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Home My WebLink About06-6524Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, 220 Regal View Carlisle, PA 17013, Plaintiffs V. STEPHEN A. HOWE, JR. 8 Cedarhurst Lane Camp Hill, PA 17011 GAIL K. HOWE 8 Cedarhurst Lane Camp Hill, PA 17011 HAROLD A. RASMYSSEN 624 Third Street New Cumberland, PA 17070 Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D 6 - 6 S`2y PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CIVIL ACTION - LAW JURY TRIAL DEMANDED Kindly issue a Writ of Summons in the above-captioned action upon the Defendants) as follows advising them that the Plaintiff has commenced an action against them and that the be required to defend: y ill HAROLD A. RASMYSSEN 624 Third Street New Cumberland, PA 17070 GAIL K. HOWE 8 Cedarhurst Lane Camp Hill, PA 17011 Date: November 9, 2006 :286329 STEPHEN A. HOWE, JR. 8 Cedarhurst Lane Camp Hill, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By. Kelly onanno C tr-.3 V? Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Michael P. Gardner and Cynthia L. Gardner 220 Regal View Carlisle, Pa. 17013 Plaintiff Court of Common Pleas Vs. Stephen A. Howe, Jr 8 Cedarhurst Lane Camp Hill, Pa. 17011 Gail K. Howe 8 Cedarhurst Lane Camp Hill, Pa. 17011 Harold A. Rasmyssen 624 Third Street New Cumberland, Pa. 17070 Defendant No 06-6524 In CivilAction-Law To Stephen A. Howe, Jr., Gail K. Howe, Harold A. Rasmyssen, You are hereby notified that Michael P. Gardner and Cynthia L. Gardner the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which ou are required to defend or a default judgment may be entered against you. y (SEAL) S Curtis R. Long, Prothonot j? Date November 9, 2006 By eputy Attorney: Name: Kelly L. Bonanno Esq. Address: 301 Market Street, P. O. Box 109 Lemoyne, Pa. 17043-109 Attorney for: Plaintiff Telephone: 717-761-4540 Supreme Court ID No. 200811 I CASE NO: 2006-06524 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARDNER :MICHAEL P ET AL VS HOWE STEPHEN A JR ET AL KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon T Tn T.1 T? C1 MM r)LTI-NT T TD the DEFENDANT , at 1933:00 HOURS, on the 16th day of November , 2006 at 8 CEDARHURST LANE CAMP HILL, PA 17011 STEPHEN A HOWE JR by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.32 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.32 f 00/00/0000 4- Sworn and Subscibed to By: before me this day of A. D. SHERIFF'S RETURN - REGULAR r CASE NO: 2006-06524 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARDNER MICHAEL P ET AL VS HOWE STEPHEN A JR ET AL KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TTr, TOO ri 7T -r T. V the DEFENDAN'T' , at 1933:00 HOURS, on the 16th day of November , 2006 at 8 CEDARHURST LANE CAMP HILL, PA 17011 by handing to STEPHEN A HOWE JR HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 ? 00/00/0000 Sworn and Subscibed to By: before me t--his day of A. D. SHERIFF'S RETURN - REGULAR 4 CASE NO: 2006-06524 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARDNER MICHAEL P ET AL VS HOWE STEPHEN A JR ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RASMYSSEN HAROLD A the DEFENDANT , at 1913:00 HOURS, on the 16th day of November 2006 at 624 THIRD STREET NEW CUMBERLAND, PA 17070 by handing to MRS LOIS RASMYSSEN WIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 14.96 Postage .39 Surcharge 10.00 R. Thomas Kline .00 31.35 00/00/0000 ? ;kA oh 104 Sworn and Subscibed to By: before me this day e ty Sh rj. f of A.D. ?`' _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, v. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, . Defendants NO. 06-6524 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, in the above-captioned matter and mark the docket accordingly. Date: September 3, 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS l ` BY. MICHAEL B. SCHEIB, ESQUIRIF Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Stephen A. Howe, Jr. and Gail K. Howe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, v. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants NO. 06-6524 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3`d day of September, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Kelly L. Bonanno, Esquire Mr. Harold A. Rasmyssen Johnson, Duffle, Stewart & Weidner 624 Third Street 301 Market Street New Cumberland, PA 17070 P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIR-t Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Stephen A. Howe, Jr. and Gail K. Howe i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, v. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants TO THE PROTHONOTARY: NO. 06-6524 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please enter a Rule upon Michael P. Gardner and Cynthia L. Gardner, Plaintiffs, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. Date: September 3, 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By. MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Stephen A. Howe, Jr. and Gail K. Howe NOW, 2008, RULE ISSUED AS ABOVE. A/ ?. iplothonotary By: d e. 1 Deputy M s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, v. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants AND NOW, this NO. 06-6524 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE day of 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Rule to file a Complaint by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Kelly L. Bonanno, Esquire Mr. Harold A. Rasmyssen Johnson, Duffle, Stewart & Weidner 624 Third Street 301 Market Street New Cumberland, PA 17070 P.O. BOX 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: U MICHAEL B. S IB, ES UIRt Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Stephen A. Howe, Jr. and Gail K. Howe ?, na _. ;;.a iJ •::._s e 7 ?? -- r- (--_. ' C"'r't i i t ?-? f' f ..,„,? C. M .: I ;} ??+ -:v Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com MICHAEL P. GARDNER and CYNTHIA L. GARDNER, Plaintiffs V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-06524 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de [as demandas que se presentan m6s adelante en las siguientes p6ginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despu6s de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mfis aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 kib@jdsw.com MICHAEL P. GARDNER and CYNTHIA L. GARDNER, Plaintiffs Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-06524 V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW, comes the Plaintiffs, Michael P. Gardner and Cynthia L. Gardner, by and through their attorneys, Johnson, Duffle, Stewart & Weidner, and respectfully submits the following: 1. Plaintiffs Michael P. Gardner and Cynthia L. Gardner are adult individuals, husband and wife, currently residing at 220 Regal View, Carlisle, PA 17013. 2. Defendant Gail K. Howe, is the parent and natural guardian of Defendant Stephen A. Howe, Jr., currently reside at 8 Cedarhurst Lane, Camp Hill, PA 17011. 3. Defendant Harold A. Rasmyssen is an adult individual currently residing at 624 N. Third Street, New Cumberland, PA 17070. 4. At all times relevant hereto Defendant Rasmyssen was the owner and insurer of the 2001 Chevrolet Cavalier VIN number lGlJC524217124782 driven by Stephen A. Howe, Jr. at the time of the incident. 5. On or about November 12, 2004, Defendant Howe was operating the 2001 Chevrolet Cavalier near the intersection of the Carlisle Pike and Brondle Boulevard in Mechanicsburg, Cumberland County, PA. 6. At the aforementioned time and place, Mr. Gardner was the operator of a 2002 Chevrolet S-10 pickup truck, and Mrs. Gardner was a passenger. 7. Plaintiffs' vehicle was stopped at a traffic signal at the intersection of Brondle Boulevard and the Carlisle Pike when it was suddenly and unexpectedly struck from the rear by the vehicle driven by Stephen Howe, Jr. 8. At the aforementioned time and place, Defendant Stephen Howe, Jr. failed to stop at the traffic signal, striking Plaintiffs' vehicle and causing injuries to Plaintiffs. 9. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Stephen Howe, Jr. in operating the 2001 Chevrolet Cavalier in a careless and reckless manner as follows: a. In failing to observe Plaintiffs' vehicle stopped at the traffic signal; b. In failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; C. In failing to exercise the high degree of care required of a motorist approaching an intersection and/or traffic control device; d. In failing to keep a reasonable look-out for other vehicles lawfully on the roadway; e. In failing to prudently approach the traffic control device so as to avoid creating a dangerous situation for other vehicles lawfully on the roadway; f. In failing to observe stopped traffic in front of him; g. In failing to keep a proper look-out for stopped vehicles; h. In failing to allow an assured clear distance between himself and other vehicles traveling in front of him on the roadway; i. In failing to operate his vehicle in a manner consistent with roadway and weather conditions at the time; j. In following the vehicle in front of him more closely than is reasonable and prudent in violation of 75 Pa. C.S.A. § 3310, which constitutes negligence per se; and k. In failing to drive his vehicle at a safe speed, in violation of 75 Pa. C.S.A. § 3361, which constitutes negligence per se. 10. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Gail Howe in carelessly and recklessly entrusting the use of a motor vehicle to Defendant Stephen Howe, Jr. in a manner as follows: a. The negligent entrustment of a motor vehicle to a minor who she knew or should have known was inexperienced and unable to safely operate a motor vehicle; b. Failing to exercise reasonable care when allowing a minor to use and operate a motor vehicle; C. Failure to properly instruct her minor son as to the proper, prudent and safe operation of a motor vehicle prior to entrusting the minor with the use and operation of a motor vehicle; d. Failure to ensure that her minor son possessed the appropriate driving knowledge, skill and experience prior to allowing him to operate a motor vehicle; and e. Failure to observe the rights of others by negligently allowing an individual with insufficient driving knowledge, skill, experience and training to operate a motor vehicle. 11. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Harold A. Rasmyssen in carelessly and recklessly entrusting the use of a motor vehicle to Defendant Stephen Howe, Jr. in a manner as follows: a. The negligent entrustment of a motor vehicle to a minor who he knew or should have known was inexperienced and unable to safely operate a motor vehicle; b. Failing to exercise reasonable care when allowing a minor to use and operate a motor vehicle; C. Failure to properly instruct the minor as to the proper, prudent and safe operation of a motor vehicle prior to entrusting the minor with the use and operation of a motor vehicle; d. Failure to ensure that Defendant Howe possessed the appropriate driving knowledge, skill and experience prior to allowing him to operate a motor vehicle; and e. Failure to observe the rights of others by negligently allowing an individual with insufficient driving knowledge, skill, experience and training to operate a motor vehicle. COUNT I - Nealluence Michael P. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen 12. Paragraphs 1-11 of Plaintiffs Complaint are incorporated herein by reference as if set forth in full. 13. As a result of the aforesaid collision, Plaintiff Michael P. Gardner, has suffered serious and permanent injuries, including but not limited to the following: a. Injuries to his lumbar spine; b. Right leg/hip injury requiring a total hip replacement; C. Various contusions; d. Severe shock to the nerves and nervous system; and e. Mental and physical anguish. 14. As a direct and proximate result of the aforementioned injuries, Plaintiff Michael P. Gardner has undergone and in the future will undergo great pain and suffering for which damages are claimed. 15. As a further result of the aforementioned injuries, Plaintiff Michael P. Gardner has suffered and may continue to suffer loss of earnings for which damages are claimed. 16. As a further result of the aforementioned injuries, Plaintiff Michael P. Gardner has and/or may in the future incur a loss of earning capacity for which damages are claimed. 17. As a further result of the aforementioned injuries, Plaintiff Michael P. Gardner has sustained scarring and disfigurement for which damages are claimed. 18. As a further result of the aforementioned injuries, Plaintiff Michael P. Gardner has sustained a permanent diminution of his ability to enjoy life and life's pleasures for which damages are claimed. 19. As a further result of this collision the Plaintiff Michael P. Gardner has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses. 20. As a further result of the aforementioned injuries, Plaintiff Michael P. Gardner has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility law for which damages are claimed. COUNT II - Neall pence Cynthia L. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen 21. Paragraphs 1-20 of Plaintiffs Complaint are incorporated herein by reference as if set forth in full. 22. As a result of the aforesaid collision, Plaintiff Cynthia L. Gardner, has suffered serious and permanent injuries, including but not limited to the following: a. labral pathology in right shoulder, including right superior labral anterior posterior tear, requiring surgery; b. cervical sprain / strain; C. various contusions; d. severe shock to the nerves and nervous system; and e. mental and physical anguish. 