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Home My WebLink About05-3921 BRENDA J. LANDIS 20 Burning Tree Court York, Pennsylvania 17404 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OS- - 39J./ C;L>,-L~82-Y>J CARROLL A. QUARLES 3861 Twin Lakes Court Gwynn Oak, MD 21244 THEODORE R. WEDDINGTON, Frederick Road Ellicott City, MD 21043 ROADLlNK USA EAST, L.L.C. 1240 Win Drive Bethlehem, PA 18017 and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. 8501 Hegerman Street Philadelphia, PA 19136 Defendants CIVIL ACTION PRAECIPE FOR WRIT OF SUMMONS To: Prothonotary Issue a writ of summons in Civil Action on behalf of Brenda J. Landis and against Carroll A. Quarles, Theodore R. Weddington, Roadlink USA East, L.L.C., and Eastern American Transport & Warehousing, Inc. M ~ Jonathan H. Rudd 1.0. No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: August 1 , 2005 " ,..;. 'f~ ~... ~~~9 ~... \.' ( 'v .< --. f-,' - ",) . V" :.-. (.~ ~ -(,Q. lJ\. VI. ut " \) " -.) .J;l ~ I:'or \) ~ tjI "') "..;" -),-(~":'- . -. \'~ ' -\ <:';:' ~-,~; c:- ~ -- ..-- Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS BRENDA J. LANDIS 20 BURNING TREE COURT YORK, PA 17404 Plaintiff Court of Common Pleas Vs. No. 05-3921 CIVIL TERM In CivilAction-Law CARROLL A. QUARLES 3861 TWIN LAKES COURT GWYNN OAK, MD 21244 THEODORE R. WEDDINGTON FREDERICK ROAD ELLICOTT CITY, MD 21043 ROAD LINK USA EAST, L.L.C. 1240 WIN DRIVE BETHLEHEM, PA 18017 AND EASTERN AMERICAN TRANSPORT & W AREHODSING, INC. 8501 HE GERMAN STREET PHILADELPHIA, PA 19136 Defendant To CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLINK USA EAST, L.L.c., AND EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC., You are hereby notified that BRENDA J. LANDIS, the Plaintiff has I have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date AUGUST 1, 2005 Deputy Attorney: Name: JONATHAN H. RUDD, ESQUIRE Address: MCNEES WALLACE & NURICK LLC 100 PINE STREET P.O.BOX 1166 HARRISBURG, PA 17108 Attorney for: Plaintiff Telephone: 717-232-8000 Supreme Court ID No. 56880 BRENDA J. LANDIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CARROLL A. QUARLES, et aI., Defendants : NO. 05-3921 AFFIDAVIT OF SERVICE OF WRIT OF SUMMONS UPON EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. B&R 235 SOUTH 13TH STREET PHilADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 985-0169 "'F! Na/ional Association of Philadelphia Association ProfessiMsl Process SeNars of Professional Process Servers 8enic.e.. for hofuaionab IDe.. Brenda J. Landis COURT Court of Common Pleas of Pennsylvania -vs- COUNTY Cumberland County CASE NUMBER 05-3921 Carroll A. Quarles, et al AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: B&R Control # Reference Number CS017196 -1 Ron Stein, being duly sworn according to law, deposes and says that he/she is the process server/sheriff herein named, and that the facts set forth below are true and correct to the best of their knowledge, information and belief. On August 8, 2005 we received the SUMMONS, and that service was effected upon EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. at 8801 Torresdale Avenue Philadelphia PA 19136, on the 10 DAY OF AUGUST, 2005 at 9:00AM, in the manner described below: By service upon TOM WEED, FINANCIAL PLANNER as agent or person in charge of office or usual place of business. Description Age Other Height Weight Race Caucasian Sex M Hair Served at second address. Sworn to and subscribed before me this r MMONWEAL..TH OF PENNSYLVANIA. NOT,~RIAL SEAL NADINE 0 HuGHES, Notary Public City of Philao8lphia, Phlia. County , . ,~ Ron Stein Addr# 1 8501 Hegerman S ~~adeIPhia PA 19136' 8/10/2005 8:54 AM Other The defendant is no longer at this location. Law Firm For Plaintiff Phone Jonathan H. Rudd, Esquire McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17106 Identification # (717)232-8000 BR Serve By 813012005 Flied Date 8/1/2005 ORIGINAL Civil o ~~ ~;2P~' -'/'" ; ~~2'~" r:::t ~~~~" I ,';';;;:C" y(;,~ ~ .....' = ~ E: c;-> -1 ~- -0 ::J:: r:-? U'1 N ~ ;;a'"1J , "r- -om f3~ :~ :+\ (5-0 :;,-m ~~ ;,;; :...;: BRENDA J. LANDIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CARROLL A. QUARLES, et aI., Defendants : NO. 05-3921 PRAECIPE TO REISSUE WRIT OF SUMMONS To: Prothonotary Reissue the Writ of Summons in this action. McNEES WALLACE & NURICK LLC By ,-) nathan H. Rudd 00 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: September 13, 2005 Attorneys for Plaintiff (;, s'f~ --~I 01 (, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03921 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANDI S BRENDA J VS QUARLES CARROLL A 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: ROADLINK USA EAST LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHAMPTON County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 13th , 2005 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: Docketing Out of County Surcharge Dep Northampton Postage 18.00 9.00 10.00 52.00 .37 89.37 09/13/2005 BRENDA LANDIS Co as kllne ff of Cumberland County Sworn and subscribed to before me this I ~ day of Scp-J.~ l.e/ J,,6': A.'.D' ~ {3~l;iiic;o'r In The Court of Common Pleas of Cumberland County, Pennsylvania Brenda J. Landis VS. Carol A. Quarles, et. al. Serve: Roadlink USA East LLC No. 2005-3921 Civil Now, 8/2/05 . , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northampton County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~=~~~ Sheriff of Cumberland County, PA . Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ..; .. I All information from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property. he or she service can be made. will leave the property without a watchman and in custody of 2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff. the property is under a Sheriff s levy. The Sheriff or 3. When completinl! location for service, be certain to Deputy is not liable in any way for protecting pro;Jerty. have a valid address or directions. Do not nse P.O. 5. Service will be executed in accordance"with Rule 402 and Title Boxes or R.D. - ADDRESSES ONLY. Provide the 231, Pennsylvania Rules of Civil Procedure. 6. The attorney must certify all copies of process. township, if applicable. 7. Supply a self-addressed stamped envelope for return of service. PLAINTIFF, BRENDA J LANDIS DEFENDANT, CAROL A OUARLES eta1 SERVE UPON, LOCATIO", ROADLINK USA EAST LLC 1240 WIN DRIVE TYPEOFWRIT: BETHLEHEM PA 18017 WRIT OF SUMMONS A TIORNEY (NAME, ADDRESS. PHONE) ATIORNEY SIGNATURE, HON R THOMAS KLINE ORDER FOR SERVICE REQUEST TO BE COMPLETED BY THE REQUESTING ATIORNEY DOCKET NUMBER, FOR PROTHONOTARY USE ONLY LAST DAY FOR SERVICE, FEES PAID, :J 1:1.1 ,J, t:. ASAP RETURN OF SERVICE (To be completed by Sheriff) DATE, ,4Lc. / c/ (J ?c-J ';i) Served in the following manner: ( ) Defendant personally served ( ) Adult family member with whom said defendant resides ( ) Adult in charge of defendant's residence ( ) Manager/Clerk of place of lodging in which defendant resides ~gent or person in charge of defendant's office or usual place of business ~ ) Officer of said defendant company ( ) Posted property ( ) Levy on property tt6~~~ Y.s ~ ( ) BOROUGH OF)a:l1ITY OF ( ) TOWNSHIP OF, '4ft-I~ (Comments) SO ANSWERS, JEFFREY K HA WBECKER SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of County, To execute and make a return on the above and attached action according to law. hi $-/7 . Bad e# Sheriff of Northam ton Count Date ACCEPTANCE OF SERVICE I accept service of the authorized to do so. on behalf of and certify that I am (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042-7483 (610) 559-3084 (610) 559-3781 (REAL ESTATE) v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3921 BRENDA J. LANDIS Plaintiff CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-910~ RId J athan H. Rudd, Esquire cNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 Attorneys for Plaintiff Date: February 16, 2006 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3921 BRENDA J. LANDIS Plaintiff CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADUNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING,INC. Defendants : CIVIL ACTION COMPLAINT 1. Plaintiff is Brenda J. Landis, an adult individual who resides at 20 Burning Tree Court, York County, York, Pennsylvania 17404. 2. Defendant, Carroll A. Quarles (hereinafter "Quarles"), is an adult individual with a principal place of residence at 2817 Mayfield Avenue, Baltimore, Maryland 21213. 3. Defendant, Theodore R. Weddington (hereinafter "Weddington"), is an adult individual with a principal place of residence at 8505 Frederick Road, P.O. Box 1336, Howard County, Ellicott City, Maryland 21043. 4. Defendant, Roadlink USA East, LLC (hereinafter "Roadlink"), is a Delaware limited liability company with a Pennsylvania place of business at 1240 Win Drive, Northhampton County, Bethlehem, Pennsylvania 18017. 5. Defendant, Eastern American Transport & Warehousing, Inc. (hereinafter "Eastern American Transport") is a corporation which maintains a place of business at 8501 Hegerman Street, Philadelphia County, Philadelphia, Pennsylvania 19136. 1 6. This action arises out of the collision between a tractor-trailer and passenger vehicle that occurred on August 11,2003, between 8:30 A.M. and 9:00 A.M., on Interstate 83, near the border between York County and Cumberland County, Pennsylvania (hereinafter referred to as the "Accident"). 7. At the time of the Accident, Plaintiff was the owner and operator of a 1999 Chrysler Sebring Convertible, Pennsylvania registration number PZT708B (hereinafter the "Car"). 8. At the time and place of the Accident, Plaintiff was operating the Car in a northerly direction on Interstate 83. 9. At the time and place of the Accident, Defendant Quarles was operating a 2000 International Tractor, Maryland registration number 463F55, pulling an enclosed trailer (hereinafter the "Tractor-Trailer"), also in a northerly direction on Interstate 83. 10. Immediately prior to the subject Accident, Plaintiff was operating the Car in the left hand lane and had just passed Exits 39B (Interstate 76/Pennsylvania Turnpike) and 40A (Limekiln Road). 11. Immediately prior to the subject Accident, Plaintiff was operating the Car at the lawful rate of speed. 12. As Plaintiff passed Exit 40A, Defendant Quarles was operating the Tractor- Trailer in the right hand lane of Interstate 83, and began to pass the Car on its right hand side. 2 13. The Accident started when Defendant Quarles attempted to change from the right hand to left hand lane when the rear of the Tractor portion of the Tractor-Trailer was adjacent and next to the Car driven by Plaintiff in the left hand lane. 14. Prior to attempting to change lanes, Defendant Quarles failed to use his turn signals to indicate that he intended to change lanes. 15. As Defendant Quarles attempted to move the Tractor-Trailer from the right hand to the left hand lane, the rear portion of the tractor and/or front portion of the trailer violently struck the right hand side of the Car driven by Plaintiff (hereinafter the "Initial Impact"). 16. At or immediately prior to the Initial Impact, Plaintiff activated the horn of the Car with such force that she sprained her wrists. 17. After the Initial Impact, Defendant Quarles temporarily moved the Tractor- Trailer back toward the right, and then immediately moved back toward the left and violently struck the Car a second time (hereinafter the "Second Impact"). 18. At the time of the Second Impact, the Tractor-Trailer had moved farther ahead of the Car, and the Second Impact took place between closer to the middle of the Trailer and the right-hand side of the Car. 19. At all times between the Initial Impact and Second Impact, Plaintiff continued to apply the horn of the Car. 3 20. After the Second Impact, Defendant Quarles once again temporarily pulled the Tractor-Trailer to the right, and then suddenly pulled back to the left and violently struck the Car for a third time (the "Third Impact"). 21. At the time of the Third Impact, the Tractor-Trailer had continued to move farther ahead of the Car, and the Third Impact took place between the rear of the Trailer and the right-hand side of the Car. 22. At all times between the Second Impact and Third Impact, Plaintiff continued to apply the horn of the Car. 23. After the Third Impact, Defendant Quarles finally passed Plaintiffs Car, and continued to operate the Tractor-Trailer in a northerly direction on Interstate 83 without any immediate attempt to stop and pull over to the side of the road. 24. After the Third Impact, Plaintiff was eventually able to bring the Car to a stop. 25. Based upon eye witness statements, Plaintiff believes and therefore avers that another tractor-trailer driver took some action to intervene in order to prevent Defendant Quarles from leaving the scene of the Accident. 26. Defendant Quarles eventually brought the Tractor-Trailer to a stop and parked the Tractor-Trailer on the right hand side of the road almost one mile north on Interstate 83 from where the Accident began. 27. Plaintiff was assisted at the scene of the Accident by witnesses who claimed to have observed the Accident and Defendant Quarles' apparent attempt to leave the scene of the Accident. 4 28. Based upon eye witness statements, Plaintiff believes and therefore avers that Defendant Quarles refused to exit the cab of the Tractor-Trailer until the police arrived approximately thirty minutes after the Accident. 29. Prior to the police arriving, Defendant Quarles made no attempt to check on the condition of Plaintiff. 30. Based upon information received from the Police, Plaintiff believes and therefore avers that the 2000 International Tractor driven by Defendant Quarles at the time of the Accident was owned by Defendant Weddington. 31. Based upon further information received by Plaintiff, she believes and therefore avers that at the time of the Accident, Defendant Quarles was acting as the servant, agent, employee, or was otherwise operating the Tractor-Trailer under the control or on the behalf of Defendants Weddington, Roadlink and/or Eastern American Transport, and was then and there operating the Tractor-Trailer while acting within the scope and purpose of his agency, servitude, employment, control, behalf and/or authorization of Defendants Weddington, Roadlink and/or Eastern American Transport. 32. Defendant Quarles was negligent and reckless in attempting to change lanes when the left hand lane was already occupied by Plaintiff's Car. 33. Defendant Quarles was negligent and reckless in repeatedly striking Plaintiff's Car when he knew or should have known that his Tractor-Trailer was adjacent to Plaintiff's vehicle and there was no possible way for him to change lanes without crushing Plaintiff's Car. 5 34. Defendant Quarles was negligent and reckless in failing to properly operate the Tractor-Trailer in order to carry out a proper and safe lane change after Plaintiff's Car had either already passed by the front of his Tractor-Trailer, or in the alternative, once the rear of Tractor-Trailer was beyond the front of Plaintiff's Car. 35. Defendant Quarles was negligent and reckless in failing to operate the Tractor-Trailer at a safe rate of speed such that he could make a proper and safe lane change. 36. Defendant Quarles was negligent and reckless in failing to properly utilize his mirrors in order to observe Plaintiff's Car before attempting to make a lane change from the right hand to left hand lane. 37. Defendant Quarles was negligent and reckless in not recognizing after striking the Plaintiff's Car the first time that the Tractor-Trailer was still not beyond Plaintiff's Car when he attempted to re-enter the left hand lane the second time, which resulted in him striking Plaintiff's Car a second time. 38. Defendant Quarles was further negligent and reckless in not recognizing after striking the Plaintiff's Car the second time that the Tractor-Trailer was still not beyond Plaintiff's Car when he attempted to re-enter the left hand lane the third time, which resulted in him striking Plaintiff's Car for the third time. 39. Defendant Quarles was negligent and reckless in his repeated striking of Plaintiff's Car when he knew or should have known that Plaintiff's Car was adjacent to his Tractor-Trailer and there was no room for his Tractor-Trailer to move over into the left hand lane without crushing Plaintiff's Car. 6 40. Defendant Quarles was negligent and reckless in repeatedly failing to heed the sounding of Plaintiffs horn before and between the Initial Impact and Third Impact. 41. Defendant Quarles was negligent and reckless in failing to immediately take steps to pull the Tractor-Trailer off onto the right-hand shoulder after the Initial Impact, which would have eliminated the occurrence of the Second and Third Impacts. 42. Defendant Quarles was negligent and reckless in failing to immediately take steps to pull the Tractor-Trailer off onto the right-hand shoulder after the Second Impact, which would have eliminated the occurrence of the Second and Third Impacts. 43. It was unreasonable for Defendant Quarles to have repeatedly attempted to change lanes when he knew that Plaintiffs Car was in the left hand lane and that there was no room for the Tractor-Trailer to then and there move into the left hand lane without crushing Plaintiffs Car. 44. Defendant Quarles disregarded a risk known to him or an obvious risk that he was aware of in attempting to then and there change from the left hand to the right hand lane despite that he knew Plaintiffs Car was in the left hand lane and knew, after repeatedly hitting Plaintiffs Car, that there was no room for him to move over without crushing Plaintiffs Car. 45. The risk of harm to Plaintiff was very great such as to make it highly probable that Plaintiff would be injured as a result of Defendant Quarles' repeated attempts to move the Tractor-Trailer over from the right hand to left hand lane despite that Plaintiffs Car was in the left hand lane, and consequently striking Plaintiffs Car upon three attempts until the Tractor-Trailer finally passed by Plaintiffs Car. 7 46. Defendant Quarles' operation of the Tractor-Trailer as described above evidences a reckless indifference to Plaintiff's interests and well being by repeatedly striking Plaintiff's Car without any apparent concern that the only way he was then and there going to be able to move the Tractor-Tractor over to the left hand lane was by slamming into Plaintiff's Car and eventually crushing Plaintiff's Car such that the Tractor-Trailer would be able to pass by or over Plaintiff's Car. 47. Defendant Quarles' above described conduct in repeatedly striking Plaintiff's Car, including after already having hit her Car once and then twice, amounts to outrageous conduct. 48. Defendants Weddington, Roadlink and Eastern American Transport are liable and responsible for Defendant Quarles' negligent and reckless conduct, since at the time of the aforesaid Accident, Defendant Quarles was acting within the scope of his agency, servitude, employment, control, behalf and/or authorization for Defendants Weddington, Roadlink and Eastern American Transport. 49. As a result of the negligence and recklessness of Defendants as described above, Plaintiff's body was repeatedly thrown against the left hand side of her Car, and repeatedly shaken and jarred inside of her Car. 50. As a result of the negligence and recklessness of Defendants as described above, Plaintiff suffered, is suffering, and will continue to suffer serious and permanent injuries, including, but not limited to, injuries to her legs, back, neck, wrist, and left eye. 8 51. As a result of the negligence and recklessness of Defendants as described above, Plaintiff suffered, is suffering, and will continue to suffer severe physical pain, numbness, tingling and burning sensations throughout her left leg. 52. As a result of the negligence and recklessness of Defendants as described above, Plaintiff suffered, is suffering, and will continue to suffer severe physical pain throughout her lower back and neck regions, and extending down into her shoulders. 53. As a result of the negligence and recklessness of Defendants as described above, Plaintiff suffered, is suffering, and will continue to suffer loss of mobility and/or movement throughout her lower back and neck region. 54. As the Accident was occurring, Plaintiff believed that she was going to be killed by the Tractor-Trailer. 55. Plaintiff continues to have "flash-backs" of the Accident that occurred on August 11, 2003, and what she considers to be a "near death experience." 56. Plaintiff cannot avoid traveling on roads where she encounters tractor-trailers passing her as she travels to and from work and makes other trips to and from her home. 57. As a result of Defendant's negligence and recklessness, Plaintiff suffered, is suffering, and will continue to suffer great mental anguish, stress, fear, trauma, and at times a near paralyzing condition, in traveling in the vicinity of and adjacent to tractor- trailers, 9 58. As a result of Defendants' negligence and recklessness, Plaintiff has suffered, is suffering, and will continue to suffer a disruption of her daily habits and pursuits, and a loss of enjoyment and the pleasures of life, including, walking, dancing, performing household services, performing yard work, aerobics, cross country skiing, sitting for long periods of time, climbing stairs comfortably, sitting on any hard surface, lying on flat surfaces for any length of time, and standing for any length of time on a hard surface. 59. As a result of Defendants' negligence and recklessness, and in order to treat the injuries caused by the Accident, Plaintiff has been compelled to expend various sums of money for medical attention, medication and supplies, and will be required to continue to expend sums of money for the same purpose in the future. 