶ 15. 4. Specifically, plaintiff alleges injuries "including, but not limited to injuries to his low back and neck pain." See Plaintiffs' Complaint at 115. 5. Plaintiffs' complaint further alleges that the matter exceeds the applicable limits of arbitration and demands a jury trial. 6. Plaintiffs' complaint contains deficiencies under the Pennsylvania Rules of Civil Procedure and Pennsylvania law and, as addressed below, and should be plead with more specificity. 1. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS' COMPLAINT PURSUANT TO PA.R.C.P. 1028(a)(3) 7. Defendant incorporates by reference the averments set forth in paragraphs 1 through 6 above of these Preliminary Objections as though same were set forth herein at length. 8. Pennsylvania Rule of Civil Procedure 1028(a)(3) permits the filing of preliminary objections if a pleading contains "insufficient specificity." 9. Pennsylvania is a fact-pleading jurisdiction and, therefore, a complaint must not only provide notice of plaintiffs' claims and the grounds upon which they rest, but the complaint must also formulate the issues by summarizing those facts necessary to support the claim. Sevin v. Kelshaw, 611 A.2d 1232, 1235 (Pa. 1992); See also Howick v. Chiappazzi, 2010 Pa. Dist. & Cnty. Dec. LEXIS 59 (Jan. 13, 2010). 10. "The general policy demanding consistency between the allegata and the probata derives from the belief that absent prior notice of what an opponent intends to prove at trial, a party may be surprised at trial and thereby be deprived of the opportunity to prepare an adequate defense." Holt's Cigar Company v. 222 Liberty Associates, 404 Pa. Super 578, 592, 591 A.2d 743, 750 (1991). 2 11. The alleged facts must be "sufficiently specific as to enable [a] defendant to prepare [its] defense." Smithy. Wagner, 588 A.2d 1308, 1310 (Pa. Super 1991). 12. In Howick, a husband and wife brought suit against a driver who allegedly rear- ended their vehicle. The defendant driver filed preliminary objection with regard to the paragraph in the amended complaint addressing the husband's injuries as being too broad and also containing an impermissible catch-all provision. Specifically, plaintiff listed injuries to his neck, middle and lower back, shoulders, ribs, a concussion, and any consequent injuries as a result of the aforementioned. The trial court granted defendant's preliminary objections, struck the catch all language and further ordered the plaintiffs to amend their complaint to set forth the exact injuries the husband claimed were a result of the motor vehicle accident. The court noted that the defendant should not be placed in a position where he would have to prepare a defense for all injuries and damages listed; only to later learn that plaintiff only suffered from some of the injuries listed, while the others were only superfluously listed. The trial court then reasoned that the plaintiff was in the best position to know what injuries he suffered and, as such, the allegations in the complaint should reflect exactly what the plaintiff suffered as opposed to using ambiguous and open-ended language. 13. In the present case, plaintiff alleges injuries "including, but not limited to injuries to his low back and neck pain" and has failed to allege with any specificity the injuries or damages he alleges to have sustained from the accident, and as a result, the Complaint has failed to adequately inform defendant of the relevant issues necessary to prepare a fair and adequate defense. Plaintiffs' Complaint fails to comply with Pa.R.C.P. 1019 regarding specificity of pleadings by failing to specify any of his alleged injuries or damages. 3 14. Further, as in Howick, plaintiffs use ambiguous :language such as "including, but not limited to" which should be stricken from the complaint. See, Plaintiffs' Complaint at ¶ 12. 15. In addition, the conclusory averments contained in the Complaint fail to appropriately advise defendant of the exact facts and damages which plaintiffs believes precludes them from participating in the arbitration program and further precludes defendant from preparing all available defenses to the issues they will be expected to meet at trial. 16. Therefore, plaintiffs' complaint is improper under Pennsylvania law. II. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.R.C.P. 1019(fl AND 1028(A)(3) 17. Defendant incorporates by reference the averments set forth in paragraphs 1 through 16 above of these Preliminary Objections as though same were set forth herein at length. 18. Under Pa.R.C.P 1028(a)(3), preliminary objections may be filed by any party to any pleading for insufficient specificity in a pleading. 19. In addition, pursuant to Pa.R.C.P. 1019(f), the averments of special damage shall be specifically stated. As such, plaintiffs must plead with sufficient particularity and specificity those allegations that are contained within their complaint. 20. As set forth above, Plaintiffs' complaint is vague, ambiguous and sets forth absolutely no factual specificity which would enable answering defendant to ascertain the allegations that are being alleged against them and to formulate a proper and prepare a proper responsive pleading. 21. Therefore, defendant respectfully requests that this Honorable Court order plaintiffs to file an amended complaint setting forth with specificity his alleged injuries and damages. 4 WHEREFORE, defendant respectfully request that this Honorable Court strike the catch all language from plaintiffs' complaint and to further order plaintiffs to plead with specificity the damages and injuries suffered by plaintiff as required by the Pennsylvania Rule of Civil Procedure. In the alternative, defendant respectfully requests that this Honorable Court direct plaintiffs to file a more specific complaint. GERMAN GALLAGHER & MURTAGH BY: 6?? Robert P. Corbin, Esquire Miles P. Dumack, Esquire Supreme Court ID Nos. PA 17897/PA 202278 The Bellevue, Fifth Floor 200 S. Broad Street Philadelphia, PA 19102 Telephone: (215) 545-7700 Facsimile: (215) 732-4182 Email: corbinr ggmfirm.com dumackm(a,umfirm. com Attorneys for Defendants Landstar Ranger, Inc. And Scott L. Fetterholf 5 GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR 200 S. BROAD STREET PHILADELPHIA, PA 19102 (215) 545-7700 Attorneys for Defendants, Landstar Ranger, Inc. And Scott L. Fetterholf JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs, V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC. Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2010-4819 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendant Scott L. Fetterholf, by and through his attorneys, German, Gallagher & Murtagh, hereby submits the following Memorandum of Law in Support of his Preliminary Objections to Plaintiffs' Complaint. 1. II. MATTER BEFORE THE COURT: Defendant's Preliminary Objections to Plaintiffs' Complaint pursuant to Pa.R.C.P. 1028. STATEMENT OF QUESTIONS PRESENTED: Should the catch all language be stricken from paragraph 15 of plaintiffs' complaint and should plaintiffs be ordered to plead with specificity the damages and injuries suffered by plaintiff as required pursuant to Pa.R.C.P 1028? SUGGESTED ANSWER: Yes. Should plaintiffs be required to amend and file a more specific complaint with respect to Plaintiff s injuries? SUGGESTED ANSWER: Yes. III. FACTUAL AND PROCEDURAL HISTORY Plaintiffs commenced this action by the filing of their complaint on December 10, 2010 (See Plaintiff's Complaint, filed of record on December 10, 2010). This litigation arises out of allegations that plaintiff, Joseph R. Cramer, was injured as a result of a motor vehicle accident that occurred on July 28, 2008. See Plaintiffs' Complaint at ¶ 9 - 11. Plaintiffs' complaint entirely fails to state what injuries he alleges to have sustained from the motor vehicle accident and includes an impermissible "catch all" damages provision. See Plaintiff's Complaint at 115. Specifically, plaintiffs allege injuries "including, but not limited to injuries to his low back and neck pain." See Plaintiffs' Complaint at ¶ 15. Plaintiffs' complaint further alleges that the matter exceeds the applicable limits of arbitration and demands a jury trial. Plaintiffs' complaint contains deficiencies under the Pennsylvania Rules of Civil Procedure and Pennsylvania law and, as addressed below, and should be plead with more specificity. 2 IV. LEGAL ARGUMENT A. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS' COMPLAINT AGAINST DEFENDANTS PURSUANT TO PA.R.C.P. 10190 AND 1028(a)(3) Pennsylvania Rule of Civil Procedure 1028(a)(3) permits the filing of preliminary objections if a pleading contains "insufficient specificity." Pennsylvania is a fact-pleading jurisdiction and, therefore, a complaint must not only provide notice of plaintiff claims and the grounds upon which they rest, but the complaint must also formulate the issues by summarizing those facts necessary to support the claim. Sevin v. Kelshaw, 611 A.2d 1232, 1235 (Pa. 1992); See also Howick v. Chiappazzi, 2010 Pa. Dist. & Cnty. Dec. LEXIS 59 (Jan. 13, 2010). "The general policy demanding consistency between the allegata and the probata derives from the belief that absent prior notice of what an opponent intends to prove at trial, a party may be surprised at trial and thereby be deprived of the opportunity to prepare an adequate defense." Holt's Cigar Company v. 222 Liberty Associates, 404 Pa. Super 578, 592, 591 A.2d 743, 750 (1991). The alleged facts must be "sufficiently specific as to enable [a] defendant to prepare [its] defense." Smith v. Wagner, 588 A.2d 1308, 1310 (Pa. Super 1991). In Howick, a husband and wife brought suit against a driver who allegedly rear-ended their vehicle. The defendant driver filed preliminary objection with regard to the paragraph in the amended complaint addressing the husband's injuries as being too broad and also containing an impermissible catch-all provision. Specifically, plaintiff listed injuries to his neck, middle and lower back, shoulders, ribs, a concussion, and any consequent injuries as a result of the aforementioned. 