23. As a direct and proximate result of the aforementioned injuries, Plaintiff Cynthia L. Gardner has undergone and in the future will undergo great pain and suffering for which damages are claimed. 24. As a further result of the aforementioned injuries, Plaintiff Cynthia L. Gardner has suffered and may continue to suffer loss of earnings for which damages are claimed. 25. As a further result of the aforementioned injuries, Plaintiff Cynthia L. Gardner has and/or may in the future incur a loss of earning capacity for which damages are claimed. 26. As a further result of the aforementioned injuries, Plaintiff Cynthia L. Gardner has sustained scarring and disfigurement for which damages are claimed. 27. As a further result of the aforementioned injuries, Plaintiff Cynthia L. Gardner has sustained a permanent diminution of her ability to enjoy life and life's pleasures for which damages are claimed. 28. As a further result of this collision the Plaintiff Cynthia L. Gardner has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses. 29. As a further result of the aforementioned injuries, Plaintiff Cynthia L. Gardner has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility law for which damages are claimed. WHEREFORE, the Plaintiff, Cynthia L. Gardner, demands judgment against the Defendants for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT 111- Loss of Consortium Michael P. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen 30. Paragraphs 1-29 of Plaintiffs Complaint are incorporated herein by reference as if set forth in full. 31. As a result of the injuries sustained by his wife, Cynthia L. Gardner, Michael P. Gardner has been and will be deprived of the assistance, companionship, consortium and society of his wife, all which have been and will be to his great detriment and loss. 32. As a further result of the injuries sustained by his wife, Cynthia L. Gardner, Michael P. Gardner has suffered a loss of earnings for which damages are claimed. WHEREFORE, the Plaintiff, Michael P. Gardner, demands judgment against the Defendants for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT IV- Loss of Consortium Cynthia L. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen Paragraphs 1-32 of Plaintiffs Complaint are incorporated herein by reference as if set forth in full 33. As a result of the injuries sustained by his husband, Michael P. Gardner, Cynthia L. Gardner has been and will be deprived of the assistance, companionship, consortium and society of her husband, all which have been and will be to her great detriment and loss. 34. As a further result of the injuries sustained by her husband, Michael P. Gardner, Cynthia L. Gardner has suffered a loss of earnings for which damages are claimed. WHEREFORE, the Plaintiff, Cynthia L. Gardner, demands judgment against the Defendants for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Date: 3? a Kelly L. B n nno Attorney I. . No. 200811 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: klb@jdsw.com Attorneys for Plaintiffs :345579 VERIFICATION We, MICHAEL P. GARDNER and CYNTHIA L. GARDNER, have read the foregoing document and hereby affirm that it is true and correct to the best of our personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing Complaint are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Date: Date: / -O -ff MI HAEL P. GARDNER NTHIA L. GARDNER CERTIFICATE OF SERVICE AND NOW, this 30th day of September, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Plaintiffs Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Michael B. Scheib, Esquire Griffith Strickler et al 110 S. Northern Way York, PA 17402 Harold A. Rasmyssen 634 Third Street New Cumberland, PA 17070 JOHNSON, DUFFIE, STEWART & WEIDNER By: 1?jn " - 4 Kelly L. o anno c^+ ^; r, <::? c?7 ? i? -., i`1'3 ?:_: .., G..? '.. ?: ? ; ,.: ?? r" . ?.. - - : > ` .1,.. t- . ?? y . , ?-rt ,.? # . C - i w Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com MICHAEL P. GARDNER and CYNTHIA L. GARDNER, Plaintiffs Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-06524 V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO DISMISS The parties hereto, by and through their respective counsel, hereby agree and stipulate as to the following: 1. All parties to this agreement represent that they are in fact authorized to enter into this Stipulation on behalf of their respective clients. 2. All claims and causes of action against Harold Rasmyssen are hereby withdrawn and discontinued with prejudice. 3. This action shall continue without prejudice or effect against the remaining Defendants. Date: 16'"ZG By: - - Kelly L. on nno, Esquire Counsel r ,laintiffs Date: By: I NIP / I 1-i, ? -b?' ? is a 18. heib, Esquire Counsel for Defendants 345579 06 CERTIFICATE OF SERVICE AND NOW, this 20th day of October, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Stipulation to Dismiss upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Michael B. Scheib, Esquire Griffith Strickler et al 110 S. Northern Way York, PA 17402 Harold A. Rasmyssen 634 Third Street New Cumberland, PA 17070 JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly L. on nno r? y f _z 7T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, v. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants NO. 06-6524 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Michael P. Gardner and Cynthia L. Gardner, Plaintiffs c/o Kelly L. Bonanno, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: November 5, 2008 7 i By: MIC AEL B. S IB, ESQU Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Stephen A. Howe, Jr. and Gail K. Howe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, NO. 06-6524 CIVIL TERM V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS STEPHEN A. HOWE, JR. AND GAIL K. HOWE TO PLAINTIFFS' COMPLAINT COMES NOW, the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, by and through their attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and respond to the allegations in Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted in part and denied in part. It is admitted that Defendant Gail K. Howe lives at this address. Defendant Stephen A. Howe, Jr. lives in New York State. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Stephen A. Howe, Jr. was the operator of the vehicle on the day in question. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 4 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 8. Admitted in part and denied in part. It is admitted that the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 9. Denied. This paragraph states a legal conclusion to which no response is required. 10. Denied. This paragraph states a legal conclusion to which no response is required. 11. Denied. This paragraph states a legal conclusion to which no response is required. 2 COUNT I - NEGLIGENCE Michael P. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen 12. Paragraphs 1 through 11 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 13. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 14. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 17. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or 3 information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 18. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 19. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 19 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 20. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 20 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. COUNT II - NEGLIGENCE Cynthia L. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen 21. Paragraphs 1 through 20 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 22. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or 4 information sufficient to form a belief as to the truth of the allegations set forth in paragraph 22 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 23. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 23 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 24. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 24 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 25. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 25 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 26. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 26 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 27. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 27 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 5 28. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 28 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 29. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 29 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. COUNT III - LOSS OF CONSORTIUM Michael P. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen 30. Paragraphs 1 through 29 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 31. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 31 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 32. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 32 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 6 WHEREFORE, the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. COUNT IV - LOSS OF CONSORTIUM Cynthia L. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen Paragraphs 1 through 32 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 33. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 33 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 34. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 34 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. By way of further defense: NEW MATTER 35. Paragraphs 1 through 34 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 7 36. Plaintiffs' injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 37. Plaintiffs' injuries, if any, may be barred or limited by a limited tort selection. 38. Plaintiffs' injuries, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 39. Plaintiffs' injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 40. Plaintiffs' damages were caused by their own conduct. WHEREFORE, the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: November 5, 2008 By: WESQQQIRE MICHAEL B. S HSupreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Attorney for Defendants, Stephen A. Howe, Jr. and Gail K. Howe 8 VERIFICATION I, Stephen A. Howe, Jr., hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiff's' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to farm a belief that one or more of there is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are tare. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: _ MI N6?) .2008 ;'A Stephen A. Howe, Jr. VERIFICATION I, Gail K. Howe, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: 2008 Gail K. Howe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, v. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants NO. 06-6524 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 5t" day of November, 2008, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answer with New Matter of Defendants Stephen A. Howe, Jr. and Gail K. Howe to Plaintiffs' Complaint, by United States First-Class Mail, postage prepaid, addressed as follows: Kelly L. Bonanno, Esquire Mr. Harold A. Rasmyssen Johnson, Duffle, Stewart & Weidner 624 Third Street 301 Market Street New Cumberland, PA 17070 P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By MICHAEL B. SCHEI , E Q RE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorney for Defendants, Stephen A. Howe, Jr. and Gail K. Howe ? ....i _. _ j f F -! _. a Y '? Andrew C. Spears I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com MICHAEL P. GARDNER and CYNTHIA : IN THE COURT OF COMMON PLEAS L. GARDNER, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : CIVIL ACTION - LAW V. STEPHEN A. HOWE, JR., GAIL K. HOWE, and HAROLD A. RASMYSSEN, NO. 06-6524 JURY TRIAL DEMANDED Defendants PRAECIPE TO ENTER/WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs in the above-referenced action. Respectfully submitted: HANDLER, HENNING & ROSENBERG, LLP. By: Q T___ Andrew C7. Spears Atty. I.D. 87737 1300 Linglestown Road Harrisburg, PA 17110 Please withdraw my appearance on behalf of the Plaintiffs in the above-referenced action. Respectfully submitted: By: Kelly L. o anno Atty. I.D. 0811 301 Market Street Lemoyne, PA 17043-0109 Andrew C. Spears I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, Plaintiffs, V. STEPHEN A. HOWE, JR., GAIL K. HOWE, and HAROLD A. RASMYSSEN, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-6524 JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE On 1/12/09, 1 hereby certify that a true and correct copy of a Praecipe to Enter/Withdraw Appearance was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Kelly L. Bonanno, Esquire 301 Market Street Lemoyne, PA 17043-0109 Michael B. Scheib, Esq. GRIFFITH STRICKLER LERMAN 110 South Northern Way York, PA 17402-3737 Respectfully submitted: HANDLER, HENNING & ROSENBERG, LLP. By: Andrew . Spears C7 C C" 7 I L C77 C_ :j? 3 =+ M 3 1 Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney ID: 87737 Tele; (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hhrlaw.com MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, Plaintiffs, v. STEPHEN A. HOWE, JR., GAIL K. HOWE, and HAROLD A. RASMYSSEN, Defendants Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6524 CIVIL TERM : CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ?4 day of February, 2009, I hereby certify that I have, on this date, served the within Plaintiff's Answers to the Interrogatories and Responses to Requests for Production of Defendants, Stephen Howe, Jr., Gail Howe, & Harold Rasmyssen, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Michael B. Schieb, Esq. 110 S. Northern Way York, PA 17402 Date: G Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears, sq. Attorney ID No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs r' ?? ?a r r ?'