60. As a result of Defendants' negligence and recklessness, and as a consequence of the injuries suffered in the Accident, and the continuing leg, neck and back pain resulting from the Accident, Plaintiff has missed time at work and will continue to miss time at work. The economic impact to Plaintiff as a result of the time she has missed from work is approximately $2,000 as of the filing of this Complaint, and will continue to increase as she misses more time at work. 61. As a result of Defendants' negligence and recklessness, Plaintiff can no longer use a push mower to mow her lawn. Accordingly, she had to purchase a riding lawnmower at a cost of $899.94 in order to continue mowing her lawn. 62. As a result of the continued deterioration of her physical condition caused by the Defendants' negligence and recklessness, Plaintiff does not anticipate that she will be able to mow her lawn with a riding lawn mower for very much longer as a result of the 10 constant bouncing and jarring on her lower back and neck. Accordingly, Plaintiff anticipates having to hire a lawn service to mow her lawn at a significant cost to Plaintiff, which she would not have incurred but for the Defendants' negligence and recklessness. 63. As a result of the Defendants' negligence and recklessness, Plaintiff has been required to pay others to assist her in maintaining the grounds around her house, which work she would normally have done herself if not for the injuries caused by the Accident. Plaintiff has attempted to do as much as she can physically endure considering the physical limitations resulting from the Accident, but has still incurred approximately $2,345 to date paying for ground's maintenance, which she would otherwise have performed, and anticipates this amount increasing in the future. 64. As a result of Defendants' negligence and recklessness, Plaintiff is limited in her ability to perform snow removal tasks. Plaintiff anticipates that she will incur significant snow removal costs in the future as her condition progresses and/or deteriorates. 65. As a result of Defendants' negligence and recklessness, Plaintiff has had to pay others to perform household tasks, such as painting and other house maintenance and management tasks, which she otherwise would have done but for the injuries sustained in the Accident. Plaintiff has already incurred $1,800 in additional costs associated with painting and approximately $750 for miscellaneous charges, and anticipates additional household maintenance and management expenses will be incurred in the future as a result of the Accident. 11 66. As a result of Defendants' negligence and recklessness, Plaintiff has been deprived of sleep and at times has significant difficulty sleeping without being interrupted by pain and other discomfort caused by the Accident. 67. As a result of Defendants' negligence and recklessness, Plaintiff had to purchase a new mattress and box spring to try and alleviate some of the pain caused by the Accident. Plaintiff incurred $350 for a new mattress and box spring. Plaintiff anticipates as her condition progresses and/or deteriorates, that she will have to purchase another mattress that provides even greater relief to the pain and discomfort caused by the Accident. 68. Defendant Quarles' conduct was sufficiently outrageous in that he acted with a complete reckless indifference to Plaintiff's interests and well-being in striking Plaintiff's Car when he knew his Tractor-Trailer was adjacent to Plaintiff's Car, or did not even care if there was a vehicle next to the Tractor-Trailer when he attempted to make the lane change, and then on two additional occasions after he had already violently struck Plaintiff's Car, drove into Plaintiff's Car in a continued attempt to smash his way over into the left hand lane regardless of whether he would have to crush Plaintiff's Car in order to change lanes, such that Defendants are responsible and liable for punitive damages. 69. Defendant Quarles' conduct was further outrageous and evidenced a reckless indifference to Plaintiff's interests and well-being in attempting to leave the scene of the Accident after initially striking Plaintiff's Car and then repeatedly striking Plaintiff's Car on two additional occasions as he left the scene of the Initial Impact. 12 70. Defendants Weddington, Roadlink and Eastern American Transport are liable for punitive damages since Defendant Quarles was acting as the servant, agent, employee, or was otherwise operating the Tractor-Trailer under the control or on the behalf of Defendants Weddington, Roadlink and/or Eastern American Transport at the time of the Accident. 71. As a result of all of the aforesaid negligent, reckless, and outrageous conduct, Defendants are all liable for Plaintiff's compensatory damages and are further liable for punitive damages. WHEREFORE, Plaintiff demands judgment against all Defendants for both compensatory and punitive damages in an amount in excess of the Court's arbitration limit. Respectfully Submitted: McNEES WALLACE & NURICK LLC ,/'/- v 'J<v).J J nathan H. Rudd .0. No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Dated: )- \ \ \i1\ 0 \0 13 VERIFICATION I, Brenda J. Landis, verify that the factual statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. In making this verification, I am relying on my attorney to set forth any legal conclusions based on the facts. The wording of this document is that of my attorneys and not my own. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. 1 r~- '- !J-'Alv . '" L-./ Brenda J. LaAdis Dated: c9-/t - d/ CERTIFICATE OF SERVICE . v\.-., I, Jonathan H. Rudd, Esquire, hereby certify that on this ~ day of February, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Carroll A. Quarles 2817 Mayfield Avenue Baltimore, MD 21213 Roadlink USA East, L.L.C. 1240 Win Drive Bethlehem, PA 18017 Theodore R. Weddington 8505 Frederick Road P.O. Box 1336 Ellicott City, MD 21043 Eastern American Transport & Warehousing Inc. 8501 Hegerman Street Philadelphia, PA 19136 l~jJ~ r- Jo athan H. Rudd 14 r"" (".'j ~'-) _."\) r,,1 ( ~'; ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.c. BY: Theodore M. Schaer, Esquire Attorney J.D. # 49580 1515 Market Street, Suite] 200 Attorney for Defendants Philadelphia, Pennsylvania 19102 2] 5-569-2800 BRENDA J. LANDIS vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROAD LINK USA EAST, LLC., and EASTERN AMERICAN TRANSPORT & WAREHOUSING USA, INC. No. 05-392] DEFENDANTS, CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLINK USA, INC. AND EASTERN AMERICAN TRANSPORT's PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendants, Carroll A. Quarles ("Quarles"), Theodore R. Weddington ("Weddington") and RoadJink U.S.A., Inc. ("Roadlink"). Eastern American Transport & Warehousing ("Eastern") by and through their undersigned counsel. hereby preliminarily object to the allegations of Plaintiff's Complaint in this matter, and in support thereof aver as follows: I. This lawsuit arises from a Writ of Summons filed on August 1,2005 by Plaintiff. 2. On February 20, 2006 Plaintiff filed a Complaint alleging a personal injury and property damage as a result of an alleged auto accident that occurred on August 11,2003 on Interstate 83, near the border between York County and Cumberland County, Pennsylvania See Plaintiffs' Complaint, ~6, attached hereto as Exhibit "A." 3. Plaintiff alleges in her Complaint that on the aforesaid date Defendant. Quarles, was operating a tractor-trailer that made contact with Plaintiffs vehicle, causing the injuries alleged in Plaintiffs Complaint. See Exhibit "A," ~49-67. 4. As a result of the accident, Plaintiff is seeking compensatory and punitive damages. See Exhibit "A," ~71. 5. Pursuant to the Pennsylvania Rules of Civil Procedure any party may tile Preliminary Objections to averments contained in any pleading. Pa. R.C.P. I028(a). 6. Pursuant to Rule 1028(a)(4) a party may preliminarily object by way ofa demurrer to a pleading. which is legally insufficient. 7. A demurrer is appropriate where an objecting party alleges that a pleading does not set forth a cause of action upon which relief can be granted. Balsbaugh vs. Rolland, 290 A.2d 85 (Pa. 1972). I. PRELIMINARY OBJECTION PURSUANT TO Pa, R.CP. 1028(a)(4)- DEMURRER TO ALL CLAIMS FOR PUNITIVE DAMAGES 8. Plaintiff alleges that shc is entitled to punitive damages in this casc, as set forth above, however, there are no factual allegations made in Plaintitrs Complaint. which could support a finding of punitive damages against any of the Dcfendants. 9. Although Plaintiff alleges in her Complaint in this action various allegations of negligence, however, none of the allegations could. under any fair reading. support a claim for punitive damages. ] O. In order for the PlaintifT to be able to support a claim ror punitive damages in this case, Plaintiff must allege that the conduct ofthc Defcndants named hercin was committed willfully, maliciously, or so intentionally as to show a willful disregard by the Defendants for the rights of the Plaintiff. Moran VS. G&W.H. Korson. Inc., 586 A.2d. 416 (Pa. 1991); Chambers vs. Montgomery, 192 A.2d 355 (Pa ] 963). 11. Punitive damages are not appropriate where the alleged conduct on the part of the Defendants, by any fair reading of the allegations. constitutes negligence. Pittsburgh Outdoor Advertising Co. v. Virginia Manor Apartments. Inc., 436 Pa. 350 (Pa. 1970). 12. In fact, punitive damages are only proper pursuant to Pennsylvania Law when the Defendants' alleged actions are so outrageous as to infer intentional, willful. wanton or reckless conduct. Bannar vs. Miller, 70] A.2d 232 (Pa. Super 1997). 13. Plaintiff has made no allegation that could. under any fair reading. remotely suggest the elements of a claim for punitive damages in this case. 14. Accordingly, all allegations that Plaintiff is entitled to punitive damages in this case must be stricken from the Complaint. 15. Reliance is placed on Defendants' Memorandum of Law attached to their Motion to Determine these Preliminary Objections. and all arguments contained in that Memorandum are incorporated herein by reference. WHEREFORE, Defendants request that this Court sustain Defendants' Preliminary Objection to Plaintiffs Complaint in the form of demurrer and order that all claims for punitive damages be stricken from Plaintiffs Complaint. Respectfully submitted, BY: ZARWIN, BAlIM, DeVITO, KAPLAN, SCHAER & TODDY, P.c. ~~~ ~)RE'M. SCHAER, ESQlIIRE Attorney for Defendants DATE: .., , '.' , " "' ;:',:. \ \ f-xhJ bil If t-eb cl Ul:i lU:5Ua Cind':j Weakle':j ~E;:. 2[1. 7806 i(:')3~Vi t~S:fRf.J ij,:/~R;CA 817-577-4690 'W.;C:13 p.9 f, ~,': 0 Ft8. 2C. 2~OG 0: )jAi..1 t;:.:Jltr,f'i un D.",ll BRr;:~[\a.J. L~J\!D:S F~.s.i:....:in ; Ii'? 'HE CCUHT C:'F C0r..MviCd\! ?LE.~S : eu .!:2-ER~I~!<D cOu~~r'f, FcNNSYLV,t,!'H;~ "'1/. : [\IO. :;5<~f:2i C.~.RROU_ /~_.-QU..':.RLSS, THEODO~ (Z. \VEDC;i~GTCN, ~0;\CL;r~;~ U.s/~1. EP,ST. L_l..C.. 2~id E.~',ST5RH f'lj'v1ERiC."::,;\! TW~~SrOR7 2;; '/V/\REf';;OUSiNG, ::'<C. Defu~d2;:ts ; CIVIL AC7!O~~ I~Q...IJ. C1; YC,U ;-{,(~V= 8EEt,~ .sUSD iN CCUF(T. 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C:),h;:;,,::':S3 o;::;:;isf::g the.: TJ.,:dc~- T:zii'::r C~!_~'':;'2r ~h~ conirQ! 07 C~ "i:\2 Q~hdt OF ~>.:.+;;;:;:ml~ \V2-ddr;gi.GD. R,,;;z-cmn;~ ;;:ntifc.r ;'=asicm P,;'11cr:c2.n Tf&nso;;crt ~t ills Er.l'8 cr the ":.,':r:J:r.3f:t. 71, P.:' 3 rES"dt cf ;;:11 c1tr:s 8ors'SfJld r;~s!;g.snt, reckif.55, end Gut-2.se~lY5 c'Jnr:.\lc~: DE',Ts:-;d2;-;:S ~:;0 ;l! ~i::::bl.z f::-r Pi;h1:r;-=s c0it!~~r..s2i'.'~'iy i:;2ms:~;:;s 2liO 210 f-t..:r:j:2r 1i;:;;b~s \-i..:f PLJ;\~f"e c.\2:::::;~:;. \~jHE~:;FG::;:~. P;t:i;\N o.E;";Ti8nC;S iUC:Si"i18nt 29:::icst;:;:1 DE~;8ncants 1m- bc~h C;::;-:ljJ::SI,3'ot:;ry 2ri.::.l )t:nli.iv<3 ds.;7\;;~!es in 2n 2ri~OUf:t in 8;,:'::~:::; or t;1~ CO'..lrt's 8_d::E~-dlcn Em~t. R0~.pElct;'t.!i{"l St!bmi:~~~c: i'.1,::~'.:~ES V\:),.!...LACE :l NURICK LtC 1 ..._ if p., I'.-r_.<'-/''''''{ J 1~~';'J3;;3~;;C'i H. R!..3dd , ~..," '.':O~0 '-----./':!.....\;O...)-d..!:...> 100 Pifl2 .)~T2G-t P.O. B,,"x .ll3S H;-:1lisb:1:r'. PA -/7-;03 {\'j'1 ()2::::1~3G0a 7<J:I D:::.;s.:::: I I. ... dtn ~ ',I) ,,'-(' '-I' -^ \.;: ~eb ~1 Ub lU:~~a :;: n 2GC6 IU2~:! L 1 rllJ;:' ...,~~....! t:::::J :;;SHR1~ ,I;~.(:~ :Ct., \~~} ?:) i 3 f[~ }O. 100~ (.:';01::1 ~,;~I t~r1 ton DilL I \.~[::;f;-:r'i-::A.I'~D'?\) .--"--------..- I. 13r;;:::3 ~i< !..::t.r,((s., V'2J~~J il-;2t t!;8 fu~LI.!2J Gt~t-~i"2:::r.':~ i':12':"2 In th.s: kfEgS:iig ,:;-:.-c:..n:'..s.J.t 2r3 t;1J..:; er;d c.:;:Tz.::t ~~O \h3 c-=st cf (:.'tY !<r:Q-t~:I.;::[:g0, :C1f~;Tr;:::tbt1 C-'Gd r>2::'~. In 1;-:;::I~~ljg th:3 '.,:er:rrC:,~!:Jn. , ;;tJl rdJ'k~9 0i'l il1.Y 2:t!.urney tc' set f.:t'J; 2lt~ ~ogs.t r;':::Il,::tJ:Sfor:s b2S?'D c-)l '~il:~ fC:r~(.t. 'fh~ l{l;.:;.:rdin-~ oY this dC~l::~,€:r,( is fhs~: of rr,y .2ttoffiSYS 2;-;j nc.1 my Q:;'{n. ! unj;r3"~=m,d U::,;j .r2b'2; ~[;t\;~rr:er:t: ;l~r,?j;; ;:.~ il:Z:CS GLbI.::d to ~lc pgr;2!t~2:! cf 16 ;:3_0,8. S(;'~SO,:~. re;~;;ng fa u;~:y,'Jom 'j2Isi;1c:.:ib~; '2'0 ~::ihc,ri~-::-:~, "7J /1 _s!l/:~vf..~~:J.---k.~~J 5i00;(:1 J. L2i<J(:;.:; uz}ed: 0)-./6- - C-;(~J P ::.11 -Ill. L L: ~_' b :G!A'I ti\~,\t:;~ r,:'tit~:.\"'," F E3. 20. )(:06 Hoc),1 [ASIEnN GPS 3^lT < '\0_ 'ilj 1.; '\D. 816 Gr:f~T!'Flc:t.:n== O~ S~:R\PC'E 'j v,", I . :Cil"~i.r::""-I j-1 F~~r~'~ :=:::;"";1):<3" hCI':::1'-.., .....<O.;,',h,. (;~i:::!- on }/il,": J (l G2>V of ;:.-::-bru-qr.' ," "- ._- ". ._-~.-- ....,-.. f ~-<,~.,-,,,._,.J' ~ . .~__ '.1 ..- '-.f 2.003/;:1 trU8 2:1d COilG,~t c:)py C'fthe .?cr:~g:~.ir:9 co:-u:-:tsr:t \Hc,~ ~5Ned ~'f f1~t-::lgss. Unlted St?t-25 m;2:-,'H, p~1?90 Pf'2p;;d. "jP(:~i tb$ ~~C.:lV\,.I;Pt;: C::rrca i~. C:..~$.ii-2S 23'i7l\i:,~y?,8Jd AV::H.1Je E2.i!1:-itGre~ i'.:10 212i3 T~:;.:.~~Cm- K... \:~r~:rc.71;o:;~r. ,,:,:;0::; l-r.~denc.( r-.:02cJ P.O. 3,['x '12;;0 E~;;cc{i Crtl. ~;E) 21 C43 KCccWill: US-A Er:;s~ LL.C. -J:~t.O VV~n CG\'G 88~1'I;eh!_~m1 PA 18017 !=:::s:ei.'1' t-.fi1sdC-:;f( Tr2DS7.:'Q;-t &. iJV~r,~hcuG!i/g Inc. . 85\)'1 rJE.german S~E;et Phibc'c:;f::-hi.s. PA ,9135 _ -Il~~~=.~ ~ IU{ ,.----=j'.,.,-,"-- 1-' "'w'd \. ~~'_:'~l'I~:1 ,_ .~,_..... --/ 14 r, I ~.' : "} P.13 ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, r.c. BY: Theodore M. Schaer, Esquire Attorney LD. # 49580 1515 Market Street. Suite 1200 Attorney for Defendants Philadelphia, Pennsylvania 19102 215-569-2800 BRENDA J. LANDIS vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLV ANIA CARROLL A. QUARLES, THEODORE R. WEDDINGTON. ROAD LINK USA EAST, LLe., and EASTERN AMERICAN TRANSPORT & WAREHOUSING USA, INC. No. 05-3921 CERTIFICATE OF SERVICE I, Theodore M. Schaer, Esquire. hereby certify that a true and corrcct copy of thc foregoing Defendants' Motion to Determine Preliminary Objections with all supporting exhibits and other documents was served upon Counsel of record this date via first class mail, postage prepaid at the following address( es): Jonathan H. Rudd. Esquire McNees Wallace & Nurick. L.L.C. ] 00 Pine Street P.O. Box 1166 Harrisburg. P A 17108 ZARWIN, BAUM, DeVITO, KAPL- SCHAER & TODDY~..G;-'- ~- ------.--~ BY: \ ~ THEODORE /::::::=> DATE: /)~2 ;0& ("" '=. "., n c~" ,---., (~ ",1 ::;:i f;C7:;] -;1 r-; ~",:J f-....) CD CD ~! :::1 -< o r'.J .... ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.c. BY: Theodore M. Schaer, Esquire Identification No.: 49580 Attorney for Defendants 1515 Market Street, Suite 1200 Philadelphia, Pennsylvania 19102 2 1 5-569-2800 BRENDA J. LANDIS COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. CIVIL ACTION CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLINK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants DOCKET NO.: 05-3921 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONTARY: Kindly enter my appearance on behalf of the Defendants in the above captioned action. Defendants by their undersigned attorney, hereby requests a trial by a jury of twelve members. ZARWIN, BAUM, DeVIT LAN, SCHAER & T , P.C; ~/ BY;------------ THEODORE M. --,; I.,,,':': c. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------------------------------------------------------------------------.------------------------------- BRENDA J. LANDIS Piaintiff v. CARROLLA.QUARLES,THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants No. 05-3921, Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who will argue cases: a. for plaintiff: Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street, P.O. box 1166 Harrisburg, PA 17108.1166 b. for defendant: Theodore M. Schaer, Esquire Zarwin, Saum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102.1981 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 29, 2006 d:=t 'r'-~~ I S' nature :. Jonathan H. Rudd Dated: March 7, 2006 Attorney for Plaintiff BRENDA J. LANDIS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CARROLLA. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., AND EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC., DEFENDANTS : 05-3921 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDANTS TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY, J. AND GUIDO. J. ORDER OF COURT of defendants to plaintiffs complaint, IS DISMISSED. By the Court,_ AND NOW, this 2'1 day of March, 2006, the preliminary objection Jonathan H. Rudd, Esquire For Plaintiff Theodore M. Schaer, Esquire For Defendants 4f-L~1'H.:h<e j . 300~ /~ ~. :sal ( ) :'j' /. ~~; :21 r!J Oc ,> c ;}-iJ. r~1 ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. BY: Theodore M. Schaer, Esquire Identification No.: 49580 Attorney for Defendants 1515 Market Strcct, Suitc 1200 Philadelphia, Pennsylvania 1 91 02 2 15-569-2800 BRENDA J. LANDIS Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLINK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants DOCKET NO.: 05-392l JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER 1. Denied. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to truth of averments of this paragraph of Plaintiffs Complaint. Said averments are, therefore, denied, and strict proof is demanded at the time of trial. 2.-5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to truth of averments of this paragraph of Plaintiffs Complaint. Said averments are, therefore, denied, and strict proof is demanded at the time of trial. 8. Denied. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to truth of averments of this paragraph of Plaintiffs Complaint. Said averments are, therefore, denied, and strict proof is demanded at the time of trial. 9. Admitted. 10. Denied. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint. Said averments are, therefore, denied, and strict proof is demanded at the time of trial. 1 I. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to their truth. l2. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint. Said averments are, therefore, denied, and strict proof is demanded at the time of trial. 13.-29. Denied. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to truth of the averments of this paragraph of Plaintiffs Complaint. Said averments are, therefore, denied, and strict proof is demanded at the time of trial. 30.-31. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to their truth. 32. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 33. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 34. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 35. Denied. The averments contained in this paragraph of Plaintiff's Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 36. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 37. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 38. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 39. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 40. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 41. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 42. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 43. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 44. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 45. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 46. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 47. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 48. Denied. The averments contained in this paragraph of Plaintiffs Complaint are conclusions of law to which no response is required, and they are, therefore, deemed denied under the applicable Rules of Civil Procedure. 49. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 50. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 51. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 52. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 53. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 54. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 55. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 56. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiff's Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 57. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiff's Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 58. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiff's Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiff's Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 59. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiff's Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 60. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 61. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 62. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 63. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 64. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiff's Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 65. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 66. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 67. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth. By way of further answer, Answering Defendant specifically denies that Defendants were in any way negligent or that any conduct on the part of Answering Defendants caused or contributed to the occurrence of the accident described in Plaintiffs Complaint or to an injury, damage and/or lawsuit of Plaintiff, the existence of which are denied. 68. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to their truth. 69. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to their truth. 70. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiffs Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to their truth. 71. Denied. Answering Defendants deny the averments contained in this paragraph of Plaintiff's Complaint as conclusions of law to which no response is required under the Rules of Civil Procedure, and/or because after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to their truth. WHEREFORE, Answering Defendants demand judgment in their favor, and against all other parties, along with such other relief as this Honorable Court deems appropriate. NEW MATTER I. Answering Defendants aver that the incident referred to in Plaintiffs Complaint was caused by the negligence, carelessness and/or recklessness of Plaintiff in that she: (a) failed to have the motor vehicle which she was operating under proper control at all relevant times; (b) failed to maintain a proper look out; (c) operated her motor vehicle at an exceSSIve rate of speed under the circumstances; (d) failed to yield the right of way to the Answering Defendants who were then and there lawfully upon the highway; (e) operated her motor vehicle in violation of the Motor Vehicle Laws of the Commonwealth of Pennsylvania; (f) she was otherwise negligent, careless and/or reckless m the operation and/or maintenance of her motor vehicle; (g) she was otherwise negligent, careless and/or reckless in her actions and/or omissions. 2. Answering Defendants aver that Plaintiff was comparatively and/or contributorily negligent, and as a result of said negligence, any recovery by Plaintiff should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act at (42 Pa.C.S. 57102). 3. Answering Defendants further aver that Plaintiff, by her actions and conduct assumed the risk of all injuries and/or losses that she may have sustained because of the accident complained of in her Complaint, and as a result of said assumption of the risk, the Plaintiff is therefore barred from any recovery. 4. The claims of Plaintiff are subject to the proVISions of the Motor V chicle Financial Responsibility Law, 75 Pa.C.S. 5 170l et. seq., as amended. 5. Claims of Plaintiff are barred by the expiration of the applicable statute of limitations. 6. Answering Defendants believe and therefore aver that if Plaintiff sustained the injuries and damages as allege in the Plaintiffs Complaint, said injuries and/or damages were not the result of any act or failure to act on the part of Answering Defendants, all such allegations being expressly denied by the Answering Defendant and Plaintiffs action is therefore barred. 7. The accident which is the subject of this Complaint was caused by parties other than Answering Defendants and for whose action Answering Defendants cannot be held responsible. 8. The Plaintiffs injuries, if any, were caused by conditions over which Answering Defendants had no control and for which Answering Defendants cannot be held responsible. 9. Plaintiffs claims are barred by the Doctrines of Collateral Estoppel and Res Judiciata. 10. Answering Defendants incorporate herein by reference and plead as affirmative defenses, all of those defenses specified under Pennsylvania Rules of Civil Procedure 1030. II. Defendants interpleads any and all defenses of all statutes and regulations of the Commonwealth of Pennsylvania and the United States, including and not limited to the Federal Motor Safety Carrier Regulations. WHEREFORE, Answering Defendants demand judgment in their favor, and against all other parties, along with such other relief as this Honorable Court deems appropriate. ZARWIN, BAUM, DeVITO,J<,APtAN, SCHAER & TODDy,p..e:~ /,/ ,,/' BY:' THEODORE M. SCHAER, ESQ. Attorney for Defendants Date: < I (lclOC (/ C\\ ,,-' -- a..r .. Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3921 v. CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION OBJECTION TO SUBPOENA DIRECTED TO McNEES, WALLACE & NURICK, LLC AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon McNees Wallace & Nurick LLC as overbroad, and seeking information that is not relevant, nor likely to lead to discovery of admissible evidence. Defendants propose to serve a subpoena seeking reviews, evaluations and medical reports, etc. The requests for reviews, evaluations, and medical reports is overbroad and seeks information that is not relevant nor is it likely to lead to the discovery of admissible evidence. Plaintiff has only put her musculoskeletal condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit, as well as her reviews and evaluations. Respectfully Submitted: McN ES WALLACE & NURICK LLC Dated: June 1,2006 Jo athan H. Rudd I. . No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 ..--- .. CERTIFICATE OF SERVICE S.r- I, Jonathan H. Rudd, Esquire, hereby certify that on this l day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 o S' ~:... r-.) = = CT' L_ C.:: -'1.... ~ "\.-... .....-, -. \ N ~ <-1 :r:.." rn~1 -On", ::SlC~ .~,(l..) j~ :~~-\ ('.~O ;:SCn ~ -1:7 ~ -u ~ ;::" o 0"' . .. Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION OBJECTION TO SUBPOENA DIRECTED TO KINSLEY CONSTRUCTION AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon Kinsley Construction as overbroad, and seeking information that is not relevant, nor likely to lead to discovery of admissible evidence. Defendants propose to serve a subpoena seeking reviews, evaluations and medical reports, etc. The requests for reviews, evaluations, and medical reports is overbroad and seeks information that is not relevant nor is it likely to lead to the discovery of admissible evidence. Plaintiff has only put her musculoskeletal condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit, as well as her reviews and evaluations. Respectfully Submitted: McNEES WALLACE & NURICK LLC ~ nathan H. Rudd .D. No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1, 2006 - CERTIFICATE OF SERVICE ~ I, Jonathan H. Rudd, Esquire, hereby certify that on this L day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 cf~~ . Jo athan H. Rudd o C ...:~ ,...., = = cr' (I:.'. f <.- c: .,...,.,,. ,.,.",.,-- . , .~~j .-'- ..- , N ~ ~ :r:,,4'} \I?: -nfl'1 ...."'0 -" \ c~~ ~ ::< -0 =.t: .r:- .' o 0'"> .. Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION OBJECTION TO SUBPOENA DIRECTED TO INDEPENDENCE BLUE CROSS AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon Independence Blue Cross as overbroad, and seeking information that is not relevant, nor likely to lead to discovery of admissible evidence. The proposed subpoena to Independence Blue Cross seeks any and all Blue Cross/Blue Shield records related to Plaintiff. Plaintiff has only put her musculoskeletal condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit. Accordingly, Plaintiff objects to the overbroad nature of this subpoena, and would only agree to a subpoena limited to records related to her musculoskeletal condition or treatment. Respectfully Submitted: McNEES WALLACE & NURICK LLC ~ J I . No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1, 2006 CERTIFICATE OF SERVICE ( >1---- I, Jonathan H. Rudd, Esquire, hereby certify that on this _ day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 ~N < Jo than H. Rudd o (~:; r-.3 = = t.T' (- c::; I N o ..,., ::? -,-0 flr== -nrn .~3~', -1..... -t-\ a() 0,'1 -I JE ~ -v :::t: .r;- ., C) 0"\ 4 - -- Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING,INC. Defendants : CIVIL ACTION OBJECTION TO SUBPOENA DIRECTED TO ERIE INSURANCE GROUP AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon Erie Insurance Group as overbroad, and seeking information that is not relevant, nor likely to lead to the discovery of admissible evidence. The proposed subpoena to Erie Insurance Group seeks any and all records related to Plaintiff. Plaintiff has only put her musculoskeletal condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit. Accordingly, Plaintiff objects to the overbroad nature of this subpoena, and would only agree to a subpoena limited to records related to her musculoskeletal condition or treatment. Respectfully Submitted: McNEES WALLACE & NURICK LLC nathan H. Rudd .0. No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1, 2006 .. . '.-. CERTIFICATE OF SERVICE ISI.-- I, Jonathan H. Rudd, Esquire. hereby certify that on this -+-- day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 ~ Y-A.J.4 . Jon han H. Rudd o s~ r-.:> = C:::') d'" (_. c: -...",. ...,',;:- ::'~:J\ --<, ,..~ I N -0 ~." _..J'.-;... ~ .:::\ :L-n r \1 p:: :g,el ,':jIC) - I _~, L --1'<' )f') .::.. 01 ::2\ ~T;:\" "JJ :...:::. x;:- o a-' ... Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION OBJECTION TO SUBPOENA DIRECTED TO WHITE ROSE FAMILY PRACTICE AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon White Rose Family Practice as overbroad, and seeking information that is not relevant, nor likely to lead to discovery of admissible evidence. The proposed subpoena to White Rose Family Practice seeks any and all records related to Plaintiff. Plaintiff has only put her musculoskeletal condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit. Accordingly, Plaintiff objects to the overbroad nature of this subpoena, and would only agree to a subpoena limited to records related to her musculoskeletal condition or treatment. Respectfully Submitted: McNEES WALLACE & NURICK LLC J athan H. Rudd . No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1, 2006 .. CERTIFICATE OF SERVICE 'I~ I, Jonathan H. Rudd, Esquire, hereby certify that on this L day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 d~V-M J athan H. Rudd 0 1'-.) 0 = C~ = II -:-='"' .:;::r. ,- <- :r c: flt:!J I I -om ~~JO N ::~h ,:1 -f:, -0 C) -1-1 :.r: "/ C') .r:- C.)m );~ 0 :rJ en -< 06-2484L CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: BRENDA J. LANDIS . VS. CARROLL A. QUARLES, ET AL Court of Common Pleas Cumberland County No. 05-3921 As a prerequisite '0 service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of REGINA M. VOGELSONG, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 6/6/2006 ~GE~~l) Counsel for Defendant ...... CCLR . . . . Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-11 n fax (215)732-5637 Online Services www.cclrinc.com BRENDA J. LANDIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CARROLL A. QUARLES, ET AL No. 05-3921 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JONATHAN H. RUDD, ESQUIRE MCNEES, WALLACE & NURICK, LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108 Please take notice there has been a request by REGINA M. VOGELSONG, ESQUIRE, counsel for the flefendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to BRENDA JANE LANDIS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: June 6, 2006 Enclosures: Copy (copies) of Subpoena(s) Counsel Return Page ... CCLR . . . . Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRENDA J. LANDIS CCLR File NO. 06-2484L vs. CARROLL A. QUARLES, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 5/16/2006 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1 ) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would Iik€ copies of X-Rays sent to me. yes / no (3) OBJECTIONS yes / no I understand that I may object to the Notice of Records Reproduction Request as Follows, and agree that my failure to do so on this Counsel Return Page shall serve as an agreement that the records reproduction service should proceed with the records collection process. (a) I object to the records reproduction service obtaining the yes / no records without a formal deposition. (b) I object to the records custodian mailing the original documents yes / no to the reproduction service. (c) I object to the records reproduction service taking the records yes / no out of the custody of the Records Custodian. (4) I would like to Iqok at the records at a Center City location before yes / no deciding whether to order a copy. Date: Attorney for plaintiff(s) / defendant(s) JONATHAN H. RUDD, ESQUIRE MCNEES, WALLACE & NURICK, LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108 C(I>MlNWE/\LTH OF prnNSYLVANIA aJUNl'Y OF aJMIillUAND BRENDA J. LANDIS VS Fi Ie No. 05-3921 CARROLL A. QUARELS, ET AL '. SWPOENA TO PROCll.K:E [)()()..tENTS OR lli I tlGS FOR D I OC1:NERY ~SUAtlT TO RULE 4009.22 TO: DR. BARBARA CHRISTENSEN (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY & ALL MEDICAL RECORDS, FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVLAUATIONS, ETC., PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of caTPliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sougt>t. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order caTPe 11 ing you to caTP ly with it. llilS SUBPOENA WAS ISSUED AT THE REQUEST Of 1HE FOLLONING PERSON: ~: REGINA VOGELSONG, ESQUIRE ADDRESS: eCLR, Inc. TELEPl-PtlE: SlJ'REl'E ~T ATTORNEY FOR: 920 BY 1HE COURT: Prothonotary/Clerk, civi I Division DATE: seal of the OJurt Deputy (Eff. 7/91) ~TH OF pmNSYLVANIA COONl'Y OF QJMBffiU\ND BRENDA J. LANDIS VS File No. 05-3921 CARROLL A. QUARELS, ET AL SUBPOENA TO PROO.X:E OOCU'ENTS OR TH I NGS FOR D I so::NEffi PURSUANT TO RULE 4009.22 TO: ERIE INSURANCE GROUP (N<rre of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY & ALL RECORD, REPORTS, MEMOS, DOCUMENTS, ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING POLICY # Q09-3003177 H. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of c::arc>liance, to the party making this req<.lest at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sougnt. 1 f you fai 1 to produce the docunents or things req<.lired by this subpoena wi thin twenty (20) days after its service, the party serving this subpoena may seek a court order carpe l1ing you to <:a'r() ly with it. 920 TELEPHONE: SUPREt-E ~T ATTORNEY FOR: BY THE ~T: Prothonotary/Clerk. Civil Division DATE: Seal of the Court DepUty (Eff. 7/97) ~TH OF PalNSYLVANIA CDUNrY OF alMBffiU\ND BRENDA J. LANDIS VS File No. 05-3921 CARROLL A. QUARELS, ET AL SUBPOENA TO PR<lClU'::E [)()ClM3{fS OR 11-11 NGS FOR 0 I sa:>vERY POOSUANT TO RUlE 4009.22 TO: HARCOURT CHIROPRACTIC/DR. HARCOURT (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY & ALL MEDICAL RECORDS, FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVLAUATIONS, ETC., PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the docunents or produce things requested by- this subpoena, together with the certificate of <::aTllliance, to the party making this req<.lest at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sougr.t. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court O!"'der <::aTlle 1 ling you to <::aTllly with it. 11-I1S SUBPOENA WAS ISSUED AT 1l-lE RE~ST Of WE FOLLONING PERSON: ~: REGINA VOGELSONG, ESQUIRE ADDRESS: CCLR, Inc. TELEPH:lNE: ~REI'E <XUrr 10 ~ ATTORNEY FOR: D 920 BY 1l-IE ~T: Prothonotary/Clerk, civi I Division DATE: Seal of the Court Deputy (Eff. ,/97) (XM1JNWEALTH OF PENNSYLVANIA OJUNI'Y OF aJMBrnIAND BRENDA J. LANDIS VS Fi Ie No. 05-3921 CARROLL A. QUARELS, ET AL SUBPOENA TO PROCIlK:E DCICltENTS OR TH I NGS _ ___ FOR 0 I s<x>vERY ~SUANT TO RULE 4009.22 TO: HERD CHIROPRACTIC CLINIC (N<me of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY & ALL MEDICAL RECORDS, FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVLAUATIONS, ETC., PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may del iver or mai I legible oopies of the docunents or produce things requested by this subpoena, together with the certificate of <X:Ol>liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the oopies or producing the things sougl-tt. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court O!'der c:arpelling you to c:arply with it. THIS SUBPOENA WAS ISSUED AT THE REQI..XOST OF THE FOUJJH1NG PERSON: ~: REGINA VOGELSONG, ESQUIRE ADDRESS: CCLR, Inc. TELEPHONE : SlJ'REt-E cx:ou ATTORNEY FOR: 920 BY THE OOJRT: Prothonotary/Clerk, Civi I Division DATE: Seal of the Oourt Deputy (Eff. 7/97) <XJIoM)NWE2\LTH OF pE1IDSYLVANIA COUNl'Y' OF CUMBJ'1llAND BRENDA J. LANDIS VS Fi Ie No. 05-3921 CARROLL A. QUARELS, ET AL '. SUBPOENA TO PROOlX:E [)()Cl.H:NTS OR Tl-l1 NGS FOR 0 I srovERY I'rnSUAHT TO RUlE 4009.22 TO: INDEPENDENCE BLUE CROSS (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to prodJce the following docunents or things: ANY & ALL BLUE CROSS BLUE SHEILD RECORDS, INCLUDING BUT NOT LIMITED TO EXPLANATION OF BENEFITS, REPORTS, M~MU~, DOCUMENTS, ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING ID# YWP80051721900. CENTER CITY LEGAL REPRODUCTIONS, INC. at (AddresS) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of call>liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sougPt. I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order call>e l1ing you to call> ly with it. 920 TELEPHONE : SU'REr-E CXJtm' ATTORNEY FOR: BY 1HE ccun: Prothonotary/Clerk. civi I Division DATE: Sea I of the O::xJrt Deputy (Eff. 7/97) <XMDNWFALTH OF palNSYLVANIA COON1'Y OF CUMBEml\ND BRENDA J. LANDIS VS Fi Ie No. 05-3921 CARROLL A. QUARELS, ET AL SUBPOENA TO PR<lOlX:E ()()Cl.t<ENTS OR ni I NGS FOR 0 I SCOVERY PrnSUANT TO RULE 4009.22 TO: KINSLEY CONSTRUCTION (N<me of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo llowing docunents or things: ANY & ALL EMPLOYMENT I PERSONNEL RECORDS, INCLUDING WORKERS COMP CLAIMS, DATES OF ATTENDANCE, APPLICATIONS, REVIEWS, EVALUATIONS, EARNINGS, MEDICAL REPORTS, ETC., PERTAINING TO BRENDA JANE LANDIS. CENTER CITY LEGAL REPRODUCTIONS, INC. at (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of ~liance. to the party making this req<.lest at the address 1 isted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court O!"der ocxrpelling you to ~ly with it. nilS SUBPOENA WAS ISSUED AT THE REQt.EST OF THE FOLLOHltIG PERSON: ~: REGINA VOGELSONG, ESQUIRE ADDRESS: CCLR. Inc. TELEPHONE: SU'REfoE <X:UlT ATTORNEY FOR: 920 BY THE <X:UlT: Prothonotary/Clerk, Civi 1 Division DATE: Sea 1 of the Court Deputy (Eff. 1'/97) . , COMM)NWEI\LTH OF PE2lNSYLVANIA <XlUNl'Y OF aJMBrnLI\ND BRENDA J. LANDIS VS File No. 05-3921 CARROLL A. QUARELS, ET AL SUBPOENA TO PR<:'()CXE IXlCU'ENTS OR ll-ll NGS FOR 01 flXNERY ~SUANT TO RULE 4009.22 TO: LORETTA K. SCHMIDGALL, MD (N<me of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the oaurt to produce the following docunents or things: ANY & ALL MEDICAL RECORDS, FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVLAUATIONS, ETC., PERTAINING TO BRENDA JANE LANDIS. CENTER CITY LEGAL REPRODUCTIONS, .INC. at (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carp liance, to the party making this rElQtJest at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sougl-lt. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a O)Urt order carpelling you to carply with it. ll-lIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOHtNG PERSON: ~: REGINA VOGELSONG, ESQUIRE ADDRESS: CCLR. Inc. TELEPH:lNE : StPREt'E <:n.Rr ATTORNEY FOR: 920 BY THE a::un: Prothonotary/Clerk. Civil Division DATE: Seal of the Oourt Deputy (Eff. 7'/97) ~TH OF PENNSYLVANIA muNl"i OF aJMBrnIl\ND BRENDA J. LANDIS VS Fi Ie No. 05-3921 CARROLL A. QUARELS, ET AL SUBPOENA TO PROI:llX:E DOCl.t1ENTS OR ni I NGS FOR 0 I SOOVERY PrnSUANT TO RULE 4009.22 TO: MCNEES, WALLACE, NURICK, LLC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to "'""""'. th f 11 . docunent th. ANY & ALL EMPLOYMENT/PERSONNEL RECORDS, ,.,. ~ce e 0 OWlng S or lngs. INCLUING WORKERS COMP CLAIMS, DATES OF ATTENDANCE, APPLICATIONS, REVIEWS, EVALUATIONS, EARNINGS, MEDICAL REPORTS, ETC., PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carc>liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sougPt. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order OCITlle 1 ling you to care> ly with it. nilS SUBPOENA WAS ISSUED AT 1liE REQUEST OF 1liE FOLLOiIING PERSON: ~: REGINA VOGELSONG, ESQUIRE MlORESS: CCLR. Inc. TELEPHONE: SU'RE/'E o.::urr ATTORNEY FOR: 920 BY 1l-IE OOJRT: Prothonotary/Clerk, Civi 1 Division ClATE: Seal of the Court Deputy (Eff. 7/97) o::MDNWEI\LTEI OF PmNSYLVANIA <XXJNTY OF CUMBF1UAND BRENDA J. LANDIS VS File No. 05-3921 CARROLL A. QUARELS, ET AL '. SUBPOENA TO PROOUCE ooc::uarrS OR 11-11 NGS FOR 0 I sa:>vERY PWSUANT TO RULE 4009.22 TO: THOMAS PHEASANT, MD .- .- (Nane of Person or Entity) . Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY & ALL MEDICAL RECORDS, FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVLAUATIONS, ETC., PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, .INC. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoeOa, together with the certificate of ~1iance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sousnt. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court o,..der ~eI1ing you to ~ly with it. 11-IIS SUBPOENA WAS ISSUED AT l1-lE REOOEST OF 1l-IE FOLL~ING PERSON: ~: REGINA VOGELSONG, ESQUIRE ADDRESS: CCLR, Inc. TELEPHONE : SlJ'REl'E ~T ATTORNEY FOR: 920 BY 1l-lE ~T: Prothonotary/Clerk, civil Division DATE: Seal of the Oourt Deputy (Eff. 7/97) <XMUNWEI\LTH OF PmNSY!.VANIA <XlUNI'Y OF aJMBmLAND BRENDA J. LANDIS VS File No. 05-3921 CARROLL A. QUARELS, ET AL SUBPOENA TO PRODU:E ooa..tENTS OR TH I NGS FOR D I S(X)VERY IUlSUANT TO RULE 4009.22 TO: WHITE ROSE FAMILY PRACTICE (Hare of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY & ALL MEDICAL RECORDS, FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, EVLAUATIONS, ETC., PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may de liver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of c:arpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sougl>t. If you fail to produce the docunents or things required by this sWpoena within twenty (20) days after its service, the party serving this subpoena may seek a <x>urt o,...der c:arpelling you to cat'(lly with it. THIS SUBPOENA WAS ISSUED AT THE REQl..EST OF THE FOLLCW1NG PERSON: ~: REGINA VOGELSONG, ESQUIRE ADDRESS: COLR, Inc. TELEPHONE: SUPREI'E ~ ATTORNEY FOR: 920 BY THE COlJlT: Prothonotary/Clerk, Civi I Division DATE: Seal of the ();)urt Deputy (Eft. 7/97) ("J , " " "', c.::::; C;,:;' ,:;';:t', o -n '- C":- :I! '"'1-r1 11 F ':' CJ I \.D t.c/ -0 ::r:. -\z':~ ~-=~h I '-.,..,. 