3 The trial court granted defendant's preliminary objections, struck the catch all language and further ordered the plaintiffs to amend their complaint to set forth the exact injuries the husband claimed were a result of the motor vehicle accident. The court noted that the defendant should not be placed in a position where he would have to prepare a defense for all injuries and damages listed; only to later learn that plaintiff only suffered from some of the injuries listed, while the others were only superfluously listed. The trial court then reasoned that the plaintiff was in the best position to know what injuries he suffered and, as such, the allegations in the complaint should reflect exactly what the plaintiff suffered as opposed to using ambiguous and open-ended language. In the present case, plaintiffs allege injuries "including, but not limited to injuries to his low back and neck pain" and has failed to allege with any specificity the injuries or damages he alleges to have sustained from the accident, and as a result, the complaint has failed to adequately inform defendant of the relevant issues necessary to prepare a fair and adequate defense. Plaintiffs' complaint fails to comply with Pa.R.C.P. 1019 regarding specificity of pleadings by failing to specify any of his alleged injuries or damages. Further, as in Howick, plaintiffs use ambiguous language such as "including, but not limited to" which should be stricken from the complaint. See Plaintiffs' Complaint at ¶ 15. In addition, the conclusory averments contained in complaint fail to appropriately advise defendant of the exact facts and damages which plaintiffs believe precludes them from participating in the arbitration program and further precludes defendant from preparing all available defenses to the issues they will be expected to meet at trial. Therefore, plaintiffs' complaint is improper under Pennsylvania law. 4 WHEREFORE, defendant respectfully requests that this Honorable Court strike the catch all language from plaintiffs' complaint and to further order plaintiffs to plead with specificity the damages and injuries suffered by plaintiff as required by the Pennsylvania Rule of Civil Procedure. B. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.R.C.P. 1028(A)(3) Under Pa.R.C.P 1028(a)(3), preliminary objections may be filed by any party to any pleading for insufficient specificity in a pleading. In addition, pursuant to Pa.R.C.P. 1019(f), the averments of special damage shall be specifically stated. As such, plaintiffs must plead with sufficient particularity and specificity those allegations that are contained within their complaint. As set forth above, plaintiffs' complaint is vague, ambiguous and sets forth absolutely no factual specificity which would enable answering defendant to ascertain the allegations that are being alleged against it and to formulate a proper and prepare a proper responsive pleading. Therefore, defendant respectfully requests that this Honorable Court order plaintiffs to file an amended complaint setting forth with specificity their alleged injuries and damages. WHEREFORE, defendant respectfully request that this Honorable Court strike the catch all language from plaintiffs' complaint and to further order plaintiffs to plead with specificity the damages and injuries suffered by plaintiff as required by the Pennsylvania Rule of Civil Procedure. In the alternative, defendant respectfully request that this Honorable Court direct plaintiffs to file a more specific complaint. GERMAN GALLAGHER & MURTAGH 5 BY: Robert P. Corbin, Esquir Miles P. Dumack, Esquire Supreme Court ID Nos. PA 17897/PA 202278 The Bellevue, Fifth Floor 200 S. Broad Street Philadelphia, PA 19102 Telephone: (215) 545-7700 Facsimile: (215) 732-4182 Email: corbinr(itgamfirm.com dumackmngg_mfirm. com Attorneys for Defendants Landstar Ranger, Inc. And Scott L. Fetterholf 6 VERIFICATION The undersigned verifies that he is the attorney for Defendant Scott L. Fetterholf in the within action; that he is familiar with the facts set forth in the foregoing Preliminary Objections; and that same are true and correct to the best of his knowledge, information and belief; and that he makes this statement subject to the penalties of the 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Robert P. Corbin CERTIFICATE OF SERVICE Robert P. Corbin, hereby certifies that he is the attorney for defendant in the within matter and that on DeC4 4,.e 8", b served a copy of the within Preliminary Objections and Supporting Brief to Plaintiffs' Complaint via regular first class mail, postage prepaid and addressed as follows: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Robert P. Corbin Date: t 2 Za r o -zoo FI-FICE O THE PROTHO! PROTHONOTARY Matthew S. Crosby, Esq. I.D. # 69367 2010 DEC 10 PM 1: 5 8 HANDLER, HENNING & ROSENBERG LLP 1300 Linglestown Road CUMBERLAND COUNTY Harrisburg, PA 17110 PENNSYLVANIA Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 1 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. rosby,. Esq. Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosby hhrlaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Joseph and Jodi Cramer, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and make the within Complaint against the Defendants, Scott L. Fetterholf and Landstar Ranger, Inc., and aver as follows: 1. Plaintiff, Joseph R. Cramer, is a competent adult individual currently residing at 626 Danner Lane, New Cumberland, Cumberland County, PA 17070. 2. Plaintiff, Jodi Cramer, is a competent adult individual currently residing at 626 Danner Lane, New Cumberland, Cumberland County, PA 17070. 3. Defendant, Scott L. Fetterholf, is a competent adult individual currently residing at 60 Manning Drive, Kylertown, Clearfield County, PA 16847. 4. Defendant, Landstar Ranger, Inc. (hereinafter "Landstar"), is a corporation existing under the laws of Delaware with a registered office address at 1635 Market Street, Philadelphia, Philadelphia County, Pennsylvania. 5. At all times material hereto, Defendant, Scott L. Fetterholf, was an agent, servant, and/or employee of Defendant, Landstar, and was acting within the scope of said relationship. 6. At all times material hereto, Plaintiff, Joseph Cramer, was the owner and operator of a 1992 Ford Explorer, bearing Pennsylvania registration number GZS8608 (hereinafter, "Plaintiffs vehicle"). 7. At all times material hereto, Defendant, Scott L. Fetterholf, was the operator of a 1996 Kenworth T800B tractor trailer, owned by Defendant, Landstar, and bearing Illinois registration number P651832 (hereinafter, "Defendant's vehicle") 8. At all times material hereto, Plaintiffs, Joseph and Jodi Cramer, were insured under an automobile insurance policywith Allstate Insurance Company and covered under the full-tort option. 9. On July 28, 2008, Plaintiff, Joseph Cramer, was traveling northbound on Interstate 81 in Hampden Township, Cumberland County, Pennsylvania, when he lawfully slowed his vehicle to avoid debris in the roadway. 10. At approximately the same time and place, Defendant, Scott L. Fetterholf, was also traveling northbound on Interstate 81, approaching Plaintiffs vehicle from the rear. 2 11. Defendant, Scott L. Fetterholf, failed to react in a timely fashion to Plaintiffs slowing vehicle, and suddenly, and violently, struck the rear of Plaintiffs vehicle. 12. As a direct and proximate result of the negligence of Defendants, Plaintiffs sustained damages as set forth more specifically below. COUNT I - NEGLIGENCE Joseph Cramer v. Scott L. Fetterholf 13. All prior paragraphs are incorporated herein as if set forth at length. 14. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Joseph Cramer, are the direct and proximate result of the negligence and/or carelessness of Defendant, Scott L. Fetterholf, generally and more specifically as set forth below: (a) In driving his vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. Cons. Stat. Ann. § 3714; (b) In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. Cons. Stat. Ann. § 3714; (c) In following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa. Cons. Stat. Ann. § 3310(a); (d) In failing to properly regulate the speed of his vehicle so as to prevent a rear-end collision; (e) In failing to operate said vehicle at a speed and under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A § 3361; 3 (f) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (g) In failing to operate his vehicle at a speed that was safe under the circumstances, in violation of 75 Pa. Cons. Stat. Ann. § 3361; (h) In operating a vehicle at a speed in excess of the posted speed limit; and, (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided. 15. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered personal injuries including, but not limited to, injuries to his low back and neck pain. 16. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has undergone continuing medical care for aforesaid injuries. 17. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of income. 18. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 4 19. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss. 21. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joseph Cramer, seeks damages from Defendant, Scott L. Fetterholf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - VICARIOUS LIABILITY Joseph Cramer v. Landstar Ranger, Inc. 22. All prior paragraphs are incorporated herein as if set forth at length. 23. At all times material to this action, Defendant, Scott L. Fetterholf, was an agent, servant, and/or employee of Defendant, Landstar. 24. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Joseph Cramer, are the direct and proximate result of the negligence and/or carelessness of Landstar agent/servant/employee, Scott L. Fetterholf, as set forth in Paragraph 14(a-i). 5 25. The aforementioned negligent and/or careless conduct of Defendant, Scott L. Fetterholf, occurred while acting in, and upon, the business of Defendant, Landstar, and within the course and scope of his aforementioned relationship with said Defendant. 