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HomeMy WebLinkAbout06-0262BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, 1721 English Drive Mechanicsburg, PA 17055 Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r NO. O?o - dL ;tl_ (21 L V. STEPHEN J. FIDLER and DRI-WAY INC., 5222 E. Trindle Road Mechanicsburg, PA 17050 Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the Defendants in the above-captioned action. The Writ shall be issued and forwarded David B. Dowling, Esquire RHOADS & SINON LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs Sheriff of Cum erland County. k i l • (1 of Supreme Court ID No. 25452 Date: January 9, 2006 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: J?,J. // zOa? i C,? i Pr onotary YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. 591993 i Z9. tl7 w O 6 _s 1 I ot/) THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kpriceC&tth1aw.com Attorney for Defendants BRIAN T. ERICKSON and IN THE COURT OF COMMON PLEAS BARBARA A. ERICKSON, CUMBERLAND COUNTY, PENNSYLVANIA his wife, Plaintiffs CIVIL ACTION -LAW V. NO. 06-262 STEPHEN J. FIDLER and DRI-WAY INC., Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendants Stephen J. Fidler and Dri-Way Inc. in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP r C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE 'to AND NOW, this ZZ day of January, 2006, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: David B. Dowling, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire N n _ r?? "17 ? iS` ? ... 4. 'r't ^ R? ?_.:. ' V »'' [7 { ' _? t ' r (_., " / ] ` ? ' .t J d • THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I. D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com Attorney for Defendants BRIAN T. ERICKSON and IN THE COURT OF COMMON PLEAS BARBARA A. ERICKSON, CUMBERLAND COUNTY, PENNSYLVANIA his wife, Plaintiffs CIVIL ACTION - LAW V. NO. 06-262 STEPHEN J. FIDLER and DRI-WAY INC., Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule directing Plaintiffs to file a Complaint against Defendants within twenty (20) days or non pros seq. reg. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT ° ?', n , ? ?. tir' ? ??f FJ??-? i -. ? `?! tip, _-?y ?f"? S' C- .. ". ' r? ?'< ,2 -: THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY INC., Defendants Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-262 JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: Brian T. Erickson and Barbara A. Erickson c/o David B. Dowling, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 You are hereby directed to file a Complaint against Defendants within twenty (20) days or non pros seq. reg. Prothonotary DATED: 9-an 3 0, .1n%- c? __ ; ?+ r? ? _ ? -? ~ ? ? ,? n H t? ? TC , ???.. CFA;:..;. (w7 b Jv ? .J C^? -a.?._ 1 '_ -rn !- ;. O .... :<, t CASE NO: 2006-00262 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERICKSON BRIAN T VS FIDLER STEPHEN J ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STEPHEN J the DEFENDANT , at 1545:00 HOURS, on the 23rd day of January , 2006 at 5222 E TRINDLE ROAD MECHANCISBURG, PA 17050 by handing to STEPHEN FIDLER a true and attested copy of WRIT OF SUMMONS together with REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 16.00 Service 7.92 Postage .39 Surcharge 10.00 .00 36.31 Sworn and Subscribed to before me this day of Jurf a60P A.D. ProU notar So Answers: R. Thomas Kline 01/24/2006 RHOADS & SINON By: Deputy She iff CASE NO: 2006-00262 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERICKSON BRIAN T ET AL VS FIDLER STEPHEN J ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS DRI-WAY INC was served upon DEFENDANT the , at 1545:00 HOURS, on the 23rd day of January , 2006 at 5222 E TRINDLE ROAD MECHANCISBURG, PA 17050 by handing to STEPHEN FIDLER ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of C nln0, A.D. Prot ota y So Answers: R. Thomas Kline 01/24/2006 RHOADS & SINON By: Deputy Sheriff BRIAN T. ERICKSON and BARBARA A. ERICKSON? his wife Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY, INC. Defendants YOU HAVE set forth in the following pap and Notice are served, by c writing with the Court your warned that if you fail to do against you by the Court wit other claim or relief request( important to you. YOU SH DO NOT HAVE A LA OFFICE SET FORTH ] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 06-262 JURY TRIAL DEMANDED NOTICE EEN SUED IN COURT. If you wish to defend against the claims you must take action within twenty (20) days after this Complaint ;ring a written appearance personally or by attorney and filing in ;fences or objections to the claims set forth against you. You are the case may proceed without you and a judgment may be entered at further notice for any money claimed in the Complaint or for any by the Plaintiffs. You may lose money or property or other rights TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE ' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & S1NON LLP One South Market Square, 12th P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs BRIAN T. ERICKSON and ? IN THE COURT OF COMMON PLEAS OF BARBARA A. ERICKSON his wife CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. NO. 06-262 STEPHEN J. FIDLER and DRI-WAY, INC. Defen ants JURY TRIAL DEMANDED COMPLAINT NOW COME, Plain ti s, Brian T. Erickson and Barbara A. Erickson, by their attorneys, Rhoads & Sinon LLP, and h by file the within Complaint, as follows: PARTIES 1. Plaintiffs, Brian T. Erickson and Barbara A. Erickson, are husband and wife and adult individuals who resido at 1721 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 2. Defendant, Dry-Way, Inc. ("Dri-Way"), is a Pennsylvania corporation with a business address of 5222 E. ITrindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4957/4.1 3, Defendant, Stephen J. Fidler ("Fidler"), is an adult individual with a residence address of 17 Cottage Court, ? Mechanicsburg, Cumberland County, Pennsylvania 17055, and at the times herein mentioned,134ndant Fidler served as president of Defendant Dri-Way. FACTUAL BACKGROUND 4. On Tuesday, September 13, 2005, at approximately 4:00 p.m., Plaintiff Brian T. Erickson was lawfully and arefully operating his automobile, proceeding northbound on South Walnut Street, at or near it intersection with East Locust Street in Mechanicsburg Borough, Cumberland County, Penns}lvania. Riding as passengers in Plaintiff's vehicle were his wife, Barbara, and their children Thomas Erickson, Amanda Erickson and Hope Erickson. 