'J) -< 1'0 1..0 ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. BY: Theodore M. Schaer, Esquire Identification No.: 49580 Attorney for Defendants 1515 Market Street, Suite 1200 Philadelphia, Pennsylvania 19102 215-569-2800 BRENDA J. LANDIS Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. CIVIL ACTION CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLINK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC, Defendants DOCKET NO.: 05-3921 JURY TRIAL DEMANDED MOTION OF DEFENDANTS TO STRIKE PLAINTIFF'S OBJECTIONS TO SUBPOENAS Defendants, Carroll A. Quarles, Theodore R. Weddington, Roadlink USA East, LLC and Eastern American Transport Warehousing, Inc., by and through their counsel, Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, P.C., herein move this Honorable Court for an Order in the form attached hereto striking Plaintiffs Objections to Subpoenas, and in support thereof aver as follows: 1. On or about February 16, 2006, Plaintiff Brenda Landis filed a Civil Action Complaint as a result of a motor vehicle accident on August 11, 2003. A true and correct copy ofPlaintif:fs Complaint is attached hereto, made part hereof, and marked as Exhibit "A". 2. Plaintiff alleges serious and permanent personal injuries due to the motor vehicle accident, specifically injuries to her legs, back, neck, wrist, left eye, low back, numbness, tingling and burning sensations of the left leg, loss of mobility and/or movement throughout her lower back and neck region. See Paragraphs 50 and 51 of Plaintiff s Complaint - Exhibit "A". 3. Moreover, Plaintiff alleges that as a result of the subject motor vehicle accident, she "has missed time at work and will continue to miss time at work". See Exhibit "A" 1 60. 4, Moreover, Plaintiff alleges that as a result of the subject motor vehicle accident, she has been compelled to expend various sums of money for medical attention, medication and supplies and will continue to expend sums of money for the same purpose in the future. See Exhibit "A" 159. 5. Defendants issued certain Interrogatories and Request for Production of Documents addressed to Plaintiff. In her responses, Plaintiff identifies her present employers as McNees Wallace & Nurick (from 1996 to the present) and Kinsley Construction (from 2003 to the present). See Exhibit "B" - Plaintiffs Answers to Interrogatories - #15(d) and 44(b). 6. Plaintiff has identified the name of her automobile insurance carrier as Erie Insurance. Specifically, "Plaintiffs automobile insurer has been paying the medical expenses....." and "Plaintiff has made claim for medical benefits. She is not sure how much Erie has paid for medical benefits." See Exhibit "B", Answers to Interrogatories #17. 7. In addition, Plaintiff identified White Rose Family Practice as a practitioner by whom she has been treated and/or examined. See Exhibit "B", Answers to Interrogatories 35(c) and (d). 8. Plaintiff has identified Blue Cross and Blue Shield (ID# YWP8005l72l900) as her health and accident insurance company covering any injuries named. Exhibit "B" - Answers to Interrogatories #50. 9. Pursuant to Pennsylvania Rules of Civil Procedure Rule 4009.21, Defendants issued Notice of Intent to Serve Subpoenas upon the aforementioned providers and/or employers and/or insurance carriers: McNees, Wallace & Nurick; Kinsley Construction; White Rose Family Practice; Erie Insurance; and Independence Blue Cross. See Notices of Intent to Serve Subpoenas attached hereto, made part hereof and collectively marked as Exhibit "C". 10. On or about June 1,2006, Plaintiff filed formal objections to these Subpoenas as overbroad and seeking information which is not relevant or likely to lead to discovery of admissible evidence. See Exhibit "D". 11. Defendants believe and therefore aver that all of the above named providers, insurance carriers and/or employers possess relevant information which is not only admissible but necessary to determine the validity of the allegations made by Plaintiff as a result of the subject accident, including but not limited to work performance; time lost; sick pay and/or vacation pay utilized; medical treatment; exhaustion of benefits; payment of medical bills; and any medical bills in excess of medical benefits. 12. Defendants will be severely prejudiced without this information as they intend to utilize at the trial ofthis matter any and all documentation obtained in accordance with the properly served Subpoenas. 13. Defendants will be severely prejudiced without this information as to the extent of Plaintiffs alleged injuries, as well as the expected duration of any recovery. 14. Defendants will be severely prejudiced without the documents sought as that they cannot adequately prepare for trial. WHEREFORE, Defendants respectfully request this Honorable Court to enter an Order in the form attached hereto striking Plaintiffs Objections to Defendants' Subpoenas. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. By:~d101 )'11 ,~ THEODORE M. SCHAER, ESQUIRE ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.e. BY: Theodore M. Schaer, Esquire Identification No.: 49580 Attorney for Defendants 1515 Market Street, Suite 1200 Philadelphia, Pennsylvania 19102 215-569-2800 BRENDA J. LANDIS Plaintiff COURT OF CONrnJONPLEAS CUMBERLAND COUNTY vs. CIVIL ACTION CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLINK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants DOCKET NO.: 05-3921 JURY TRIAL DEMANDED MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S OBJECTIONS TO SUBPOENAS Defendants incorporate by reference their Motion to Strike Plaintiffs Objections to Subpoenas, as though the same were more fully set forth at length herein. Under the Rules of Civil Procedure, no discovery...shall be permitted which would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party. The mere existence of some annoyance, embarrassment, or oppression, or the mere imposition of some expense is not a ground to forbid discovery, In the province of discovery, case law has recognized an individual's interest in avoiding disclosure of personal matters that are within a constitutionally protected sphere of privacy. In the instant action arising out of an automobile accident, however, the defendants served subpoenas on various non-parties who had provided health care services and/or insurance coverage to the plaintiff or had custody of the plaintiffs employment records. The records sought possess relevant information which is not only admissible but necessary to determine the validity ofthe allegations made by Plaintiff as a result ofthe subject accident, including but not limited to work performance; time lost; sick pay and/or vacation pay utilized; medical treatment; exhaustion of benefits; payment of medical bills; and any medical bills in excess of medical benefits. WHEREFORE, Defendants respectfully request that this Honorable Court enter an Order in the form attached hereto striking Plaintiffs objections to the Subpoenas issued to Erie Insurance; Independence Blue Cross; White Rose Family Practice; Kinsley Construction; and McNees Wallace & Nurick. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. BY: rt THEODORE M. SCHAER, ESQUIRE DATED:~ EXHIBIT" A" reo 21 06 10:50a Cind~ Weakle~ F E ~. 2 C. 2 D :J 6 ~ 0 : 5 9 .~.~j~ E A S T [ R ;\~I A,V E R 1 C A fEB. 70,2006 3: 53Nil E?STE Ri': GPS 8p,l: 8RENDi\ J. UJ,.NDlS P)~intiff . 817 577 4690 ~~ O. 9 0 1 3 I~V. 0 J U I. 'j : !N THE COURT OF COMMON PLEAS : CUI,/iBERL(}.ND COUNTY, PENNSYLVANIA v. : NO. 06-3921 CP,RROLL P-.. QUARLES, THEODORE R.. iNEDDlNGTON, RO,<\DUNK USA Etel.STr tAL..C" and ~.STEFU\J .f.1IMERICAN TRANSPORT & WAREHOUSING; INC. Def'"ndsnts : Ci'/IL AC.TJON CO!\~E1Ar~Ji ~ ., ??,;;1ntiff 11.:: 8r<$lIclG;: J, Landis, Sh :J("]ult indiVduallJ\ 110 resides Sit 20 Buming Tres C:~U'l"t, Yo.:: Cou!GI'Y, "':"Oi1:. J:'.;ii1i:syiv;;1flla -;7404. '" '" r:, ....- . ". -- (" ~ nr" l h\' . It' '-'d I .;' :_'~::::::::'<::~'" '....~ilUlI ,"'\, \..iUanes ner~)>lilz;,Ler '..!UGr,~s ... IS an <:lOU 11101Vi UB 212"13.. w~th 0 orL"C:O&1 nlece of residence at 2817 r,,1r-:;meld AvenuG, B2.lti~re, Mai}llal1d ' .. 3. Daf'311c.fcint, Th.;>odore R. Wc;ddingt(;,o (he'f6inafter"'lNedcHngtofJ"). is an f2cJ1.i!~ HO\'i;;:rd County, EHfCD'tt CIty, MCii"ylzi';C; 2 '1043_ individuah'!'ith a p:i~crpa! place cfresidence at 8505 ,=mde(cic Road', P.O. Box 1336, !;.. Defend3;;t, RoaclJirj!-{ USA !;;ast, U_C (herc;i:,~,'ter I R02diink"). is .9 Dl"i!~wafe !\1':)rthh~mptolj COU:Oiy, B.;:fr'deii€m, Pehnsylvania iSOI7. l!!'i)i~ed EabITiry compeny I.~'ith a P€lnnsyivania plac.e of busiilZ:c:::a at 1240 Vv!n Drive, .:::: ........ ...... - . . -, ~ . ~ , 0 l' .. 1 (' ... LoC'ic::t;!;,<:1nr, t:8S:.';;:m i',i1~enca;l I r2ngporc ~\ ~t,l2.rs.'r;r-'lJ~.ng. Inc, n0re!nanei "E~.stem AmeriG<:ln TIT'rtspcrt") is 8 ccrpcr::atior. 'Ni}!ch /i';8ri7tr.ins a place of busin.ess at gs::n Hegermall .strel;'~, Phii'adOlphia Cocsnfy, F'h!r2de-lphis. P&nnsYlvenia19136. 1 p, 10 p 5/19 reo cl U6 10:51a Cind:;j Weakle:;j F:8. 10. 20:]6 ~O:59AV E,~STER~ AVERlcA 817 577 4680 ~O. 9013 P. c/H p. 1 1 r:g,20.20053:53AM tA~ltun ur~ ~hLI "..... V I V 6, ThiS action arises out af the. coWsit.>l'I bew.ra6Tl a ~rac!:or-t-airer and passenger , 1 ~ ...."0'" , . ,. . - 1'-"" f\ ~.' ",,_ri S'O';, (. t.. "u'"' \..~t...:,....)~'), .t').n-=': nCCn'rj"'1C;'-I' 0/") A\uor ;t..~! $ rt I ~.. D:e::t':.~'et:n \~....jv ;...~. hti. at Ie...! . \J r'\.~V~.. 1 r '~'i ,.~'- !. .;..;.... _ _t Y', ~ r' ~-........ .,. _~ .. r"f''''f''''l~,f~. [>,,'q "'I"-~r ;.t..,~, bqrder O' et.:,{een York CCic.mtv and C~mbeda.nd COLHity, ltJ'...."""',,;,I........"'. '~1.1__ ...J~.... .... . " .. P ,.;.. -'I. r i',.,,"_,.,j ',-., "'~ '."''>0 ,,~. '-"':da,,,!(") , tei1nsy~van~a tfler~;na~r.e re~~,~ ~ ~"U <...., tIJ,.o. ~ ~__ .'"'\~..... VI' ~ 7, At the 'lime oftne Accident, PJaintiifwas the ovvnar end opel'~tor of a 1999 Chrysler SGibling Convertible. PeMsyr.....ania J'egistr'tiltloil ni.'mber PZT7a8B (hsreinefter the "Car"), B, Ai 'the Urns ~nd pt:S!ce of the Ai;cio!?ni:, Piaintiff W;::s operating the Car in a nOl40fhertj direction on interstate 83. 9. Ai t'1e time and pla:;s of!he Acc.ident, Def:m1arr:: Qu~rles was oper.stlng a 20.00 Jiltemstk:nal Tractor. M~!)'land r'~9istra;tion number 4S3F55. puliing at1 enclosed tralier.(h$re/nafterthe .T!'Zlctor~T~l!cr"), @Iso in OJ no;1hsrly direction on Intemwre 83. '10, lmmedl8tely plior i-n the stlbject A:::cfd~f'it, Pi::ltl";tf l' was open<ltin~the Car in the left nEI:d lene and /'l",q j{Jst passed Exh;s 398 (1rr:erstatG 75/Pel1i1sylvaliia Tumpike}' 2r;c 40J~~ (Lfi7if;;':Jrn Ru:.:d).. i i - l::1mecHsIely prior tD the GubJect Accident., Plainti'J \"/'as operating the Car 2! tire re\flFui rate e:f speGd. 12~ ,. D" 'N~"" "'!;; "f I"" ~ -. . . f'\ J ,. . ....\S !' !z!m.;'.' ...<:lZ3Cu ,..:~n ""Uk, I..!(:;':encam ...." ~ai1e.s ilt:iS C?pera\lr.g tile TlQcior- ha.:lcl siOG;. TraIJe.i In th,'l rIght hsnd la.ne of inte;st81e .33, ~r;d beg~n to p;;;ss the Car on Its rfGht ... ,... , ... t-etl C'l Uti 10:52a ~~: ?0.2006 10: 59ft.\l E;~.3T[R;'J ,~VERICA Cind:;j Weakle:;j 817 577 4890 NO, 9013 FEB. 20 2006 8:53AM EASTERI'; Gr~ :Jt'\~ i I1V. U IV 13. The Accldefit started when Defen:jarri Quaf:$~s el1emp!ecl to ci1ange from the right hand to left ner:d lane when the rear or the TGl,:;tc<r pc,rHOil of the Trector-TrafJer v.res adjacent af'lo ne-xt to tne em" driven by nainftff in The b'ft hand lane. 14. Prlm'to ~tltempting to change Isne~~. DorendElnt Clu~ries fai!~d to LlS$ hIs turn sIgnals to indicate that he intended to Chailg~~ ~snes. 15. As Oefendant q~srles ::iltempted to move the Trc:lctor- Trager frem the right hand to t':e ieft he:n d !~nc. -:::l~ rear portion cf thC' tr.:J~:~'Or an lVor front portion of the trellier Violently $~n1Ck the riGht h~nd side cf froe C~tr driven hy ?tafrrtrf!' {hereinafter tile "Initial :....:""I,...."':I_.;-~r) ~~: lIi~'C"4"'""1I. . 1 S. f\t {)f Immediately prior to the Initial Impact... Plaintiff ac4'.ivated the horrl of me Car W;/fi such ferce thm she sprained her \vnsis. 17. p,:"ter me Inif.a! Imp,SC't, Defendant Quarles j~mpof3!lily moved the Tractof- Tmfier inlck toward the right,. al1d ti1en irnmedlj:te!y m,)ysd i;.::d: !o'J'!ard the left and violently $tr;,.!~,f( {h.c Car a ~cGOnd ~ime (herein~n'?i the ~SeG'.':::lcllmpact~). 13. p'.t the t;m2 or the S,::t.;or;cJ impact. tr'll;' T ff:lctor~ Tran::r had moved fsrther chS<:id of ihe Gar. 8M the Sec~md impact toc-k pfC!ca t;et...vcr.:\!~ closer to the r::fdc;e of 1he 1qraiier and the rigl'l!-hand sics cfth~ Car. 19, At ail time.;: bew,reen 1ha Initia: Irn:;?~i: ~rHj -Sf~::;:onQ 'mp2ct, r.':.>lalntiff COnti'fltJed to appf}.' the ~1cm of ths Ger. 3 p. 12 p, 7 ; ~ (j It i I ~eb 21 08 10:52a Cind~ Weakle~ :~~. 20. 2:)')6 .iO:59,~:V! EASHRN Ji,VER!CA 817 577 4890 ~:O, 9013 r~8, 20, 2006 o'~4,C\~~1 ~ g ~ I r I\. i~ \.1f.,) U I~ I.. I 20. Alter the Second liilpe:ct, D",fendant QI.;<:1r!es tlnce again t€lmpor;aiil~1 pulled th8 Tr-actor-TraiJer to the :ight, 2nd t;ien sucld",inly pul:eri Pl3c:k to 1ne ~eft and vblGr.tly sr,.....ck ths C;;r fDr a third time (the ''ThIrd Imp,,"ci"). 2'1. ,.&,t t~6' time of the Third fmpact, file }"raci:or'-Traifer had contil1ued to move f.arcner a{1ead of fue Car, and {'he Thlid Impact took pli~re beiween the rear of the Trailer and the right-hand side of the Car. 22_ .At ail t!rr.es between m& Second lmp~C'1 ami Third impect. PIElirrtiff continued to apply tbe horn of ihe Car. .:'~ :.:::;;;-~,~ r;':IU ;:Ji}JdC;i, C'eieooant QU3iies tll1aily pi:lssed Piain-Uff's Car, Clod ccntirrtJsd to Opsiate tl"h;' TraC'ior- TraUer in a notiheriy dlrecticn on Int~rstc:~e 8.3 wit.'1cut any Irnmediate attempt to stop and 'pullover to the sid:z, e,f th(: rood. G "''w,tho Third Impac!, Plaintiif was eventuBly "'10 to bring the Car 10 . stop. 25. Bnsed upon eye vVI.tness sbriements: P!ajn1~'i belie'res end thet~"Ore aVl;liS th~t another tract.or-trC,liJer driver took scm~ actkm to In~'3;Yer.;~ ;r. crder:o P;"0V6ii~ " ~ , . -, , .. I . -'h -.. II '! ,--,e!e~cant f...,.tUanas rrom ,;aVJng! .9 S~i1e or t"!3 ..-.c~!(;~nt 25. De'i<md::W!t Quarles eventuarly brought fne Tractof-'T,rnifer to a stop and par!,ed the TractQr- Trailer Of! the right hand sld(~ of the road Hmost OM mile nOrth on fnier~E;t::te sa ~Tom ~"alner:c: t'ie ,A.cck!enl began. 27. Plaintiff was assisted at the ':C~i19 of ~i'le /-\cddonf ty witnesses who CiSli'fled to fl;;;;\fe observed the Acciden~ and Defend?!flt Quarles" app~reH1t attempt to lea.ve the scene Qfthe Accident. 4 p. 13 P. 2./ ~ 9 Feb 21 06 10:53a Cind~ Weakle~ EASHRil Ai'lH1CA 817 577 4690 ~O. 9:) 1 3 ,,:~, 20. 2006 1 G: 59AM FEB. 20. 2006 B:34A~ EASTERN GPS 3AL 1 ~!v. ~ 10 , ; ~ . 28. 5ased upon eye wimess S't3tern!;ints, Plabtiff bel~cves end therefore avert. th,-at D2f€rldant Quartes ;-Er;t:~ed to e:-dt the cab (y~ the;} Tracior-Trailer until the pOrtee " -./. ~ I ~... . L "" t'-- :\ " , alTfiled apprO.f..lrnal8 y t."lH1jl nIH1tjte!~~ a~~3f ne f\.cc:o~~nL /'':l. Frior to th~ p'~fiC'~ srriving. Defendant CluarlEls rr:ade no atternpt te: checl. Oil the {'.ond~jon of Piainj'ff. 3D. 8:;:sed upon lm'oli-nation received from the Pollee, Pfaintiffbelieves ~'1c:1 tijerefore avers that me 2000 Int~;matiorlal Ti'Bctor oiven iJ '/ Defendant QU3Jies at tfie tirn$ of th~ Acc;d8i1t Via:; o\!\!)1ed by DefentJ<;:nt VV0cic\iiigton. ~~ 2:;:::;:: :";~'::ll ~"..;tl;-.ii.- i.-Jk;liJ'i:l0DI i rec:eivec ;JY PlaJr:tiff, she believes und ~herefore avers that at tie time 01 'the Accide1!, DefGnc!arl! ~uarles was aGting as tile SBnlant, :ag8~, employee, on'J'GlS oth~N-iisB opera'(ing the .'rsC'~or~Trai!er under the control or en the hehalf of C-efenr:!8nts Weddington, i~o3dlin!c anclJor Eastern American Tl'2nspott. z:nd was then 8nd t"":ere opcrz1:ing ti'6 TractGr-T1'f~iier while acting lvi!hsll (he scope enD purpcsz en' his 2gcney, eervifude, ,:;mpfoyn-:~'nr. J."~:)ntlol, behalf <!:lila/or 6t!t.f-ror1zai~rm of Defefld2111ts V'%ddingtr:.n. .R(:~~dJ!!!k 2,"!d:'c:- E:'~~.:m r'\maiican TI~tlsport_ 32. . L'e;'end,mt QU2ries ONES n.;;gHgeii'f 1:'1"0 fS'G;lIe~,~ ir: 2itempting to change lanes woel"! the Jeff nand !an~ WZS 2lr88d'y c-ccupiec! by Plaintiffs C;ar. 33. Dsfendant QUE\f'1es ~3 neglig'sn7 End r2c!dE:ss iii repeAredi~ striking Plaintiff's Cor l',,;16n he l~M"'v o. sholJJd hsve knQ1.~ii thai: his T rc;cbr- T.aUer \t1la9 adjao?nt to ?lair.tiffs ve;"licie 2nd there WE;S no p'~:crbb v,:;}' ~r hh. to cl1c1ilge lanes v,~thcut crushing Plaintifi's Car. p. 1~ P. 9/19 r. Feb 21 08 10:53a Cind~ Weakle~ -:~. 20. 2006 ~ ~ :OOA:/ Ei~S~ER~ hMtR1CA 817 577 4890 h'O 9 "," 1\, G I ~ r~B. 20.2006 B: ')4'.\:11 tH~lt:\i\' IJr,) Of'll I z..t Defendant Quarles Wi'.lS negligent rima rockl,2'ss in fg;iling to proP2rly operate th.g Trac;tor.Trnll,s; in croer to carry out a p'ro;:~r 2:'10 sa::e ia:ia c;lange ansr' Pialntl'frs Car nad e~her already passed by the front of his Ti"aJ~or-T.;~Her. or in .u,~ allemc:tive. ;;,;nce th~ r~r ot Traotor- Trailer Wc;s beyond ll';e 1;"OfI': of PJElntln-s Car. 35. D$f~lid'a:)t Quar!es \'\:GiS negligent and recF:sess En falling to operate the Trnctor~ Trailer- at a saf~ rate of speed such ih3t he ~llJlcl make a proper and sale lane change. 36. Cet:':3ndenf Qu<::rleo VieS iif:9/igent i:md reckiess in fulling to properly util1ze his mirrors in or,.:et to obs.erve Plail1tiffs Car before attempfng t) maKe a lane. change 'from tits :ight hand t.) leu !1&nd Jan€<. -7 ". . DCJ.9nd<::nt Q;'J~rli?s was negligeflt and l"6c!dos;~ in 'lot recognizing after sfrlking the Plaintiff's C~f the first tlm~ that tha Tra;ctoi'- Trailer was sWI not OOjhJnd Pi3intiffs Cat' whsn he ctlemp~ed to re-enter t'lc left hand lans'the second Hme, which reSi.llteci in hIm stnhfng Plair'rr.rios Gsr a s-e~oild time. .5/), Def~nGant Quaries ,~s fl1r~her rlEgngent and rec1::;:ess in not recognizing c:iter striking the Flarotiffs C81' t11e. second time that:hG Tractor- Ti,~Her was still not beyond Plaintiffs Cai Vlh~'n h,~ attem::;tsd to ~8nter th~ ;eft .h;mcJ iar,iS tile third lime, ...,.hlch Rsu!ted in him ,strUang Pfb;ntfff'o Car for the t;'drd time. 39. Defendant QU;;lrles was negiigent ar::j rec.:k:l;iss in )'is repeated striking of P1Elintifi's C;;;r when he Jmew cr should have lJ1::wn t!i<:i2 pj;.i)fntiff's C",r was adjacent to hIs iractor.. TIG1:!,ar and thsr(,: was liD iOOi';") foi' his TraGt:lr.TrEis~ to move over into the 1eft hand !snr:;1 vvithout cr...!shing Pjaj'nt!ffs Ccf. o V p. 15 p, i 0/ 19 Feb 21 06 10:54a ~ :~, ~J(L 20G6 ~ ~ OOf~~V; Cind::l WeClkle~ E,ASTER\j ,^,~!::R;Ci\ 817 577 4690 NO. 9013 " f'. p.16 11/19 FEB. 20. 2D06 0' 54~\:,1 . .. III tA~. ~xrJ l1r~ {j,s\~ I ;:;.v. Delendan.t Quarles was li\?:-;lllg~nt End rEriDkleso In ;epeat0dly failing to heed the sounding of .Pf~lntlt7's hom oafere and betW6sti the frd!a! Impsc1 and Third Impact. 41. Defendant Queries was negilgent and rel~klalSs:n failing to immediately teke steps to pui1 th.~ Troctz;:f'J Treiler off 0:,,1'0 the right-hand shoulder after t'ne Initisl Impact,. lithIc.,:, t-vD!.11d have elrmil18ted the OCCurrenCEt ofths Sec'Ond '~H1CI Third Impacts. 42. DefGl1dant Quarl@s was negligent and r&cldess In failing to immediateiy tal(e steps to puBl the T rnc7:0r- Trailer off Dnto the light-hDI,rj ShC:':llder ofter the Second rmpact, which w'CU[d heve eliminated trl8 OCCl.me~~' of tr/e :Seco..,J and Th[rd Imp:lctc. 43. it '.'1as unraasol1ab!e for Del'endant QV8dE~S in h;we r€'r:'~pf""rlly;)tt?~;:,ted t: chsnge tanes when he knsv'j thst Plaintiffs (,':ar wes in the art hand laoe and 'l:hat there was no room for 'the Tractoj"~Tr2iiei lC then and ~hGm mov;; Into the left hand !ane without cnlshing Plaintiffs Car. ,,~L Dai'sr;c)ant Q,..) 21;-1 88 <:::sregsrtiec.i a iisl::: know!',: to him or en obviot.:s Tisl, tndt he W2S taV'!.3re of in attemptlng to U,en and t'1ere chang€~ from {he left hand to the fight !'12i:G! lane d,!":spit0 1he~ h:, !~f:e'k' P!;;;f:-;tiff's C<:;, It'-as f;-, [;-10 J~~ii. ;'j"md jane 2JX! KnS'iV. EF.cr mp8:t6diY hittbg Plr;:lnt;ffc Car, ~:~at ~h.;iE: \(Vii:S no ICDnl lor him to move Over v".rlho;Jt crushing P1a!nLn:OIg Car. '- t'..~ 't"v. The risk of harm to Plaintiff VvC1S V6iy great such !::s to make it highly probable ~hat Piaintiff would b9 injured 2S a result of Dt:fen;iat1t QU~r,esl r~peat$d attempts to . mcve ~.h0 Tractc,r~TraHer eVer from the r1r;;ht ham:! to !~ h::'>f,,:j iane despite th2Jt Plcfnt[ffs CSlf wee i;:. thr" k;:ft hand 18n~, c.ne cvnseque,;dy striking Plaintiff's Car upon three attempts until the Tiactor-Trall.;JfftneHy pass{;d by PIG!intiff's Car. 7 Feb 21 06 10:55a rd, n. 200611 i)jAM Cind~ WeC!kle~ :P,STE Rr: AV~R I CA 817 577 4690 f~(), 90i3 p. 17 P. 1" I. 9 L/ : .. FEB. 20, 2006 B:~~M;l tP,;)lt~,j~ ur) V"L' 40. Defendant Quarles' c{:}er.;;rtloil of the 1i"2etor-Tr~rrE:r as described abovG strH-;iY1g Pfninuffs Car livitbout any apparent cbrlcem '/ii2t the:mly w<;y hi;! was tr,en end evidences a ioSc!dess ir:diff€n:m~ 'to Plaintiff':; r:'lter~st:;) €:nd ','Jall beIng by rGpe:::H:oo!y thE/i-e gDlng to oe able: to move ule Traotof-Tracbr CY~1' to tlH left hand ial1e '.f~dS by '1 f--- .lammi~g into Pfalnlffl'. Car en.; evenlualiy ,n;shing F'fslnt'ff s Car such thstthe Did! n ' '._~ Tractor-Trailer l.vould b:;' eble to pass by or over Plaintiffs Car. 47. DGf~i1dant Quaties' above described conduct in repeat,ediy striking pealntIfFs Car, including r.fter aJre9cly hiilv1ng hit her Cal' Clil~S Cii'id thGF'ltllVice, amounl:s to outrageous cunouct. 48. Defsndaii!S WcCdbg~il, Roadlink ar,d East€:m A!ili!rican Transport ;:;lie liable ::::nd responsible fOf Defendant Qtlsrlo:iS' negligent s~C; r3crdes'~ conduct, sInce: at the time of the aforGsaid Accidsilt, D,sfsncfarlt Quarl~ w'as acting wtthtn the Scope of his ag'enC\j, servitude, employment, contra!, behalf andlor auino:t::a'cion faT DefenQanis V"v'&ddington, RoadEf1!