26. As a direct and proximate result of the negligence of Defendant, Plaintiff, Joseph Cramer, has suffered personal injuries including, but not limited to, injuries to his back and neck. 27. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has undergone continuing medical care for aforesaid injuries. 28. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of income. 29. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 30. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 31. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has suffered a loss of life's pleasures and will continue to suffer the same in the future, to his detriment and loss. 6 32. As a direct and proximate result of the negligence of Defendant, the Plaintiff, Joseph Cramer, has been, and will in the future be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, Joseph Cramer, seeks damages from Defendant, Landstar, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT IV - LOSS OF CONSORTIUM Jodi Cramer v. Scott L. Fetterholf 33. All prior paragraphs are incorporated herein as if set forth at length. 34. As a result of the negligence of Defendant, Scott L. Fetterholf, Plaintiff, Jodi Cramer, has suffered a loss of consortium, society, and comfort from her husband, Joseph Cramer, and she will continue to suffer a similar loss in the future. 35. As a result of the negligence of Defendant, Scott L. Fetterholf, Plaintiff, Jodi Cramer, has been compelled, in order to effect a cure for her husband's injuries, to spend money for medicine and medical attention and will be required to spend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Jodi Cramer, seeks damages from Defendant, Scott L. Fetterholf, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT V - LOSS OF CONSORTIUM Jodi Cramer v. Landstar Ranger, Inc. 36. All prior paragraphs are incorporated herein as if set forth at length. 37. As a direct and proximate result of the negligence of Defendant, Scott L. Fetterholf, the agent/servant/employee of Defendant, Landstar, Plaintiff, Jodi Cramer, has 7 suffered a loss of consortium, society, and comfort from her husband, Joseph Cramer, and she will continue to suffer a similar loss in the future. 38. As a direct and proximate result of the negligence of Defendant, Scott L. Fetterholf, the agent/servant/employee of Defendant, Landstar, Plaintiff, Jodi Cramer, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and she will be required to expend money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Jodi Cramer, seeks damages from Defendant, Landstar, in an amount in excess of the compulsory arbitration limits of Cumberland County Respectfully submitted, Date: Z I b zom HANDLER, HENNING & ROSENBERG, LLP By: ?/7 '- hew S. Crosby, Esq. I. D. # 69367 Attorneys for Plaintiffs 8 ... ' . Matthew S. Crosby, Esq. I.D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosby@hhrlaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants NO. 2010 - 4819 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE hereby certify that a true and correct copy of the foregoing was served on the following: Robert P. Corman, Esquire German, Gallagher & Murtagh 200 South Broad Street Philadelphia, PA 19102 (counsel for Defendant Landstar) and Scott L. Fetterholf 60 Manning Drive P.O. Box 85 Kylertown, PA 16847 (pro se) by United States mail in Harrisburg, Pennsylvania on December It), 2010. ING & ROSENBERG, LLP a/l WS. Crosby, Esq. DATE: t21 1 (: gal U Attorneys for Plaintiff 04-1 Pr PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Joseph R. Cramer and Jodi Cramer, h/w vs. Landstar Ranger, Inc. and Scott Fetterholf """"' C -O3 rnC0 zm z? ? r- .? D r- :z Dv zCI) 0 DC No. 2010 4819 Toqn 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendant Scott Fetterholf 2. Identify all counsel who will argue cases: (a) for plaintiffs: Matthew S. Crosby, Esquire, 1300 Linglestown Road, Harrisburg, PA 17110 (Name and Address) (b) for defendants: Miles P. Dumack, Esquire, 200 South Broad Street, Suite 500, Philadelphia, PA 19102 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: December 28, 2010 Signature Miles P. Dumack, Esquire Print your name Defendant Scott L. Fetterholf Attorney for N O L 3a. z i w a s co cn 0 C) r=te -IIr*t o o, =o o-n on ,4r*t D INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. JOSEPH R. CRAMER AND JODI CRAMER, PLAINTIFFS V. LANDSTAR RANGER, INC. AND SCOTT FETTERHOLF, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-4819 CIVIL TERM ORDER OF COURT AND NOW, this ,qy 2" day of January, 2011, it appearing that plaintiffs have filed an amended complaint pursuant to Pa.R.C.P. 1028(c)(1), the preliminary objections to the original complaint are deemed moot. Defendants are directed to hereafter list for argument any preliminary objections that have been or will be filed to the amended complaint. The Honorable J. Wesley Oler, Jr., did not participate in this decision. By the Court, Matthew S. Crosby, Esquire For Plaintiffs Miles P. Dumack, Esquire For Defendants :saa Albert H. Masland, J. ?ej oU copie9 111 , 18 m - ?? r ?r _1 ^ 1 CO .< 3'. -'M' q M Matthew S. Crosby I ?': o L.4 t 1as :... " 0 T" Attorney ID# 69367 1 1 HANDLER, HENNING 8, ROSENBERG, LLP ' j., F = ?l 1300 Linglestown Road Lt r'` Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby hhrlaw.com JOSEPH R. CRAMER AND JODI CRAMER, HIS WIFE, Plaintiffs V. SCOTT FETTEROLF AND LANDSTAR RANGER, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-4819 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this a5 day of January, 2011, 1 hereby certify that I have, on this date, served the within Plaintiffs' Objections to the Interrogatories and Document Requests of Defendants, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Robert P. Corman, Esq. German, Gallagher & Murtagh 200 South Broad Street Philadelphia, PA 19102 Date: tlZ S/1 I q. Attorney ID No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs Respectfully submitted, HANDL , NNING & ROSENBERG, LLP By: Matthew S. C sby, Es JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs VS. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4819 CIVIL F. . caa ?1 IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS BEFORE HESS, P.J. AND EBERT, J. ORDER AND NOW, this /s' day of March, 2011, the Court being unable to find case authority for the proposition that a more specific pleading is required in this case and the Court being otherwise satisfied that the defendants are not prejudiced, the preliminary objections of the defendants in the nature of a motion to strike and a motion for more specific pleading are DENIED. BY THE COURT, `Matthew S. Crosby, Esquire For the Plaintiffs Robert P. Corbin, Esquire Miles P. Dumack, Esquire For the Defendants 1 Kevin A. ess, P. J. Copies Mo? led `1,5111 `,1 Dk8 rlm FILED-OFFICE OF THE PROTHONOTARY 2011 APR - I AM 10: 25 CUMBERLAND COUNTY PENNSYLVANIA To the herein PARTIES you are hereby notified to plead to the enclosed NEW MATTER within 20 days of service thereof or a default judgment may be entered against you. (J,-Zr /-? &ti Robert P. Corbin, Esquire Attorney for Defendants GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR 200 S. BROAD STREET PHILADELPHIA, PA 19102 (215) 545-7700 Attorneys for Defendants, Landstar Ranger, Inc. And Scott L. Fetterolf JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2010-4819 Civil Term V. SCOTT L. FETTEROLF and LANDSTAR RANGER, INC. Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER, WITH NEW MATTER, TO PLAINTIFFS' AMENDED COMPLAINT Defendants Scott L. Fetterolf and Landstar Ranger, Inc., by and through their attorneys, German, Gallagher & Murtagh, hereby submit the following Answer with New Matter to Plaintiffs' Amended Complaint. 1-2. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of the averments contained in paragraphs 1 and 2 of plaintiffs' Amended Complaint, and the same are accordingly denied and strict proof thereof is demanded. 3. Admitted, with the qualification that answering defendant is Scott fetterolf and not "Fetterhol£" 4. Denied as stated. Landstar Ranger, Inc. is a corporation organized and existing under the laws of the State of Delaware with its principal place of business in Jacksonville, Florida. 5. Denied. It is denied that defendant Scott L. Fetterolf was acting in the course or scope of any alleged employment with Landstar Ranger, Inc. Defendant Scott L. Fetterolf is an independent owner operator who owned and operated the tractor involved in the subject accident. It is admitted that, at the time of the accident as described in the amended complaint, defendant Scott L. Fetterolf was operating the tractor-trailer on behalf of Landstar Ranger, Inc. As to the remaining averments in paragraph 5, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these averments and the same are accordingly denied. Strict proof thereof is demanded. 6. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of the averments contained in paragraph 6 of plaintiffs' Amended Complaint, and the same are accordingly denied and strict proof thereof is demanded. 7. Admitted in part. Denied in part. It is specifically denied that defendant Landstar Ranger, Inc. was the owner of the subject tractor. Defendant Scott L. Fetterolf is an independent owner operator who owned and operated the tractor involved in the subject accident. It is admitted that, at the time of the subject accident, defendant Scott L. Fetterolf was operating the tractor-trailer on behalf of Landstar Ranger, Inc. As to the remaining averments in paragraph 7, after reasonable investigation, answering defendants are without knowledge or information 2 sufficient to form a belief as to the truth or accuracy of these averments and the same are accordingly denied. Strict proof thereof is demanded. 8. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of the averments contained in paragraph 8 of plaintiffs' Amended Complaint, and the same are accordingly denied and strict proof thereof is demanded. 9. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of the averments contained in paragraph 9 of plaintiffs' Amended Complaint, and the same are accordingly denied and strict proof thereof is demanded. 10. Admitted in part. Denied in part. It is admitted that, at the time of the subject incident, defendant Scott Fetterolf was operating the tractor-trailer on behalf of Landstar Ranger, Inc. traveling northbound on Interstate 81 in Cumberland County, PA. As to the remaining averments in paragraph 10, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these averments and the same are accordingly denied. Strict proof thereof is demanded. 11. Denied. Any and all averments of any negligence, carelessness, and/or reckless conduct on the part of answering defendants are specifically denied. 12. Denied. Any and all averments of negligence on the part of answering defendants are specifically denied. As to the remaining averments of paragraph 12 regarding plaintiffs' alleged injuries and/or damages, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are accordingly denied. Strict proof thereof is demanded. 3 COUNTI 13. Answering defendants hereby incorporate by reference the answers set forth in paragraphs 1 through 12 inclusive as though fully set forth at length herein. 14(a-i). Denied. Answering defendants specifically deny any and all allegations of negligence and/or carelessness. Strict proof thereof is demanded. 15-21. Denied. Any and all averments of any negligence, carelessness, and/or reckless conduct on the part of answering defendants are specifically denied. As to the remaining averments of paragraphs 15 through 21 inclusive regarding plaintiff's alleged injuries and/or damages, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are accordingly denied. Strict proof thereof is demanded. WHEREFORE, defendants Landstar Ranger, Inc. and Scott Fetterolf respectfully request that this Honorable Court grant judgment in their favor and against the plaintiffs. COUNT II 22. Answering defendants hereby incorporate by reference the answers set forth in paragraphs 1 through 22 inclusive as though fully set forth at length herein. 23. Denied as a conclusion of law to which no response is required. If, and to the extent that, any such responsive pleading is required, said averments are denied. Defendant Scott Fetterolf was not an agent, servant or employee of Landstar Ranger, Inc. To the contrary, defendant Fetterolf was an independent owner operator who owned the tractor involved in the subject accident. Strict proof thereof is demanded. 4 24. Denied. It is specifically denied that defendant Fetterolf was an agent, servant or employee of Landstar Ranger, Inc. Any and all averments of any negligence, carelessness, and/or reckless conduct on the part of answering defendants are specifically denied. Strict proof thereof is demanded. 25. Denied. Any and all averments of any negligence, carelessness, and/or reckless conduct on the part of answering defendants are specifically denied. The remaining averments of paragraph 25 are conclusions of law to which no response is required. If, and to the extent that, any such responsive pleading is required, said averments are denied. Strict proof thereof is demanded. 26-32. Denied. Any and all averments of any negligence, carelessness, and/or reckless conduct on the part of answering defendants are specifically denied. As to the remaining averments of paragraphs 26 through 32 inclusive regarding plaintiff's alleged injuries and/or damages, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are accordingly denied. Strict proof thereof is demanded. WHEREFORE, defendants Landstar Ranger, Inc. and Scott Fetterolf respectfully request that this Honorable Court grant judgment in their favor and against the plaintiffs. COUNT III 33. Answering defendants hereby incorporate by reference the answers set forth in paragraphs 1 through 32 inclusive as though fully set forth at length herein. 34-35. Denied. Any and all averments of negligence on the part of answering defendants are specifically denied. As to the remaining averments of paragraphs 34 and 35 inclusive 5 regarding plaintiff's alleged injuries and/or damages, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are accordingly denied. Strict proof thereof is demanded. WHEREFORE, defendants Landstar Ranger, Inc. and Scott Fetterolf respectfully request that this Honorable Court grant judgment in their favor and against the plaintiffs. MUNT IV 36. Answering defendants hereby incorporate by reference the answers set forth in paragraphs 1 through 35 inclusive as though fully set forth at length herein. 37-38. Denied. It is specifically denied that defendant Fetterolf was an agent, servant or employee of Landstar Ranger, Inc. Any and all averments of negligence on the part of answering defendants are also specifically denied. As to the remaining averments of paragraphs 34 and 35 inclusive regarding plaintiff's alleged injuries and/or damages, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and the same are accordingly denied. Strict proof thereof is demanded. WHEREFORE, defendants Landstar Ranger, Inc. and Scott Fetterolf respectfully request that this Honorable Court grant judgment in their favor and against the plaintiffs. NEW MATTER 39. Answering defendants hereby incorporate by reference the answers set forth in paragraphs 1 through 38 inclusive as though fully set forth at length herein. 40. Plaintiffs' Amended Complaint fails to state a claim or cause of action upon which relief can be granted. 6 41. Plaintiffs' alleged claims are barred or are substantially reduced by the doctrines of contributory negligence and comparative negligence. 42. Plaintiffs' alleged claims are barred by plaintiffs' assumption of the risk. 43. If the plaintiffs herein suffered injuries and/or damages as alleged, which averments are denied, then such injuries and/or damages were caused by the negligence and carelessness of others, and not that of answering defendants. 44. The accident or incident as alleged in plaintiffs' Amended Complaint was not the result of any negligent or careless act and/or omission on the part of answering defendants. 45. Upon information and belief, plaintiffs have failed to mitigate their alleged injuries and/or damages. 46. Answering defendants neither caused nor contributed to the alleged accident and/or any of plaintiffs' alleged injuries and/or damages. 47. Plaintiffs' alleged claims are barred by the applicable Pennsylvania statute of limitations. 48. Plaintiffs' alleged claims are barred and/or limited by the pertinent provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, defendants Landstar Ranger, Inc. and Scott Fetterolf respectfully request that this Honorable Court grant judgment in their favor and against the plaintiffs. Respectfully submitted, GERMAN, GALLAGHER & MURTAGH . By a--- ?J, Robert P. Corbin, Esquire Supreme Court ID Nos. PA 17897 The Bellevue, Fifth Floor 200 S. Broad Street 7 Philadelphia, PA 19102 Telephone: (215) 545-7700 Facsimile: (215) 732-4182 Email: corbinr@ggmfirm.com Attorney for Defendants Scott Fetterolf and Landstar Ranger, Inc. VERIFICATION The undersigned verifies that he is the Vice President of Liability Claims and is authorized to sign on behalf of the Defendant Landstar Ranger, Inc. in the within action; that he is familiar with the facts set forth in the foregoing Answer with New Matter to Plaintiffs' Amended Complaint; and that same are true and correct to the best of his knowledge, inforniation and belief; and that he makes this statement subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. r- t'q William C. Burns CERTIFICATE OF SERVICE Robert P. Corbin, hereby certifies that he is the attorney for defendant in the within matter and that on l Z' %e served a copy of the within Answer with New Matter to Plaintiffs' Amended Complaint via regular first class mail, postage prepaid and addressed as follows: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Robert P. Corbin Date: G/ f 1. FILED-OFFICE ? F THE PRGTH0.10TAR`f 2011 APR -5 PM 12, "Gl CUMBERLAND COUNTY PENNSYLVANIA Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby@hhdaw.com JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 4819 Civil Term CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW, come the Plaintiffs, Joseph R. Cramer and Jodi Cramer, his wife, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and reply to Defendants' New Matter as follows: 39. Paragraph 39 is a paragraph of incorporation and, therefore, no response is required. 40. Denied. The allegations in Paragraph 40 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. -1- 41. Denied. The allegations in Paragraph 41 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 42. Denied. The allegations in Paragraph 42 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 43. Denied. The allegations in Paragraph 43 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 44. Denied. The allegations in Paragraph 44 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 45. Denied. The allegations in Paragraph 45 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 46. The allegations in Paragraph 46 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 46 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 47. Denied. The allegations in Paragraph 47 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. -2- 48. Denied. The allegations in Paragraph 48 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court deny Defendants' allegations and enter judgment in favor of the Plaintiffs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By Matthew S. Crosb Esq. Attorney I.D. #69367 DATE: 64? o Attorneys for Plaintiffs -3- Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants NO. 2010 - 4819 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants by sending a copy of the same to their counsel of record, Robert P. Corbin, Esq., GERMAN, GALLAGHER & MURTAGH, 200 S. Broad Street Philadelphia, PA 19102-3814 by United States Mail, regular service, in Harrisburg, Pennsylvania on April A`, 2011. R,,.1ENNING?