The URL can be used to link to this page

Home My WebLink About04-3471 BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HolbrookDuer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Michael E. Greenblatt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL E. GREENBLATT 2001 Carlton Place Lancaster, PA 17601 Plaintiff, V. TRAVIS YOUNG 511 Conodoguinet Avenue Carlisle, PA 17013 and ROADWAY EXPRESS, INC. 100 Roadway Drive Carlisle, PA 17013 Defendants No: Oq -.-AL1 11 l2i.LL r2tn JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons against the Defendants in the above matter. BYLER, GOODLEY, WINKLE, & HETRICK, P.C. Dated: July 16, 2004 By: olb ok Doer, e Attorney I.D. No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS MICHAEL E. GREENBLATT 2001 CARLTON PLACE LANCASTER, PA 17601 Plaintiff Vs. TRAVIS YOUNG 511 CONODOGUINET AVENUE CARLISLE, PA 17013 AND ROADWAY EXPRESS, INC. 100 ROADWAY DRIVE CARLISLE, PA 17013 Defendant Court of Common Pleas No. 04-3471 CIVIL TERM In CivilAction-Law To TRAVIS YOUNG AND ROADWAY EXPRESS, INC. You are hereby notified that MICHAEL E. GREENBLATT, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date JULY 19, 2004 CURTIS R. LONG Prothonotary ? BY n?s0 91 Deputy Attorney: Name: D. HOLBROOK DUER, ESQUIRE Address: 363 WEST ROSEVILLE ROAD LANCASTER, PA 17601 Attorney for: Plaintiff Telephone: 717-560-6330 Suprane Court ID No. 57324 SHERIFF'S RETURN - REGULAR CASE NO: 2004-03471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENBLATT MICHAEL E VS YOUNG TRAVIS ET AL RON HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ROADWAY EXPRESS INC the DEFENDANT , at 1200:00 HOURS, on the 21st day of July 2004 at 100 ROADWAY DRIVE CARLISLE, PA 17013 by handing to DAN REUFTLE, MANAGER AND ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me //this .3/,4* day of lI" A.L4f e2? Y A. D. Pt honotar lQl. L So Answers: ?a R. Thomas Kline 08/16/2004 BYLER GOODLEY WINKLE HETRICK By: c5-7 (Deputy Sheriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-03471 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREENBLATT MICHAEL E VS YOUNG TRAVIS ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT YOUNG TRAVIS but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT YOUNG TRAVIS 511 CONDOGUINET AVENUE CARLISLE, PA 17013 DEFT'S NEW ADDRESS IS 511 CONODOGUINET AVE., CARLISLE, PA. UNABLE TO SERVE AT NEW ADDRESS PRIOR TO EXPIRATION OF SUMMONS. Sheriff's Costs: So answers. Docketing 6.00 Service 3.70 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 19.70 BYLER GOODLEY WINKLE HETRICK 08/20/2004 Sworn and subscribed to before me this 9/,as day of Ida 1 yA .. D. Prot dnotarryy ' " Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS MICHAEL E. GREENBLATT 2001 CARLTON PLACE LANCASTER, PA 17601 Plaintiff Vs. TRAVIS YOUNG 511 CONODOGUINET AVENUE CARLISLE, PA 17013 AND ROADWAY EXPRESS, INC. 100 ROADWAY DRIVE CARLISLE, PA 17013 Defendant Court of Common Pleas No. 04-3471 CIVIL TERM In CivilAction-Law To TRAVIS YOUNG AND ROADWAY EXPRESS, INC. You are hereby notified that MICHAEL E. GREENBLATT, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date JULY 19, 2004 __$y._1(n . n , t' .?CJULGY.?? Deputy Attorney: Name: D. HOLBROOK DUER, ESQUIRE Address: 363 WEST ROSEVILLE ROAD LANCASTER, PA 17601 Attorney for: Plaintiff Telephone: 717-560-6330 Supreme Court ID No. 57324 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the s of said Cou Phis /9 Carlisle, Pa. Prothonotary ?- ,??, ?'-L?1 ?? ,-, ? c?lN3d hC ? (? t 1. ??iJ }.1 ?'. jig- BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HolbrookDuer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 IN THE COUtci k MICHAEL E. GREENBLATT 2001 Carlton Place Lancaster, PA 17601 Plaintiff, v. TRAVIS YOUNG 511 Conodoguinet Avenue Carlisle, PA 17013 and ROADWAY EXPRESS, INC. 100 Roadway Drive Carlisle, PA 17013 Defendants PLEAS OF Attorneys for Plaintiff, Micbael E. Greenblatt No: 04-3471 ,VANIA JURY TRIAL DEMANDED PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reinstate the Writ of Summons filed in the above-referenced matter. BYLER, GOODLEY, WINKLE, & HETRICK, P.C. By: olbroo Duer, Esquire .: I D No. 57324 Dated: September 30, 2004 Attorn y 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 Attorney for Plaintiff (j N f ??._ c j _L.1 R T7 O '?'? ?) I it r.; p .? i ry 1'! t C? J 1- •, .. „. ? a r, ? 'n .. ? •' ?, <q rr; s r ::a ? ti '?i lD ^4 F:\FILES\DATAFILE\Progressive7837\Cu ent\163 appearance Created: 9/20/04 0 06PM Revised 12/15/04 4:26PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Travis Young MICHAEL E. GREENBLATT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3471 CIVIL ACTION'- LAW TRAVIS YOUNG and ROADWAY EXPRESS, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Travis Young in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By . V' V "41_ ? Thomas J. Will 'amuire q Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Travis Young Dated: December 15, 2004 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date; by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: D. Holbrook Duer, Esquire BYLER, GOODLEY, WINKLE & HETRICK, P.C. 363 West Roseville Road Lancaster, PA 17601 Roadway Express, Inc. 100 Roadway Drive Carlisle, PA 17013 MARTSON DEAF.DORFF WILLIAMS & OTTO iicia D. -E-crken road Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 15, 2004 ?, ? ?.., °' S 4 t _? c..'a _r' ?? ? ? i _. LJ ? ?. 1. ?. '?i t_?'',1 .. .. ? ??? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL E. GREENBLATT _VS_ TRAVIS YOUNG AND ROADWAY EXPRESS COURT OF COMMON PLEAS TERM, CASE NO: 04-3471 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS WILLIAMS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/12/2005 MC behalf Of THOM!IAMS, ES Attorney for DEFENDANT DE11--538937 7 5 2 2 8- L 0 1 COMMONWEALTH OP P E NISI S Y LVAN 2 A COUNTY OP C UM S IE R LAN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL E. GREENBLATT TERM, -VS- CASE NO: 04-3471 TRAVIS YOUNG AND ROADWAY EXPRESS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 STATE FARM INSURANCE INSURANCE TO: D. HOLBROOK DOER, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS WILLIAMS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at. your expense by completing the attached counsel card and returning same to MC:S or by contacting our local MCS office. DATE: 12/22/2004 MCS on behalf of CC: THOMAS WILLIAMS, ESQ. - 7837.163 THOMAS WILLIAMS, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-287839 7 5 2 2 8- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL E. GREENBLATT VS. TRAVIS YOUNG AND ROADWAY EXPRESS File No. 04-3471 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for STATE FARM INSURANCE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street Suit 800. Philadelphia. PA 1910a You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS WILLIAMS, ESO. ADDRESS: 10 EAST HIGH STREET CARLISLE- PA 17013 TELEPHONE: (')15)246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 1 2 2005 Date: ?FC . C2a0?__. Seal of the Court 75228-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STATE FARM INSURANCE P.O. BOX 41 CONCORDVILLE, PA 19339 RE: 75228 MICHAEL E. GREENBLATT Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. REFERENCE /f 38KO565027 Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL E. GREENBLATT 2001 CARLTON PLACE, LANCASTER, PA 17601 Date of Loss: 07/24/2002 SU10-540178 75228-1,01 .? .. <? ?'? <> SHERIFF'S RETURN - REGULAR CASE NO: 2004-03471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENBLATT MICHAEL E VS YOUNG TRAVIS ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS YOUNG TRAVIS DEFENDANT the at 1742:00 HOURS, on the 27th day of October , 2004 at 511 CONDOGUINET AVENUE CARLISLE, PA 17013 by handing to CRIS ACKLEY, FRIEND, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this /p day of ?hrtieagw..CuAJd0 It A. D. V„ r (?? h„o?,. <P.nrs Prothonotary So Answers: R. Thomas Kline 10/28/2004 BYLER GOODLEY WINKLE HETRICK By: Deputy Sheriff was served upon BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HolbrookDuer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 COURT OF COMMON PLEAS MICHAEL E. GREENBLATT Plaintiff, V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. Defendants COUNTY, PENNSYLVANIA No: 04-3471 JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against ;you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION Attorneys for Plainfiff, Michael Greenblatt 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. Holbrook Duer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 IN THE COURT OF COMMON MICHAEL E. GREENBLATT Plaintiff, Attorneys for Plaintiff, Michael E. Greenblatt OF CUMBERLAND COUNTY, V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. Defendants COMPLAINT No: 04-3471 JURY TRIAL DEMANDED Plaintiff, Michael E. Greenblatt, is an adult individual residing at 2001 Carlton Place, Lancaster, PA 17601. 2. Defendant Travis Young is an adult individual residing at 511 Conodoguinet Avenue, Carlisle, PA 17013. Defendant Roadway Express, Inc. is a Pennsylvania Corporation with a business address of 100 Roadway Drive, Carlisle, PA 17013. 4. On July 24, 2002, Plaintiff was entering the property of Defendant Roadway when his vehicle was struck head on by a motor vehicle owned and operated by Defendant Young, causing injury to Plaintiff Michael E. Greenblatt. 5. The collision resulted solely from the negligence of Defendant Young, which consisted of one or more of the following: (a) Defendant operating the vehicle at a dangerous rate of speed under the circumstances; (b) Defendant failing to have the vehicle under proper and adequate control and in the opposing lane of travel, and/or the left side of the roadway; (c) Defendant operating the vehicle without due regard for the rights, safety and position of the Plaintiff; (d) Defendant failing to keep a proper lookout; (e) Defendant failing to give proper and sufficient warning of the approach of his vehicle; (f) Defendant operating his vehicle in violation of the provisions of Title 75 of the Pennsylvania statues in such a manner as to strike Plaintiff's vehicle head on, in the opposing lane at a high rate of speed. 6. Defendant Travis Young at all times relevant hereto was in the course and scope of his employment with Defendant Roadway Express, Inc. and by reason thereof, Defendant Roadway Express, Inc. is vicariously liable for any and all acts of negligence of Defendant Travis Young. As a direct result of the collision, the Plaintiff Michael Greenblatt sustained serious, severe and painful injuries to and about his body including but not limited to his neck, shoulders, chest and torso. & As a direct result of the collision, the Plaintiff Michael Greenblatt has suffered, and may continue to suffer, one or more of the following items of compensable damages: property damage, pain and suffering, embarrassment and humiliation, loss of enjoyment of life, past lost income, medical expenses and incidental expenses, as a result of the injuries suffered on July 24, 2002. WHEREFORE, Plaintiff Michael E. Greenblatt, demands judgment against Defendants Travis Young and Roadway Express, Inc. in an amount in excess of the compulsory arbitration limits in Cumberland County, plus interest and costs. Respectfully submitted, BYLER, GOODLEY, WINKLE & HETRICK, P.C. a By: G D. Holbrook Duer, Esquire Attorney No. 57324 Dated: July, 2005 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 Attorneys for Plaintiff 4 VERIFICATION I, D. Holbrook Duer, Esquire, hereby verify that I am the attorney for the Plaintiff, Michael Greenblatt, in the herein lawsuit, and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. This verification has been made by counsel for Plaintiff because the :matters raised are within the knowledge of Plaintiffs counsel based on information provided. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: /iIJV Holbrook Duer, Esquire CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below. Service by first class mail as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 BYLER, GOODLEY, WINKLE & HETRICK, P.C. Date: July -6-1 2005 By: D. Holbrook Duer, Esquire Atty. I.D. No. 57324 363 West Roseville Road Lancaster PA 17601 (717) 560-6330 Attorney for Plaintiff 5 C'a ? fm ?? "• 17,J s? 7 ??? 1 L, ?7 ?_ rs? MICHAEL E. GREENBLATT, Plaintiff V. TRAVIS YOUNG and ROADWAY EXPRESS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3471 PRAECIPE FOR ENTRY OF APP&kRANCE TO THE PROTHONOTARY: Please enter the appearance of Keefer Wood Allen & Rahal, LLP by Charles W. Rubendall II and Donald M. Lewis III on behalf of defendant Roadway Express, Inc., only, reserving its right to respond to plaintiffs complaint, pursuant to Pennsylvania Rules of Civil Procedure. A single copy of all items sent by your office to the attention of Mr. Rubendall alone will be satisfactory. Dated: July 21, 2005 KEEFER WOOD ALLEN & RAHAL, LLP Charles W. Rubendall II I.D. ## 23172 Donald M. Lewis III I.D. ## 58510 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 and 255-8038 CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendant Roadway Express, Inc., hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: D. Holbrook Duer, Esquire Byler, Goodley, Winkle & Hetrick, P.C. 363 West Roseville Road Lancaster, PA 17601 Thomas J. Williams, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 KEEFER WOOD ALLEN & RAHAL, LLP By Charles W. Rubendall II Dated: July 21, 2005 1 "?+ l . ?? __ ? n -tl ? ? ? .. c..._ ., ;. _. _,_ ,_-ri ? ::.. ???? 1 ..: 1'1 ?l iA??) - ', .. ? ?.. ?.i J? ` F:\FILES\ ATAFILETmgessive983TCur t\163\a C.az d. 9/20/04 0:%PM Revised: 8/15/05 8:25AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Travis Young MICHAEL E. GREENBLATT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS YOUNG and ROADWAY EXPRESS, INC., Defendants NO. 04-3471 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT TRAVIS YOUNG'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: MICHAEL E. GREENBLATT, Plaintiff, and his attorney, D. HOLBROOK DUER, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Travis Young, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and denies generally the allegations set forth in Plaintiff's Complaint pursuant to Rule Pa. R.C.P. 1029 (e). NEW MATTER 9. The Plaintiff's claims are barred by the applicable Statute of Limitations. 10. The Plaintiff's recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 11. Plaintiff orhis representative chose the limitedtort option by signing avalid selection form. 12. Plaintiffs injuries do not involve death, serious impairment of bodily function or permanent disfigurement. 13. Plaintiff's claim is barred or reduced by the Pennsylvania Comparative Negligence Law. WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiff's Complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO By -r" 61 . Thomas J. Wi ams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Travis Young Dated: August 15, 2005 VERIFICATION Thomas J. Williams, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Defendant in the within action, certifies that the statements made in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Thomas J. W liams CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer to Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: D. Holbrook Duer, Esquire BYLER, GOODLEY, WINKLE & HETRICK, P.C. 363 West Roseville Road Lancaster, PA 17601 Charles W. Rubendall, II, Esquire KEEFER, WOOD ALLEN & RAHAL 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108 MARTSON DEAR.DOR:FF WILLIAMS & OTTO By ) road Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 15, 2005 c ° rl y. L? 7 (J1 70 ti? ( 7 ? C - t4a -,-ice G ., "17 BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HolbrookDuer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 560-6330 IN THE COURT MICHAEL E. GREENBLATT Plaintiff, V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. Defendants Attorneys for Plaintiff, Michael E. Greenblatt OF CUMBERLAND COUNTY, PENNSYLVANIE No: 04-3471 JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER 9.-13. Denied for the reasons set forth in the Complaint and as conclusions of law to which no response is required. WHEREFORE, Plaintiff requests judgment as demanded in the Complaint. BYLER, GOODLEY, WINKLE, & HETRICK, P.C. Dated: a Zt{ O By: D. Holbrook Duer, Esquire Attorney I.D. No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 Attorney for Plaintiff VERIFICATION I, D. Holbrook Duer, Esquire, hereby verify that I am the attorney for the Plaintiff, Michael E. Greenblatt, in the herein lawsuit, and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief This verification has been made by counsel for Plaintiff because the matters raised are within the knowledge of Plaintiffs counsel. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. Date: 81 Z Li ? 05 .Holbrook Duer, Esquve CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below. Service by first class mail as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Charles W. Rubendall, II, Esquire KEEFER, WOOD ALLEN & RAHAL 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108 Date: 8 24{ 05 BYLER, GOODLEY, WINKLE & HETRICK, P.C. By: olbrook Duer, Esq. Attorney ID No. 57324 363 West Roseville Road Lancaster PA 17601 (717) 560-6330 Attorneys for Plaintiff ?' o c? ?; ? ?r s--n " r, " ' ? ? ? ?T q C - '. ? 1._t ... ? (j? ? . ???? 1 5=? ?' ~??J ?- .J?n YC": W BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HolbrookDuer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Michael E. Greenblatt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. MICHAEL E. GREENBLATT Plaintiff, No: 04-3471 V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. JURY TRIAL DEMANDED Defendants STIPULATION OF PARTIAL DISCONTINUANCE All parties to the above-referenced action do hereby agree and stipulate to the discontinuance of any and all claims against Roadway Express, Inc. only with prejudice based upon the representations of Defendant Travis Young and Roadway Express, Inc. that Defendant Travis Young was not acting within the course and scope of his employment at the time of the July 24, 2002 motor vehicle accident. BYLER, GOODLEY, WINKLE, & HETRICK, P.C. MARTSON DEARDORFF WILLIAMS & OTTO By D. 44roklbuer, E Attorney I.D. No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 Attorney for Plaintiff Dated: 812LI D By: T Thomas J. Williams%Esquire Attorney I.D. No. 17512 Ten East High Street Carlisle, PA 17 013 (717) 243-33411 Attorney for Defendant Travis Young Dated: S. ))-to ) o3' ?) ? C_J ?_ l?l u? ?? X11 ?'? "?, _? `T n ;?z -r+rn 4 rl. N ', C-`-? ?r?Yi [.. ?'? r S ?. ?, '_u { KEEFER,?W}OOOD ALLEN & RAHAL By: Charles W. Rubendall, II, Esquire Attorney I.D. No. 23172 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108 (717) 255-8010 Attorney for Defendant Roadway Express, Inc. SO ORDERED BY THE COURT this day of 2005. J. I.RECEILED : 07 2005 RECEIVED SEP 07 2005 BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. Holbrook Duer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Michael E. Greenblatt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL E. GREENBLATT Plaintiff, No: 04-3471 V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. JURY TRIAL DEMANDED Defendants STIPULATION OF PARTIAL DISCONTINUANCE All parties to the above-referenced action do hereby agree and stipulate to the discontinuance of any and all claims against Roadway Express, Inc. only with prejudice based upon the representations of Defendant Travis Young and Roadway Express, Inc. that Defendant Travis Young was not acting within the course and scope of his employment at the time of the July 24, 2002 motor vehicle accident. BYLER, GOODLEY, WINKLE, & HETRICK, P.C. By D. 46rck-tuer, E Attorney I.D. No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 Attorney for Plaintiff Dated: MARTSON DEARDORFF WILLIAMS & OTTO By: 1'L,,,,.,,., 9 Thomas J. Williams, squire Attorney I.D. No. 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant Travis Young Dated: S 116)ds- ?,. -. c_? ?_, ?, -? .'? -"jI T . ?,? 5 t. ; r?l ?_ „ .. i `r - - ;1 , N _ Ci AJ ?I. __ ._ --- 7=- ?-? -i. KEEFER,/WOOD ALLEN & RAHAL By: _ Charles W. Rubendall, II, Esquire Attorney I.D. No. 23172 210 Walnut Street, PO Box 11963 Harrisburg, PA 17108 (717) 255-8010 Attorney for Defendant Roadway Express, Inc. SO ORDERED BY THE COURT,th 1?- da of 005. J. f? u- ii- C7 N v? `cS 10 O? vo Y sz q h PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ( ) Appeal from Arbitration MICHAEL E. GREENBLATT (check one) ( X ) Civil Action - Law (other) VS. (Plaintiff) TRAVIS YOUNG and ROADWAY EXPRESS, INC. VS. (Defendants) The trial list will be called on 02/14/06 and Trials commence on 03/13/06 Pretrials will be held on 02/22/06 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214, 1.) No. 3471 Civil 2004 Indicate the attorney who will try case for the party who files this praecipe: D. Holbrook Duer, Esq., 363 West Roseville Road, Lancaster PA 17601, counsel for Plaintiff Indicate trial counsel for other parties if known: Thomas J. Williams, Esquire, counsel for Travis Young This case is ready for trial. Date: Signed: Print . Holbrook Duer. Esquire Attorney for: Michael E. Greenblatt, Plaintiff ._i ?`? _ ) e? ` ?^ 'P -1 . r _ _ fi^, ' ' n, T rv ?', r. .. ,, '? c? ' ? t . , ' MICHAEL E. GREENBLATT, Plaintiff V. TRAVIS YOUNG and ROADWAY EXPRESS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-3471 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of February, 2006, upon consideration of the call of the Civil Trial List, and upon motion of George B. Faller, Jr., Esquire, which has not been opposed by Plaintiff's counsel, this case is continued by agreement of counsel and it is stricken from the trial list. Counsel are directed to relist the case for trial at their convenience. D. Holbrook Duer, Esquire 363 W. Roseville Rd. Lancaster, PA 17601-3145 For the Plaintiff George B. Faller, 10 E. High Street Carlisle, PA 17013 For the Defendant pcb Jr., Esq ire /-7 -o(P S Eli By the Court, BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HolbrookDuer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Michael E. Greenblatt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL E. GREENBLATT Plaintiff, No: 04-3471 V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. JURY TRIAL DEMANDED Defendants MOTION TO WITHDRAW 1. The undersigned is counsel of record for Plaintiff in this matter. 2. On March 10, 2005, Plaintiff discharged the undersigned as his counsel. Plaintiff's counsel cannot represent Plaintiff any longer without his consent. 4. Petitioner requests that this Motion be granted and that Petitioner be permitted to withdraw as legal counsel for Plaintiff. 5. Last known address of Plaintiff is 2001 Carlton Place, Lancaster, PA 17601. WHEREFORE, Petitioner requests that this Petition be granted that the law firm of Byler, Goodley, Winkle & Hetrick, P.C., be permitted to withdraw as counsel for Plaintiff in this matter. BYLER, GOODLEY, WINKLE & HETRICK, P.C. By: D. Holbr Duet, Esquire, Arty I.D. No. 57324 Date: .2 2 O 363 West Roseville Road, Lancaster, PA 17601 (717) 560-6330 ATTORNEY VERIFICATION I, D. Holbrook Duer, Esquire, hereby verify that I am the attorney for the Plaintiff, Michael E. Greenblatt, in the herein lawsuit, and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. D. rook Duer, Es Dated: (3?2ZJoL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been sent this day by First Class Mail, Postage Prepaid, to: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Mr. Michael E. Greenblatt 2001 Carlton Place Lancaster, PA 17601 BYLER, GOODLEY, WINKLE & HETRICK, P.C. Date: Z D By: D. Ho rook er, Es Atty. I.D. No. 57324 363 West Roseville Road Lancaster, PA 17601 717-560-6330 Attorneys for Plaintiff R I? lX BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. Holbrook Duer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Michael E. Greenblatt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL E. GREENBLATT Plaintiff, No: 04-3471 V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. JURY TRIAL DEMANDED Defendants ORDER AND NOW, this -2717- day oU4Z 6, upon consideration of the Motion to Withdraw filed by Byler, Goodley, Winkle & Hetrick, P.C., and any responses thereto is ORDERED and DIRECTED that Byler, Goodley, Winkle & Hetrick, P.C. shall be permitted to withdraw as counsel for Plaintiff. FILEJ 2 r`?J NTllJR% 2 I Fi1 3' 1", IS BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HolbrookDuer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL E. GREENBLATT Plaintiffs No.: 04-3471 V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. Defendants WITHDRAWAL OF APPEARANCE Please withdraw the appearance of D. Holbrook Duer, Esquire and Byler, Goodley, Winkle & Hetrick, P.C. as counsel for Plaintiff in the above-referenced matter. This withdrawal has been authorized by Order of Court dated March 27, 2006, a true and correct copy of which is attached hereto. BYLER, GOODLEY, WINKLE & HETRICK, P.C. By: olpg_4_x,/ D. Holbrook Duer, Esquire Arty I.D. No. 57324 Date: March 31, 2006 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below. Service by first class mail as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Mr. Michael E. Greenblatt 2001 Carlton Place Lancaster, PA 17601 Date: March 31, 2006 BYLER, GOODLEY, WINKLE & HETRICK, P.C. By: _ otgl 0.00, D. Holbrook Duer, Esgmre Atty. I.D. No. 57324 363 West Roseville Road Lancaster PA 17601 2 BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HoibrookDuer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Michael E. Greenblatt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL E. GREENBLAT T Plaintiff, No: 04-3471 V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. JURY TRIAL DEMANDED Defendants ORDER i AND NOW, this day of 006, upon consideration of the Motion to Withdraw filed by Byler, Goodley, Winkle & Hetrick, P.C., and any responses thereto is ORDERED and DIRECTED that Byler, Goodley, Winkle & Hetrick, P.C. shall be permitted to withdraw as counsel for Plaintiff. ?5/? ,311 ? ) V? L / J. r-? (?? ?l r' .., -i ,' ??? ... Co=? F:\FILES\DATAFILE\Progressive7837\Current\ I63\motioneompe14.wpdjfm Created. 6/19/06 1 L05AM Revised. 6/29/06 1 49PM 7837.163 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Travis Young MICHAEL E. GREENBLATT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS YOUNG and ROADWAY EXPRESS, INC., Defendants NO. 04-3471 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW, comes Defendant Travis Young, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Motion to Compel to Discovery as follows: COUNT I - FINANCIAL 1. This case involves a claim forpersonal injuries arising out of a motor vehicle accident on July 24, 2004. 2. At the time ofthe accident, Plaintiffwas the president and sole shareholder of Surface Technologies, Inc., a Pennsylvania Corporation which installed commercial floor coverings. 3. Plaintiffs claim for damages is primarilypredicated on the claim that the injuries suffered in the collision of July 24, 2004, slowed him down during the final six months of 2004 and so that he was unable to work as vigorously as he could have in running the business of Surface Technologies, Inc., as a result ofwhich Surface Technologies, Inc., earned less profit in 2004 than it would have earned had Plaintiff not been injured. 4. In support of that claim, Plaintiffprinted out and provided to defense counsel certain specially prepared reports from the QuickBooks accounting program. 5. Defense counsel had these reports reviewed by his accounting and business valuation expert, Dwayne D. Keller, CPA, and was advised that these "customized reports" were inconclusive and highly unusual, and could not be the subject of his expert opinion. 6. Defense then requested the QuickBooks back-up data and was provided with a disk from Plaintiff. A photocopy of the disk provided is attached hereto as Exhibit "A." 7. At the request ofPlaintiff, defense counsel executed a Confidentiality Stipulation, a copy of which is attached hereto as Exhibit "B." 8. Mr. Keller has evaluated the disk and found the data to be corrupted. A copy ofhis letter is attached hereto as Exhibit "C." 9. Defendant has requested a good copy of the QuickBooks back-up data, but same has not been forthcoming. 10. Plaintiff was deposed on October 5, 2005. 11. During Plaintiff's said deposition, he acknowledged that he printed the "customized" reports that were furnished to the defense as part of discovery, but was unable to explain many significant aspects of these reports, including why he used the beginning and ending dates. In the course of his deposition, Plaintiffwas unable to answer numerous questions concerning the "customized" reports that he printed out, and that were furnished to the defense, and repeatedly referred his bookkeeper had the information needed to answer those questions. 12. Defense has requested to depose Plaintiff s accountant and bookkeeper; however, plaintiff has refused to permit these. 13. Also in support ofthe damage claim, Plaintiffhas provided copies of the corporate income tax returns for Surface Technologies, Inc. and his individual income tax returns, for the years 2000-2004, inclusive. 14. Defense has requested the work sheets that were used in the preparation of Surface Technologies, Inc.'s, corporate income tax returns for 2000-2004, but Plaintiffs counsel has advised that these will not be provided. 15. Defense counsel has been advised by his consulting expert, Dwayne D. Keller, CPA, that there are ways in which the financial records of a business can be manipulated for any given year; for example, by withholding deposits of checks received by the end of the year and by depositing them in the next year. The only way to verify whether this has been done or whether it has been a pattern, is to review the monthly statements of the business bank accounts. 16. Defense has requested copies of Plaintiff's business and individual bank account statements for the years 2000-2005, but Plaintiff has refused to provide these. 17. Defense cannot properly evaluate and address Plaintiff's aforesaid claim of damages without having the information referred to above. WHEREFORE, Defendant Travis Young requests Your Honorable Court to Order and Direct Plaintiff as follows or suffer sanctions: a. To produce complete copies ofhis corporate federal income tax return, IRS Form 1120, as filed, with all schedules and attachments and the worksheets used in the preparation of said returns for the years 2000-2004; b. Plaintiff shall forthwith identify all bank accounts, individual or corporate, maintained by the Plaintiff or his corporation for the years 2000-2005, inclusive, and provide copies ofthe monthly statements of these accounts to the defense; C. Allow the Defendant's accounting and business valuation expert, Dwayne D. Keller, CPA, to have access to Plaintiff's computer or Plaintiff s business data, including QuickBooks and QuickBooks back-up, as stored, and permit Mr. Keller to download onto his own disk a copy of said data; d. The deposition of the bookkeeper and accountant for Surface Technologies, Inc., is authorized. COUNT II - INTERROGATORIES, 18. The Plaintiffhereby incorporates by reference the averments contained in Paragraphs 1 through 3 of this complaint. 19. Defendant served Defendant Travis Young's First Set of Interrogatories Directed to Plaintiffon or about December 15, 2004. A copy ofthe Interrogatories is attached hereto as Exhibit "D". 20. On or about August 24, 2005, the Plaintiff served the Defendant Plaintiff's Answers to Defendant's First Set of Interrogatories. These answers, however, are inadequate. Despite the specific questions posed, the Plaintiffhas, without objection, provided less than full and complete answers. A copy of the Plaintiff's Answers are attached hereto as Exhibit "E". Thus, although the Plaintiff has served i 1 Answers to Interrogatories, the Plaintiff s Answers are deficient and must be supplemented as set forth hereinbelow. 