?.`? ? 7 =. ?,L -? ?x ' ?` ?> ? ' ?.. '? r ?P ?? .,?. I' Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney ID: 87737 Tele: (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hhrlaw.com MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, Plaintiffs, V. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6524 CIVIL TERM STEPHEN A. HOWE, JR., CIVIL ACTION-LAW GAIL K. HOWE, and HAROLD A. RASMYSSEN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of February, 2009, I hereby certify that I have, on this date, served the within Plaintiff's Answers to the Interrogatories and Responses to Requests for Production of Defendants, Stephen Howe, Jr., Gail Howe, & Harold Rasmyssen, by sending a true and correct copy of the same to the attorney of record via first class United States mail, postage prepaid and addressed as follows: Michael B. Schieb, Esq. 110 S. Northern Way York, PA 17402 l Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: qt By: crl-? Andrew C. ars, sq. Attorney ID No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs rja 1 Fri 23 F; P cr% "1 j`:--n1 Ar??D CO3Pdi Y FENNSYLbANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, NO. 06-6524 CIVIL TERM V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL ANSWER TO INTERROGATORY NO. 17 REGARDING MICHAEL GARDNER'S WAGE LOSS CLAIM AND NOW, come the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, by and through their attorneys, Griffith, Strickler, Lerman, Solymos & Calkins, Michael B. Scheib, Esquire, and Erick V. Violago, Esquire, and file the following Motion to Compel Answer to Interrogatory No. 17 Regarding Michael Gardner's Wage Loss Claim, and in support thereof aver as follows: 1. This lawsuit arises out of a rear-end motor vehicle accident that occurred between the parties on November 12, 2004. (See Plaintiff's Complaint, generally). 2. At the time of the accident, Plaintiff Michael Gardner was the operator of a 2002 Chevrolet S-10 pickup truck of which Plaintiff Cynthia Gardner was a passenger. (See Plaintiff's Complaint at Paragraph 6). 3. As a result of the accident, Michael Gardner alleges personal injury. (See Plaintiff's Complaint at Paragraph 13). 4. Michael Gardner has made a claim for past and future wage loss. (See Plaintiff's Complaint at Paragraph 15). 5. On September 3, 2008, Defendants served Michael Gardner with Interrogatories asking Michael Gardner to provide the total amount of wage loss sustained to date as a result of the accident as well as the method of calculating the wage loss claim and basis of the calculation. (A true and correct copy of Interrogatory No. 17 and the Certificate of Service is attached hereto as Exhibit "A") 6. On February 4, 2009, Michael Gardner answered Interrogatory No. 17 by stating that he was in the process of determining his wage loss and would supplement his answer in accordance with the Pa.R.C.P. (A true and correct copy of Michael Gardner's Answer to Interrogatory No. 17 and his Verification is attached hereto as Exhibit "B"). 7. To date, Michael Gardner has not provided a supplemental answer to Interrogatory No. 17. 8. During his deposition on December 22, 2009, Michael Gardner testified that he is the sole proprietor of Gardner Construction, from which he derives all of his income. (See p. 9, lines 6-16 of Michael Gardner's Deposition Transcript attached hereto as Exhibit "C"). 9. Michael Gardner testified that he sustained wage loss, but did not have any clue as to how much wage loss he sustained. (Id. at p. 25, line 22 through p. 26, line 15). 2 10. In 2003, the year before the accident, Michael Gardner filed an income tax return jointly with his wife indicating they lost $29,714 in business income. See 2003 Income Tax Return Form 1040 and Schedule C attached hereto as Exhibit "D"). 11. In 2004, the year of the accident, Michael Gardner lost $341.00 in business income. (See 2004 Income Tax Return Form 1040 and Schedule C attached hereto as Exhibit 66 E99). 12. In 2005, Michael Gardner lost $4,506.00 in business income. See 2005 Income Tax Return Form 1040 and Schedule C attached hereto as Exhibit "F"). 13. Accordingly, the tax returns indicate Michael Gardner's income increased after the accident because he was losing more before the accident compared to after it occurred. 14. Furthermore, at the time of the accident, Michael Gardner was insured by Westfield Insurance with a policy providing $5,000 in first party wage loss benefits. (A true and correct copy of said declarations page is attached hereto as Exhibit "G"). 15. Under 75 Pa.C.S.A. §1722, any first party benefits paid or payable by Michael Gardner's first party carrier is not recoverable. 16. Defendants are unaware of the amount of first party wage loss benefits paid to Michael Gardner or remaining under his policy due to his failure to answer Interrogatory No. 17. 17. Defendants are unable to defend the wage loss claim without being provided with a full and complete answer to answer Interrogatory No. 17. 3 18. Defendants have been unfairly prejudiced by the Michael Gardner's failure to provide the total amount of wage loss incurred to date, as well as the basis for the calculation of the same. 19. It has been Defense counsel's experience that medical providers destroy their medical records after seven (7) years; upon information and belief, Defense counsel avers that employers are not required to maintain their records as long as doctors. 20. Given that the accident occurred almost seven (7) years ago on November 12, 2004, any relevant records may have already been destroyed or about to be destroyed. 21. Defendants have been unable to identify what records are relevant and subpoena them because of Michael Gardner's failure to answer the Interrogatory concerning wage loss. 22. By letters dated February 1, 2011; March 1, 2011; and April 27, 2011, Defendant asked Michael Gardner to supplement his discovery answer regarding the wage loss. (A true and correct copy of said letters are attached hereto as Exhibit "H") 23. Through various a-mails exchanged in May 2011, Defense counsel attempted to obtain an answer regarding the wage loss claim. Attorney Spears essentially argued this was a frivolous motion and Pa.R.C.P. 4003.3 broadly prevents discovery of the mental impressions, conclusions or opinions respecting the value or merit of a claim. (A true and correct copy of said e-mails is attached hereto as Exhibit "I"). 24. To the contrary, Pa.R.C.P. 4003.3 only precludes discovery of the mental impressions of the party's attorney, not the amount of wage loss that the Plaintiff will testify he sustained at trial. 4 25. Accordingly, Defendants respectfully request this Honorable Court direct Michael Gardner to provide a full and complete answer to Interrogatory No. 17. 26. Defense counsel certifies he has sought to resolve this discovery dispute in good faith with Attorney Spears but has been unable to obtain his concurrence. 27. A judge has not ruled on any other issue in this case. 28. Defendant requests oral argument on this Motion and anticipates oral argument will take approximately ten (10) to fifteen (15) minutes. WHEREFORE, Defendants, Stephen A. Howe, Jr. and Gail K. Howe, respectfully request this Honorable Court enter an Order granting this Motion and compelling Plaintiff Michael Gardner to provide a full and complete answer Interrogatory No. 17 regarding his wage loss claim. Date: , 2011 GRIFFITH, SOLYMDB By: MIC 10A'SCHEIB, ESQ., PA 63868 ERIC . VIOLAGO, ESQ., PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib@gslsc.com Eviolago@gslsc.com Attorneys for Defendants, Stephen A. Howe, Jr. and Gail K. Howe 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, v. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants NO. 06-6524 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of August, 2011, I, Erick V. Violago, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Defendants' Motion to Compel Answer to Interrogatory No. 17 Regarding Michael Gardner's Wage Loss Claim by United States First-Class Mail, postage prepaid, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) GRIFFITH, SOLYMD By: MICHAEL : jjf-jRREIB, ESQ., PA 63868 ERICK V ,OkOLAGO, ESQ., PA 202344 110 Sou orthern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib@gslsc.co m Eviolago@gslsc.com Attorneys for Defendants, Stephen A. Howe, Jr. and Gail K. Howe EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, NO. 06-6524 CIVIL TERM V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES/REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS TO PLAINTIFF MICHAEL P. GARDNER SET NO. 1 To: Michael P. Gardner, Plaintiff c/o Kelly L. Bonanno, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 The Defendants, Stephen A. Howe, Jr. and Gail K. Howe, by their attorneys, Michael B. Scheib, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, hereby demands that Plaintiff Michael P. Gardner answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiant obtains further information between the time the answers are served and the time of the trial. Also, pursuant to Pa. R.C.P. Rule 4009. 1, et seq., as amended, Plaintiff Michael P. Gardner is requested to produce for inspection, examination and copying, at the offices of Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York, Pennsylvania 16. If you have returned to work, either on a full-time or part-time basis, when did you return and state whether the return has been to full-time or part-time employment. 17. Exactly how much income, if any, do you claim to have lost to date as a result of the within accident and state the method of calculating said loss and the facts upon which you rely to base your calculations. 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband husband and wife, NO. 06-6524 CIVIL TERM V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3`a day of September, 2008, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendants to Plaintiff Michael P. Gardner Set No. 1, by United States First-Class Mail, postage prepaid, addressed as follows: Kelly L. Bonanno, Esquire Mr. Harold A. Rasmyssen Johnson, Duffie, Stewart & Weidner 624 Third Street 301 Market Street New Cumberland, PA 17070 P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK S By: - MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorney for Defendants, Stephen A. Howe, Jr. and Gail K. Howe EXHIBIT "B" Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney ID: 87737 Tele: (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hbrlaw.com MICHAEL P. GARDNER and CYNTHIA L GARDNER, husband and wife, Plaintiffs, V. STEPHEN A. HOWE, JR., GAIL K. HOWE, and HAROLD A RASMYS SEN, Defendants Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6524 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED PLAINTIFF MICHAEL GARDNER'S ANSWERS TO DEFENDANTS' INTERROGATORIES & RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS To: Stephen Howe, Jr., Gail Howe, & Harold Rasmyssen c/o Michael B. Schieb, Esq. 110 S. Northern Way York, PA 17402 ATTACHED are Plaintiff's Answers to the Interrogatories and responses to Requests for Production of Defendants, Stephen Howe, Jr., Gail Howe, & Harold Rasmyssen. ANSWER: 11/12/04. 16. If you have returned to work, either on a full or part-time basis, when did you return and state whether the return has been to full or part-time employment. ANSWER: I am self employed and have attempted to return to my business, Gardner Construction, but have found that due to my injuries from the MVA, I am no longer able to do the same work that I performed before, or able to work as many hours. 17. Exactly how much income, if any, do you claim to have lost to date as a result of the within accident and state the method of calculating said loss and the facts upon which you rely to base your calculations. ANSWER: Plaintiff is in the process of determining the loss of income from his business and will supplement his answer to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 18. Of your own knowledge, will it be necessary for you to have future medical treatment by reason of the within accident and, if so, who advised you of the need for treatment and describe the type of treatment discussed. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) OBJECTION: This Interrogatory requires the Plaintiff to render expert medical opinions which he is not qualified to make. Without waiving the said objections, I do not know. By way of further response, see Plaintiff's billing statements attached to Plaintiff's Response to Defendant's Requests For Production. 19. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. ANSWER: It has not yet been determined which experts will testify the time of trial. Plaintiff reserves the right to supplement his answer to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 20. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education, the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) ANSWER: It has not yet been determined which experts will testify the time of trial. Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also 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. Mic ael P. Gardner Date: EXHIBIT "C" MICHAEL P. GARDNER AND CYNTHIA L. GARDNER, HUSBAND AND WIFE, PLAINTIFFS V STEPEN A. HOWE, JR., GAIL K. HOWE, AND HAROLD A. RASMYSSEN, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-6524 JURY TRIAL DEMANDED DEPOSITION OF: MICHAEL P. GARDNER TAKEN BY: DEFENDANTS HOWE BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: DECEMBER 22, 2009, 8:55 A.M. PLACE: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: ANDREW C. SPEARS, ESQUIRE FOR - PLAINTIFFS GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: F. DEAN MORGAN, ESQUIRE FOR - DEFENDANTS HOWE ALSO PRESENT: CYNTHIA L. GARDNER Hughes, Albright, Foltz & Natale Reporting Service, Inc. 3540 N. Progress Avenue • Suite 207-A • Harrisburg, PA 17110 717-540-0220 • Fax 717-540-0221 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Oh, yeah? Q Do you currently work? A Yeah. Yes. Q And do you work for yourself by the way? A Yes. Q Does your company have a fictitious business name, or is it organized as a corporation? A Gardner Construction. I'm a sole proprietor. Q What type of construction do you do? A New homes, small offices, once in awhile remodeling. Q Do you derive all your income from Gardner Construction Company? A Yes. Q How long have you owned Gardner Construction? A 1982. Q I'm going to talk a little bit about the accident that occurred on November 12, 2004. We're not going to talk about the injuries at this point in time, okay? Can you describe for me what happened in that accident that occurred on November 12th, 2004? A Yeah, we were sitting at a red light and got hit from behind. Q Okay. Do you recall where that occurred? A Yes, right at the overnight Home Depot 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first floor on, and I would be walking along, and I'd get a spasm in my back and be down on my hands and knees. Q Have you had back surgery at all -- A No. Q -- other than your injections? A And I don't want back surgery. Q Has any doctor recommended back surgery? A Dr. Lippe, and I said no. Q When did he recommend that surgery? A He discussed that with the back shots. Q Okay. And is there a particular reason why you don't want to have the back surgery? A My mother had back surgeries three or four times. Q And you don't think the outcome would be good or A No, unless I can't move, they're not cutting me. Q Okay. Now, again I'm not asking you to be a doctor, but is there a particular type of surgery that he recommended? A No. He just said it was an option to alleviate the pain. Q As a result of the injuries you're claiming from this accident have you suffered a loss in business? A Yes, sir. Q Okay. And do you have an estimate about how much 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you believe you have lost? A No, I don't. I don't have any clue. Q And in your own words why do you believe that you have lost money as a result of this accident? A I'm one of the rare contractors that physically do the work, okay? I'm not hiring people to do the work, so when I can't do the work I can't make the money. I call most of the builders out there money manipulators because they couldn't build anything if their life depended on it. Okay? MR. MORGAN: Okay. Off the record. (Discussion held off the record.) BY MR. MORGAN: Q But you don't know how much of a loss that is? A No, I don't. Q Okay. You have reduced the number of hours that you would work? A It takes me two to three times as long to do the same thing it used to take me minutes to do before, and that's why I'm so frustrated. Q Are you paid on a time and material basis or a project basis? A Both. It depends on how the contracts are set up. Q Okay. EXHIBIT "D" i Li Department of the Treasury - Internal Revenue Service 2003 thi l i Form1040 U.S. Individual Income Tax Return s space. e n 99 IRS Use Only - Do not write or stap For the year Jan 1 - Dec 31, 2003, or other tax ear beginning 2003, ending 20 OMB No. 1545-0074 Label Your first name MI Last name Your social security number (See instructions.) Michael P. Gardner 191-46-1202 If a joint return, spouse's first name MI Last name spouse's social security number Use the IRS label. Cynthia L. Gardner 170-54-4837 Otherwise, Home address (number and street). If you have a P.O. box, see instructions. Apartment no. . Important! please print or type P.O. Box 427 - You must enter your social ber(s) above it . City, town or post office. If you have a foreign address, see instructions. State ZIP code . y num secur Presidential Dauphin, PA 17018 Election Campaign ® Note: Checking 'Yes' will not change your tax or reduc t $3 t j You Spouse e your refund. 1. Yes F XI Yes X No o to this fund? to (See instructions.) urn, wan oint re Do ou, or our spouse if filing a ......... g 1 Single 4 Head of household (with qualifying person). (See Filing Status instructions. If the qualifying person is a child 2 X Married filing jointly (even if only one had income) but not your dependent, enter this child's 3 Married filing separately. Enter spouse's SSN above & full name here Check only one box. name here.. t. 5 n Qualifying widow(er) with dependent child. (See instructions.) 6a X Yourself. If your parent (or someone else) can claim you as a dependent on his or No. of boxes checked on Exemptions her tax return, do not check box 6a .......... .. ................................. - 6a and 6b.... 2 No: of If more than five dependents, see instructions. (2) Dependent's (3) Dependent's (4) if on 6c WI c Dependents: social security relationship qualifying • lived number to you y child for child tax credit with you (1) First name Last name (see instrs) s did n Michael P. Gardner 203-66-4594 Son du with due to d Zachar T. Gardner 190-70-9332 Son I X1 (see ins' Depend - on 6c nr entered Add nut - on lines o: it you vo rce ttion rs).. . nts t above. tbers d Total number of exemptions claimed ...................................................... above .... 0- 4 Attach Form(s) W-2 ........................................ s etc salaries ti es 7 W 7 23,406. , . , p , ag ............................... Income 8 Attach Schedule B if required interest bl T 8a 44. ..... e . axa a b Tax-exempt interest. Do not include on line 8a ............ 8b ................................. Attach Schedule B if required dividends 9 O di <':<`:':<>« 9a 245. .... . nary a r Attach Forms W-2 and W-2G b Qualfd diva 9b 245. here. Also attach (see instrs) ................................................ or offsets of state and local income taxes (see instructions) ...................... credits able refunds 10 T < 10 , , ax Form(s) 1099-R if . ................................. . . was withheld received t 11 Alimon 11 . . ............................ . ax y Attach Schedule C o1- C-F_Z ................................ 12 Business income or (loss) 12 -29,714. . ... ........ ck here If not regd Att Sch D if regd r (loss) i 13 C it l 13a 17,359. .......... . , . ga n o a ap a If you did not b If box on 13a is, checked, enter 13b get a W-2, see post May 5 capital gain distributions........... Attach Form 4797 ..... .......... . ains or (losses) 14 Other ti t i . g ons. ns ruc 15a IRA distributions 15a b Taxable amount (see instrs).. 15b .......... 16a Pensions and annuities ll R Ha 29 616. b Taxable amount (see instrs).. 16b 0. , .... over o trusts, etc. Attach Schedule E. S corporations artnerships ro alties tal real estate 17 R 17 -3,953. , , , p y , en .............................. Attach Schedule F come or (loss) 18 F i 18 ..... ........ . arm n Enclose, but do ...................................... . not attach any 19 Unem ensation ment com lo 19 , . ............... y p p payment. Also, ? b Taxable amount (see instrs).. 120al benefits 20a Social securit 20b - ......... y l v ease 1 use 0404 21 Other income 21 _ ____________ onn . 22 Add the amounts in the_ far_ri ht column for lines 7 throw _h 21. This is our total income' 22 7,387. 23 Educator expenses (see instructions) ...................... Adjusted 24 IRA deduction (see instructions) .............. ........... Gross 25 Student loan interest deduction (see instructions) ..... .... R Income 26 Tuition and fees deduction (see instructions) ............... 26 27 Moving expenses. Attach Form 3903 ..................... 28 One-half of self-employment tax. Attach Schedule SE ...... 28 . 29 Self-employed health insurance deduction (see instrs)..... 29 SIMPLE, and qualified plans .......... 30 Self-employed SEP 30 >" `` , 31 Penalty on early withdrawal of savings .................... 31 32a Alimony paid b Recipient's SSN.... 32a .................... ..... . . . . . . . 33 Add lines 23 through 32a . . . . . . . . . . . . . . . . . . . . . . . . . 33 0 ..... 34 Subtract line 33 from line 22. This is our adjusted gross inc ome . ................... 34 7,387. BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112L 01/16/04 Form 1040 (2003) Fnrm roan rgnnsl Mi chARI P _ and Cvnthi a T.. Gardner 191-46-1202 Paae 2 nd 35 Arnount from line 34 (adjusted gross income) ............... ...................... T 35 7,387. ax a Credits 36a Check You were born before January 2, 1939, Blind. Total boxes if: tHSpouse was born before January 2, 1939, HBIind. checked ° 36a Standard b If you are married filing separately and your spouse itemizes deductions, Deduction or you were a dual-status alien, see instructions and check here ............. ° 36b for - • • People who 37 Itemized deductions (from Schedule A) or your standard deduction (see left margin) .... ................ "'"'» :; ....j>'% 37 5,426. checked any box 38 Subtract line 37 from line 35 ........................................................ 38 -8,039. on line 36a or 366 or who can be claimed as a 39 If line 35 is $104,625 or less, multipl $3,050 by the total number of exemptions claimed y on line 6d. If line 35 is over $104,625, see the worksheet in the instructions ............. 9 2,200. dependent, see instructions 40 Taxable income. Subtract line 39 from line 38. If line 39 is more than line 38, enter -0 ....................................................... 40 0. . 41 Tax (see instrs). Check if any tax is from a [] Form(s) 8814 b F] Form 4972 ........................ 41 0. • All others: Single or Married 42 Alternative minimum tax (see instructions). Attach Form 625.1 ............... . • ..... • ... 42 filing separately, 43 Add lines 41 and 42 .......................... ................................... ° 43 0. $4,750 44 Foreign tax credit. Attach Form 1116 if required............ 44 ......... Married filing 45 Credit for child and dependent care expenses. Attach Form 2441.......... 45 jointly or Qualifying 46 Credit for the elderly or the disabled. Attach Schedule R.... 46 widow(er), 47 Education credits. Attach Form 8863.. ................... 47 s€ $9,500 48 Retirement savings contributions credit. Attach f=orm 8880.. 48 Head of 49 Child tax credit (see instructions) ......................... 49 household, 000 $7 50 Adoption credit. Attach Form 8839 ........................ 50 ...:::::.. ?< , 51 Credits from: a F] Form 8396 b Form 8859 ................ 51 52 Other credits. Check applicable box(es): a []Form 3800 F >'•':. b orm c Specify 8801 52 53 Add lines 44 through 52. These are your total credits ........ ...... .................... 53 54 Subtract line 53 from line 43. If line 53 is more than line 43, enter -0 :................. ° 54 0 . 55 Self-employment tax. Attach Schedule SE ................ .................................. 55 Other 56 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 .................. 56 Taxes 57 Tax on qualified plans, including IRAs, and other tax-favored accounts. Attach Form 5329 if required........... 57 58 Advance earned income credit payments from Form(s) W-2 ............................ 58 59 Household employment taxes. Attach Schedule H ..................................... 59 60 Add lines 54-59. This is your total tax ..................................................... ° 60 0. Payments 61 Federal income tax withheld from Forms W-2 and 1099...... 61 1,756. If you have a 62 2003 estimated tax payments and amount applied from 2002 return........ 62 1,900. qualifying 63 Earned income credit(EIC) ............................... 63 child, attach S h d l EIC 64 Excess social security and tier 1 RRTA tax withheld (see instructions)...... 64 c e u e . 65 Additional child tax credit. Attach Form 8812 .............. 65 66 Amount paid with request for extension to file (see instructions).......... 66 67 Other pmts from: a F] Form 2439 b [] Form 4136 c F] Form 8885 67 68 Add lines 61 through 61. These are your total payments ................. ..... .................. ° 68 3, 656. Refund 69 If line 68 is more than line 60, subtract line 60 from line 68. This is the amount you overpaid ............... 69 3,656. osit? 70a Amount of line 69 you want refunded to you. . ...... ........................ ° Direct de 70a 3,656. p See instructions 0- b Routing number........ XXXXXXXXXX s c Type: Checking Savings and fill in 70b, . d Account number........ XXXXXXXXXXXXXXXXXXXXXXXX 70c, and 70d. 71 Amount of line 69 you want applied to our 2004 estimated tax........ I F71 :`?? Amount 72 Amount you owe. Subtract line 68 from lisle 60. For details on how to pay, see instructions ............... ° 72 r uu vvvc 73 Estimated tax penalty (see instructions) ................... 1 73 ? ('.?l??s?z?s'?>'•#:`»>?':?>##?><•>?<s;?a?'?.'s<!?'