5. At the same tine and place, Defendant Fidler, was operating a motor vehicle in an easterly direction on East Locust Street, at or near its intersection with South Walnut Street in Mechanicsburg Borough, Cumberland County, Pennsylvania. 6. In the Defendant's direction of travel, the intersection is controlled by a stop sign. 7. Defendant Fidler failed to wait for traffic to clear the intersection and proceeded through the intersection and ?ollided with the vehicle operated by Brian T. Erickson with such force that it caused Plaintiff s vehicle to skid off the roadway and into a yard and a fence located at 21 South Walnut Street. 8. The stop sign >fequired the Defendant to stop and proceed only if he could do so in a safe and cautious manner without danger to other vehicles. 9. As a direct and proximate cause of the aforesaid collision, Mr. Erickson suffered physical and personal injuries, as set forth herein, as well as property damage to his vehicle. -2- 10. Defendant Fi ler was cited by the Mechanicsburg Borough Police Department for "Stop Signs and Yield Signs" in violation of 75 Pa. C.S.A §3323. It. Immediately ollowing the accident, Brian T. Erickson was taken by ambulance to Holy Spirit Hospital, treated in the Emergency Room, and given instructions to follow up with his family physician. COUNTI BRI T. ERICKSON V. STEPHEN J. FIDLER (NEGLIGENCE) 12. The averment of paragraphs 1 through I I are incorporated herein as if fully set forth. 13. As a direct an proximate result of the aforesaid collision, Mr. Erickson suffered physical and personal injuries as well as economic loss and an impairment of earning capacity, all caused by the negligence, care essness and recklessness of Defendant Fidler as set forth below. 14. The negligenc and carelessness of Defendant Fidler consisted of the following acts and omissions which are to be read in conjunction with paragraphs 5 through 11: a. failing o observe the condition of traffic then and there existing at the place o the accident; b. operating his vehicle at a speed too fast for conditions; C. proceeding through the intersection when it was not safe to do so; d. failing t have his vehicle under proper and adequate control such that he could stop before striking the Plaintiffs car; -3- C. failing to keep alert and maintain a proper lookout for the presence of other otor vehicles including the Plaintiffs; e. failure to stop for the stop sign controlling the intersection in violation of 75 Pa. C.S. §3323; f. proceeding through the intersection at the same time as Plaintiff's vehicle and colliding therewith; g. failing to keep alert and maintain a proper lookout for the presence of other otor vehicles on the streets and roadways; h. failing o drive in such a manner that his vehicle could be brought to a stop immed ately at the first sign of danger; i. violati g the Assured Clear Distance Rule; j. strikin the vehicle operated by Plaintiff as it was lawfully proceeding on South Walnut Street; and k. failing ?o drive around Plaintiff s vehicle instead of colliding with it. 1. continu ng to operate his vehicle in a direction towards the Plaintiffs vehicle when Defendant saw or in the exercise of reasonable diligence should ave seen the further operation in that direction would result in a collisio . 15. As a direct and proximate result of the conduct of Defendant Fidler, Mr. Erickson suffered and continues to suffer painful injuries including the following: a. Head injury with persisting and permanent hearing loss and tinnitis; b. Left ear c. Abrasion, right knee. 16. As a direct andl proximate result of the injuries sustained, Mr. Erickson has been required to restrict his normal work, thereby suffering damages for lost income, lost future income and lost benefits. -4- 17. As a direct and proximate result of the injuries sustained, Mr. Erickson has been unable to enjoy the usual activities of life of an individual his age, and has suffered a loss of enjoyment of life, loss of happiness, pain and suffering. 18. As a direct and proximate result of the injuries sustained, Mr. Erickson will continue to suffer pain and discomfort, (loss of life's pleasures, hearing loss, tinnitis, medical, wage, economic and other expenses, all to his great detriment and loss. In addition, Mr. Erickson claims all damages recoverable pursuant to Pennsblvania law. WHEREFORE, Plaimiff, Brian T. Erickson, demands judgment against Defendant in an amount which exceeds the j4risdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs, delay damages and all other damages allowed by law. COUNT II V T. ERICKSON v. DRI-WAY, INC. (RESPONDEAT SUPERIOR) 19. The averments lof paragraphs 1 through 18 are incorporated herein by reference. 20. At all relevant {imes, Defendant Fidler was the president and employee of Defendant Dri-Way, Inc., and was operating within the scope and course of his employment at the time of the accident described herein. 21. Defendant DriiWay, as the employer of Defendant Fidler, is vicariously liable for the acts of its employee as sot forth herein, which occurred during the course and scope of his employment. Accordingly, a ?laim is made against Defendant Dri-Way pursuant to the principles ofrespondeat superior. - 5 - WHEREFORE, Plai tiff, Brian T. Erickson, demands judgment against Defendant, Dri- Way, Inc., in an amount whi h exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), togeth r with interest, costs, delay damages and all other damages allowed by law. COUNT III BARBARA A. ERI KSON v. STEPHEN J. FIDLER AND DRI-WAY, INC. (LOSS OF CONSORTIUM) 22. The averment$ of paragraphs 1 through 21 are incorporated herein as if fully set forth. 