21. Plaintiff should be compelled to answer fully and completely all Defendant's discovery requests, specifically, answers to First Set of Interrogatories #1, 7, 11, and 16. (a) Interrogatory No. 1- Interrogatory No. I requests the names, the purposes of seeing, the number and dates ofvisits, descriptions of all medication recommended or prescribed, descriptions of any treatment received or recommended, etc. for each health care practitioner the Plaintiffhas seen since the date of the accident (whether in connection with the injuries suffered in the accident or not). It further requests a listing of any charges incurred for the visits and the identity ofthe person or entity paying same ifnot Plaintiff. Although the Plaintiff indicated that State Farm paid all bills and defense counsel has already subpoenaed State Farm's file so those records would already be in defense counsel's possession and to see medical records already produced, the Plaintiff also indicated that he saw his family doctor, Dr. Beiber, as a result of the motor vehicle accident. See Plaintiff s Demand Letter of June 10, 2005 (attached hereto as Exhibit' F'). State Farm's file contained no bills for Dr. Beiber and the Plaintiff has no bills or medical records from Dr. Bieber. Thus, although the Plaintiffhas provided the names of certain health practitioners, the response does not provide the specific information requested. Particularly, regarding Dr. Bieber there is no information about the dates when treatment was rendered and the description ofthe treatment. There is indication the Plaintiff is in possession of records of such treatments. See Plaintiff s Demand Letter. The court must order the Plaintiff to provide this information. (b) Interrogatory No. 7 - InterrogatoryNo. 7 inquires whether or not the Plaintiffstill suffers pain from any ofhis injuries and conditions resulting from the incident. It further requests that the frequency and nature ofthe pain and the injuries or conditions from which that pain emanates be stated specifically. Although the Plaintiff indicated he still has stiffness, cracking, popping and pain and soreness in the neck, the response provides none ofthe additional information specifying the frequency and nature of the pain and the injuries or conditions from which that pain emanates. The court must order the Plaintiff to provide specific responses to this Interrogatory. (c) Interrogatory No. I l - Interrogatory No. 11 in part requests the Plaintiff to state whether or not he has been unable to perform satisfactorily all duties required of his in your employment and all activities of daily living since the date of the occurrence. It further requests the names and addresses of all persons having knowledge of those duties and activities he was unable to perform, including your supervisors, fellow employees, family, friends and the like. Although the contents of the demand letter Plaintiffrefers to lists the duties and activities he was unable to perform, it does not list the names and addresses of all persons having knowledge of those duties and activities he was unable to perform. The court must order the Plaintiff to provide such. (d) Interrogatory No. 16 -interrogatory No. 16 requests that the Plaintiffprovide information about whether or not he was ever an occupant of an automobile that was involved in a collision, other than the alleged accident on July 24, 2002. It further requests specific information about any such collisions. The plaintiffanswered that any relevant specifics can be provided at deposition but there were no recent other car accidents and any other car accidents would have been in the remote past and are not relevant nor produced injuries to the same parts of the body affected by this accident. This is unresponsive to the Interrogatory and fails to provide the Defendant with the requisite information in preparation for trial. The court must order the Plaintiffto provide specific responses to this Interrogatory. 22. Plaintiffhas violated Pa. R.Civ.P. 4006 by, without objection, failing to respond fully and completely to Defendant's First Set of Interrogatories. WHEREFORE, Defendant Travis Young requests This Honorable Court, pursuant to Pa. R.C.P. 4019, to order the Plaintiffto more specifically answer and to set a deadline for Plaintiffto more specifically answer the Interrogatories or suffer sanctions. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. lliams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 29, 2006 Attorneys for Defendant EXHIBIT "A" BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. Holbrook Darer, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Michael E. Greenblatt IN THE COURT OF CONNT IOiv PLEAS OF CUMBER AND COUNTY, PENNSYLVANIA MICHAEL E. GREENBLATT Plaintiff, V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. Defendants No: 04-3471 JURY TRIAL DEMANDED CONFIDENTIALITY STIPULATION All parties to the above-referenced action do hereby agree and stipulate that the discovery materials and documents and the information provided by Plaintiff or his expert witnesses or any person providing information about his personal financial affairs or the financial affairs, business transactions or customer information of Surface Technology, Inc. shall be kept confidential and not disclosed to any individuals or entities except employees of defense counsel and expert witnesses, as necessary only for their participation in the litigation, and to the Court or participants in any trial as necessary only for their involvement in the. litigation or trial, and that upon conclusion of the litigation, all materials, information and documents and any and all copies made of such shall be returned to Plaintiff's counsel's office within 30 days of the docket being satisfied or discontinued. BYLER, GOODLEY, WINKLE, & HETRICK, P. C. By/ a/ D. `l : owro„n Du r, t?squire??? Attorney I.D. No. 57324 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 Attorney for Plaintiff Dated: os- MARTSON DEARDORFF WILLIAMS & OTTO By: Thomas J. Will ams, Esquire Attorney I.D. No. 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant Travis Young Dated: 4- - EXHIBIT "B" KELLER FINANCIAL GROUP December 9, 2005 Martson, Deardorff, Williams & Otto Attorneys-at-Law 10 East High Street Carlisle, PA 17013 Re: Greenblatt Dear Mr. Williams: 1? E. H;:'-I SrF:EET • SU17E 103 CARLISLE, FA 17-13 1" 1 1 243-8553 FAX (71-17) 24_ Please be advised that, after numerous attempts to restore the QuickBooks data we received concerning the above-captioned matter, we have determined that the media containing the data is corrupted. We have not been successful in restoring the data submitted. incerely, r?tn;.wnn 11 V.\ilnr r`DA DDK/jwd EXHIBIT "C" r F:.A a A;_ N ,vc.;eK K --, M rC. R . + FINANGAL AND FIN%.NCI i iv \. v.. - -. •.._ .-. - VJl H.. LI A.. - -_). 1 111-1' "1\1111 i4, . ,.-..'i u.,.. Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Travis Young MICHAEL E. GREENBLATT, Plaintiff V. TRAVIS YOUNG and ROADWAY EXPRESS, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3471 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT TRAVIS YOUNG'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF TO: MICHAEL GREENBLATT, Plaintiff, and his attorney, D. HOLBROOK DUER, ESQUIRE Enclosed are Interrogatories propounded by Defendant to be answered under oath by the aforesaid Plaintiff pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Defendant at the address below. These Interrogatories shall be deemed to be continuing Interrogatories and if, between the time of your Answers to said Interrogatories and the time of trial of this case, you or anyone acting in your behalf learn of any further information not contained in your said Answers, you shall promptly furnish said information to the undersigned by supplemental answers. As used herein, the words "accident" or "occurrence" refer to the event or events described in your Complaint and all related events and circumstances. The word "you" or "your" includes your attorneys, representatives, insurers, and all others purporting to act on your behalf. References to Plaintiff and/or Defendant shall be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendants shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies and the last known address of each custodian. "Document" shall mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without EXHIBIT "D" limitation letters, memoranda, articles, studies, notebooks, diaries and notes, as well as all mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendants or known by them to exist. It shall also mean all copies of documents by whatever means made. As used herein, the words "identify" or "identity" shall mean the following: a. When used with reference to a natural person, shall mean that the answer shall state in each instance his full name, present or last known residence address, and his occupation or business, including the name and address of his present and prior employer, his present and prior employment positions and business affiliations, including the dates of each. When used with reference to any particular person, the information other than the full name need be given only once. In any instance where you are asked to identify a natural person and you are unable to do so by name, you should so state, and in lieu of the name, state the job title, department and/or division of said person. b. When used with reference to a corporation, partnership, association, joint venture, firm or other business enterprise or legal entity, shall mean that the answer shall state in each instance the full name and address of such entity, its affiliation, including in the case of a corporation, its parent, if any, and in the case of a partnership or joint venture, its partners or members of the venture, and a brief description of the primary business in which such entity is engaged. With respect to any particular entity, the information other than the full name need be given only once. C. When used in connection with a writing, document, or report, shall mean that the answer shall state in each instance, whether or not such document is known to be in existence at the time of making the answer, and (i) the date, type of document (e.g. letter, memorandum, telegram, etc.), author, addresses, and all recipients; ii the present or last-known location and custodian of the document and all copies thereof, and (iii) the title and filing or identifying number of all other means of identifying it with sufficient particularity to satisfy the requirements of its inclusion in a request for production of documents pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure. d. When used in connection with an oral communication, shall mean that the answer shall state in each instance (i) the identities of the persons communicating; ii the recipient and intended recipient of the communication; (iii) the identity of each person present or otherwise aware of the substance of the communication; (iv) the date and time when and place where it was made; (v) the subject matter and substance of the communication; and (vi) the identity of any document or writing which embodies, records, reflects, or otherwise refers to such oral communication. e. When used with reference to a contract agreement, or understanding or any modification or amendment thereof shall mean that the answer shall state in each instance (i) the date on which such contract, agreement, or understanding or any modification or amendment thereof was first made or entered into; (ii) the duration of the contract, agreement, or understanding or any modification or amendment thereof, (iii) the identities of the parties to such contract, agreement or understanding or any modification or amendment thereof, (iv) whether the contract, agreement, or understanding or any modification or amendment thereof was oral or written, and if written, (v) the identity of each document that embodies, records, contains or otherwise reflects such contract, agreement or understanding or any modification or amendment thereof. Answer each interrogatory in the space following the interrogatory. Supplemental sheets may be attached for answers which require additional space. Please take notice that you are required to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories are deemed continuing and supplemental answers should reasonably be provided. Unless otherwise specified, response to the following Interrogatories shall give the requested information for the period from July 24, 2002, to the present (hereinafter sometimes referred to as the "time period"). It is hereby certified that a true and correct copy of these Interrogatories was mailed to counsel for the Plaintiff on this date by the undersigned. MARTSON DEARDORFF WILLIAMS & OTTO By -r - VV>?r Thomas J. Wil Tams, Esquire I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 15, 2004 Attorneys for Defendant Travis Young Interrogatory No. 1 For each health care practitioner Plaintiff has seen since the date of the accident (whether in connection with the injuries suffered in the accident or not), provide the identity of same, the purpose of seeing practitioner, the number and inclusive dates of each visit, a description of all medication recommended or prescribed, a description of any treatment received or recommended, a listing of any charges incurred and the identity of the person or entity paying same if not Plaintiff. ANSWER: Interrogatory No. 2 Identify any health care practitioner that you have seen for ten (10) years prior to the incident in question, including but not limited to, your family physician and give the name and address of each. ANSWER: Interrogatory No. 3 State whether, as a result of the said occurrence, you required any medical or vocational rehabilitation services; that is, services necessary to reduce disability and to restore the physical, psychological, social and vocational functions, including but not limited to: medical care, diagnostic and evaluation procedures, physical and occupational therapy, other necessary therapies, speech pathology and audiology, optometric services, nursing care under the supervision of a registered nurse, medical social services, vocational rehabilitation and training services, occupational licenses and tools, and transportation necessary to secure such services. If so, state fully: The names and addresses of all medical, rehabilitation facilities, hospitals and/or clinics at which you were examined or attended; the names and addresses of all individuals and physicians who attended or examined you; the date of each treatment; and a description of the treatment received. ANSWER: Interrogatory No. 4 State frilly all the injuries you claim to have suffered in or as a result of the said occurrence. ANSWER: Interrogatory No. 5 As to the injuries claimed in Interrogatory No. 4, have you ever experienced or been treated for the same or similar condition? ANSWER: Interrogatory No. 6 State fully all elements of economic loss, and the dollar value thereof, that you claim to have suffered in or as a result of the said occurrence. As part of your answer, state specifically, any claims for loss of income, past, present and future, explain how that was computed, and provide the inclusive dates of all time lost from work, whether full time or part time. ANSWER: Interrogatory No. 7 If you still suffer pain from any of your injuries and conditions resulting from the incident, state specifically the frequency and nature of the pain and the injuries or conditions from which it emanates. ANSWER: Interrogatory No. 8 What future reasonable and necessary professional medical treatment and/or care do you claim you will require as a result of the said occurrence? ANSWER: Interrogatory No. 9 Please identify each of your employers, state the inclusive dates of employment and your gross and net earnings on a weekly or monthly basis for the period beginning five years before the accident to and including the present. With respect to each such employment, please describe your job duties and responsibilities. ANSWER: Interrogatory No. 10 If you have filed a Federal, State or Local Income Tax return for any of the five calendar years preceding the accident or any year since, please state whether copies were kept or subsequently obtained, and, if so, identify every person who has, or at any time had, a copy of same. Alternatively to an answer, you may attach complete copies of each return as filed, to include, without limitation, all schedules, W-2, 1099's and other attachments. ANSWER: Interrogatory No. 11 State whether you have been unable to perfonn satisfactorily all duties required of you in your employment and all activities of daily living since the date of the said occurrence, indicating with particularity those duties and activities you were unable to perform and the names and addresses of all persons having knowledge of such, including your supervisors, fellow employees, family, friends and the like. State further the identity of any physician who has advised you concerning the limitations or duration of any such disability. ANSWER: Interrogatorv No. 12 Identify any medical expenses which you have incurred which have not been covered by a collateral source (i.e. first party medical coverage, worker's compensation, Blue Cross/Blue Shield, etc.). ANSWER: Interrogatory No. 13 Please identify each person you expect to call as an expert witness at trial and state the subject matter on which each person is expected to testify. ANSWER: Interrogatory No. 14 As to each person identified in your answer to the preceding interrogatory, please state the substance of the facts and opinions to which he is expected to testify and the grounds for each opinion. * Signature of Expert *A report, personally signed by your expert, may be furnished in lieu of your answer to this interrogatory. If you elect to furnish reports in lieu of an answer, then please indicate in the space above the date of each such report and the persons by whom they were prepared. Interrogatory No. 15 Have you, your attorney, or any representative of you or your company entered into or been a party to any releases, stipulations, understandings or agreements regarding your liability for the claims which have been made in this case? ANSWER: hiterrogatory No. 16 Have you ever been an occupant of an automobile that was involved in a collision, other than the alleged accident on 8116 24, 2002? If so, please state: (a) the date and location of each collision; (b) the identity of all other occupants of all vehicles involved in the collision; (c) whether you were injured in the collision, and, if so, the nature and extent of your injuries; (d) whether a claim was made by you as a result of the collision, and, if so, the identity of the insurer and claims adjuster and location of the claims office of all insurers against whom any claim was made by you, whether as a first party or third party; (e) whether you were a party in any court action or arbitration arising out of the collision, and, if so, please state below the full caption, identity of all attorneys, and the present status of said court action or arbitration. ANSWER: Interrogatory No. 17 Have you ever been convicted or pled guilty to a crime? If so, list the court, the offense and the date of the conviction or guilty plea. ANSWER: Interrogatory No. IS Have you ever, either prior to or after the accident, made; a claim for a personal injury or worker's compensation? If so, describe the circumstances surrounding the claim including the name of the party against whom the claim was made and their insurance company. ANSWER: Interrogatory No. 19 State your full name, any aliases, prior names, nicknames and your social security numbers and date of birth. ANSWER: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF SS. Michael E. Greenblatt, being duly sworn according to law, depose and say that the facts set forth in the foregoing Answers to Interrogatories are true and correct. Michael E. Greenblatt Sworn to and subscribed before me this day of , 200 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant Travis Young's Interrogatories Directed to Plaintiff was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: D. Holbrook Duer, Esquire BYLER, GOODLEY, WINKLE & HETRICK, P.C. 363 West Roseville Road Lancaster, PA 17601 MARTSON DEARDORFF WILLIAMS & OTTO Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 15, 2004 BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. Holbrook Dtter, Esquire Identification No. 57324 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Michael E. Greenblatt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL E. GREENBLATT Plaintiff, No: 04-3471 V. TRAVIS YOUNG and ROADWAY EXPRESS, INC. Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES 1. See medical records. State Farm paid all bills and defense counsel has already subpoenaed State Farm's file so those records would already be in defense counsel's possession. 2. See the medical records already produced, specifically those of Mr. Greenblatt's family doctor, Dr. Beiber. 3. See medical records already produced. 4. See medical records and demand letter of June 10, 2005. 5. No. 6. See demand letter of June 10, 2005 where a computation of the amounts claimed are set forth therein. That demand letter does not include any computation of lost earnings for the calendar year 2003 but some accident related wage loss was caused in that calendar year. The answer to this interrogatory question will be more specifically supplemented if any wage loss claim will be made for the calendar year 2003. EXHIBIT' "E" 7. Yes. Plaintiff still has stiffness, cracking, popping and pain and soreness in the neck. 8. It is unknown as no specific doctors' opinions haves been solicited on this particular inquiry. However, Mr. Greenblatt has not seen a doctor for many months. 9. Mr. Greenblatt is the President and sole shareholder of Surface Technology, Inc., the specifics of which have all been produced on June 10, 2005. 10. See the tax and financial records that have already been produced. 11. See the contents of the demand letter of June 10, 2005. 12. All bills have been paid by State Farm and defense counsel has already subpoenaed their file. 13. Undecided but the only medical doctor involved thus far is Dr. Beiber. The Plaintiff may call his accountant, Brett Tennis, as a fact witness to income and financial issues relevant to Mr. Greenblatt and Surface Technology, Inc. It is not anticipated that Mr. Tennis would testify as an expert by rendering opinion testimony. 14. See response to previous interrogatory. 15. No. 16. Any relevant specifics can be provided at deposition but there were no recent other car accidents. Any other car accidents would have been in the remote past and are not relevant nor produced injuries to the same parts of the body affected by this accident. 17. No. 18. No. 2 19. Michael E. Greenblatt, DOB: 9/8/59, SSN: 233-94-0340. BYLER, GOODLEY, WINKLE, & HETRICK, P.C. By: D. Holbrook Duer, Esquire Attorney I.D. No. 57324 Dated: August 2005 363 West Roseville Road Lancaster, PA 17601 (717) 560-6330 Attorney for Plaintiff 3 VERIFICATION I, Michael E. Greenblatt, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: 7 OS_ ?? / -! Michael E. Greenblatt CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below. Service by first class mail as follows: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 BYLER, GOODLEY, WINKLE & HETRICK, P.C. Date: August 2005 By. --?n D. Holbrook Duer, Esq ' e Atty. I.D. No. 57324 363 West Roseville Road Lancaster PA 17601 (717) 560-6330 Attorney for Plaintiff 5 Byler, Goodley, Winkle & fletrick, P.C. Attorneys-at-Law Samuel A. Goodley, Jr.* 363 West Roseville Road W. Bryan Byler Lancaster, Pennsylvania 17601 Eric L. Winkle D. Holbrook Duer Carolyn K. Hetrick (Additional Offices in Elizabethtown and Intercourse) *LL.M. in Taxation June 10, 2005 Veronica Shirk, Casualty Claims Specialist Progressive Insurance 4000 Crums Mill Road, Suite 201 Harrisburg PA 17112 RE: Our client: Michael Greenblatt Your Insured: Travis Young Claim No.#: 028579258 DOL: July 24, 2004 Our Me No.: 4984.001 Dear Ms. Shirk: Phone (717) 560-6330 ext 4 Fax (717) 560-6328 E-mail: bduer@bgwh.com I am writing to present a settlement demand and resolve this matter. As we discussed by phone, you asked me to send this directly to you. As you know, this is a case of 100% liability on your insured for this head-on accident. There is no liability question but we still have an unresolved question about the proper defendant(s). We filed a Writ of Summons in order to toll the statute of limitations and included his employer, Roadway Express, Inc. Tim Dull at Roadway Express informed me that Mr. Young was not in the course and scope of his employment at the time of the accident and he provided me with a time clock reading showing that he punched out at exactly 10:00 a.m. I needed to confirm that with Mr. Young's account of the facts before dropping Roadway as a defendant. However, your predecessor told me that the recorded statement of Mr. Young has been lost without being transcribed. Therefore, Roadway has never been dismissed from the case. Nevertheless, as I am sure we all understand, the demand is presented to your company only. Your company assigned counsel and I sent him a stipulation to dismiss Roadway Express on certain terms that was never returned to me. I also sent him the following records, which you now have and will not be included again in this package: 1 • State Farm file received under cover of letter of August 13, 2004 - this shows the full tort election on the policy EXHIBIT "F" Veronica Shirk June 10, 2005 Page 2 of 7 2. Holy Spirit Hospital file received under cover of letter of July 20, 2001 The ER notes confirm the airbag deployment and the bruising and chest wall contusion. The neck pain had not yet come to forefront. When Mr. Greenblatt was seen, it was less than 2.5 hours after the accident and that is certainly not uncommon. General Internal Medicine file received under cover of letter of July 20, 2004. Dr. Beiber has been Mr. Greenblatt's family doctor since at least 1990 and these records confirm no prior relevant problems. They also confirm from an independent source that Mr. Greenblatt was active in lifting weights, playing basketball, and with his daughters of age 17, age 15 and his son, age 12. Dr. Beiber saw Mr. Greenblatt as a result of this MVA on 8/29/02 and recorded his symptoms of neck pain and chest pain. At first, Mr. Greenblatt did not have the neck pain right after the accident but it set in later, as he described. They discussed seeking chiropractic treatment and the possibility of a disc herniation and a diagnostic MRI, but Mr. Greenblatt is not one to "over-doctor" and complain. He is a stoic person who always tries to look on the bright side, not overemphasis his symptoms, and work with and through them, if possible. He is a businessman who needs to work daily and the idea of taking time off for physical therapy and other time-consuming treatment regimes just is not in his make-up. 4. Roadway Express time clock printout and fax cover sheet dated 7/21/04 5. Black and white photographs of his car and Mr. Greenblatt - I am now including color photocopies of the photographs previously sent. The bruising across his chest is readily apparent. With regard to the vehicle photograph, this was a horrific head-on accident that very well could have killed either Mr. Greenblatt or Mr. Young. We are all lucky that did not occur. Mr. Young's front driver's side wheel rode up over the driver's side hood and windshield of Mr. Greenblatt's vehicle. Mr. Greenblatt's airbags deployed, the car was full of smoke and he could not open his door. Mr. Greenblatt thought he was going to die in a vehicle fire, as any of us would under such conditions. He was covered with glass and bleeding from multiple places (see the ER report documenting the glass fragments imbedded in parts of his body). He had to crawl into the back seat to try to get out of the car, in a panicked state, and was finally able to get out the passenger side rear door. He collapsed on the ground while his mind raced through the events caused by your insured's negligence. Needless to say, that was not the last time he re-lived the near death and horror that your insured put him through. Depending upon Mr. Young's testimony, this very well could be a case justifying punitive damages. 6. W2s for Mr. Greenblatt for 2001, 2002 and 2003. I:IW pdocs\CI.I EN TS\Creenblatt.MichaclE'•.Correspondence\!'rogressive.ltr.06-10-05.doc Veronica Shirk June 10, 2005 Page 3 of 7 Mr. Greenblatt was working at the time of the accident but he is not required and does not have workers compensation coverage for himself as President and sole shareholder of the company. His first party wage loss coverage is shown on the declaration page you already have as $5,000/$1,000 month maximum. He made no claims upon that coverage because, as a self-employed individual, he gutted it out and had to work daily, or at least for part of the day, by necessity to keep his business afloat and keep his family's sole source of income flowing. Nevertheless, he has significant economic damages as a result of the accident, as documented below. With regard to non-economic damages, Mr. Greenblatt did not run to the doctors with his problems. One of the reasons was that immediately after the 7/24/02 accident, he was scheduled and did depart upon a 10 day vacation on Cape Cod. It was a terrible vacation and trip for him, the car drive was painful and his vacation with his family was ruined by the chest pain, body soreness and the onset of neck pain. The whole family was affected by the fact that his vacation, and therefore their own, was less than enjoyable. He continued to deal with things himself until he did go to Dr. Beiber on 8/29/02. Hoping that things would continue to straighten out and he would return to normal soon, and because he just did not have the time and had to run his business, he did not bother the doctors anymore. He adjusted his lifestyle and his neck pain continued unabated, even continuing to crop up to this day. He says when he is sitting in a movie theatre quietly watching a movie, and turns his head, he hears snapping and popping in his neck. This is very alarming to Mr. Greenblatt as he knows, as we all do in this business, that this is the beginning of a process of neck pain and discomfort that never goes away and will only continue to accelerate the degenerative processes of the cervical spine. He purchased an orthopedic pillow to help him sleep. He still has problems sleeping and still uses the pillow. He was a runner, 3-4x week and could not run at all until the summer of 2003. His distances remain shorter than before. His sexual relations with his wife were severely curtailed for the next six (6) months due to his neck pain. Due to his nagging neck discomfort, he has discontinued baseball coaching in the Manheim Township Recreation League that he had enjoyed previously. He also had to forego what was scheduled to be his first year of football coaching for the Manheim Township Jr. Blue Streaks in the midget football Red Rose League. He has never done either activity since and has missed the chance to coach his son. His business requires him to deliver materials, including 100 lb bags of silica sand and other heavy materials that he must frequently unload and unload himself. That is a tough activity and causes a lot of neck aggravation. Mentally, the severity of the accident is obvious and Mr. Greenblatt was hyper-vigilant at all times while in a vehicle for months and relived and had nightmares about this near-fatal accident. As for economic damages, the relevant time period over which Mr. Greenblatt suffered lost income is the last five months of 2002, the time during which he was unable to produce the numbers needed to make his business profitable to him due to his neck pain, the disruption of the car accident and its mental effect on his driving and ability to keep up with the fast paced nature of his business. To properly assess this, one must understand his business. Ii,Wpdce \CLIEN'FS.Greenblatt MichaelL\Ccnespndan:a\Prcgr? ssh: r.hr.