??; Third Party Do you want to alow another person to discuss this return with the IRS Designee (see instructions)? .......................................................... ? Yes. Complete the following. []No Designee's Phone Personal identification name no. number (PIN) Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Your signature Date Your occupation Daytime phone number Joint return? See instructions. Self-Em l Bldg Con 717 571-5566 Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation •'"'':':%''0'': ::::;:;i;:;:`•:+ii#%::?::: for your records . ualit Assurance 1 y ? t ? - Date Prepa -er's SSN or PTIN Paid arer ure s 11" Bradle signat - A. tze'?, ;O 'A A Me 1/17/05 Check ifself-employed 159-58-8973 Preparer's Firm's name Mentzer `& 'om an } . Use Only or ours IT ( self-employed),, 35 E. High Street, Su- to 104 EIN 23-2937028 address, and ZIP code Carlisle, PA 17013 Phone no. (717) 249-6327 Form 1040 (2003) FDIA0112L 01116/04 SCHEDULE C I Profit or Loss From Business (Form 1040) (Sole Proprietorship) De arlment of the Treasury o- Partnerships, joint ventures, etc, must file Form 1065 or 1065-13. Internal Revenue Service (99) Attach to Form 1040 or 1041. See Instructions for Schedule C (Form 1040). OMB No. 1545-0074 2003 09 Name of proprietor Social security number(SSN) Michael P. Gardner 191-46-1202 A Principal business or profession, including product or service (see instructions) B Enter code from instructions Construction - Housing 236100 C Business name. If no separate business name, leave blank. D Employer to number (EIN), if any Gardner Construction 23-2307534 E Business address (including suite or room no.) _ _ _ _ _ __ _ _ _ _ _ _ _ _ City, town or post office, state, and ZIP code - - - - - - - - - F Accounting method: (1) n Cash (2) E]Accrual (? [X] Other (specify) - _HYbrid_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - G Did you 'materially participate' in the operation of this business during 2003? If 'No,' see instructions for limit on losses.. ? Yes n No H If you started or acquired this business during 2003, check here ............... n rta>i>> income 1 Gross receipts or sales. Caution. If this income was reported to you on Form W-2 and the ? 'Statutory employee' box on that form was checked, see the instructions and check here.......... 2 Returns and allowances .............................................................................. 3 Subtract line 2 from line 1 ............................................................................ 4 Cost of goods sold (from line 42 on page 2) .......................... ................................. 5 Gross profit. Subtract line 4 from line 3 .............................................................. . 6 Other income, including Federal and state gasoline or fuel tax credit or refund ........................... . 177,140. 3 177,140. 4 156,499. 20,641. 7 Gross income. Add lines 5 and 6 ............... .. .... ................................... "-1 7 1 20, 641. i l lk i : 97YnA"CAC Fnf- pvnpnc- fnr hi icin.cc i mp of vni it hnma nnly nn line 30. -::.:-::.-:.:-::::::: ............. . 8 Advertising 8 19 Pension and profit-sharing plans ........ 19 .... . 9 Car and truck exp enses ........... (see instructions) . 9 5,795. 20 Rent or lease (see instructions): a Vehicles, machinery, and equipment..... .......... 20a 8,042. . 10 Commissions and fees. . ...... 10 b Other business property ................ 20b 21 Repairs and maintenance ............... 21 193. 11 Contract labor (see instructions) 11 22 Supplies (not included in Part III) ........ 22 12 Depletion .................... 12 23 Taxes and licenses..................... 23 13 Depreciation and section 179 expense deduction 24 Travel, meals, and entertainment: a Travel .............. ......... 24a 3,296. not included in Part 111) see instructions) ............. 13 9,062. bMeals and entertainment.... 1,288. 14 Employee benefit programs (other than on line 19)• ........ 14 15 Insurance (other than health) .. 15 5,527 . c Enter nondeductible amount on ns 1 16 Interest: :::>:<:::»:;:: st s).. (see in line 24b 644 . a Mortgage (paid to banks, etc)........ 16a 11,056. d Subtract line 24c from line 24b.......... 24d 644. b Other ........................ 16b 3,413. 25 Utilities ............................... 25 17 Legal & professional services.. 17 500. 26 Wages (less employment credits)........ 26 18 Office expense ............... 18 323. 27 Other expenses (from line 48 on page 2) ......... 27 4, 134. 28 Total expenses before expenses for business use of home. Add lines 8 through 27 in columns............ > 28 51, 985. 29 Tentative profit (loss). Subtract line 28 from line 7 ...................................................... 29 -31, 344. 30 Expenses for business use of your home. Attach Form 8829 ............................................. 30 31 Net profit or (loss). Subtract line 30 from line 29. • If a profit, enter on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see instructions). Estates and trusts, enter on Form 1041, line 31 -31, 344. • If a loss, you must go to line 32. J 32 If you have a loss, check the box that describes your investment in this activity (see instructions). • If you checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2 All investment is (statutory employees, see instructions). Estates and trusts, enter on Form 1041, line 3. 32a XO at risk. InSome investment • If you checked 32b you must attach Form 6198. 32b I I is not at risk. BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule C (Form 1040) 2003 FDIZ0112L 10114103 EXHIBIT "E" Department of the Treasury - Internal Revenue Service Form 1040 U.S. Individual Income Tax Return For the year Jan 1 - Dec 31, 2004, or other tax year beginning Your first name MI Last name o p? ?O IRS Use Only - Do not write or staple in this space. , 20 OMB No. 1545-0074 Label (See instructions.) Michael P. Gardner If a joint return, spouse's first name MI Last name Use the IRS label. Otherwise, please print or type. Presidential Election Campaign (See instructions.) Filing Status Check only one box. Cvnthia L. Gardner Home address (number and street). If you have a P.O. box, see instructions. 220 Regal View City, town or post office. If you have a foreign address, see instructions. Carlisle, PA 17013 Apartment no 1 Slate ZIP code Your social security number 191-46-1202 Spouse's social security number 170-54-4837 Important! it You must enter your social security number(s) above. Note: Checking 'Yes' will not change your tax or reduce your refund. You Spouse Do you, or our spouse if filing a joint return, want $3 to go to this fund? .......... Yes X No Yes X No 1 Single 4 Head of household (with qualifying person). (See 2 X Married filing jointly (even if only one had income) instructions.) If the qualifying person is a child but not your dependent, enter this child's 3 Married filing separately. Enter spouse's SSN above & full name here. 0'- name here . ® 5 n Qualifying widow(er) with dependent child (see instructions) X Yourself. If someone can claim you as a dependent, do not check box 6a............ Boxes checked 6a y . Ton 6a and 66 .. 2 b X $ ouse ................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No. of children on 6c who: Exemptions If more than four dependents, see instructions. (2) Dependent s (3) Dependent s (4) if C Dependents: social security relationship qualifying • lived number to you child for child with yon (1) First name Last name tax credit (see instrs) s did n livewlth Michael P. Gardner 203-66-4594 Son due to d or sepa. ns Zachary T. Gardner 190-70-9332 Son -- X ? De e De end - p p on 6c m entered Add nw 2 )t you vorce ation rs) . . !nts above . rbers ?- - on ones 10- d Total number of exemptions claimed ........................................................ above ..... 4 Income Attach Form(s) W-2 here. Also attach Forms W-213 and 1099-R if tax was withheld. If you did not get a W-2, see instructions Enclose, but do not attach, any payment. Also, please use Form 1040-V. 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ......................................... 7 23,918. 8a Taxable interest. Attach Schedule B if required ......................................... 8a 29. b Tax-exempt interest. Do not include on line 8a ............. I 8bl 9a Ordinary dividends. Attach Schedule B if required ...................................... b Qeeltd d?s? I 9 bl 15 . ................................................. 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) ...................... 11 Alimony received ......... ............. ....................................... 12 Business income or (loss). Attach Schedule C or C-EZ .................................. 13 Capital gain or (loss). Att Sch D if regd. If not regd, ck here . ........................ IN.- 11 14 Other gains or (losses). Attach Form 4797 ...... ....................................... 15a IRA distributions .......... 15a b Taxable amount (see instrs). . 16a Pensions and annuities.... 16a _ b Taxable amount (see instrs). . 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . 18 Farm income or (loss). Attach Schedule F ...... ....................................... 19 Unemployment compensation ................. ....................................... 20a Social security benefits......... 120al b Taxable amount (see instrs) .. 21 Other income Net Operating Loss Carryover _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 22 Add the amounts in the far right column for lines 7 through 21. This is your total income P.- 23 Educator expenses (see instructions) .......... ........... 23 Adjusted 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials. Attach Form 2106 or 2106-ET ................... 24 Income 25 IRA deduction (see instructions) ........................... 25 26 Student loan interest deduction (see instructions)... ....... 26 27 Tuition and fees deduction (see instructions) ............... 27 28 Health savings account deduction. Attach Form 8889 ....... 28 29 Moving expenses. Attach Form 3903 ....................... 29 30 One-half of self-employment tax. Attach Schedule SE ...... 30 31 Self-employed health insurance deduction (see Instrs)...... 31 32 Self-employed SEP, SIMPLE, and qualified plans .......... 32 33 Penalty on early withdrawal of savings ..................... 33 gal 15. 10 11 12 _ -341. 13 14 15b 16b 8,250. 17 3,958. 18 19 20b 21 -8,039. 22 27,790. 34a Alimony paid b Recipient's SSN.... I" 34a 35 Add lines 23 through 34a ................................................................... 35 36 Subtract line 35 from line 22. This is our adjusted gross income .................... 36 BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112L 11110/04 0. 27,790. Form 1040 (2004) Form 1040 Tax and Credits Michael P. and Cynthia L. Gardner 191-46-1202 37 Amount from line 36 (adjusted gross income) .......................................... 37 38a Check ?BYou were born before January 2, 1940, 8 Blind. Total boxes 17-- if: S use wa born before Januar 2 1940 Blind checked I` 38a Standard Deduction for - • People who checked any box on line 38a or 38b or who can be claimed as a dependent, see instructions. • All others: Single or Married filing separately, $4,850 Married filing jointly or Qualifying widow(er), $9,700 Head of household, $7,150 pos y b If your spouse itemizes on a separate return, or you were a dual-status ? alien, see instructions and check here ..................................... '- 38b 39 Itemized deductions (from Schedule A) or your standard deduction (see left margin) ..................... 40 Subtract line 39 from line 37 .......................................................... 41 If line 37 is $107,025 or less, multiply $3,100 by the total number of exemptions claimed on line 6d. If line 37 is over $107,025, see the worksheet in the instructions .............. 42 Taxable income. Subtract line 41 from line 40. . ............. . If line 41 is more than line 40, enter -0 ..................... .......... 43 Tax (see instrs). Check if any tax is from: a Form(s) 8814 b F]Form 4972 ........................ 44 Alternative minimum tax (see instructions). Attach Form 6251 .......................... . 45 Add lines 43 and 44 ............................................................... 46 Foreign tax credit. Attach Form 1116 if required............ 46 47 Credit for child and dependent care expenses. Attach Form 2441.......... 47 48 Credit for the elderly or the disabled. Attach Schedule R .... 48 49 Education credits. Attach Form 8863 ....................... 49 50 Retirement savings contributions credit. Attach Form 8880.. 50 51 Child tax credit (see instructions) .......................... 51 568. 52 Adoption credit. Attach Form 8839 ......................... 52 53 Credits from: a P Form 8396 b F] Form 8859 ................ 53 54 Other credits. Check applicable box(es): a R Form 3800 b ? Form c Specify 54 8801 55 Add lines 46 through 54. These are your total credits .................................. 56 Subtract line 55 from line 45. If line 55 is more than line 45, enter -0 ................. 57 Self-employment tax. Attach Schedule SE ..................................................... . Other 58 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 ................. . Taxes 59 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required ................... 60 Advance earned income credit payments from Form(s) W-2 ............................ . 61 Household employment taxes. Attach Schedule I-l ...................................... 62 Add lines 56-61. This is your total tax ...................................................... 11- 39 Page 2 7,790. 9.700. l 41 12,400. 42 5,690. 43 568. 44 0. 45 568. 55 568. 56 0. 57 58 59 825. 