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Home My WebLink About05-3885 GARY SALISBURY and SHARON K. SALISBURY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA 2005- .5 ~~ CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING, TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI.BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individnals tJd/b/a TRI-BORO CONCRETE, LAM CORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPER A. KLEINE, an Adult Individnal, Defendants CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants. TRI-BORO RENTAL, STORAGE & LEASING, TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adnlt Individuals tJd/b/a TRI.BORO CONCRETE, LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEINE, an Adnlt Individual, and enter my appearance on behalf of the plaintiffs. GARY L. SALISBURY and his wife. SHARON K. SALISBURY. Please direct the Sheriff to serve the defendants as follows: Tri-Boro Rental, Storage & Leasing 435 Locust Street P.O.BoxS Dallastown, PA 17313 Christopher A. Kleine 25 South High Street, Rear Newville, PA 17241 Tri-Boro Construction Snpplies 1490 Ritner Highway Carlisle, PA 17013 Tri-Boro Construction Supplies, Inc. 155 North Walnnt Street Dallastown, PA 17313 Tri-Boro Concrete 346 Ashford Drive Lancaster, PA 17601 Lamcorp, Inc. 346 Ashford Drive Lancaster, PA 17601 Jay C. Skowronek Lamcorp, Inc. 346Ashford Drive Lancaster, PA 17601 Glenn C. Rexroth Linda A. Rexroth Tri-Boro Construction Supplies, Inc. 155 North Walnut Street Dallastown, PA 17313 Respectfully submitted, July 29. 2005 To: TRI-BORO RENTAL, STORAGE & LEASING, TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A . REXROTH, Adult Individuals t/dlb/a TRI-BORO CONCRETE, LAM CORP, INe., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEINE, and Adult Individual You are hereby notified that Gary L. Salisbury and his wife. Sharon K. Salisbury, plaintiffs. have commenced an action against you which you are required to defend or a default judgment may be entered against you, c~ /( r ~ PROTHONOTARY 7 ~ By: Date: "7/;;" . ,2005 ~(\ ~ ~, ~ ~ ~ ~ ") l' ~ o ~ ~ \ (j d ,....=' c' (") '-:-) -n c"': ic.: 1",' 1"..':] 1'" 'U:) ~~'=; C0 Johnson. Duffie, Stewart & Weidner By: John A. Statler. Esquire I.D No. 43812 301 Market Street p, O. Box 109 Lemoyne. Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw,com Attorneys for Defendants GARY SALISBURY and SHARON K, SALISBURY, His Wife. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, : CIVIL ACTION - LAW TRI-BORO RENTAL. STORAGE & LEASING, TRI-BORO CONSTRUCTION SUPPLIES, INC" TRI-BORO CONSTRUCTION SUPPLIES. : NO, 2005-3885 CIVIL TERM GLENN C, REXROTH. LINDA A, REXROTH. Adult Individuals t/d/b/a TRI-BORO CONCRETE, LAMCORP, INC.. JAY C, SKOWRONEK. an Adult Individual and : JURY TRIAL DEMANDED CHRISTOPHER A. KLEIN, an Adult Individual, Defendants ~ PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson. Duffie, Stewart & Weidner, P,C, as counsel for all of the Defendants in the above-captioned action, J By: John A. S a e, sq Attorney \.0, No, 4 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants , ~ II DATE: 91Ct lor :258064 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at lemoyne, Pennsylvania. with first-class postage prepaid on the U 1"\11 day of ~~ ~. 2005, addressed to the following: Marcus A, McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JO By: John A, Statler, Attorney I.D. No, 4381 301 Market Street P.O. Box 109 lemoyne. PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants t-' ::.;:-; {:..n C) -n (.) --.. - ----- SHERIFF'S RETURN - OUT OF COUNTY CASE No: 2005-03885 P COMMONWEAL~H OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI-BORO RENTAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TRI-BORO RENTAL STORAGE & LEASING but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, pennsylvania, to serve the within WRIT OF SUMMONS On September 19th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 18.00 9.00 10.00 65.87 1.11 103.98 09/19/2005 MARCUS MCKNIGHT So answ~ ~2- - ?~~ R. Thomas Kline Sheriff of Cumberland o ~---~ County Sworn and subscribed to before me this 3n J1J () '5' day of ~'rJ- AD/'} , //~ " Ilk " ~rothonot y,,' SHERIFF'S RETURN - OUT OF COUNTY CASE NO:' 2005-03885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI-BORO RENTAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TRI-BORO CONCRETE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 19th , 2005 , this office was in receipt of the attached return from LANCASTER 6.00 9.00 10.00 66.53 .00 91.53 09/19/2005 MARCUS MCKNIGHT So answers':" ,j ",','" 'k:."-:;~Y?~ ,,/ R. Thomas Kline/ Sheriff of Cumberland " Sheriff's Costs: Docketing Out of County Surcharge ..../ County Sworn and subscribed to before me this 30 J-ou'J- day of S, ,4- A.~~~~ _ ,J'5rothone;~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI-BORO RENTAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SKOWRONEK JAY C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 19th , 2005 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 09/19/2005 MARCUS MCKNIGHT So answer.';>: ,,",c~~_~;;~;?' ~"""c' , R. Thomas Kline ( Sheriff of Cumberland County Sworn and subscribed to before me this 30 day of 5..t.-p'" <-<<TO:; /f . D ',', ",/) Lftod~ ~ ' Proth not~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI-BORO RENTAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LAMCORP INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 19th , 2005 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 09/19/2005 MARCUS MCKNIGHT So answers," --;- ,. ./7 ' " / '/'.. " .k.c>'>?-/ .c----'" / .. '--.;;~-'-'- ~;,~- ~;~ R'. Thomas Kline Sheriff of Cumberland County , --- Sworn and subscribed to before me this 3n day of <;.. f-f-. ;}()(j-{ ,~D. " 1/ { 'wd0e; PrQt.h6 otar SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI-BORO RENTAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TRI-BORO CONSTRUCTION SUPPLIES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 19th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge So ans1.<leri;>: 6.00 .00 10.00 .00 .00 16.00 09/19/2005 MARCUS MCKNIGHT ..,.,/";';?-. '~? ~..- , -"':_., ",......c., . ~~>-", "'-'. '- R. Thomas Kline Sheriff of Cumberland / c:':"" County Sworn and subscribed to before me this ~ () day of .D. SHERIFF'S RETURN ~ OUT OF COUNTY CASE NO: 2005~03885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI~BORO RENTAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: REXROTH GLENN C IND & TDBA TRI BORO CONCRETE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 19th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 09/19/2005 MARCUS MCKNIGHT So answers: ,'~ ') .-/~.- -,.-<' :":-;...>,:;~~.-.-;?~ /" R. Thomas Kline L Sheriff of Cumberland County Sworn and this ~o ~}5 A.D. ~ C~~, / Protha otary' subscribed to before day of ~~ me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI-BORO RENTAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: REXROTH LINDA A IND & TDBA TRI BORO CONCRETE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 19th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 09/19/2005 MARCUS MCKNIGHT SO~I).SVl'~8: / (.- ),;/ ~.do~____~::-_ R. Tho~as -Kli e Sheriff of Cumberland County Sworn and subscribed to before me this 3n ~/J as'...... day of ~f A.D. .~,." ) (! 0/:t:::.' Prothon tary; SHERIFF'S RETURN - REGULAR CASE NO: 2005-03885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI-BORO RENTAL ET AL RONALD 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 TRI BORO CONSTRUCTION SUPPLIES the DEFENDANT , at 1020:00 HOURS, on the 18th day of August , 2005 at 1490 RITNER HIGHWAY CARLISLE, PA 17013 by handing to GINNY KEENER, SECRETARY, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 4.00 .00 10.00 .00 20.00 So Answers: ~/,// ./~ ~;.d- . <,-/ /'~J -r ,V.;:.r?-7""c~"<.. -;1 ..- R. Thomas Kline 09/19/2005 MARCUS MCKNIGHT Sworn and Subscribed to before By: Q,', . / /iLV~.~7o - Deputy Sheriff me this C A.D. day of SHERIFF'S RETURN - REGULAR CASE NO: 2005-03885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SALISBURY GARY ET AL VS TRI-BORO RENTAL 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 was served upon KLEINE CHRISTOPHER A the DEFENDANT , at 1945:00 HOURS, on the 17th day of August , 2005 at 402 NEALY ROAD NEWVILLE, PA 17241 by handing to CHRISTOPHER KLEINE 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 Service Affidavit Surcharge So Answers: f/~<-;:( .";< .,l<'~~:;.~~.'+~rd " 6.00 9.60 .00 10.00 .00 25.60 ?:-;'4:'--.>;;;~.~:~~./, .,', R. Thomas Kline 09/19/2005 MARCUS MCKNIGHT Sworn and Subscribed to before By: o (!J L+:,~ Deputy' Sheriff J me this day of A.D. I . , /"I7FV -'1' &, fllI/l.I,- COUNTY OF YORK SE~~tALL (7]7) 771-9601 OFFICE OF THE SHERIFF 45 N. GEORGE ST.. YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRI:ICTIONS PLEASE. TYPE ON. V LINE 1 TtwtU 12 De NOT, DETACH ANY COPES 1 PLAINTIFF/Sf Garv Salisbury. 3 DEFENDANT/51 et al 2 CQURT NUMBER 2005-3885 Civil .. TYPE OF VVRIT OR COMPLAINT Tri-Boro Rental StoraS'e & Leasin~ SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD .. Tri-Boro Rental, Storage & Leasing 6. ADDRESS (STREET OR RFQ WTH BOX NUMBER. APT NO, CITY, BORD, TWP. STATE AND liP CODE) AT 435 Locust St, Oallastown, PA 17<1, 7 INDICATE SERVICE 0 PERSONAL lJ PERSON IN CHARGE UOEPUTIZE r'.,J.FtM"blAl'll'::, nrl U 1ST ClASS MAil U POSTED U OTHER NOW g /1 ? , 20J:l..'L I, SHERIFF OF~ COUNTY PA 0 hereby deputize the sheriff of Y,'rl'- COUNTY to execute-ll:lil"f'l1i ake return .' ccording to law, This depulization being made at the request and risk of the plainliff" r .... Hrit of Summons SlcA- 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT VV1ll ASSIST IN EXPEDITING SERVICE ~ NOTE: ONLY APPUCABLE ON WRIT OF EXECU ION: N.B. W HUN. Any deputy shenff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in posse 10. after notlfyin rson of levy or anachmenl, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, deStrudion. Of removal of any property be' enff's sale thereof p 1)'P"./WolE.~IJl/;~~Jlfl,e,~~,9! AVO~NEr I.oR\<i'NATp'l-~n'1;-S6G~A!U~~" 'Q TELEPHONE NUMBER " r-1!11\CU0 l11..~L,~jl\J"~ J,l I aU ..~. PUch l.u-,1 01.. Cl\nLISLE, Pi\. 17013 !.49-2353 DATE FilED ~2-fJ5 12, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BelOW (thiS area must be completed if notice IS to be mailed) CUMBERLAND CO SHERIFF 13 I acknowledge receipt of the writ Of complaint as indicated above RESIDENCE ( ) SEE REMARKS BelOW 16 HOW SERVED PERSONA: 17 18, 22 REMARKS' 42 d'Vol..;~]i;,6N~rlI!O NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIReS AUG, 12,2009 SHERIFFAi'~ 45. D irE "" oS 47,0 TE 9/2/05 48 Signature of Foreign County Shenrr 49 DATE 113440 . II~ q0 , t 1 OF 3 SHERIFF'S OFFICE 4 3: H (JJ () -0-3 ;0 'i' -tJl o ;0 o 50 NORTH DUKE STREET, P.O, BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT. and AFFIDAVIT OF RETURN t PLAINTIFF IS I ~En~QR PRINTa.B~leLV: DO NOT.DET"CH (IN( ~f)"t;S. r 2 COURT NUMBER Gar Salisbur 3 DEFENDANT/SI et. a1. Tri-Boro Rental Stora e & Leas'n S:"'ARTVE {::;':::;~:::::~:~"~::::" ,'":O,~~:': "" ... 6 ADDRESS 15"00' o~ RFa :pa~m~~' N:_C:Y_ ~O~_T:~ ~Ial: :nd :'~ ~o~~ 7 INDICATE UNUSUAL SERVICE, D DEPUTIZE D OTHER C'1Jmc",.damj Now, R /1 ? / () 5 20 ~ , I, SHERIFF OF - X;OUNTY, PA, do hereby Lancaster County to execute this Wri to law, This deputation being made at the request and risk 01 the plaintiff, I. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Wri Cunber land r Please mail return of service to Cunberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching a.,y property under within writ may leave same without a watchman, In custody 01 whomever is found in possession, after notifying person of levy or attachment, wtthoutliabitity on the part of such deputy or the sheriff to any ptaintill herein for any loss, destruction or removal of any such property before sherifl's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10 TELEPHONE NUMBER 11 DATE MARCUS A. MCKNOGHT, III 1 _ 4 _ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This ar.a must be compleled if nolice is 10 be maned) IRWIN & MCKNIGHT 60 WEST POMFRET ST. CARLISLE, PA. 17013 SPAOE BELOw FOR USE Of' HRIFF ONLY - DO MOT WRITE BELOW THIS UNE 15 8/2/05 CUMBERLAND COUNTY SHERIFF JACKIE 14 Date Received Expiration/Hearing date 13 I acknowledge receipt 01 the writ I or complaint as indIcated above 8/16/05 9/1/05 16 I hereby CERTIFYand RETURN that I 0 have personally served, ave legal evidence of service as shown In "Remarks", U have executed as shown in "Remarks", the wnt or complaint descrrbed on the IndiVidual, company, corporalton, etc , at the address shown above or on the Indlllldual, company, cor- poration. etc. at the address inserted below by handing a TRUE and ,ATTESTED COpy thereot 1701 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc, named above (See remarks below) 18 Name and htle of individual served (it not shown above) (Relationship to Defendant) :;::: 5t'<<-DW! 'N 1< ~-t..U/DeA..)r 20 Address f where served (complete only if different than shown above) (Street or RFD, Apartm~nl No ,City, Boro, Twp S'a'o and Z,p Codo) /"',:f7vUf-,5 rtltt.. CDw~,/ S.dc ,c-r /.;c' '5 O/"{-"/o- )~ IV .th..tt<c srI. .7 ,'i'>Vc if /.I D... Mil.. D.p. Int. ;fL 19 ~NoServic:e See Remartts Below (No_ 30) 21 Date of Service 22 Time 9'/0/'0.;; S': 'fS AM --. '.:.mr 23 ATTEMPTS Oep.lnt. 25 Servic R 150.00 64.50 30 R STA (lc. ---=-= ,,--. .:5 ._C> ---'><7 I '6 oZ,C, S- . 31 AFFIRMED an~ubscribed to before me ,this ~~ 34 day of //.4../" "-<]Ii '" / 20 tIf::.. A hIJJ)) // III ~ AI1 A J 3S Signalure hero II 113440 ~,- 2 OF 3 SHERIFF'S OFFICE Gar Salisbur 3 DEFENDANTISI et :3: H (Jl () .., ;u 'i' III o ;u o 50 NORTH DUKE STREET, P,O, BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT. and AFFIDAVIT OF RETURN 1 PLAINTIFFISI p~SAfN;np.QII~INT~V. , 00 NOTIJET~HAN*.:~S. 2 COURT NUMBER T Tri-Boro Rental Stora e Writ of Summons SERVE {5 NAME OF INDIVIDUAL, COM ANY. CORPORATION . T~5 r. SknwrnnAk 6 A DRESS (Street or RFD, Apartment No. City. Bora. Twp. Slale and ZIP Code) AT 14(, A,d,fo,..c! n,..i"" T "n<:9~ter PA 17G01 7 INDICATE UNUSUAL SERVICE: D DEPUTIZE D OTHER 7 Now. ~/ lL 20 ----D.5- , I, SHERIFF OF ~dCOUNTY, PA, do her.eblt", d d~ t,;,', e the,Sh~Y, '..P.JiI" , Lancaster, , County to execute this Writ ~~~~Jr,.).