23 As a direct an proximate result of the above-described occurrences, Mrs. Erickson has been deprived of the assis ance, society and companionship of her husband Mr. Erickson, all of which has been to her great detriment and financial and emotional loss. -6- WHEREFORE, Stephen J. Fidler and requiring arbitration damages and all other Barbara A. Erickson, demands judgment against Defendants, Inc., in an amount which exceeds the jurisdictional amount to Pa. R.Civ.P. 1021(c), together with interest, costs, delay allowed by law. RHOADS & SINON LLP By: avid B. Dow mg One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -7- VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff her in. The attached Compla m is based upon information which I have furnished to my counsel and information which has een gathered by my counsel in preparation of my lawsuit. The language of the Complaint i that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of unsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 490 , relating to unsworn falsification to authorities. BARBARA A. ERICKSON Dated: v> "1 VERIFICATION I hereby affirm that the following facts are correct: I am the The attached and information which has language of the Complaint the extent that the and correct to the best of of the Complaint is that of hereby acknowledge that penalties of 18 Pa. C.S. § nt is based upon information which I have furnished to my counsel >een gathered by my counsel in preparation of my lawsuit. The that of counsel and not of me. I have read the Complaint and, to is based on information which I have given to my counsel, it is true knowledge, information and belief. To the extent that the content I have relied upon counsel in making this Verification. I facts set forth in the aforesaid Complaint are made subject to the relating to unworn falsification to authorities. r?L RIA T. ERICKSON Dated: ? ?eb I Z I Z I hereby certify that foregoing "Complaint" was upon the following: C. Kent Price Thomas, Tho 305 North Fr P.O. Box 999 Harrisburg, P (Attorney for 1 CERTIFICATE OF SERVICE this ?3r day of February, 2006, a true and correct copy of the by means of United States mail, first class, postage prepaid, Esquire ias & Hafer LLP it Street 17108 Laa4j Cyn is L. Santone ?.? h J CJ ? 'ii y -1 T r r:r='' __ _. __ , .. :, ___ v , -< BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-262 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, Brian T. Erickson and Barbara A. Erickson certify that: 1. a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the Subpoena is sought to be served; 2. a copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate; 3. no objection to the Subpoena has been received; and 591899.1 4. the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. RHOADS & SINON LLP B. avid tBDM owlin g One Sarket Sqr., 12`h P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs Date: ). ((p . Q?p BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-262 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs, Brian T. Erickson and Barbara A. Erickson, intend to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena maybe served. RHOADS & SINON LLP 591890.1 Date: January 26, 2006 By- r.F' David B. Dowling One South Market Sqr., I P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-262 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Josh Heller, Claims Handler Penn National Insurance Harrisburg Claims Service Office P.O. Box 3880 Harrisburg, PA 17105-3880 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: the complete Penn National Claims file regarding Claim No. 02735577, date of loss September 13, 2005, for the above-captioned action, and for Penn National's insured Stephen T. Fidler and/or Dri-Way Inc. This shall include the entire claims file, documentation showing the applicable liability limits, declaration page and copy of the policy in effect at the time of the accident, witness statements, all notes made by the claims adjusters (excluding mental impressions concerning the merit or defense of said claim), photographs, diagrams, and all other documents, as defined herein. The documents shall be submitted to Rhoads & Sinon LLP, One South Market Square, 12th Floor, Harrisburg, Pennsylvania 17101. 591891.1 DEFINITIONS The term "document" shall mean any written, handwritten, printed, typed or other graphic matter of any kind or nature, however produced, reproduced, or copied, including data compilations, e-mail, and all other electronically stored data, however stored (including data files stored in/on office desktop computers/workstations, notebook/laptop computers, home computers, staff computers, palmtop devices or electronic organizers/secretaries, and network file servers/mini-computers; backup tapes including system-wide backups, disaster recovery backups, and personal or "ad hoc" backups; and other media sources including tape archives, replaced/removed drives, floppy diskettes, CD-ROMs, DVDs zip cartridges, and other portable media), photographs, microfilms, video and audio tapes, and any other data compilations from which information can be obtained. You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a court order compelling you to comply with it. This Subpoena was issued at the request of the following person: David B. Dowling, Esquire Attorney I.D. No. 25452 Rhoads & Sinon LLP One South Market Square, 12th Floor Harrisburg, PA 17101 (717) 233-5731 Attorney for Plaintiffs BY THE COURT: DATE: By (Prothonotary) Seal of the Court ....p ??) ? ? 'tl -? "M1i '7 w. - r' 1 ;? 1 4'J _?.. ?'-? !_ ? ?fJ .. "?) Gam? :-G 15.1 BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-262 V. STEPHEN J. FIDLER and DRI-WAY, INC., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVE SUBPOENAS PURSUANT TO RULE 4009.22 As a Prerequisite to service of Subpoenas for Documents and Things pursuant to Rule 4009.22, Defendants certify that: A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served. 2. A copy of the Notice of Intent including the proposed Subpoenas are attached to this Certificate. No objection to the Subpoenas has been received. 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 Date: ) -d g' U 6 412209.1 BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-262 V. STEPHEN J. FIDLER and DRI-WAY, INC., CIVIL ACTION - LAW Detendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS 'FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP Date: 2--L- -OC- By: O'k? C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 _Attorney for Defendants 407389.1 BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DR]-WAY, INC., Defendants THE COURT OF COMMON PLEAS OF 1MBERLAND COUNTY, PENNSYLVANIA 06-262 IL ACTION - LAW URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Allstate Insurance Company, 6345 Flank Drive, Suite #1000, Harrisburg, PA 17112. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of the first-party claim file, without limitation, regarding your insured, BRIAN T. ERICKSON, Policy Number: Q01855542, Claim Number: 1555207965, arising out of an accident on or about September 13, 2005, including but not limited to: application for benefits, physician's statements, wage verifications, policy declarations page(s) showing coverages and tort option election, summaries of payments made, medical records and reports, bill, Peer Review reports, IME reports and correspondence. THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, Wthin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price. Esquire ADDRESS 305 N. Front Street. P.O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 Prothonotary/Clerk, Civil Division SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendants Deputy DATE: Seal of the Court 407363.1 BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DR[-WAY, INC., Defendants THE COURT OF COMMON PLEAS OF IMBERLAND COUNTY, PENNSYLVANIA 06-262 ACTION - LAW RY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Cumberland Ear, Nose and Throat/Facial Plastic Surgery, 2025 Technology Parkway, Suite G-03, Mechanicsburg, PA 17050. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of BRIAN T. ERICKSON, SSN: 206-48-5005, D/O/B: 11/05/1973, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x- rays or other diagnostics, diagnostic test results and reports without limitation. THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street, P.O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendants DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 407363.2 BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DR]-WAY, INC., Defendants THE COURT OF COMMON PLEAS OF )MBERLAND COUNTY, PENNSYLVANIA 06-262 ACTION - LAW TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011. (Name d Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of BRIAN T. ERICKSON, SSN: 206-48-5005, D/O/B: 11/05/1973, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x- rays or other diagnostics, diagnostic test results and reports without limitation. THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, Wihin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with 4. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price. Esquire ADDRESS 305 N. Front Street. P.O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendants DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 407363.3 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: David B. Dowling, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Pa egal to C. Kent Price Date: 86`66 407389.1 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: David B. Dowling, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paralegal C. Kent Price Date: q 'L ye' 412209.1 ?.:, THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com Attorney for Defendants BRIAN T. ERICKSON and IN THE COURT OF COMMON PLEAS BARBARA A. ERICKSON, CUMBERLAND COUNTY, PENNSYLVANIA his wife, Plaintiffs CIVIL ACTION - LAW V. NO. 06-262 STEPHEN J. FIDLER and DRI-WAY INC., Defendants JURY TRIAL DEMANDED NOTICE TO: Brian T. Erickson and Barbara A. Erickson and Counsel YOU ARE HEREBY notified to plead to the enclosed New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANTS DATED: 3) j A41ZOO 6 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice@tthlaw.com BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY INC., Defendants 1. Admitted. 2. Admitted. 3. Admitted. Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-262 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER 4. Admitted in part, denied in part. It is admitted that on Tuesday, September 13, 2005, at approximately 4:00 PM, Plaintiff Brian T. Erickson was operating his automobile in a northerly direction on South Walnut Street, at or near its intersection with East Locust Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania. It is further admitted that his wife, Barbara, and their children, Thomas, Amanda and Hope, were riding as passengers in the vehicle at the time and place alleged. The allegations regarding the manner in which Plaintiff Brian T. Erickson was operating his vehicle at the time are denied on the basis that they are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, said allegations are denied in accordance with Pa.R.C.P. 1029(e). 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that Defendant Fidler collided with the vehicle operated by Plaintiff Brian T. Erickson within the intersection, as a result of which the Erickson vehicle traveled off the roadway and into a yard located at 21 South Walnut Street where it struck a fence. The remaining allegations are denied. To the contrary, Defendant Fidler brought his vehicle to a complete stop at the STOP sign on East Locust Street and then proceeded to look to his left, to his fight and to his left again, to check for approaching traffic on South Walnut Street. When he failed to observe any approaching traffic, he began to cross the intersection when he struck the Erickson vehicle. 8. Denied. The allegation is a conclusion of law and/or fact to which no answer is required. 9. Admitted in part, denied in part. It is admitted that the Erickson vehicle sustained damage as a result of the collision. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth thereof. 10. Admitted. By way of further answer, the allegation is irrelevant and inadmissible at trial. 11. Admitted in part, denied in part. It is admitted that Plaintiff Brian T. Erickson was taken to Holy Spirit Hospital following the :iccidcnt. Tt is further admitted, based upon information and belief, that he was treated in the emergency room and given instructions to follow up with his family physician. It is denied that he was "immediately" taken to the hospital. To the contrary, he initially denied any injuries and only later, while still at the accident scene, indicated that he might have sustained injury, after which he was taken to the hospital. COUNTI BRIAN T. ERICKSON v. STEPHEN J. FIDLER 12. The answers set forth in paragraphs 1 through 1 I above are incorporated herein by reference. 13. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations. 14. Denied. The allegations are conclusions of law anu/or fact to which no answer is required. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 15. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations. 16. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations. 17. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations. 18. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations. WHEREFORE, Defendant Stephen J. Fidler demands judgment in his favor and against Plaintiff Brian T. Erickson. COUNT II BRIAN T. ERICKSON v. DRI-WAY, INC. (RESPONDEAT SUPERIOR) 19. The answers set forth in paragraphs 1 through 18 above are incorporated herein by reference. 3 20. Admitted. 