60 61 62 825. ments 63 Federal income tax withheld from Forms W-2 and 1099..... Pa 63 3, 249. y 64 2004 estimated tax payments and amount applied from 2003 return ....... 64 If you have a qualifying 65a Earned income credit (EIC) ................... a child, attach b Nontaxable combat pay election..... 01 65 b Schedule EIC. T 66 Excess social security and tier 1 RRTA tax withheld (see instructions)...... 66 67 Additional child tax credit. Attach Form 8812 ............... 67 432. 68 Amount paid with request for extension to file (see instructions).......... 68 69 Other pmts from: a 11 Form 2439 b ? Form 4136 c 11 Form 8885 69 297. 70 Add lines 63, 64, 65a, and 66 through 69. These are your total payments .................................... ..... 10? ................... 70 3,978. Refund 71 If line 70 is more than line 62, subtract lisle 62 from line 70. This is the amount you overpaid ................ 71 3,153. it? 72a Amount of line 71 you want refunded to ou ....... ................................ I" Di t d 72a 3,153. rec epos See instructions b Routing number........ XXXXXXXXXX - c Type: Checking F]Savings and fill in 72b, . d Account number........ XXXXXXXXXXXXXXXXXXXXXXXX 72c, and 72d. 73 Amount of line 71 you want applied to your 2005 estimated tax ....... ','173 Amount 74 Amount you owe. Subtract line 70 from line 62. For details on how to pay, see instructions .............. " 74 You Owe 75 Estimated tax penalty (see instructions ................... 175 I , tions)?.......... 11 Yes. Complete want to allow another person to discuss this return with the IRS (see instrruc ou ta following. No Third Party Doy ' o g e a Designee s name no. number (PIN) Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and Si gn belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Your signature Date Your occupation Daytime phone number Joint return? See instructions. / Self-Em 1 Bldg Con (717) 571-5566 Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation for your records. I Quality Assurance Date Preparer's SSN or PTIN Paid S signature I Bradley A. Mentzer, CPA 1/10/06 Check if self-employed 159-58-8973 Preparer's Firm's name Mentzer & - Company, P.C. Use Only or if ( se lf-emrployed),I 35 E. High Street, Suite 104 EIN 23-2937028 address, and ZIP code Carlisle, PA 17013 Phoneno. (717) 249-6327 Form 1040 (2004) FDIA0112L 11/10/04 SCHEDULE C Profit or Loss From Business OMB No. 1545-0074 (Form 1040) (Sole Proprietorship) A 200L? Department of the Treasury ' Partnerships, joint ventures, etc, must file Form 1065 or 1065-B. Internal Revenue Service ' Attach to Form 1040 or 1041. ? See Instructions for Schedule C (Form 1040). 09 Name of proprietor Social security number (SSN) Michael P. Gardner 191-46-1202 A Principal business or profession, including product or service (see instructions) B Enter code from Instructions Construction - Housing -236100 C Business name. If no separate business name, leave blank. D Employer to number (EIN), If any Gardner Construction 23-2307534 __________ E Business address(includingsuiteorroomno.)? _________________ _____________________ City, town or post office, state, and ZIP code F Accounting method: (1) Cash (2) 11 Accrual (3) X Other (specify) ? _Hybrid_ _ _ _ _ _ _ _ _ _ G Did you 'materially participate' in the operation of this business during 2004? If 'No,' see instructions for limit on losses.. XYes No H If you started or acquired this business during 2004, check here .................................... ......................... Part I Income 1 Gross receipts or sales. Caution. If this income was reported to you on Form W-2 and the 'Statutory employee' box on that form was checked, see the instructions and check here.......... ? ? 1 479,561._ 2 Returns and allowances .......................................... ............................... ....... 2 3 Subtract line 2 from line 1 ........................................ ............................... ....... 3 479, 561. 4 Cost of goods sold (from line 42 on page 2) ....................... ............................... ....... 4 397,302. 5 Gross profit. Subtract line 4 from line 3 ........................... ............................... ....... 5 82,259. 6 Other income, including Federal and state gasoline or fuel tax credit or refund ....................... ....... 6 7 Gross income. Add lines 5 and 6 ..................................................................... 1"1 7 1 82,259. Part II 1 EXDenses. Enter expenses for business use of vour home only on line 30. 8 Advertising .................... 8 19 Pension and profit-sharing plans......... 19 9 Car and truck expenses ...... (see instructions) 9 6,541. 20a VRent or lease ehicles, machinery, and t equipment.... . 20a 10,214. 10 Commissions and fees......... 10 b Other business property ................. 20b 11 C t t l b 21 Repairs and maintenance ............... 21 923. on rac a or (see instructions) .............. 11 22 Supplies (not included in Part III) ........ 22 814. 12 Depletion ..................... 12 23 Taxes and licenses ..................... 23 5, 401. 13 Depreciation and section 179 expense deduction (not included in Part III) 24 Travel, meals, and entertainment: a Travel .................................. 24a 2, 928. (see instructions) .............. 13 5,009. b Meals and 14 Em lo ee benefit ro rams entertainment .... 1,204. p y p g (other than on line 19)......... 14 c Enter nondeduc- 15 Insurance (other than health)... 15 5,340. tible amount in- eluded on line 16 Interest: 24b (see instrs)... 602 . a Mortgage (paid to banks, etc) ........ 16a 29,653. d Subtract line 24c from line 24b........... 24d 602. bother ......................... 16b 5,299. 25 Utilities................................. 25 17 Legal & professional services .. 17 3,500. 26 Wages (less employment credits)........ 26 18 Office expense ................ 18 1, 024. 27 Other expenses (from line 48 on page 2).......... 27 6, 578. 28 Total expenses before expenses for business use of home. Add lines 8 through 27 in columns ........... 1` 28 83,826. 29 Tentative profit (loss). Subtract line 28 from line 7 ........................................................ 29 -1,567. 30 Expenses for business use of your home. Attach Form 8829 .............................................. 30 31 Net profit or (loss). Subtract line 30 from line 29. • If a profit, enter on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see instructions). Estates and trusts, enter on Form 1041, line 3. ....... 31 -1,567. • If a loss, you must go to line 32. J 32 If you have a loss, check the box that describes your investment in this activity (see instructions). • If you checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2 All investment is (statutory employees, see instructions). Estates and trusts, enter on Form 1041, line 3. 32a AI at risk. Some investment • If you checked 32b, you must attach Form 6198. 32b F] is not at risk. BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule C (Form 1040) 2004 FDIZ0112L 05/06/04 Schedule C (Form 1040) 2004 Michael P. Gardner 191-46-1202 Page 2 -ari Ill UOST OT UOOaS JOIp (see instructions) 33 Method(s) used to value closing inventory: a Cost b X Lower of cost or market c Other (attach explanation) 34 Was there any change in determining quantities, costs, or valuations between opening and closing inventory? If 'Yes,' attach explanation ........................................................................................ n Yes X] No 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation . .................................................................................... 35 329,180. 36 Purchases less cost of items withdrawn for personal use ..................................................I 36 1 276, 705. 37 Cost of labor. Do not include any amounts paid to yourself ................................................ 37 38 Materials and supplies .................................................................................. 38 39 Other costs ............................................................................................ 39 40 Add lines 35 through 39 ................................................................................. 40 605,885. 41 Inventory at end of year .............. .......... 41 208, 583. 42 Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1, line 4 ............... 42 397,302. 'art IV Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes? (month, day, year) 44 Of the total number of miles you drove your vehicle during 2004, enter the number of miles you used your vehicle for: a Business b Commuting cOther 45 Do you (or your spouse) have another vehicle available for personal use? ............................................ nYes 1-1 No 46 Was your vehicle available for personal use during off-duty hours? ................................................... nYes F]No 47a Do you have evidence to support your deduction? ................................................................... 1-1 Yes FjN o bIf'Yes,'is the evidence written? ................................................................................... I IYes I IN o [Part Vt Per Expenses. List below business expenses not included on lines 8-26 or line 30. Bank Charges __---- ------- --------------------------------------- Fuel for heavy_eQuipment ---- --------------------------------------- Miscellaneous Postage Telephone_ 48 Total other expenses. Enter here and on page 1, line 27 ................................................. 53. 3,041. 638. 140. 2,706. 148 I 6,578. Schedule C (Form 1040) 2004 FDIZ0112L 05106104 SCHEDULE C Profit or Loss From Business (Form 1040) (Sole Proprietorship) Department of the Treasury ' Partnerships, joint ventures, etc, must file Form 1065 or 1065-13. Internal Revenue Service ' Attach to Form 1040 or 1041. ? See Instructions for Schedule C (Form 1040). OMB No. 1545-0074 2004 09 Name of proprietor Social security number (SSN) Michael P. Gardner 191-46-1202 A Principal business or profession, including product or service (see instructions) B Enter code from Instructions Vending sales - candy, snacks _ -454210 C Business name. If no separate business name, leave blank. D Employer ID number (EIN), if any E Business address (including suite or room no.)' City, town or post office, state, and ZIP code ------------------------------ -------- ---- -------- F G H Accounting method: (1) X Cash (2) Accrual (3) Other (specify) -------------- Did you 'materially participate' in the operation of this business during 2004? If 'No,' see instructions for limit on losses.. If you started or acquired this business during 2004, check here ............................. ............. - X?Yes No ....... ' Part 1 Income 1 Gross receipts or sales. Caution. If this income was reported to you on Form W-2 and the 'Statutory employee' box on that form was checked, see the instructions and check here....... ... r 1 1, 479. 2 Returns and allowances .................................................................... ............. 2 3 Subtract line 2 from line 1 .................................................................. ............. 3 1,479. 4 Cost of goods sold (from line 42 on page 2) ................................................. ............. 4 253. 5 Gross profit. Subtract line 4 from line 3 ..................................................... ............. 5 1,226. 6 Other income, including Federal and state gasoline or fuel tax credit or refund ................. ............. 6 7 Gross income. Add lines 5 and 6 ........................................................... .......... ? 7 1,226. Part 11 EXDenSeS. Enter exDenses for business use of vour home oniv nn line 30 8 Advertising .................... 8 19 Pension and profit-sharing plans......... 19 9 Car and truck expenses (see instructions) .............. 9 20 Rent or lease (see instructions): a Vehicles, machinery, and equipment..... 20a 10 Commissions and fees......... 10 b Other business property ................. 20b 11 Contract labor 21 Repairs and maintenance ............... 21 (see instructions) .............. 11 22 Supplies (not included in Part III) ........ 22 12 Depletion ..................... 12 23 Taxes and licenses ..................... 23 13 Depreciation and section 179 expense deduction (not included in Part III) 24 Travel, meals, and entertainment: a Travel .................................. 24a (see instructions) .............. 13 b M l d 14 Employee benefit programs ea s an entertainment .... (other than on line 19)......... 14 c Enter nondeduc- 15 Insurance (other than health)... 15 tible amount in- l d d li 16 Interest: c u e on ne 24b (see instrs)... a Mortgage (paid to banks, etc) ........ 16a d Subtract line 24c from line 24b........... 24d b Other ......................... 16b 25 Utilities................................. 25 17 Legal & professional services .. 17 26 Wages (less employment credits) ........ 26 18 Office expense ................ 18 27 Other expenses (from line 48 on page 2).......... 27 28 Total expenses before expenses for business use of home. Add lines 8 through 27 in columns ........... 1 28 29 Tentative profit (loss). Subtract line 28 frorn line 7 ........................................................ 29 1,226. 30 Expenses for business use of your home. Attach Form 8829 .............................................. 30 31 Net profit or (loss). Subtract line 30 from line 29. • If a profit, enter on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see instructions). Estates and trusts, enter on Form 1041, line 3. .............. 