~~~f ~,~~~ to law, This deputation being made at the request and risk of the plaintiff, -1'" c'--_ .', ,-,-~ . SHERiFf o~- COUNTY 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, CUmberland Please mail return of service to Cunberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman. in cus10dy of whomever is found in possession, a"er notilying person 01 levy or attachment, without liabilityon the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property belore sheriff's sale thereof 9. SIGNATURE of ATTORNEY or olher ORIGINATOR 10 TELEPHONE NUMBER 11 DATE MARCUlllS A. MCKNIGHT, ESQ 717-249-2353 8/2/05 12...SEHD.NOtICE.O.ESEBlllCE.COPY TO NAME AND ADDRESS BELOW: (This .ree must be completed if notice is to be mailed) lRW1N & MCKN1GH~ CUMBERLAND COUNTY SHEIRFF 60 WEST POMFRET ST. CARLISLE, PA. 17013 SPACE BElOW FOA USE OFSFlERIFF ONLY - DO NOT WRITE BElOW THIS LINE 14 Date Received 15 Explratlon/Hearlng date 8/16/05 131 acknowledge receipt of the wrill or complaint as indIcated above r NAME of Authorized lCSO Deputy or Clerk E MICCICHE 717-299-8200 9/1/05 16, I hereby CERTIFY and RETURN that I ave personally served, D have legal evidence of service as shown In "Remarks'., r] have executed as shown In "Remarks", the wnt or complaInt described on the individual, company. corporation, etc., at the address shown above or on the individual, company, cor. poration. etc, al the address inserted below by handmg a TRUE and ATTESTED COPY thereol 17 D I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc. named above (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship 10 Defendant) 19 U No Service See RemarXs Below (No 30) 23 ATTEMPTS .City, Bora. Twp 21 Date of Service 22 Time B -22-0": 'i?.' '1<; AM -- ~~ Oep.lnl. 24 R 30 * STA. 31 AFFIRMED and subscribed 10 before me this 0;;> 35 Siana ra af Sheriff ,,, "I.. 34 day of /""t . ^ ) 20 , ~, 3 OF 3 SHERIFF'S OFFICE 3: H (Jl () 50 NORTH DUKE STREET, P,O, BOX 83480, LANCASTER, PENNSYLVANIA 17608.3480 . (717) 299-8200 PLEASE TYPE OR ~lt{1'lEOIBlY. DO NOT OETACHAtff cOpiES. 2 COURT NUMBER 2005-3885 Civil 4 TYPE OF WRIT OR COMPLAINT >,l ;l:l H III o ;l:l o SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PLAINTlFF/SI Garv Salisbury, et. al. 3 DEFENDANT ISI Tri-Boro Rental Stora~e & Leasin~ et. al. SERVE {5 NAME OF INDIVIDUAL COMPANY CORPORATION ETG TO BE SERVED ~ Lamcorp. Inc. ...,. 6 ADDRESS (Street or AFO Apartment No CIty Bora Twp. Slale and ZIP Code) AT 346 Ashford Drive. Lancaster, PA 17601 7 INDICATE UNUSUAL SERVICE, D DEPUTIZE D OTHER Clnnberland Now, ~f1N[t5 20 - , I, SHERIFF OF 811._. n COUNTY, PA., do hereby d~putize the Sheriff of L e County to execute this Wri.tW~ ~rn thereof acc~ing to law. This deputation being made at the request and risk of the plaintiff, "",-, ',--':ec' /./ SH RI ~ . u",~ ~/ l!J. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Writ of Summons Clnnber land Please mail return of service to Clnnberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WAIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching ally property under within writ may leave same without a watchman, In custody 01 whomever is found in possession, after notifying person ot levy or attachment, without liability on the part of such deputy or the sherif! to any plaintifl herein for any loss, destruction or removal of any such property before sheriff's sale thereot 9. SIGNATURE 01 ATTORNEY or other OAIGINATOA 10. TElEPHONE NUMBER 11 DATE MARIICUS A. MCKNIGHT, III, ESQ. 8/2/05 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: IRWIN & MCKNIGHT 60 WEST POMFRET ST. CARLISLE, PA. 17013 SPACE BELOW FOR lilSE OF SHEFlIflF ONLY -00 NOT WfIITE BELOW THIS UNE 15 14, Dale Received ExpiratIOn/Hearing date 13 I acknowledge receipt olttle writ I NAME 01 Authorized leSO Deputy or Clerk or complainlas indicated above JACKIE MICCICHE 2 -8200 8/16/05 9/1/05 16.1 hereby CERTIFY and RETURN thai I GI have personally served, have legal evidence of service as shown In 'RemarkS",r] have executed as shown In "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company. cor- poration. etc.. at the address inserted below by handmg a TRUE and ,ATTESTED COPY thereol 17 0 I hereby certify and return a NOT FOUND because I am unable to tocate the individual, company, corporation, ete , named above (See remarks below) 18 Name and Iitle of individual served (if nol shown above) (Relationship to Defendant) M C, . (2 '. '12~~/ U<Z/<...- 20 Address t where served (complete onty it differenlthan shown above) (Stieel orAFD,ApartmenlNo .City, Boro. Twp SlaleanOZ'Pcodelj,4.UCrlSn=:.K Co ,.5r-lt!:-t<?/tctC 'S t:?hC/C-e So tV, Il<..t/C<:. 5 r /, f4. ~ Dep 19 L'No5efvioe See Aemarto;s Below (No. 30) 23 ATTEMPTS 21 Dale of SeNlce 22 Time ~ 1?:t.(S ~ Dep,lnl. 24 * STA 3 t AFFIRMED and subscribed to belore me this 35 Sig ure of Sherltl 34 day of 37 ' P rOl honoteryl De pr ly/NGI MY COMMISSION EXPIRES { .- - 1 WHITE - Issuing Authority 2. PINK - Attorney 3 CANARY - Sheriff's Oflice 4. BLUE - Sheriffs Oflice ~ ;?/.J---f. COUNTY OF YORK OFFICE OF THE SHERIFF l~ 0( - SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN _TRUCTIONS PLEASE TYPE ONLY LI\IE 1 TMIIU 12 00 NOl'DETACN' MY COPES 1 PLAINTIFF/S! Gar Salisbur 3 DEFENDANT/51 Tri-Boro Rental Stora e & Leas' 0 Writ of Summons S.ERVE { 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, E C TO SERVE OR DESCRIPTtON OF PROPERTY TO BE lEVIED. ATTACHED, OR SOLD Tri-Roro C:onRtrllC'tinn Sl1i~lie~ Inc 6 ADDRESS (STREET OR RFO VIJITH BOX NUMBER, NO. ern. BORO. l'WP. STATE AND liP CODE) AT 1 SS North W"lnllt <;t Pi;lllo~ti?\?R P!'. 17313 7 INDICATE SERVICE D PERSONAL lJ PERSON IN CHARGE U DEPUTIZE ' 'J CERT MAil U 1ST CLASS MAil NOW C1 /1 ? ,200-5- I, SHERIFF OF ~cohf"tt4, PA, do hereb V n,. k COUNTY to exec t and make to law, This deputization being made at the request and risk of the plainti et. a1. 4 TYPE OF WRIT OR COMPLAINT 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT \/\/IlL ASSIST IN EXPEDITING SERVICE U POSTED U OTHER OUT OF COUNTY CUMBERLAND ADVANCE FEE PD BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION; N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession. after notifying person of levy or anachmenl, withOut liability on the part of such deputy or the sheriff 10 any plaintiff herein for any loss, deslrudion. or removal of any property before sheriff's sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10_ TelEPHONE NUMBER 11 DATE FILED HARCUS 1'1CKNIGBT III 249-2353 12_ SEND NOTICE OF SERVtCE COPY TO NAME AND ADDRESS BELOW (ThIs area must be completed if notice is 10 be maIled) Cumberland Co Sheriff 2-2-05 13 I acJmowtedge receipt 01 the writ or complaint as indicated above w 'FOR USE, QF tHE R. ARHENS 15 Expiration/Hearing Date 5 9-1-05 16 HOW SERVED PERSONAL~ RESIDENCE ( ) POSTED ( POE ( ) OTHER ( ) SEE REMARKS BELOW 17 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company. etc named above. (See rema!1(s below.) 18 NAME AND NDI IOU lUST ADDRESS HERE IF NOT SHOv.'N ABOVE (RelationShip to Defendant) 19 Date of Service 20 Time of Service '1, '6~:5'O 22. REMARKS: 5~lZveo /*T Lac(jjl ).1' 1j)~((..A n<7"-.l.-J 23 Advance Costs JJ Cosls Due or Refund Check No 40 Costs Due or Refund 41. AFFIRMED and subscribed to befOJe 42 .ay 01 cb~gJ;.~b NorARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRESAUG,12. 2009 << Stgnature f Dep, Sheri 46, Signature of York Coun~ Sheld' \JILLr:At1 H ,OSE, oS 48 _ Signature of Foreign County Sheriff 'Z(L.( COUNTY OF YORK OFFICE OF THE SHERIFF 3~~ SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK. PA 17401 Gary Salisbury, 3 DEFENDANT/51 Tri-Boro et. a1. INSTRUCTIONS PLEASE TY,pr; OM.Y UEl nIRU 12 , I)OftOlJ; OETACHANY copas 2 C.oy'RT NUMBER Lo05-3885 Civil .. TYPE OF V\lRIT OR COMPLAINT SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTlFF/S! Rental, Storage & Leasing Writ of Summor]~ 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED. ATTACHED, OR SOLD Glen c. npxrnth inn /I., t/rl/h/~ Tri Borg Concf.e!bll 6 ADDRESS (STREET OR RFO W,TH BOX NUMBER: APt NO. CITY, BORD. TlAtP, STATE AND IP C E) 155 North Walnut St, Dallastown, PA 17111 7 INDICATE SERVICE 0 PERSONAL lJ PERSON IN CHARGE U DEPUTIZE 't~b~~"!.:l nit 1ST CLASS MAil U POSTED '..J OTHER R /1 ? ,2CU5- I, SHERIFF OF~ CO~TY. ,do hereby de ul e Ihe 5heriff of Ynrk COUNTY 10 exec~' reI of'according 10 law. This depulizalion being made althe request and risk of the plaintiff, J ~ , SHERIFF YORK COUNTY SERVE .. AT { NOW 8_ SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT \t\!lll ASSIST IN EXPEDITING SERVICE out of county CutmERLAND l\uV!\NCE FEE PD BY A1'1'Y NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. wrthOutliabllity on the part of such deputy or the sheriff to any plaintrff herein for any toss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED MARCUS MCKNIGHT III 249-2353 8-2-05 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (thIS area must be completed rf notice is to be mailed) CDt1flERLAND CO SmmIFF SPActEIELOW FOR USE OF nrH,UiS..oJ fo - 00 NOt WRITE ElELOW 1lISLIIE 13. I acknowledge receipt of the wril 1.. DATE RECEIVED ",c:ompla..'asondocaledabove ~,. AHRENS 8-16-05 15 EXpiration/Hearing Date 9-1-05 16 HOW SERVED PERSONAL 94-- RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW 17 a I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18 NAME A F INOIVIO LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 22. REMARKS: 5'E/l-UED I}J Y3S ~<'<.J rr .fT. - D4'-t.-'4STOW"J 23. Advance Costs 33 Costs Due Of Refund Check No 40, Costs Due or Refund 41. AFFIRMED and subscribed to before me IS '2,dayO'~b NOTARIAL SEAL LISA L, BOWMAN. NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRESAUG,12. 2009 SHl:::RIFF 9/2/05 48 SIgnature of Fexeign County Sheriff 49 DATE COUNlY OF YORK ~%~ SERVICE CALL (7]7) 771-9601 OFFICE OF THE SHERIFF 45 N. GEORGE ST.. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN IN$1'RUCTIONS PLEASE. TYPEONl. Y LINE 1 THRU 12 DOMlT ~ACH ANY COPES 1 PLAINTIFF/Sf GurV Salisburv, eLa 1. 3 DEFENDANT/Sf 2 COURT NUMBER ~\tOr-38S5 ~ivil <4. TYP 0 WRIT OR CO PLAINT Tri-Boro *E { AT Ren tal. Storage & Leas in".. eL a 1. Wri t of Summons 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD l.inda A. Rexroth, indo & t/d/b/n Tri-Boro Concrete 6 ADDRESS (STREET OR RFO IfoJITH BOX NUMBER. APT NO., CITY, BORD, l'NP , STATE AND ZIP CODE) 1~~ North Walnut St, Dallastown, FA 17313 7 INDICATE SERVICE' D PERSONAL 0 PERSON IN CHARGE U DEPUTIZE G!.J CE.IH MAIL ...:I 1..l1ST CLASS MAll ~UmflQ_an", R 11 ? , 2~,I, SHERIFF OF )f\>)R!i: CO~~" do her~bY ~ Ihe sheriff of V0rk COUNlYloexec~.w~el lCcording 10 law, This depulization being made at Ihe request and risk of Ihe plaintiff -r" ..-.... . SHERIFF OF ORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT VV1LL ASSIST IN EXPEDITING SERVICE U POSTED '.J OTHER NOW OUT OF COUNTY CmmEItLAtlD !\DVANCE FEE PD BY !\TTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon Of attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. WIthout liability on the part of such deputy or the sheriff to any plaintiff herein for any toss, destruction, or removal of any property before Sheriffs sale thereof g. 'TYPE NAME and ADDRESS of ATTORNEY I ORlGINATOR and SIGNATURE M^RCUS MCKNIGHT III 10. TELEPHONE NUMBER 249-2353 '1, DATE FILED 8-2-05 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (ThIs area must be completed if notice IS to be maIled) CUMGElALND CO SHERIFF SPACE "'Ow FOR USE OF T":: SHERFF - DO NOT WHIlE BELOW TIIS LI'E 13. I acknOWledge receipt of the wrd R. lJ-IH-ENS 1.. DATE RECEIVED 15 Expiration/Heanng Date or complaint as indicated above [3 - 1 G - 05 9 - 1- 05 16 HOW SERVED PERSONAL ( RESIDENCE { } POSTED ( ) POE~ SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW 5'<Cl2-tkD 47 ~3$ LoCUYT 5'7, D.4L(J15rcJ'-<.J N 23. Advance Costs JJ Costs Due or Refund Check No 40, Costs Due or Refund 41. AFFIRMED and subscribed to before 42 day of Sf:P'j' ,20Q543 COMMON\IIIV>L TH 0 NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK YORK COUNTY 9 ' SAUG,12,200 SO, I o 44. Signatu 01 Dep.She 46. Signature 01 Y County Sherin iJILLIA11 11 HOSE, 48 Signature of Foreign County Shenff N SIGNA lURE SHERIFfA4-L 49 DATE 51 DATE RECEIVED ,. WiITE .Issumg AuthOlity 2. PINK - AttOfney 3 CANARY. Sheriffs Office 4. BLUE. Sheoffs Office JOhnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0, No, 43812 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw,com Attorneys for Defendants GARY SALISBURY and SHARON K, SALISBURY. His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW TRI-BORO RENTAL. STORAGE & LEASING. TRI-BORO CONSTRUCTION SUPPLIES. INC" TRI-BORO CONSTRUCTION SUPPLIES, : NO, 2005-3885 CIVIL TERM GLENN C, REXROTH, LINDA A. REXROTH, Adult Individuals tld/b/a TRI-BORO CONCRETE, LAMCORP. INC., JAY C. SKOWRONEK, an Adult Individual and : JURY TRIAL DEMANDED CHRISTOPHER A. KLEIN. an Adult Individual. Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Rule upon the Plaintiffs, Gary Salisbury and Sharon K, Salisbury. His Wife. to file a Complaint within 20 days or suffer a judgment non pros seq. reg. By: John A, S sq ire Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: IO/lo/a r '260550 RULE TO PLAINTIFFS GARY SALISBURY and SHARON K. SALISBURY, His Wife,: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros seq, reg. will be entered against you, DATE: /~ oe1"l>.5 PRe~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the / O/)l.day of () C lo ~ 2005, addressed to the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: \ John er, Es uire Attorney 1.0. No. 12 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants \? .....' -:~ c> ,J' CJ C-,',> (") '(1 --, :':c ,:Y'\ -', N - (,,:; (.)'1 - Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TRi-BORO RENTAL, STORAGE & LEASING, TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, : NO. 2005-3885 CIVIL TERM GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE, LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and : JURY TRIAL DEMANDED CHRISTOPHER A. KLEIN, an Adult Individual, Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on October 12, 2005 and served on the date reflected in the attached Certificate of Service. DATE 10 /1g--14 J :260552 ::H~~ART & WEIDNER John A. Statle , Ire Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TRI-BORO RENTAL, STORAGE & LEASING, TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, : NO. 2005-3885 CIVIL TERM GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE, LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and : JURY TRIAL DEMANDED CHRISTOPHER A. KLEIN, an Adult Individual, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on October 12, 2005, upon counsel for Plaintiffs, by depositing same in the United States Mail at Lenoyne Pennsylvania, with first-class postage prepaid on the I 8' '!v1 day of () C' ~ ~, 2005, addressed to the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 NSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, uire Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: I 0 / IS) 0 r CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the I "2? ~y of (JC,ft; ~ 2005, addressed to the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER \ By: John A. Stat er, 5 . Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants i.' -:.-'(\ ,--0 :;<) C~) c:-' /-------- Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esq. 1.0. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TRI-BORO RENTAL, STORAGE & LEASING, TRI-BORO CONSTRUCTION SUPPLIES, INC, TRI-BORO CONSTRUCTION SUPPLIES, : NO. 2005-31385 CIVIL TERM GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE, LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and : JURY TRIAL DEMANDED CHRISTOPHER A. KLEIN, an Adult Individual, Defendants STIPULATION AND NOW, this 6th day of January, 2006, the parties to the above-referenced matter stipulate and agrees as follows: 1. The Plaintiffs, Gary Salisbury and Sharon K. Salisbury, husband and wife, agree to dismiss with prejudice from the above-captioned matter the following Defendants: a. Tri-Boro Rental, Storage & Leasing; b. Tri-Boro Construction Supplies; c. Tri-Boro Concrete; d. Jay C. Skowronek; e. LAM CORP, Inc.; and f. Glenn C. Rexroth and Linda A. Rexroth . , 2. The new caption for the matter docketed at 2005-3885 shall appear as follows: GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs v. CHRISTOPHER A. KLEIN and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants :261286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005-3885 JURY TRIAL DEMANDED Respectfully submiU,ed, By: J By: John A. S s . Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Stipulation upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the _ (, "/1^day of .J PII141 "''1 ' 2006, addressed to the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER .....,:) ~"-':;) o -'q :::1 <-:,_... '- _.J _--. i-Il~.J I ~D -.'-1 :~,.' .;".") -~l t,) C) C::.' .. Johnson, Duffie, Stewart & Weidner By: By: John A Statler, Esq. 1.0. No. 43812 301 Market Street P.O Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, husband and wife, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., CIVIL ACTION -. LAW JURY TRIAL DEMANDED Defendants AND PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 2005-3880 CIVIL TERM v. CIVIL ACTION - LAW CHRISTOPHER A. KLEINE, and TRI-BORO CONSTRUCTION SUPPLIES, INC., JURY TRIAL DEMANDED Defendants STlPULA TION AND NOW, this 10th day of January, 2006, the parties to the above-captioned rnatters stipuiate and agree as follows: 1. Both captioned actions arise out of the same motor vehicle accident that occurred on August 7, 2003, on Rittner Highway, Carlisle, Cumberland County, Pennsylvania, and that the actions involve the same set of facts and involve overlapping issues of law. . '. 2. Consolidation of the two actions will execute a proper exercise of discretion pursuant to Pa.R.C.P. 213 in light of the common questions of law and fact arising from the same transaction or occurrence. 3. Consolidation will constitute a proper exercise of discretion in the interest of judicial economy and will alleviate the burden and expense to all parties involved. 4. The actions should be consolidated for all purposes and subsequent filings shall be docketed to the Docket No. 2005-3885. Respectfully submitted, IRWIN & McKNIGHT By: JOHNSON, DUFFIE, STEWART & WEIDNER y~ John A. Sta . ~ss . Attorneys for Defendants By: WELTMAN, WEINBERG & REIS CO., L.PA By: Michaei J. Dougherty, Esq. Attorneys for Plaintiff, Progressive Northern Insurance Company :261297 . 2. Consolidation of the two actions will execute a proper exercise of discretion pursuant to Pa.R.C.P. 213 in light of the common questions of law and fact arising from the same transaction or occurrence. 3. Consolidation will constitute a proper exercise of discretion in the interest of judicial economy and will alleviate the burden and expense to all parties involved. 4. The actions should be consolidated for all purposes and subsequent filings shall be docketed to the Docket No. 2005-3885. Respectfully submitted, IRWIN & McKNIGHT By: Marcus A. McKnight, III, Esq. Attorneys for l"laintiffs, Gary Salisbury and Sharon K. Salisbury JOHNSON, DUFFIE, STEWART & WEIDNER BY.~ John A. Staller, Es . Attorneys for Defendants WELTMAN, WEINBERG {l< REIS CO., L.P.A. I . By: (. Michael J. Dougherty, Esq. Attorneys for Plaintiff, Progressive Northern Insurance Company :261297 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Stipulation upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the / tJ ~ay of J ""0;..- l' 2006, addressed to the following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co., L.PA 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 Marcus A. McKnight, IIi, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER ~/\ By \ 9 \ John ~~qUire Attorney 1.0.1\10.43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants (_) r".} Cl -"11 :'~.1 (oj L.~ (".::". ~) ": ~ ( \/ JAN ] 0 2006 ,y~ Johnson, Duffie, Stewart & Weidner By: By: John A. Statler, Esq. 1.0. No. 43812 301 Market Street POBox 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW TRI-BORO RENTAL, STORAGE & LEASING, TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, . NO. 2005-3885 CIVIL TERM GLENN C REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE, LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individuai and . JURY TRIAL DEMANDED CHRISTOPHER A KLEIN, an Adult Individual, Defendants ORDER fA -< AND NOW, this ').0 day of .) 0.01'-,\1<\.<''1 ' 2006, upon consideration of the foregoing Stipulation, the Stipulation is approved. The matter shall be captioned as follows: GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CHRISTOPHER A. KLEIN and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants . NO. 2005-3885 : JURY TRIAL DEMANDED , It is further ORDERED that the action is discontinued and dismissed with prejudice against the parties named in the Stipulation. The action shall continue against the Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., only. J. 1-' , L'I .'~\ I,:;! t,G ;:.:<C ,j :J' \1 c / \'/ JAN 1 2 2006f Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esq. 1.0. No. 43812 301 Market Street POBox 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION ~ LAW NO. 2005-3885 CIVIL TERM /' CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants JURY TRIAL DEMANDED AND PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. CHRISTOPHER A. KLEINE, and TRI-BORO CONSTRUCTION SUPPLIES, INC., NO. 2005-3880 CIVIL TERM JURY TRIAL DEMANDED Defendants ORDER AND NOW, this 'l.~<cl, day of -S ..."'1 o.t 'I ,2006, the Court, upon consideration of the foregoing Stipulation, order and decree that the Stipulation is approved, and that the two above- captioned actions shall be consolidated for all purposes and all subsequent filings shall be to the action docketed to No. 2005-3885 and captioned as follows: GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs v. CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants \0 ,D i"J \,ir o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2005-3885 CIVIL TERM JURY TRIAL DEMANDED --l J, (',\i k~\: ,-,J ,,'7 ""f t,'" (,." ~', ,-., ,.;\!"P. .' ." v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 3Y0' 2005-m-CIVIL TERM GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES,INC., Defendants CIVIL ACTION - LAW 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, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs v. 2005-779 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this 9th day of February 2006 comes the Plaintiff, GARY SALISBURY, by his attorneys, Irwin & McKnight, and makes the following Complaint against the defendants, CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC.: 1. The Plaintiffs are Gary Salisbury and Sharon K. Salisbury, his wife, of 433 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Christopher A. Kleine, is an adult individual residing at 23 South High Street, Rear, Newville, Cumberland County, Pennsylvania 17241 3. The Defendant, Tri-Boro Construction Supplies, Inc., is a Pennsylvania Corporation with its address being 1490 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 3 4. On Thursday, August 8, 2003, at approximately 2:30 p.m., the Plaintiff, Gary Salisbury, operating his 2002 Harley Davidson Motorcycle, had left his place of employment at Carlisle Tire and Wheel and was travelling north on the Ritner Highway, Carlisle, Pennsylvania. 5. A tractor trailer driven by Defendant, Christopher A. Kleine, was traveling south on the Ritner Highway (SROOll) hauling a flatbed trailer loaded with items that he was delivering to Defendant, Tri-Boro Construction Supplies, Inc., located at 1490 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 6. The accident occurred as the Defendant suddenly turned in front of the Plaintiff from the Ritner Highway into the place of business of the Defendant, Tri-Boro Construction, lnc, 7. The Defendant, Christopher A. Kleine, began making a left hand turn into 1490 Ritner Highway turning in front of the Plaintiff who was traveling north. The Defendant, Christopher A. Kleine, stated that he believed that the Plaintiff could travel under his flat bed trailer. 8. The Plaintiff was unable to avoid colliding with the Defendant's trailer causing him to strike the right rear tire and fender of the Defendant's trailer. 4 9. The accident and injuries sustained by the Plaintiff were caused by the negligent, careless and reckless actions of the Defendant, Christopher A. Kleine. 10. The accident occurred without warning due to the inattention and poor judgment of the Defendant, Christopher A. Kleine. II. The Defendant, Christopher A. Kleine, was negligent and careless as follows: a. He failed to maintain his vehicle under proper control; b. He was not paying attention to the highway; c. He failed to safely execute a left hand turn across both lanes of travel; d. He failed to see Plaintiff's motorcycle; and e. He failed to provide the Plaintiff any warning of the pending collision. 12. The Defendant, Christopher A. Kleine, was acting in the course of his employment as an agent of Defendant, Tri-Boro Construction Supplies, Inc, 13. The negligent actions of the Defendant, Christopher A. Kleine, were the proximate cause of the injuries to the Plaintiff, Gary Salisbury. 5 14. The actions of the Defendant showed reckless indifference to the welfare of the Plaintiff by turning across a lane of traffic with his tractor and trailer on a heavily traveled roadway without adequate time to do so in a safe manner. 15. The Plaintiff suffered multiple injuries including a severe break to his right leg, shattered right wrist and arm, front of his pelvis, broken right hip, injuries to his right eye and a closed head injury. 16. The Plaintiff was transported by helicopter to Penn State Hershey Medical Center and treated for multiple injuries as set forth above as a result of the accident. 17. The Plaintiff seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures and permanent injuries sustained in the accident as well as compensation for future losses he will incur in these areas from the Defendant, Christopher A. Kleine. 18. The Plaintiff seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries and any lost income from his work which occurred or will occur as a result of the injuries he sustained in the accident. 19. The Plaintiff also seeks compensation for the serious and permanent injuries which he has sustained which has caused extensive pain and suffering. 6 " , .. 20. The Defendant, Christopher A. Kleine, was the agent of the Defendant, Tri-Boro Construction Supplies, Inc. and said Tri-Boro Construction Supplies, Inc. is liable for the negligent and reckless actions of its agent. The Defendants are liable for punitive damages to the Plaintiffs. 21. The Plaintiff, Sharon K. Salisbury, has suffered and will continue to suffer the loss of society of her husband, Gary Salisbury, and seeks compensation for her loss. 22. The Plaintiff, Gary Salisbury, seeks punitive damages from the Defendants. WHEREFORE, the Plaintiff, Gary Salisbury and Sharon K. Salisbury, requests compensatory and punitive damages from the Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., in the amount in excess of Thirty-Five Thousand and no/IOO ($35,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, arcus . cKnight, III, Esquire o West mfret Street . e, Pennsylvania 17013 (717) 249-2353 Supreme Court LD. No. 25476 Attorney for plaintiff Date: February 9,2006 7 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities, ,)-/~xfJ~/" GARY LISBURY Date: February 9, 2006 '. ,.. GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2005-779 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John A. Statler, Esq. Johnson Duffie 30 I Market Street P. O. Box 109 Lemoyne, P A 17043-0109 By: 0.25476 Date: February 10, 2006 0'-> Ji" C) C) 'n -Cl rn c~j o r'.;, Johnson. Duffie, Stewart & Weidner By: By: John A. Statler, Esq. I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNA. : CIVIL ACTION - LAW Plaintiffs v. : NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., : JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: GARY SALISBURY and SHARON K. SALISBURY, Plaintiffs c/o MARCUS A. McKNIGHT, III, ESQUIRE Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 YOU ARE REQUIRED to plead to the within Preliminary Objections within 20 days of service hereof or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ 11, ~ John A. Statle E~~u e Attorney I.D. No. 4~81 Wade D. Manley \ Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: ~fv7(Ob Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esq. I.D. No. 43812 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW Plaintiffs v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., JURY TRIAL DEMANDED Defendants PRELIMINARY OBJECTIONS OF THE DEFENDANTS, CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC.. TO PLAINTIFFS' COMPLAINT AND NOW, come the Defendants, Tri-Boro Construction Supplies, Inc. and Christopher Kleine (the "Defendants"), by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and file the following Preliminary Objections, and in support thereof aver as follows: 1. The Plaintiffs commenced this action by filing a Writ of Summons. Thereafter, on February 10, 2006, they filed a Complaint alleging that the Plaintiff sustained bodily injuries after the Defendants' automobile struck the Plaintiff as he was riding his motorcycle. 