21. Denied. The allegations are conclusions of law and/or fact to which no answer is required. WHEREFORE, Defendant Dri-Way, Inc. demands judgment in its favor and against Plaintiff Brian T. Erickson. COUNT III BARBARA A. ERICKSON v. DEFENDANTS (LOSS OF CONSORTIUM) 22. The answers set forth in paragraphs 1 through 21 above are incorporated herein by reference. 23. Denied. The allegations are conclusions of law and/or fact to which no answer is required. By way of further answer, the allegations are denied on the basis that, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth thereof. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff Barbara A. Erickson. NEW MATTER 24. The Plaintiffs' claims may be barred or limited by provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701 et seq., including but not limited to the provisions set forth at 75 Pa.C.S.A. § 1722. 25. The injuries claimed by Plaintiff Brian T. Erickson may not qualify as "serious" bodily inj ury. 26. Some or all of the alleged injuries may be due to pre-existing conditions. 27. Some or all of the alleged injuries may not have been caused by the subject accident. 4 28. The Plaintiffs may have failed to mitigate their damages. 29. Plaintiff may have been negligent in the operation of his vehicle. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANTS 412940.1 VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. DATED: 314 °I JP-006, 6 CERTIFICATE OF SERVICE AND NOW, this 17 dray of March, 2006, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that I have this day served the within Answer with New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: David B. Dowling, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 THOMAS, THOMAS & HAFER, LLP 0, ? ?' " l;-, C. Kent Price, Esquire 7 N C' u f i f? KZ! in 1 r„ C d T1 David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 06-262 STEPHEN J. FIDLER and DRI-WAY, INC. Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER NOW COME Plaintiffs, Brian T. Erickson and Barbara A. Erickson, through their attorneys Rhoads & Sinon LLP and file the within Plaintiffs' Reply to Defendants' New Matter, and avers as follows: NEW MATTER ADDRESSED TO PLAINTIFFS 23. Paragraphs 1 through 23 of Plaintiffs' Complaint are incorporated herein by reference. 24. The allegation contained in Answering Defendants' New Matter paragraph 24 is a conclusion of law to which no response is required. In the event and to the extent it is deemed not to be a conclusion of law, it is specifically denied. Accordingly, it is denied that Plaintiffs' claims are barred or limited or precluded by the Motor Vehicle Financial Responsibility Act of Pennsylvania. Moreover, it is impermissible under the Rules of Civil Procedure to allege vague and all-inclusive defenses which may or may not be relevant and available. 601420.1 25. Denied. It is specifically denied that the injuries claimed by Plaintiff Brian T. Erickson may not qualify as "serious" bodily injury. In addition, the allegation in paragraph 25 is a general, boilerplate, nonspecific allegation prohibited by the Rules of Civil Procedure 26. Denied. It is specifically denied that the severe injury suffered by Plaintiff was pre-existing. 27. Denied. It is specifically denied that the damages suffered by Plaintiffs may not have been caused by the subject accident. To the contrary, the injuries occurred as set forth in the Complaint. 28. The allegation contained in Answering Defendants' New Matter paragraph 28 is a conclusion of law to which no response is required. In the event and to the extent it is deemed not to be a conclusion of law, it is specifically denied. By way of further answer, it is denied that the Plaintiffs failed to mitigate their damages. 24. Denied. It is specifically denied that Plaintiff was careless or negligent in the operation of his vehicle. Mr. Erickson was at all times proceeding in a careful and lawful manner. -2- WHEREFORE, Plaintiffs respectfully request this Court strike those paragraphs containing improper and vague allegations and grant judgment in favor of Plaintiffs and against Defendants. Respectfully Submitted, RHOADS & SINON LLP By: , c S ?+ avid B. Dowling One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -3- VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached "Reply to Defendants' New Matter" is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the "Reply to Defendants' New Matter" is that of counsel and not of me. I have read the "Reply to Defendants' New Matter" and, to the extent that the "Reply to Defendants' New Matter" is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the "Reply to Defendants' New Matter" is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid "Reply to Defendants' New Matter" are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 0?. Brian Erickson Dated: -S 599629.7 CERTIFICATE OF SERVICE I hereby certify that on this -:00 -,A of March 2005, a true and correct copy of the foregoing Plaintiffs' Reply to Defendants' New Matter was served by means of United States mail, first class postage prepaid, as follows: C. Kent Price, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 (Attorney for Defendants) - t C„) ,n CUMBERLAND IN, clip l)PK AVY0,!'I.b::A`',(jI NT`i WQNV1NAN1A CIVII.i)1V'I ION' Hta m?ado,N Dv,. ?-- ? m4?, ti\L- L., Pfl \nat\ Pile No 2006-330 CS t\?\ W, ?\ KJN.1 t ?2 a"-wcu: oop n0.. 8moo, WON , ,J C? asp t a PR:AF:CIPh; AND POWER OF :A'1"lY)RNI;I' FORS:A'I'ISF;AC'1'IC)N :ANIi?OR'PI?R\IINA'i'ION FO THE PRO'I'1iON0'fARti'%CLF;It}? OF SAID ('0URT You are herehp authorized, empowered, and directed to enter, a, indicated, the follo"ring on the records thereof: A I- The within suit is Settled, Discontinued, Ended and coq s paid 2 - The within suit is Settled, Discontinued, Ended WITH 1 Prejudice and costs paid. :3 The within suit is Settled, Discontinued, Ended WI'1'I M-l' Prejudice and costs paid. f- B. 1 Satisfaction of the Award in the within suit is acknowledged. 2 R Satisfaction ofJudgment, with interest and cost, in the within matter is acknowledged. C, other. DATE: ?