31 1, 226. - II a loss, you must go to line J/. 1 32 If you have a loss, check the box that describes your investment in this activity (see instructions). • If you checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2 All investment is (statutory employees, see instructions). Estates and trusts, enter on Form 1041, line 3. 32 a ? at risk. Some investment • If you checked 32b, you must attach Form 6198. 32b n is not at risk BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule C (Form 1040) 2004 FDIZ0112L 05/06/04 Schedule C (Form 1040) 2004 Michael P. Gardner 191-46-1202 Page 2 Part Hi Cost of Goods Sold (see instructions) 33 Method(s) used to value closing inventory: a Cost b Lower of cost or market c Other (attach 34 Was there anyy change in determining quantities, costs, or valuations between opening and closing inventory? If'Yes,'attach explanation ............................................................................... 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation ...................................................................................... expla ..... 35 nation) .... ? Yes E]N o 36 Purchases less cost of items withdrawn for personal use .................................................. 36 253. 37 Cost of labor. Do not include any amounts paid to yourself ................................................ 37 38 Materials and supplies ................................................................................. 38 39 Other costs ............................................................................................ 39 40 Add lines 35 through 39 ................................................................................. 40 253. 41 Inventory at end of year. ..................................................................... .......... 41 42 Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1, line 4 ............... 42 253. Part IV' Information On Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes? (month, day, year) 44 Of the total number of miles you drove your vehicle during 2004, enter the number of miles you used your vehicle for: a Business b Commuting cOther ----------- ----------- ----------- 45 Do you (or your spouse) have another vehicle available for personal use? ............................................ ?Yes F]No 46 Was your vehicle available for personal use during off-duty hours? .. ................................................ nYes FjNo 47 a Do you have evidence to support your deduction? .................. ................................................ F]Yes F1N o bIf'Yes,'is the evidence written? ................................................................................... Yes N o Part V Other ExDenses. List below business expenses not included on lines 8-26 or line 30. 48 Total other expenses. Enter here and on page 1, line 27 ..................................................1 48 Schedule C (Form 1040) 2004 FDIZ0112L 05106/04 EXHIBIT "F" Department of the Treasury - Internal Revenue Service 2005 Form 104® U.S. Individual Income Tax Return For the year Jan 1 - Dec 31, 2005, or other tax year beginning , 2005, endii Label Your first name MI Last name (See instructions.) Use the IRS label. Otherwise, please print or type. Presidential Election Campaign Michael P. Gardner If a joint return, spouse's first name MI Last name Cynthia L. Gardner _ Home address (number and street). If you have a P.O. box, see instructions. IRS Use , 20 Apartment no. 220 Regal View City, town or post office. If you have a foreign address, see instructions. State ZIP code Carlisle, PA 17013 Check here if you, or your spouse if filing jointly, want $3 to go to this fund? (see instructions) ............... COO p?'I - Do not write or staple in this space. OMB No. 1545-0074 Your social security number 191-46-1202 Spouse's social security number 170-54-4837 You must enter your social security ® number(s) above. Checking a box below will not change your tax or refund. You E]Spouse e a Filing Status 1 Single 4 Head of household (with qualifying person). (See X 2 Married filing jointly (even if only one had income) instructions.) If the qualifying person is a child but not your dependent, enter this child's Check only 3 Married filing separately. Enter spouse's SSN above & full name here. one box. name here . 5 n Qualifying widow(er) with dependent child (see instructions) Exemptions 6a X Yourself. If someone can claim you as a dependent do not check box 6a Boxes checked b X , Spouse ............................................... .......... :. J ............ - on 6. and 6b , . 2 No of children c Dependents: (2) Dependent's (3) Dependent's . (4) if on 6c who: • social security relationship lived qualifying ith 2 number to you you ..... child for child w (1) First name Last name tax credit • did not (see instrs) li ith Michael P. Gardner 203-66-4594 Son ve w you due to divorce i Zachary T. Gardner 190-70-9332 Son or separat on (see mstrs).•. If more than - Dependents f d d t on 6c not our epen en s, entered above . see instructions. Add numbers d Total number of exemptions claimed ........... on fines above s 4 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ......................................... Income 7 23,511. 8a Taxable interest. Attach Schedule B if required ............................. 8a 14. b Tax-exempt interest. Do not include on line 8a ............. I 8bI Attach Form(s) 9a Ordinary dividends. Attach Schedule B if required ...................................... b d di Q l 9a 5. W-2 here. Also ( l sj attach Forms ................................... • • • • .• • • .• .• • I 915I 5. see W-2G and 1099-R 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) ...................... 10 if tax was withheld. 11 Alimony received ..................................................................... 11 If you did not 12 Business income or (loss). Attach Schedule C or C-EZ .................................. 12 -4,506. get a W-2, 13 Capital gain or (loss). Att Sch D if regd. If not regd, ck here .......................... ? El 13 370. see instructions. 14 Other gains or (losses). Attach Form 4797 .............................................. 14 4,000. 15a IRA distributions .......... 15a b Taxable amount (see instrs).. 15b Rollover 16a Pensions and annuities.... 16a 34, 998. b Taxable amount (see instrs).. 16b 17,136. 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E. 17 6,737. Enclose, but do 18 Farm income or (loss). Attach Schedule F ............................................. not attach an 18 , y 19 Unemployment compensation ......................................................... payment. Also, 19 please use 20a Social security benefits......... 120a? b Taxable amount (see instrs).. 20b Form 1040-V. 21 Other income 21 22 Add the amounts in the far right column for lines 7 through 21. This is our total income ___ 0- 22 47,267. 23 Educator expenses (see instructions) ...................... Adjusted 23 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials. Attach Form 2106 or 2106-EZ ................... 24 Income 25 Health savings account deduction. Attach Form 8889 ....... 25 26 Moving expenses. Attach Form 3903 ....................... 26 27 One-half of self-employment tax. Attach Schedule SE ...... 27 28 Self-employed SEP, SIMPLE, and qualified plans .......... 28 29 Self-employed health insurance deduction (see instructions) ............. 29 30 Penalty on early withdrawal of savings ............... ..... 30 31 a Alimony paid b Recipient's SSN.... ... 31 a 32 IRA deduction (see instructions) ........................... 32 33 Student loan interest deduction (see instructions)........... 33 34 Tuition and fees deduction (see instructions) ............... 34 35 Domestic production activities deduction. Attach Form 8903 ............. 35 36 Add lines 23-31a and 32-35 ................................... ...... ..................... 36 0. 37 Subtract line 36 from line 22. This is your adjusted gross inc ome .. .................. ? 37 47,267. BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112L 11/07/05 Form 1040 (2005) Form 1040 Tax and Credits Michael P. and Cynthia L. Gardner 38 Amount from line 37 (adjusted gross income) ........ , . . ..................... if' 2 39a Check You were born before January 2, 1941, 8 Blind. Total boxes Standard Deduction for - • People who checked any box on line 39a or 39b or who can be claimed as a dependent, see instructions. • All others: Single or Married filing separately, $5,000 Married filing jointly or Qualifying widow(er), $10,000 Head of household, $7,300 Spouse was born before January 2, 1941, Blind. checked I' 39 a b If your spouse itemizes on a separate return, or you were a dual-status alien, see instructions and check here ....................... ............. ? 39b 10 Itemized deductions (from Schedule A) or your standard deduction (see left margin). . ................... 40 10,000. 11 Subtract line 40 from line 38 .......................................................... 41 37,267. 12 If line 38 is over $109,475, or you provided housing to a person displaced by Hurricane Katrina, see instructions. Otherwise, multiply $3,200 by the total number of exemptions claimed on line 6d ................ 42 12,800. 13 Taxable income. Subtract line 42 from line 41. If fine 42 is more than line 41 enter 0 ....... .................................. ................. 4 T 43 24,467. ax (see instrs). Check if any tax is from: a Form(s) 8814 b ? Form 4972 ........................ 15 Alt i 44 2,900. ernat ve minimum tax (see instructions). Attach Form 6251 ........................... 16 45 0. Add lines 44 and 45 ................ 7 F 46 2, 900. oreign tax credit. Attach Form 11 16 if required ............ 47 8 Credit for child and dependent care expenses. Attach Form 2441.......... 48 9 Credit for the elderly or the disabled. Attach Schedule R .... 49 0 Education credits. Attach Form 8863 ........... ........... 50 1 Retirement savings contributions credit. Attach Form 8880.. 51 2 Child tax credit (see instructions). Attach Form 8901 if required.......... 52 3 Adoption credit. Attach Form 8839 .............. ... 53 4 Credits from: a Dorm 8396 b n Form 8859 ................ 54 5 Other credits. Check applicable box(es): a Dorm 3800 D L orm c Form 8801 55 56 Add lines 47 through 55. These are your total credits .................... 57 S bt .... 56 5 u ract line 56 from line 46. If line 56 is more than line 46, enter -0-. .... ............ r 57 2 900 58 Self-employment tax. Attach Schedule SE ...................................... . 58 , . Other 59 Social secu it d M di ............... r y an e care tax on tip income not reported to employer. Attach Form 4137 59 Taxes ... 60 Additio l t IRA ............... na ax on s, other qualified retirement plans, etc. Attach Form 5329 if required .... ............... 60 1 714 61 Advance earned income credit payments from Form(s) W-2 .............. ............. 61 , . 62 Household employment taxes. Attach Schedule H ....................... .. .............. 62 63 Add lines 57-62. This is your total tax.... , .... ................................. . ............ 63 4 614 Payments 64 Federal income tax withheld from Forms W-2 and 1099..... 64 4, 493 . , . If you have a 65 2005 estimated tax payments and amount applied from 2004 return ....... 65 qualifying 66a Earned income credit (EIC) ..................... 66a child attach .......... , Schedule EIC. b Nontaxable combat pay election..... O-66b 67 Excess social security and tier 1 RRTA tax withheld (see instructions)..... 67 68 Additional child tax credit. Attach Form 8812 ............... 68 69 Amount paid with request for extension to file (see instructions)........ 69 .. 70 Payments from: a 11 Form 2439 b X? Form 4136 c 11 Form 8885 70 211 71 Add lines 64, 65, 66a, and 67 through 70. These are your total payments .. . e d .............................................. 72 If line 71 is mo th li . ? 71 4,704. an re an ne 63, subtract line 63 from line 71. This is the amount you overpaid . ............. 72 90 Direct deposit? 73a Amount of line 72 you want refunded to ou .... ....................... ......... ? 73a 90 See instructions and fill in 73b, ` b Routing number........ ' XXXXXX)Q(X ? c Type: Checking ... ? Savings . 73c, and 73d. d Account number....... , XXXXXXXXXXXXXXXXXXXXXXXX 74 Amount of line 72 you want applied to your 2006 estimated tax .... r 74 Amount You Owe ... 75 Amount you owe. Subtract line 71 from line 63. For details on how to pay, see instructions .. ............ ? 75 76 Estimated tax enalt p (see instructions} ................... 76 Do ou t t ll Third Party Desi y wan o a ow another person to discuss this return with the IRS (see instructions)?........ Desi nee's .. Yes. Complete the following. U No gnee - ? Phone n P_ no Personal identification Sign Here number (PIN) ? Under penal ies of perjury I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge Joint return? See instructions. Your signature Dale , ?- Your occupation . Daytime phone number Keep a copy Spouses signature If a joint recur both must si Self-Em 1 Bldg Con (717) 571-5566 , gn. Date // j Spouse's occupation for your records. ' t /- ., / Quality Assurance f Prep6rer's Paid signature 11' Bradley A Preparer's Firm's name Mentzer & Use Onl (or yours i' }? self-emjloyed)9? 