<. 2nd Eaobrn kn.3n~il Transport 49. ,4..'3 a Jcs:..rlt of the negligence ana recklessness of D(~endar.t!< 88 des~i~ea 2bove, P!~inti;fs body was repec:iediY thrown :::~12~'1St the !,=ft h€md side of !'~er C8:', arid :epeat€.dl}( Si'12kel1 and jarred ins!dc of her Car., 50. ,:;S a r~$'Jnofthe negligence 2!1CI r2Ck!8SSI1'3Sl; cf Q'E.fenckmts as described fnjuii:?s, illCiUdlrlg. cui not !irn;t~d to, inJuries !D nE;r I,~gs, "q';X, r:eck, wrist, Bile: iet! eye. 2,bove. Plaintiff Burrer-Sd, Is s;,;i'fet"ln~;, and V',~H ccntllH..l~ -Q suffer ssrJous and permc:nenl 8 Feb 21 06 10: 55a Cind::1 Weakle::1 ;: 8. 21), 20C6 ! : OGA;,.1 EASH R~ AVER.:C,~ 817-577-4690 :W. ~O'13 F t 8, 20, 2006 S: 5 5 N:~ EASTERlY GPS 8M T flV. 0 I U t.:'l vI. .~s a resuii of the l1egl1gance and rec}:!e~8ness of Defenccmts CiS desoribed abo"J:::, P!~i:1W'f suffered, ::,:; GtJ~ferji"fJ, and wi!: corltillUc to sufTer severe physicai palt}, numbness, t~gHng and buming sensations throughout her kJi: leg, ~~r~ ,",.c.. As:s result cftl1c negri9'~lIce and rSC~~)SS;1~S3 of Defendants as described dbove, PisiliZiff su~ered, 1~ suffering, and "'\lm ool1tinuE= to sufFer severe physical pain throughollt her lower back and nec!c rogions,. $rid e;;iEl!1cHng ::lcwn into hor shoulders, 53. As z result oftha n:;giigencs ano rer:;"reS$n~e:s of Defendants as described ePOV9. Piaintiff sU"ffered, is suffering, and '..'\Ii!! c::mt(:"lU~! to sufer loss of mobillty and{or rnovem.snt thml.igh0ut l'Ie. lcr.'1er bacJ< and neck region, 54. As the Ac-cldent was occurring, Plainfjfr believed that ehe was going tt:l be kllled by th~ Traci:of- -r i1?iI~r. 55. PIZII'I'ilff continues to have "'nBG:h-bae::l~s" elf lhe P.cc!dent that ogcurred on A:..:gust 11, 2003, sid whst 6be o,jnslciers to be ~ "i10.:ti death l;llqJerience." 56. Plairitiff cannot F.1void 'traveling on m ads where sr.o encountem "tJa~'(Or-1r3;lers passing her as s!'le trnveis ID and from \york and m2!< ~s Qtt,r.:r trips to and from he. home. f/!. /~ ~ r~su!t of Defend<::r:t'~ l1egiigen~n sr.d reckles:;!i6$S, Plaintiff suffered, !s r:-uffGdng, a.nd \~lfH~ corrtinu~ ~c s!...rffar great m~rlt.al angutstl, s<ress. feef. traurrte, and at times a near p~rajY'2ing cCf{oi~icn. in traveling ~!1 the \'ffoin:ty of 2nd adjacent to fractor- 'iniiiers., 9 P. lJ/ 1 ~ p. 18 I. It I _C"',: /j ~.-V1I.--- J \,,\"-.-' cf.' I '-./ ,r'- ,. ()~ " Vt- 0{UI, V~Xl C ~ Feb 21 06 10:56a Cind~ Weakle~ :~3, 20, 2:)06 ~'::)lAV: ~AS'ER~ it,~'iER.:CA 817-577-4690 \U, ~ ,i \ '.) i'\lV. 'IJ I J D \ 1/ \ il I, j"1, II p.19 FEB. '20.2806 J:j)Mii tl\~ I ::l\l~ Vt...' \J~,L I 53. ,~ a result or Defendanis' n9gligenc~ 8fJd recfjes::neiSs, Piaintiffhas sllffsred, ~$ ~uffenn9, and vt:Hr CDnUntre to suffer 3 cHsnjpt~on of her d:::.L;~ habr-.s and Qursujt:;~ arid <; loss of ert\oyme:'li and tni': p!eaStlr8S uf life, inclucJln,9, wall<:r.g, dancing, performing househo;d 6e..vlcGs. performIng yaid WorK. aeroble;;;, Cro.3S c.')/,mtly skiing, sItting fer long periods of t!nl,e, climbing sta!rs comf-crtebly, siti.!ns on El.il'Y h:5.rd surface. lying Qn qjat surfaces for ~ny length or iime, and stcmding for any j:mgth 0f time on 61 hard 6urfaoa. 59. As Ell result of l:)sfendants' negHgence snd mcklesrness, ;;)nd In orner to trea-t the injuries calt!s&cl by the j::,ccicel1t, Plaintiff hZ\;'lteel'l c:ompol!ed to expend varioLfs sums of money fer medical atfent:ol1, medicafiD,' and :~uppil:?g, and wU! be rcqllired to i..'U-l1uHIJ9 ro expend sums OT money "lor ilie same ~H.lrpf)s.e in ';he future. 60. I~.s a result of D~f~ndai1tsr negllgenc:~ and n~cl~res5ness. and as a ~l1sequence of the inJu,;es suffored in the Accident. m'jd th'i!: continuIng leg, nec:~ and .back pain resultlng frcrn D18 P,ccldent, pjr.:1!ntiff ha;s mi:;:Sed ibe at work and wi/1 c~nijnue if:; ,miss tirr~6 at VlJot"y", "The economIc rrnpe.~t t:. ~;>12intb~' as s r...~suft of the time she has missed from w~!r~\ Is appro:::imate!y S2,OC>D as of the fiHng of thIs Complain-c, and will ccniinu~ to ;ncre.?5(~ as :;the m!~s~s n'lc:re til~-..e Zit ~,,\fOr:::':. 61. /~.s 3 ~.lllt of Defendants' n~gfigenc<3 and r~-~c~!e.s[ness: P'!ai:itl'; can r~o bn-gei LiSe 8 pU<3i'l iTioWer to mow :,ef i:aw/'). Ac-:ordil"ifI1y. she had to PtJl'chase a nc;jfng ta...t~nmOllVt;r Et a cost 'Of ~;B99 .94 ~n orrter to ~:>rr';jnL~e rnovling her !.svv'n. ~? ......... As <J r2Stlh of the coniir~i.Jed ciH~r!cj'e~km of her ph:re;ic8' conditIon caused by the Dsf.endgn~:s" neg:fgstice: and t.~ck:essneesl?'a{rr~~ff docs not ~niicipetB that she .\iviU be able to mow her !awn with e riding !ClWi1rnOVr'er fer vsrj mFcl1longer as a restltt of !:he '10 Fl2b 21 06 10:57a F E 2. 20, 2O:J 6 1 1 : [) 1 AM Cind~ Weakle~ EASHRN M\"iER~CA 817 577 4680 p.20 ~; f"'\ r\ t! ~ '" I\V. ~ Ij I) P. 1 ~,/ j 9 HB,20.2006 c:?)t..\1 ti\JltKI'( \:r~ O,"\L; COi"is:tS\;;t Gouncing Clna jarring en her to1;';Jcl" b;)ck and ne..'C!t ft,C:;Ordiflgly, Plainirff ~nt1~1p~t'&s ha"!fng tc hfr~- z; !aViri sSi'tt'ica to rntJ\,N h0r ;a\'Vn a:~ a signmc-crr! cos1 to ?~8jt1Hff, which she wot:ld j'I",:Jt hdl!s if'lcurr~cJ btll far ths. Dsrfell'~aJ'rts' nsgligencz and ;19c!dessness. .0.... U". /J.,S a jeSt.l!! of t.he DefendaTlts' negHgsnce imo fet:~{iessl1e~3, Ptalntiff has been reqUil"ed to pay UD:ers to gseist her in r.naintainire9 tht~ grcur~cls sround her house. '.Vhlc.1 W;Jjl( sM \'IOlJk1 n~:'l.maily hElve done herself ~f not for l:h3 inj:Jlies caused by the J~.c-jcent. F'l;~!n~fff :ass ~ttemp.tcd to 06 as much as she C.E\., pi1ysi~ll)' endure considering the physicallimiiatblis resulting from ihtl ,l\cc~d ::nt, but lias snU incurred =::;::-::;'~;;-::S::!l' .s2.~45 ~v G",[s iio),kjg ';0,- filul.i! -:i'1:; fl 'Qinien~Hce. whicn she WOUld oth~f'JviS$ have performed. and C'lnticipales this S:mount increa,sing in the future. 64.. As a result of Dsre;,dants' negligsme and rer.kIL%snes13. PIC:lntiif is Iimii6d in hsr ability to perf:;rrn snow removal taGXB. Ph;;ntiff 8nticip,:ries that she \vili inCur .,.:~,..,'r:,,_~~ -~_.. .----, .-, ~- ....~ '- H" - r.,." ;r<<> - - ~o-c-''''c'';;o,. pl'O~--ss"'-' "'n.Ji-,. "';;j::::'>~!;::'~l~; ~:~~""'-r: ;r;:'~~;J.:t'(j,.l..;J~L.;::. f1; ~lf~ t~{Ui,'t..r Co'.i;;r h......1 t./n ilL! .~,~ ~l~ 0;:' ~ u,U'. d'etcriOrE!CC~ 65. ;;3 ~ rasuit of D,af:sndai1ts;' negHgence and rec~kf€f::snes~, P'!~lrrtfff h~s n!:'cl to pa:( others to penorr.(J housebold task~, such ;~s pz:irdng aild oti"ter hOLlse m€:inren2nc2 and management i;~sksf vfhfch 9he othef'Yt/!se \'VcLdd !13'je d::;;;e btri for the inju;,es Sl!stafne~j in ~i'li;- Accid;:!1t. Piaintiff h2$ B!rer;:cijl incun-ed $1,SOO in additional costs :;,5soc.~ated \lvith pSInt:ng and apprOXirnE!1'e;~.' G750 for rrr~sceLaneo!J6 chaPGE:s, and anticIpates addit~cr:al hou.sehQfd mEJ:ntenan:.:~: arid rr1~nege~nent e;{penses V/in be ilicurrad In (he fulure as a rasult of the P..ccid2.nt 11 Feb 21 08 10:58a c:s. 2[:. iD06 11: OlAM Cind~ Weakle~ : AS TE R"; A:r: R I C A 817 577 4890 p.21 i~O. 9 (; i 3 r. 16/19 FEB. 20. 2006 D:56A~ l;'~; tI(.'J ,;:;~ ol\L I 66_ /;3 ,~ ,-?Slir't of Defenchnts' ?'legJ1geou;; 2.ilG recfdes;;ness, FiElinw1 has been deprived c.f sleep end c:t-times fie;$' ~1gnlfrcarlt .j[f~cliitl s:€'€p:ng l,vitho!.it being !ntstTI.lpt8:d by pain and C'U"tS;f dlsC\.imfr,):t caus,s::d by the .t.\c.c;cfent 67. As a resuit or Dafelldan~e neGflgen{;l~ ~nd f1~ck!es:mess, Plaintiff had to [Durchase a new mattrsss anel bDx sprir;g to tl)/ and t:l:ievia:ts scme ofths psin caused by the Accida.i1t Pi3:nHff frlCU;re...j $350 for a nEW'" martre;;s and :,ox spring. PlaIntiff GiJ1t!cipa1ee. M hel" '':'Oildffi;Jn pmgr;sses and/or d~teliOia{~s, 'ihst sha v.-ill have to rXJr.::has(;: another rr:slttr0S$ that provtcies even grea1ei relief i-;:. 'the p~in and diSf.Xlmbrt caused Py the Acddent 0. D,,,fer;dc:i1t Qua;'lc5' ccr;duct ~'laz sumclently O1"ltrageOtlfs in ~'")at ha acted '.?nth a complete !'ed~Jess lndifi'eieflC9 to Plc:irltiffs irJtcrests and 1,v,~~iI-b:9jng !n smklTlg Pl~inlif?s Car ""ne.n he !':n,~\iir his Ti:;Jctcr- Traner \;\fSS acj;:ce,.-,t to Plaitlt:ffs Gar, or did not --- .--- e:veo care It th.:le l1/aS a v~hlci.e next to the 1ra':;7,or-Trz:1)er vir-:en [-Ie attempted to make th3 kme chEmS'is, 2..d t;;~il or: r.;/;.' 2::;Qition<:il OGGOloic'iS afler le had f:.llresdy vic!e::rnly sh'VC;':: Plaintf:"s Car, crov:~ 11'1:0 P)9]nf.f:'s Car in ::; c.or.t1nueci ,;:,tiempt to smash h~ way O\lZ:: 1nm thz iet.: hand lene f0gardiess of ;,\lTV;3mC;r r18 WiJw[d h,:we to civsh P12jiiriff's Cer in G'''d8'l'' to c1:e::ge lane.s, such ttlc.:t DEfendants ~j02: f2S;jQ:'J!:ib:,:.,' 2nd iiabie f-cr punitivo oEn12ges.. o ~9) Defendant O!l2riec.' COlidt:.c.t was f(..irci"ler outr:lg,::ouf. @nd evidencad a reckJ~ss inclfr0renc~ to Fla~r.tJi'fs intei\~sts aod \,"J.s!!-beinfj in attsmptin;;i to bave t~a scene of the J~),:;Ghj9!it at\0f hitis!ly ~'1:ri?\jj;g Pfalnt;ffs Cor snd nen r~;:)eatec;ly striking Plaintiffs Car on tw~ scfcmionzJ ocr-~sjQf1$ ~s ho; ieft the scene of thG lilitlal !:'fij)Sct. -:2 Feb 21 06 10:58a ~-~ ~ :'" :; 20. 20G6 i i : 02AM Cind~ Weakle~ :;\::TER:'~ A1v\:RICA 817 577 4690 p.22 NO. 9013 P. '! 7/19------- FES, 20. 2005 S: 56Mii EJ>,STERi-i GPS B,~l T m8lo p. 16 TO. Defendal1t$ Vleddingtcr:, RoadJlnk anj East{:~m l.merican Transport are liable for Dl!r\ifj've dem2ges since D,~-relld2j't Qu.?r1.::-s \oVC:1:$ HeUng .~:s the ser..ant, agent. employee, Dr \vas c:men"Jise cpe18fmg the T r<::ctor- Tr2iier uJCilet' the control o!" on '(he behalf of DufendanIs Weddington. Roac:mnk 8nd/or Eastern American Transport 2lt tile t!r."1E> of the Acc.\ri~nt. 71, ;1.s 8 resdt cf Ell oftns store-said n-eglig€r.t, reddess, and outrageous conduc~, De;fendclrl!s an': all H@ble for Pialntm"'s COintsr,s2.rm,f damac:;8 and am fulther ~i~b:e for ~ .~ v punrtr:re damages. WHE~EFORE, ~;eintiff demands JUdgi'nent 2geinst G II Defendants for both com;:X3i':os:atcry and ;;uniHve damages in an amount in e~:c..es~. 01' the Court's arbitrstlon timH:. RG~Pf!c1:f'UI{)' Submitted: r~1c~'.1EES \'"i?/tLU\CE & i\IURiCi( lLC ~ ;r '-"W' """I. '/ ..-....--... { ''', J;~/_ t":=:::::::::::~~~ j !~ i r i;{~.",fr",,_:""'l L' n~ a-1""; i ""~.W',HL.:..l(rt .0:4 r ~ d.. ("\" UU\J , r...... r' '-""~O \ /' .U, ,\JO. !;l:~OV ......- 100 Pine .3treet P.c~. Bc;c -1165 HanisbwII, PA ./ i-!DB (717)232.3000 D'c'te.d; i \. i fl'" :Y-l'\P\ li '""- .'" i~ Feb 21 06 10:59a Cind~ Weakle~ 817-577-4690 C ::, 20. 2D86 : 1 : 02:\~! - ^ C T [ P. r,~ .\_ U [" C : r ~ _ n 0".; I L .\., ,,:.~;.. l~ ~ \.. r. ivO. 9:) 13 F[~. 20. 2006 8:56A~1 tP~.~ltKr~ (Jr~ !):-\~I Jai~!R(~.E!,7iON !, Brs,nca J. !..-c:.ncHs, venf;J th2i the fu:ctJ..tr~1 stetl~!n~'nts iTlade in the foregoing document are. tnie .end correot t~ the best cf ~Yj'';/ k~'o1iw'~edga, !nfcr-rnc::iron and be:fef.. In mabl"lg this vermcation. i am relying 011 my atttlTiiey te' set fmt.11 ani' legal conclusions b:::s\~d em tIle facts. Th~ 1/1i'Ording of this docw:nent is ~h5;: of nw attorneys and nat my own. I undsf"'3iar.d 'til..Uafse statements he,.;}in are r,:lada scbject to the pG'r'laIties of 18 ?'z-.C,s. S4S04. reJ",1ing io u!1;;JUl'om fulsi;'iC3'L70~; to D:.;thoritiE::S., "() 0, ,"j - ~~ ~. ~l.L.~~J.2f,.~ 6n:H~C:a J. Laifclis ".... /' x;, ;]r-\'eo" ~/-/&:- - v(,,"7 wo". .C7 p.23 r. i ~,/ 1 Q I v, t I : :: t, 20, 2G C 6 ": 0 f:'.~t :/\STER\ MHF:et< FEB. 20. 1000 B. 56AM EASiERN GPS BALi " ! - 'I;\). YO 1 j ).;0.61& GEfi"ffFiCATE ct= 51=.RV1CE , r~"'"" oJ .. I' I, -Janath~n H. F:'-id:j, c:sC{!Jlr<?, here!;iy C$rtify \:hat on Hils ~ day of Februarj. 2.006, ;::) true :and COl1'G';ct copy Clf the fON;!gclng documer. t W'aiS served by first-class, United St:?tes mCln, pC9iage pf'Bpaid, upon ins foilawing: Carro;' it..... Quarles 28- il !v1ej'neld Avenue 5a!tlrnGre, MD 21213 TlleodDre R VVedding<.-on B505 r=r'~derick Roed P.O, !3QX 13~e E.i;:It.:cr( CH;fr Lier 2~fQ4S RC'adJilll~ USA ESiSt. LL.C. 'J :~40 W':.. Drive Settliehem, FA 18017 EZlstem American Transport &. '\Nareboussng litc. 8!5Q'! l-IE;german street P;'ii<~def}hi2!, Pf., 18i35 ~di,- ~;; ~ j~V( ( Joi.aihan H. ~udd ~ 14 r, i ~/ : Y P, 13 EXHIBIT "B" BRENDA J. LANDIS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION PLAINTIFF'S OBJECTIONS AND ANSWERS TO DEFENDANTS' INTERROGATORIES GENERAL OBJECTION: In accordance with L or-al Rule of Civil Procedure 4005~ 1, interrogatories to a party shall not exceed forty in number. Defendants interrogatories exceed forty in number and are in violation of Local Rule 4005-1. Without waiving this objection, Plaintiff responds as follows. INTERROGATORIES 1. (a) Identify each person who (1) was a witness to the incident through sight or hearing and/or (2) has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, after or at the time of the incident. Brenda Landis - driver of vehicle struck by Defendant Quarles Carroll A. Quarles - driver of tractor-trailer striking Plaintiff's vehicle Ed Moorhead, P.O. Box 60606, Harrisburg, PA 17106, work telephone number 1- 800-401-0120. Tim Longenecker - state trooper who reported to the scene Many other unidentified drivers on Interstate 83. Plaintiff does not know the identity of the other witnesses, and only knows the names of Ed Moorhead and Tim Longenecker because they are identified on the Police Report. (b) With respect to each person identified in the answer to the Interrogatory above, state that person's exact location and activity at the time of the incident. Brenda Landis was in her car driving north on 1-83 in the left hand lane. Defendant Quarles was driving north on 1-83 in the right hand lane. Plaintiff does not know where Ed Moorhead was situated at the time of the accident. Tim Longenecker came to the scene after the accident had occurred. 2. If a police or fire department investigation occurred, identify the department and all personnel involved. Tim Longenecker, PA state police. 3. If, at the time of the incident(s), or subsequent thereto, any of the persons listed in the preceding interrogatories wp.rp. or relatives, acquaintances, 3gcnts, employees or representatives of any party to this action, state the nature of such association as to each person. Brenda Landis is the Plaintiff in this action. Plaintiff has no other relationship with the other listed witnesses. 4. List the names and addresses, both residence and business of all persons whom you intend to call as witnesses at the trial of this case. Brenda Landis, Carroll Quarles, Theodore Weddington, Ed Moorhead, and Tim Longenecker. The addresses of these individuals are listed in the Complaint or above. Plaintiff does not know if Ed Moorhead is the driver of an automobile that stopped to help her, or the truck driver who also stopped and talked with Plaintiff after the accident. Both individuals claimed to have witnessed the accident, but the Police Report only identifies one witness. The driver of the automobile who witnessed the accident did tell Plaintiff that he witnessed the accident and would be her witness as to what occurred. However, he never gave his name to Plaintiff. Accordingly, although Plaintiff reasonably believes that the witness identified on the Police Report as Ed Moorhead is the driver of the automobile, she does not know that for a certainty. If Plaintiff locates and is able to identify any other witnesses of the accident, she will provide this information to Defendants. 2 Plaintiff also intends to call Dr. Barbara Christiansen as a witness as to her damages. Dr. Christiansen's address is 354 East Penn Drive, Enola, PA 17025 (717) 728-1990. Plaintiff reserves the right to call any other medical expert that she might consult regarding the injuries she suffered in the accident, including doctors that have examined her eyes (Dr. Schmigdall and Dr. Pheasant - records previously produced). Plaintiff reserves the right to call any other witness as to the accident or damages she is claiming, including, but not limited to, her two daughter: Holly Landis 2236 Slater Hill Lane W. York, PA 17402 Heidi Landis 922 N. Calvert Street, Apt. 2R Baltimore, MD 21202 5. At any time after the incident or accident described in the Complaint, were you aware of any conversation whatsoever relating to the indoAnt or accident. !f so, identify all parties involved in the conversation, when each conversation took place, the substance at the time. It the conversation was noted in detail, attach a copy to the answers and give the name, address and occupation of the custodian of the documents. Right after the accident occurred, Brenda Landis remembers a young man standing beside her car. He asked her if she was okay. She said that she was not sure. He asked if she thought she could drive the car over to the shoulder. She told him that she was afraid to try, and he said that he would stop the cars if she could drive her car. She could and moved the car over to the shoulder. The next thing she remembers is the same young man asking her if she could follow him up the shoulder. He told her not to worry and just to follow him. She did and then kept stopping due to fear, and he would then encourage her to come a little further. As she drove up the shoulder of the road, she remembers seeing a tractor-trailer sitting on the shoulder in front of her, and another one sitting stopped in the left lane of 83N. The young man told her to stay in the car and call the police, which she did. He also told her he would stay and be her witness. She then remembers a man walking over to her car. Still very shaken, she thought he must be the tractor-trailer driver who hit her. She told him that he could have killed her. He said that he was not the driver of the truck that hit her, but that he was the driver of the truck (sitting in the left lane) who stopped the truck driver who hit her. She then thanked him. He asked her if she was okay. He then joined the young man and they were talking. At some point the young man told Brenda Landis that he and the truck driver who stopped the man who hit her could not understand why the truck driver who hit her would not get out of his truck. The young man said that they thought he might have something to hide. He told Brenda Landis that 3 neither he nor the other trucker were going to approach him because they thought he might have a gun or possibly was on drugs. Brenda Landis remembers Officer Longenecker arriving approximately 30 minutes after the accident occurred. He spoke to her asking if she was injured and she told him that her neck, wrists and back hurt, including pain radiating from her back down her left leg. Shortly after Officer Longenecker arrived, the man who hit her finally got out of his truck and started to take pictures of her car. At one point he walked around to the driver's side, and would not even look at Ms. Landis. Finally, she spoke to him saying that the least he could do was say he was sorry, and that he could have killed her. In a very sarcastic tone, he said that he did not see her, and nothing further. The officer also spoke to the truck driver parked in the left lane, and the young man who said he would be her witness. After speaking to Officer Longenecker, the other truck driver came to Brenda Landis' window and told her that he was going to leave so he could unblock the left lane, and that the young man who witnessed the accident was going to stay. She thanked him again for stopping the truck driver who hit her, and he left. The officer gave the truck driver who hit Brenda Landis a ticket. The young man came to say that he was leaving too, and she thanked him for staying to be her witness. After Officer Longenecker obtained the information he needed, Brenda Landis was allowed to leave the accident scene. 6. Give the name and address of each person known to you who has been contacted as a fact witness. Plaintiff has not contacted anyone to date as a fact witness. She would plan on contacting Ed Moorhead and Tim Longenecker sometime in the future as the case proceeds through discovery and approaches trial. 7. Have you, or any person acting for you or your representative, spoken to any person who had any relevant information concerning the incident described in the complaint? If so, state the following: (a) The names of those involved in the conversation; (b) The dates of each conversation; (c) A recital of what was started by each party to each conversation; (d) If the conversation was memorialized in writing, attached a copy of said writing and give the name and address of the custodian of the original of said 4 writing. Plaintiff incorporates herein by reference her response to Interrogatory 5. 8. Have you or anyone on your behalf, including insurance agents, conducted any investigations of the incident which is subject matter of the Complaint? Plaintiff did not conduct any investigation into the accident. Defendants' claims adjustor investigated the accident, and this information should already be in the Defendants' possession, or is easier for Defendants to obtain than for Plaintiff. If the answer is in the affirmative, identify: (a) Each person, and the employer of each person, who conducted any investigations; (b) The dates of the investigations: (c) All notes, reports or other documents prepared during or as a result of the investigations and the identity of the persons who have possession thereof. 