_ WITNESS (if signer is other than a registered attorney): Attorney or Notary Type or print name of above signer COST PA-Y-MENT VEHIFICATION I UNDERSTAND THA'P THE ABOVE ACTION CANNOT BE FILED AND DOCKP`PED IZI911L ALL COSTS SAVE BEEN PAIDiNCLLDING SHERIFF'S UOSTS? AND H VERIFY THAT ALL COSTS HAVE MEN PAiD I UNDERSTAND TIIAT FALSE S'1'ATFMENT? HEREIN ARE MADE. SUB iFC'T TO THE P1i?AI TIES OF 18 P3 (' S S 'C 4904 RFI ATIN(' TO LJNSWORN FAI SiFTCA'PION TO AUTHORITIF,S Sip a ute of authoriegg pa JennS M. Gray Signature Jennie M. Gray C?l r grit fi CJ _ Q O , ? _) to ul ,T O N N o3y O ? N N + N N d ,^ ? d s 9 O N W w u j a W a r o` q? 4 O V? j D ?4Z ? W?U BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-262 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVE SUBPOENAS PURSUANT TO RULE 4009.22 As a Prerequisite to service of Subpoenas for Documents and Things pursuant to Rule 4009.22, Defendants certify that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated April 12, 2006, and executed by Plaintiff's counsel, David B. Dowling, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoenas are attached to this certificate; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 Date: A-11 / f Z 0 O ` 412209.2 0 MAS & ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 LLP www.tthlawxom C. Kent Price (717) 255-7632 kprlce@tlhlaw.com April 12, 2006 David B. Dowling, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 RE: Erickson v. Dri-Way Inc. Cumberland County C.C.P. No. 06-262 Our File No.: 347.60136 Dear Attorney Dowling: Enclosed please find a Notice of Intent to Serve Subpoena, pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely yours, THOMAS, THOMAS & HA.FER, LLP By: Rick Stains, Jr., Parale 'gZto C. Kent Price /rIS:406132.5 Enclosure I, t < < l I'( c--' , quire, counsel for Plaintiff, have no objection to the serving of e su poems ident ed the attached Notice of Intent and hereby waive the 20-day notice period. Counsel for Defendant vide me with copies of all records they obtain pursuant to these subp enas. //rr t Date: `1+lp re Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-262 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY' PURSUANT TO RULE 4009.21 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. THOMAS, THOMAS & HAFER, LLP Date: "t 117-1 2 0c)6 By: C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7632 Attorney for Defendants 407389.2 Defendants THE COURT OF COMMON PLEAS OF IMBERLAND COUNTY, PENNSYLVANIA 06-262 IVIL ACTION - LAW RY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V, STEPHEN J. FIDLER and DRI-WAY, INC., Custodian of Records, Holy Spirit Hospital, c/o Human Resources, 503 N. 21" Street, Camp Hill, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete and exact copy of the employee personnel file of BRIAN T. ERICKSON, SSN: 206-48-5005, D/O/B: 11/05/1973, including, but not limited to employment applications, resumes, letters of recommendation, tests and test results, job descriptions for positions held, evaluations and periodic performance reviews, disciplinary records, attendance records and W-2 forms for the years 2000 through 2005. THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 You may deliver or mail tegibls copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply vdth it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price, Esquire ADDRESS 305 N. Front Street. P.O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR. Defendants DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 407363.4 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: David B. Dowling, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 THOMAS, THOMAS & HAFER LLP By: Rick Stains, Jr., Paralega to C. Kent Price Date: 7f JZ/o(- 407389.2 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: David B. Dowling, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Parale to C. Kent Price Date: 412209.2 David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 233-5731 Fax: (717) 231-6637 Email: ddowling@rhoads-sinon.com Attorneys for Plaintiffs/Petitioners Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-262 JURY TRIAL DEMANDED PETITION FOR APPROVAL OF RELEASE OF MINORS' CLAIMS NOW COME, Petitioners, Brian T. Erickson and Barbara A. Erickson ("Petitioners'), by BRIAN T. ERICKSON and BARBARA A ERICKSON, V. Plaintiffs/Petitioners STEPHEN J. FIDLER and DRI-WAY INC., and through their counsel, Rhoads & Sinon LLP, and file the within Petition for Approval of Release of Minors' Claims, and in support thereof, aver the following: 1. Petitioners Brian T. Erickson and Barbara A. Erickson, husband and wife, and Plaintiffs in the above captioned matter, which originated as a result of a motor vehicle accident which occurred on September 13, 2005. 2. As a result of the motor vehicle accident, Brian T. Erickson sustained a permanent hearing loss. 3. Present in the Erickson vehicle at the time of the accident was his wife, Barbara A. Erickson (a front seat passenger), and their three minor children, Thomas Erickson (D.O.B. 05/06/1994), age 12; Amanda Erickson (D.O.B. 01/21/1999), age 8; and Hope Erickson (D.O.B. 01/25/2000), age 7 (collectively referred to a the "Erickson children". 649758.2 4. The Erickson children did not sustain any injuries nor did they receive medical treatment as a result of the accident. 5. The Defendants in this litigation - Stephen J. Fidler, Dri-Way, Inc. and their insurer Penn National Insurance - have settled with Brian and Barbara Erickson for the sum of $294,091.94, which sum represents the remaining balance of the Defendants' liability coverage under the applicable auto policy after payment of property damage claims in the amount of $5,908.06. 6. The Erickson children did not sustain any personal injuries as a result of the accident, they are not making nor do they intend to make any claim for damages as a result of the accident. In an abundance of caution, the Defendants and their insurer, Penn National Insurance, wish to include the entire Erickson family, including the Erickson children, in the settlement with Petitioners Brian T. Erickson and Barbara A. Erickson, in order to settle any and all potential claims arising from the accident. The terms and conditions of the settlement are set forth in the Release attached hereto and incorporated herein as Exhibit "A". 7. Even though the Erickson children have no claim, under Pennsylvania Law parents do not possess the authority to release potential claims merely because of the parental relationship. Simmons v. Parkette Nat'l Gymnastic Training_Ctr., 670 F. Supp. 140, 143 (E.D. Pa. 1987) (citing Apicella v. Valley Forge Military Academy and Junior College, 630 F. Supp. 20, 23 (E.D. Pa. 1985)). Therefore, in order to sign a release extinguishing any potential claims of the children, Court approval is necessary. 