()6-10-05.dec Veronica Shirk June 10, 2005 Page 4of7 In order to help you do so, I have enclosed a Surface Technology, Inc. marketing brochure showing the accomplishments of his solely owned business. Mr. Greenblatt is a self-made man and started this business from scratch. As you can see, he is now a leader in his field. However, the competition is fierce as the epoxy and other types of resistant flooring he pioneered in this area continues to be used in a wider scope of businesses and applications. Mr. Greenblatt's business requires him to travel to customers and jobsites in PA, NJ, NY, MD, DE, VA, WV, and the District of Columbia on a nearly daily basis. After his near-death experience with your insured, and with the bruising, soreness and pain, he did very little driving for weeks (especially after his horrible experience driving to Cape Cod) and consciously curtailed his driving for several months. He says he subconsciously curtailed it for much longer. He generally has several jobs going at once and they usually are short jobs, 3-5 days in duration. This has two effects. The first is that he must hustle to keep his workman (all independent contractors) busy because the jobs are short. He maintains a 4-6 week lead-time in scheduling so has to move quickly to keep the work calendar full. Otherwise, he doesn't make money, his workmen don't work, and ultimately he may lose them. It is a fast paced business, to say the least. In order to keep it going, he must be bidding on new jobs constantly. There is no way to bid for this type of work, because it is unique and applied to an existing building or an installed floor in new construction, without visiting the actual site. That dictates constant driving to all the states I mentioned above to visit the proposed sites. After the accident, he literally sat in his office for several weeks and went nowhere for business in his car. This was fatal to his workload for the balance of the year. He was not making new appointments to bid on jobs and he lost a lot of work that he otherwise would have bid on and gotten. When the accident happened at the end of July, he should have been out filling the work calendar for September through the end of the year. That did not happen. July and August are generally peak selling times for his re- surfacing work because that is when he sells jobs to industrial and institutionally clients for heavy maintenance and resurfacing during end of year and holiday season shut downs and slow downs. He has found that for a resurfacing work, because of the disruption, his clients almost uniformly want to do this at the end of the year. When he finally starting getting out of the office, it was too late to get his regular work in this regard and repeat customers in fact went elsewhere because he could not service them. Bidding on jobs also entails climbing up and down ladders, structural steel, and doing a lot of physical movement which he just could not handle. He could not salvage the end of the year in 2002. As you will see below, his business nearly took a fatal hit and was $85,656 in the red for the last five months of 2002. The second effect is that he is extremely busy with new construction in the Summer and Fall in good weather because he must visit each site just about daily. That is the nature of the customer contact required in this business. He is the expert in field that they trusted to hire and he needs to directly supervise the work. This is not a type of work where the crew can go out and be left to do the work on their own without his expertise. It is a complicated set of flooring products he sells and installs and a very skilled and delicate process of making sure it is done correctly. He does have one long-time foreman who probably knows as much about the specialized flooring products and applications as he LPGWpdocs\CL]f-NTS'?Greer.blatt.MichaelE?Conecpoodence ilro.gres<ive. I1e06-10-05.doc `Veronica Shirk June 10, 2005 Page 5 of 7 does, but the client expects Mr. Greenblatt. Because the accident laid him up at this peak time, he wasn't able to juggle the site visits needed and the bidding needed to keep the business strong for the remainder of the year 2002. In order to illustrate what this accident did to Mr. Greenblatt's income, I have included the following additional documents: W2s for Mr. Greenblatt for 2000. 2. Profit & Loss Statements for Surface Technology, Inc. for Year-End for 2000- 2004. The question in this claims is: What would Mr. Greenblatt have had available in corporate funds from which to take his additional income over the base of $104,000 if not for the effects of the accident? The answer is $139,275. 3. Profit & Loss Statements for Surface Technology, Inc. for 7/25 - 12/25 for 2000- 2003. This is the relevant 5 months when Mr. Greenblatt was trying to get back up to speed and rebound from this horrific accident. The following chart compiles the earnings produced by Mr. Greenblatt for the relevant time periods from these documents, for calculation of the lost earnings suffered during those relevant five months, August 2002 through December 2002. LOST EARNINGS FOR LAST FIVE MONTHS OF 2002 Year-End, if not for Actual Year-End projection with MVA, avg. income* Actual Year End 7/25-12/25 break even for 7/25-12/25 for 7/25-12/25 2000 $35,952 $47,675 2001 <60,773> 38,820 2002 10,372 <85,656> $96,028 $139,275 2003 26,085 2004 121,016. Notes: 1. The 2003 and 2004 Year-End numbers are provided by way of comparison. Although the effects of the accident still lingered in 2003, Mr. Greenblatt is making no claim for 2003 for the purposes of this demand. 2. *Averaged income from 2000 and 2001 = $43,247 1:' W pdocs\CLI F N'1'SCreenblau. Mi fisrll'?Correspnr.ArnctlPrnrmssivr.Itr.06-10-Oi doc Veronica Shirk June 10, 2005 Page 6 of 7 Mr. Greenblatt was so unproductive due to the accident that he was in the red $85,656 for the last five months of 2002. That never happened to him before. He should have been in the black an average of $43,247, using the previous two years during that same period. If we were to simply assume that Mr. Greenblatt would have only broke even during the relevant time period, he would still have had a Year End net profit of $96,028. However, that is not a reasonable assumption based on the previous two years. In reality, using that average, he should have had a net profit at Year-End of $139,275. Mr. Greenblatt pays himself a base salary of $104,000, each and every year, before taking any additional money at year-end for himself as income. He decides to take additional income by deciding what Year- End net profit for the corporation he wishes to allow to remain in the corporation. For tax purposes it is advantageous to take out as much money as possible as wage income to himself so it isn't double taxed as corporate income. Traditionally, small one-shareholder corporations clean out all profits to save on the corporate income tax owed and avoid paying tax on the money as corporate profit and again paying on it as income later. There is no sense to leaving the money in the corporation. If he does leave some amount in, it is added to his capital account as the sole shareholder, and double taxed when distributed to him at some point in the future. The question in this claims is: What would Mr. Greenblatt have had available in corporate funds from which to take his additional income over the base of $104,000, if not for the accident? The answer is $139,275. From that figure, we need to determine how much he would have paid himself to avoid double taxation. You will see he took no bonus for himself in 2001 and 2002, which were bad years, and only paid himself the base of $104,000. You already had those W-2s. 2001 was a bad year due to the early year recession that you will recall began at the outset of the current President's first term and actually started in the end of 2000. This early year recession in 2001 hit manufacturing hard, i.e. Mr. Greenblatt's customer base. However, you can see from the 2002 numbers that in fact Mr.Greenblatt was doing so well in the first seven months of 2002 that he was able to absorb the $85,656 loss in the last five months caused by the accident and still have a small net profit for the year of $10,372. That proves that his business was booming in 2002 before the accident happened. As stated previously, his Year-End profit in 2002, if not for the accident, should have been $139,275. By reference to the 2000 financials enclosed, you will see that he wisely took out $56,000 as additional personal income, over and above the base of $104,000, in 2000. He left approximately $35,000 in the corporation. He did end up with a 2002 Year-End profit in 2002 of $10,372 and left that in the corporation. Assuming he may have left another $15,000 in 2002 in the corporation (which he is not ever required to do and could have paid himself the entire $139,275), a conservation projection of the additional income he would have made in 2002, if not for the accident, is $124,275. This is our provable and recoverable economic damages in the claim. This does not include anything for lost income in 2003. I:'MNOCs\CLIIINTS\0,,,,binU Mich,?rlt\Carn•sl;ordrncrProgrcssiveltr.OG-10-0S.dec Veronica Shirk June 10, ?005 Page 7 of 7 Coupled with the non-economic damages, the settlement demand in exchange for a general release of Mr. Young, and his employer, and a discontinuance, is $155,000. Please analyze the matter and get back to me within the next 30 days with a response. Thank you. Sincerely, BYLER, GOODLEY, WINKLE, & HETRICK, P.C. Holbroo uer DHD/ses Enclosures cc: Michael Greenblatt Thomas J. Williams, Esquire Tim Dull, Roadway I!14pdoc, CLIENTS?Greenblau.M;chacll=\CoiTC.pnndence'I'rm,res.,ive.Itr.06-10-O5.&, ?-,. {?..?.,. %b.- ra?._._ ., 1 1 . ""'" r ....,rte--JIM . 9 S. # & d 4i I z- 11 This inf&nuroon is bung tanUehad 4) IRS if yaxa are rvlurn d to hie a tax MUM, a (1094011ce ,viwk...hMw -eik- M b wit m - it ea mown, n Imatk & y0U }ail to rePW it 'Copy C For EMPLOYEE'S RECORDS 2000 CIM? See Notice to Em I ee. a Control number 1 Wages, tips. otthe comp. (W) 00 - 2 Federal Income tax Withheld - 35550.00 3 Social security Wages 4 Social security tax Withheld lo er 10 number b Em 4 p y 5 Medicare wages and ifps 6 Medicare Ism withheld 23-2494842 160000.00 2320.00 c Em*yees neme, address, and ZIP code SURFACE TECHNOLOGY INC PO BOX 7031 2001 CARLTON PLACE LANCASTER PA 17604 d mployee's "amity n 233-94-0340 e Employee's narrls, address, and ZIP code - MICHAEL E. GREENBLATT 2001 CARLTON PLACE LANCASTER PA 17601-3617 7 Social "amity Bps 8 Allocated bps 9 Advance EIC peyn im " 10 Dependerd awe benefits 11 NonqualKed plans 12 Beriefds kw%xkd In box 1 13 See instrs. for box 13 11 Othet 15 Srarulory employee Deceased Pension plan Legal rep. Deferred oomP. PA 23-2494842 160000.00 4480.00 16 State E .'s state I.O. s 17 State wages, tUPS, etc. 18 State krcorne tax 19 Locality name 20 Local wages, lips, etc. 21 Local khoome tax Lancaster Count 160000.00 1600.00 Foam W-2 Wage and Tax Statemerht Dept. of the Treasury -IRS 39 - 1908647 9:32 AM 06/01/08 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss January 1 through December 1, 2000 Jan 1 - Dec 1, 00 Ordinary Income/Expense Income Sales Sales - regular 832,691.98 Sales - Other 3,709.00 Total Saks 836,400.98 Total Income 836,400.98 Cost of Goods Sold Cost of Goods Sold Job Materials 161,080.50 Subcontractors 263,832.40 Supplies -24.51 Freight & Delivery 6,347.00 Cash Discounts -355.84 Total Cost of Goods Sold 430,879.55 Total COGS 430,879.55 Gross Profit 405,521,43 Expense Uncategorized Expenses 0.00 Telephone Mobile Phone 4,173.26 Office Telephone 6,482.62 Pager 257.05 Total Telephone 10,912.93 Storage 251,94 Printing 3 Reproduction 919.45 Parking i tolls 61.36 Landscapng 1,675.93 Fuel 5,306.62 Expense Advance 55.00 Advertising A Promotion 23,198.60 Auto and truck 6,088.53 Dues and subscriptions 1,440.97 Insurance Service Charge 8.00 Personal Art 81.51 Lib 2,416.50 Disability 766.04 Bond 200.00 Auto & Truck 5,187.39 Homeowners 658,76 Insurance - Ilabilty 2,108,62 Insurance - workers comp 571.00 Insurance - Health 11,277.61 Total Insurance 23,275,43 Interest Finance Charge 2,590.62 Loan Interest 699.85 Total Interest 3,290.47 Bank fees 295.64 Professional Fees Bookkeeping Services 9,500.00 Accounting 7,970.00 Answering Service 757.61 Computer 132.50 Legal Fees 10,563.07 Total Professional Fees 28,923,18 Licenses & Permits 158.00 Paqe 1 ` 9:32 AM 06/01/05 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss January 1 through December 1, 2000 Jan 1- Dec 1, 00 Miscellaneous -166.69 Office supplies 2,698.00 Office Furniture 526.82 Penalties -0.55 Postage 6 Delivery 227.11 Rent Rent - building 930,00 Rent - equipment 5,317.60 Rent - Other 110.00 Total Rent 6,357.60 Repairs and maintenance Building Repairs 138.18 Total Repairs and maintenance 138.18 Tools & Machinery 768.96 Travel & Entertainment Travel 31,769.00 Lodging 7,047.97 Meek 1,706.39 Entertainment 835.20 Total Travel & Entertainment 41,358.58 Uniforms 28.00 Utilities Cable 363,96 Security Monitoring 97.30 Gas & Electric 2,929.78 Online 261,40 Trash 238.40 Water & Sewer 736.01 Total Utilities 4,628.85 Payroll Expenses Travel Bonus 200,00 Commissions 5,078.00 Performance Bonus 0.00 Salaries - Office 150,792.00 Taxes - FICA 10,969.32 Taxes - unemployment 1,008.00 Total Payroll Expenses 168,047.32 PA CAPITAL STOCK TAX -1,832.00 SALES & USE TAX EXPENSE 1,150.65 tax expense state 0.00 payroll 0,00 local 0.00 federal 0.00 Total tax expense 0.00 Total Expense 329,782.86 Net Ordinary Income 75,738.57 Other Income/Expense Other In come Finance charge income -532.42 Interest income 1,971.90 Total Other Income 1,439.48 Other Expense CORPORATE TAXES FEDERAL TAXES 30,000,00 PA CNI 11,226,00 Total CORPORATE TAXES 41,226.00 Pacre 2 9:32 AM SURFACE TECHNOLOGY, INC. 06/01/05 Profit & Loss Accrual Basis January 1 through December 1, 2000 Jan 1 - Dec 1, 00 Total Other Expense 41,226.00 Net Other Income -39,786.52 Net Income 35,952.05 Pane 3 ' 9:36 AM SURFACE TECHNOLOGY, INC. 06/01106 Profit & LOSS Accrual Basis January through Decembe r 2001 Jan - Dec 01 Ordinary Income/Expense Income Sales Sales - regular 557,665.89 Total Sales 557,665.89 Total Income 557,665.89 Cost of Goods Sold Cost of Goods Sold Job Materials 122,510.18 Subcontractors 146,127.28 Supplies 1,435.31 Freight & Delivery 3,617.32 Total Cost of Goods Sold 273,690.09 Total COGS 273,690.09 Gross Profit 283,975.80 Expense Bad Debt 1,733.06 Telephone Mobile Phone 3,037.52 Office Telephone 4,194.62 Total Telephone 7,232.14 Storage 90.00 Printing & Reproduction 759.57 ?dscapng 3,569.39 6,414.37 Advertising & Promotion 35,849.11 Auto and truck 7,231.21 Dues and subscriptions 4,057.75 Business / empl relationships 311.96 Insurance Service Charge 0.00 Life 0.00 Disability 179.36 Bond 532.00 Auto & Truck 2,999.00 Homeowners 243.33 Insurance - liablity 3,061.67 Insurance - workers comp 2,560.00 Insurance - Health 4,527.44 Total Insurance 14,102.80 Interest Finance Charge 4,742.63 Loan Interest 6,406.37 Total Interest 11,149.00 Bank fees 542.57 Professional Fees Bookkeeping Services 4,500.00 Accounting 12,961.40 Answering Service 1,099.49 Computer 932.77 Design 8,863.93 Legal Fees 4,771.77 Total Professional Fees 33,129.36 Licenses & Permits 347.00 Miscellaneous -333.43 Office supplies 3,892.05 Penalties 3.46 Postage & Delivery 517.86 Paqe 1 0:36 AM SURFACE TECHNOLOGY, INC. 06/01/06 Profit & LOSS Accrual Basis January through December 2001 Jan - Dec 01 Rent Rent - building 1,210.00 Rent - equipment 829.67 Total Rent 2,039.67 Repairs and maintenance Building Repairs 2,434.00 Total Repairs and maintenance 2,434.00 Travel & Entertainment Travel 4,573.11 Lodging 10,905.02 Meals 6,298.59 Entertainment 1,578.94 Total Travel & Entertainment 23,355.66 Utilities Cable 140.19 Security Monitoring -686.67 Gas & Electric 1,213.01 Online 924,71 Trash 101.57 Water a Sewer 229.87 Total Utilities 1,920.68 Depreciation 15,460.36 Payroll Expenses Travel Bonus 0.00 Commissions 0.00 Performance Bonus 1.00 Salaries - Office 162,403.02 Taxes - FICA 10,960.65 Taxes - unemployment 886.60 Total Payroll Expenses 174,251.27 SALES S USE TAX EXPENSE 471.63 Total Expense 350,532.50 Net Ordinary Income -66,556.70 Other Income/Expense } Other income Interest income 2,097.28 Total Other Income 2,097.28 Other Expense CORPORATE TAXES FEDERAL TAXES _3,686.00 Total CORPORATE TAXES -3,686.00 Total Other Expense -3,686.00 Net Other Income 5,783.28 Net Income 40,773.42 Page 2 9:37 AM 06/01/05 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss January through December 2002 Jan - Dec 02 Ordinary Income/Expense Income Sales Sales - regular 598,208.70 Total Sales 598,208.70 Total Income 598,208.70 Cost of Goods Sold Cost of Goods Sold Warranty 5,607.19 Job Materials 96,327,27 Subcontractors 207,758.30 Supplies 2,440.70 Freight & Delivery 5,003.12 Total Cost of Goods Sold 317,136.58 Total COGS 317,136.58 Gross Profit 281,072.12 Expense Bad Debt 8,350.00 Telephone Mobile Phone 2,425.23 Office Telephone 4,215.24 Total Telephone 8,640.47 Printing d Reproduction 617,87 Landscapng 1,311.52 Fun 3,911.20 Donations & Contributions 0.00 Bond Expense 4,321.05 Advertising & Promotion 6,113.14 Auto and truck 12,600.87 Dues and subscriptions 4,546.59 Business / empl relationships 267.96 Insurance Service Charge 364,00 Ufa -16.64 Disability 16.64 Auto & Truck 1,446.55 Homeowners 219.52 Insurance - Nabilty 1,925.11 Insurance - workers comp 967.00 Insurance - Health 4,003.86 Total Insurance 8,926.04 Interest Finance Charge 500,16 Loan Interest 7,741.81 Total Interest 8,241.97 Bank fees 167.14 Professional Fees Accounting 1,715.00 Answering Service 1,411.21 Computer 754.95 Legaf Fees 8,921.37 Total Professional Fees 12,802.53 Licenses & Permits 189.00 Miscellaneous 65.00 Office supplies 2,024.06 Postage S Delivery 433.28 Rent Rent - building 1,855.00 Pate 1 I A:37 AM 06/01/05 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss January through December 2002 Jan - Dec 02 Rent - equipment Total Rent Repairs and maintenance Building Repairs Repairs and maintenance - Other Total Repairs and maintenance Seminars and education Travel & Entertainment Travel Lodging Meals Total Travel & Entertainment Utilities Cable Security Monitoring Gas A Electric Online Trash Water S Sewer Total Utilities Depreciation Payroll Expenses Performance Bonus Salaries - Office Taxes - FICA Taxes - unemployment Total Payroll Expenses SALES & USE TAX EXPENSE Total Expense Net Ordinary Income Other Income/Expense Other Income Gain on Sale of Assets Finance charge Income Interest Income Total Other Income Net Other Income Net Income 1,253.66 3,108.66 38.32 275.21 313.53 20.00 1,128.93 2,810.95 377.55 4,317.43 292.86 141.26 1,344.89 1,965.41 104.56 nee. 4,107.25 9,950.00 0.00 160,220.02 11,072.93 O AC - 172,139.47 2,281.60 277,767.63 3,304.49 5,757.00 0.00 1,311.21 7,068.21 7,068.21 10,372.70 Page 2 9:38 AM SURFACE TECHNOLOGY, INC. 06/01/05 Profit & Loss Accrual Basis January through December 2003 Jan - Dec 03 Ordinary Income/Expense Income Sales Sales - regular 786,304.63 Total Sales 766,304.63 Total Income 786,304.63 Cost of Goods Sold Cost of Goods Sold Warranty 1,750.00 Job Materials 122,302.72 Subcontractors 264,491.14 Supplies 2,679.35 Freight & Delivery 6,000.17 Total Cost of Goods Sold 397,223,38 Total COGS 397,223.38 Gross Profit 389,081.25 Expense Bad Debt 45,201.40 Telephone Mobile Phone 2,720.61 Office Telephone 4,080.26 Total Telephone 6,800.87 Printing & Reproduction 384.85 Landscapng 1,113.28 Fan 4,589.16 Bond Expense 3,030.00 Advertising & Promotion 25,039.84 Auto and truck 9,530.61 Dues and subscriptions 7,282.63 Business / empl relationships 495.02 Insurance Service Charge 404.60 Personal Art 0.00 Ufe 82.80 Auto & Truck 4,141.00 Homeowners 344.22 Insurance - Ilabilty 2,022.22 Insurance - workers comp 1,283.00 Insurance - Health 6,551.53 Total Insurance 14,829.37 Interest Finance Charge 99.00 Loan Interest 6,739.06 Total Interest 6,838.06 Bank fees 148.84 Professional Fees Accounting 4,754.00 Answering Service 1,598.30 Legal Fees 10,616.13 Total Professional Fees 16,968.43 Ucenses & Permits 285.75 Miscellaneous 109.48 Office supplies 3,404.70 Postage A Delivery 765.73 Rent Rent - building 2,699.19 Rent - equipment 1.951.27 Paae 1 I . 9:38 AM 06/01/05 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss January through December 2003 Jan - Dec 03 Total Rent Repairs and maintenance Equipment Repairs Building Repairs Total Repairs and maintenance Travel S Entertainment Travel Lodging Meals Entertainment Total Travel S Entertainment Utilities Cable Security Monitoring Gas i Electric Online Trash Water S Sewer Total Utilities Depreciation Payroll Expenses Nason project payroll exp Performance Bonus Salaries - Office Taxes - FICA Taxes - unemployment Total Payroll Expenses SALES & USE TAX EXPENSE Total Expense Net Ordinary Income Other Income/Expense Other means Finance charge income Interest Income Total Other Income Net Other Income Net Income 4,650.46 2,216.54 32.16 2,248.70 1,242.24 4,828.84 1,528.95 117.00 7,717.03 417.90 297.82 1,298.23 4,937.18 133.39 311.42 7,395.94 17,011.91 8,892.36 0.00 161,014.02 12,191.80 n ?. -r. 184,351.95 2,867.38 372,841.39 16,239.86 9,402.17 442.97 9,845.14 9,845.14 26,085.00 Page 2 9:40 AM SURFACE TECHNOLOGY, INC. 06/01/05 Profit & Loss Accrual Basis January through December 2004 Ordinary IncomelExpense Income Sales Sales - regular Total Sales Total Income Cost of Goods Sold Cost of Goods Sold Warranty Job Materials Subcontractors Supplies Freight & Delivery Total Cost of Goods Sold Total COGS Gross Profit Expense Telephone Mobile Phone Office Telephone Total Telephone Printing & Reproduction Landscapng Fuel Advertising 3 Promotion Auto and truck Dues and subscriptions Business / empl relationships Insurance Service Charge Life Auto & Truck Homeowners Insurance - Ilabilty Insurance - workers comp Insurance - Health Total Insurance Interest Finance Charge Loan Interest Total Interest Bank fees Professional Fees Accounting Answering Service Computer Legal Fees Total Professional Fees Licenses & Permits Miscellaneous office supplies Office Furniture Postage & Delivery Rent Rent - building Rent - equipment Total Rent Jan - Dec 04 1,607,538.20 1,607,538.20 1,607,538.20 85.65 264,930.37 527,255.98 1,529.64 11,944.91 805,746.55 805,746.55 801,791.65 3,971.32 5,045.95 9,017.27 310.62 12,066.82 6,801.99 24,363.19 11,269.99 6,897.27 273.96 260.00 111.20 3,762.00 369.69 3,150.00 1,022.00 10,275.27 18,950.16 1,010.88 3,977.08 4,987.96 109.77 8,500.00 1,859.52 2,677.50 32,322.51 45,359.53 304.50 76.00 3,711.63 0.00 727.37 3,360.00 2,566.45 5,926.45 Pane 1 9:40 AM 06/01/05 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss January through December 2004 Jan - Dec 04 Repairs and maintenance Equipment Repairs 457.22 Building Repairs 185.62 Repairs and maintenance - Other 3,305.00 Total Repairs and maintenance 3,947.84 Seminars and education 20.00 Tools & Machinery 64.72 Travel A Entertainment Travel 4,492.16 Lodging 12,434.28 Meals 1,831.71 Entertainment 281.16 Total Travel A Entertainment 19,039.31 Utilities Cable 428.99 Security Monitoring 246.44 Gas & Electric 1,731.28 Online 5,903.34 Trash 81.02 Water & Sewer 283.18 Total Utilities 8,674.25 Depreciation 32,244.79 Payroll Expenses SEP - Tammy Byrne 5,713.75 SEP233940340 41,000.00 SEP173387356 37,767.70 Performance Bonus 0.00 Salaries - Office 351,200.79 Taxes - FICA 17,984.08 Taxes - unemployment 1,980.51 Total Payroll Expenses 455,646.83 SALES & USE TAX EXPENSE 8,453.68 Total Expense 679,245.90 Net Ordinary Income 122,545.75 OtherIncome/Expense Other Income Finance charge Income -3,694.29 Interest income 2,185.01 Total Other Income -1,529.28 Net Other Income -1,529.28 Met Income 121,015.47 Paqe 2 'i-69 AM SURFACE TECHNOLOGY, INC. 06101106 Profit & LOSS Accrual Basis July 25 through December 25, 2000 Jul 25 - Dec 25, 00 r, Ordinary Income/Expense Income Sales Sales - regular Sales - Other Total Sales Total Income Cost of Goods Sold Cost of Goods Sold Job Materials Subcontractors Supplies Freight & Delivery Cash Discounts Total Cost of Goods Sold Total COGS Gross Profit Expense uncategorized Expenses Telephone Mobile Phone Office Telephone Pager Total Telephone Storage Printing & Reproduction Parking & tolls Landscapng Fuel Expense Advance Advertising & Promotion Auto and truck Dues and subscriptions Insurance Service Charge Personal Art Life Disability Bond Auto & Truck Homeowners Insurance - Ilabiity Insurance - workers comp Insurance - Health Total Insurance Interest Finance Charge Loan Interest Total Interest Bank fees Professional Fees Bookkeeping Services Accounting Answering Service Computer Legal Fees Total Professional Fees Licenses & Permits 893,026.15 3,709.00 896,735.15 896,735.15 168,634.32 276,194.90 261.66 6,420.37 -355.84 451,155.41 451,155.41 445,579.74 0.00 4,662.82 6,712.24 257.05 11,632.11 251.94 919.45 81.36 2,244.83 6,073.79 55.00 25,270.06 6,741.89 1,564.37 9.00 88.92 2,561.00 835.68 200.00 5,250.24 728.83 2,108.62 571.00 12,184.73 24,538.02 2,590.62 856.84 3,447.46 295.64 9,500.00 7,970.00 757.61 298.13 11.004 70 29,530.44 194.00 Pane 1 f9:59 AM SURFACE TECHNOLOGY, INC. 06/01/05 Profit & Loss Accrual Basis July 25 through December 25, 2000 Jul 26 - Dec 25, 00 Miscellaneous -166.69 Office supplies 2,747.54 Office Furniture 1,851.82 Penalties -0.55 Postage & Delivery 252.06 Rent Rent - building 930.00 Rent - equipment 5,647.87 Rent - Other 220.00 Total Rent 6,797.87 Repairs and maintenance Building Repairs 138.18 Total Repairs and maintenance 138.18 Tools S Machinery 768.96 Travel S Entertainment Travel 32,286.17 Lodging 7,132.22 Meals 1,931.55 Entertainment 842.20 Total Travel & Entertainment 42,192.14 Uniforms 28.00 Utilities Cable 398.53 Security Monitoring 160.30 Gas & Electric 2,929.78 Online 303,30 Trash 238.40 Water S Sewer 818.01 Total Utilities 4,848.32 PayroN Expenses Travel Bonus 200,00 Commissions 5,712.00 Performance Bonus 2,800.00 Salaries - Office 164,867.00 Taxes - FICA 11,897.13 Taxes - unemploymerrt 1,183.00 Total Payroll Expenses 186,459.13 PA CAPITAL STOCK TAX -1,832.00 SALES S USE TAX EXPENSE 1,213.55 tax expense state 0.00 Payer 0.00 local 0.00 federal 0.00 Total tax expense 0,00 Total Expense 358,118.49 Net Ordinary Income 87,461.25 Other Income/Expense Other Income Finance charge income -532.42 Interest income 1,971.90 Total Other Income 1,439,48 Other Expense CORPORATE TAXES FEDERAL TAXES 30,000.00 PA CNI 11,226.00 Total CORPORATE TAXES 41,226.00 Page 2 "9:59 AM SURFACE TECHNOLOGY, INC. 06/01/05 Profit & LOSS Accrual Basis July 25 through December 25, 2000 Jul 26 - Dec 25, 00 Total Other Expense 41,226.00 Net Other Income -39,786.52 Net Income 47,674.73 Page 3 1A:00 AM SURFACE TECHNOLOGY, INC. 06/01105 Profit & Loss Accrual Basis July 25 through December 25, 2001 Jul 25 - Dec 25, 01 Ordinary Income/Expense Income Sales Sales - regular 325,340.00 Total Sales 325,340.00 Total Income 325,340.00 Cost of Goods Sold Cost of Goods Sold Job Materials 50,808.35 Subcontractors 81,431.49 Supplies 1,411.66 Freight & Delivery 2,900.22 Total Cost of Goods Sold 136,551.72 Total COGS 136,551.72 Gross Profit 188,788.28 Expense Telephone Mobile Phone 959.76 Office Telephone 1,910.98 Total Telephone 2,870.74 Printing & Reproduction 159.55 Landscapng 558.74 Fuel 1,711.05 Advertising & Promotion 24,746.64 Auto and truck 2,476.65 Dues and subscriptions 2,192,75 Business / empl relationships 311.96 Insurance Service Charge 112.00 Life 4.60 Disability 83.20 Bond 532.00 Auto & Truck 3,288.95 Homeowners 109.45 Insurance - Ilabilty 2,945.00 Insurance - workers comp 722,00 Insurance - Health 1,080.00 Total Insurance 8,875.20 Interest Finance Charge 1,615.18 Loan Interest 3,860.42 Total Interest 5,475.60 Bank fees 76.26 Professional Fees Accounting 3,820.00 Answering Service 486.27 Design 8,863.93 Legal Fees 1,269.29 Total Professional Fees 14,439.49 Licenses 6 Permits 158.00 Miscellaneous -330.37 Office supplies 1,453.78 Postage & Delivery 218.16 Rent Rent - building 550.00 Total Rent 550.00 Travel & Entertainment Page 1 1 0, ?1r6:00 AM SURFACE TECHNOLOGY, INC. 06/01/05 Profit & Loss Accrual Basis July 25 through December 25, 2001 Jul 26 - Dec 23, 01 Travel 398.44 Lodging 4,618.31 Meals 2,530.77 Entertainment 864.91 Total Travel & Entertainment 8,412.43 Utilities Cable 62.26 Security Monitoring _730.67 Gas & Electric 657.30 Online 332.08 Trash 25.34 Water & Sewer 102.65 Total Utilities 448.96 Depreciation 6,393.90 Payroll Expenses Performance Bonus 0.00 Salaries - Office 66,323.47 Taxes - FICA 3,610.49 Taxes - unemployment 60.91 Total Payroll Expenses 69,994.87 SALES & USE TAX EXPENSE 229.01 Total Expense 151,423.37 Net Ordinary Income 37,364,91 Other Income/Expense Other Income Interest Income 1,454.71 Total Other Income 1,454.71 Net Other Income 1,454.71 Net Income 38,818.62 Page 2 9:52 AM 06/01/05 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss July 25 through December 25, 2002 Jul 25 - Dec 26, 02 Ordinary Income/Expense Income Sales Saks - regular 179,744.95 Total Sales 179,744.95 Total Income 179,744.95 Cost of Goods Sold Cost of Goods Sold Job Materials 53,858.57 Subcontractors 68,970.92 Supplies 1,730.72 Freight S Delivery 2,004.41 Total Cost of Goods gold 126,564.62 Total COGS 126,564.62 Gross Profit 53,180.33 Expense Bad Debt 8,350.00 Telephone Mobile Phone 1,037.61 Office Telephone 1,753.02 Total Telephone 2,790.63 Printing 3 Reproduction 30.00 Landscapng 568.65 Fuel 1,701.80 Advertising & Promotion 18,147.24 Auto and truck 3,689.80 Dues and subscriptions 3,314.90 Business / empi relationships 267.96 Insurance Service Charge 140.00 Life 9.20 Auto i Truck 1,914.00 Homeowners 74.97 Insurance - liabiity 1,635,67 Insurance - workers comp -41.00 Insurance - Health 1,593.86 Total Insurance 5,326.70 Interest Loan Interest 3,427.88 Total Interest 3,427.88 Bank fees 48.33 Professional Fees Accounting 3,090.00 Answering Service 716.27 Legal Fees 8,754.41 Total Professional Fees 12,560.68 Office supplies 850.56 Postage & Delivery 165.07 Rent Rent - building 870.00 Rent - equipment 885.28 Total Rent 1,755.28 Repairs and maintenance 275.21 Seminars and education 20.00 Travel S Entertainment Travel 1,109.18 Meals I OR RR Paoe 1 1 - 9:52 AM 06/01/05 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss July 25 through December 25, 2002 Jul 25 - Dec 25, 02 Total Travel & Entertainment 1,218.06 Utilities Cable 145.76 Security Monitoring 141.26 Gas & Electric 528.43 Online 1,087.98 Trash 26.36 Water & Sewer 139.75 Total Utilities 2,069.54 Payroll Expenses Performance Bonus 0.00 Salaries - Office 67,878.47 Taxes - FICA 4,008.49 Taxes - unemployment 59.08 Total Payroll Expenses 71,946.02 SALES A USE TAX EXPENSE 316.85 Total Expense 138,841.18 Net Ordinary Income -85,660.85 Other Income/Expense Other Income Finance charge income -22.00 Interest Income 26,79 Total Other income 4.79 Net Other Income 4.79 Net Income -85,656.06 Paqe 2 ,10:02 AM 06/01/05 Accrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss July 25 through December 25, 2003 Jul 25 - Dec 25, 03 Ordinary InconwExpense Income Sales Sales - regular 302,996.63 Total Sales 302,996.63 Total Income 302,996.63 Cost of Goods Sold Cost of Goods Sold Warranty 750.00 Job Materials 72,044.41 Subcontractors 104,192.99 Supplies 520.90 Freight & Delivery 2,127.38 Total Cost of Goods Sold 179,635.68 Total COGS 179,635.68 Gross Profit 123,360.95 Expense Telephone Mobile Phone 752.21 Office Telephone 1,732.87 Total Telephone 2,48508 Printing & Reproduction 8.46 Landscapng 461.09 Fuel 2,450.32 Bond Expense 3,030.00 Advertising & Promotion 5,883.94 Auto and truck 4,550.75 Dues and subscriptions 4,611.59 Buskmess / ampl relationships 495.02 Insurance Service Charge 144.00 Personal Art 13.17 Life 36.80 Auto S Truck 4,141.00 Homeowners 253.80 Insurance - Ilabt Insurance - Health 2,523.37 Total Insurance 8,729.03 Interest Loan Interest 2,281.39 Total Interest 2,281.39 Bank fees 62.76 Professional Fees Answering Service 763.40 Legal Fees 8,563.81 Total Professional Fees 9,327.21 Licenses & Permits 93.75 Miscellaneous 000 Office supplies 2,083.06 Postage & Delivery 351.76 Rent Rent - building 1,379.19 Rent - equipment 1,711.09 Total Rent 3,090.28 Repairs and maintenance Building Repairs 32.16 Paae 1 . 