9 (a) State the names and address of each person whom you expect to call as an expert witness at trial and state the subject matter on which the expert is expected to testify. Plaintiff intends to call Dr. Barbara Christiansen as a witness as to her damages. Dr. Christiansen's address is 354 East Penn Drive, Enola, PA 17025 (717) 728- 1990. Plaintiff has already produced to Defendants a copy of Dr. Christiansen's report of September 28, 2005. Plaintiff reserves the right to call Dr. Schmigdall and/or Dr. Pheasant as to the left eye floater that appeared after the accident, or some other medical expert. If Plaintiff decides to call any additional expert witnesses, she will produce reports from such witnesses in accordance with the Rules of Civil Procedure or Order of Court. (b) For each such expert, have the expert state the substance of the facts and opinions to which the expert is expected to testify and summarize the grounds for each such opinion; (c) Set forth the qualifications of each expert, listed the schools attended, years of attendance, degrees received, and experience in any particular field 5 of specialization or expertise; (d) State each expert's age, residence and business address; (e) State the names and address of the present employer or if self- employed, the name and address of the business and his occupation; (f) State the name and address of every person or firm for the last ten (10) years and detailed description of all duties at each place of employment; if the expert was self-employed, state specifically and in detailed the description of his duties and responsibilities. 10. For the expert witness identified in Interrogatory 9, please state the following: See response to interrogatory 9. (a) Whether the facts and opinion<:; to which he is expected to testify are contained in a written report, memorandum or other transcript and if they are, give the name and address of the present custodian of same and state whether you will produce same without the necessity of a Motion; (b) If the opinion of any expert listed above is based in whole or any scientific rule or principle, set forth the said rule or principle; (c) If the opinion of any expert listed above is based in whole or in part upon any code, regulation or standard, governmental or otherwise, identify the said code, regulation, standard and specifically set forth the section relied upon; (d) If the opinion of any expert listed above is based in whole or in part upon any scientific or engineering textbook or other publication, identify said text or publication; (e) If the expert has testified in Court or by way of oral deposition within the past ten (10) years describe the Court involved, date of testimony and identity of attorney calling expert as a witness. 11. Identify the name, address and business position each by you in anticipation of this litigation or in preparation for trial of this litigation and who is not expected to be called by you as a witness at trial. Plaintiff does not understand this question. If the intent was to ask about non- testifying experts, Plaintiff does not know of any non-testifying experts. Plaintiff did see other medical professionals associated with her injuries who are 6 identified in the documents she has already produced in informal discovery. To the extent these individuals would qualify as non-testifying experts, their identity has already been produced. 12. Do you contend or aver that any party or agent of any party herein violated any law, rule, regulation. standard or ordinance? If so state the following: Plaintiff is not a legal expert, and would have no way of knowing the specific laws, rules, regulations, standards or ordinances that were violated by Defendant Quarles in his operation of the tractor-trailer prior to, during, and after the accident. Plaintiff would believe that there has to be laws making it illegal to change lanes in a dangerous manner when some other vehicle is already occupying the lane in which the operator is trying to move. Plaintiff would also believe that there must be laws regarding the safe operation of a vehicle, and driving at a safe speed and in a safe manner. Plaintiff would believe that there would be laws governing stopping after causing an accident. However, these are matters that would be better addressed by Plaintiffs lawyer, and it is Plaintiffs understanding that interrogatories are intended to obtain factual information and not Plaintiffs lawyer's legal views of the case, (a) Describe the detail each violation with reference to the source material containing the law, rule, regulation, standard or ordinance; (b) Give the date of the violation and identify all persons present at the time of the violation and manner in which the violation occurred at the that time; (c) Identify all writings known to you in which the law, rule, regulation, standard or ordinance id written and/or described. 13. Do you or your expert intend to use any book, magazine or other \Nriting at the trial of this case? If so, describe the writing in detail as to author, publisher, copyright date, and give the name and address of any known present custodian of said writing. Plaintiff has no present intention to use any book or magazine. Plaintiff cannot speak for her experts. Plaintiff intends to use writings to the extent they relate to either the accident or her damages. The writings in her possession have already been produced in informal discovery. Any writings in the Defendants possession have yet to be received, but Plaintiff would expect to use some of the writings produced by Defendant at the trial of this case. 14. Do you or anyone acting on your behalf know of the existence of any photographs, motion pictures, video recordings, maps, diagrams or models of the site of the incident, parties or any other subject matter involved in this action? 7 Plaintiff observed Defendant Quarles taking pictures at the accident site, but has never received these pictures and does not know where they are located. Plaintiff has no other photographs, etc. of the accident site. If the answer is affirmative, identify: (a) The date(s) when they were made and what they are; (b) The name and address of the person making them; (c) The subject that each represents or portrays. 15. With reference to you, your decedent or your agent (if vicarious liability is averred), whichever applicable, state; (a) Name, date and placB of hirth end socia! security number; Brenda J. Landis, DOB 11/8/48. Plaintiff objects to providing her social security number for privacy and security reasons. (b) Marital status a present and at time of incident with name and address of spouse(s); Divorced at present and at the time of the accident. (c) each residence; All residence addresses for the past five (5) years \Nith the dtites of 20 Burning Tree Court, York, PA 17404 (d) Names and addresses of all employers for the past five (5) years with dates of each employment? McNees Wallace & Nurick LLC, and Kinsley Construction (e) If you wear prescription glasses, state the condition requiring it. Brenda Landis wears contact lens daily for farsightedness. 16. If the person executing the affidavit to the Answers to these Interrogatories is not a party, state the full name, job title, employer and address (business and residence) of the affiant. If the affiant answers in interrogatory 8 herein from the information not within his personal knowledge and belief, describe the source of all information given that was not within the personal knowledge of the affiant. Plaintiff is executing the verification to these interrogatories. 17. State whether you are covered by any types of insurance, including any excess or umbrella insurance, in connection with this incident. Plaintiff had her own automobile insurance policy. However, the damage to the vehicle was handled by Defendants' claims adjustor. Plaintiff's automobile insurer has been paying the medical expenses up to its limit of $10,000. Plaintiff is producing a copy of the declaration page of the policy in effect at the time of the accident. If the answer is affirmative, state the following with respect to each policy: insurance; (a) The name of the insurance carrier which issued each policy of Erie Insurance (b) The name insured under each policy and the policy number; Brenda Landis (c) The types each policy and the effective dates; Auto January through December-- Yearly (d) The amount of coverage provided for injury to each person, for each occurrence, and the aggregate for each policy; Plaintiff is not sure what is being requested. However, she is producing the declarations page of the policy and Defendants can make their own interpretation of the coverage afforded. (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and the reasons why you or the company claims the exclusion is applicable; Not applicable (f) Whether you have made a claim under the policy and if so, set forth the nature of this claim, the amount recovered and the date of recovery. Plaintiff has made claim for medical benefits. She is not sure how much Erie has paid for medical benefits, but it is still paying her chiropractor bills 9 18. Give the name and address of all persons rendering accounting seNices or legal seNices to you for a period of five (5) years prior to the incident described in the Complaint. None, other than a tax preparer who is identified on the tax returns Plaintiff is producing. 19. Have you given statement as defined by the Rules of Civil Procedure concerning this action or its subject matter? Plaintiff provided a written statement to Defendants' claims adjustor at various times. Any written statement has already been produced to Defendants in informal discovery. If so, identify: (a) Each person to whom a statement was givAn: (b) When and where each statement was given; (c) Any person who has custody of any such statements that were reduced to writing or otherwise recorded. 20. If you were acting by an agent or employee at the time of the accident described in the Complaint, state the following: Not applicable. (a) on your behalf; name, last known residential address and job title of person acting (b) whether you maintained any policy, rule or requirement that if your employee was involved in an accident while on your business, that a written report of the accident was to be prepared by the employee; (c) whether your employee either alone or with other employees prepared a written report concerning the accident involved herein. If so, give the name and address of the present custodian of the report. 21. With reference to the motor vehicle operation by your driver or you at the time of the accident described in the Complaint state: 10 (a) name and address of the owner or owners of the said vehicle; license number and state of license; Plaintiff, 13-730-953, PA. (b) years, make, model and color of said vehicle; 1999 Chrysler Sebring. (c) if there was any printing or writing, emblem or picture on the exterior of the vehicle, state the nature of said printing, writing emblem or picture. Not applicable (d) what year was your vehicle at the time of the accident; 1999. (e) which, if any, part of your vehicle did not function rroper!y immediately prior to this accident. Vehicle was functioning properly at time of accident. state: 22. If your vehicle sustained damages as a result of the accident in question, (a) Names and address of all persons or companies viewing the damage and preparing a written estimate of damage with the date th~t estimate was made and the total amount of the estimate of damage; Cindy Weakley, Defendants' claims adjustor, has already adjusted the property damage to the Plaintiff's vehicle. She would have all the information regarding estimates and the nature of the property damage. (b) List all parts of the vehicle damaged in the accident; (c) If damages were repaired, state name and address of person or company making the repairs and the date the repairs were completed; (d) Location of all damages on vehicle before accident; 23. State: (a) From what location were you or your vehicle coming at the time of 11 the accident and the time of departure from that location; Plaintiff had left her home in York, PA at approximately 8:20 a.m. (b) The destination of you or your vehicle before the accident and your scheduled time of arrival; Work. Approximately 9:00 a.m. (c) List of all stops made between point of origin and accident location; None (d) The purpose of the trip and for whose benefit it was being made; Traveling to work. state: 24. With reference to the accident or inrident upon which this action is based, (a) exact place of the accident, giving the name of the locality, the streets or highways involved, and the nearest intersection or identifying structure; Interstate 83, just north of exit 40A, near the line between York and Cumberland County, PA. (b) exact date and hour of the accident; 8/11/2003. Accident occurred between 8:30 and 9:00 A.M. (c) the nature of the road with reference to any depressions, curves obstructions or hills in general area of the accident; It was in a straight area below a hill and heading toward a higher area. (d) the condition of the road surface at the place of the accident with reference to whether it was dirt, tar, concrete or other composition, and further whether it was wet, dry, icy, snow-covered or slick from some other substance; There were normal, clear road conditions. (e) number of all moving and parking traffic lanes on the highway on which each vehicle and/or pedestrian was traveling; There are two main travel lanes, a shoulder on the right where a vehicle can fit 12 L_ and be off the roadway, and a small area between the left hand lane and concrete barrier on the left, where a vehicle cannot fit and be off the roadway. At exit 40A, there is an additional lane of merging traffic, but Plaintiff was beyond this merging lane when the accident commenced. (f) state lane of travel and direction of travel for each vehicle and! or pedestrian immediately preceding the accident or incident; Both vehicles were traveling north. Plaintiff was in the left land and Defendant Quarles in the right lane. 25. With reference to the weather and visibility at the time of the accident or incident, state: (a) state in detail, the weather condition at the time of the accident; It was a clear day. (b) whether visibility was clear, and if not clear to what extent it was limited in items of distance; It was clear and distance was not a factor. (c) which vehicle, if any, had headlights on the time of the accident; Plaintiff did not have her headlights on. She could not see the trucks lights. (d) state whether your vision or that of your driver (whichever applicable) was obstructed in any manner at the time of the accident by factor whatsoever. If there was an obstruction, describe it and it's location. There was no obstruction. 26. If the accident occurred at an intersection, state with regard to you or your driver (whichever applicable): Not applicable. (a) nature of traffic controls facing you or your vehicle at intersection; (traffic light, stop sign, etc.); (b) color of traffic light, if any facing you or your vehicle; (c) if you saw the traffic light at the intersection state the distance you 13 or your vehicle were from the intersection at first and last time you saw the color of traffic light; (d) at what speed was you vehicle traveling at the times referred to in paragraph (c) above; (e) whether you vehicle was in the process of making a turn, if so, state whether you vehicle was making a right or left turn and what signals, if any, were given; (f) whether the other vehicle involved in the accident was in the process of making a right or left turn and whether you saw any signal for said turn and what kind of signal was seen. 27. State exactly where the point of impact occurred, noting the location in feet from all curbs or other landmarks. Defendant hit Plaintiff's car three times on the right hand side of Plaintiff's car. The front, middle and rear of the care were impacted. The impact occurred while both vehicles were driving north on 1-83 as described above and in the Complaint. (a) if the impact took place at the intersection, state if the location in feet from all corners of the intersection; (b) if the impact did not take place at an intersection, the corresponding house adjacent to the Place of the impact as well as its distance from adjacent curbs; if any; (c) if the impact took place on the highway: state in which lane or lanes the impact occurred. 28. Did you or your driver (whichever applicable) see the other involved vehicle or person before the accident? If so, state with reference to your driver or you (whichever applicable). Yes. (a) how far from the point of impact were you or your vehicle when the other vehicle or person was first observed; if you were driving the vehicle, at what speed were you traveling at the time; Plaintiff saw the tractor-trailer coming up from behind her in the right hand lane, but cannot say the distance between their vehicles when she first observed the tractor-trailer, or how far it was from when she first observed the Defendants' tractor-trailer to the initial point of impact. Plaintiff was going approximately 55 14 mph when she first observed the Defendants' tractor-trailer. (b) how far from the point of impact was the other vehicle or person when first observed; if another vehicle is involved, at what speed was the vehicle traveling at that time. See response (a) above. Defendants' tractor-trailer was going over 55 mph because it was catching up to Plaintiffs vehicle and eventually began to pass her vehicle. 29. Did you or your driver (whichever applicable) make any further observations of the other vehicle or person after the first observation. If so, state: Yes. Plaintiff observed the Defendants' tractor-trailer as it hit her car three times. (a) respective speeds of each vehicle at the time of each observation; Plaintiff was initially doing 55 mph~ and Defendants' tractor-trai!~r 'Nas do!ng more than 55 mph. The tractor trailer continued at its same rate of speed, and Plaintiffs vehicle slowed down during and after the accident. (b) respective distances of each vehicle or person from point of impact at each observation. The tractor-trailer was to the immediate right of Plaintiffs vehicle, and the distance decreased to 0 feet each time the tractor-trailer hit Plaintiffs vehicle. 30. Between the time you or your driver (whichever applicable) last observed the other vehicle or person and the moment of impact, did the speed of your vehicle vary. If so, describe fully. Yes. Plaintiff began to slow down after the Initial Impact and eventually came to a stop after the Third Impact. 31. Describe in detail what you or your driver (whichever applicable) did to avoid the accident or incident; how far were you or your vehicle from the ;point of impact when such action was taken and how far was the other vehicle or person from the point of impact when such action was taken. There was no way for Plaintiff to avoid the accident because she was in a convertible trapped between a tractor-trailer and a concrete median barrier. She was forced closer to the median barrier each time she was slammed into by the tractor-trailer. 15 32. State: (a) whether you or your driver (whichever applicable) was stopped or moving at the moment of impact; Moving (b) whether the other vehicle or person was stopped or moving at the moment of impact; Moving (c) whether any of the vehicles involved in this accident left any skid marks on the roadway. Identify each such skid mark, state the length, direction and location of it with regard to the curb line or other identifying structures in the area; Plaintiff does not know, but does not recall the tractor-trailer braking at it repeatedly hit her car. 33. State in detail the injuries or diseases that you allege that you have suffered as a result of the referred to in the Complaint. Sprained wrists Neck pain Left shoulder pain Back pain Left leg pain Left eye floater 34. State whether you were confined to bed or your home as a result of the injuries alleged to have been sustained in the incident involved in this action. If so, state the length of the time you were confined to each and the dates thereof. Plaintiff stayed home the day of and after the accident. She has subsequently stayed at home because of the back and leg pain, although she does not know the exact dates. 35. If you received medical treatment or examinations (including x-rays) because of injuries or diseases you suffered as a result of the incident, identify: Plaintiff went to her family doctor the day after the accident and to the chiropractor who took x-rays. She has continued to see a chiropractor. She also 16 had her left eye examined (a) Each hospital at which you were treated or examined. N/A (b) The dates on which each such treatment or examination at a hospital was rendered and the charges by the hospital for each. N/A (c) Each doctor or practitioner by whom you were treated or examined. White Rose Family Practice Dr. Loretta Schmidgall Dr. Thomas Pheasant (Retina Consultants) Dr. Herd (Herd Chiropractic Clinic) Dr. Christensen (Christensen Chiropractic) (d) The dates on which each such treatment or examination by a doctor or practitioner was rendered and the charges for each. White Rose-- August 12, 2003 Dr. Herd-- August 21, 2003 Dr. Schmidgall and Dr. Pheasant - August 19, 2003 Dr. Christensen-- Various. (e) All reports regarding any medical treatment or examinations, setting forth the author and date of such reportR. Previously produced in informal discovery. 36. If you have incurred any bills or expenses in connection with the injuries of diseases which you suffered because of the incident referred to in the Complaint, and such bills and expenses are not otherwise listed in the answer to these Interrogatories, set forth the amount for each such bill or expense, the service for which the bill or expense was incurred, and the identity of the person who rendered the bill or who was involved in the expense. All bills for treatment that Plaintiff has been able to locate have been previously produced in informal discovery. 37. Describe any pain, ailment, complaint, injury or disability that you presently have as a result of the incident here involved. 17 Continued back, leg and neck pain, and left eye floater. 38. State whether you are still under treatment for the injuries alleged to have been sustained in the incident involved in this action. If so, state the name and address of the person who last treated or examined you for the injuries with date and place where treated or examined. Yes. Dr. Barbara Christiansen, Pennsboro Commons, 354 E. Penn Drive, Enola, P A 17025. Various treatment dates. 