8. Petitioners and their counsel concur with this Petition. Petitioners' concurrence is attached hereto and marked as Exhibit "B". -2- 9. Petitioners Brian T. Erickson and Barbara A. Erickson respectfully request this Honorable Court to authorize them, as the parents and guardians of their children, to sign the proposed release, releasing Defendants and their insurer, officers, directors, shareholders, agents and employees, on their children's behalf. WHEREFORE, Petitioners, Brian Erickson and Barbara Erickson respectfully request this Court grant their Petition for Approval of Release of Minors' Claims. B Respectfully submitted, One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Brian Erickson and Barbara Erickson -3- RHOADS & SINON LLP RECYCLED 0 9 ?jchjbt*+ A • le RELEASE KNOW ALL MEN BY THESE PRESENTS: That we, BRIAN T. ERICKSON and BARBARA A. ERICKSON, individually and as parents and natural guardians of AMANDA ERICKSON, HOPE ERICKSON and THOMAS ERICKSON, their minor children, (hereinafter referred to as "RELEASORS"), for the sole consideration of TWO HUNDRED NINETY-FOUR THOUSAND NINETY-ONE and 06/100 DOLLARS ($294,091.94) to us in hand paid by and on behalf of STEPHEN J. FIDLER, DRI-WAY, INC. and PENN NATIONAL INSURANCE, as well as their respective officers, directors, shareholders, agents and employees (hereinafter collectively referred to as "RELEASEES"), the receipt whereof is hereby acknowledged, have released and discharged, and by these presents do for ourselves, our heirs, executors, administrators, and assigns release and forever discharge the said RELEASEES, of and from any and all claims, demands, damages, actions, causes of action, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by anyone prior to and including the date hereof on account of all iniuries, whether to person or property, resulting, or to result from the various causes of action asserted by BRIAN T. ERICKSON and BARBARA A. ERICKSON in an action at law filed to No. 06-262 in the Court of Common Pleas of Cumberland County, Pennsylvania arising out of an incident occurring on or about September 13, 2005. We understand that said RELEASEES, by reason of agreeing to this compromise payment, do not admit liability of any sort, any such liability being specifically denied, and said RELEASEES have made no agreement or promise to do or omit to do any act or thing not herein set forth and we further understand that this Release is made as a compromise to avoid expense and to terminate all controversy and/or claims for iniuries or damages of whatsoever nature, known or unknown, including future developments thereof, in any way growing out of or connected with the claims asserted as hereinbefore set forth. We understand and agree that we are responsible for the payment of any lien or charges that may be asserted against the proceeds of this settlement as recited above. Should any person or entity make a claim for payment of any liens or charges against anv or all of the RELEASEES, we hereby agree to indemnify and hold harmless such RELEASEES from any and all liens, charges, fees, costs, interest, demands, and any and all other sums, including payment of costs and attorneys fees related thereto. We admit that no representation of fact or opinion has been made by the said RELEASEES or anyone acting on our behalf to induce this compromise with respect to the extent, nature or permanency of said iniuries or as to the likelihood of future complications or recovery therefrom and that the sum paid is solely by way of compromise of a disputed claim, and that in determining said sum there has been taken into consideration the fact that serious or unexpected consequences might result from the present iniuries, known or unknown, and it is therefore specifically agreed that this Release shall be a complete bar to all claims or suits for iniuries or damages of whatsoever nature resulting or to result from said claims. We further agree to forthwith file with the Prothonotary of Cumberland County, Pennsylvania, a praecipe to mark the aforesaid action at law as "settled and discontinued with prejudice". In addition, we agree to petition the court to obtain approval to compromise, release and settle any claims which our minor children have or may have as a result of the aforesaid incident. This Release is intended to be legally binding upon the parties hereto and is to inure to the benefit of and bind their successors, heirs and assigns. We hereby declare that the terms of this settlement have been completely read by us; that we have discussed the terms of this settlement with legal counsel of our choice who has represented us in this matter; that no representation of fact or opinion has been made to us by or on behalf of the RELEASEES, or anyone acting on their behalf, to induce this compromise or payment or execution of this Release; and that the terms of this Release are fully understood and voluntarily accepted by us for the express purpose of making a full and final compromise, adjustment and settlement of any and all claims against RELEASEES on account of the iniuries and damages above-mentioned, and for the express purpose of precluding forever any further or additional suits against RELEASEES arising out of the aforesaid claims. We further certify that we are adults, of sound mind and under no constraint, undue influence, mental reservation or incapacity, and that we fully know, understand and comprehend the nature and effect of this Release, and that we do sign the same as our act and deed of free will, intending to be legally bound hereby. IN WITNESS WHEREOF, we have hereunto set our hands this day of , 2007. BRIAN T. ERICKSON, individually and as parent and natural guardian of AMANDA ERICKSON, HOPE ERICKSON and THOMAS ERICKSON, minors BARBARA A. ERICKSON, individually and as parent and natural guardian of AMANDA ERICKSON, HOPE ERICKSON_and_ THOMAS ERICKSON, minors Sworn to and subscribed before me this day of , 2007. Notary Public MY COMMISSION EXPIRES: (SEAL) RECYCLED F_,)chibi+ 5 • 0 CONCURRENCE TO SETTLEMENT Brian T. Erickson and Barbara A. Erickson, parents and natural guardians of Thomas Erickson, Amanda Erickson and Hope Erickson, minors, have read the Petition to Approve Compromise Settlement (Minor), agree with the facts set forth in the foregoing Petition, particularly that that the minors sustained no personal injuries or damages as a result of the motor vehicle accident which occurred on September 13, 2005 at 4:00 p.m., we are not making a claim, nor do we intend to make a claim for any damages as a result of the accident on behalf of our minor children. We also verify that the facts set forth herein are true and correct to the best of our knowledge information and belief. Date: l U ?