10:02 AM SURFACE TECHNOLOGY, INC. 06/01/05 Profit & Loss Accrual Basis July 25 through December 25 , 2003 Jul 25 - Dec 25, 03 Total Repairs and maintenance 32.16 Travel & Entertainment Travel 233.42 Lodging 2,099.95 Meals 34330 Entertainment 97.00 Total Travel & Entertainment 2,773.67 Utilities Cable 166.43 Gas & Electric 673.27 Online 3,382.00 Trash 79.75 Water S Sewer 221.01 Total Utilities 4,522.46 Payroll Expenses Perionnance Bonus 0 00 ' Salaries - Office . 68,308.47 Taxes - FICA 4,419.56 Taxes - unemployment 11704 Total Payroll Expenses 72,845.07 SALES A USE TAX EXPENSE 138,12 Total Expense 130,286.97 Net Ordinary Income -6,926.02 Other Income/Expense Other Inc ome Finance charge Income 611245 Total Other Income 6,112.45 Net Other Income 6,112.45 Net income -813.57 Page 2 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Motion to Compel Discovery was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Michael E. Greenblatt 2001 Carlton Place Lancaster, PA 17601 MARTSON DEARDORFF WILLIAMS & OTTO Y n is D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 29, 2006 C3?7 A.. 1 , ?I . a - 'r- CD V Y MICHAEL E. GREENBLATT, Plaintiff V. TRAVIS YOUNG and ROADWAY EXPRESS, INC., Defendants JUL 0 3 2o0s„m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3471 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW this SK day of2006, arule is issued upon Plaintiff to show cause why Defendant's Motion to Compel Discovery should not be granted. RvG`t R4.1ukK3A(3(j_ 2.o d.7-?.s 4SSCj%j«<., cc: Pro Se Plaintiff: Defendant: ;0`11mias ael E. Greenblatt J. Williams, Esquire A p'1 BY THE COURT, ??1; t ,a?? ??_ ?c ?{l 1??1"1 ?- ?€?`f" Uri Created: 9/21/04 0:MPM Revised, ]/14/06 1123A Thom s J. Williams, Esquire MAR SON DEARDORFF WILLIAMS & OTTO I.D. 17$12 10 EasHigh Street Carlisl , PA 17013 (717) 43-3341 TRA for Defendant Travis Young E.GREENBLATT, Plaintiff YOUNG and ROADWAY S, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3471 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Travis Young certifies that: a notice of intent to serve the subpoena with acopy ofthe subpoena attached thereto was to be delivered to each party at least twenty days prior to the date on which the subpoena is sought a copy of the notice of intent, including the proposed subpoena, is attached to this no objection to the subpoena has been received, and notice 4) the subpoena which will be served is identical to the subpoena which is attached to the f intent to serve the subpoena. MARTSON DEARDORFF WILLIAMS & OTTO BY 2 Thomas J. Wil ams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: J ly 14, 2006 Attorneys for Defendant Travis Young f FILES?Dd"1>PILET....n... r7s37\Cunwnt\153\nmicroliivrni Cruiad. 9,'0104 )'OPM RsIsN 6 Ca 117PM Thoma J. Williams, Esquire MART ON DEARDORFF WILLIAMS & OTTO I.D. 17 12 10 East High Street Carlisle, PA 17013 (717) 2 3-3341 Attornys for Defendant Travis Young E.GREENBLATT, Plaintiff TRA YOUNG and ROADWAY 3, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3471 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Travis Young intends to serve a subpoena identical to the one that is attached to this notice. the have twenty (20) days from the date listed below in which to file of record and serve upon ned an objection to the subpoena. If no objection is made, the subpoena may be served. MARTSON DEARDORFF WILLIAMS & OTTO oall Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Travis Young Date: J ne 23, 2006 CONMIOWTALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL E. GREENBLATT, Plaintiff v . File No. 04-3471 TRAVIS YOU G and ROADWAY EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Bank of Lancaster County. P.O. Box 700. Strasburg PA 17579 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the wing documents or things: Greenblatt from January 1, 2000, to the 10 East High Street. Carlisle. PA 17017 (Address) You may deliver or mail legible copies of the documents or produce things requested by this bpoena, together with the certificate of compliance, to the party malting this request at the address listed ove. You have the right to seek in advance the reasonable cost of preparing the copies or producing the ngssought If you fail to produce the documents or things required by this subpoena within twenty (20) days er its service, the party serving this subpoena may seek a court order compelling you to comply with it. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: OURT ID# 17512 FOR: Defendant Travis Young BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy CERTIFICATE OF SERVICE Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Certificate ofCompliance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Michael E. Greenblatt 2001 Carlton Place Lancaster, PA 17601 MARTSON DEARDORFF WILLIAMS & OTTO y ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ¢uly 14, 2006 a ? a il '? __. <. .l _.. C_: „, ? `? ['r C `; 1F;OIXS1DATAFlLE\Pro .iw7t37\CWM\163\p,a pekde Cee d: 9/20/04 0:06PM Revised: "//27106 4: 1/PM Thomas J. Williams, Esquire I.D. 17512 Hillary A. Dean, Esquire I,D.92878 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Travis Young MICHAEL E. GREENBLATT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3471 CIVIL ACTION - LAW TRAVIS YOUNG, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please file with the record the attached deposition transcript of Michael E. Greenblatt dated October 5, 2005. Date: 41A7lob MARTSON DEARDORFF WILLIAMS & OTTO 13 ??IJot/1M' ?. ?'IWV omas J. Wi iams, squire Hillary A. Dean, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant y C? CERTIFICATE OF SERVICE L TriciaD. Eckenroad, an authorized agent for Matson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Michael E. Greenblatt 2001 Carlton Place Lancaster, PA 17601 MARTSON DEARDORFF WILLIAMS & OTTO y - , ncia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 27, 2006 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL E. GREENBLATT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-3471 : CIVIL ACTION - LAW TRAVIS YOUNG, . Defendant. : JURY TRIAL DEMANDED DEPOSITION OF: MICHAEL E. GREENBLATT TAKEN BY: Defendant BEFORE: Tammy L. Bock, Court Reporter, Notary Public DATE: October 5, 2005, 11:00 a.m. PLACE: Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, Pennsylvania APPEARANCES: BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: D. HOLBROOK DUER, ESQUIRE FOR - PLAINTIFF MARTSON, DEARDORFF, WILLIAMS & OTTO BY: THOMAS J. WILLIAMS, ESQUIRE FOR - DEFENDANT Reporting Services 57 • 717-258-3657 • 717-258-0383 fax courtreporters4u @ad com 2 1 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEX TO TESTIMONY DEPONENT EXAMINATION PAGE Michael E. Greenblatt By Mr. Williams 3 By Mr. Duer 104 INDEX TO EXHIBITS NO. DESCRIPTION PAGE 1 Packet 3 2 W-2 3 3 • I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are hereby waived; and that all objections except as to the form of the question are reserved to the time of trial. (Greenblatt Deposition Exhibits Nos. 1 and 2 were marked.) MR. WILLIAMS: We had issued discovery for some of the plaintiff's business records and financial records from his business, which we received this morning that I have not had a chance to review yet. And we have agreed that, in the event the review of those records generates the need for some further questioning of Mr. Greenblatt, that we will call him back to supplement this deposition. MR. DUER: That's right. MR. WILLIAMS: Okay. With that, you can swear in the witness. MICHAEL E. GREENBLATT, called as a witness, being duly sworn, was examined and testified as follows: EXAMINATION BY MR. WILLIAMS: 4 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Mr. Greenblatt, we've just been introduced, but my name again is Tom Williams. I'm representing Travis Young in the lawsuit you filled in Cumberland County Court against him. I'm going to be asking you some questions concerning the allegations you've made in that lawsuit. In response to those questions, I'd like you to provide me with all the information that you have. Okay? A Okay. Q However, if your information, if the information in your answer is based upon something that you heard or that you read, please tell me that as part of your answer; otherwise, we'll assume your answer is based upon your own personal knowledge. Okay? A Okay. Q Have you ever given any prior testimony in, any prior testimony at all? A Yes. Q And what type of proceedings? A Civil case. Q What kind of civil case? A Construction related. Q What kind of testimony did you give, trial testimony or a deposition? A Both. Q How many times have you testified? 5 LI • L J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Less than a half a dozen, I would say. Q And these cases, were you a party to them? A Yes. Q And were you the plaintiff or the defendant? A Both. Q In approximately six different cases, you said? A Yes. Q Okay. Were they suits over money, I presume? A Yes. Q Okay. And in all of the cases, you were a party, either defendant or the plaintiff? A Yes. Q All right. Well, then you probably know this, but I want to take a minute just to go over a couple basics; one is that the stenographer seated here is taking down every word that we say, and because she can only record wha t one person says at a time, we'll take turns. Okay? A Okay. Q So I promise to wait until you finish your answer before I ask the next question if you promise to wait until I finish my question before you give the answer. Okay? A Okay. Q And we're doing real good so far at speaking 6 0 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 words instead of nodding or shrugging. Although I can understand those gestures, you understand that all the answers have to be given verbally? A Yes. Q If you don't know the answer to a question, I'd ask that you not guess at it. Just say you don't know, and I will go on and ask another question. Okay? A Okay. Q Similarly, if you don't understand the question, again, don't try to answer it. Just say you don't understand it, and I'll rephrase the question until you do understand it. Okay? A Okay. Q Similarly, if you don't hear the entire question, again, don't try to answer it. Just say you didn't hear it all, and I'll have the question repeated for you. Okay? A Okay. Q We want you to be comfortable here today, so if at any time you want to take a break, please tell us that, and we'll adjourn until you're ready to continue. A Okay. Q Do you have any difficulty concentrating here this morning, if it was lack of sleep or work or medication or for any reason whatsoever? 7 11 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q Are you under the influence of medication that might perhaps make you drowsy? A No. Q You feel okay today? A Yes. Q With regard to the prior litigation that you described, would you just briefly explain the type of cases they were, other than construction, going into a little bit more detail? A Collection primarily. Q When you say collection, is that where you've done work for somebody or delivered supplies to somebody and they didn't pay you and you had to sue them for it? A Yes. Q And because you said you went to trial, I assume the other party, whoever it was that you sued, claimed that they didn't owe you the money? A Yes. Q Where were these cases? A Most have been in Pennsylvania; one was in New Hampshire. Q Are they all related to your present business? A Yes. Q And as far as the time period, can you give us a 8 0 • \_ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time period under which these particular prior litigations occurred? A Within the last ten years. Q All right. Would I be correct in saying that none of the cases involved an injury of any kind? A No. Q That's correct? A Yes. Q Okay. Prior to your coming here today, did you review any documents -- A No response. Q -- that is, in preparation for your deposition? A No. Q Prior to your coming in here today, did you discuss your testimony, the questions that might be asked of you, with anyone other than your attorney? A No. Q Where do you currently live? A 2001 Carlton Place, Lancaster, PA, 17601. Q Is that a house or apartment? A It's a house. Q Do you own? A Yes. Q And who did you live there with? A My wife and three children. 9 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And the ages of your children? A 17, 15 and 13. Q How long have you lived there on Carlton Place? A Ten years. Q And you are presently employed how? A I'm the president and CEO of Surface Technology, Inc. Q Is Surface Technology, Inc., a Pennsylvania corporation? A Yes. Q When was it incorporated? A 1988. Q Does anyone other than yourself own shares of it? A No. Q Is anyone other than yourself employed by it? A Yes. Q How many employees are there? A Five. Q And what do they do? A Administrative, sales, purchasing, various functions. Q All office related? A Yes. Q Where is your office located? 10 E 9 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It's -- I have an office at 2001 Carlton Place. Q Anyplace else? A No. Q Have you had that office the whole ten years you've lived there? A Yes. Q Who are the five employees? Could you give me their names, please? A Well, I would be one; Tammy Byrne, B-y-r-n-e; Kathleen Greenblatt with a K; Rebecca Greenblatt; Hannah Greenblatt, H-a-n-n-a-h, and I believe that's it. Q Kathleen is related to you how? A She's my wife. Q And Rebecca and Hannah? A Daughters. Q They're teenagers? A Yes. Q What do they do? A My older daughter answers the phone and other, you know, assistant, administrative type of details. My younger daughter does filing, office housekeeping, things of that nature. Q And Tammy? A Tammy is my bookkeeper. Q She works there at your home? 11 • E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q She related to you? A No. Q How long has Tammy been your bookkeeper? A Approximate four years. Q When you say bookkeeper, does she get herself, does she involve herself in any financial reports? A Yes. Q Do you do that also? A No. Q I'm going to show you what we've marked as Greenblatt Exhibit Number 1. You've seen this before, haven't you? A Yes. Q The attachments to it, after there's some photographs midway through, and then, if you see, begins some profit and loss statements? A Yes. Q Who prepared those? A I prepared those. When you asked if I get involved in preparing that, I thought you meant on a business type of basis, but I printed these myself. Q And would I be correct in saying that you printed them out for purposes of the litigation? A Yes. 12 0 E 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q They weren't something that you prepared in the normal and usual course of your business? A No. Q And Tammy would have done that? A Yes. Q All right. Those are done on a computer, are they not? A Yes. Q Is the computer networked or stand alone? A It's networked. Q And I just want to cover a couple things before I move on to this. Your daughters, Rebecca and Hannah, are they full-time employees? A Part time. Q And what is the basis of their work, how many hours a week? A About 20 hours. Q Okay. They get a paycheck and a W-2 form? A Yes. Q How long have they been working for you? A Rebecca, almost four years; and Hannah, almost two years. Q Okay. Other than their pay, are there any benefits of employment that they get, like health coverage or vacation or something like that? 13 L ?J 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, they're covered under my policy; and since they're students, they don't get any other extraordinary benefits, no. Q So they don't get any particular benefits because of their employment, but only because they're your daughter? A Exactly. Q How about Tammy? A Tammy does get health coverage, and she also does get vacation. Q okay. In addition to the employees of Surface Technology, Inc., does Surface Technology, Inc. employ any independent contractors? A Yes. Q Do you have readily at mind who they are? A Well, we employ numerous independent contractors, but we use some more than others. The question is do we? Is that -- Q Yes. A Yes, we do. Q And also part of that question was do you know, as you're sitting here today, who they are? A Yes. Q Can you tell me who they are? A Phil Mencer and Son, Inc.; Nelson Shotblasting. 14 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Those are two of our principal subcontractors. Q Can you estimate for us how many other subcontractors you would use in a year's time? A Depending upon the task, it could be less than a half a dozen. Q And when you say the task, what tasks do they do? A The two that I listed? Q Well, we can start with them. A Phil Mencer and Son provide labor and equipment for installation of epoxy floor coatings. Q And is it Nelson Shot? A Shotblasting. Q Shotblasting. Is that all one word? A Yes. Q Okay. What do they do? A They do preparation, concrete preparation services. Q Now, is Phil Mencer and Son and Nelson Shotblasting companies that you use on a regular basis, at least weekly? A Yes. Q And the other approximately half dozen subcontractors that you referred to, what do they do? A Some of them are similar tasks, but would be 15 U • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 more second tier contractors that we would use when we, you know, are busy or when the other gentlemen are busy. Q What is the nature of the business of Surface Technology, Inc.? A We do industrial flooring, coating and lining systems. Q I wonder if you could break that down in layman's terms and explain in a little bit more detail about what that involves. A Chemical impact and abrasion-resistant coatings for industry. Q Let me ask it this way: Is this a material like a carpet that you lay onto the floor; is it more like tiles; is it more like a liquid? A Fluid applied. Q What's the name of the fluid? A Epoxy resin. Q And what is the benefit to your customers of having epoxy resin applied on their floors? A Repair of concrete principally or for protection of concrete. Q Is this epoxy resin applied on a concrete surface? A Primarily, yes. Q And how do you charge for that? In other words, 16 • 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is it by the square yard or by the amount of material that you use or how long it takes? A Well, every project is different. We calculate labor and materials just like you would for any job. Q You mentioned sales and purchasing functions by the employees of Surface Technology, Inc. Who performs those functions? A I do the vast majority of sales. Purchasing is handled jointly by myself and Tammy. Q What kind of things do you purchase? A Raw materials, equipment, office supplies. Q Would kind of equipment? A Everything from diamond grinders to sundries, such as rollers and brushes. Q What else do you do beside sales and purchasing as the president and CEO of Surface Technology, Inc.? A Well, as a small company, I do a little bit of whatever is required at the time. Q Can you give me some examples of that? A It can be anything from delivering material to answering the phone. Q Do you ever help these contractors of yours by running a grinder or whatever? A Very rarely. Q When you say sales as part of your job, you're 17 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 talking about finding new customers that may benefit and want to purchase this epoxy resin flooring that you sell? A Yes. Q Was that what you were doing at Roadway when you were on your way there and had the accident? A We had an existing contract at the time with Roadway. Q And why were you going there if you had an existing contract? A It was a preconstruction walk-through. Q What does that mean? A That means we were reviewing details of the work that was going to be performed. Q With who? A The name of the gentleman escapes me right now. I don't believe his title was terminal manager, but I just can't remember right now. Q And when you use the term walk-through, do you mean to imply that you were actually going out on the site where the work was to be done and physically walk around there? A Reviewing with customer details, timing, things of that nature. Q Is that something that required your presence, or was it just something that you wanted to do? 18 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It was a predetermined appointment. Q I mean, is the nature of what you were going to do there something that could have been done over the telephone? A No. Q I take it that you had been at that location and driven on that road prior to the date of the accident? A At least one other time. Q Can you estimate for me, in the course of a week or whatever time period you would prefer, about how much time you'd spend in your office at your home as opposed to out on the road at customers' locations or prospective customers? A It varies greatly. Our business is, you know, all over in terms of the frequency of work; so if I was going to say on average, I'm probably in the office two days out of three. Q And when you're out of the office, what generally, how would you describe what you're doing? A When I'm in? Q No, when you're out. A When I'm out, oh, I'm typically making customer sales calls. Q Does your business have a cycle to it? A It can. We're typically busiest around holiday 19 r 1 LJ J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 periods. Q When you say busiest, do you mean busiest gathering new customers or busiest doing the work of installing the epoxy resin on these concrete floors? A Busiest installing. Q So when you say there's, the cycle tends to be busiest during the holidays, you're talking about the installation? A Yes. Q Does your business have a geographical area to it? A We service nationwide, but the preponderance of our business comes within about a 200-mile radius of Lancaster. Q I guess it would be fair to say that when you leave your office to go out on these sales calls, you drive? A Most of the time. Q There are times when you would take a flight? A Yes. Q How do you locate the prospective customers or businesses? A Internet is a big vehicle for us in advertising, trade journals, Yellow Pages. Q When you say things like trade journals and 20 i 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Yellow Pages, do you mean that you look in the trade journals and Yellow Pages or that other people look in them to find you? A We advertise. Q Who are your chief competitors? A Stonehard, Durex Coverings. That'd be about it in Central Pennsylvania. Q When you make sales calls, do your customers typically, are they considering other proposals at the time? A They may be. It's -- we typically do a high-end installation, so it's possible we may not have competition on any one particular job. Q What do you mean by a high-end installation? A We do -- we don't do a lot of commercial-style work, so in the industrial sector, we don't have a lot of competition. Q Do you mean you do primarily industrial as opposed to commercial? A Yes. Q And the companies you described, Stonehard and Durex Covering, they primarily are commercial? A Durex does a lot of commercial work; Stonehard is more industrial. Q Where is Stonehard located? 21 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Maple Shade, New Jersey. Q And Durex? A Brownstown, Lancaster County. Q Have you ever been affiliated with either of those two companies? A Yes. Q Which one of them? A Both. Q In what way were you affiliated? A I was an employee of both. Q When were you employed by Stonehard? A The exact dates, I can't recall; but I believe I started wi th them in, I want to say 1984. Q Okay. A And I was with them until around 1988. Q What did you do for them? A I was a territory manager. Q What duties did you perform as a territory manager? A Primarily sales. Q And when were you employed by Durex? A A relatively short period, between early 1988 and mid to late 1988. Q In what capacity? A In sales. 22 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When you left Durex, was that when you started your own business? A Yes. Q Had you resigned, or were you terminated? A It was a mutual dissolution. Q When you worked for Stonehard, what territory did you manage? A Lancaster, Lebanon and Berks Counties. Q And for Durex, what sales area did you work in? A Similar. I don't know if I had a defined territory at that time. Q In addition to your office, do you keep any equipment at your home? A No. Q Do you own any equipment? A Yes. Q What equipment do you own that's involved in the installation of this flooring? A I have vehicles, various installation equipment, mixers, grinders, sundry products. Q What vehicles does your company use in the performance of its business? A We have a Ford Econoline van; we have a GMC Yukon and a Acura MDX. Q Is that it? 23 E • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That's it now, yes. Q You don't keep any of those vehicles at your home? A The MDX and the Yukon, I do. Q Where is the Ford Econoline kept? A I have a storage facility. Q Where's your storage facility? A It's Security Self-Storage at the Intersection of Route 283 and 741 in Lancaster County. Q Is that also where the mixers, grinders, etcetera, are located? A Yes. Q Does Phil Mencer and Nelson Shotblasting have access to that storage facility? A Not autonomous access, no. Q What kind of access do they have? A Well, it's entried through a, both a combination of electronic security keypad and keyed lock, so from time to time, I may give them access to it. Q How do you give them access to it? A By providing them a key and the code number. Q So unless you provide them with the key and the code number, that means they can't get in there? A That's right. Q Do they get in there on a regular basis, in 24 0 I• LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fact? A No. Q When would they need to have access to equipment that you keep there? A Primarily only if I was not available. Q Well, even if you were available, how often do they use the equipment that you have stored at the -- what do you call it -- Security Self-Storage facility? A Well, a lot of the equipment that I have, they have duplicate equipment of the same type. Q So you're saying they don't need to use your equipment on every job because they can use their own equipment? A Yes. Q So under what circumstances then would they need to use your equipment? A Depending upon the size of the job, they may need extra equipment or material. Q Okay. The equipment that you have stored and that you own, or rather your company owns, is backup to what your contractors have? A Yes. Q Surface Technology, Inc., is that a C Corp? A Yes. Q What was your reasoning in making it a C Corp? 25 0 C u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A You'd have to ask my accountant. Q Who's your accountant? A Brett Tennis. Q T-e-double n-i-s? A Yes. Q Where's he located? A He's with Walls Dean. His address is on the envelope. MR. DUER: Here. I will get it for you. It's 2929 Lititz Pike, Lancaster, PA, 17606; and it's T-e-n-n-i-s. MR. WILLIAMS: And what envelope is that that you're referring to? MR. DUER: It's just an envelope that Mr. Greenblatt gave me with his tax returns. BY MR. WILLIAMS: Q I understand what counsel says, that Mr. Tennis does your tax returns for you? A Yes. Q Both your personal and your corporate? A Yes. Q What does he do besides that? A I don't understand what else you're referring to. Q Well, the accountants can perform a wide variety 26 I] E 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of functions. Some customers engage them for multiple functions, and some just want them to do something like prepare the tax return. What does your accountant do? A That's principally what he does. I can't say that he's not ever provided me any other services, but that's by far and away what I engage him to do. Q He doesn't do the bookkeeping for you? A No. That's done by Tammy. Q All right. Does he provide you with financial advice? A Yes, from time to time. Q I think you indicated that he was the one who advised you to keep this corporation as a C Corp and not elect a subchapter X. Is that correct? A Yes. Q And what was the reasoning that he gave you for doing that? A I can't recall. Q Do you recall discussing with your accountant the need to reduce the profit at the end of the year of the C Corp by creating certain expenses such as bonuses? A Reducing the profit? Q Um-hum. A No. I don't remember a discussion like that. Q You understand that profit of a corporation is 27 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 normally subject to federal taxation? A Yes. Q All right. Do you take measures at the end of the tax year to reduce the tax what might otherwise be payable on your corporation? MR. DUER: I'm going to object to the form of the question, but you can go ahead and answer it if you can. THE WITNESS: We principally contribute to a SEP account, which I understand has tax advantages and probably also reduces taxable income, if that's what you're referring to. BY MR. WILLIAMS: Q Well, that wasn't only what I was referring to. Let me ask some specific questions. Your Surface Technology, Inc. corporation is in a calendar tax year? A Yes. Q At the end of the year, do you discuss with your attorney, saying in December or thereabouts, what the financial situation looks like with regard to taxes? MR. DUER: Hang on. You said attorney. BY MR. WILLIAMS: Q I'm sorry. If I said attorney, I meant accountant. Do you discuss with your accountant? A He makes recommendations about certain aspects 28 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the business as any accountant would, yes. Q Well, give me an example of some of the recommendations that he makes towards the end of the year. A I think I just did. He typically recommends contribution to the SEP plan. Q And that's toward the end of the year? A Yes. Q Has he ever recommended to you the payment of bonuses at the end of the year? A We have paid bonuses, yes. Q Has the accountant ever recommended the payment of bonuses as a way to reduce corporate taxation? MR. DUER: I'm going to object to the form of this. Maybe we ought to define what bonus means, and it might make it easier to answer the question. BY MR. WILLIAMS: Q Okay. The payment out of corporate funds to you or members of your family. A I can't remember exactly the context, but, like I said, we have paid bonuses. Q Okay. Why do you pay bonuses? A I guess because the money was available to do so. Q Why not leave it in the corporation? A Again, you'd have to, you'd have to ask Brett. 29 '2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 0 25 Like I said, I'm not schooled in those areas. He discusses that with Tammy typically at the end of the year. Q You're telling me that as the president and CEO of the corporation, you're not aware of why your accountant recommends you pay bonuses at the end of the year? A Like I said, we probably never discussed it in that context. If it's prudent to do so, we do; and if not, we don't. Q So just so I'm clear on this, you and your accountant have never had a conversation as to the benefit of taking money out of the corporation for whatever reason, payment of bonuses or into a SEP plan, at the end of the year in connection with Federal Income Tax -- corporate income tax liability? A Well, I know that we've discussed the SEP plan relative to taxation, and relative to corporate versus individual income taxes, I know that there's potential for taxation either on the personal or on the corporate side. And I'm sure we have discussed that at some point, but I can't remember exactly when and, you know, what the context was. I typically, you know, heed his recommendations. He's done a good job for me in the past, and I concentrate on the business development side of the business. Q I know you would heed his recommendations, but that's not my question. My question is this: Did his 30 i 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recommendations include the payment of money from the corporation to you or to members of your family in order to reduce Federal Income Tax liabilities at the corporate level? A His recommendations have included the payment of bonuses in the past. If the sole purpose of that was to reduce corporate income tax, I'm not aware of that. It very well may have been. Q Okay. He never told you that then? Because if he told you that, then you'd be aware of that. So you're saying he never told you that? A I don't remember him saying that, no. Q Okay. How many bank accounts does Surface Technologies have? A Just one. Q And where is that? A Bank of Lancaster County. Q And at the time of this accident in, last year -- wait a minute. I think it was two years ago, 2002. You had the same bank account then? A Yes. Q Checking or savings account? A Checking. Q And when you -- is payroll checks or pay out of that account? 