& ROSENBERG, LLP By Matthew S. osby, Esq. Attorney I.D. #69367 DATE: Attorneys for Plaintiffs '4 '? il .- - -oft HANDLER, HENNING, & ROSENBERG, LLP Matthew S. Crosby (69367) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.23 8.2000 Fax: 717.233.3029 E-mail: crosbykhhrlaw.com Attorneys for Plaintiffs FT E-4-3 - ,pr ? 1- t 2 ? E JUN -2 CJMBERLAN;D u r'ENNSYLVr 4;r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CRAMER and JODI CRAMER, his wife, Plaintiffs, CIVIL ACTION - LAW V. NO.: 2010-4819 Civil Term SCOTT L. FETTEROLF and LANDSTAR RANGER, INC. Defendants. PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND DOCUMENT REOUESTS In response to Defendants' Discovery Motion, Plaintiffs respectfully aver as follows: Plaintiffs, Joseph Cramer and Jodi Cramer, instituted this action against Defendants, Scott Fetterolf and Landstar Ranger, Inc., by way of a Writ of Summons filed on July 22, 2010. A Complaint was filed on December 10, 2010. 2. Defendants' counsel forwarded Interrogatories and Requests for Production of Documents to Plaintiffs' counsel, Matthew S. Crosby, Esq., on January 13, 2011. 3. Plaintiffs' counsel received said discovery from Defendants on January 24, 2011, and forwarded the same to Plaintiffs on January 25, 2011. 4. Plaintiffs' counsel encountered difficulties when attempting to contact Plaintiffs with regard to the outstanding discovery. 5. Plaintiffs' counsel made numerous attempts to contact Plaintiffs only to find that Plaintiffs had since moved to the State of Indiana. 6. Defendants filed a Motion to Compel Discovery on May 13, 2011. 7. On or about May 17, 2011, the Honorable Judge Masland issued a Rule to Show Cause why Defendants' Motion to Compel should not be granted. 8. After repeated phone calls and letters from Plaintiffs' counsel, Plaintiffs forwarded their handwritten responses to discovery on May 16, 2011. 9. Plaintiffs' counsel has since worked diligently to prepare formal responses in conformity with the Pennsylvania Rules of Civil Procedure. 10. Plaintiffs' counsel has submitted the outstanding discovery responses to Defendants' counsel by United States first-class mail on May 31, 2011. WHEREFORE, Plaintiffs submit that Defendants' Motion is now moot, in light of the fact that formal discovery responses have now been provided to Defendants. Respectfully HENNING & Dated: June 2011 By: Matthew S. CrosbY" Attorneys for Plaintiffs, Joseph Cramer and Jodi Cramer 2 t 4 Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby@hhriaw.com Attorneys for Plaintiffs JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 4819 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the following: Robert P. Corbin, Esq. German, Gallagher & Murtagh 200 South Broad Street Philadelphia, PA 19102 (counsel for Defendants) by United States mail in Harrisburg, Pennsylvania on June L 2011. f HALER, HENNIN & ROSENBERG, LLP By Matthew S. Crosby, Esq. DATE: W l ll Attorneys for Plaintiffs C11) C -v 3 M (z :2w m xm cn r- ..{ ca ra c._ rv Matthew S. Crosby, Esq. I.D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: crosbvahhrlaw.com JOSEPH CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, Plaintiffs V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 4819 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 5\ day of Mi(? f , 2011, I hereby certify that I have, on this date, served the within Plaintiffs' Answers to Defendants' Interrogatories, Loss of Consortium Interrogatories, and Document Requests, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Robert P. Corbin, Esq. GERMAN, GALLAGHER & MURTAGH 200 S. Broad Street Philadelphia, PA 19102-3814 sn -n ?r M c) c? _ ri Respectfully submitted, HANDLER, IJENNING * ROSENBERG, LLP Date: 5 3 \ I, ?. By: Matthew S. Croslyy, Esq. Attorney ID No. 69367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs JOSEPH R. CRAMER AND JODI CRAMER, PLAINTIFFS V. LANDSTAR RANGER, INC. AND SCOTT FETTERHOLF, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c c ; r r? Co 10-4819 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2011, upon review of plaintiffs' response to defendants' motion to compel answers to interrogatories and document requests, wherein plaintiffs' counsel relates that the outstanding responses were submitted to defendants' counsel on May 31, 2011, defendants' motion to compel is DISMISSED as moot. Should defendants determine that plaintiffs' responses are insufficient or non-responsive, defendants may file a supplemental motion to compel. By the Court, Albert H. Masland, J. `Matthew S. Crosby, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For Plaintiffs ? Miles P. Dumack, Esquire The Bellevue, Fifth Floor 200 S. Broad Street Philadelphia, PA 19102 For Defendants copies mailed qj/11 0 saa GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR 200 S. BROAD STREET PHILADELPHIA, PA 19102 (215) 545-7700 Attorneys for Defendants, C7 r ; Landstar Ranger, Inc. m ,. F,;--, And Scott L. Fetterolf ' 2! ?r JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2010-4819 Civil Term V. SCOTT L. FETTEROLF and LANDSTAR RANGER, INC. Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL DEPOSITION OF PLAINTIFFS JOSEPH R. CRAMER AND JODI CRAMER, H/W And now, come defendants Scott Fetterolf and Landstar Renger, Inc., by and through their attorneys, German, Gallagher & Murtagh, respectfully pray that this Honorable Court enter an Order compelling Plaintiffs Joseph and Jodi Cramer, h/w, to appear for deposition, or failing to do so, suffer sanctions. In support: thereof, defendants allege as follows: This action was instituted on December 10, 2010 as a result of injuries plaintiff allegedly suffered on July 28, 2008. 2. Counsel for defendants forwarded a Notice of Deposition to counsel for plaintiffs on June 27, 2011, scheduling plaintiffs' deposition for Thursday, August 4, 2011. See a true and correct copy of defendant's correspondence and Notice of Deposition dated June 27, 2011 attached hereto and marked as Exhibit "A". Counsel for defendants were informed by facsimile dated July 27, 2011 that plaintiffs depositions were cancelled. See a true and correct copy of plaintiffs' counsel's correspondence dated July 27, 2011 attached hereto and marked as Exhibit "B". 4. To date, plaintiffs have not submitted to a deposition in this matter despite being properly noticed, nor have plaintiffs sought a protective order. The subject discovery requests seek information which is necessary to the defense of this action, and defendants are being severely prejudiced by plaintiffs' failure to submit to a deposition in this matter, despite being properly noticed for same. WHEREFORE, Defendants respectfully request that this Honorable Court grant an Order compelling plaintiffs to submit to a deposition within ten (10) days of the date of this Court's Order or suffer sanctions upon further application to the Court. Respectfully submitted, GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquir Miles P. Dumack, Esquire Supreme Court ID Nos. PA 17897/PA 202278 The Bellevue, Fifth Floor 200 S. Broad Street Philadelphia, PA 19102 Telephone: (215) 545-7700 Facsimile: (215) 732-4182 Email: corbinr a7,ggmfirm.com dumackm(a) ggmfirm. co rn Attorneys for Defendants Landstar Ranger, Inc. And Scott Fetterolf 2 GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR 200 S. BROAD STREET PHILADELPHIA, PA 19102 (215) 545-7700 JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs, Attorneys for Defendants, Landstar Ranger, Inc. And Scott L. Fetterolf COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2010-4819 Civil Term V. SCOTT L. FETTEROLF and LANDSTAR RANGER, INC. Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL DEPOSITION OF PLAINTIFFS JOSEPH R. CRAMER AND JODI CRAMER, H/W And now, come defendant USF Holland, Inc., by and through their attorneys, German, Gallagher & Murtagh, and provide its Memorandum of Law in support of their Motion to Compel Plaintiffs to appear for deposition, or failing to do so, suffer sanctions. In support thereof, defendants allege as follows 1. INTRODUCTION This action was instituted on December 10, 2010 as a result of injuries plaintiff allegedly suffered on July 28, 2008. II. MOTION TO COMPEL PLAINTIFFS' DEPOSITIONS Counsel for defendants forwarded a Notice of Deposition to counsel for plaintiffs on June 27, 2011, scheduling plaintiffs' deposition for Thursday, August 4, 2011. See a true and correct copy of defendant's correspondence and Notice of Deposition dated June 27, 2011 attached hereto and marked as Exhibit "A". Counsel for defendants were informed by facsimile dated July 27, 2011 that plaintiffs depositions were cancelled. See a true and correct copy of plaintiffs' counsel's correspondence dated July 27, 2011 attached hereto and marked as Exhibit "B". To date, plaintiffs have not submitted to a deposition in this matter despite being properly noticed, nor have plaintiffs sought a protective order. The subject discovery requests seek information which is necessary to the defense of this action, and defendants are being severely prejudiced by plaintiffs' failure to submit to a deposition in this matter, despite being properly noticed for same. III. CONCLUSION Defendants respectfully request that this Honorable Court grant an Order compelling Plaintiffs to appear for deposition, or failing to do so, suffer sanctions upon further application to the Court. Respectfully submitted, GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esqulrg- Miles P. Dumack, Esquire Supreme Court ID Nos. PA 17897/PA 202278 The Bellevue, Fifth Floor 200 S. Broad Street Philadelphia, PA 19102 Telephone: (215) 545-7700 Facsimile: (215) 732-4182 Email: corbinrk2ginf rm.com dumackmnggmfirm.com Attorneys for Defendants Landstar Ranger, Inc. And Scott Fetterolf 2 GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR 200 S. BROAD STREET PHILADELPHIA, PA 19102 (215) 545-7700 Attorneys for Defendants, Landstar Ranger, Inc. And Scott L. Fetterolf JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs, V. SCOTT L. FETTEROLF and LANDSTAR RANGER, INC. Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2010-4819 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the Defendants' Motion to Compel Plaintiffs' Depositions was served via regular mail on July 27, 2011, upon counsel of record below: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 GERMAN, GALLAGHER & MURTAGH BY: , ?M1 Robert P. Corbin 4 f DEAN F. MURTAGH ROBERT P. CORBIN GARY R. GREMMINGER+ JOHN P. SHUSTED + WILLIAM C. STUBITS WILLIAM D'ANNUNZIO' CHRISTINA J. WESTALL CAROLE A. DONAHUE + MARNI J. STAHL " KEVIN J. DOYLE + MICHAEL. J. DOLAN + TIFFANY' J. GIANGIULIO " GERMAN, GALLAGHER & MURTAGH A Professional Corporation Attorneys at Law PHILIP A. RYAN + KATHRYN A. DUX KIM R. PLOUFFE GARY H. HUNTER JEFFREY D. LAUDENBACH + KIMBERLY K. WINDISH *Y STACY A. TEES YANA N. SHAPIRO + CHILTON G. GOEBEL, III AUDREY ZIADAT + MILES P. DUMACK AMISH A. DESAI + THE BELLEVUE - SUITE 500 EDWARD C. GERMAN 200 S. BROAD STREET 1922 -2009 PHILADELPHIA, PA 19102-3814 -- MICHAEL D. GALLAGHER 1949 - 1999 TELEPHONE (215) 545-7700 -- FAX (215) 732-4182 Email: dumackm@.ggmfirm.com NEW JERSEY OFFICE BLASON IV - SUITE 208 513 S. LENOLA ROAD MOORESTOWN NJ 08057 Direct Dial No No. , (215) 875-4024 TELEPHONE (856) 235-8022 FAX (856) 235-4332 . -1- MEMBER NJ - I ALSO MEMBER NN/Fl. BAli MARK W. CATANZARO " KATHLEEN DAILY MOCK OF COUNSEL. Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Re: Joseph R. Cramer and Jodi Cramer, h/w v. Scott L. Fetterolf and Landstar Ranger, Inc., CCP Cumberland County, PA 2010-4819 Dear Mr. Crosby: As confirmed with your office, enclosed please find a deposition notice for plaintiffs in the above matter. My office will provide the court reporter. Please feel free to contact me with any questions or concerns you may have. Very truly yours, GERMAN, GALLAGHER & RTAGH PY BY: Miles P. Dumack Enclosure MPD/ag EXHIBIT n June 27, 2011 ALFA INTERNATIONAL TH F G1DBAI. LrGAL NF- ()RK GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR 200 S. BROAD STREET PHILADELPHIA, PA 19102 (215) 545-7700 JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs, Attorneys for Defendants, Landstar Ranger, Inc. And Scott L. Fetterolf COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2010-4819 Civil Term V. SCOTT L. FETTEROLF and LANDSTAR RANGER, INC. Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Matthew S. Crosby, Esquire Please take notice that defendants will take the oral deposition of plaintiffs Joseph R. Cramer and Jodi Cramer commencing on Thursday, August 4`h, 2011 at 12:00 p.m. at Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Harrisburg, PA 17110. This deposition is pursuant to the Pennsylvania Rules of Civil Procedure, before a notary public or some other officer authorized to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in the oral examination. GERMAN, GALLAGHER & MURTAGH V Py BY: Robert P. Corbin Miles P. Dumack Attorneys for defendants Date: June 27, 2011 T1 -T'--27_(?' ' 2 ^"' HHF LAW FAX N0, 717 233 3029 P. 01/01 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 (717) 233-3029 (Fax) TO FROM. Our Client: Your Client FAX COVER July 27, 2011 MILES DUMAC, Esq, Robert FAX: (215) 732-4182 P. Corbin, Esq. Nicole L. Young PAGES nicolef@hhrlaw.com Case Manager for Matthew S. Crosby, Esq. Joseph R Cramer Case No. 0 plus this cover sheet Scott Fetterolf COMMENTS: This fax will confirm cancellation of 8/4/11 depositions case (Cramer v, Fetterolf) due to Mr. Cramer being in his probationary period at his new place of employment. Our office will contact you to reschedule depositions, IF THIS COMMUNICATION HAS BEEN RECEIVED IN RROR, PLEASE NOTIFY US IMMEDIAT INFORMATION CONTAINED IN THIS FAX MESSAGE: THE IS TRANSMITTED BYAN ATTORNEY OR AGENT, FOR THE SOLE USE OF THE INDIVIDUAL(S) OR ENTITY(IES) TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND NON-DISCLOSEAHER UNDER APPLICABLE LAW, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, EAGLE PLEASE BE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. EXHIBIT ET, #2"13715 CERTIFICATE PREREQUISITE TO SERVICE OF A Si*- CGG'??TY 1'`NI SYLVANIA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. Court of Common Pleas - Cumberland County, PA TERM: / / CASE No: 2010-4819 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of MILES DUMACK Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The, subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 07/27/2011 } RecordTrak on behalf of /S/ MILES DUMACK Attorney for Defendant RT#: 223741 RECORDS PERTAIN TO: JOSEPH R. CRAMER JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 2010-4819 NOVICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: MATTHEW S. CROSBY HANDLER, HENNINjG & ROSENBERG 1300 LINGLESTOWN ROAD HARRISBURG, PA 17110 July 7, 2011 Please take notice that on behalf of MILES D UMACK, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this nonce. You have until July 27, 2011 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL, AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME', TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY July 27, 2011 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECOkDTRAX 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN I !MATERIALS BEING OBTAINED CENTRAL VANIA ITATION SERVICES 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. 2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS 2ECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN iTORAGE.************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. **************3. ALL X-RAYS, MRI >CANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE PHE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. 'LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES )F STUDY PRIOR TO COPYING.** JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 2010-4819 2 HOLY SPIRIT HOSPITAL 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. PLEASE BE SURE TO (MED) INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. *******PLEASE SIGN THE ATTACHED CERTIFICATION PAGE AND RETURN WITH THE RECORDS********* 3 HOLY SPIRIT" HOSPITAL 1. ALL X-RAYS, MRI SCANS, CT SCANS. **PLEASE INCLUDE THE RAD) FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES F STUDY PRIOR TO COPYING.** 4 HOLY SPIRIT HOSPITAL 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL (BILL) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT [RECORDS IN YOUR POSSESSION. 5 DR. SCOTT MUELLER 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION.2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. **************3. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE 17HE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES F STUDY PRIOR TO COPYING.** 5 PAIN MEDICINE OF YORK 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL (LAUCKS) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. 2. ALL MEDICAL RECORDS IN YOUR OSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. **************3. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE ITIE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES F STUDY PRIOR TO COPYING.****INCLUDING BUT NOT LIMITED TO CORDS FROM DR. STEPHEN O. LAIJCKS** Page 2 JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 2010-4819 7 PINNACLE 14EALTH 1. ALL BILLING RECORDS IN YOUR POSSESSION INCLUDING ALL HOME CARE , STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS , ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT IRECORDS IN YOUR POSSESSION. 2. ALL MEDICAL RECORDS IN YOUR OSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST SULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS CEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE ATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. **************3. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE HE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES F STUDY PRIOR TO COPYING. 8 MORGANSTEIN DE 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND ALCIS REHAB HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE , UESTIONNAIRESMISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. **************2. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * 9 RED CEDAR FAMILY 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND PRACTICE AND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, UESTIONNAIRESMISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE ? RECORDS.************** 10 FAMILY PHYSICIAN 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND ASSOCIATES AND WRITTEN NOTES, TEST RESULTS CORRESPONDENCE ( DUNKELBERGER , , QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS. * * * * * * * * * * * * * * * *INCLUDING BUT NOT LIMITED TO RECORDS FROM DR JEFFREY DUNKELBERGER* * Yes, I would like a ?opy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: Page 3 JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 2010-4819 FIRM: --------------------------------------------------------------------------------------------------------- YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiffs Counsel: FIRM: EMAIL: Date: Page 4 T0: CENTRAL PENNSYLVANIA REHABILITATION SERVICES 75 EVELYN DRIVE MILLERSBURG. PA 17061 "CORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Joseph R. Cramer V LandstOr Ranger, et al Fife No. 2014-4819 at Reno Trak 1 1 --- --- P 13 x 61 1 Ina of 'A 19406. You may d Ivor or mail legible copies of the documents or produce things requested by this subpoena, together with the certNkato of compliance, to the above. You may ha a the right to seek In advance the reasonable cO r of ppa this rig rtg sat at the address half o things sought. apples or producing t ?e 1 If you fall to produce the documents or things required by this subpoena within twenty (20) days a; ter 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: Record7rak I MiEes Dum Address: 651 AHUAnn Telephone: - j-76_X Supreme Court IDS Attorney for.. Dsf dant BY THE COURT: DATE: _?