39. Either prior to or subsequent to the incident referred to in the Complaint, have you ever suffered any injuries or diseases in those portions of your body claimed by you to have been affected by the incident referred to in the Complaint? rf so, identify: (a) The injuries or diseases you suffered; No specific injury or disease, but Plaintiff had experienced some back pain prior to the accident. She had not experienced any severe back pain in the 10 years prior to the accident. The back pain she experienced after the accident was much more severe than any pain she had experienced prior to the accident. (b) The date and place of any incident, if such an injury or disease was caused by an incident; N/A (c) All hospitals, doctors or practitioners who rendered treatment or examination because of any such injuries or diseases; Plaintiff had seen various Chiropractors in the past for back pain, but none in the 10 years before the accident. (d) Anyone against whom a claim was made, and the Court, term or number of any claim or lawsuit that was filed in connection with any such injuries or diseases; None. (e) If claim and/or lawsuit was brought by you pertaining to said impairment, describe the person and! or company against whom the claim was made, the manner in which the claim was made and if a lawsuit was involved, .the Court term 18 and number of said suit. Not applicable. 40. Aside from the accidents or incidents mentioned above, have you been involved in any other accidents or incidents in which you sustained damages and/or injuries. If so, state the nature of the incident, the place and date on which it occurred, the names and addresses of all persons involved, the injured and impairments sustained by you and the Court, term and number if any lawsuit commenced as a result thereof. None. 41 . If you allege that the incident here involved aggravated a pre-existing condition, state whether you have recovered from said condition at the time of the incident and describe in detail all treatment which had been received by you for said pre-existing condition with the names and addresseR of RII doctors and hospitals involved with dates of medical care. Plaintiff's prior back pain, other than normal aches after exertion, etc, had resolved itself prior to the accident, and she had not been treated for back or leg pain in the 10 years prior to the accident. She had previously seen Dr. Zigafose in Abbotstown, and Dr. Harcourt in York for her back pain. 42. State whether you have applied for or received any unemployment compensation benefits since the incident, and if so: the Rmounts received and the period covered by the payments. No. 43. At the time of the incident, what was the nature of your employment and/or occupation? Describe your usual duties and labors. Administrative Assistant-secretarial and office manager in nature. Computer and phone work and various tasks within the office. 44. For the period of three years immediately preceding the date of the incident referred to in the Complaint, state: (a) The names and address of each of your employers or, if you were self-employed during that period, each of your business addresses and names of the business while self-employed; 19 McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, PA 17101 Kinsley Construction, 2700 Water Street, York, PA 17405 (b) the date of commencement and termination of each of your periods of employment or self-employment; MWN- April of 1996 to present. Kinsley-- January of 2003 to present (c) A detailed description of the nature of your occupation in each employment of self-employment; Secretarial (d) The amount of income from employment and self-employment for each year. (Attach your Federallncorne tax return for each year) Federal income tax returns are beino oroducp-d for 2003 and 2004. The 2005 .- -.- return is not yet finalized. 45. If you have engaged in one or more gainful occupations subsequent to the date of the incident referred to in the Complaint, state: (a) The name and address of each of your employers or, if you were self-employed, each of your business addresses and the name of the business while self-employed; Same as above. (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) A detailed description of the nature of your occupation in each employment or self-employment; (d) The wage, salary or rate of earnings received by you in each employment or self-employment. (Attach your Federal Income tax return for each subsequent accident); (e) The dates of all absences from your occupation resulting from the injuries and diseases suffered in this incident. Set forth the amount of any earnings or other benefits lost by you because of such absences. 20 46. State whether, as a result of the incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, stating with particularity (a) the duties and/or activities you have been unable to perform, and (b) the periods of times you have been unable to perform, and (c) the names and last known addresses of all persons having knowledge thereof. Plaintiff can still perform her occupational duties when she is at work for the most part. As stated above, there are times that she cannot work because the back, leg and neck pain is too great. Most days she tried to push through it. As far as her social activities, she cannot do the same things as she used to prior to the accident. Specifically, long walks, taking flights of stairs, extended trips in cars, planes, etc., anything that involves sitting for long periods of time and surfaces that do not support her back properly, sitting on hard surfaces, such a picnic benches, and the floor, mowing grass with push mower, along with using the riding mower, various other types of yard work where you need to get up and down often, house cleaning, helping to lift her parents when they were sick, not being able to jay flat for medical tests, getting out of bed on only one side, dance lessons, cross-country skiing, shopping and much more. She resent always having to guard her back hoping thrlt wh;:jtever she is doing won't prompt that extreme po:n th~t can be debilitating. 47. If you claiming loss of earnings or earning power as a result of the incident, state the total amount of such loss and show in detail how the amount of the alleged loss was computed. Plaintiff is not claiming loss of earning power. She has lost earnings as a result of sick days and/or missed work because of the back pain. The amounts claimed are set forth in the Complaint; which is incorporated herein by reference. 48. Did you sustain any financial losses as a result of the incident other than those covered by the preceding Interrogatories? If so state: Yes. This information has already been provided in informal discovery and is set forth in the Complaint, which is incorporated herein by reference. (a) In detail, the nature, date and amount of such additional loss; (b) If claim is made for household help, state the name and address of each person employed, the period of employment, the amount actually paid to such persons, and whether you employed domestic help prior to the date of the incident. 49. State whether you have received or agreed to received from any party any sum or thing of value for any injuries or damages resulting from the incident referred to 21 in the Complaint and if so, state the amounts received or to be received, dates of payment, and names and addresses of payers; state the names, business and employer of the custodian of said writing. Defendants' claims adjustor made certain payments associated with the damage to the vehicle. Erie Insurance Company has made certain payments of medical expenses, although Plaintiff does not know the exact amount Erie has paid. 50. State your social security number, Blue Cross and Blue Shield numbers, Veteran's Claim number and the name of any health and accident insurance company covering any injuries named. Objection as to social security number for privacy and security reasons. Blue Cross and Blue Shield-- ID#YWP80051721900 51. State the name of anv hosoit81i7Rtion or workmen's comn,...ensation . . insurance company, welfare fund, beneficial association or any other entity covering any injuries or losses sustained as a result of the incident involved in this case, or any prior subsequent accident, injury, illness or disability. As to the current accident related injuries, this information has already been provided above and before. As to any prior or subsequent illness, this question is objected on the basis that it is overbroad and is not related to the type of injuries suffered in the accident, and as such, violates Plaintiff's privacy rights and HIPPA. Without waiving this objection, there has been no subsequent treatment for any injury from another cause that is related to the same areas where Plaintiff was injured from the accident. As to prior treatment, Plaintiff was not treated for her back or left leg pain at all in the ten years prior to the accident, and has no record regarding who paid for this prior treatment. 52. Please list all motor vehicle owned by you or your family members residing in your household on the date of the accident. Vehicle involved in the accident and described in the Complaint, which is incorporated herein by reference. If you listed any vehicles above, please list all automobile insurance carriers and the corresponding policy numbers, if any automobile insurance was maintained on any of these vehicles. 53. Of these insurance polic(ies) listed above, please state the 'Tort 22 I ~- Threshold" applicable to that/those polic(ies). Not applicable since the Defendants' vehicle is registered in Maryland. 54. Please list the insurance company and policy number for any other insurance polic(ies) not detailed above, which you claim provides you with a "Tort Threshold" for subject motor vehicle accident and state the applicable tort threshold maintained by that policy. None. AS TO OBJECTIONS McNEES WALLACE & NURICK LLC I VL )lf2.~t( / J nathan H. Rudd .0. No. 56880 / 100 Pine Street P.O. Box 1166 H::lrri~hIJrn PA 171nR -- - - - -- -.. -.=J' . . - .. . - - (717)232-8000 Dated: Marcn}7, 2006 23 CERTIFICATE OF SERVICE ~ I, Jonathan H. Rudd, Esquire, hereby certify that on thi~ day of March, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 /~~ )I- ~t{ / Jon,athan H. Rudd VERIFICATION I, Brenda J. Landis, verify that the factual statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. ]' r-.I "/ I i "- '. Ii" 'I . J I (; -1,' l.r. _" \ ,:'rk1_-,/iJ~) , -. l' ...... ~ Brenda J. LandIs Dated: (3 -(~)7-Ci0 EXHIBIT "c" ... CCLR . . . . Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Servi~es www.cclrinc.com ... BRENDA J. LANDIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CARROLL A. QUARLES, ET AL No. 05.3921 ~~OTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MCNEES. WALLACE & NURICK. LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108 AT1: ''''!!II n. .... ~~._ --. '-~"'N I ',..f-- '"'''' ^ TU ^ "'!-! PI Inn ~~f"\! !!P~ ~...,....r't. " "... ". '''___. ____'1 ,_ COpy Please take notice there has been a request by REGINA M. VOGELSONG, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to BRENDA JANE LANDIS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of sucr. records and also a Counsel Retum Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from YOll to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: May 17. 2006 Enclosures: Copy (copies) of Subpoena(s) Counsel Return Page (:cM1)NWJ:7\f.TH OF PENNSYLVANIA COUNI"i OF ~ND BRENDA J. LANDIS vs Fi Ie No. 05-3921 CARROLL A. QUARELS, ET AL 'SUBP<ENA TO PQOOlX;E DCX:U1ENTS OR ntl NGS FOR 0 I SCOVERY PURSUANT TO R!JLE 4009.22 ro: ERIE INSURANCE GROUP (Nane of Person 0/'" Ent; ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to )t"Oduce the fo 1 lowing docunents or things: ANY & ALL RECORD, REPORTS, MEMOS. OCUMENTS, ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING POLICY # Q09-3003177 H. it CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may de liver or mail 1 eg i b 1 e 00p ies of the docunents or produce th i ngs requested by :,his subpoena, together with the certificate of oc::rrpliance, t:A) the party making this ~equest at the address 1 isted above. You have the right to seek in .advance the reasonable :cst of preparing the copies or producing the things sougt'lt. f f you fa; 1 to Produce the docunents or things required by this subpoena within twent.y (20) day~ aft~ H::s s=~ic€:, the party serving this subpoena. may seek a OXJrt O!'der Xf'11'elHng you to carply with it. BY 'THE: OOJRT: Division )ATE: h1~ Jf. dla:Y? Seal of he Court Oeputy (Eff _ 7/97) (~TfI OF J?~V1\NI1\ COUNrY OF a.JMBrnI1.\NO BRENDA J. LANDIS VS Fi le No. 05-3921 CARROLL A. QU~RELS, ET At .SUBPOENA TO PRCOUCE (')()C.'U-f::NTS OR lH I NGS F~ 0 r $O)VERY ~SUANT TO RULE 4009.22 TO: INDEPENDENCE BLUE CROSS (N;ne of Person or Ent i ty) Within twenty (20) days aft.er service of this subpoena, you are ordered by the Court to produce the following docunent:s or things: ANY & ALL BLUE CROSS BLUE SHEILD RECORDS, lNCLUDING BUT NOT LIMITED TO EXPLANATION OF BENEFITS, REPORTS, M~MU~, DOCUMENTS, ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING 10# YWP80051721900. at CENTER CITY LEGATJ REPRODUCTIONS, iNC. (Address) You may deliver or mai 1 legible copies of the docunents or produce things requested by this subpoena, together with the certificate of c:x:rrc:>>1iaoce, to the party making this request at the address listed above. You have the right t..o seek in advance the re~le cost of prepar i ng the cop i as or produc ing the th ings sou9~t. 'f you fai t to produce the docunents Of' things required by this subpoena within twenty {20} days ilft~~ iLs serv;ce, the party serving this subpoena may seek a court. or-der <XITlJe 1 Hng you to CCJ'l1) ly with it. nus SUBPOENA WAS ISSUED AT THE REQJEST OF WE FOLLCWING PERSON: ~: REGINA VOGELSONG, E~QUIRE AOORESS: CCLR, Inc. ----1~o.ad..St~920 TELEPHONE :'. . 1.9109.- SlSlR8'-E cx:urr I 0 #~ '7~?-:t.:S-7..2-. ATTORNEY FOR~ D~~ DATE: jY}~ /~. ~~ Sea 1 0 the Court - BY TI-E ~T: . 1 prot~~i1 D;v;sion ~ty (Eff. 7/91) ~TH Of' PF.mJSYLV1\NJA COUNrY OF alMBrnU\ND BRENDA J. LANDIS VS Fi le No. 05-3921 CARROLL A. QUARELS, E'r AL 'SUBPCeNA TO PROOU:E oco..I"ENrS OR TH I NGS FOR 0 I SOOVERY pURSUANT TO RULE 4009.22 TO: KINSLEY CONSTRUCTION (Hane of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: ANY & ALL EMPLOYMENT/PERSONNEL RECORDS, INCLUDING WORKERS COMP CLAIMS, DATES OF ATTENDANCE, APPLICATIONS. REVIEWS: EVALUATIONS, EARNINGS, MlmICAL REPORTS, ETC., PERTAINING TO BRENDA JANE LANDIS. CENTER CITY LEGAL ~EPRODUCTIONS, .INC. at (Address) You may del iver or mai 1 legible copies of the docunents or prodtJce things requested by this subpoena, together with the certificate of CXXTl>1iance. to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sous"'t. I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) daj'!:; ~ft~ its s~-vice, the party serving this subpoena may seek a court O!"d<U' OO'l"pe 11 i ng you to COTp 1 y with it. l1i (S SUBPOENA WAS I SSUED AT THE REQUEST OF 1HE FOLLCW I NO PERSON: ~: REGINA VOGELSONG, ESQUIRE ACCRESS: eClR, Inc. 12tL8~ B'a.BJ1.St~SlU920 TELEPHONE: flli~9-. SlJ'R~ ~T 10 ~~15~-1177 ATTORNEY FOO:~ D FEN ANT DATE: m~ / 1. ~4::?~ Seal o. he Oourt -- BY ~ <nJR~: ~ ~ Pro t.ar~ . i 1 Oivision Deputy (Eff. 7/97) ~TH OF PJ:NNSYIN1\NJ.l\. COUNlY OF ~ BRENDA J. LANDIS VS Fi le No. 05-3921 Cl\RROLL A. QUARELS, ET AL SUBPOENA TO PR~ ooa..tENTS OR TH I NGS FOR_D I SO::>VERY P~SUANT TO RUlE 4009.22 TO: MCNEES, WALLACE, NURIC1<, LLC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to _..L. th f 11 . ""'-- -~-t ...L . ANY & ALL EMPLOYMENT I PERSONNEL RECORDS, p, vuuCe e 0 Chi' ng UU\..OU 'I'::{ I S or l,.{ 11 ngs _ INCLUING WORKERS COMP ~LAI~1S, ~~!ES OF ATTENDANCE, APPLICATIONS, REVIEWS, EVALUATIONS, EARNINGS, MEDICAL REPORTS, ETC., PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, . INC. (Address) You may deliver or mail legible copies of the docunents or produce things r~ested by this subpoena, together with the certificate of oc::rrpliance, to the party making this request at the address 1 isted above. You have the dght to seek in advance the reasonab Ie cost of preparing the copies or producing the things sougnt. If you fail to produce the docunents or things required by this subpoena within twenty (2C) days after its service, the party serving this subpoena may seek a court or-der CXJ'Tpe 11i ng you to CO'I'f) 1 y with it. TH f S SUBPOENA WAS I SSUEO AT ll-lE REQJESi OF 1HE F<X.LON I NG PERSON: ~: REGINA VOGELSONG, ESQUIRE ADDRESS: CCLR,lnc.. -~St----StLt920 TElE~E : SUPRfJ"E <XUrr ID tt~1+77 ATTORNEY FOR: D~FENdANT BY 1l-lE COJRT: 1 Division ~ATE: 111~ J1. d~OL_ Seal o~ he Oourt Pro Deputy (Eff. 7/97) ~T.H OF P~YLVANIA axJNI'Y OF aJMBEIU ANn BRENDA J. LANDIS VS Fi le No. 05-3921 CARROLL A. QUARELS, ET AL - SUBPOENA TO p~ OOCU1ENTS OR 1li I NGS FOO 0 I S(X)VERY ~SUANT TO RULE 4009.22 .0: WHITE ROSE FAMILY PRACTICE (N~ of Person or Ent ;ty) Wit.hin twenty (20) days after service of this subpoena. you are Ot'dered by the court to produce the following docunents Of' things: ANY & AJ..L MEDICAL RECORDS, FILMS, PEPORTS, OF~ICE NCT:S, ~ROGRESS ~E?ORr-S, DOCTORS ~uTES, CHARTS, SUMMARIES, TEST RESULTS, EVLAUATIONS, ETC., PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mai 1 legible copies of the docunents or produce things requested by t.his subpoena, together with the certificate of CXIl1>liance, to the party making this reqvest at. tho address 1 isted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the t.hings sou9f'\t. f f you f'~i 1 t..o produce the doct...~nts 0,- things f-e4U ired by this subpoena within twenty (20) days after its servic~, the party serving this subpoen"l may seek a court or-d<er ~e 11 ing you to CCIllJ ly with it. 1l-f(S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLL~'NG PERSON: NAME: REGINA VOGELSONG, ESQUIRE AOORa:;SS: CCLR, Inc. --1~LabU920 TELEPH::)NE:~.19.1O!L ~R8"E <XX.JRT I D '* ' ATTORNEY FOR: D FEN ANT BY lHE OOJRT: vi 1 Oivision DATE: m~ /9.~? Sea 1 of e- Court ~ Deputy (E:ff. 7/97) EXHIBIT "D" Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION OBJECTION TO SUBPOENA DiRECTED TO INDEPENDENCE BLUE CROSS AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon Independence Blue Cross as overbroad, and seeking information that is not relevant, nor likely to lead to discovery of admissible evidence. The proposed subpoena to Independence Blue Cross seeks any and a!! Blue Cross/Blue Shield records ielated to Plaintiff. Piaintiff has oniy put her musculoskeletal condition. primarily her low back and left leg, at issue in this Im.vsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit. Accordingly, Plaintiff objects to the overbroad nature of this subpoena, and would only agree to a subpoena limited to records related to her musculoskeletal condition or treatment. Respectfully Submitted: McNEES WALLACE & NURICK LLC ~ /Br= J I . No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1, 2006 CERTIFICATE OF SERVICE (\1.--- I, Jonathan H. Rudd, Esquire, hereby certify that on this _ day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin. Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 /r }LU1 ( Jo than H. Rudd - '--"- - Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION OBJECTION TO SUBPOENA DiRECTED TO ERIE INSURANCE GROUP AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon Erie Insurance Group as overbroad, and seeking information that is not relevant, nor likely to lead to the discovery of admissible evidence. The proposed subpoena to Erie Insurance Group seeks any and all records ielated to Plainiiff. Piainliff has oniy put her muscuioskeietal condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit. Accordingly, Plaintiff objects to the overbroad nature of this subpoena, and would only agree to a subpoena limited to records related to her musculoskeletal condition or treatment. Respectfully Submitted: t'v1cNEES WALLACE & NURICK LLC -Y- (/ J nathan H. Rudd .D. No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1,2006 CERTIFICATE OF SERVICE IS 1-- I, Jonathan H. Rudd, Esquire, hereby certify that on this +- day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 rV-~ C Jon han H. Rudd Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 1 00 Pine Street P.O. Box 1166 Harrisburg, P A 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADUNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION OBJECT:O~J TO SUBPOEi..A DiRECTED TO WHITE ROSE FAMILY PRACTICE AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon White Rose Family Practice as overbroad, and seeking information that is not relevant, nor likely to lead to discovery of admissible evidence. The proposed subpoena to White Rose Family Practice seeks any and all records related to Plaintiff. Plaintiff has ufliy put her muscuioskeietai condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit. Accordingly, Plaintiff objects to the overbroad nature of this subpoena, and would only agree to a subpoena limited to records related to her musculoskeletal condition or treatment. Respectfully Submitted: McNEES WALLACE & NURICK LLC B /" J athan H. Rudd . No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1, 2006 CERTIFICATE OF SERVICE ,I ~f-- I, Jonathan H. Rudd, Esquire, hereby certify that on this L day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 ,~~ (//J . athan H. Rudd \......./ Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 1 00 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION OBJECTiON TO SUBPOENA DiRECTED TO McNEES, WALLACE & NURICK, LLC AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon McNees Wallace & Nurick LLC as overbroad, and seeking information that is not relevant, nor likely to lead to discovery of admissible evidence. Defendants propose to serve a subpoena seeking reviews, evaluations and rnedi{';Cli reports, etc. The requests for reviews, evaluations, and medical reports is overbroad and seeks information that is not relevant nor is it likely to lead to the discovery of admissible evidence. Plaintiff has only put her musculoskeletal condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit, as well as her reviews and evaluations. Respectfully Submitted: Jo athan H. Rudd I. . No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1, 2006 CERTIFICATE OF SERVICE \y I, Jonathan H. Rudd, Esquire, hereby certify that on this J..:: day of June, 2006, a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 ~~~ (/ Jon han H. Rudd "-..../. Jonathan H. Rudd, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5405 - phone (717) 237-5300 - fax jrudd@mwn.com ATTORNEYS FOR PLAINTIFF BRENDA J. LANDIS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3921 CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION nR 1I=I'TlnM Tn C::IIROnC"-!