2. The Complaint is grounded solely upon a theory of negligence. 3. The Plaintiffs allege that they are entitled to punitive damages in addition to compensatory damages. 4. Pennsylvania Rule of Civil Procedure 1028(b) requires that all Preliminary Objections to a pleading be raised at one time. 5. Pennsylvania Rule of Civil Procedure 1028(a)(4) states: "Preliminary Objections may be filed by any party to any pleading and are limited to the following grounds: legal insufficiency of a pleading (demurrer)." Pa.R.C.P. 1028(a)(4). PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT FAILING TO SUFFICIENTLY ALLEGE ELEMENTS TO SUPPORT A CLAIM FOR PUNITIVE DAMAGES 6. Paragraphs 1-5 of the Defendants' Preliminary Objections are incorporated herein as though fully set forth at length. 7. Punitive damages can not be awarded where a defendant's alleged conduct merely constitutes ordinary or even gross negligence. Houston v. Texaco, Inc., 371 Pa.Super. 399, 538 A.2d (1988). Therefore, a Plaintiff is required to plead that a defendant's conduct was malicious, willful, wanton, reckless or oppressive. Id. 8. Even though punitive damages are not a separate cause of action, the Plaintiffs are still required to plead the facts they claim support their claim for punitive damages. Schock v. T.J. Care, Inc., 65 Pa. D. & C. 4th 517, 2004 WL 1570109 (Fay. Cty. C.P. 2004). 9. It is essential for the Plaintiffs to allege each and every element that constitutes the nature of their claim, including their claim of punitive damages. Nido v. Chambers, 70 Pa.D.& C. 2d 129, 1975 WL 16621 (Law. Cty. C.P. 1975). 10. Plaintiffs' Complaint fails to allege the required elements to support a claim for punitive damages, requiring the Plaintiffs' demand for punitive damages to be stricken. 11. The only facts alleged by the Plaintiffs are: a. that Christopher Kleine made a left hand turn on Ritner Highway in Carlisle in front of the Plaintiff's vehicle that was traveling in the opposite direction; and b. that the accident was caused by Christopher Kleine's inattention and poor judgment. 12. Clearly, these averments fail to support a claim of malicious, willful, wanton, reckless or oppressive behavior. 13. The Plaintiffs have failed to allege a single fact that the Defendant possessed the knowledge required to elevate the Defendant's actions to being malicious, willful, wanton, reckless or oppressive. 14. The Plaintiffs merely describe Christopher Kleine's actions as "reckless" without averring specific factual allegations supporting that description. 15. In determining whether punitive damages are appropriate, the court must determine the nature of the tortfeasor's act, together with his motive, the relationship between the parties, and other attendant circumstances. Martin v. Johns-Manville Corp., 508 Pa. 154,494 A.2d 1088 (1985). 16. Punitive damages are awarded to punish a Defendant and are only appropriate when the conduct is especially grievous and must not be allowed when mere negligence in the form of inadvertence, mistake or errors in judgment is alleged. jQ. 17. Plaintiffs' Complaint alleges nothing more than the Plaintiffs' belief that the Defendants were negligent. The Plaintiffs set forth no facts regarding the maliciousness, willfulness, wantonness or oppressive nature of the Defendants' conduct. WHEREFORE, the Defendants respectfully request that this Honorable Court strike the Plaintiffs' demand for punitive damages, with prejudice. Respectfully submitted, Johnson, Duffie, Stewart & Weidner By: ffi rJ.J. 'l). DATE: -v(-z,7{Oh :269084 13631-19 John A. Statler, I. D. No. 43812 Wade D. Manley 1.0. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 1-~ day of Yrh(~ rt 1 ' 2006, addressed to the following: Marcus A. McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Michael J. Dougherty, Esquire Weltman, Weinberg & Reis, Co., L.P. A. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 JOHNSON, DUFFIE, STEWART & WEIDNER By: VvtJA 1). John A. Statler Es I. D. No. 43812 Wade D. Manley J.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for Defendants ,--.) ) c:' .' --------------- .- Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire 10. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW Plaintiffs v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., : JURY TRIAL DEMANDED MOT/ON OF DEFENDANTS, CHRISTOPHER KLEINE AND TRI-BORO CONSTRUCT/ON SUPPLIES, INC., TO COMPEL ANSWERS TO INTERROGA TORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON PLAINTIFFS, GARY SALISBURY AND SHARON SALISBURY AND NOW, this ~f"~ day of March, 2006, come the Defendants, Christopher Kleine and Tri-Boro Construction Supplies, Inc., by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and move for an Order cornpeiling Plaintiffs to comply with the requirements of outstanding discovery as foliows: 1. The Defendants, Christopher Kleine and Tri-Boro Construction Supplies, Inc., the moving parties herein, are represented in this matter by John A. Statler and Wade D. Manley of '. , Johnson, Duffie, Stewart & Weidner, P,C., 301 Market Street, Lemoyne, Pennsylvania, 17043; telephone number (717) 761-4540, and facsimile number (717) 761-3015. 2. The Plaintiffs, the responding parties herein are Gary and Sharon Salisbury, husband and wife, who are represented in this matter by Marcus A. McKnight III, Esquire, Irwin & McKnight, 60 West Pomfret Street, Carlisle, PA 17013; teiephone number (717) 243-2353. 3. This case involves a claim for personal injuries to the Plaintiffs resulting from a motor vehicle accident which occurred on or about August 7, 2003. 4. On January 25, 2006, the Moving Defendants served the Plaintiffs with the following discovery: a. Interrogatories to the Plaintiffs, a copy of which is attached hereto as "Exhibit A;" b. Requests for Production of Documents to the Plaintiffs, a copy of which is attached hereto as "Exhibit B." 5. On March 3, 2006, the counsel for the Moving Defendants sent to counsei for the Plaintiffs' a letter requesting his clients to conform with the requirements of outstanding discovery within ten (10) days or the instant motion would be presented A copy of the March 3, 2006 correspondence is attached as "Exhibit C." 6. As of the date of the filing of this Motion, no answers or objections have been received from Plaintiffs' counsel to the above-enumerated discovery items. '. " 7. By reason of the foregoing, the Plaintiffs have failed to timely respond to the Moving Defendants' discovery, which is the sUbject of this Motion. 8. The Moving Defendants require the Plaintiffs' compliance with discovery to evaluate the Plaintiffs' claims involved in this matter and to defend against the Plaintiffs' action. WHEREFORE, the Moving Defendants respectfully requests that an Order be entered compelling the Plaintiffs to answer and respond to the discovery propounded by the Moving Defendants which is the subject of this Motion. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: fNMJ. 1). John A. Statler Attorney I. D. No. 43 Wade D. Manley Attorney 1.0. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DATE: '$/~/"h :271204 13631-19 / . t A J:-f ~) \p \ . .. , Johnson, Duffie, Stewart & Weidner By: By: John A. Statler, Esq. 10. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., JURY TRIAL DEMANDED Defendants INTERROGATORIES OF DEFENDANTS FOR ANSWER BY PLAINTIFF GARY SALISBURY TO: GARY SALISBURY, Plaintiff cia MARCUS A. McKNIGHT, III, ESQUIRE Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et seq., to serve upon the undersigned, within 30 days after service of this Notice, your Answers in writing under oath to the following Interrogatories. OATEfd.5/p{(J JOHNSON, DUFFIE, STEWART & WEIDNER ~~ John A Statler, Esquire Attorney 1.0. No. 4:::812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants By: '. . DEFINITIONS AND INSTRUCTIONS (1) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (2) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (a) The nature of the document (e.g. letter, memorandum, computer print- out, minutes, resolution, tape recording, etc.); (b) Its date (or if it bears no date, the date when it was prepared); (c) The name, address, employer and positior.J of the signer or signers (or if there is no signer, of the person who prepared it); (d) The name, address, employer and position of the person, if any, to whom the document was sent; (e) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (f) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (g) A brief statement of the subject matter of such document. (3) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: " . (a) The means of communication (e.g., telephone, personal conversation, etc.); (b) Where it took place; (c) Its date; (d) The names, addresses, empioyers and positions (1) of all persons who participated in the communication; and (2) of all other persons who were present during or who overheard that communication; (e) The substance of who said what to whom and the order in which it was said; and (f) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (4) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state e~ch ground on which you claim that such document or oral communication is privileged. (5) Whenever you are asked to "identify" a person, the following information should be given: (a) The name, present address and present employer and position of the person; and (b) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or ~ otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (6) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (7) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a suppiemental answer under oath containing the same. :266280 " . Personal Identification: 1. State: a. Your full name and each other name which you have used or by which you have been known; your date of birth; your present residence address and each other address and period of residence which you have had during the past five (5) years: b. Your Social Security number; and c. Name of ail spouses and the inclusive dates of your marriage relationship as to each spouse named. ANSWER: , Education: 2. State the name and address of each school, college or other educational facility which you have attended, listing the dates of attendance and courses of study, including all professional, trade, on-the-job, or any other specialized training which you have received. ANSWER: , Support: 3. State the names, addresses, relationships and ages of all persons dependent upon you for support or maintenance, or to whom you contributed support or maintenance, at the time of the incident referred to in your Complaint, listing for each person the nature and amount of such support or maintenance paid or contributed in the year preceding the incident referred to in your Complaint. ANSWER: '\, . Trial Expert Witnesses: 4. State the names, business and residence addresses, and employers of each person whom you will call as an expert witness at the triai of this matter, including medical witnesses identified with regard to the issues of liability (L) and damages (D), and with regard to each expert state: a. The subject matter on which the expert is expected to testify; b. The substance of the facts and opinions to which the expert is expected to testify; c. A summary of the grounds for each opinion; and d. Whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum, or other document, and, if so, identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached in lieu of answering Interrogatory 4.) ANSWER: \ . Non-Expert Witnesses: 5, State the names, residence and business addresses, and employers of each person whom you will call to testify on your behalf at the trial of this matter, and briefly state the subject matter of their proposed testimony, ANSWER: \ Exhibits 6. Identify by date of preparation, description, and name of person preparing, all documents or other objects which you will introduce as exhibits at the trial of this matter, identified with regard to the issues of liability (L) and damages (D). ANSWER: \ Accident: 7. Describe in detail how the incident in question occurred, including exact location and time of same, and the events immediately before, at the time of, and immediately following same. ANSWER: '. Witnesses and Those With Knowledqe of the Incident: 8. Identify each person (by stating the name, last known home and business address) who: a. Actually saw the incident; b. Was present at or near the scene at the time of the incident and witnessed it through sight or hearing: and c. Has any knowledge or information as to any facts pertaining to the circumstances and manner of the happening of the incident, the physical conditions existing at the time of the incident or the nature or extent of the injuries or damages sustained. Answer: \ . Statements: 9. Do you or anyone acting on your behalf know or believe that any written statement (as defined by the Rules of Civil Procedure) or any oral statement concerning this action or its subject matter has been given Qy or obtained from any person? If so, identify (by stating the name, last known home and business address): a. Each person who gave an oral statement and when, where, and to