31 s 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And correspondingly, receipts that you receive from customer payments are paid out of that account? A Yes. Q Do you happen to know that account number offhand? A No. Q Who makes deposits into that account, you or your bookkeeper? A My bookkeeper primarily. I do occasionally. Q She gets the mail every day? A Yeah. Q And there's checks in the mail from customers of yours that are paying their bills? A Yes. Q To your knowledge, have any of chose checks that have been received in December been held over and deposited the next year? A Not that I know of. Q Is it conceivable to you that that would have happened and you would not have known of it? A You're talking about, like, a check that might be received on December 30th and not deposited until January 4th or something of that nature? Q or even earlier in December, even maybe December 32 11 E i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20th or December 26th and then, and held over and deposited the next year? A Typically receivables are deposited upon receipt. Q Next banking day? A Yes. Q Okay. A Or the same. Q And would there be any reason why that wouldn't happen short of a hurricane or a national disaster? A No. Q In addition to the checking account at the Bank of Lancaster County, does Surface Technologies have any other financial accounts of any kind, whether bank or anything else; brokerage accounts, money market accounts, anything like that? A We have a line of credit with Bank of Lancaster County. Q That's it? A Yes. Q Let me ask about you personally. What accounts do you personally have? A Bank accounts? Q Yes. Let's start with bank accounts. A Checking account, actually two checking, 33 0 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably three checking accounts; I have a brokerage relationship with Morgan Stanley. Those would be the principal financial arrangements. Q Where are your three checking accounts? A Bank of Lancaster County. Q All of them? A Yes. Q And the purpose of having three accounts is what? A I have one; my wife has one, and I have one that I use for intransient business expenses, out-of-pocket personal expenses that are reimbursed back to me, things of that nature. Q When you say business expenses, you're referring to payments from the corporation? A Right. Q And the first account you referred to as being yours, you are the sole owner of that account? A No. They're both joint with my wife and I, but for purposes of not bouncing checks, she has hers and I have mine. Q I understand that perfectly. You have two joint accounts, but one you use and one she uses? A Right. Exactly. Q And then you've got the business expense 34 E • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 account? A Right. Q Okay. Let me refer you to that sheet on Exhibit 1 that we've been referring to. The first page is a profit and loss statement for January 1 through December 1, 2000. Do you see that? A Yes. Q And this and then all the ones we're going to be talking about here today are reports that you printed from your records, correct? A Right. Q Why did you cut this off at January 1 instead of going to the end of your year on January 31? MR. DUER: You mean December 31? BY MR. WILLIAMS: Q Yes, December 31. A I'm not sure. Q Was it an inadvertent thing, or was it deliberate? A It could have been inadvertent. I would assume that it was started January 1. It was intended to go through December, so I'm not sure. Q You use QuickBooks for your accounting? A Yes. Q Are you familiar with that? 35 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q You use it in the course of your work in addition to Tammy, your bookkeeper? A Yes. Q Did you install it on your computer? A I think it was installed for me. Q By who? A Somebody that does computer work for me on a contract b asis. Q Well, who would that be? A I cannot recall his name right now. Q Do you recall when you installed QuickBooks or your contr actor installed it? A Well, the version that we have on now, I want to say maybe two years. We've used the program for several more years than that, but the most current version I think we've had is maybe two years old. Q Do you recall when it was installed that there was an opt ion to check audit? A No. I'm not an expert on QuickBooks. I mean, I have a cur sory knowledge of how to use it. Q Do you know what the term audit trail means? A I've seen it, but I don't know how it works. Q Would you have any way of knowing whether that option was selected on your installation of QuickBooks? 36 • r1 L...J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I wouldn't know. Q Who would know that? A Tammy might know that. Q Referring to the next statement, which is a Surface Technology, Inc. profit and loss, January through December of 2001, do you see that? A Yes. Q Is that meant to include the entire 12-month year? A I believe so, but I don't know for a fact. Q The next one is the same type of thing for '02. Is that your same answer, you believe so, but you don't know for a fact? A Yes. Q Same for '03, the next one? A Yes. Q Same for 104, the next one? A Yes. Q And then the next one is July 25 through December 25, 2000. Do you see that? A Yes. Q July 25 is the day after the accident? A Yes. Q I understand that. A Yes. 37 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Q Why did you select December 25 to cut that off? A That was supposed to be just a snapshot of a six-month period immediately after the accident. Q Well, it's for the year 2000, so you mean a corresponding period in the year 2000? A Yes, corresponding period, yes. I'm sorry. Q And the reports that follow that where you used December 25, that's the same? A Same thing, yes. Q Do you know, as you're sitting here today -- and I know you brought some records with you today that we haven't looked at, but whether there were receipts that came in between December 25, 2002 and the end of the year? A I don't know whether there were. It's possible that there were. Typically there's not a lot of receipts that last week of the year, but there could have been. Q Well, you testified earlier that your, if there are cycles to your business, one of the cycles are when the plants are shut down, correct? A Yes. Q And aren't many of them shut down at the end of the year? A Yes. Q So you would be doing presumably more work at the end of year than probably any other time during the 38 E L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 year, correct? A We're busy during that period, yes. Q And so it would be conceivable, would it not, that you would have received checks for that work that you were doing? A Well, no. Q If you would refer in the exhibit to page 5 of your attorney's letter, is this information that you provided to the attorney, the lost earnings for the past five years and how you calculated your loss claim? A I believe it was derived from information that I provided, yes. Q Is this a spreadsheet that you prepared, the part of the letter that has lost earnings for the last five months of 2002? MR. DUER: I can tell you I did it. MR. WILLIAMS: Okay. Thank you. BY MR. WILLIAMS: Q Mr. Greenblatt, when you received this, you obviously reviewed it, correct? A I believe I did see a copy of this, yes. Q And -- well, I mean, it has your name on it. MR. DUER: I'm going to object. What do you mean has his name on it? MR. WILLIAMS: As receiving a copy of it on the 39 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 last page. MR. DUER: Oh, okay. THE WITNESS: I think I testified that I did see it, yes. BY MR. WILLIAMS: Q All right. And did you agree with it, or did you have any questions with it? A I agreed with it, yes. Q Let me ask you about the accident. (A brief recess was taken.) BY MR. WILLIAMS: Q Okay. Back on the record here. I asked you about this accident. It happened July 24, 2002. I know why you were going to Roadway. Tell us what happened. A I entered the access road, the Roadway access road, and was rounding the bend just before it parallels the PA Turnpike. And right on the apex of the corner, just out of nowhere, the other gentleman's vehicle just came right across the curve and just hit me almost square on, slightly to the driver's side, and that's basically what happened. Q You say came across the curve? A Came across the curve, yes. Q Okay. Is that like cutting the curve short? A Kind of like cutting the corner, yes. 40 E • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And then he hit you, I think you said square on, but slightly to the driver's side. And what happened to your car when he did that? A It was pretty much totaled. Q When I say your car, was that your personal car or a company car? A It was registered to the company. Q The car you customarily drove though? A Yes. Q And referring again to that Exhibit 1 in front of you, there's some photocopies of photographs of the car. Can you take a look at them and tell me whether you think they're accurate? A Yes. Q Did you take those photographs? A No. Q Do you know who did? A Yes. Q Who? A The officer with the, I believe it's the Middlesex Township Police Department. Q These are police photos? A Yes. Q Okay. It looks like the damage is primarily on the left front of the car? 41 • • C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That's right. Q And then up, there's -- is that cracks in the windshield? A Yes. Q All right. What happened to the other car when it hit you? A My recollection is that it ended up on its side about, some distance down the road from where the impact was. Q Let me ask the question this way: Did the wheels of the other car go up over your left fender? A I believe so, just based upon the damage; but upon impact, my air bag deployed, so I didn't actually see any of that. Q Would it be -- well, let me ask the question this way: Did you see the other car before it hit you? A An instant. Q As you were driving down that road toward Roadway, did you see any oncoming traffic? A No, because at the point where I entered, I'm looking at the bank facing, or paralleling Pennsylvania Turnpike, and there was no traffic coming in that direction. MR. WILLIAMS: Could I have Young's exhibit, please? 42 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. WILLIAMS: Q I'm going to show you what's been marked as Young 1. First let me ask you, you were here for the deposition of Travis Young earlier this morning? A Yes. Q And you saw him draw this? A Yes. Q Do you recognize that as the area where the accident happened? A Yes. Q He shows, on the left side of the drawing, what would appear to be a road coming up to a curve and then going toward the Roadway parking lots and buildings? A Yes. Q And that would have been the way you were coming up toward the top of that drawing? A Yes. Q And you say you saw him for an instant before the impact, and my question is -- well, you also said that you couldn't see the oncoming traffic because, I think you said a bank. Where was the bank? A Well, without modifying his drawing, if I just point to it here. Q No, you can modify his drawing, but we need to go with a different colored pencil. Let's use a black pen 43 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here. MR. DUER: I may have a red one somewhere. BY MR. WILLIAMS: Q Okay. Good. That's even better. A Unfortunately I didn't get any of my mother's artistic ability. Q He didn't either. A Okay. The Pennsylvania Turnpike runs right here. Okay? So there's a fence that runs right along here. So I'm traveling in this direction, and there's a bank, I think that Mr. Young described, that leads up to this fence and the Pennsylvania Turnpike. That doesn't necessarily obstruct your view. I mean, that's not in the field of view of this portion of the road. However, as you would be traveling this way, which I guess would be -- if this is west, then this would be, as you're facing south -- or as you're entering from the south -- or from the north going south on the Roadway access road, to a certain point, your view of this straightaway, which is probably a half a mile long or longer, could be obstructed by buildings or so forth shortly up until you get to the corner. But as you clear this area here, the road is, you know -- I mean, if you look to the right, you should be able to see the entire length. 44 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q okay. Now, just to clarify for the record, you drew a solid red line across the top of the picture to indicate the Pennsylvania Turnpike? A Yeah. Q And below it, you drew a dotted line to indicate a fence, I think, which was the boundary to the turnpike? A Right. Q And now I can see you making movements with your pen on the line coming up in the direction you were traveling. I'd like you to just take that red pen and put a little arrow indicating where, the direction you were coming from. A Witness complies. Q All right. And where you put the arrow, are you indicating then that there was some obstructions to the visibility to your right down along the straightaway? A I don't really recall there being obstructions to visibility, but I know that there are buildings over here. And so I don't remember the view being obstructed other than the fact that, you know, certainly you cannot see, as you enter at this point here -- Q Why don't you put a little 1 with a circle where you're talking about? A Witness complies. Q Then put a little circle around it. 45 E • i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Witness complies. As you would enter at this point, I'm virtually certain that your view would be somewhat obstructed to look over to here. Q And when you say here, put a little 2 and a circle where you're pointing to here. A Witness complies. Midway down there, so as you would come closer to the corner, at some point you can see down the road there. Q And just to summarize what I think you said, you really can't see between point 1 and 2 because of obstructions, but as vehicles move along that road and get closer to the curve, at some point, you can see down the road? A Yes. Q And can you estimate for us about what point you can see down the road and see oncoming traffic? Would that be where you put the little arrow? A I would say somewhere in that neighborhood, yes. Q okay. So getting back to the question that I think started all this, were you able to see the oncoming traffic prior to the collision? A My recollection is that immediately upon visibility of the straightaway portion of the road, I was 46 • 0 L J IF- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 impacted. Q Okay. And the impact occurred, I think you said in the apex of the curve? A I'm assuming that that's proper terminology, but at the -- Q The middle of it? A The middle of the curve, yes. MR. DUER: I think apex isn't really the middle, so -- THE WITNESS: Isn't it? MR. DUER: Apex would be the top. Apex means top. THE WITNESS: Well, it could be top depending on how you're looking at it. MR. WILLIAMS: I knew what he meant. Well, I know what you're saying about the record. MR. DUER: Right. Apex isn't really the right word. BY MR. WILLIAMS: Q Would you say where the X was drawn by Mr. Young? A Yes. MR. DUER: There we go. THE WITNESS: It could have been slightly to -- because my vehicle ended up in the grass right about 47 0 u r1 L_J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here, so it could have been slightly beyond the curve, but very close to where he has the X. BY MR. WILLIAMS: Q And upon impact, the air bag deployed. Then what happened to your vehicle? Did it continue going, or did it come to a stop? A It came to a stop. Q Instantly upon impact? A Very shortly thereafter, yes. Q Then what happened? A Well, the vehicle was still running. I couldn't turn it off immediately because the vehicle was filled with smoke, and I couldn't extricate myself out the driver's side door. So my recollection is that I had to climb into the back seat and exit out of the right rear door. Q And how long did that take you? A It's hard to say. You know, I think that I was momentarily knocked unconscious, but it couldn't have been for more than a few seconds. I'm going to say I was out probably within two minutes. Q When you say momentarily unconscious, you're talking about the air bag now? A I'm just saying that, you know, it took me a minute or so to regain my senses. Q Were you injured? 48 11 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q How were you injured? A I had a cut on, small cut on my face. There was, immediately after the impact, there was blood around, so I didn't know immediately where it had come from. I was covered with glass. But upon examining myself once I got out of the vehicle, I had cuts on my arm, and I think there was a small cut on my face. Q Could you show me where that cut was on your face? A I don't know if it's visible, but I believe it was on the right-hand side close to the forehead. Q okay. Just kind of behind your right eyebrow? A That was my recollection, yes. I believe it was from the fl ying glass. Q Did you have any treatment for that? A I did go to Holy Spirit Hospital. Q What did they do for your eye cut, or your face cut rather? A I believe it was cleaned, bandaged, tetanus shot, that type of thing. Q okay. Did that heal up okay? A As far as I could tell, yeah. Q And your arm, where was your arm cut? A Right above the wrist. I can show you if you'd 49 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like. Yes, please. You can see some of the marks still remain in u Q A here. Q Oh, yeah. That's kind of a diagonal scar. I mean, it goes diagonally across the top of your arm? A Well, part of it is faded away, but I think there was a connection at one time across, but -- Q Is this it here? A Yes. That's part of it. Q And where is the other part? A It started over here, but you can't really see. It's kind of faded away in between. Q Okay. Do you have other scars? A No other scars, no. Q Okay. Does that scar that you just showed me on your right arm bother you? A Not in a physical way, no. Q In any way. Are you embarrassed by it or anything like that? A If I was a woman, it might be worse; but I can't say that I have a real social problem with it, no. Q Is that the extent of your injuries? A No. I had a fairly severe chest bruise, and I believe that the doctor thought that I may have had a 50 E E • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cracked rib, but the principal issue probably has to do with my neck because of the force of the impact. Q What about the force of the impact? I thought you said the air bag deployed. A Well, it did. Thank God. Q So your head went into the air bag? A Yes. Q And your neck, what happened to your neck? A Well, I was thrown back and forth, you know, based upon the collision and have had neck pain. There's a lot of discomfort, especially at night when I sleep. I have to use an orthopedic pillow. There's a lot of strange noises coming from my neck when I turn my head these days. Q Let's go back to your chest bruise. And I think we've got some, also on Exhibit 1, and maybe turn a couple pages earlier, there's some photographs, I think, of you, are they? A Unfortunately, yes. Q The police didn't take them, did they? A No. Q Who took them? A I believe that was taken by my wife. Q All right. And they are meant to illustrate the chest bruise. Is that why they were taken? A Yes. 51 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And where would the chest bruise be? A Well, it's a little more difficult to see in a black and white photo, but on the bottom photo, it would be to the left, just to the, what I'll call the southeast of the nipple area there. You can see the darkness. Q Oh, yes. I see it. There's a dark space just below and to the side, the inside of your right nipple? A Yes. And in the upper picture, even in black and white, you can -- it follows the contour of the seat belt, so you can see there's a slight darkening even beyond that very dark patch that leads up to my left shoulder. Q Yes. Was that caused by the seat belt? A Yes. Q Did the doctors treat that bruise at all? A The doctor, if I recall, said that, you know, unless it was a severe break in the rib, that it would just, it would heal itself; so it was just a cracked rib, that there was really nothing that they could do for it. Q So the answer is, no, there was no treatment for it? A No, there was not. Q Is that cleared up? A Yes. Q So today, would it be correct to say that really the lingering thing you feel happened from the accident 52 ?J U LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pertains to your neck and this pain and noises that you're feeling from it? A Yes, other than the scars, which don't give me any discomfort. Q Well, let me just ask you a question about the scars because I think there's a, I think there's an allegation in the complaint that they're causing you humiliation and embarrassment. Is that true? A I would say no. Q Okay. When you got out of your car, what did you do? A The first thing I did was try to assess how badly I was hurt because I wasn't sure how badly I was hurt. You know, I had blood on my shirt, on my pants and didn't know where I was bleeding from, had glass all over in my hair. You know, even in my ears, I had particles of glass. So I tried to assess, you know, how badly I was hurt. I walked around a little bit and then just kind of fell down to the ground and sat there, and then people from Roadway came shortly thereafter. Q You were able to walk around okay? A Okay? I was able to walk, whether it was in the regular way I would normally traverse, I would say no. Q What was it that would prevent you from walking 53 LJ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 around? A Well, I was very woozy, you know. It was, like, I played football and it's, like, you just got a severe impact and were knocked out of the game. That's the way I felt. Q Okay. And how long did you feel that way? A For several weeks. Q So after feeling woozy, you sat down? A Yes. Q Police came, ambulance came? A Yes. Q Talked to the police? A Briefly, I believe. I mean, I think he asked me some questions, but I don't remember a lot of conversation with the police. Q Did you understand what he was asking you? A Yes. I think he asked me for my license, and as far as that is concerned, I don't remember anything other than that. Q No registration or insurance? A He may have asked for that. Q Did you provide that information to him? A If he asked for it, I did, sure. Q And the ambulance came too? A I don't believe there was an ambulance, no. I 54 I• 0 It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was brought to the hospital by one of the Roadway employees. Q Had you ever been to Holy Spirit Hospital before? A Not for treatment, no. Q For any reason? A Yes. Q So you know how to get there? A Yes. Q Ever been to Carlisle Hospital before? A No. Q Did you -- was Holy Spirit Hospital a hospital that you chose? A Yes. Q Did the police officer ask you whether you were hurt? A I'm sure that somebody asked me if I was hurt. I can't remember if it was the police officer. Q What did you tell them? A Well, at first, I was, I wanted to let my wife just come and pick me up and go see my personal doctor back in Lancaster, but I believe that somebody from Roadway insisted that I go to the hospital. And so, you know, I complied, and, you know, they said where do you want to go, and I asked to go to Holy Spirit. 55 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So your testimony is that an ambulance never appeared? A I don't believe so, no. Q Do you have any idea why? A I guess because they asked me if I wanted one. That would be the only reason I could remember. Q What did you tell them? A And just like I said, I said that I think that I'd like to see my personal doctor. You know, like I said, I knew I was hurt, but I felt that I was able to get back to Lancaster, so that was my initial decision. And like I said, after they continued to query me, I said, okay, let's go ahead, and so somebody drove me. Q Well, you didn't think you had to go to an emergency room? A I wasn't sure if I needed to go to an emergency room; I knew that I had to see a doctor. But, you know, like I said, at that point, I wasn't sure, you know, how badly I was hurt. But, you know, my general personality is try to avoid emergency rooms as much as possible. Q When you say you knew you had to see a doctor, I'm not sure what you mean by that. Why did -- A Well, I was cut; I was bleeding; you know, I had a fairly severe headache at the time; I wasn't sure if I had a concussion. I'm not a doctor, so I couldn't 56 11 • 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 self-diagnose myself. And I knew certainly that my wife would not allow me not to see a doctor, so my initial preference was to see my family physician, you know, if I was able to get there. Q Who is your family physician? A Dr. Larien Beiber. I believe his first name is L-a-i -- MR. DUER: Yeah, I don't know how it is. Let me see if I can find it. THE WITNESS: L-a-r-i-a-n possibly, B-e-i-b-e-r. MR. DUER: L-a-r-i-e-n. MR. WILLIAMS: M.D.? MR. DUER: Yes. MR. WILLIAMS: And his office is where? MR. DUER: 2301 Columbia Avenue in Lancaster. MR. WILLIAMS: Zip? MR. DUER: 17603. BY MR. WILLIAMS: Q How long has Dr. Beiber been your family doctor? A I'm going to say at least 15 years, maybe more. Q Okay. So initially you decided you didn't need to go to an emergency room, but they convinced you that you should and so you went? A Well, like I said, I didn't want to go to an emergency room because luckily I haven't had to be in an 57 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 emergency room that often; but in the few occasions I have, it's a very bad experience, and I felt that I'd get better treatment just going straight to my doctor. Q Would it be fair to say that if you felt you had any injuries that needed immediate medical attention, you would have insisted on going to the emergency room, correct? A Sure. I mean, if, like I said, I'm not a doctor, but if I felt my life was in danger or something like that, I would certainly want to get the best treatment I could. Q Or that you had some type of an injury that should be seen promptly, you would have insisted on going to the emergency room, correct? A Well, at the time, I'm not sure if I was in the best state of mind to be making an informed decision on that, but my initial thought was I wanted to see my personal physician. Q Did you call your wife? A Yes. Q Cell phone? A Yes. Q What'd she say, she was going to come and get you? A Yes. 58 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And how long after that conversation did you decide to go to the emergency room with someone from Roadway? A Maybe 10, 15 minutes. Q And then what did you do, call your wife back and say meet me at Holy Spirit? A Yes. Q Between the time of the accident and the time that you went to the, left for the emergency room, did you stay in the same place at the scene of the accident? A I believe so, yes. Q You didn't go into Roadway's offices or somewhere? A I may have, may have used the bathroom in their office before we left. Q How far was that from where the accident happened? A Maybe, probably less than a hundred yards. Q Walked there? A I don't think so. I think that they brought out one of the, like, a golf cart. MR. DUER: Which I think is in those pictures. BY MR. WILLIAMS: Q Yeah, when the terminal manager came out, he drove out in a golf cart? 59 E • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Right. Q Because the distances involved are pretty big there, correct? A It can be, yes. Q Well, they typically ride around between the buildings in the golf cart, don't they? A Right. Q And the car that you went to the hospital in was parked where? A I believe in the parking lot. Q Okay. Did you walk there or take the golf cart? A Well, if -- I believe that they picked me up in the golf cart, I used the bathroom and then the car was right outside the door. Q When you got to the Holy Spirit Hospital Emergency Room, did you have to wait long? That's a poor question. How long did you have to wait? A Longer than I'd like, but I can't state for sure. I want to say that it was, it was a several-hour ordeal. Q You had to wait probably hours before you got to see a doctor, right? A It hadn't been, it wasn't as long as some other experiences that I've had, but it was probably at least an hour. It could have been more. 60 E • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And when you say other experiences, you're referring to what? A I broke my thumb once when I was a kid. That was an all-day ordeal. Q Is that the only time you've ever been to an emergency room before this accident happened when you broke your thumb? A No. I think there was one other time, at least for myself. Q Right. A I cut my Q Cut your A Yes. Q And what your thumb that you A That was it set. That was that for? leg when I was a kid. leg and went to the emergency room? about your thumb? What happened to went to the emergency room? a football accident and just had to get Q Did you break it? A Yes. Q You mentioned a broken rib as a result of this accident? A I don't know if it was diagnosed as a certainty, but it was a suspected cracked rib. Q Do you have x-rays? A I don't, no. I can't remember if there were any 61 LJ is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taken or not. Q When you were at the emergency room at Holy Spirit Hospital following this accident, you can't recall whether they took any x-rays? A I don't think they did there. I'm not sure if they did at my doctor's office. They definitely did not at Holy Spirit, no. Q Well, who's the one that told you they thought you had a cracked rib? A It would have been -- when I went to my doctor, I don't think I saw Dr. Beiber. It was another doctor in his office, and he told me that he suspected that it had maybe cracked. Q So they didn't tell you that at the hospital? A I don't think so, no. Q Okay. So later you went to another doctor, the family practice that you go to? A Yes. Q And you think they sent you for x-rays because you had -- A No, no. I definitely did not go to another location. I can't recall if they took x-rays at the office. MR. DUER: There is no record here. It was Dr. Scott Shapiro, and there's no x-ray. 62 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. WILLIAMS: Q You're thinking they may have an x-ray machine in their office? A I don't know. I don't recall x-rays being taken. What I recall him saying is that, based upon physical exam and him doing his poking and prodding, that he determined that if it was cracked, it was not severe enough to do any -- you know, I don't know what you do for a broken rib, but it was not severe enough to take any extraordinary measures; and, therefore, I guess he determined an x-ray wasn't even necessary. Q Going back to the hospital, other than the lengthy waiting that you've explained to us, what all happened there? A Eventually I was seen by a doctor. She did a general examination. I believe I got a tetanus shot. They cleaned out whatever cuts that I had, bandaged them, and that was about it. Q No stitches? A No stitches, no. Q Bandages? A Yes. Q Where? A On my arm and face. Q Any medicine? 