^ n!DCI'TCn Tn ---...--..-.. .- --..... -.....~..".'......"..... .""" KINSLEY CONSTRUCTION AND NOW, comes Plaintiff, Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and objects to the subpoena to be served upon Kinsley Construction as overbroad, and seeking information that is not relevant, nor likely to lead to discovery of admissible evidence. Defendants propose to serve a subpoena seeking reviews, evaluations ~nn "",orfi,...~1 ror'U"Mt' ,..,,+,... Th", "'''''". ".'\1'''+'''' -f"r ...,..."i,...,..,,... _,,_111_4-:__,.., __....I _____,.1:...._1 ....___-"_ :.- .......u III"'YlvU. ''''tJ\J'I'''''', v,,'-'. "Iv 1\J""1Uv..:H~ IVI I~VIC;;YY';), C:;:YCUUOI.IUII.;:), allU IIICUI\"all'C::;tJUI"~ I;:) overbroad and seeks information that is not relevant nor is it likely to lead to the discovery of admissible evidence. Plaintiff has only put her musculoskeletal condition, primarily her low back and left leg, at issue in this lawsuit, and Plaintiff maintains her right of privacy regarding all other medical conditions unrelated to the claims asserted in this lawsuit, as well as her reviews and evaluations. Respectfully Submitted: McNEES WALLACE & NURICK LLC Y ~~Vf }nathan H. Rudd /f.D. No. 56880 1 00 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Dated: June 1, 2006 CERTIFICATE OF SERVICE y-r I, Jonathan H. Rudd, Esquire, hereby certify that on this L day of June. 2006. a true and correct copy of the foregoing document was served by first-class, United States mail, postage prepaid, upon the following: Theodore M. Schaer, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 ~~iLhJ{ /' Jo athan H. Rudd ,/ / , I \~ VERIFICATION THEODORE M. SCHAER, ESQUIRE, hereby states that he is the attorney for the Defendants in this action and verifies that the statements made in the foregoing Motion to Strike Objections to Subpoena(s) are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BY: CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the foregoing Motion to Compel was made on this date by first-class mail, postage pre-paid to the following: Jonathan Rudd, Esquire McNees Wallace & Nurick 100 Pine Street Harrisburg, PA 17108 DATED: !J12-Ob " ) " ---I . ,l ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. BY: Theodore M. Schaer, Esquire Identification No.: 49580 Attorney for Defendants 1515 Market Street, Suite 1200 Philadelphia, Pennsylvania 19102 215-569-2800 BRENDA J. LANDIS Plaintiff COURTOFCO~ONPLEAS CUMBERLAND COUNTY vs. CNIL ACTION CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROADLINK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants DOCKET NO.: 05-3921 JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Woody Yarwood on behalf of Defendant, Eastern American Transport & Warehousing, Inc. (improperly identified as Roadlink USA East, LLC) to Defendants' Answer with New Matter, for the Verification filed by the attorney of record. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. BY: T DaRE M. SCHAER, ESQUIRE - r VERiFICATION tU()()t! (~u.'oIJD ( p~me hereby state that I an authorized representative on behalf of and EASTERN AMERlCAN TRANSPORT & W ARRHOUSING, INC., d.b.a EASTERN/GPS (IMPROPERLY IDENTIFIED AS ROADLINK USA EAST, L.L.C.) parties to the within action and that the statements made in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of my knowledge, infonnation and belief r lmderstand that the statements made herein are made su~iectto the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Zrt:l<t. /)1 117 LANDIS/TMS - VERIFICATION THEODORE M. SCHAER, ESQUIRE, hereby states that he is the attorney for the Defendants in this action and verifies that the statements made in the foregoing are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ZARWlN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. ByillIl&M~ . Scm~ THEODORE M. SCHAER, ESQUIRE . .""" CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the foregoing Praecipe to Substitute Verification was made on this date by first-class mail, postage pre-paid to the following: Jonathan H. Rudd, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. DATED: i'\ ~~ \D~ By:1Vufrl8(t rY\ . ~L THEODORE M. SCHAER, ESQUIRE . . r-~.) C'J -11 :::-1 fll;r] ..~-" C..".:! w.' \.C. ~J rv . BRENDA J. LANDIS Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA V. : CIVIL ACTION CARROLL A. QUARLES, THEODORE R. WEDDINGTON, : NO. 05'3921 CIVIL ROADLlNK USA EAST, L.L.C. and EASTERN AMERICAN TRANSPORT & WAREHOUSING. INC. Defendant : JURY TRIAL DEMANDED ORDER OF COURT AND NOW. this 19th day of July. 2006, upon consideration of the Defendant's Motion to Strike Objections to Subpoenas. IT IS HEREBY ORDERED AND DIRECTED that a Rule shall issue upon the Plaintiff to show cause why the Defendant's Motion should not be granted. The Rule is returnable on or before August 10. 2006. IT IS FURTHER ORDERED AND DIRECTED that a Discovery Conference in this case shall be held on August 23, 2006 at 1 :30 p.m. in the jury deliberation room of Courtroom No.5 of the Cumberland County Courthouse. Carlisle. Pennsylvania to determine the necessity of holding further hearings in this matter. By the Court, ""'\ M. L. Ebert. Jr., Jonathan Rudd, Esquire Attorney for Plaintiff Theodore M. Schaer, ESqUire\~ ~ Regina Vogelsong, Esquire / 1-.;Jo- "t, Attorneys for Defendants a.. bas 1..7: 111"1 O? .. '-, " "' OJ ~ Jonathan H. Rudd, Esquire McNees Wallace & Nurlck LLC Attorney I.D. No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5405 (phone) 717-237-5300 (fax) Attorneys for Plaintiff BRENDA J. LANDIS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3921 CARROLLA. QUARLES, THEODORE R. WEDDINGTON. ROADLlNK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants : CIVIL ACTION PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S OBJECTIONS TO SUBPOENAS AND NOW, comes. Plaintiff Brenda J. Landis, by and through her attorneys, McNees Wallace & Nurick LLC, and makes the following answer and show of cause as to why Defendants' Motion to Strike Plaintiffs Objections to Subpoenas should not be granted. 1. Admitted. 2. Admitted with the qualification that the handwritten notation on Exhibit "A" next to paragraphs 51 and 52 that states: "50ft tissue neck & back" was not on the Complaint when it was filed, and was apparently added by someone else after the Complaint was served on the Defendants. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted with the qualification that Defendants requested Plaintiff's Blue Cross and Blue Shield numbers. Plaintiff provided one number, which is her Capital Blue Cross number. Plaintiff does not believe that Capital Blue Cross and Blue Shield/Highmark have any continuing relationship, and does not believe that Blue Shield/High mark has any records relevant to this matter. 9. Admitted. Additionally, Defendants served Notices of Intent to Serve Subpoenas upon Dr. Barbara Christensen, Harcourt Chiropractic/Dr. Harcourt, Herd Chiropractic Clinic, Loretta K. Schmidgall. M.D.. and Thomas Pheasant, M.D. to which no objection was filed. 10. Admitted. In addition to the formal objections, Plaintiff's counsel sent Defendants' counsel a letter on June 1, 2006, explaining the basis for the objection. A copy of this letter is attached hereto as Exhibit "A". In this letter. Plaintiff's counsel stated: We have no objection to the service of the subpoenas as proposed on Dr. Barbara Christensen, Harcourt Chiropractic/Dr. Harcourt, Herd Chiropractic Clinic, Loretta K. Schmidgall. MD, and Thomas Pheasant, MD. We do have objection to the subpoenas directed to Erie Insurance Group, Independence Blue Cross, McNees Wallace & Nurick LLC, Kinsley Construction and White Rose Family Practice. We are serving you with copies of our objections to these subpoenas. As you will note, we are objecting to these latter subpoenas as overbroad, and seeking information that is not relevant nor likely to lead to discovery of admissible evidence. 11. Admitted in part; denied in part. Plaintiff admits that Plaintiff's health care providers, insurance carriers and employer have relevant information, and Plaintiff's counsel made clear in his letter of June 1, 2006 that Plaintiff had no objection to the disclosure of information relevant to this lawsuit. However, Plaintiff objected to the overbroad nature of the subpoenas which sought all medical records regarding Plaintiff regardless of their connection to the claims asserted in the Complaint. Plaintiff has a right to privacy to medical information that is not related to the claims asserted in the Complaint. For the most part, Plaintiff's claims set forth in the Complaint relate to her musculoskeletal condition, or left eye. Plaintiff has not objected to the subpoenas directed to her eye doctors. Further, Plaintiff has not objected to the subpoenas directed to her chiropractors, since their records would relate directly to her musculoskeletal condition. However, Plaintiff has objected to the subpoenas directed to her family physician, insurance companies and employer to the extent that these records would relate to medical services that have no relationship to the physical conditions at issue in the lawsuit. Without disclosing the other medical treatment Plaintiff has received, Plaintiff's commencement of the lawsuit complaining of musculoskeletal pain as a result of the tractor-trailer accident does not automatically provide Defendants with the right to invade her privacy as to medical treatment which has no relationship to the matters complained of in the Complaint. The federal Heath Insurance Portability and Accountability Act of 1996 ("HIPAA") was passed specifically to safeguard patients' privacy with respect to their medical records. See 42 U.S. ~1320d et sea. (Generally, HIPAA pre-empts state law on the subjects covered by HIPAA unless state law provides even greater protection for health information. See 42 U.S.C. 91320d-7(a)(1 )). Subsequent to the passage of HIPAA, the Secretary of Health and Human Services issued regulations to protect the privacy of patients' health information. See 45 C.F.R. 9164.500 et sea. One of the overriding themes of the HIPAA regulations is that disclosure of protected health information must be limited to the minimum necessary to accomplish its intended purpose. The regulations provide at Section 164.502(b) as follows: (b) Standard: Minimum necessary. (1) Minimum necessary applies. When using or disclosing protected health information or when requesting protected health information from another covered entity, a covered entity must make reasonable efforts to limit protected health information to the minimum necessarv to accomplish the intended purpose of the use. disclosure. or reauest. (Emphasis added). Section 164.512(e) of the regulations specifically deal with disclosures for judicial and administrative proceedings, and provides in relevant part as follows: (e) Standard: Disclosures for judicial and administrative proceedings. (1) Permitted disclosures. A covered entity may disclose protected health information in the course of any judicial or administrative proceeding: (i) In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order; or (ii) In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if: ... (8) The covered entity receives satisfactory assurance. as described in paragraph (e)(1 )(iv) of this section. from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1 )(v) of this section. See 45 C.F.R. ~164.512(e). (45 C.F.R. ~164.512(e)(1)(ii)(A) does not apply since Plaintiff has made an objection to the subpoenas. See 45 C.F.R. ~164.512(e)(iii)(C)(1) & (2).) Defendants have not sought a qualified protective order from this Court and are attempting to serve subpoenas seeking all of Plaintiff's medical records related to all medical treatment. and not simply treatment that would be related to her musculoskeletal condition or left eye. The regulations specifically require such a protective order under these circumstances. See 45 C.F.R. 164.512(e)(v), which provides: (v) For purposes of paragraph (e)(1) of this section. a qualified protective order means. with respect to protected health information requested under paragraph (e)(1)(ii) of this section, an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that: (A) Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested; and (B) Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding. Under the circumstances, this Court should issue a qualified protective order limiting the disclosure of medical information to the minimum necessary to achieve its intended purpose. which would be the medical information related to Plaintiff's musculoskeletal condition and/or left eye. Further, the protective order should have the provisions set forth in 45 C.F.R. ~164.512(e)(v)(A) & (B) regarding limiting the use of the protected health information and requiring the return or destruction of the protected health information at the end of the litigation. 12. Denied. Defendants will not be severely prejudiced, or prejudiced at all, if they are precluded from obtaining irrelevant medical information. As set forth above, Plaintiff is not attempting to stop Defendants from obtaining relevant medical information. 13. Denied. For the reasons stated above, Defendants will suffer no prejudice as a result of being prohibited from obtaining irrelevant medical information. 14. Denied for the reasons set forth above. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendants' Motion to Strike Plaintiffs Objections to Subpoenas, and order Defendants to revise the subpoenas to comply with HIPAA and the regulations promulgated thereunder. and to limit the scope of the subpoenas to the medical information relevant to the claims asserted in this matter. Respectfully Submitted: McNEES WALLACE & NURICK LLC Jo athan H. Rudd I . No. 56880 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Dated: 61, loCo CERTIFICATE OF SERVICE I, Jonathan H. Rudd, Esquire, hereby certify that on this ~ay of August. 2006, a true and correct copy of the foregoing document was served by first-class. United States mail. postage prepaid, upon the following: Theodore M. Schaer, Esquire Regina Vogelsong, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, PC 1515 Market Street, Suite 1200 Philadelphia, PA 19102-1981 r\fM1 --------------- ~ t,<h1b.-t A . . , AVtY McNees Wallace & Nurick LLC attorneys at law JONATHAN H. RUDD DIRECT DIAl: (717) 237-5405 E-MAIL ADDRESS:JRUDD@MWN.COM June 1, 2006 Regina M. Vogelsong, Esquire Zarwin Baum DeVito Kaplan Schaer Toddy PC 1515 Market Street, 12th Floor Philadelphia, PA 19102-1981 FILE COpy RE: Landis v. Quarles, et al. Dear Regina: We are in receipt of a Notice of Intent to Serve a Subpoena to Produce Documents from Center City Legal Reproductions, Inc. We have no objection to the service of the subpoenas as proposed on Dr. Barbara Christensen, Harcourt Chiropractic/Dr. Harcourt, Herd Chiropractic Clinic, Loretta K. Schmidgall, MD, and Thomas Pheasant, MD. We do have objection to the subpoenas directed to Erie Insurance Group, Independence Blue Cross, McNees Wallace & Nurick LLC, Kinsley Construction and White Rose Family Practice. We are serving you with copies of our objections to these subpoenas. As you will note, we are objecting to these latter subpoenas as overbroad, and seeking information that is not relevant nor likely to lead to discovery of admissible evidence. If you have the subpoenas amended to simply limit the medical information to Plaintiff's musculoskeletal condition and treatment, we would have no objection. However, Plaintiff has a right to privacy regarding her other medical treatment unrelated to the claims asserted in this matter. Further, we believe the request for evaluations and reviews from her employers are not relevant nor likely to lead to discovery of admissible evidence. As I have indicated in the past to Ted, we want to cooperate in discovery in order to move this case forward toward a fair settlement or trial. However, we must protect Plaintiff's privacy rights and cannot simply allow the Defendants to obtain documents relating to medical conditions that have nothing to do with the claims asserted in this matter, or otherwise invade Plaintiff's right to privacy. p.o. Box 1166 '100 PINE STREET' HARRISBURG, PA 17108-1166' TEL: 717.232.8000' FAX: 717.237.5300' WWW.MWN.COM HAZLETON, PA ' LANCASTER. PA ' STATE COLLEGE, PA' COLUMBUS, OH . WASHINGTON, DC . ) Regina M. Vogelsong, Esquire June 1 , 2006 Page 2 Please give me a call if you have any questions regarding the above. Very truly yours, McNEES WALLACE & NURICK LLC --'~ JHRljmb Enclosure c: Brenda J. Landis () ~:;; ~"~ ~ <=> = "" ". e- G"} ~ ~:Il ~!ii ~_...!~ 05::li ~~ ~ ~ c:::> -0 ::r. ~? C') = 06-3325L " CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: BRENDA J. LANDIS - VS- CARROLL A. QUARLES, ET AL Court of Common Pleas Cumberland County No. 05-3921 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of REGINA M. VOGELSONG, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 8/28/2006 R~OG~~'~~ Counsel for Defendant f " ...... CCLR Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRENDA J. LANDIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CARROLL A. QUARLES, ET AL No. 05-3921 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JONATHAN H. RUDD, ESQUIRE MCNEES, WALLACE & NURICK, LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108 Please take notice there has been a request by REGINA M. VOGELSONG, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to BRENDA JANE LANDIS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: August 7, 2006 Enclosures: Copy (copies) of Subpoena(s) Counsel Return Page , . ... CCLR . . . . Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920,'l'fIlladelphla, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.celrinc.com BRENDA J. LANDIS CCLR File NO. 06.3325L V5. CARROLL A. QUARLES, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 8/4/2006 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes I no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X-Rays sent to me. yes / no (3) OBJECTIONS yes / no I understand that I may object to the Notice of Records Reproduction Request as Follows, and agree that my failure to do so on this Counsel Return Page shall serve as an agreement that the records reproduction service should proceed with the records collection process. (a) I object to the records reproduction service obtaining the yes / no records without a formal deposition. (b) I object to the records custodian mailing the original documents yes I no to the reproduction service. (c) I object to the records reproduction service taking the records yes I no out of the custody of the Records Custodian. (4) I would like to look at the records at a Center City location before yes I no deciding whether to order a copy. Date: Attorney for plaintiff(s) / defendant(s) JONATHAN H. RUDD, ESQUIRE MCNEES, WALLACE & NURICK. LLC 100 PINE STREET PO BOX 1166 HARRISBURG, PA 17108 , <XMf)NWFALTH OF pamsY!.VANIA rouNl'Y OF CUMBmIAND BRENDA LANDIS File No. 05-3921 VS CARROLL A. QUARLES, ET AL .' SUBPOENA TO PRODUCE DOO..tENTS OR THI NGS FOR DI SOOVERY ~SUANT TO RULE 4009.22 .,....... TO: CATHY CARPENTER, MD (Name of Person or Entity) , Within twenty (20) days after service of this subpoena. you are ordered by the court to ~..... th f 11 0 ...---t tho ANY & ALL MEDICAL RECORDS, REPORTS, ..,........ce e 0 OWlng ""'^"-",..., S or lngs: OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, ,CHARTS, SUMMARIES, TEST RESULTS, EVALUATIONS. ETC.. PERTAINING TO BRENDA JANE LANDIS. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible oopies of the docunents or produce things requested by this subpoena, together with the certificate of ClCJl1)1iance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable oost of preparing the oopies or producing the things sousl'>t. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order ClCJl1)e 11 ing you to ClCJl1) 1 y with it. llilS Sl.ePOENA WAS ISSUEO AT THE RE<U:ST OF TI-E FOLLONING PERSON: NAtE: REGINA VOGELSONG, ESQUIRE AOORESS: eCLR, Inc. t. Ste..1920 SUPR&E 00lm' 10 # ATTORNEY FOR: D TEl.EPH)NE : BY THE ~T: Prothonotary/Clerk, Civil Oivision DATE: Seal of the Oourt Deputy (Eff 0 7/97) o c: ?:: ""OG-., D;)[;' 4-c: Z)__ (j),' -/ . r';:' .....- ;:2 ~ " ...... = = "" "'" c:: G) N GO ~ :c m:Il -or;:; :,,<:;) t;ic.) :1.~ '~1 \2 C) 3m .-4 ~ "'" :J;: (-:? C" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY BRENDA J. LANDIS Plaintiff vs. CIVIL ACTION CARROLL A. QUARLES, THEODORE R. WEDDINGTON, ROAD LINK USA EAST, L.L.C., and EASTERN AMERICAN TRANSPORT & WAREHOUSING, INC. Defendants DOCKET NO.: 05-3921 ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. McNEES WALLACE & NURICK DATED: B\;}d \ C> ~ ~~ Jonathan H, Rudd, Esquire Attorney for: Plaintiff Identification No: S"6886 P. 0, Box 1166 100 Pine Street Harrisburg, PAl 71 08 o c::. -q~'\ fl.'.l' \....:.,.- . -~. ~~;;';.: ~ % ~ -v N --' ,~ \.....::::- ~~ ~ ~~ -o\Q 0'"( ?-2"q, -'5:;2 -s.,::_~ :3>. (:) :::-\ ~ t;? <.f\ \.D