whom it was made; and the substance of each such statement; and b. Any person who has custody of any written statements or those reduced to a writing or otherwise recorded. ANSWER: \ Investiqations: 10. Do you or anyone acting on your behalf know or bel'leve that any investigations were conducted of the incident which is the subject matter of this action? If so, identify (by stating the name, last known home and business addresses): a. Each person and employer of each person who so conducted investigations; and b. If different from the person identified in subpart "a" above, the person who has custody of or possession of any written notes, reports or other documents prepared during or as a result of the investigation. ANSWER: '. Iniuries and Treatment: 11. State in detail the nature of all injuries you claim you suffered as a result of the incident referred to in your Complaint and state the extent and nature of any disability arising therefrom. ANSWER: ~ 12. Describe in detail the nature and location of any pain suffered on account of injuries you sustained as a result of the incident and the duration and intensity of such pain. ANSWER: 13. Identify all hospitals, clinics, nursing homes or other institutions in which you have been confined or received out-patient treatment because of the injuries suffered and include the name and address of the institution, the dates of confinement and out-patient treatment, the treatment and services rendered and the cost of each. ANSWER: , 14. State the name and address of each doctor, medical practitioner or health care provider of any type whatsoever who has examined, evaluated or treated you or from whom you sought treatment or diagnosis of any injury resulting from the incident for treatment or diagnosis of any injury allegedly resulting from the incident, specifying the date of consultation, the injury for which you consulted, the treatment rendered and the cost of such examination or treatment. Specify those physicians from whom you are presently receiving treatment. ANSWER: 15. When, where and by whorn were you last examined or Sliven medical attention concerning the injuries received in this incident? ANSWER: , 16. State how each injury you sustained affected your normal activities, describe in detail the nature of such restraint and indicate any present disability and the percentage, if permanent. ANSWER: 17. State the nature and estimated costs of all future medical attention, evaluation and treatment which you have been advised you will require as a result of injuries allegedly sustained in the incident and state the name and address of the individual furnishing such opinion and estimate of costs. ANSWER: 18. State whether or not you sustained any injuries or had any diseases, deformity or impairment before or after the date of the incident which in any way affected those parts of your body which you injured as a result of the incident. If so, state the date of the onset of the disease or occurrence of the injury, the nature, duration and extent of the condition, and any health care provider involved in the treatment of the condition. ANSWER: . 19. If you were employed on the date of the incident and make a claim for lost wages or loss earning capacity, state the basis upon which you intend to compute your lost earnings or lost earning capacity including dates missed from work, rates of compensation and jobs you contend you could have performed. ANSWER: 20. As to each of your alleged damages, including medical expenses, state whether the expenses incurred have been paid and, if so, the source of payment. (Include duplicate payments). ANSWER: 21. Have you been employed since the time of the incident referred to in the Complaint? If so, state: a. The name and address of your employer; b. The position held and the nature of work being pe~ormed, c. Hours worked per week; d. Present weekly wages, earnings, income or profit; e. Name of your immediate boss, foreman or other superior to whom you are responsible; f. Whether a physical examination was required, and if so, state the date, place and person giving the examination; g. For each employee, whether you made any representations in writing or answer in writing any questions concerning your physical examination. ANSWER: 22. Were you employed during the five year period prior to the incident referred to in the Complaint? If so, state for each employment: a. The name and address of your employer; b. The position held and the nature of work being performed; c. Hours worked per week; d. Your yearly gross and net income; e. The name and address of the person, firm or corporation having custody of any papers pertaining to your income. ANSWER: 23. Did you file income tax returns with the Director of Internal Revenue for any of the past five years, or with any state, municipality or other governmental tax authority or department? If so, state: a. The office of the Director of Internal Revenue with which each return was filed; b. The amount reported in each return as earned income; c. The years for which filed with the Director of Internal Revenue; d. The state, municipal or other tax authority to whom such returns were filed; e. The years for which filed with such state or other municipality tax authority, or authorities; and f. Attach copies of income tax returns filed with the Internal Revenue Service for the past five (5) years. ANSWER: 24. Have you ever drawn Social Security benefits for disability? If so, state: a. b. c. d. ANSWER: Your residence at the time; The Social Security Office at which you filed your claim; The nature, extent and reason for the disability; and The length of time of such disability and the beginning date. 25. Are you now receiving, or have you ever received, any disability pension, income or insurance or Workmen's Compensation from any agency, company, person, corporation, state or government? If so, state: a. The nature of any such payment; b. The date you received such income; c. For what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; f. If so, the nature and extent of such disability; g. Whether you had any disability at the time of the incident referred to in the Complaint; and h. If so, the nature and extent of such disability. ANSWER: 26. Have you made a claim for lost wages or income as a result of the incident referred to in the Complaint? If so, state: a. Did you continue to receive any wages, or profits from your employer or business during the time you contend that you were disabled; b. The nature and amount of wages or income you received during the time you contend that you were disabled; and c. The name and address of the agency, company, person, corporation, state or government who made such payments to you. ANSWER: 27. Have you made a claim for benefits under any medical pay coverage or policy of insurance relating to Injuries arising out of the incident alleged in the Complaint? If so, state: a. The name of the insurance company or organization to whom said claims were made; b. The date of the claim or application; c. The claim number and policy number; d. Whether such claim was paid, and if so, the nature, amount and period of time received: and e. Whether the company required you to assign to it any rights of recovery you may have against others. ANSWER: 28. Have you ever made any claim for any benefits under any insurance policy or against any person, firm or corporation for personal injuries or physical or mental conditions which you have not heretofore listed in your answers to these Interrogatories? If so, state: a. The injury or condition for which such claim was made; b. The name and address of the person, firm or corporation to whom or against whom it was made; c. The date it was made; and d. The nature and amount of any payment received therefor. ANSWER: 29. Have you ever served in the armed forces, or performed services for any branch of any governmental agency? If so, state: a. The name of each such organization and the particular branch for whom you performed services; b. The dates and places of such services; c. Your serial number or identification number; d. A detailed description of the services performed; e. Whether a physical examination was required, and if so, the dates and places of such examination; f. The date of termination of such services; and g. A detailed description of the reason why the services were discontinued. ANSWER: 30. Have you ever suffered any injuries in any accident, either before or after the incident referred to in the Complaint? If so, state: a. Date and place of such injury; b. A detailed description of all the injuries you received; c. The name and address of any hospitals rendering treatment; d. The names and addresses of all physicians, surgeons, osteopaths, chiropractors or other medical practitioners rendering treatment; e. The nature and extent of recovery, and, if any permanent disability was suffered, the nature and extent of the permanent disability; and f. If you were compensated in any manner for any such injury, state the names and addresses of each and every person or organization paying such compensation and the amount thereof. ANSWER: 31. Have you ever had any serious illness, sickness, disease or surgical operations, either before or after the incident referred to in the Complaint? If so, state: a. The date and place; b. A detailed description of your symptoms; c. The names and addresses of any hospitals rendering treatment; d. The names and aadresses of all physicians, surgeons, osteopaths, chiropractors or medical practitioners rendering treatment; e. The approximate date of your recovery; and f. If you did not recover fully, the date your condition became stationary, and a description of your condition at that time ANSWER: 32. Do you have a family physician or other medical practitioner with whom you consult for a general, physical or mental complaint? If so, give his name and address and the date upon which you last consulted him or her, and the reason for such consultation. ANSWER: 33. Have you ever entered, or been comrnitted to, any institution, either public or private, for the treatment or observations of mental conditions, alcoholisrn, narcotic or drug addiction, or disorders of any kind? If so, state: a. The name and address of such institution: b. The length of your stay, and the dates thereof: c. The purpose or reason for your entry into such institution; and d. The name and address of the doctor, or doctors, who treated you for such condition. ANSWER: 34. Have you ever pleaded guilty to or been convicted of any crime in this or any other jurisdiction other than traffic violations? If so, state: a. The nature of the offense; b. The date; c. The county and state in which you were tried, or pled guilty; and d. The sentence, if any, given to you. ANSWER: , 35. Is the plaintiff, or anyone acting on plaintiff's behalf, in possession of or know of the existence of any photographs of the instrumentalities, equipment, tools, locality or any other thing or matter involved in the incident in suit? If so, state: a. The date or dates when such photographs were taken; b. The name and address of party taking them; C. Where they were taken; d. The present whereabouts of the photographs, and the names and addresses of the persons presently in posseSSion or custody thereof; e. The specified subject matter of the photographs; and f. What the photograph or photographs purport to show or illustrate or represent. ANSWER: 36. Is the plaintiff, or anyone acting on plaintiff's behalf, in 'possession of or know of the existence of any blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, toois, or any other thing or matter involved in the incident in suit? If so, state: a. The nature of the document, the name and address of the person preparing each such document, and the date of its preparation; b. The names and addresses, and the persons presently having possession or custody of each such document; c. The specific subject rnatter of the document; d. The date it was made or taken; and e. What the document purports to show, illustrate or represent. ANSWER: 37. Have you worn any type of artificial aid, prosthetic device or orthopedic appliance, and if so, state: a. The name of the doctor or doctors who fitted or prescribed said aid, device or appliance; b. Describe the aid, device or appliance, and state its costs: c. When did you start wearing said aid, device or appliance; d. When did you stop wearing said aid, device or appliance; e. Was the said aid, device or appliance worn continuously or intermittentiy during the foregoing period, and if both, state the period in which it was worn continuously. ANSWER: 38. Have you sustained any additional financial losses as a result of the incident complained of, other than those covered by the preceding Interrogatories? If so, state: a. The nature and amount of such losses; b. The date thereof; and c. The names and addresses of any persons to whom any money so claimed as additional loss was paid or incurred. ANSWER: 39. Have you ever been involved in any other legal action for personal injury or property damage, either as a defendant or a plaintiff? If so, state: a. The date and place each such action was filed, giving the name of the court, the name of the other party or parties irwolved, the number of such action and the names of the attorneys representing each party; . b. A description of the nature of each such action; and c. The result of each such action, whether there was an appeal and the result of the appeal. ANSWER: 40. Were you the owner or co-owner of any private passenger motor vehicles registered in the Commonwealth of Pennsylvania at the time of the accident referred to in the Complaint? ANSWER: 41. For each vehicle identified above, please state: a. the year, make and model of each vehicle; b. the registration of license tag number; and c. whether you were the sole owner or co-owner. ANSWER: 42. Please identify all relatives living in your household at the lime of the accident. ANSWER: 43. For those relatives identified above, please identify the following: a. All motor vehicles owned or co-owned by those relatives at the time of your accident; b. The names and addresses of the insurance