- hCjo? Seel o - urt Within twenty (20) days after swke of this subpoena,, you are ordered by the Court to produce th i following docume is or things: RE: JOSEPH RAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 20 0-4819 RECORDTRAK FILE #: 223741; TAG 1 LOCATION: CENTRAL PENNSYLVANIA REHABILITATION SERVICES RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 0511511983 1. ALL BILLING} RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUET AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. 2 ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRE/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. **************3. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; C OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY O ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. T0: HOLY SPIRIT HOSPITAL (MED) REcoRL) TRAK 503 N. 21ST STREET 651 Allendale Road CAMP HILL, PA 17011 P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND J08e0h R. Cramer a V : File No. 2010.4819 Lands?r Ranger, et al C- (20) days after service of this subpoena, you are ordered by the court to produce th I or things: You may d Ivor or mail legible copies of the documents or produce things requested by this subpoena, togethe with the certificate of compliance, to the above. You may a the right to seek to advance the reasonable preparing ng requsocopat the ies o adrodu lie f I things sough, R g e if you fail to produce the documents or brings required by this subpoena wither twenty (20) days a !der 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: ftq-o Trak AlOum_ad ,-Est Address:6 AI 1 ,? ? PA 1 Telephone. 8 -78 Supreme Court Ina BY THE COURT: Attorney for. Defer daZ00PttWa8rrYy11Cr.16wr*k, rt Cevil Divesian DATE: ____ - l I? Seel of the court ........... A .. vaf ?-Tt`1'i.Tw'h vans VIN ?rPU.?lrl'.v?gn aw?v.-r-,•..??-......?_...-.._._..- RE: JOSEPH C,,RAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 200-4819 RECORDTRAK FILE #: 223741; TAG 2 LOCATION: HOLY SPIRIT HOSPITAL (MED) RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. *******PLEASE SIGN THE ATTACHED CERTIFICATION PAGE AND RETURN WITH THE RECORDS******* ** TO' HOLY SPIRIT HOSPITAL (RAD) 503 N. 21ST STREET CAMP HILL, PA 17011 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND J08e0h R. Cramer v Y 1 File No, 2010-4819 Landst#r Ranger, et a1 TO: Within following loci at I.-I aayu affer service of this subpoena, you are ordered by the Court to produce th p or things: You may de Ivor or mail legible copies of thv documents or pro uce rvquvsMed by this ma - subpoena, together with the certificalte of compile d things ncv, the above. You may ha to the right to seen In advance the reason bps; cost kithis request at the address lists f things sought. preparing copies or producing it e If you fat, #o ucv the documents or things rvgtdrvd by this subpoena within twenty 20 d Its service, the party ing this subpoena ma seek a ays f or Y court order compeAing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOMG PERSON; Name: Re r T PM ' m.?.?q., Address: 51 it PO fox 1591 Ki of ` PA 19406 Telephone: 8 0.7 p Supreme Court ID9 BY E CO RT: Attorney for. Dee nt 2 DATE: - ~ o Sew of -Court civil Divislo" RE: JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 20 0-4819 RECORDTRAk FILE #: 223741; TAG 3 LOCATION: HOLY SPIRIT HOSPITAL (RAD) RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL X-RAYS, MRI SCANS, CT SCANS. "PLEASE INCLUDE THE FORMAT FOR THE COPS; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. T0: HOLY SPIRIT HOSPITAL (BILL) 503 N. 21ST STREET CAMP HILL, PA 17011 "CORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Josepli R. Cramer v File No. 2090-4899 Landstat{ Ranger, at al R To. 1 Within following docl uman wf rwm or Entity; ••?- (20) days after service of this subpoena, you are ordered by the Court to produce thi, or things; at You may del! r or mat) legible copies of the documents or prologs things requested by this subpoena, together the cerrtiflcate ofnp?tai4ce, to the above. You may hav the right to seek in advance the reasonable coMaking this st Of 13 epa1in?? at copies p du the produs cing t t 1, things sought. ?s e If you fall to duce the documents or things required b this su its service, the by ti poena within twenty (20) days a rr ply serving this subpoena may seek a court order compelling lling you to ,comply wfth It, THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: R" r k ?jvR k Es ? Address: 651 Allen fa Reace. Telephone; Supreme Court ID# Attorney for: Defer DATE: r " Seal of. .Court BY THE COURT: ro na krryv11cCj1erk--,-C-M1 DIv RE: JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 200-4819 RECORDTRA? FILE #: 223741; TAG 4 LOCATION: 14OLY SPIRIT HOSPITAL (BILL) RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL BILLINRECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, YMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. To: DR. SCOTT MUELLER 2025 TECHNOLOGY PARKWAY #207 MECHANICSBURG. PA 17050 "CORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ' Joseph R. Cramer Y Y V File No. 2010-4819 Landstar Ranger, et al 70: ? ?n . 11?? tw or rerson or Entity} Within twen (la) days after service of this subpoena, you are ordered by the Court to produce trig j following document or things: at RecadTrak. 951 andslla 9A You may deli er or mail legible copy of the documents or produce things requested by this subpoena, together the certificate of compliance, to the party making this request at the address list(c above. You may hav the right to seek in advance the reasonable cost of preparing copies or producing 11.) things sought. If You fail top uce the documents or things required by this subpoena within twenty (20) days a ft (r Its service, the party ruing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA ?AS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: MR AddresP x 1 P PA 194(16 Telephone: B M01 7 p BY THE COURT; Supreme Court IDp Attorney for: Defendant .-.? _ o?lasylC , Civil Division _ DATE: /- c Seal of RE: JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 20 0-4819 RECORDTRA? FILE #: 223741; TAG 5 LOCATION: OR. SCOTT MUELLER RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS ACCOUNT SUMMARIES, P , AYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF BALANCE DUE , AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION.2. L MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE QUESTIONNAIRE , S/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS PLEASE ALSO I . \TCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE L ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH rI1E RECORDS. **************3. ALL X-RAYS, MRI SCANS, CT SCANS AND C SPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; C OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY O ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. To: PAIN MEDICINE OF YORK (LAUCKS) 2080 SPRINGWOOD RD YORK, PA 17403 "cop-DTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Josep R. Cramer Landster, Ranger, et al Fite No. 2010-481 g r ¦ TO: r Within twenty (20) days sitar service of this subpoena, you are orderled by {?' following documents r things; the Court to produce th+I at R 1 ! d Rd 6'1591 I ! P PA 9 g, You may dells or mail '90"" copks of the documents or subpoena, together wt h the certiifaafie of compliance, to the produce things requested by this above, you may have 'he right to seek In advance the reasonable making this request at the address Ilste # things sought. Cost of preparing copies or producing tl ie 9 you fail to produce the documents or things required th its service, e pa $e In this #Y is subpoena within twenty (20) da al ter th g subpoena may seek a court Order Compelling you t ? THIS SUBPOENA W?S ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: lie or k Mi s Address: $ t Ai l R PQ x 61 1 i of Pr is PA 19gOlx Telephone: 8 1-7 Supreme Court IN BY THE COURT: Attomey for: Defendal ro no ary/Clerk, Civil Division DATE: r Sean of the ° ourt RE: JOSEPH CRAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 20 0-4819 RECORDTRAY, FILE #: 223741; TAG 6 LOCATION: PAIN MEDICINE OF YORK (LAUCKS) RECORDS PE?TAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL BILLINGI RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMIVfARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. 2 ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE L ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITHTHE RECORDS. **************3. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; C OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY O ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.**"INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. STEPHEN O. LAUCKS * * T0: PINNACLE HEALTH HOME CARE 409 SOUTH 2ND STREET SUITE 2-F HARRISBURG. PA 17104 "cop,DTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Josep? R. Cramer 1 r ¦ File No. 2010-4819 I Landsta; Ranger! st al TO. Within two following documen at RecordTrsrr_ RAI i Per>iort or (20) days after service of this subpoena, you aro ordered by the Court to produce th or things: You may dell er or Mali 1891ble copies of the subpoena documents or produce thin , together ith the certlf to of compliance, to the 9s r*Wested by this i above. You may hav the right to seek In advance rty making things the reasonable cost this request at the address Iistt c sought preparing copies or producing t I I H you fall to duce the documents or things required by this sub its savice, the party rvlr?g this subpoena may seek a court ardor compelling ono within twenty (20) days s Pt:r THIS SUBPOENA ?AS ISSUED AT THE you to comply with it REQUEST OF THE FOLLOMN03 PERSON: Name: R k i m Address: 1 I d le pp x A 1 1 IQ of Pr i PA 19446 Telephone: 8 1 7624 Supreme Court Ip BY THE COURT: Attorney for; Defer: ----.?`- Pr otary/Clerlt, Civil Division "- DATE: ?'. / Seal of court RE: JOSEPH RAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 20 0-4819 RECORD FILE #: 223741; TAG 7 LOCATION: PINNACLE HEALTH HOME CARE RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS ACCOUNT SUMMARIES, P , AYMENTS, TOTAL CHARGES ALL AMOUNTS WRITTEN OFF BALANCED , , AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. 