- Date: 51 1 lo-1 q- . ?? 41V ." Brian T. Erickson, as Parent and Natural Guardian of Thomas Erickson, Amanda Erickson and Hope Erickson, minors ?? &A? Barbara A. Erickson, as Parent and Natural Guardian of Thomas Erickson, Amanda Erickson and Hope Erickson, minors SWORN AND SUE?SCRIBED befo a me, this day of 2007. Not ublic My mmission E es: (SEAL) CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of May, 2007, a true and correct copy of the foregoing Petition was served by means of United States mail, first class, postage prepaid, upon the following: C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 233-5731 Fax: (717) 231-6637 Email: ddowling@rhoads-sinon.com Attorneys for Plaintiffs/Petitioners Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-262 JURY TRIAL DEMANDED AMENDED PETITION FOR APPROVAL OF RELEASE OF MINORS' CLAIMS NOW COME, Petitioners, Brian T. Erickson and Barbara A. Erickson ("Petitioners"), by BRIAN T. ERICKSON and BARBARA A. ERICKSON, V. Plaintiffs/Petitioners STEPHEN J. FIDLER and DRI-WAY INC., and through their counsel, Rhoads & Sinon LLP, and file the within Petition for Approval of Release of Minors' Claims, and in support thereof, aver the following: 1. Petitioners Brian T. Erickson and Barbara A. Erickson, husband and wife, and Plaintiffs in the above captioned matter, which originated as a result of a motor vehicle accident which occurred on September 13, 2005. 2. As a result of the motor vehicle accident, Brian T. Erickson sustained a permanent hearing loss. 3. Present in the Erickson vehicle at the time of the accident was his wife, Barbara A. Erickson (a front seat passenger), and their three minor children, Thomas Erickson (D.O.B. 05/06/1994), age 12; Amanda Erickson (D.O.B. 01/21/1999), age 8; and Hope Erickson (D.O.B. 01/25/2000), age 7 (collectively referred to a the "Erickson children". 648758.2 4. The Erickson children did not sustain any injuries nor did they receive medical treatment as a result of the accident. 5. The Defendants in this litigation - Stephen J. Fidler, Dri-Way, Inc. and their insurer Penn National Insurance - have settled with Brian and Barbara Erickson for the sum of $294,091.94, which sum represents the remaining balance of the Defendants' liability coverage under the applicable auto policy after payment of property damage claims in the amount of $5,908.06. 6. The Erickson children did not sustain any personal injuries as a result of the accident, they are not making nor do they intend to make any claim for damages as a result of the accident. In an abundance of caution, the Defendants and their insurer, Penn National Insurance, wish to include the entire Erickson family, including the Erickson children, in the settlement with Petitioners Brian T. Erickson and Barbara A. Erickson, in order to settle any and all potential claims arising from the accident. The terms and conditions of the settlement are set forth in the Release attached hereto and incorporated herein as Exhibit "A". 7. Even though the Erickson children have no claim, under Pennsylvania Law parents do not possess the authority to release potential claims merely because of the parental relationship. Simmons v. Parkette Nat'l Gymnastic Training Ctr., 670 F. Supp. 140, 143 (E.D. Pa. 1987) (citing Anicella v Valley Forge Military Academy and Junior College, 630 F. Supp. 20, 23 (E.D. Pa. 1985)). Therefore, in order to sign a release extinguishing any potential claims of the children, Court approval is necessary. 8. Petitioners and their counsel concur with this Petition. Petitioners' concurrence is attached hereto and marked as Exhibit "B". -2- 9. Petitioners Brian T. Erickson and Barbara A. Erickson respectfully request this Honorable Court to authorize them, as the parents and guardians of their children, to sign the proposed release, releasing Defendants and their insurer, officers, directors, shareholders, agents and employees, on their children's behalf. 10. Pursuant to Rule 208.3(a)(2) of the Cumberland County Rules of Civil Procedure, no Judge has ruled on any matters in this case. WHEREFORE, Petitioners, Brian Erickson and Barbara Erickson respectfully request this Court grant their Petition for Approval of Release of Minors' Claims. Respectfully submitted, RHOADS & SINON LLP t" David B. Dowling, Esqui One South Market Squai P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Brian Erickson and Barbara Erickson -3- CERTIFICATE OF SERVICE I hereby certify that on this day of May, 2007, a true and correct copy of the foregoing Petition was served by means of United States mail, first class, postage prepaid, upon the following: C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 ?? r-- a -x-1 d." -t': .? ' '?- "^?= . :3 C) .- _. - t? ---3 BRIAN T. ERICKSON and BARBARA A. ERICKSON, Plaintiffs/Petitioners V. STEPHEN J. FIDLER and DRI-WAY INC., Defendants MAY 0 7 20D7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-262 JURY TRIAL DEMANDED ORDER AND NOW THIS day of rii?7 2007, upon consideration of the Petition for Approval of Release of Minors' Claims, it is hereby ORDERED Ic -1106,60941 W-40 1 that 1 4- 3 "Tim I J. S0 :1 W8 11 PA LODZ BRIAN T. ERICKSON and IN THE COURT OF COMMON PLEAS OF BARBARA A. ERICKSON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Petitioners V. CIVIL ACTION - LAW NO. 06-262 STEPHEN J. FIDLER and DRI-WAY, INC., Defendant IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 1st day of June, 2007, hearing in this matter is continued to July 13, 2007, at 11:00 a.m., to give the Petitioners the opportunity to present medical testimony with regard to the lack of injuries sustained by the children and to give the Court a comfort level that no injuries will arise in the future. We would also direct that the Defendant's lawyer be present at that point in time. By t] Edward E. Guido, J. ],`avid B. Dowling, Esquire For the Plaintiffs X Kent Price, Esquire ` For the Defendants V srs rr : i Wd {I- Nnr toot AWiONC HUM 3Hl d0 BRIAN T. ERICKSON and BARBARA A. ERICKSON, his wife, Plaintiffs V. STEPHEN J. FIDLER and DRI-WAY, INC., Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-262 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the docket in the above-captioned matter as settled and discontinued with prejudice. RHOADS & SINON LLP avid B. Dowling, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Date: ATTORNEYS FOR PLAINTIFFS c Q ' rn cri ?r Clt '?