63 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm sorry? Q Any medicine? A Other than the tetanus shot, I don't believe so, no. Q So what did the doctor tell you after she got done this examination? A She recommended that I see my personal physician. Q For what purpose? A As a follow up. Q Follow up for what? A For the car accident. Q Well, what injuries were you to follow up on, the cuts? A Whatever she looked at that day. Q Let me ask it this way: What were you complaining to the doctor about at the hospital? A Well, I believe that, you know, other than the apparent injuries, such as the cuts and the bruising, just the headache. I'm sure I had mentioned that, but that probably was it. Q You told the doctor at the hospital about the headache? A I'm sure that I did. Q Did she evaluate your headache, or what did she 64 1 J • J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tell you about it? A I don't recall her comments at this point at all. Q She didn't say she was concerned about a concussion? A I don't recall. Q Did you receive any treatment for the headache from anybody? A Well, I know that I self-medicated with Tylenol, and luckily the headache did eventually subside. Q At the hospital, did you complain to the doctor about pain in your neck? A At the time immediately following the accident, I don't recall my neck really giving me any difficulty. Q So your answer is, no, you didn't complain to the doctor about pain in the neck? A No. Q It was just the cuts on your face, your arm, the bruise on your chest and the headache. That was it? A Yes. Q How long was it before you went to see your family doctor after you got finished with the hospital? A I'm going to say maybe ten days, ten days to two weeks. Q Did you call for an appointment right away, or 65 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 did you wait a while? A I'm sure it was within a week or so. Q And during that week, how did you feel? A I was very sluggish. Q When you say sluggish, you mean tired, sore? A All of the above. Q I think you used this analogy earlier, but it was like you had played a game of football? A Worse, worse than that , yes. Q You've played football in the past? A Yes. Q High school? A Yes. Q College? A I had an opportunity, but I didn't play in college, no. Q Which college did you go to? A West Virginia University. Q Graduate? A Yes. Q When? A 1981. Q Degree? A BS in business administration. Q Have you had any education since then? 66 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. I've taken MBA level classes at both Syracuse University and Penn State University. Q You enrolled in a degree program? A Yes. Q What, MBA? A MBA, yes. Q Did you complete that? A No. Q Any other courses that you took after graduating from West Virginia? A No. Q Did you ever have any education in the specific technology that your business is involved with? A Yes. Q What was that? A It's been continual since 1983. Q Like seminars? A Yes. Q The reason that you called your family doctor within a week, I think you've estimated after the accident, was that because the emergency room doctor recommended it, or was there another reason? A That and the insistence by my wife to do so. Q And you went there, and you saw -- I forget the fellow's name, but it wasn't Dr. Beiber? 67 E 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DUER: Dr. Shapiro. BY MR. WILLIAMS: Q It was Dr. Shapiro? And what did you tell Dr. Shapiro was the problem, why you were seeing him? A Well, I mean, I told him about the automobile accident, and he wanted to know the details just like I told it to you today. Q Well, specifically what did you tell him that you wanted him to do for you, to examine or diagnose or treat or what? A Well, I complained, of course, at that point, of chest pain and also neck pain because just as with many injuries, the soreness doesn't set in until some days later. Q Well, I'm sure the chest pain set in pretty quickly, didn't it? A It -- within a couple days, yes. Q When were those pictures taken with respect to the accident? A Within a couple days. Q So was the bruising not visible initially, and then after a couple days, it became more visible? A It did, yes. Q And then also you say neck pain developed? A Yes. 68 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q In the days after the accident? A Yes. Q How would you describe that neck pain? A Very stiff, sore, difficult to move. You know, it was also affecting my mobility, not from the standpoint of just walking, but in terms of my ability to do the activities that I would typically do. Q Chest pain clear up? A Yes. Q How long did that take to clear up? A I'm going to say probably two months before I really couldn't notice it anymore. Q So you saw Dr. Shapiro, and what did he tell you? A Like I said, without being able to recall his exact assessment, I'm assuming that he wrote something into the file, but my recollection at the time that I had spoke with him primarily had to do with the neck and the chest. He indicated that the neck injury was likely something that would get worse over time because of the tendency to cause scar tissue from an impact like that and that it would likely have to be something that I would, you know, have to live with. As far as the chest was concerned, my recollection was that he wasn't overly concerned about 69 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. He said that there was the possibility that there might have been a cracked rib, but not severe enough to need extraordinary treatment. Q Dr. Shapiro offered you no treatment for either your neck or your chest complaints? A I believe that he did prescribe an anti-inflammatory for the neck, but as far as treatment, I think that that was the extent of it. And he may have had some other recommendations, you know, but as far as medication, that was it. Q What do you mean other recommendations? A Standard doctor speak. I can't recall exactly. Q Did you take the anti-inflammatory? A I believe I did. Q Did it help? A It did. Q Have you treated since for either your neck or your chest? A Not my chest, no. I think that I did have a visit some time later to, I believe I did go to a -- I'm trying to remember the doctor's name. I believe it was Dr. Perezous. I believe I was having a problem with my shoulder, and I don't know for a fact, but I believe that it was related to the neck issue. Q Who is Dr. Perezous? 70 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A He's an orthopedic doctor with Lancaster Orthopedic Group. Q How did you get to him? A I've seen him before for other related sports injuries. Q What kind of sports injuries? A Twisted ankle, things of that nature. Q As an adult? A Yes. Q How did you twist your ankle? A I play basketball. Q So what did Dr. Perezous tell you about your shoulder or your neck? A To be honest with you, I can't, I know that the timing of that was very close to that, and I'm trying to remember if that was immediately before or after the accident, to be honest with you; but I believe it was after the accident. He also prescribed the same or similar anti-inflammatory that Dr. Shapiro prescribed, and it helped, again, for a while. Q Did you have shoulder problems before the accident? A No. I don't recall. I don't recall having any shoulder problems. Q What was the nature of the shoulder problem that 71 11 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you saw Dr. Perezous for? A Just stiffness, you know, mobility, wasn't able to have a full range of motion. Q Which shoulder? A I believe it was my right. Q And when did you first notice this stiffness or lack of mobility in your right shoulder? A It was probably shortly after the accident. Q Any event you can relate it to? A No. Q Just sort of came on? A Yes. Q Did Dr. Perezous do anything for your shoulder or your neck? A Other than the medication, no. Q Just -- A I think he gave me some exercises, you know, that he felt would help. Q Is that the first time he ever gave you exercises? A He may have, may have done it for something else, maybe an ankle or something of that nature. Luckily I haven't had to see him that often. Q What kind of exercises do you think he gave you? A Different stretching, maybe isometric-type 72 0 L 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exercises, things of that nature. Q When you say exercises, are you referring to a handout of some sort, a sheet of paper or booklet that he gave to you? A Yes. Q And you took that home with you? A Probably, yes. Q You did those exercises? A I'm sure that I did, yes. Q Do you still have that booklet or paper? A I doubt it. Q What was it that he gave you? A Like I said, just a sheet of paper that probably had some diagrams, things of that nature. Q Something for the shoulder? A Yes. Q Do you recall doing those exercises? A Yes. Q Did they help? A Yes. Q The shoulder problem went away? A I don't have a specific shoulder problem now, no. Q But it went away as a result of the exercises that Dr. Perezous gave to you? 73 L C] LI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I would certainly be willing to give him credit, yes. Q All right. Other than what you've testified to already, have you received any treatment for anything related to the accident? A No. Q Have you consulted any doctors for anything related to the accident other than what you've already testified about? A No. Q You mentioned basketball. Do you still play basketball? A Yes. Q What other activities are you involved with in, say, the past five years, hobbies? A Physical activities? Q Yes. A Basketball, football, baseball, tennis, golf, fishing, hiking. Those would be some of the principal ones. Q You've done all those since the accident? A To some extent, yes. Q Your answer is, yes, you have done them since the accident? A Yes. 74 u El L? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Let's go through them. Where do you play basketbal l? A Universal Racquet and Fitness Center. Q Are you a member there? A Yes. Q How long have you been a member there? A About ten years. Q And they have a basketball court there? A Yes. Q How often do you go? A Well, I used to go four to five times a week. Now I go maybe once a week. Q And why do you go less now? A Just not, not physically able to play like I used to. Q Are you referring specifically to accident when you say that or to your age? A Well, obviously I'm older, but I do get a lot of neck stiffness now; and although basketball is not technically a contact sport, there is a lot of contact. And I've had some instances where, you know, running into a pick or something like that that, you know, when I jar my head, it feels a lot different now than what it used to. And I've just been concerned about the stiffness that I have and the creaking, and I'm just not able to, just not 75 I• • u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 able to play like I did before. Q When did you usually play basketball? A Usually in the evening. Q Is there a particular evening? A No. Q Pickup games or league? A Well, I used to play more leagues. I don't really pa rticipate much in the leagues anymore. Now it's mostly pi ckup. Q And why don' t you participate in the leagues? A Again, just not as, not as capable as I used to be. Q Because of your neck? A Yes. Q What are the continuing problems that you have with your neck? A Well, I like I said, just a significant stiffness, especially in the mornings when I wake up. And, you know, I drive a lot in my job. It tends to radiate, you know, and create headaches by the end of the day, especially when I've been in the car for long periods of time, just a lot of upper back stiffness and neck pain a lot of times near the end of the day and in the morning. Q And you say you played football too? A Yes. 76 0 E is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Since the accident? A No. I mean, just throwing a football with my son, and I did also assisted coach in one of the pee-wee leagues in Lancaster. Q Which league was that? A That's Manheim Township. I think it's called the Red Ro se League. Q When were you assistant coach? A I think the last time would have been in 2001. Q For how many years were you assistant coach? A Just one. I had intended to coach in 2002, but because of the accident and practice started shortly thereafter , I just wasn't able to. Q So when you testified earlier you played football, you're talking about coaching football and throwing a football around with your son? A Yes. I haven't played competitive football since 1977 . Q You're not talking about putting the pads on and -- A No, although I'd like to sometimes, but no. Q All right. You still throw the ball around with your son? A Yes, not as well, but I do. Q And you've played baseball since the accident? 77 r1 ?J 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Again, not competitively. I used to play some softball in softball leagues, but I haven't done that for several years. Q When do you think the last time you played in a softball league would have been? A That was probably, that was probably at least 2000 or maybe a little earlier. Q So you hadn't played in a softball league even before the accident? You gave that up? A I didn't necessarily give it up. I probably would have played again. Although, you know, it's not my sport of first choice, but I've also coached baseball as well. Q Why did you give it up? A Again, I just don't have the swing power in my arms now that I used to, and it just doesn't, the bat doesn't feel as right as it used to. Q And you gave it up in 2000 or before? A Yeah. And obviously, you know, there was probably a year there between the time that I last played and the accident, so there was a period where I could have played, but I just didn't. Q Because you didn't have the swing power? A No, just because I was busy doing other things. Q Oh, you got busy? 78 • L_ J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yeah. Q It's a common problem for adults. A Exactly. Q So the reason you originally gave up softball was because you got busy? A Right. It doesn't mean I wouldn't have played again, but yeah. Q Well, the reason you didn't play again is because of your neck? A Exactly. Q Couldn't get a grip on the bat? A I don't know about a grip, but I didn't want to embarrass myself. Q Have you tried? A Did I try? Q Yeah. A Not in a league, but, I mean, you know, with my son out in the yard and so forth, we hit it and do that type of thing. Q Softball? A Softball and baseball, we go out to a local field. Q What do you mean local field? A Just out to the middle school or something like that. 79 C? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Just you and your son? A Yeah, or some neighborhood kids. Q And what do you do, just hit them some grounders or something? A Exactly. Q And you've done that since the accident, haven't you? A Yes. Q Tennis, you often do you play tennis? A I used to play once or twice a week. And I don't -- I just played or attempted to play for the first time with my son about a month ago, and my ground strokes were okay, but I just can't, I can't serve. I can't get my arm up over my head like I need to to serve. Q Do you belong to a club where you can play tennis in the winter? A Yes. Q Is that the same club, the Universal Racket -- A Yes. Q -- Fitness Center? A Yes. Q And they got tennis courts? A Yes. Q Did you play last winter? A No. 80 L i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When was the last time you played indoor tennis? A Probably been, probably been three or four years. Q Before or after the accident? A Before. Q So you're saying you haven't played indoor tennis since the accident? A No. Q What's that cost you to use the tennis court? A I think it's, like, $30 an hour, something like that. MR. DUER: Universal? THE WITNESS: Yeah. MR. DUER: I don't know what it is. BY MR. WILLIAMS: Q So the only tennis you played since the accident has been outdoors? A Yeah. It was out at one of the public courts at the high school. Q Have you played with anybody else since the accident other than you son? A No. Q When's the last time you played tennis with anybody else? A Probably three, four years ago. 81 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. So that would be 2001 or 2002? A Like I said, before the accident, yes. Q Who would you normally play with? A Well, I did play in a league at one point at the club. Like I said, that's at least four years ago. And in terms of names of the guys that I played with -- is that what you were looking for? Q Um-hum. A I can't remember the last adult that I played with. It's been a long time. Q How long? A Well, like I said, at least three or four years. Q So you're testifying that in a year before the accident, you played tennis with adults and you can't remember who that was? A I can't remember the name of the last person I played with, no. Q Give me the names of anybody you played with before the accident. A A lot of guys I played with, believe it or not, I know them by first name only. Q How do you hook up with them? A Usually meet them over at the club, you know, round robin kind of thing. Q Just kind of show up and find somebody to play 82 L? • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with? A Exactly, yeah. Q That would be indoor? A Yeah. I mean, I didn't have, like, a regular tennis partner for quite some time, but the same way with basketball. A lot of the guys I've played with for years, I don't know their last name. I just, I know them either by their nickname or the way they play or their first name. Q Play tennis with your wife? A No. She doesn't play. Q Other than tennis and basketball, what else do you do at the club? A I lift weights, and they have an indoor track. I use that occasionally. They have other cardio-type equipment, bicycles, things of that nature. Q You've done that since the accident, haven't you? A Yes. Q Do you keep records of your weight lifting? A No. Q Did you used to keep record of it? Let me ask you this: When you do the weight lifting or the machines, whether it be weights or aerobatic-type machines, do you go through a regular routine, so many reps on this machine, then so many reps on that machine? 83 • IJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I try to vary what I do. Certainly my upper body capability is not near now what it was some time ago. Obviously some of that may be attributable to age, but, you know, there was the precipitous downturn after the accident. You know, I still try to use a lot of the nonimpact-type equipment, the bike and other similar type of cardio equipment, a lot more now than I used to. I don't lift as much heavy weight now as I used to. Q Still play golf, don't you? A Not much, no. You know, I was never a huge golfer, more of a weekend type of a guy. And, again, my ability to play, be comfortable and be competitive, has been pretty diminished, similar to the same thing as with the bat. My ability to swing and not create a lot of stress and discomfort in my neck area has been pretty significant. Q You have played golf since the accident? A I've played a few times. Probably on average, I'm going to say maybe two or three times a year since then. Q You normally play in outings, tournaments? A Don't play in a lot of tournaments, just mostly -- my son started getting involved in golf shortly before the accident. I was going out a lot with him on weekends. There's a small course near our house, and we 84 E 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would go out, and so I was playing mostly with him. Sometimes I'd go to the driving range just by myself. Q When is the last time you played golf with an adult? A I'm going to say probably, probably before the accident. Q Do you remember the names of any people you played with? A Yeah. I can't remember his name. Fred, Fred Shoemaker. Q How do you know Fred Shoemaker? A He's the store manager at the Sherwin-Williams Store in Lancaster. I buy a lot of materials from him. Q And since the accident, you've only played golf with your son? A Yes. Q What was the occasion that you played golf with Fred Shoemaker before the accident? A Him and his salesman would call me every once in a while and ask me to come out and play, you know, kind of as a customer supplier relationship kind of thing. Q They pick up the tab, buy you lunch, things like that? A Right. Exactly. Q And you played with that group once or more than 85 I7-A i 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 once? A At least a couple times, probably two or three times. Q Any other adult groups you can think of that you played with before the accident? A Yeah. I mean, my biggest thing with golf was that I mostly liked to go to the driving range and hit balls a lot myself. I didn't play a lot of rounds. I was more of a vacation golfer. A lot of times I would go on vacation, bring my clubs, get hooked up with another threesome or something of that nature. Before my son started getting interested in it, you know, I didn't really go out a lot locally. Q You have been to the driving range since the accident? A Maybe once. Q Where do you play? A Typically at Overlook. Q Is that a public course? A Yes. Q Fishing, have you been fishing since the accident? A Yes, not as much stream fishing, but a couple times, deep sea fishing. Q Where do you go deep sea fishing? 86 E 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, the last time was in Hawaii last December. Q Who did you go with? A With the family. Q Your family likes deep sea fishing too? A Yeah. My son and my daughter went with me anyhow. Q Okay. Catch anything? A Unfortunately, no. Q Other than Hawaii, where else do you go deep sea fishing? A Off the Atlantic Coast out of Atlantic City. I think we went out of South Carolina once. Q Who do you go with? A Typically with our family. Q Son and daughter? A Yeah. Q You have any better luck in the ocean, Atlantic Ocean? A No. I haven't caught anything the last three or four times I've been out. I just keep getting sick. That's all I caught. Q You do some stream fishing too. Is that fly fishing? A Well, I used to when I was younger. I haven't fly fished for a while. I used to do more stream fishing, 87 • • \_ J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but from a combination of just time and other activities, haven't done a lot lately. Q And as far as your neck complaints go, does that keep you from doing any of your fishing? A I can't really say that that's affected me in fishing that much. Q And you also mentioned hiking? A Yes. Q Where do you go hiking? A Local parks, Grand Canyon. Q Which Grand Canyon, Pennsylvania's -- A No. Q -- or the one in Colorado? A Colorado. Q You hike the Grand Canyon? A Well, actually it's in Arizona. Q Oh. A Well, I guess part of it is in Colorado possibly, the Colorado River anyway. Q All right. Is this something you used to do before the accident, hiking? A Yes. Q And you still do it? A Yes. Q The trip to the Grand Canyon, has that been 88 • • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 since the accident? A Yes. Q When you go hiking, you also go camping sometimes? A Not typically. Q When you say hike the Grand Canyon, you don't mean you go up and down, do you? A Well, we haven't done that. I'm talking about just around the outer perimeter of the canyon. You can go down inside of it, but we haven't done that. Q You just go by yourself with the family, or is there a guide or tour that you -- A No, no. We're talking about very, very beginner-level trails. Q Anything else we haven't mentioned that you used to be able to do before the accident and you can't do now as far as your activities and hobbies are concerned? A I don't know if there's anything that I can't do, but like I said, it's mostly a matter of diminished capacity. Q Well, let me ask the question in a general sense. Is there anything that you used to do before the accident that you simply do not do anymore because of the neck complaints? A Well, I all but do not play golf or any sort of 89 0 I 1 L..J J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 softball or baseball anymore or tennis for that matter. Those are the things that I all but don't do. Q But if I did ask the question as I did, is there anything that you used to do before the accident that you absolutely do not do anymore because of your neck complaints, your answer would be no? A Rephrase the question. Q Yes. If I asked you the question as I think I did, whether there was anything that you used to do before the accident that you just do not do anymore because of the neck complaints, your answer would be, no, there is nothing. Is that correct? A That, no, there's nothing that I can't do now that I used to do? Q Yes. A I would say that -- if you're saying am I incapacitated to the point where I cannot do something, the answer would be no. And, again, I would just say that it's a matter of diminished capacity or capabilities. Q You still play softball; you still play hardball; you just don't do it as much as you used to or as easily as you used to? A Well, I don't play any competitive baseball or softball. You know, that's limited to simply knocking a couple balls to the kids in the yard or a field, so I do 90 I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not do that. Q You have a catch with a ball? A Yes. Q You're wearing a glove; your son's wearing a glove; you throw a ball back and forth? A Yes. Q And you swing a bat? A Yes. But when we're talking about swinging a bat, we're talking about, like, bunt-type force versus home run-type force. Q All right. Let me then ask you more specifically about your business activities, and referring again to Exhibit A, the page 5 of the attorney's letter. A Okay. Q Does this indicate that your lost earnings claim is for the last five months of 2002? A Yes, I believe so. Q Explain what happened in the last five months of 2002 to cause you to lose earnings as indicated on this report. A Well, beside the fact that I was not feeling like myself for the better part of six to eight weeks after the accident, even beyond that, I was a little bit gun-shy about even getting back behind the wheel on a regular basis like I had before the accident. And, you know, I was just 91 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 spending a lot of time thinking about the accident, thinking about my own mortality, the fact that I just maybe cheated death. I was not sleeping the way I normally do. So I was significantly hampered in the number of calls, both physical and phone calls that I would typically make, and just was not being nearly as productive as I would normally be. Q Are you saying that because of the injuries suffered in the accident, that you were able to make fewer phone calls after the accident than you were before? A Yes. Q When you say that you were not feeling like yourself six to eight weeks after the accident, can you describe more specifically what you mean by that? A Well, like I said, I had a lot of soreness, neck discomfort and headaches for the better part of several weeks and just kind of an overall malaise about myself that is not typical for me for what I recall to be the better part of a couple of months. And after that, even after I was physically feeling better, I was still mentally not completely back in the game, you know, just because of the thinking about the accident, being concerned about being back out on the road at highway speeds and just a number of concerns like that that I had. So I was spending a lot more time in the 92 I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 office than I normally would. Q How did that prevent you from making phone calls? A It didn't necessarily physically prevent me from making phone calls, but in my business, a lot of your actual productivity is in the field and actually meeting face-to-face with the customer. So an average sale in my business is typically not completed over the phone. Q I'm sure that's true, but you said that you actually made fewer phone calls. A I did. Q And what about the injuries prevented you from making the phone calls? A Well, I wasn't incapacitated as far as making phone calls. I just was feeling like making less phone calls and feeling less like working. Q Have you gotten over that? A Yes. Q That lasted for a couple months? A Yes. Q If I understood you correctly, your neck pain -- and correct me if I'm wrong -- the stiffness and the soreness of it persist to this day? A Yes. Q Would I be correct in saying that it was not, 93 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 therefore, the neck pain or the complaints that you have about your neck that are causing you to have lost earnings? A Well, it was a multitude of all the factors involved in the aftermath of the accident. Q Well, let me ask the question more directly then. The accident happened in 2002. Here we are in 2005, more than three years later, and you're still complaining of pain in the neck. Given that, would it be that you're still complaining that you're losing income even today? A Whether I would be more productive without the pain that I have, I'm not sure, but I've learned to live with it and, you know, persevere essentially. So I would say that it's not affecting me from a financial standpoint now the way that it was. Q In the last five months of 2002? A Exactly. Q Okay. What was it about the last five months of 2002 that affected you financially, but today it doesn't? A Well, today I'm, you know, I don't hesitate to jump to it, to drive to Philadelphia, Baltimore or, you know, willing to see a customer; as immediately after the accident, I was putting off all those appointments. Q So would you be saying then that your problems in 2002 that prevented you from earning more was more emotional than physical? 94 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'd say it was definitely a combination of both. Q But since 2002, the emotional component has been resolved in your mind? A For the most part. Q And that has freed you to earn a greater income since 2002? A Yes. Q I'm going to show you what we've marked as Greenblatt Exhibit Number 2, and do you recognize those as your W-2 forms for 2001, 2003 -- well, 2001, 2002 and 2003, correct? A Yes. Q Do you draw a salary from your business? A Yes. Q And what is the salary? A It's about $104 thousand a year. Q How often do you get paid? A Every two weeks. Q So if I divided 26 into 104, I would know what your biweekly paycheck was? A Yes. Q Can you tell us what the difference is between the, in box 1 of your W-2 where it has your wages, tips and other compensation and the social security wages, which are about, looks like about $24 thousand less, is that the 95 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contributions to the SEP that you were referring to? A I'm not an accountant, but I believe that there's a limit on the, threshold limit for social security wages where they only collected up to a certain point. MR. DUER: Can I steal one of those here, Tom? MR. WILLIAMS: Absolutely. BY MR. WILLIAMS: Q Okay. It would appear from the W-2 statements that you have received your full salary in each of those three years. Would that be correct? A Yes. Q So that any loss of earnings claim would be restricted to the earnings of the business as opposed to you personally, correct? A No. MR. DUER: I'm sorry. What was the question again? MR. WILLIAMS: I asked whether the loss of earnings claim was a business loss or a personal loss, as opposed to a personal loss, and he said no. MR. DUER: Okay. BY MR. WILLIAMS: Q You received from the business in each of the years 2002, 2001 and 2003 exactly what you expected to receive from it, correct? 