companies that insured each of those motor vehicles; c. The names and addresses of the insurance agent or agency through whom such coverage was purchased; and d. Whether you were a "named insured," "insured," or "additional insured under any of the those policies. ANSWER: 44. Please identify all automobile insurance policies under which you were a "named insured" at the time of the accident referred to in the Complaint. For each policy, please identify: a. the policy number; b. the company providing coverage; c. the vehicle or vehicles insured under the policy; d. whether you had selected a "limited tort" or "full tort" option; e. the name and address of the insurance agent or agency through whom the coverage was written; f. the last renewal date of the policy; and g. the date on which you completed the waiver forms selecting "limited tort" or "full tort" coverages as outlined in the 1990 amendments to the Financial Responsibility Law. ANSWER: 45. Have you applied for first-party medical and/or wage loss benefits with any automobile insurance company as a result of this accident? If "yes," please identify: a. the name and address of the insurance company; b. the name and address of the claims representative handling your claim; c. the claim number assigned to your claim; d. the telephone number of the local claims office that is handling your claim; and e. Whether any of the bills have been rejected or denied coverage. ANSWER: 46. Do you contend that you suffered a "serous impairment of body function" as a result of the motor vehicle accident described in the Complaint? If "yes," please identify: a. all body functions that have been impaired; b. the nature of each impairment; and c. all facts that support your contention that the impairment is "serious." ANSWER 47. Do you contend that you suffered "permanent serious disfigurement" as a result of the motor vehicle accident described in the Compiaint? If "yes," please identify: a. all areas or parts of your body that have been disfigured; b. the size and characteristics of each disfiguring mark: c. all photographs taken showing the disfigurement; d. the names and addresses of all doctors who have ever evaluated the disfigurement; and e. the names and addresses of all doctors who have given the opinion that the disfigurement is "permanent." ANSWER: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Interrogatories of Defendants for Answer by Plaintiff Gary Salisbury upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ~ day of .::):;"'''1.4')--' 2006, addressed to the following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Cariisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: \?~ John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043.-0109 Telephone (717) 761..4540 Attorneys for Defendants f/.0;\O It G Johnson. Duffie, Stewart & Weidner By: By: John A. Statler, Esq. 1.0. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION ~ LAW v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., JURY TRIAL DEMANDED Defendants REQUEST FOR PRODUCTION OF DOCUMENTS TO: GARY SALISBURY, Plaintiff c/o MARCUS A. McKNIGHT, III, ESQUIRE Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Pursuant to Pa. R. C. P. No. 4009, as amended, Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., by their attorneys, Johnson, Duffie, Stewart & Weidner, requests you to produce copies of the foliowing documents at its expense, within 30 days of service of this Request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegraphs, other written communications, data processing storage units, tapes, contracts, agreements, notes, . memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody, or control. > DOCUMENTS REQUESTED 1. All statements, signed statements, transcripts or recorded statements or interviews of any person or witness relating to, referring to or descrrbing any of the events described in the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 3. All documents, correspondence or other drawings, sketches, diagrams, or writings in your custody or control or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 4. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorney(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 5. All medical bills paid or alleged to have been paid by you, which relate to the subject matter of this litigation. 6. All photographs of any item or thing involved in this litigation. 7. All statements as defined within Pa. R C. P. No. 4003.4. . 8. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 9. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation. 10. All documents which you intend to rely upon or introduce at arbitration or trial of this litigation. 11. All photographs showing any disfigurement caused by this accident. 12. A copy of the declaration sheet for each motor vehicle insurance policy under which you were a "named insured" or "insured" at the time of this accident. 13. A copy of all insurance notices received and signed by you prior to this accident in which you elected either "limited tort" or "full tort" coverages for your own private passenger motor vehicles. JOHNSON, DUFFIE; STEWART & WEIDNER By: \ ~~- John KStatler, Esquire Attorney I.D. No. 43812 301 Market Street PO. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE /';;"S/oy :266282 . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Request for Production of Documents upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on thedS-t-J. /l:" day of ~""i.Vj , 2006, addressed to the following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: \/~ John A. Statler, Esquire Attorney I.D. No. 431\12 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants ,../ rXh10J+- C . , ji:,nm It UlIFf:1F: ijl!JJ.\I\O \\'. ~';TF\\.'A!:T C Hm Vv'EIIlNEl~, 11\ L~[)~,IU~Jl) C. MYERS [:"'''11l IV DU.""E 1(J!1\..\. ST},TLEE jUTEn,C;O!\i I. S!-lJPr...'lA~' IZ!\LPH I! V/I"\lCIIT.I1\ VL\iZI( C Dl;FFlL IOIIN K N\:~(jSI\Y rVllcHAEL I. CASSID'l MELISSA PEEL GHEE\'Y nUIlF!\l M. WAU\n: \.\A!)r~ D. MANLE) EUZ/\BFTH I), SNtJ\lEI1. I.AW OFFICES JOHNSON DUFFIE OF COUNSEL HOHACE A. IOHNSON F. LEE Sf-llPf\.lAN BRUCE I Gf\OSSi\'lAN" also dumiltl'd ill NY . \VmTEr:'s EXT NI!. l:Jl E. \L\lL Jil'i,;;,jd.'1\\ .cOlll March 3, 2006 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Re: Gary Salisbury and Sharon K. Salisbury, His Wife v. Tri-Boro Rental, Storage& Leasing, et at. Cumberland County No. 2005-3885 Civil Term Dear Mike: On January 25, 2006, I sent you a set of Interrogatories and Requests for Production of Documents for answer by Gary Salisbury. To date, I have not received your client's verified Answers to those discovery requests. Please provide full and complete Answers to our Interrogatories and Responses to Requests for Production of Documents within ten (10) days of the date of this letter. If I do not receive your verified discovery responses within the next ten (10) days, I will file a Motion to Compel. Please be guided accordingly. Very truly yours, SON, DUFFIE, STEWART & WEIDNER .~ John A. Statler JAS:ead:270372 cc: Mr. Martin Essig (Claim No.: 001960-000340-AB-01; Insured: Tri-Boro Industries.; D/L: 8/07/03) Mr. Dan Smith ]111 MARKET STIIEET PO BOX lOLl LEMOYNE. PENNSYLVANIA 17043.01119 WWW.jDSIVCOM 717.70].45411 FAX 7177011I1]j MAIL@]DSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. . < . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Motion of Defendants to Compel Answers to Interrogatories and Request for Production of Documents Propounded Upon Plaintiffs, Gary Salisbury and Sharon Salisbury upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the -z,t. ~t day of ~"'^ , 2006, addressed to the following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~>r4. ~. John A. Statler, E~q 're Attorney I. D. No. 12 Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants ~..C\ , , ,") ..:','1 .-1 ::r.-n r ,1, ;- .o~ , .~ f',) t"-) '('J ,'. r,:' , ".\ ":'j.5 .-<0 4. Johnson, Duffie, Stewart & Weidner By: By: John A. Statler, Esq. I.D.No.43812 Wade D. Manley, Esq. 1.0. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLlES,INC, JURY TRIAL DEMANDED Defendants PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court ************************************************************************************************* CAPTION OF CASE GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs vs. CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC, Defendants . - No. 2005-3885 Civil 1. State matter to be argued: Defendants' Preliminary Objections to the Plaintiffs' Complaint. 2. Identify counsel who will argue case: a) For Plaintiffs: Address: Marcus A. McKnight, Esquire Irwin & McKnight, 60 W. Pomfret St., Carlisle, PA 17013 b) For Defendants: Address: Wade D. Manley, Esquire 301 Market Street, Lemoyne, PA 17043 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 17, 2006 Call of Argument List Date: April 27, 2006 W~l). John A. Statler, Esq Attorney I.D. No. 43 2 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street PO. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: ;{J</ /GIJ 271605 13631-19 - . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe For Listing Case For Argument upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the io'/~ day of at,....~ , 2006, addressed to the following: Marcus A. McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: tv;/l.l. V. John A. Statler, squ're Attorney I.D No. 438 2 Wade D. Manley, Esqu' Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants r" '-- ~ j -," \ ",), -r~ ~.. (.) Lv :.::,i -, .." ... Gary Salisbury and IN THE COURT OF COMMON PLEAS OF Sharon K. Salisbury, Husband and Wife: CUMBERLAND COUNTY, PENNSYLVANIA And Progressive Northern Insurance Company, Subrogee CIVIL ACTION - LAW Of Gary Salisbury Plaintiffs : NO. 2005-3885 CIVIL V. Christopher A. Kleine and Trl-Boro Construction Supplies, Inc. Defendants : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 30th day of March, 2006, upon consideration of the foregoing request for production of documents IT IS ORDERED that the Plaintiffs, Gary and Sharon Salisbury shall provide the requested documents within 30 days of service of this order. Failure to comply with this order may result in sanctions as provided by Pa.R.C.P.4019. By the Court, '''l~ M. L. Ebert, Jr., J. Marcus A. McKnight, Esquire Attorney for Plaintiffs John A. Statler, Esquire Attorney for Defendants ~ ~ 3ls~Db ~~ , ~ ~.. , ~ ' ,'''', ' '," <:nJ ,,., /"1' ""~\"'IICJ'-'7 TL:J :Zl j-,d uc. (l ,,', > U{, .:JG Gary Salisbury and : IN THE COURT OF COMMON PLEAS OF Sharon K. Salisbury, Husband and Wife: CUMBERLAND COUNTY, PENNSYLVANIA And Progressive Northern Insurance Company, Subrogee : CIVIL ACTION - LAW Of Gary Salisbury Plaintiffs NO. 2005-3885 CIVIL V. Christopher A. Kleine and Tri-Bora Construction Supplies, Inc. Defendants : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 13th day of April, 2006, upon consideration of the Defendant's Motion to Compel Answers to Interrogatories previously filed on March 22, 2006, IT IS ORDERED that the Plaintiffs, Gary and Sharon Salisbury shall provide answers to Interrogatories numbered 1, 4, 5, 8, 13, 14, 15, 16, 18, 19, 20, 21, 22, 30, 32, 33 and 34 within 30 days of service of this order. Failure to comply with this order may result in sanctions as provided by Pa.R.C.P. 4019. By the Court, ,~ M. L. Ebert, Jr., ~rcus A. McKnight, Esquire Attorney for Plaintiffs .....-dohn A. Statler, Esquire ~ Attorney for Defendants ~'S L j ~j:]'j /''6',.,' .1 ::>a ~;.) :.J , GARY SALISBURY and SHARON: K. SALISBURG, husband and wife, : and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 05-3885 CIVIL vs. JURY TRIAL DEMANDED CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANTS BEFORE HESS. OLER AND EBERT. J.J. ORDER 0,;- AND NOW, this / day of June, 2006, following argument thereon, the preliminary objections of the defendants to the plaintiffs' claim for punitive damages are DENIED. BY THE COURT, :rlm /1j ~cus A. McKnight, III, Esquire For the Plaintiffs h'hn A. Statler, Esquire ~ For the Defendants V,Cf o 2 S : \ Hd C- ,nr SOHZ AUVK:; jO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ORIGINAL GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants, certifies that: (1) a notice of intent to serve subpoenas with a copy of the subpoenas attached thereto was mailed to Plaintiffs' attorney at least twenty days prior to the date of which the subpoenas ought to be served, (2) certificate, a copy of the notice of intent, including the proposed subpoenas, is attached to this (3) no objection to the subpoenas have been received, and (4) the subpoenas which will be served are identical to the subpoenas attached to the notice of intent to serve the subpoenas. Date: ~.t JOHNSON DUFFIE STEWART & WEIDNER BY: John A. Statler Attorney J.D. 438 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first- -tv\ class postage prepaid on the I "\ day of June, 2006, addressed to the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, ire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson. Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Tri-Boro GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI.BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals tld/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants WRY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Gary Salisbury and Sharon K. Salisbury, His Wife, Plaintiffs clo Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Defendants, Tri.Boro intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. J ART & WEIDNER By: DATE: S-12......1/ O~ John A. Stat, e Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Tri-Boro COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals tld/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Milton S. Hershev Medical Center. 500 University Drive. Hershev. PAl 7033 (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: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Sodal Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making tbis request at the address listed above. You have the right to seek, in ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 30 I Market Street Lemovne. P A \7403 TELEPHONE: (7\7) 76\-4540 SUPREME COURT ID # 438\2 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth Rehab ofMechanicsbur2. 