2 . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND H AND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE QUESTIONNAI , RES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS PLEASE ALSO I . NCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE L ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. **************3, ALL X-RAYS, MRI SCANS CT SCANS AND C , RRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; C OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY O ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * TO' MORGANSTEIN DE FALCIS REHAB 1850 NORMANDIE DRIVE YORK, PA 17404 RECORDTRAK 651 Allendale Road P. 0. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Joseph R. Cramer . V File No. 2o104819 Landstai Ranger, et of PURSUANT TO RULE 4Q0? 22 at You may del r or mail 19911)10 copies of the documents or produce things requested by this subpoena, together fth the certificate, of compliance, to the above. You may hav the right to seek in advance the realsoble cost of this request at s the o address !l things sought. preparing copies or producing g I hi , it you tall to p duce the documents or things rewired by this subpoena within twenty (20) days a ft jr Its service, the party ruing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Noma: Re ! urnack. ';so. , Address: 651 Allend w 5d On an'w 04 ?n.r Telephone: QU,BU Supreme Court ID# Attorney for: Defer DATE:" --? BY THE COURT: P notarylClerk, Chril Division _ _ Within twemt (20) days after service of this subpoena, you are Ordered by the Court to produce th a following docum or things: RE: JOSEPH RAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 20 0-4819 RECORD FILE #: 223741; TAG 8 LOCATION: MORGANSTEIN DE FALCIS REHAB RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL MEDIC RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRI'T'TEN NO S, TEST RESULTS, CORRESPONDENCE, QUESTIONNAI RES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS PLEASE ALSO I . NCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE L ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS. * * * * * * * * * * * * * *2. ALL X-RAYS, MRI SCANS CT SCANS AND CO , RRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; C OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY O ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. To: RED CEDAR FAMILY PRACTICE To: 689 YORKTOWN RD LEWISBERRY, PA 17339 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND iosep? R. Cramer E File No. 2010.4819 LandstOir Ranger, et al • TO: r f v V ? {Nwm of Peru or En" within two ty (20) days after service of this subpoena, you are ordered by the Court to produce th 3 following doe, or things: at R r k !1 0 1 Koff PA -` You may d Ivor or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the pa maki this r6uest above. You may have the right to seek in advance the reasonable cost off ep ring co at the address li3t : d things sought. pr 9 (ales or producing ; le If you fait to uce the documents or things required b this sub prod its service, the partyrving this subpoena ? by poem within twenty {20y days ; l? ter may seek a court order compelling you to comply with it, THIS SUBPOENA WAS ISSUED AT THE BEQUEST OF THE FOLLOWING PERSON: Name: IRT Affil Ck Es ._ Addresle Rd, PO Box 61591 ss fa. E_ A 1 Tele ph-7 9n BY E C0 RT: SupremAttornedent t ll DATE: Seal of ft, court Civil Divislor RE: JOSEPH RAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 20 0-4819 RECORD FILE #: 223741; TAG 9 LOCATION: RED CEDAR FAMILY PRACTICE RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL MEDIC RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONN SUSTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETTLEASE BE SURE TO INCLUDE L ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * *: k * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** To: FAMILY PHYSICIAN ASSOCIATES (DUNKELBERGER) 1900 BRIDGE ST NEW CUMBERLAND. PA 17070 "CORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Joseph R. Cramer v Landsta Ranger, et a1 Y File No. 2090-4899 Tt}: I Within two following documei at RecordTrark. PAj U , i«sme or reason or entity) or things: after service of this subpoena, you are ordered by the Court to produce th : You may del or or mall legible copies of the documents or produce things subpoena, together th the certificate of compliance, to the party making this reuR quested At the add this list ? I above. You may he the right to seek In advance the reasonable cost of things sought, Preparing copies or producing E le If you fall to Produce the documents or thtrngs required by this subpoena its service, the party serving this subpoena may seek a court orer compelling Y within twenty (20) days r.t ter you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. Name: a ra Mi e D m Address: 051 AI MM Q111 Telephone: 80t Supreme Gourt Attorney for. D DATE: 7- seal of the Court BY THE COURT: Pro o rytCierk, Ivil Division V RE: JOSEPH RAMER vs. LANDSTAR RANGER, ET AL. CASE NO. 2010-4819 RECORDTRAK FILE #: 223741; TAG 10 LOCATION: FAMILY PHYSICIAN ASSOCIATES (DUNKELBERGER) RECORDS PERTAIN TO: JOSEPH R. CRAMER SS #: 306-11-5709, DOB: 05/15/1983 1. ALL MEDIC RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOT ES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRE S/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO CLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE L ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. * * * * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH rHE RECORDS. * * * * * * * * * * * * * * * *INCLUDING BUT NOT LIMITED TO RECORDS FRO DR JEFFREY DUNKELBERGER** i JOSEPH R. CRAMER and COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY Plaintiffs, No. 2010-4819 Civil Term ' = V. 13 m r- -z CT) I 70 SCOTT L. FETTEROLF and CIVIL ACTION - LAW T co ` D LANDSTAR RANGER, INC. JURY TRIAL DEMANDED ' -? 7 -; Defendants. RULE TO SHOW CAUSE 9? AND NOW, this day of A 2011 upon consideration of the foregoing Motion to Compel Plaintiffs' Depositions, it is herby ORDERED THAT: A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested ?,7 , Counsel for defendants shall promptly serve counsel for plaintiffs with notice of entry of this order. BY: ? J' vr/l i les P. 'bumaek, Fl-?t MoAeu) s .Crosby, Si 5 I i 0Trv? i i 1^?6 ?. l i,i 1 i GERMAN, GALLAGHER & MURTAGH BY: Robert P. Corbin, Esquire Miles P. Dumack, Esquire IDENTIFICATION NOS. 17897/202278 THE BELLEVUE, FIFTH FLOOR 200 S. BROAD STREET PHILADELPHIA, PA 19102 (215) 545-7700 Attorneys for Defend?jfj,AUG 15 PH, 3: U 1t Landstar Ranger, Inc. And Scott L. Fetterolf, ! 15F.RL ND COUNTY #SYLVANIA: JOSEPH R. CRAMER and JODI CRAMER, his wife, Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2010-4819 Civil Term V. SCOTT L. FETTEROLF and LANDSTAR RANGER, INC. Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the Rule to Show Cause dated August 8, 2011 in the above matter was served via facsimile and regular mail on August 12, 2011, upon counsel of record below: Matthew S. Crosby Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 GERMAN, GALLAGHER & MURTAGH BY: _;?Zl a___, Robert P. Corbin JOSEPH R. CRAMER AND JODI CRAMER, PLAINTIFFS V. SCOTT FETTERHOLF AND LANDSTAR RANGER, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 10-4819 CIVIL TERM cORDER OF COURT AND NOW, this ` day of August, 2011, upon consideration of Defendants' motion to compel Plaintiffs' depositions and Plaintiffs' response thereto, the latter of which includes an averment that the Plaintiffs' depositions are scheduled for September 26, 2011, Defendants' motion is DENIED as moot. ?Matthew S. Crosby, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For Plaintiffs / Miles P. Dumack, Esquire The Bellevue, Fifth Floor 200 S. Broad Street Philadelphia, PA 19102 For Defendants By the Court, Albert H. Masland, J. c-t C-) C= -?, an ? 2M M- c g0 r 2 --qo m ? CnS A?/ Do 5c= o :saa 4 NMBEELAt-410 COUI'T", I-) ENgS`(LVAgif\ Matthew S. Crosby (PA 69367) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiffs Fax 717.233.3029 crosby(ahhrlaw.com JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2010 - 4819 CIVIL TERM SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAw SUGGESTION OF DEATH AND CHANGE IN CASE CAPTION To the Prothonotary: AND NOW, this ? day of f K,NL , 2012, it is suggested that the Plaintiff, Joseph R. Cramer, died on January 5, 2012, while a resident of St. Joseph County, Indiana, leaving his wife and Co-Plaintiff, Jodi Cramer, as the Administratrix of the Estate of Joseph R. Cramer. Therefore, the name of the Plaintiff is hereby changed on the caption to Jodi Cramer, in her own right, and as Administratrix of the Estate of Joseph R. Cramer, Deceased. Respectfully submitted, HANDLER-MtNNING & ROSENBERG, LLP Dated: Apr. , 2012 By: Ma S. Crosby ( A 69367) Attorneys for Plaintiffs . . h Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Crosby@hhrlaw.com Attorneys for Plaintiffs JOSEPH R. CRAMER and IN THE COURT OF COMMON PLEAS JODI CRAMER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2010 - 4819 Civil Term SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the following: Robert P. Corbin, Esq. German, Gallagher & Murtagh 200 South Broad Street Philadelphia, PA 19102 (counsel for Defendants) by United States mail in Harrisburg, Pennsylvania on April J7 2012. DATE: I I 5I'v HANDLE , HENNING & SENBERG, LLP By Matthew S. Crosby, q. Attorneys for Plaintiffs Matthew S. Crosby, Esq. I. D. # 69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: crosbyChhdaw.com JODI CRAMER, in her own right, and as Administratrix of the Estate of JOSEPH R. CRAMER, Deceased, Plaintiffs V. SCOTT L. FETTERHOLF and LANDSTAR RANGER, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV, NO. 2010 - 4819 Civil Term CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and satisfield. HAN IHNING & ROSENBERG LLP BY: MS. Crosby, Esq. Supreme Court ID No.69367 Attorneys for Plaintiffs a W,r Xlt? 9 f??.t?"?j?Fslt. ;i_i?°1SRLEt7OUN i° PENNSYLVANIA Attorneyslfor Plaintiffs DATE: ?2 Z