96 I• • 0 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A In terms of base salary, yes. Q What else is there? A Well, typically in a good year, there will be additional money that will be bonused at the end of the year. Q So are you saying then in neither 2001 nor 2002 nor 2003 was there additional money that could be bonused at the end of the year? A That's correct. Q Okay. Do you use an accrual basis of accounting or a cash basis? A Cash basis. Q Referring to the profit and loss statements that you had prepared for July 23 -- correction -- July 25 through December 25 of the years 2001, 2002 and 2003, do you have them in front of you? A Yes. Q Under cost of goods sold -- let's look at the last one, page 10, for the year 2003. There are entries for job materials, and for this particular year 2003, it's $7 thousand. Do you see that? A Yes. Q What are the job materials that you're referring to there? A Job materials would be epoxy resins, sundry 97 E F-1 L---j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 items, things of that nature. Q And b elow that, there's subcontractors for $104 thousand. What would that be? A That would be any contracted labor. Q That would be the people you explained to us earlier -- A Yes. Q -- as doing the actual installations for you? A Yes. Q Let's turn to 2002. Let's look at the subcontractors. It's almost $69 thousand. Do you see that? A Yes. Q Why is that so much lower in 2002 than it is in 2003? A So much lower? Statistically it's almost identical. Q Well, the one is 69 thousand in 2002, and it was 104 thousand in 2003, and you're not referring to those -- A Oh, I'm sorry. I'm looking at job materials. You're looking at subcontractors? Q Yes, I am. A Well, the sales were much higher in 2003. Q In other words, there was more work? A Yes. 98 I• C1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And, therefore, more profit? A I don't know. We'd have to look at the bottom line, but there would be more, there would be more gross. That's for sure. Q So why would there be less work in the last five months of 2002? What do you attribute that to? A Less work in 2002? Q Yeah. I think you just testified that the subcontractor cost is down from 2002 over 2003 and that's because there was less work, and I'm asking you, to what do you attribute the less work in 2002? A I attribute it to the accident. I do 100 percent of the sales in my business, and if I'm not out bringing in business, then there is no work. Q And I think you had explained earlier that because of how bad you felt particularly in a couple months following the accident, that you just didn't feel like getting in a car, driving around and talking to people? A That's true. Q Why would the cost of goods sold be not much less in 2002 than 2003 and yet the subcontractors be so much less? A Cost of goods sold -- (calculating). The only immediate thought that I would have about that would be for that particular period. Now, I'm sure that there wouldn't 99 • • LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be as big of a discrepancy over the entire year; but for that particular period, we may have had a lot of material, excess material from other jobs that we were using, storage materials and things of that nature that would probably show up on the total balance sheet. But it makes it look like it's a significant deviation for that short period. Q Well, I thought you were using a cash basis of accounting? A We are. Q So what difference would it matter whether you had materials stored over from other jobs if you weren't buying it? A To be honest with you, I don't know. Like I said, I think if you would look at the year as a whole, it probably wouldn't be a significant deviation; but for whatever reason, in that particular period of time, it looks like there is a deviation. Q And if you look back through in 2001, the same time period, July 25 through December 25, you've got the cost of the job materials, that is, the money that you paid during that period of time, at about $51 thousand. Do you see that? A Yes. Q As opposed to 2002 when it's about $54 thousand. Do you see that, during the same period? 100 r1 LJ • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Wouldn't you expect the cost of job materials to track the revenues? A Well, first of all -- Q They would move with the revenues. If the cost of job materials went up, you'd expect the revenues to go up too, wouldn't you? A If I might just point this out to you, these were printed out on the accrual basis, so that might have something to do with what you're asking. Q That might have a lot to do with it. A It says that in the upper left-hand corner. Q That's why I ask you what basis you do your accounting on. A It is on the cash, and that's why I'm not the bookkeeper. Q But you printed these reports out as though it was on the accrual. A It's obviously on there as a default, you know, on the system. Q What's on there as a default? A I'm just assuming that when I print out the report, that accrual probably comes up as the default, or you can pick accrual or cash on how to print out the report. 101 L J 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q In any event, the question remains. Wouldn't you expect the revenues to move along with the cost of the job materials; if one went up, the other would go up? A Like I said, if you look at it over a longer period of time, I'm sure that it wouldn't be that significant of a variation. Q Well, I'd love to look at it over a longer period of time, but that's not the materials I've been provided. A I understand. I can't explain to you why that would be. Q Same question on the contractors, the subcontractors. You would expect the more you use the subcontractors, the more revenues you would expect to see, correct? A Yes. But, of course, as we've discovered here, you know, based upon the accrual basis, it's going to be different than what it would be on cash. Q So even though in 2001 for the period in question, the subcontractor, the cost of subcontractors is $81 thousand; and in 2002, the cost is only down to $69 dollars, the effect on profit and revenues is well out of proportion, isn't it? A You know, I'm not really qualified to make comment about, you know, ratios and things of that nature. 102 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The one thing I can comment about is the top line of the P and L, and the one thing is on an accrual basis. Obviously that has to do with actual revenue generated at the time. And the fact is is that the revenue, which is what I'm principally responsible for through my sales effort that was able to be generated at the time immediately after the accident was significantly diminished. How expenses relate to that and so forth, I can't really say exactly, you know, what the statistical deviations are or why. You know, my accountant might be better able to tell you that or maybe even Tammy. But, nevertheless, based upon our historical gross profit margin, when we're bringing in less revenue, we are generating less profit. Q Let me challenge you on that statement and see if you'll correct it. If you're using the accrual basis of accounting as you've indicated is used here, would it not be true that the revenues are not, in fact, the cash that comes in this door, but the bills that are sent out? A That's what's reflected under accrual is my understanding. Q So it's not cash? Bills could have been sent out in the end of 2002 that aren't reflected on the financial report that you sent to us, correct? A On the accrual basis, which is what you're 103 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 looking at, that does reflect all bills that have been sent out at that point. Q Okay. Well, that's my point. The bills that were sent out earlier in the year, the revenues would come in after the bills were sent out obviously, correct? A Typically, yes. Q Okay. So what is shown on these financial records is not the revenues that came in, but the bills that were sent out? A Yes. Q Okay. And you said you're not the one who's qualified really to answer these questions. Who would be qualified? A Tammy would probably be able the answer some questions about that and certainly Brett. Q Is Brett familiar with your bookkeeping system? A He should be, yes. Q Have you ever made a claim for personal injury other than this case? A No. Q In the past 20 years, have you ever spent a night in a hospital? A No. Q In the past 20 years, other than those two incidents that you've mentioned about your thumb and -- I 104 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 forget what the other -- MR. DUER: Ankle. BY MR. WILLIAMS: Q -- thumb and ankle and this particular case, have you ever gone to an emergency room for purposes of being treated? A No. MR. WILLIAMS: That's all the questions I have at this time then. Thank you, sir. EXAMINATION BY MR. DUER: Q Mr. Greenblatt, let me just ask you a couple of things here just to clarify. I have in front of me here -- I'm going to show you. This is the record from Holy Spirit Hospital from the date of the accident, itself, and you can see, it says admission date, 7/24/02 here. There is an entry in here I wanted to ask you about just to see if it refreshes your memory about the actions of that particular day. It says, the windshield was broken and he had glass all over, so he took a shower before coming to the hospital. Now, does that refresh your memory about exactly what transpired in terms of where you went and what you did between the scene of the accident and arriving at the hospital? 105 • \_J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yeah. I did go in the bathroom, and I had forgotten about that; but they did have a shower in their bathroom and because I was full of glass and so forth, I did shower off to try to get some of the very fine glass off. Q Okay. So that was a snower at xoaaway,s building? A Yes. Q Okay. All right. A And, of course, I had blood and so forth on me as well. Q Okay. All right. And the -- tell me again so I recall, how did you get to Holy Spirit Hospital? A The gentleman's name who -- I can't recall right now. He was my principal customer contact at Roadway. I can't believe I can't remember right now, but he drove me. Q Okay. So you did not go home or anywhere else between Roadway and Holy Spirit Hospital? A No. Q Okay. The other thing I wanted to ask you about was a couple of things. You mentioned about a shoulder problem that you went to Dr. Perezous about. A Yes. Q And I have here in front of me a record from October 15 of 101, which would be before the accident? 106 r? u 0 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And this talks about left shoulder pain that you went to Dr. Perezous for on October 11th of '01? A Right. Q Now, today here you were talking about a right shoulder, you thought it might have been a right shoulder and it might have been after the accident. Does this help clarify that? A Yeah. Like I said, the timing was relatively close. I couldn't remember if it was before or after, but I think it was only one shoulder, so that must have been the time I was talking about. And it, in fact, must have been before the accident. Q Okay. All right. And do you believe this record to be correct that it was the left shoulder that you saw Dr. Perezous about? A Yeah. I just, like I said, because I don't have any shoulder issue any longer, I couldn't remember whether it was the right or the left. But I have no reason not to believe that that's accurate. Q Okay. I have sitting here in front of me Dr. Shapiro's records from Dr. Beiber's office, General Internal Medicine in Lancaster, from the time that he saw you on, I guess it's August 29 of 102. Does that refresh your memory as to how many weeks it would have been after 107 0 i 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the accident when you went to your family doctor? A Well, obviously that would have been about four weeks after. I know that we immediately -- actually the day after the accident, we were scheduled to leave on a vacation to Cape Cod, and I believe we were gone for the better part of ten days to two weeks. So it would have been probably about two weeks after we got back that I saw him. Q Okay. And you had said here today about taking some prescription. I think you called it anti-inflammatories here. I just want to see which is accurate. The office note says that -- here it is. I recommended ibuprofen, 600 milligrams, 4 times a day; I discussed with him the possibility of a muscle relaxant; he does not want either medications at this time. Now, having read that now, does that help to refresh your memory any better as to what exactly transpired in terms of medications after your visit with Dr. Shapiro? A Yeah. Well, I know I was taking medication, I mean, the ibuprofen. And I believe that we did fill the prescription for -- I can't remember the name of the medication that he wanted me to take. And I think I hesitated to take that only because I was a little bit squeamish about taking medication unless it's absolutely necessary. 108 E 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. A I think I still have the prescription actually. Q You mean the physical piece of paper or the actual pill bottle? A No, I think the actual pill bottle. Q Okay. All right. Did you run before this accident? A Yes. Q In other words, for exercise? A Yes. Q And how often did you run? A Not as often as I should, but maybe once or twice a week. Q And did you do that inside or outside? A Typically outside. Q And have you run at all since the accident? A Yes. Q And what's been the effect of the accident on your running? A My neck does tend to stiffen up. Primarily the neck and shoulder area stiffens up considerably where it's considerably more uncomfortable to run than it used to be. Q And -- I'm sorry. Did you say inside or outside? A Well, primarily outside as far as track running, 109 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but I've used a treadmill inside. Q Okay. At Universal, do they have an inside track too? A They do now. At the time of the accident, they did not. Q One other thing, I just want to make sure. At the time of the accident, were you in your lane -- your lane, which would be the inbound lane to the Roadway terminal -- the entire time before you were hit? A Oh, yes, absolutely. Q And did the other car cross the center line and enter into your lane and hit you? A Yes. Q And was it, in fact, as Mr. Young said that there was, a solid yellow line down the middle of the road? A That's my recollection. I believe it's a solid yellow line. Q Okay. How long before he hit you did you actually see his car? A Less than a second. Q And how fast did he appear to be going? A Based upon the time that I had to react and the force of the impact -- are you asking me to speculate? Q Yeah. If you can't do it, don't tell me. Don't tell me in miles per hour if you can't do it. 110 9 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, I know how fast I was going, and he would have had to have been traveling at least three times my speed; and I was traveling between 15 and 20 miles an hour. Q Did you hear the noise that his engine was making before you hit? A It was too quick. Q Okay. Was he gunning it; were you hearing lots of squealing tires, anything like that? MR. WILLIAMS: Objection. Leading question. THE WITNESS: I don't recall any unusual noises. It was just as though he appeared and hit me. BY MR. DUER: Q And the second that you had to observe his car -- like you said, it was about a second before -- what was it doing in that one second? In other words, where was it, and where did it travel? A Traveling directly -- it appeared that he was veering across the curve like he was not expecting a car to be there, you know, like you would if you were racing a car and trying to hug the corner. And, you know, I guess he just wasn't expecting a vehicle to be there. And the last thing I remember thinking was, you know, this is probably it. That's just, you know, it was just that quick. I didn't have any time to maneuver out of the way or anything like that. 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 Q What did you just mean by this is going to be it? A Meaning I was a dead man. I mean, you know, I had never been hit head on before, and, you know, I just -- they talk about how you recall your whole life in front of you. I don't remember any of that. I just remember thinking this is the end right here. Q Did that bother you? A Well, it bothered me then, and it bothered me for a long time. And that's one of the big things that caused me to, I think, lose productivity, especially in short run. Because after a traumatic experience like that, you kind of try to re-evaluate your whole life and what's important and you want to spend more time with your kids and should you really be spending time on the road and overnight when you could maybe be home, and it makes you really re-evaluate your priorities. MR. DUER: I don't have any other questions. Thanks. (The deposition was concluded at 2:12 p.m.) 112 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I, TAMMY L. BOCK, a Court Reporter-Notary Public authorized to administer oaths and take depositions in the trial of causes, and having an office in Carlisle, Pennsylvania, do hereby certify that the foregoing is the testimony of MICHAEL E. GREENBLATT. I further certify that before the taking of said deposition the witness was duly sworn; that the questions and answers were taken down stenotype by the said Reporter-Notary, approved and agreed to, and afterwards reduced to computer printout under the direction of said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto inscribed my hand this 19th day of October, 2005. Notary blic MGCMWALTH OF NOTARIAL SEAL TAMMY L BOCU r oTARY PUBLIC . = F LISLE BORO., CUMBERLAND COUNTY !COMMISSION EXPIRES OCT. 78, 2008 r Wf • • • Samuel A. Goodley, Jr.* W. Bryan Byler Eric L. Winkle D. Holbrook Duer Carolyn K. Hetrick *LL.M. in Taxation June 10, 2005 Byler, Goodley, Winkle & Hetrick, P.C. Attorneys-at-Law 363 West Roseville Road Lancaster, Pennsylvania 17601 (Additional Offices in Elizabethtown and Intercourse) Veronica Shirk, Casualty Claims Specialist Progressive Insurance 4000 Crums Mill Road, Suite 201 Harrisburg PA 17112 RE: Our client: Michael Greenblatt Your Insured: Travis Young Claim No.#: 028579258 DOL: July 24, 2004 Our file No.: 4984.001 Dear Ms. Shirk: Phone (717) 560-6330 ext 4 Fax(717)560-6328 E-mail: bduer@bgwh.com EXHIBIT ?,?2t,b1??? 1 I am writing to present a settlement demand and resolve this matter. As we discussed by phone, you asked me to send this directly to you. As you know, this is a case of 100% liability on your insured for this head-on accident. There is no liability question but we still have an unresolved question about the proper defendant(s). We filed a Writ of Summons in order to toll the statute of limitations and included his employer, Roadway Express, Inc. Tim Dull at Roadway Express informed me that Mr. Young was not in the course and scope of his employment at the time of the accident and he provided me with a time clock reading showing that he punched out at exactly 10:00 a.m. I needed to confirm that with Mr. Young's account of the facts before dropping Roadway as a defendant. However, your predecessor told me that the recorded statement of Mr. Young has been lost without being transcribed. Therefore, Roadway has never been dismissed from the case. Nevertheless, as I am sure we all understand, the demand is presented to your company only. Your company assigned counsel and I sent him a stipulation to dismiss Roadway Express on certain terms that was never returned to me. I also sent him the following records, which you now have and will not be included again in this package: State Farm file received under cover of letter of August 13, 2004 - this shows the full tort election on the policy Veronica Shirk June 10, 2005 '- Page 2 o£7 • 2. Holy Spirit Hospital file received under cover of letter of July 20, 2004 The ER notes confirm the airbag deployment and the bruising and chest wall contusion. The neck pain had not yet come to forefront. When Mr. Greenblatt was seen, it was less than 2.5 hours after the accident and that is certainly not uncommon. General Intern al Medicine file received under cover of letter of July 20, 2004. Dr. Beiber has been Mr. Greenblatt's family doctor since at least 1990 and these records confirm no prior relevant problems. They also confirm from an independent source that Mr. Greenblatt was active in lifting weights, playing basketball, and with his daughters of age 17, age 15 and his son, age 12. Dr. Beiber saw Mr. Greenblatt as a result of this MVA on 8/29/02 and recorded his symptoms of neck pain and chest pain. At first, Mr. Greenblatt did not have the neck pain right after the accident but it set in later, as he described. They discussed seeking chiropractic treatment and the possibility of a disc herniation and a diagnostic MRI, but Mr. Greenblatt is not one to "over-doctor" and complain. He is a stoic person who always tries to look on the bright side, not overemphasis his symptoms, and work with and through them, if possible. He is a businessman who needs to work daily and the idea of taking time off for physical therapy and other time-consuming treatment regimes just • is not in his make-up. 4. Roadway Express time clock printout and fax cover sheet dated 7/21/04 Black and white photographs of his car and Mr. Greenblatt - I am now including color photocopies of the photographs previously sent. The bruising across his chest is readily apparent. With regard to the vehicle photograph, this was a horrific head-on accident that very well could have killed either Mr. Greenblatt or Mr. Young. We are all lucky that did not occur. Mr. Young's front driver's side wheel rode up over the driver's side hood and windshield of Mr. Greenblatt's vehicle. Mr. Greenblatt's airbags deployed, the car was full of smoke and he could not open his door. Mr. Greenblatt thought he was going to die in a vehicle fire, as any of us would under such conditions. He was covered with glass and bleeding from multiple places (see the ER report documenting the glass fragments imbedded in parts of his body). He had to crawl into the back seat to try to get out of the car, in a panicked state, and was finally able to get out the passenger side rear door. He collapsed on the ground while his mind raced through the events caused by your insured's negligence. Needless to say, that was not the last time he re-lived the near death and horror that your insured put him through. Depending upon Mr. Young's testimony, this very well could be a case justifying punitive damages. 6. W2s for Mr. Greenblatt for 2001, 2002 and 2003. • 1:\Wpdou\CLI6N"CS\Gremblm.MicluelE?Cortespondrnce\Progrusivc W.06-10-OS.doc Veronica Shirk June 10, 2005 • Page 3 of 7 Mr. Greenblatt was working at the time of the accident but he is not required and does not have workers compensation coverage for himself as President and sole shareholder of the company. His first party wage loss coverage is shown on the declaration page you already have as $5,000/$1,000 month maximum. He made no claims upon that coverage because, as a self-employed individual, he gutted it out and had to work daily, or at least for part of the day, by necessity to keep his business afloat and keep his family's sole source of income flowing. Nevertheless, he has significant economic damages as a result of the accident, as documented below. With regard to non-economic damages, Mr. Greenblatt did not run to the doctors with his problems. One of the reasons was that immediately after the 7/24/02 accident, he was scheduled and did depart upon a 10 day vacation on Cape Cod. It was a terrible vacation and trip for him, the car drive was painful and his vacation with his family was ruined by the chest pain, body soreness and the onset of neck pain. The whole family was affected by the fact that his vacation, and therefore their own, was less than enjoyable. He continued to deal with things himself until he did go to Dr. Beiber on 8/29/02. Hoping that things would continue to straighten out and he would return to normal soon, and because he just did not have the time and had to run his business, he did not bother the doctors anymore. He adjusted his lifestyle and his neck pain continued unabated, even continuing to crop up to this day. He says when he is sitting in a movie theatre quietly watching a movie, and turns his head, he hears • snapping and popping in his neck. This is very alarming to Mr. Greenblatt as he knows, as we all do in this business, that this is the beginning of a process of neck pain and discomfort that never goes away and will only continue to accelerate the degenerative processes of the cervical spine. He purchased an orthopedic pillow to help him sleep. He still has problems sleeping and still uses the pillow. He was a runner, 3-4x week and could not run at all until the summer of 2003. His distances remain shorter than before. His sexual relations with his wife were severely curtailed for the next six (6) months due to his neck pain. Due to his nagging neck discomfort, he has discontinued baseball coaching in the Manheim Township Recreation League that he had enjoyed previously. He also had to forego what was scheduled to be his first year of football coaching for the Manheim Township Jr. Blue Streaks in the midget football Red Rose League. He has never done either activity since and has missed the chance to coach his son. His business requires him to deliver materials, including 100 lb bags of silica sand and other heavy materials that he must frequently unload and unload himself. That is a tough activity and causes a lot of neck aggravation. Mentally, the severity of the accident is obvious and Mr. Greenblatt was hyper-vigilant at all times while in a vehicle for months and relived and had nightmares about this near-fatal accident. As for economic damages, the relevant time period over which Mr. Greenblatt suffered lost income is the last five months of 2002, the time during which he was unable to produce the numbers needed to • make his business profitable to him due to his neck pain, the disruption of the car accident and its mental effect on his driving and ability to keep up with the fast paced nature of his business. To properly assess this, one must understand his business. 1:\Wpdo \CUI S\O blatt.Michw]MCort poMrncc\Pmgmssim.hc06-10-05.&c Veronica Shirk June 10, 2005 • Page 4of7 In order to help you do so, I have enclosed a Surface Technology, Inc. marketing brochure showing the accomplishments of his solely owned business. Mr. Greenblatt is a self-made man and started this business from scratch. As you can see, he is now a leader in his field. However, the competition is fierce as the epoxy and other types of resistant flooring he pioneered in this area continues to be used in a wider scope of businesses and applications. Mr. Greenblatt's business requires him to travel to customers and jobsites in PA, NJ, NY, MD, DE, VA, WV, and the District of Columbia on a nearly daily basis. After his near-death experience with your insured, and with the bruising, soreness and pain, he did very little driving for weeks (especially after his horrible experience driving to Cape Cod) and consciously curtailed his driving for several months. He says he subconsciously curtailed it for much longer. He generally has several jobs going at once and they usually are short jobs, 3-5 days in duration. This has two effects. The first is that he must hustle to keep his workman (all independent contractors) busy because the jobs are short. He maintains a 4-6 week lead-time in scheduling so has to move quickly to keep the work calendar full. Otherwise, he doesn't make money, his workmen don't work, and ultimately he may lose them. It is a fast paced business, to say the least. In order to keep it going, he must be bidding on new jobs constantly. There is no way to bid for this type of work, because it is unique and applied to an • existing building or an installed floor in new construction, without visiting the actual site. That dictates constant driving to all the states I mentioned above to visit the proposed sites. After the accident, he literally sat in his office for several weeks and went nowhere for business in his car. This was fatal to his workload for the balance of the year. He was not making new appointments to bid on jobs and he lost a lot of work that he otherwise would have bid on and gotten. When the accident happened at the end of July, he should have been out filling the work calendar for September through the end of the year. That did not happen. July and August are generally peak selling times for his re- surfacing work because that is when he sells jobs to industrial and institutionally clients for heavy maintenance and resurfacing during end of year and holiday season shut downs and slow downs. He has found that for a resurfacing work, because of the disruption, his clients almost uniformly want to do this at the end of the year. When he finally starting getting out of the office, it was too late to get his regular work in this regard and repeat customers in fact went elsewhere because he could not service them. Bidding on jobs also entails climbing up and down ladders, structural steel, and doing a lot of physical movement which he just could not handle. He could not salvage the end of the year in 2002. As you will see below, his business nearly took a fatal hit and was $85,656 in the red for the last five months of 2002. The second effect is that he is extremely busy with new construction in the Summer and Fall in good weather because he must visit each site just about daily. That is the nature of the customer contact required in this business. He is the expert in field that they trusted to hire and he needs to directly supervise the work. This is not a type of work where the crew can go out and be left to do the work on • their own without his expertise. It is a complicated set of flooring products he sells and installs and a very skilled and delicate process of making sure it is done correctly. He does have one long-time foreman who probably knows as much about the specialized flooring products and applications as he 1:\WPdou\CLIENTS\Gre blall.MichaelE\COrtcapoa c\Pmgr ive.IV.M-I OASAoc Veronica Shirk June 10, 2005 • Page 5of7 does, but the client expects Mr. Greenblatt. Because the accident laid him up at this peak time, he wasn't able to juggle the site visits needed and the bidding needed to keep the business strong for the remainder of the year 2002. In order to illustrate what this accident did to Mr. Greenblatt's income, I have included the following additional documents: 1. W2s for Mr. Greenblatt for 2000. • 2. Profit & Loss Statements for Surface Technology, Inc. for Year-End for 2000- 2004. The question in this claims is: What would Mr. Greenblatt have had available in corporate funds from which to take his additional income over the base of $104,000 if not for the effects of the accident? The answer is $139,275. 