175 Lancaster Boulevard. Mechanicsbur~. PA 17055 (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: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, phYSical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. StatIer. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. If you rail 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t'dlb/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Rodnev HOUlm. MD. 49 Brookwood Avenue. Carlisle. PA 17013 (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: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, omce notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemovne. P A 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center. 45 Sorint Drive. P.O. Box4100. Carlisle. PA 17013 (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: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 30 I Market Street Lemovne. FA 17403 TELEPHONE: 1717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsvlvania Retina Specialists. 220 Grandview Avenue. Suite 200. Carno HilL PA 17011-1740 (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, togetber with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, 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: JohnA. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT 10 # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals tJd/b/a TRI-BORO CONCRETE LAMCORP, INe., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Tire and Wheel Companv. P.O. Box 99. Carlisle. PA 17013 (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: All personnel records, employment records, attendance records, payroll records, disciplinary records, workers' compensation records, disability records, correspondence, and benefits records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemovne. P A 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE; Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals Vd/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Internists of Central PA. 108 Lowther Street. P.O.Box 107. Lemovne. FA 17043-0107 ONwmeofPe~onorEntitr) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street Lemovne. FA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT 10 # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CNIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthooedic Institute ofPennsvlvania. 875 Poolar Church road. Camo Hill. PA I701l (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: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.e. ADDRESS: 30 I Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT 1D # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRl-BORO CONSTRUCIION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Conservative Orthonedics. 49 Brookwood Avenue. Carlisle. PA 17013 (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: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nnrses notes, operative reports, admission and discbarge summaries, pbysical tberapy records, pbarmacy/medication records, correspondence, test reports, and otber treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Jobnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making tbis request at the address listed above. You bave tbe right to seek, in ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P .c. ADDRESS: 30 I Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT 1D # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy .' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No, 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals tJd/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Apoalachian Orthooedics. ] Dunwoodv Drive. Carlisle. PA 17013 (Name ofPerooo or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nunes notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 30] Market Street. Lemovne. PA ]7043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 30] Market Street Lemovne. P A ] 7403 TELEPHONE: (717\ 76] -4540 SUPREME COURT 10 # 438]2 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals tld/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Thomason Eve Associates. 220 Wilson Street. Suite 207. Carlisle. PA 17013 (Name ofPerson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and other treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies ofthe documents or produce things requesting 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 ad vane, 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: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.c. ADDRESS: 30 I Market Street Lemovne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, His Wife Plaintiffs Civil Action - Law vs. No. 2005-3885 CIVIL TERM TRI-BORO RENTAL, STORAGE & LEASING TRI-BORO CONSTRUCTION SUPPLIES, INC., TRI-BORO CONSTRUCTION SUPPLIES, GLENN C. REXROTH, LINDA A. REXROTH, Adult Individuals t/d/b/a TRI-BORO CONCRETE LAMCORP, INC., JAY C. SKOWRONEK, an Adult Individual and CHRISTOPHER A. KLEIN, an Adult Individual Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holv Spirit HOSDital. 503 North 21n Street Camp Hill. PA 17011-2288 (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: All medical records, in-patient records, out-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports, and otber treatment records concerning Gary Salisbury, DOB: 09-25-51; Social Security No.: 208-38-5397 at John A. Statler. Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 compelIing you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 30 I Market Street Lemovnc. PA 17403 TELEPHONE: (717)761-4540 SUPREME COURT ill # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy , . CERTIFICATE OF SERVICE I hereby certify that on this day, a true and correct copy of the foregoing Notice of Intent was served upon the person and in the manner indicated below. Service by First Class Mail, addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOhnS? s~eidner BY: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Tri-Boro DATE: sf'fjo~ ~ (~, ~ -ii c:. :;\"'ir , -, - r:.? ,,' ," G' Johnson. Duffie, Stewart & Weidner By: By: John A. Statler, Esq. I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attomeys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., JURY TRIAL DEMANDED Defendants ANSWER OF DEFENDANTS, CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., TO THE COMPLAINT OF PLAINTIFF, PROGRESSIVE NORTHERN INSURANCE COMPANY. SubroGee of GARY SAUSBURY AND NOW, come the Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P. C., who hereby file the following Answer to the Complaint of the Plaintiff, Progressive Northem Insurance Company, Subrogee of Gary Salisbury, and in support thereof aver as follows: 1. Denied. The answering Defendants lack knowledge and information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and therefore the averments are denied and strict proof thereof is demanded at time of trial. 2. Admitted in part; Denied in part. It is admitted that the Defendant, Christopher Kleine, is an adult individual. The remainder of the averments contained in this paragraph are conclusions of law and fact to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. By way of further answer, the Defendant, Christopher Kleine, resides at 23 South High Street, Newville, Cumberland County, PA 17241 3. By Order dated, 2006, the parties identified in this paragraph have been dismissed and the Defendant, Tri-Boro Construction Supplies, Inc., substituted in their place. 4. Denied. The answering Defendants lack knowledge and information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and therefore the averments are denied and strict proof thereof is demanded at time of trial. 5. Denied. The answering Defendants lack knowledge and information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and therefore the averments are denied and strict proof thereof is demanded at time of trial. 6. Denied. The averments contained in this paragraph are conclusions of law and fact to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. 7. Admitted. 8. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. 9. Denied. The answering Defendants lack knowledge and information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and therefore the averments are denied and strict proof thereof is demanded at time of trial. 2 10. Denied. The averments contained in this paragraph are conclusions of law and fact to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 11. Denied. The averments contained in this paragraph are conclusions of law and fact to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 12. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., respectfully request judgment be entered in their favor and that the Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., raise the following New Matters: 13. Some or all of the Plaintiffs' claims are barred in whole or in part. 14. Discovery may reveal that some or all of the Plaintiff's damages pre-existed the date of the subject accident and were not caused or aggravated by the accident. 15. Discovery may reveal that some or all of the Plaintiff's damages were caused by events occurring subsequent to the subject accident. 16. Discovery may reveal that the Plaintiff failed to mitigate its damages. 3 WHEREFORE, Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., respectfully request that judgment be entered in their favor and against the Plaintiff in this case. JOHNSON, DUFFIE, STEWART & WEIDNER By: /;v~ DATE: tJ'I-'J.fcr, John A. St ler suire Attorney I. D. o. 3812 Wade D. Manle, squire Attorney I. D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants :269496 4 08/22/2006 10:29 7172499696 TRI BORO CONSTRUCTIO PAGE 02/03 VERIFICATION I, CHRISTOPHER A. KLEINE, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer to Plaintiffs' Complaint; and that the facts stated therein are true and Cl)rrect to the bes1 of my knowledge, information and belief. I understand that any false statements herein are +ade subject to penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. ~o.~ CHRISTOPHER A. KLEINE DATE: VERIFICATION I, /.:u~# C' N;c;tffN , hereby acknowledge that Tri-Boro Construction Supplies, Inc. is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer to Plaintiffs' Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. TRI-BORO CONSTRUCTION SUPPLIES, INC. By: ~~ ~~ DATE: . . . . CERTIFICA TE OF SERVICE / HEREBY CERT/FY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ~ day of a~ (I,d, , 2006, addressed to the following: Marcus A. McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 :HNi':~ER enS. Jensen 0 0--" <;f. C:J C c-n.::> ". ,oF' 7'" 9 c- --"'" (;) f11r= -nrD ", -oc) (.n ;:~~j ti ~, s_1?\~ (. .....'~ 5\\1 -c":: 0) /' ~ ':1 '" 'lJ (.1'" '< Johnson. Duffie, Stewart & Weidner By: By: John A. Statler, Esq. I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., JURY TRIAL DEMANDED Defendants ANSWER OF DEFENDANTS, CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., TO THE COMPLAINT OF PLAINTIFFS. GARY SALISBURY and SHARON K. SALISBURY AND NOW, come the Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., by and through their attorneys, Johnson, Duffie, Stewart & Weidner, P. C., who hereby file the following Answer to the Complaint of the Plaintiffs, Gary and Sharon Salisbury, and in support thereof aver as follows: 1. Denied. The answering Defendants lack knowledge and information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and therefore the averments are denied and strict proof thereof is demanded at time of trial. 2. Admitted in part; Denied in part. It is admitted that at the Defendant, Christopher Kleine, is an adult individual. It is denied that this is the Defendant's address. By way of further answer, the Defendant, Christopher Kleine's, cUITentaddress is 402 Nealy Road, Newville, Cumberland County, Pennsylvania. 3. Admitted in part; Denied in part. It is admitted that at the Defendant, Tri-Boro Construction Supplies, Inc. is a Pennsylvania corporation with a business location at 1490 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. It is denied, as alleged, that this is the Defendant's principle place of business. By way of further answer, the Defendant, Tri- Boro Construction Supplies, Inc.'s, principle place of business is at 435 Locust Street, PO Box 8, Dallastown, York County, Pennsylvania. 4. Admitted in part; Denied in part. It is admitted that at the time and place stated, the Plaintiff, Gary Salisbury, was operating a motorcycle in a northbound direction on Ritner Highway. The answering Defendants lack knowledge and information sufficient to form a belief as to the truth or falsity of the remainder of the averments contained in this paragraph and therefore the remaining averments are denied and strict proof thereof is demanded at time of trial. 5. Admitted. 6. Admitted in part; Denied in part. It is admitted that an accident occurred on Ritner Highway after the Defendant, Christopher Kleine, turned into the business location of the Defendant, Tri-Boro Construction, Inc., located at 1490 Ritner Highway. The remainder of the averments contained in this paragraph are conclusions of law and fact to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. 7. Admitted in part; Denied in part. It is admitted that the Defendant, Christopher Kleine, turned into the business location of the Defendant, Tri-Boro Construction, Inc. The remainder of the averments contained in this paragraph are conclusions of law and fact to which 2 no response is required. If it is deemed that a response is required, the remaining averments contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. 8. Denied. The averments contained in this paragraph are conclusions of law and fact to which no response is required. If it is deemed that a response is required, the avennents contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. 9. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. 10. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. By way of further answer it is specifically denied that the Plaintiff, Gary Salisbury, had no warning of the impending incident. 11. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that Defendant, Christopher A. Kleine, was negligent and careless in the following manner: a. by failing to maintain his vehicle under proper control; b. by not paying attention to highway; c. by failing to safely execute a left hand turn across both lanes of travel; d. by failing to see Plaintiff's motorcycle; and 3 e. by failing to provide the Plaintiff any warning of the pending collision. 12. Admitted. 13. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. 14. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Defendant, Christopher Kleine, made a turn without adequate time to do so in a safe manner. 15. Denied. The answering Defendants lack knowledge and information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and therefore the averments are denied and strict proof thereof is demanded at time of trial. 16. Denied. The answering Defendants lack knowledge and information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and therefore the averments are denied and strict proof thereof is demanded at time of trial. 17. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Plaintiff, Gary Salisbury, is entitled to compensation for injuries, losses andlor damages incurred as a result of this accident. 18. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments 4 contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Plaintiff, Gary Salisbury, is entitled to compensation for injuries, losses andlor damages incurred as a result of this accident. 19. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Plaintiff, Gary Salisbury, is entitled to compensation for injuries, losses and/or damages incurred as a result of this accident. 20. Admitted in part; Denied in part. It is admitted that the Defendant, Christopher Kleine, was an employee of the Defendant, Tri-Boro Construction, Inc. The remaining averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Defendant, Tri-Boro Construction, Inc., is liable for negligent and reckless conduct in this matter and that the Plaintiff, Gary Salisbury, is entitled to punitive damages as a result of this accident. 21. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Plaintiff, Sharon K. Salisbury, is entitled to compensation for injuries, losses and/or damages incurred as a result of this accident. 5 22. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If is it is deemed that a response is required to the averments contained in this paragraph, the averments are specifically denied and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Plaintiff, Gary Salisbury, is entitled to punitive damages as a result of this accident. WHEREFORE, Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., respectfully request judgment be entered in their favor and that the Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., raise the following New Matters: 23. Some or all of the Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701, et seq., and especially by ~1722 ofthat law. 24. To the extent that some or all of the Plaintiffs' damages have been paid or are payable by insurance or other form of payment, then claims for those damages are barred both by ~ 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment. 25. Discovery may reveal that some or all of the Plaintiffs' injuries and damages pre-existed the date of the subject accident and were not caused or aggravated by the accident. 26. Discovery may reveal that some or all of the Plaintiffs' injuries or damages were caused or aggravated by events occurring subsequent to the subject accident. 6 27. Discovery may reveal that one or both of the Plaintiffs had failed to mitigate their damages. 28. The imposition of punitive damages in this case would constitute a violation of the United States Constitution and the Pennsylvania Constitution. WHEREFORE, Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., respectfully request that judgment be entered in their favor and against the Plaintiffs in this case. JOHNSON, DUFFIE, STEWART & WEIDNER By: /;Jik John A. S Attorney I. Wade D. M nle , Esquire Attorney I. D. o. 87244 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: 81~z,(O" :269496 7 VERIFICATION I, C~~JtI t!) ,..(4AAlDP7, hereby acknowledge that Tri-Boro Construction Supplies, Inc. is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer to Plaintiffs' Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I undenstand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. TRI-BORO CONSTRUCTION SUPPLIES, INC. By: _~ ~ DATE: 08/22/2006 10:29 71 72499696 TRI BORO CONSTRUCTIO PAGE 02/03 VERIFICATION I, CHRISTOPHER A. KLEINE, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer to Plaintiffs' Complaint; and that the facts stated therein are true and Cl>frect to the best of my knowledge, information and belief. I understand that any false statements herein are ~ade subject to penalties of 18 Pa. e.s. ~4904, rE.lating to unsworn falsification to authorities. ~(j.~ CHRISTOPHER A. KLEINE DATE: CERTIFICA TE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the Jl.ft!>- day of (}~d. . 2006, addressed to the following: Marcus A. McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, S By: o (~ .-' c;;.) c::Y i.::f' (" .,..... C:~ ., (;') .-;> U\ ~ o ~ ::;1 f'\1~ _n.rr\ -j10 ~~~:1 (1, .,..-1', ...--,- ~;;~-M 0' _.A .~ -- <..::: .-;> 0' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs v. 2005- 3885CML TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, this 8th day of September 2006, comes the Plaintiffs, GARY SALISBURY and SHARON K. SALISBURY, his wife, by their attorneys, IRWIN & McKNIGHT, and submits the following Answer to New Matter of the Defendants: 23. The averments of fact contained in paragraph twenty-three (23) of the New Matter of the Defendants, Christopher A. Klein and Tri-Boor Construction Supplies, Inc. are conclusions of law to which an answer is not required. They are therefore denied. 24. The averments of fact contained in paragraph twenty-four (24) of the New Matter of the Defendants, Christopher A. Klein and Tri-Boor Construction Supplies, Inc. are conclusions of law to which an answer is not required. They are therefore denied. 25. The averments of fact contained in paragraph twenty-five (25) of the New Matter of the Defendants, Christopher A. Klein and Tri-Boor Construction Supplies, Inc. are conclusions of law to which an answer is not required. They are therefore denied. 26. The averments of fact contained in paragraph twenty-six (26) of the New Matter of the Defendants, Christopher A. Klein and Tn-Boor Construction Supplies, Inc. are conclusions of law to which an answer is not required. They are therefore denied. 27. The averments of fact contained in paragraph twenty-seven (27) of the New Matter of the Defendants, Christopher A. Klein and Tn-Boor Construction Supplies, Inc. are conclusions of law to which an answer is not required. They are therefore denied. 28. The averments of fact contained in paragraph twenty-eight (28) of the New Matter of the Defendants, Christopher A. Klein and Tri-Boor Construction Supplies, Inc. are conclusions of law to which an answer is not required. They are therefore denied. WHEREFORE, the Plaintiff, Gary Salisbury and Sharon K. Salisbury, requests compensatory and punitive damages from the Defendants, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc., in the amount in excess of Thirty-Five Thousand and nollOO ($35,000.00) Dollars with interest as permitted by law and the costs of this litigation. Date: September 8, 2006 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the petitioner in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the petitioner according to 42 Pa.C.S.A. ~ 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: September 8, 2006 . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs v. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants CIVIL ACTION - LAW . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I. Marcus A. McKnight. m. Esquire. hereby certify that a copy of attached Answers was served upon the following by depositing a true and correct copy of the same in the United States mail. First Class. postage prepaid in Carlisle. Pennsylvania. on the date referenced below and addressed as follows: John A. Statler. Esq. Wade D. Manley. Esq. Johnson & Duffie 301 Market Street P. O. Box 109 Lemoyne. PA 17043-0109 By: 0.25476 Date: September 8. 2006 o F; --r..! [0;' f";"' r - r-.:> c;::;::; C".:.) ..::.;.T"" (/) rTl -~~ I C:J -0 _.".(,-, ~,~ (.,.,) o 0', "r.~,.... :.0 .< . Johnson, Duffie, Stewart & Weidner By: By: John A. Statler, Esq. I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :: CIVIL ACTION - LAW v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants hereby certify 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 20 days prior to the date on which the subpoena was 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 to be served is identical to the subpoena attached to the Notice of Intent. By: DATE: 10 /(i I () (" 283826 13631-19 John A. sire Attorney I.D. NO.4 12 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants . Johnson, Duffie, Stewart & Weidner By: By: John A. Statler, Esq. 1.0. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. NO. 2005-3885 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: GARY SALISBURY and SHARON K. SALISBURY, Plaintiffs clo MARCUS A. McKNIGHT, III, ESQUIRE Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiff SAMANTHA T. ESTEVES, ESQUIRE Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 Attorney for Plaintiff . PLEASE TAKE NOTICE that the Defendants intend to serve a subpoena identical to the one attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. JOH SON, DUFFIE, STEWART & WEIDNER DATE: CY' 2. 't lac. By: '~ John A. Stat, ire Attorney 1.0. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 284136 13631-19 '. . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GARY SALISBURY and SHARON K. SALISBURY, Husband and Wife, and PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of GARY SALISBURY, Plaintiffs CIVIL ACTION - LA W v. No. 2005-3885 CIVIL TERM CHRlSTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC. Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Suzanne (McCombie) Glossner. P.A.C.. Graham Medical Clinic. F.E.. 100 South Hiem Street Newville, PA 17241 (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: Copies of all medical records, in-patient records, emergency room records, x-ray reports, MRI reports, office notes, nurses notes, operative reports, admission and discharge summaries, physical therapy records, pharmacy/medication records, correspondence, test reports and other treatment records concerning Gary Salisbury, DOB: 09/25/51; Social Security No.: 208-38-5397. at John A. Statler, Esquire.. Johnson. Duffie. Stewart & Weidner, 301 Market Street. Lemoyne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docwnents 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. Esquire. Johnson, Duffie. Stewart & Weidner. P.c. ADDRESS: 30 I Market Street Lemovne. P A 17043 TELEPHONE: (717) 76] -4540 SUPREME COURT ID # 43812 A TTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy :283839 '. . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon all parties or counsel of record by depositing a copy of same in the United States ~ 2Cf day of Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ~+~ , 2006, addressed to the following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jo . _!!~r, Esqu e Attorney I. D.-No. 2 Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants .. . ' --- CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the (Cf ~y of ~, 2006, addressed to the following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: John atler, Esq 're Attorney I. D. 2 Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants o c.: S -'!'"i ::-.::; r;'c f~:7 rf~ ;.~ .,,~ ~~; <. !~L-: :.;' (~~ ,t.e.., :2 N c:::::> = a.. o n, -- N o -0 - -"'" ~ s!-n me --em A~ ':3-(, ....;--n 00 Zm S-3 -"'" ~ - en r-,,) , WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire 1.0. No. 76046 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 04399519 Attorney for Plaintiff(s) GARY SALISBURY AND SHARON K SALISBURY, HUSBAND AND WIFE, AND PROGRESSIVE NORTHERN INSURANCE COMPANY, SUBROGEE OF GARY SALISBURY CUMBERLAND County Court of Common Pleas vs. No. 2005-3885 CHRISTOPER A. KLEINE AND TRI-BORO CONSTRUCTION SUPPLIES, INC PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 13 - 16. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. As way of further response, after reasonable investigation Plaintiff is without sufficient information to form a belief as to the truth or falsity of Defendant's averments. Strict proof of same is therefore required at time of trial. WHEREFORE, Plaintiff demands that judgment be entered in its favor and against Defendant, Christopher A. Kleine and Tri-Boro Construction Supplies, Inc.. WELTMAN, WEINBr;R.J & REIS CO" L.P.A. ,../1 ,,,/ .,' By . .' //'/,,/ Mithael J.l>ougherty, Esquire Attorney f6r Plaintiff " VERIFICATION I, Michael J. Dougherty, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Reply to New Matter are true and correct to the best of my knowledge, information and/or belief. These averments are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. /t'./ /F/ ~aeIJ. Dougherty Date 11u,l t t, o c -,.. <;. -OCT' rnn, :-2: ~}~. -7' 1 ~::~.:: r:c <- ~~~:"'; $<:: --? ~ --1 --< ,...;) = = <::ro <<::) rrl ("') 1 ~ ~-n rt'lhi "% ~ 01 -I-f. :L:::D 00 2m o ~ ~ -0 ::E: .r;:'" .. o 0" \. -...... GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA J"g'7.s- 200S-1f1IJ. CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, IRWIN & McKNIGHT By: Marc A. McKnight, I, 60 W st Pomfret Street Carli Ie, Pennsylvania 17013 (717) 249-2353 Date: April 13, 2007 _ ~ ." "'4 GARY SALISBURY and SHARON K. SALISBURY, His Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. 2005-779 CIVIL TERM CHRISTOPHER A. KLEINE and TRI-BORO CONSTRUCTION SUPPLIES, INC., Defendants CML ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, In, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John A. Statler, Esquire JOHNSON DUFFIE 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 By: Date: April 13, 2007 -.., \.:-;:::~ c::::::> --' - c.,.) -::::1 -'.->~ ......:'~ r::? rJ1 0::