3. Profit & Loss Statements for Surface Technology, Inc. for 7125 - 12125 for 2000- 2003. This is the relevant 5 months when Mr. Greenblatt was trying to get back up to speed and rebound from this horrific accident. The following chart compiles the earnings produced by Mr. Greenblatt for the relevant time periods from these documents, for calculation of the lost earnings suffered during those relevant five months, August 2002 through December 2002. LOST EARNINGS FOR LAST FIVE MONTHS OF 2002 Actual Year End 2000 $35,952 2001 <60,773> 2002 10,372 2003 26,085 2004 121,016. Notes: Year-End, if not for Actual Year-End projection with MVA, avg. income* 7/25-12/25 break even for 7/25-12/25 for 7/25-12/25 $47,675 38,820 <85,656> $96,028 $139,275 The 2003 and 2004 Year-End numbers are provided by way of comparison. Although the effects of the accident still lingered in 2003, Mr. Greenblatt is making no claim for 2003 for the purposes of this demand. LI 2. *Averaged income from 2000 and 2001 = $43,247 1:\Wpdoce\CU1 S\Greenblet MkMelt Conmp nden 6e grmive1u.06-10-05.doc Veronica Shirk June 10, 2005 Page 6 of 7 Mr. Greenblatt was so unproductive due to the accident that he was in the red $85,656 for the last five months of 2002. That never happened to him before. He should have been in the black an average of $43,247, using the previous two years during that same period. If we were to simply assume that Mr. Greenblatt would have only broke even during the relevant time period, he would still have had a Year End net profit of $96,028. However, that is not a reasonable assumption based on the previous two years. In reality, using that average, he should have had a net profit at Year-End of $139,275. Mr. Greenblatt pays himself a base salary of $104,000, each and every year, before taking any additional money at year-end for himself as income. He decides to take additional income by deciding what Year- End net profit for the corporation he wishes to allow to remain in the corporation. For tax purposes it is advantageous to take out as much money as possible as wage income to himself so it isn't double taxed as corporate income. Traditionally, small one-shareholder corporations clean out all profits to save on the corporate income tax owed and avoid paying tax on the money as corporate profit and again paying on it as income later. There is no sense to leaving the money in the corporation. If he does leave some amount in, it is added to his capital account as the sole shareholder, and double taxed when distributed to him at some point in the future. The question in this claims is: What would Mr. Greenblatt have had available in corporate funds from . which to take his additional income over the base of $104,000, if not for the accident? The answer is $139,275. From that figure, we need to determine how much he would have paid himself to avoid double taxation. You will see he took no bonus for himself in 2001 and 2002, which were bad years, and only paid himself the base of $104,000. You already had those W-2s. 2001 was a bad year due to the early year recession that you will recall began at the outset of the current President's first term and actually started in the end of 2000. This early year recession in 2001 hit manufacturing hard, i.e. Mr. Greenblatt's customer base. However, you can see from the 2002 numbers that in fact Mr. Greenblatt was doing so well in the first seven months of 2002 that he was able to absorb the $85,656 loss in the last five months caused by the accident and still have a small net profit for the year of $10,372. That proves that his business was booming in 2002 before the accident happened. As stated previously, his Year-End profit in 2002, if not for the accident, should have been $139,275. By reference to the 2000 financials enclosed, you will see that he wisely took out $56,000 as additional personal income, over and above the base of $104,000, in 2000. He left approximately $35,000 in the corporation. He did end up with a 2002 Year-End profit in 2002 of $10,372 and left that in the corporation. Assuming he may have left another $15,000 in 2002 in the corporation (which he is not ever required to do and could have paid himself the entire $139,275), a conservation projection of the additional income he would have made in 2002, if not for the accident, is $124,275. This is our provable and recoverable economic damages in the claim. This does not include anything for lost • income in 2003. 11Wpd..\CLIF.Mf$Ki.b1ett.Mkhb IElCommpo eeTmg=ive.itr.M.10-05.&o Veronica Shirk June 10, 2005 • Page 7 of 7 Coupled with the non-economic damages, the settlement demand in exchange for a general release of Mr. Young, and his employer, and a discontinuance, is $155,000. Please analyze the matter and get back to me within the next 30 days with a response. Thank you. Sincerely, BYLER, GOODLEY, WINKLE, & HETRICK, P.C. olbroo u?D 'er V DHD/ses Enclosures cc: Michael Greenblatt Thomas J. Williams, Esquire Tim Dull, Roadway • • I:\Wpdom\CWENTS\Greenbleu.MlcheelE ov p ude e\Pmgrmeive.8c06-10-05.&c • 0 L 0 L7 E 0 • C C 0 • 0 • 0 • 71st wmtwm ft Wag Wlwbadtl lRS. s you are W#Md 0 es a M Perin. a nbpipwce PeleaybWeenEi mWWslMlessd an ywIseas aloa?watevldsiyouYtlIepelx, -Copy C For EMPLOYEE'S RECORDS 200 (See Nottts to Em 1p a Contra malbm 1 Wages, fps. 04tw _160AOO 2 Fademl Rcane tax wtedsp 35550.00 $So"seow*we"i 4 So" 86mdly tax wm*ww b Employer ID maro r 5 Rlsdtrae wages Wnd fps 6 medcam lax weliwm 23-2494842 160DW00 2320.00 c EmployNs own. address, and ZIP code SURFACETECHNOLOGYINC PO BOX 7031 2001 CARLTON PLACE LANCASTER PA 17604 n e Enpluyes's IWIta, address, and ZIP code MICHAEL E. GREENBLATT 2001CARLTON PLACE LANCASTER PA 17601-3617 7 SoM asoulfy *a a ASodled tlps a Advara M paylla 10 D.Pwwwa are beroft 11 NageNpNd plans 12 Bahama mcRmed h boa f3 Sm bNft for bas 13 14 Clow 15 Stabdmy amptlyw Deceased Perwbn plan Legal rap. Deymred carp. PA 23-2494842 160000.00 4480.00 16 Ehob.'s slab 11). 17 etc. fe Ycc1ltl tea 19 Loday nwne 20 Local woo". fps, elc. 21 lad i ccatl tax Lancaster County 160000.00 1600.00 Fare W-2 Walls and Tan SWemem Dept, of fM Tleaawy- IRS 39-1900547 0 r 9:32 AM 9ero1ro5 4r rual Basis • • SURFACE TECHNOLOGY, INC. Profit & Loss January 1 through December 1, 2000 Ordinary Income/Expense Income Sales Sales - regular Sales - Other Total Sales - Total Income Cost of (foods Sold Cost of Goods Sold Job Materials Subcontractors Supplies Freight & Delivery Cash Discounts Total Cost of Goods sum Total COGS Gross Prole Expense Uneategorized Expanses Telephone Mobile Phone Dike Telephone Pager Total Telephone Storage Printing & Reproduction Parking R tolls Landscapng Fuel Expense Advance Advertising t Promotion Auto and truck Dees and subscription Insurance Service Charge Personal Art Life Disability Bond Auto i Truck Homeowners Insurance - liabsty Insurance -workers camp Insurance - Health Jan 1 - Dec 1, 00 832,691.98 3,709.00 838,400.98 638,400.98 181,080.50 253,832.40 -24.51 6,347.00 -355.84 430,679.55 430,879.55 405,521.43 0.00 4,17326 6,482.62 257.05 10,912.93 251.94 919.45 61.36 1,875.93 5,306.62 55.00 23,195.60 6,088.53 1,440.97 8.00 81.51 2,418.50 768.04 200.00 5,187.39 658.76 2,106.62 571.00 11,2T7.61 Total Insurance Interest Fkmnce Charge Loan Idenest Total Interest Banc lees ProtessiaW Fees Bookkeeping Services Accounting Answering Service Computer Legal Fees Total Professional Fees Licenses & Permits 23,275.43 2,590.62 699.85 3,290.47 285.84 9,500.00 7,970.00 757.61 132.50 10,563.07 28,923.18 158.00 Paae 1 4 INC SURFACE TECHNOLOGY 9:32 AM , . ' Profit & LOSS 06101105 W"rual Basis January 1 through December 1, 2000 Jan 1 - Dec 1, 00 Miscellaneous -166.69 Office supplies 2,698.00 Office Furniture 528.82 Penalties -0.55 Postage 6 Delivery 227.11 Rend Rent - building 930.00 Rend - equipment 5,317.80 Rent - Other 110.00 Total Rent 6,357.60 Repairs and maintenance Building Repairs 138.18 Total Repairs and maintenance 138.18 Tools 3 Machinery 768.96 Travel & Entertainment Travel 31,789.00 Lodging 7,047.97 Meals 1,706.39 Entertainment 835.20 Total Travel & Entertainment 41,358.56 uniforms 28.00 Utilities Cable 363.96 Security Monitoring 97.30 Gas i Electric 2,929.78 online 281.40 Trash 238.40 • water i Sewer 738.01 Total Utilities 4,626.85 Payroll Expenses Travel Bonus 200.00 Comalssfons 5,078.00 Performance Bonus 0.00 SaNrMs -Office 150,792.00 Taxes - FICA 10,9.32 Taxes - nauanploymerd 1,008.00 Total Payroll Expenses 188,047.32 PA CAPITAL STOCK TAX -1,832.00 SALES t USE TAX EXPENSE 1,150.65 tax expense side 0.00 payroll 0.00 local 0.00 federal 0.00 Total tax expense 0.00 Total Expense 329,782.86 Net Ordinary Income other kwomsexpense 75,738.57 other heart Finance charge Income 532.42 hderest income 1,971.90 Total Other Income 1,439.48 other Exfww CORPORATE TAXES • FEDERAL TAXES 30,000.00 PA CNI 11,228.00 Total CORPORATE TAXES 41,228.00 Pam 2 Y 9:32 AM SURFACE TECHNOLOGY, INC. 00/01/06 Profit & Loss real Basis January 1 through December 1, 2000 Jan 1 - Dec 1, 00 Total Other Expense 41,718.00 Net Other Income -39,788.52 Nat Income 39,962.06 • • Paue 3 r 9:36 AM SURFACE TECHNOLOGY, INC. ' Profit & LOSS 06101105 Accrual Basis January through December 2001 Jan -Dec 01 Ordinary Income/Expense Income Sales sales - regular 557,665.89 Total Sales 557,665.89 Total Income 557,665.89 Cwt of Goods Sold Cost of Goods Sold Job Materials 122,510.18 Subcontractors 148,127.28 Supplies 1,435.31 Freight & Delivery 3,617.32 Total Cost of Goods Sold 273,190.09 Total COGS 273,690.09 Gross Profit 283,975.80 Expense Bad Debt 1,733.06 Telephone Mobile Phone 3,037.52 Office Telephone 4,194.62 Total Telephone 7,232.14 Storage 90.00 Prinking & Reproduction 759.57 Lugseaprg 3,569.39 • Fuel 6,414.37 Advertising 3 Promotion 35,849.11 ' Auto and truck 7,23121 Dues and subscriptions 4,057.75 Business I empi relaaonships I 311.96 nsurance Service Charge 0.00 Life 0.00 Dlsablitty 179.36 Bond 532.00 Auto R Truck 2,999.00 Homeowners 243.33 insurance - Ilawity 3,061.67 Insurance - workers camp 2,580.00 Insurance - Health 4,527.44 Total Insurance 14,102.80 Interest FInruce Charge 4,74263 Loan Interest 6,408.37 Total Interest 11,149.00 Be* kegs 542.57 Professional Fees Bookkeeping services 4,500.00 Accounting 12,961.40 Answering Service 1,099.49 computer 932.77 Design 8,863.93 Legal Fees 4,771.77 Total Professional Fees 33,12938 licenses R PerMts 347.00 • Miscellaneous 333.43 office su pp9es 3,892.05 Penalties 3.46 Postage b Delivery 517.86 Paae 1 y SURFACE TECHNOLOGY INC 9:36 AM , . Profit & LOSS 06101106 .Accrual Basis January through December 2001 Jan - Dec 01 Rend Rent - building 1,210.00 Rend -equipment 829.67 Total Rent 2,039.67 Repairs and maintenance Building Repairs 2,434.00 Total Repairs and maintenance 2,434.00 Travel 3 Entertainment Travel 4,573.11 Lodging 10,905.02 mods 6,298.59 Entertainment 1,578.94 Total Travel 6 EnteAainment 23,355.86 udlkles Cable 140.19 Security Monitoring 488.67 Gas 3 Electric 1,213.01 Online 924.71 Trash 101.57 Water 14 Sewer 229.87 Total utilities 1,920.68 DepraelWon 15,460.36 Payroll Expanses Travel Bonus 0.00 Commissions 0.00 PerWmwnce Bonus 1.00 • Salaries - office 162,403.02 Taxes - FICA 10,980.65 Taxes - unemployment 886.80 Total Payroll Expanses 174,251.27 SALES 3 USE TAX EXPENSE 471.63 Total Expense 350,532.50 Met Ordinary Income Other ku mnelExpense -68,558.70 Other hnCMie Interest income 2,097.28 Total OUnar kncome 2,097.28 Other Expanse CORPORATE TAXES FEDERAL TAXES 3,888.00 Total CORPORATE TAXES -3,688.00 Total Other Expense 3,686.00 Net Other Income 5,783.28 Not kncmne 40,773A2 0 Pacia 2 9:37 AM SURFACE TECHNOLOGY, INC. 06/01/06 Profit & Loss Accrual Basis January through December 2002 Jan - Doc 02 Ordinary k=xnalExpense Income Saks Saks - regular 598,208.70 Total Saks 598,208.70 Total income 598,208.70 Coat of Goods Sold Cost of Goods Sold Warranty 5,807.19 Job Materials 98,327.27 Subcontractors 207,758.30 suppose 2,440.70 Freight & Delivery 5,003.12 Told Cost of Goods Sold 317,136.58 Total COGS 317,136.58 Gross Profit 281,072.12 Expense Bad Debt 8,350.00 Telephone Mobile Phone 2,425.23 Office Telephone 4,215.24 Total Telephone 6,640.47 Printing & Reproduction 617.87 Landscapnng 1,311.52. • Fuel 3,911.20 Donations i Contributions 0.00 Bond Expanse 4,321.05 Advertising & Promotion 6,113.14 Auto and truck 12,600.87 Dues and subscriptions 4,546.59 Business Iampl relationships I 267.96 nsurance Service charge 354.00 Life -16.64 Dlsabooy 16.64 Auto a Truck 1,446.55 Homeowners 219.52 Insurance -oabllty, 1,925.11 insurance -workers comp 967.00 Insurance - Health 4,003.86... Total insurance 8,926.04 Interest Finance Charge 500.16 Loan kMarest 7,741.81 Total interest 8,241.97 Bank teas 167.14 Professional Fees Accounting 1,715.00 Answnwit Service 1,411.21 Computer 754.95 Legal Fees 8,921.37 Total Professional Fees 12,802.53 Licenses i Permits 189.00 Miscellaneous 85.00 • Office supplies 2,024.08 Postage R Delivery 433.28 Red Rent - building 1,855.00 Pane 1 r 8:37 AM SURFACE TECHNOLOGY, INC. - 001111r05 Profit & LOSS I Basis January through December 2002 Jan - Dee 02 Rent - equipment 1,253.80 Total Rent 3,108.06 Repairs and maintenance Building Repairs 38.32 Repairs and maintenance - other 275.21 Total Repairs and maintenance 313.53 Serninrs and education 20.00 Travel S. Entertainment Travel 1,128.93 Lodging 2,810.95 Meals 377.55 Total Travel a Entertainment 4,317.43 utilities Cable 292.88 Security Monitoring 141.26 Gas a Electric 1,344.89 online 1,985.41 Trash 104.56 Water a sewer 25827 Total tltllhles 4,107.25 Depreciation 9,950.00 Payroll Expenses Performance Bonus 0.00 Salaries - office 160,220.02 Taxes - FICA 11,072.93 • Taxes - unemployment 840.52 Total Payroll Expenses 172,139.47 SALES a USE TAX EXPENSE 2,281.80 Total Expense 277,787.83 Not Ordinary Income other IncomelExpense 3,304.49 other Income Gain on Sale of Assets 5,757.00 Finance charge income 0.00 Interest Income 1,311.21 Total Other Income 7,068.21 Net other Income 7,068.21 Not Intone 10,372.70 11 Pane 2 INC SURFACE TECHNOLOGY 8:38 AM , . - Profit & Loss 06/01/05 ?crual Basis January through December 2003 Jan - Doc 03 Ordinary IncomalExpense Income Sales Sales - regular 786,304.63 Total Saks 788,304.63 Total Income 788,304.63 Cost of Goods Sold Cost of Goods Sold Warranty 1,750.00 Job Materials 122,302.72 Subcontractors 264,491.14 Supplies 2,879.35 Freight 6 Delhwy 6,000.17 Total Cost of Goods Sold 397,223.38 Total COGS 397,223.38 Gross Profit 389,081.25 Expense SWOON 45,201.40 Telephone Mobile Phone 2,720.61 Office Telephone 4,080.26 Total Telephone 6,800.87 Printing A Reproduction 384.85 Landscapng 1,113.28 • Fuel 4,569.16 Bond Expecee 3,030.00 Advertising i Promotion 25,039.84 Auto and truck 9,530.61 Dues and subscriptions 7,262.63 Business / amps relationships I 495.02 nsurance Service Charge 404.60 Personal Art 0.00 Life 82.80 Auto t Truck 4,141.00 Homeowners 344.22 Insurance - fiabilty 2,022.22 Insurance - workers comp 1,283.00 husrance - Health 6,551.53 Total Insurance 14,829.37 I tareat Finance Charge 99.00 Loan interest 6,739.06 Total Interest 6,838.06 Bank fees 148.84 Professional Fees Accounting 4,754.00 Answering Service 1,590.30 Legal Fees 10,818.13 Total Professional Fees 16,968.43 Licenses a Permits; 265.75 Miscellaneous 109.48 Office supplies 3,404.70 • Postage 6 Delivery 765.73 Rent Rent - bufiding 2,699.19 Rent - equipment 1,951.27 Pane 1 9:38 AM 06/01/05 .Accrual Basis • • SURFACE TECHNOLOGY, INC. Profit & Loss January through December 2003 Jan - Dec 03 Total Rat 4,650.46 Repairs and maintenance Equipment Repairs 2,216.54 BuihBng Repairs 32.16 Total Repairs and maintenance 2,248.70 Travel 5 Entertdnment Travel 1,242.24 Lodging 4,828.84 Meals 1,528.95 Entertainment 117.00 Total Travel R Entertainment 7,717.03 udwies Cable 417.90 Security Monitoring 297.82 Gas i Electric 1,288.23 online 4,937.18 Trash 133.39 Water; Sewer 311.42 Total Miles 7,395.94 Depreciation 17,011.91 Payroll Expanses Nason project payroll exp 8,892.36 Pedormance Bonus 0.00 Salarlss -p(8ce 161,014.02 Taxes - FICA 12,191.80 Taxes-unemployment 2,253.77 Total Payroll Expenses 184,351.95 SALES & USE TAX EXPENSE 2,667.38 Total Expense 372,841.39 Net Ordinary hxx me Other Incomeffixpense 16,239.86 Other hrcame Finance charge income 9,402.17 Interest Income 442.97 Total Other Income 9,845.14 Net Other Income 9,845.14 Not Inane 28,089A0 Peas 2 INC. SURFACE TECHNOLOGY 9:40 AM , - Profit & Loss 09/01/05 crual Basis January through December 2004 Jan - Dec 04 Ordinary IncomdExpense income sales Sakes - regular 1,607,538.20 Total Saks 1,807,538.20 Total Income 1,607,538.20 Cost of Gooch Sold Cost of Goods Sold warranty 85.85 Job Materials 284,930.37 Subcontractors 527,255.98 supplies 1,529.64 Freight & Delivery 11,944.91 Total Cost of Goods Sold 805,746.55 Total COGS 805,746.55 Gross Prof t 801,791.65 Expense Telephone Mobile Phone 3,971.32 office Telephone 5,045.95 Total Telephone 9,017.27 Prinking 6 Reproduction 310.82 Landscaprig 12,088.82 • Fuel Fuel 8,801.98 Advertising; Promotion 24,363.19 Auto and tusk 11,289.99 Dues and subscriptions 6,89727 Business / empl relationships I r 273.98 ance nsu Service Charge 280.00 Life 111.20 Auto 3 Truck 3,762.00 Homeowners 389.89 Insurance - Ikbllly 3,150.00 Insurance -workers comp 1,022.00 Insurance - Health 10,27527 Total Insurance 18,950.16 Interest Finance Charge 1,010.88 Loan Interest 3,977.08 Total Interest 4,967.96 Bank fees 10977 Professional Fees Accounting 8,500.00 Answering Service 1,859.52 Computer 2,677.50 Legal Fees 32,322.51 Total Professional Fen 46,359.53 Licenses 6 Permits 304.50 Miscellaneous 76.00 office supplies 3,711.63 office Furniture 0.00 Postage i Delivery 727.37 • Rent Rent - building 3,380.00 Rent - equipment 2,566.45 Total Rent 5,920.45 Paae 1 9:40 AM 08/01/06 f1ccroal Basis • • SURFACE TECHNOLOGY, INC. Profit & Loss January through December 2004 Repairs and maintenance Equipment Repairs BuNding Repairs Repairs and maintenance - Other Total Repairs and nedrkenance Seminars and education Toole 6 Machinery Travel 3 Entertakernent Travel Lodging Meals Entertalnnent Total Travel i Entertainment utilities Cable Security Monitoring Gas R Electric Online Trash Water a Sewer Total utilities Depreciation Payroll Expenses SEP - Tammy Byrne SEP23394030 SEP173397356 Performance Bonus Salaries -Office Taxes - FICA Taxes - urnenplo nwd Total Payroll Expenses SALES 3 USE TAX EXPENSE Total Expanse Jan - Dec 04 457.22 185.82 3,305.00 3,947.84 20.00 64.72 4,492.16 12,434.28 1,831.71 281.16 19,039.31 426.99 246.44 1,731.28 5,903.34 81.02 283.18 8,674.25 32,244.79 5,713.75 41,000.00 37,767.70 0.00 351,200.79 17,984.08 1,980.51 455,646.83 8,463.68 679,245.90 Net Ordinary kwome 122,545.75 other Incorne/Expense Other Income Finance large income 3,69429 Interest incola 2,185.01 Total Other Income Net other Income Not income -1,529.28 -1,529.28 121,016.47 Peas 2 9:59 AM SURFACE TECHNOLOGY, INC. 06111v05 Profit & Loss 4r rual Basis July 26 through December 25, 2000 Jul 25 - Dec 25, 00 Ordinary IncomelExpense Income Sales Saks - regular 893,026.15 Saks -Other 3,709.00 Total Saks 896,735.15 Total Income 596,735.15 Cost of Goods Sold Cost of Goods Sold Job Materials 185,634.32 Subcontractors 276,194.90 Supplies 281.66 Freight 6 Delivery 6,420.37 Cash Discounts -355.84 Total Cost of Goods Sold 451,155.41 Total COGS 451,155.41 Gross Prof t 445,579.74 Expense Unphgorized Expenses 0.00 Telephone Mobile Phone 4,662.52 ODlee Telephone 6,712.24 Pager 257.05 Total Telephone 11,632.11 Storage 251.94 Printing i Reproduction 919.45 Parking 6 tolls 61.36 Landscapng 2,244.83 Fuel 6,073.79 Expense Advance 55.00 Advwdshrg i Promotion 25,270.06 Auto and truck 6,741.69 Dues and subscriptions I 1,564.37 nsurance Service Charge 9.00 Personal Art 85.92 Lift 2,581.00 Dl"Mity 835.68 Bond 200.00 Auto a Truck 5,250.24 Homeowner} 725.53 Insurance - Mlly 2,105:62 Insurance - comp 571.00 krsurance - Health 12,164.73 Total insurance 24,535.02 Interest Finance Charge 2,59DA2 Loan Interest 856.84 Total Interest 3,447.46 Bank.fees 295.64 Professional Fees Bookkaepbng Services 9,500.00 Accounting 7,970.00 Answering Service 757.61 Carquter 298.13 • Legal Fees 11,004.70 Total Professional Fees 29,530.44 Licenses b Pennfts 194.00 Pane 1 9:59 AM SURFACE TECHNOLOGY, INC. ? Profit & Loss - 08/01106 occrual Basis July 25 through December 26, 2000 Jul 28 - Dec 28, 00 Miscellaneous -166.69 Office supplies 2,747.54 Office Furniture 1,851.82 penalties -0.55 Postage & Delivery 252.06 Rant Rent - building 930.00 Reek - equipment 5,647.87 Rent-Other 220.00 Total Rent 6,797.87 Repatrs and maintenance Building Repairs 13818 Total Repairs and maintenance 138.18 Took & Machinery 768.96 Travel & Entertainment Travel 32,266.17 Lodging 7,132.22 Moak 1,931.55 Erkakaimient 642.20 Total Travel & Entertainment 42,192.14 Unflan nc 28.00 Utilities cable 396.53 Security Monitoring 160.30 Gas i Electric 2,929.78 Online 303.30 Trash 238.40 • Water & Sewer 818.01 Total utilities 4,848.32 Paywg Expanses Travel Bonus 200.00 Commissions 5,712.00 Perromsnce Bonus 2,600.00 Sakrks - office 164,867.00 Taxes - FICA 11,897.13 Taxes -unerrploymerk 1,183.00 Total Payroll Expenses 188,459.13 PA CAPITAL STOCK TAX -1,832.00 SALES 3 USE TAX EXPENSE 1,213.55 tax expense State 0.00 Payroll 0.00 local 0.00 federal 0.00 Total tax expense 0.00 Total Expense 356,118.49 Net Ordinary income other Incomeffitpense 87,461.25 Other Income Finance dw" income 532.42 Internet income 1,971.90 Total Other Income 1,439.48 Other Expense • CORPORATE TAXES FEDERAL TAXES 30,000.00 PA CNI 11,226.00 Total CORPORATE TAXES 41,226.00 Facie 2 9:59 AM SURFACE TECHNOLOGY, INC. 09/01/05 Profit & Loss Accrual Basis July 25 through December 25, 2000 Jul 25 - Doc 25, 00 Total Other Expense 41,225.00 Net Other income -39,785.52 Net Income 47,574.73 • • Pane 3 • 10,00 AM u 06/01/05 or rual Basis • • SURFACE TECHNOLOGY, INC. Profit & Loss July 25 through December 25, 2001 Ordinary InconWExpense Income Sales Sales - regular Total Sales Jul 25 - Dee 26, 01 325.340.00 325,340.00 Total Income 325,340.00 Cost of Goods Sold Cost of Goads Sold Job Materials 50,808.35 Subcontractors 81,431.49 Suppose 1,411.58 Freight i DeWery 2,900.22 Total Cwt of Goods Sold 136,551.72 Total COGS 135,551.72 Gross ProOt 188,788.28 Expense Telephone Mobile Phone 959.78 Office Telephone 1,910.98 Total Telephone 2,870.74 Printing i Reproduction 159.55 Landscapng 558.74 Fuel 1,711.05 Advert1sing 3 Promotlon 24,748.64 Auto and truck 2,478.&5 Dues and subscriptions 2,192.75 Business/empl relationships 311.96 Insurance Service Charge 112.00 IAs 4.00 Disability 03.20 Bond 532.00 Auto 3 Truk 3,2116.95 Hormew mers 109.45 Insurance - oabllty 2,945.00 Insurance - workers comp 722.00 Insurance -Health 1,000.00 Total insurance 8,875.20 Interest Ffiance Charge 1,e15.18 Loan Interest 3,0e0.42 Total Interest 5,475.60 Bank lees 75.26 ProNsslonal Fees Accounting 3,820.00 Anavradng Service 406.27 Design 8,883.93 Legal Fees 1,259.29 Total Professional Fees 14,439.49 Licenses a Pwn*s 158.00 Miscellaneous -330.37 OHke suppose 1,453.78 postage R Delivery 218.16 Rent Rent - building 550.00 Total Rent 550.00 Travel 6 Entertainment Peas 1 16:00 AM 1, 06/01/06 4r rual Basis SURFACE TECHNOLOGY, INC. Profit& Loss July 26 through December 26, 2001 Travel Lodging Meals Entertainment Total Travel E Entertainment utilities Cable SWANKY Monitoring Gas & Ehktrk Online Trash water 3 Sewer Total utilities Depre"lon Payroll Expenses Perrornwnee Bonus salaries - OBke Taxes - FICA Taxes - unemployment Total Payroll Expenses SALES 6 USE TAX EXPENSE Told Expense Jul 25 - Dec 25, 01 Net Ordinary Income • Other Incorne/Expease Other kneorrme Interest kkome Total Other Income Net Other Income Net humne • 1,454.71 398.44 4,618.31 2,530.77 884.91 1,454.71 1,454.71 38,816.02 62.28 -730.87 657.30 332.08 25.34 102.65 Pace 2 0.00 66,323.47 3,610.49 60.91 151,423.37 37,364.91 8,412.43 448.96 6,393.90 69,994.87 229.01 1'P b A 9:52 AM F 06/01105 Or al Basis SURFACE TECHNOLOGY, INC. Profit & Loss July 25 through December 25, 2002 Ordinary Income/Expense Income Sales Saks - regular Total Sales Total Income Cost of Roods Sold Cost of Roods Sold Job Materials Subcontractors Supplies Freight 6. Deltvary Total Cost of Roods Sold Total COGS Gross Proftt xpense Bad Debt Telephone Mobile Phone Ofltce Telephone Total Telephone Priding i Reproduction Landscspng Fuel Advertising & Pranotlon Auto and truck Dues and subscription wohn" I w w relationships Insurance Service Charge We Auto 6 Truck Homeowners Insurance - liability insurance -workers camp Insurance - Health Jul 25 - Dec 26, 02 179,744.95 179,744.95 179,744.95 53,858.57 68,970.92 1,730.72 2,004.41 128,564.62 128,584.82 53,180.33 8,350.00 1,037.61 1.753.02 2,790.83 30.00 568.65 1,701.80 18,147.24 3,689.80 3,314.90 287.96 140.00 9.20 1,914.00 74.97 1,835.67 -41.00 1,593.86 Total Insurance 5,328.70 Loan Interest Total Interest Bank tees Professional Pees Accounting Answering Service LegalFuns Total Professional Fees O/flce Supplies Postage & Delivery Rent Rent - building Rat - equipment Total Rent • Repairs and maintenance Seminars and education Travel 6. Entertainment Travel Meals 3,427.88 3,427.88 48.33 3,090.00 716.27 8,754.41 12,580.68 850.58 165.07 870.00 885.28 1,755.28 275.21 20.00 1,109.18 108.88 Pane 1 6:62 AM 06/01106 4r rual Basis u C SURFACE TECHNOLOGY, INC. Profit & Loss July 25 through December 25, 2002 Total Travel & EMertahanent utilities Jul 26 - Dec 26, 02 Gas & Electric Trash water & Sewer Total utllitles Payroll Expenses Performance Bonus Salaries -Office Taxes - FICA Taxes - unemployment Total Payroll Expenses SALES 6 USE TAX EXPENSE Total Expense 1,218.06 Not Ordinary Income Other In :omelEspanse Oliver Inane Finance charge Inane Interest Income Total Oliver Incorne 145.76 141.26 528.43 1,067.98 25.36 139.75 2,069.54 Net Oliver Inane Netlncane Paue 2 0.00 67,878.47 4,008.49 59.06 71,946.02 316.85 138,841.18 -85,860.85 -22.00 28.79 4.79 4.79 -66,666.06 • Y •7 10:02 AM SURFACE TECHNOLOGY, INC. 06fe,/00 Profit & LOSS real Basis July 25 through December 25, 2003 Jul 25 - Doc 20, 03 Ordinary kroornelExpense InCOnk Saks Saks - regular 302,996.63 Total Saks 302,996.63 Total Income 302,996.63 Cost of Goods Sold Cost of Goods Sold wwrannty 750.00 Joy Materials 72,044.41 Subcontractors 104,192.99 Supplies 520.9D Freight & DNWery 2,127.38 Total Coat of Goods Solo 179,635.68 Total COGS 179,835.68 Gross Profit 123,380.95 Expense Telephone Mobile Phone 752.21 Office Telephone 1.73287 Total Telephone 2,485.08 Printing i Reproduction 8.46 Landscapng 461.09 Fuel 2,450.32 • Bond Expense 3,030.00 Advertising 3 Pmnw# n 5,883.94 Auto and truck 4,550.75 Dues and subscriptions 4,611.59 Business / empt relationships 495.02 Iruiuance Service charge 144.00 Personal Art 13.17 Life 36.80 Auto i Truck 4,141.00 Homeowners 253.80 knwrance -OWIty 1,616.89 Insurance - Health 2,523.37 Total Insurance 8,729.03 Interest Loan kdwed 2,281.39 Total Interest 2,281.39 Bank tees 62.76 Professional Fees Answering Service 763.40 Legal Fees 8,663.81 Total Professional Fees 9,327.21 Licenses & Permits 93.75 Miseallaneoku 0.00 Offce supplies 2,083.06 postage i Devvery 351.76 Rent Rent - build" 1,379.19 Red - equipment 1,711.09 • Total Rag 3,090.28 Repairs and maintenance Building Repairs 32.16 Peas 1 e r 10:02 AM 06101/06 occrual Basis SURFACE TECHNOLOGY, INC. Profit & Loss July 25 through December 25, 2003 Total Repairs and maintenance Travel S Entertainmerd Travel Lodging Meals Entertairernent Total Travel S Entertalranent utilities Cable on R Electric Online Trash water i Sewer Total Ut"Wes Payroll Expanses Performance Bonus Salaries - 0111ce Taxes - FICA Taxes - unarnployrnent Total Payroll Expenses SALES & USE TAX EXPENSE Total Expense Jul 25 - Dec 26, 03 Net Ordinary Incorne • Other lnconwfflxpwm OUner income Finance charge income Total Other Irncane Net Other income Net income • 32.18 Paoe 2 233.42 2,099.95 343.30 97.00 166.43 673.27 3,382.00 79.75 221.01 0.00 68,306.47 4,419.56 117.04 72,845.07 138.12 130,288.97 -6,926.02 6,112.45 6,112.46 6,112.45 a13.57 2,773.67 4,522.46 D8,30-2004 OB:30AM FROM-WAL2,0EiM,GEISENBERGER,BUCKLER & TENRIS TIT-382-3080 I T-883 P.002/004 F-163 a Control number OMB No. 1545-000E b Employer identl6catlon number 1 Wages, Lps, or or compensation 2 Federal Income lax wibmald 23-2494842 104001.00 27045.00 a Employer's name, adcross, and ZIP coax 3 Social security wagon 4 Social Sacudly tea Witnneld SURFACE TECHNOLOGY, INC. 80400.00 4984.80 2001 CARLTON PLACE 6 Medicare wages and tips 104001.00 6 Medoara tax Witnneld 1508.01 LANCASTER PA 17601--3617 , s 7 ocial aeoumy nps 8 Auocaten llpa d Employee's social security (lumber 9 Advance EIC payment 10 Dependsnr can benefits 233-94-0340 e Employown name, eodress, ano ZIP code 11 Nonquallfled plans 12a MICHAEL E GREENBLATT 2001 CARLTON PLACE 9a0en enm,e 'In,o-raro 13wwM rs anpW 12b LANCASTER PA 17601 17 1 1 r . 14 Otner 12c i2d a 15 SW mplo es state ID number 3 PA 149482 16 State wa as, tips, eta 10001 00 17 State income to 2912 03 15 Local va tips, etc. 10?OJ 00 19 Local Income M 0 0 20 locally came - ? . . .: 1 4 .01 LCEIT r? Wage and Tax DapaRment of 01o Treasury-Intemal Revenue Servlce, xm YY =2 Statement 2001 opy 2 To Be Filed With Employee's State, City, or Local come Tax Return. EXHIBIT b641-a • 08-30-2004 08:30AM FROM-WALZ,DEIM,GEISENSERGER,9UCKLEN & TENNIS 717-392-3080 T-993 P 003/004 . F-153 a Control number $at, accurate, visa the IFts Web She OMB No. 1545-0008 FAST! Use at wvavdrs.gov. b Employer identification number t Wages, upa. O4te, r7pen6Anon 2 Fedora) Income tat wltnhei -94 c Employers name, address, and 7JP cells 3 Sw,ai security wages 4 Social escurily lax wonnelo INC. SURFACE TECHNOLOGY 84900.00 5263.80 , 2 00 1 CARLTON PLACE 5 Medicare wages eno tips s Mad care ax'" 'hem 104000.00 1508.00 7 7 0 3 LANCASTER, PA 1 6 1- 61 7 Social security lips 8 Allocatad ups d Employee's social secudry number a dvanee EIC payment 10 Depandem care benefits 233-94-0340 e Employee's name. address, and ZP cooe 11 Nongwl!fled plans 12a See In9lruwons for box 12 MICHAEL E GREENBLATT t .2001 CARLTON PLACE 13 ma"o°' oa`ma"' .m'vv 22b t PA 17601 LANCASTER r ' 14 Other 12c Sam Employer's stale ID number 16 $lete wegos, tips, sic. 11 Stale hcame tax 19 LOW We9es, eps, ete. 19 Local incame tax 20 Lmall ertm PAJ 23-249482 104000.00 2912.00 104000.00 1040.00 LCMT ?Ar Wage and Tax Farm IIr ant Statement 20112 Copy 8 To Ele Mad with Employee's FEDERAL Tax Return. 07ev, February 2002) This Information Is being turnlshad to the Internal Revenue Service. Department of ire Treasury-Imeme! Revenue Service 0 r 08-30-2004 08:30AM FROM-WAL2,DEIM,GEISENSERGER,BUCRLEN & TENNIS 717-382-3080 T-893 P. 004/004 F-163 a Control number O 22222 void OMB NO. 1595-0008 A Crn..i...r u•..,ir:..-Nnn .....nn-. 7• ,?L? v? - ? n c ? ? l Fr L 21-2494842 106293.00 15105.00 e Cmployar's name, address, and ZIP code 9 Social security ,gvLrggsO 0 O 0 tltl //VV 4 SOcru( security t 3 9 90 SURFACE TECHNOLOGY, INC. • O 0 J 2001 CARLTON PLACE 5 Med'icarewapw6?nf? .00 6 Medicare taxWllh0esi1 25 LANCASTER, PA -17601-3617 . 7 Social seoudly tip, 8 Allocated tips d EII1 TT-" 0t' "T6number 9 Advance SIC payment 10 Dependant care genies a Engve m' ac?dreas, end ZIP code GREENBLATT 11 Nonquallfied plant 120 Sw instructions for box 12 L - - I 2001 CARLTON PLACE 134??,; W1 naY 1, 12b LANCASTER, PA 17601 4A Other Une 21.26 =2c Auto fri 2293.00 12d yyc i t5ple? 4E-T L "-f number 16 8w±Cfan%n o'b 0 17 Mrs r5en tab 0 18 LOCiICt ?Mb& etb 0 10 1.001 VKOAIV't 0 20 Wrypp,aapp f? Wage and Tax Ferro W=2 Statement Copy 1 For Bfate, CHy, or Local Tax Deparlment Copy D For Employer. 2003 For PrIvCy Act and Pasperw*W Raduction o Sarvca A" Nadoe, see "Parole Inwn0 ions. FORM LW2D1 0 f.. Y 'I., ,- IMFIllR w Q..? k 0 UO:7 2 2005 ? _ s MICHAEL E. GREENBLATT, Plaintiff V. TRAVIS YOUNG, Defendant RULE 1312-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3471 20 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas J. Williams counsel for the /defendant in the above action (wxwfmax;'* respectfully represents that: 1. The above-captioned action (=ax is (w* at issue. 2. The claim of plaintiff in the action is $not in excess of $50,000.00 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Martson Law Offices; Plaintiff is Pro Se WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Thomas l?Williams, Esquire ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY IF t n r cif I . _ " 4 j MICHAEL E. GREENBLATT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3471 20 TRAVIS YOUNG, Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas J. Williams. , counsel for the /defendant in the above action m*respectfully represents that: 1. The above-captioned action (jwsotiis {mac} at issue. 2. The claim of plaintiff in the action is $not in excess of $50,000.00 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Martson Law Offices; Plaintiff is Pro Se WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, T omas '?Williams, Esquire ORDER OF COURT petition, _ Esq., and (or actions) as prayed for. 200 Y , in consideration of the foregoing Esq., and Q.t Esq., are appointed arbitrators in the above EDGAR B. BAYLEY LLj `7 ' F Cl. c C .? rv I ?;ena .I w? C3 U CR- G :. ri F t.? i? MICHAEL E. GREENBLATT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS YOUNG, ET AL., DEFENDANTS 04-3471 CIVIL TERM ORDER OF COURT AND NOW, this ?? day of April, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Roger B. Irwin, Esquire, Chairman, shall be paid the sum of $50.00. By thq,49tburt, Edgar B. Bayley; Roger B. Irwin, Esquire/ Court Administrator :sal OOP ies, */-Slog Pj?8 C\j c zu Cl F: \FI LES\Clients\Progressive7837\Current\ 163\7837.163. PRA Revised: 3/26/08 1 1: 05AM MICHAEL E. GREENBLATT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3471 CIVIL ACTION - LAW TRAVIS YOUNG, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. By ? Michael E. Greenblatt 2001 Carlton Place Lancaster, PA 17601 Pro Se Plaintiff Date: 3 /„? 81o 7 ? tom' co -r? rr{?, x"