35 E. Hiq. address, and Zip code Carlisle, Mentzer, CPA 1 5/07/07 1Check if Company, P.C. Street, Suite 104 PA 17013 FDIA0112L 11/07105 191-46-1202 Preparer's SSN or PTIN 159-58-8973 EIN 23-2937028 Phone no. (717) 249-6327 Form 1040 (2005) SCHEDULE C Profit or Loss From Business OMB No, 1545-0074 (Form 1040) (Sole Proprietorship) 2005 Department of the Treasury Partnerships, joint ventures, etc, must file Form 1065 or 1065-13. Attachment Internal Revenue Service (99) ' Attach to Form 1040 or 1041. ? See Instructions for Schedule C (Form 1040). Sequence No. 09 Name of proprietor Social security number (SSN) Michael P. Gardner 191-46-1202 A Principal business or profession, including product or service (see instructions) B Enter code from Instructions Construction - Housing ? 236100 C Business name. If no separate business name, leave blank. D Employer ID number (EIN), if any Gardner Construction 23-2307534 E Business address (including suite or room no.)"' City, town or post office, state, and ZIP code ------------------------------------------------ F Accounting method: (1) 11 Cash (2) Accrual (3) X Other (specify) ? Hybrid_ _ _ _ _ _ _ _ _ _ _ G Did you 'materially participate' in the operation of this business during 2005? If 'No,' see instructions for limit on losses. X?yYes No H If you started or acquired this business during 2005, check here ............................................................. Part I Income 1 Gross receipts or sales. Caution. If this income was reported to you on Form W-2 and the 'Statutory employee' box on that form was checked, see the instructions and check here.......... 262,012. 2 Returns and allowances- ......................................... ........ ..................... . . . . . . . . . 2 3 Subtract line 2 from line 1 ......................................... ..................................... 3 262,012. 4 Cost of goods sold (from line 42 on page 2) ........................ ..................................... 4 177,294. 5 Gross profit. Subtract line 4 from line 3 ............................ ..................................... 5 84,718. 6 Other income, including Federal and state gasoline or fuel tax credit or refund .............................. 6 7 Gross income. Add lines 5 and 6 ..................................................................... d 7 84,718. Part 11 ' EXDenseS. Enter expenses for business imp nf vnur hnme nnly nn line 3n 8 Advertising.... ............... 8 2,506. 18 Office expense ......................... 18 1,342. 9 Car and truck expenses 19 Pension and profit-sharing plans 19 (see instructions) .............. 9 9,166. 20 Rent or lease (see instructions): 10 Commissions and fees......... 10 a Vehicles, machinery, and equipment..... 20a 2,728. 11 Contract labor b Other business property ................. 20b (see instructions) .............. 11 21 Repairs and maintenance ............... 21 1,464. 12 Depletion ..................... 12 22 Supplies (not included in Part III) ........ 22 941. 13 Depreciation and section 23 Taxes and licenses ..................... 23 3, 084. 179 expense deduction (not included in Part 111) (see instructions) .............. 13 16,324. 24 Travel, meals, and entertainment: a Travel.................................. 24a 2, 545. 14 Employee benefit programs (other than on line 19)......... 14 b Deductible meals and entertainment ..... 24b 832. 15 Insurance (other than health)... 15 5,740. 25 Utilities. . ............................... 25 16 Interest: 26 Wages (less employment credits)........ 26 a Mortgage (paid to banks, etc) ........ 16a 26,159 . 27 Other expenses (from line 48 on page 2).......... 27 5, 984. b Other ......................... 16b 7,549. -- 17 Legal & professional services .. 17 3,229. 28 Total expenses before expenses for business use of home. Add lines 8 through 27 in columns ........... 28 89, 593. 29 Tentative profit (loss). Subtract line 28 from line 7 ........................................................ 29 -4, 875. 30 Expenses for business use of your home. Attach Form 8829 .............................................. 30 31 Net profit or (loss). Subtract line 30 from line 29. 0 If a profit, enter on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see instructions). Estates and trusts, enter on Form 1041. line 3. 31 -4,875. - n a loss, you must go to line sz. J 32 If you have a loss, check the box that describes your investment in this activity (see instructions). 0 If you checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2 All investment is (statutory employees, see instructions). Estates and trusts, enter on Form 1041, line 3. 32 a X? at risk. Some investment • If you checked 32b, you must attach Form 6198. Your loss may be limited 32b I? I I is not at risk BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule C (Form 1040) 2005 FDIZ0112L 1114!05 Schedule C (Form 1040) 2005 Michael P. Gardner 191-46-1202 Page 2 Part III Cost of Goods Sold (see instructions) 33 Method(s) used to value closing inventory: a Cost b z Lower of cost or market c Other (attach explanation) 34 Was there any change in determining quantities, costs, or valuations between opening and closing inventory? If 'Yes,' attach explanation ....................................... ................................................ I Yes X? No 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation. . ............................................. ...................................... 35 208, 583. 36 Purchases less cost of items withdrawn for personal use ........... ...................................... 1 36 1 140, 090. 37 Cost of labor. Do not include any amounts paid to yourself ......... ...................................... 38 Materials and supplies ........................................... ...................................... 39 Other costs ....... .................................................................................... 40 Add lines 35 through 39 .................................................................................1 40 I 348,673, 41 Inventory at end of year .................................................................................1 41 1 171,379. 42 Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1, line 4 ............... 42 177,294. Part IV Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes? (month, day, year) 44 Of the total number of miles you drove your vehicle during 2005, enter the number of miles you used your vehicle for: a Business b Commuting cOther 45 Do you (or your spouse) have another vehicle available for personal use? ............................................ RYes ? No 46 Was your vehicle available for personal use during off-duty hours? ................................................... RYes RNo 47a Do you have evidence to support your deduction? ................................................................... F]Yes R No bIf'Yes,'is the evidence written? ................................................................................... F-1 Yes n No IFart V other Expenses. List below business expenses not included on lines 8-26 or line 30. Bank Charges _- ------- -------------------------------------------- Fuel for heavy equipment Miscellaneous Posta e -------------- Telephone----------------------------- --- -------------------- 48 Total other expenses. Enter here and on oaae 1. line 27. . 85. 2,164. 1,001. 133. 2,601. 1 48 1 5, 984. Schedule C (Form 1040) 2005 FDIZ0112L 11/14/05 ly`? EXHIBIT "G" Westfield Companies PERSONAL AUTO POLICY DECLARATIONS PAGE P.O. Box 5001 One Park Circle - - Westfield Center, Ohio 44251-5001 RENEWAL OF POLICY APV 6166228 RENEWAL DECLARATION EFFECTIVE 01/21/04 SUPERSEDES ANY PREVIOUS DECLARATION BEARING THE SAME POLICY NUMBER FOR THIS POLICY PERIOD ?1 nM -' wJ ? U Pl3LZCY NUMBER PQLTGY PERIOD COMPANY 0R0VIDINO .COVERAGE' A+GENCY P TO FROM APV 6166228 01/21/04 01/21/05 WESTFIELD INSURANCE COMPANY 3704326 000 NAMED ZNSUR'ED AND. ADpR'ESS ACtiNCY: MICHAEL P & CYNTHIA L GARDNER R T DUNN INS INC PO BOX 427 TELEPHONE 717-766-0770 DAUPHIN PA 17018 200 W MAIN ST MECHANICSBURG PA 17055-6487 ................... PART D - COVERAGE FOR DAMAGE TO YOUR AUTO PROVIDES COLLISION DAMAGE TO RENTAL VEHICLES UNDER THE DEFINITION OF A "NON-OWNED AUTO". COVERAGE IS LIMITED BY THE PROVISIONS AND EXCLUSIONS THAT APPLY TO PART D. NO COVERAGE IS PROVIDED: (1) IF WE DO NOT PROVIDE COLLISION COVERAGE FOR ANY "YOUR COVERED AUTO" SHOWN IN THE DECLARATIONS; (2) FOR LOSS OF USE OF THE RENTED VEHICLE; OR (3) FOR VEHICLES RENTED ON A REGULAR BASIS OR FOR MORE THAN 30 DAYS. DEPENDING ON THE TERMS OF THE RENTAL CONTRACT, ADDITIONAL LIMITATIONS ON COVERAGE MAY APPLY. -------------------------------------------------- ------------------------------ THIS IS NOT A BILL WIC ACCOUNT NO. 3700395403 DO NOT PAY AMOUNT SHOWN YOU WILL RECEIVE A SEPARATE QUARTERLY BILL ANNUAL PREMIUM $773.00 ------------------------------------------------------- ------------------------- THIS POLICY PROVIDES LIMITED TORT COVERAGE FOR LIABILITY --------------------------------------------------------------------------- ----- CREDITS/DISCOUNTS 30% PASSIVE RESTRAINT DISC APPLIES TO UNIT 01 5% ANTI-THEFT DEVICE DISC APPLIES TO UNIT 01 5% ANTI-LOCK BRAKING SYSTEM DISCOUNT APPLIES TO UNIT 01 ---------------------------------------------------------------- ---------------- PREFERRED POLICY INSURANCE SCORE A-04 -------------------------------------------------------------------------------- THE POLICY PERIOD BEGINS AND ENDS AT 12:01 AM STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN VEHICLES COVERED UNIT ST TER YR MAKE-DESCRIPTION VEHICLE ID NUMBER COST-SYM CLASS FACTOR 001 PA 023 98 FORD WINDSTAR 2FMZA5142WBC53326 12 814210 93 -------------------------------------------------------------------------------- PERSONAL AUTO INSURANCE IS PROVIDED ONLY WHERE A PREMIUM OR "INCL" IS SHOWN FOR THE COVERAGE COVERAGE LIMITS OF LIABILITY UNIT 1 A. LIABILITY BODILY INJURY- $100,000 EA PERSON $300,000 EA ACC 109 PROPERTY DAMAGE- $100,000 EACH ACCIDENT 145 C. UNINSURED MOTORISTS- NON-STACKED BODILY INJURY- $100,000 EA PERSON $300,000 EA ACC 18 C. UNDERINSURED MOTORISTS- NON-STACKED BODILY INJURY- $100,000 EA PERSON $300,000 EA ACC 44 FIRST PARTY BENEFITS: 45 MEDICAL BENEFITS- $5 000 000 $5 F , IT- ADDED WORK LOSS BENE D. DAMAGE TO YOUR AUTO OTHER THAN COLLISION- ACV LESS $100 DED 112 COLLISION- ACV LESS $500 DEDUCTIBLE 279 TOWING & LABOR COSTS- $75 PER DISABLEMENT 10 CONTINUED ON NEXT PAGE Page 01 Of 02 2805 (Ed. 09-82) HF nr v v avv ...?v Westfield Companies ,. P.O. Box 5001 One Park Circle z_ Westfield Center, Ohio 44251-5001 P E R S O N A L A U T O P O L I C Y DECLARATIONS PAGE RENEWAL OF POLICY APV 6166228 RENEWAL DECLARATION EFFECTIVE 01/21/04 SUPERSEDES ANY PREVIOUS DECLARATION BEARING THE SAME POLICY NUMBER FOR THIS POLICY PERIOD M .P D rn m rn N N Oo w v w N Cn O U1 PERSONAL AUTO INSURANCE IS PROVIDED ONLY WHERE A PREMIUM OR "INCL" IS SHOWN FOR THE COVERAGE COVERAGE LIMITS OF LIABILITY UNIT 1 TRANSPORTATION EXPENSES- $30 PER DAY/ $900 MAXIMUM 11 TOTAL PREMIUM BY UNIT 773 TOTAL ANNUAL PREMIUM $773.00 -------------------------------------------------------------------------------- DRIVER 01 BIRTHDATE DRIVER 02 BIRTHDATE MICHAEL P GARDNER 08/29/54 CYNTHIA L GARDNER 05/15/59 -------------------------------------------------------------------------------- APPLICABLE FORMS FORM #--DATE--UNITS FORM #--DATE--UNITS PA0001 01/01 001 PA0151 07/03 001 FORM #--DATE--UNITS FORM #--DATE--UNITS IL0910 07/02 001 PA0319 01/01 001 FORM #--DATE--UNITS FORM #--DATE--UNITS PA0551 06/94 001 PA0338 12/98 001 FORM #--DATE--UNITS FORM #--DATE--UNITS PA0421 08/02 001 PA0417 08/02 001 ADDITIONAL INTERESTS GARAGING LOCATION FOR UNIT #001 1412 HERITAGE LANE DAUPHIN PA 17018 ADDITIONAL INSURED-LESSOR & LOSS PAYEE FOR UNIT #001 FIRST NATL BANK OF ALLFIRST C/O LEASE TRACKING SERVICES PO BOX 4187 TIMONIUM MD 21094 -------------------------------------------------------------------------------- 0007730OP10000000000POOOOOOOOOOOP000 R T DUNN INS INC 12/18/03 ------------------------------ -------- AUTHORIZED REPRESENTATIVE DATE IN WITNESS WHEREOF THIS COMPANY HAS CAUSED THIS POLICY TO BE SIGNED BY ITS PRESIDENT AND SECRLTARY AND COUNTERSIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF THE COMPANY IF REQUIRED BY LAW. ?i Secretary Pacie 02 of 02 2805 (Ed. 09-82) 4:??? President EXHIBIT "H" LAW OFFICES capy GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) MICHAEL P. BIANCHINI (1939-2010) ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D.SOLYMOS CHARLES B. CALKINS PAUL G.LUTZ MICHAEL B. SCHEIB` THOMAS B. SPONAUGLE°+ *Also Member MD Bar -LL M (Taxation); also Member CT Bar `Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Tnal Attorney By the National Board of Trial Advocacy February 1, 2011 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infoc5gs1sc.com WEBSITE: www.gslsc.com Erick V. Violago's EMAIL. EViolagoogslsc.com Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Re: Michael P. Gardner and Cynthia L. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen Cumberland County C.C.P. No. 06-6524 Civil Term Dear Andrew: ANN MARGARET GRAB DAVID E. COOK ERICK V. VIOLAGO- JOHN C. PORTER- Please allow this letter to confirm our e-mail correspondence that you will supplement your clients' discovery responses with any special damages that they will allege at trial. Although Michael Gardner is alleging an ongoing injury with ongoing special damages, I would still like to know the special damages incurred to date. I will need sufficient time to review and investigate the special damages prior to listing this case for trial. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, ERICK V. VIOLAGO howe-ltnew CO) LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) MICHAEL P. BIANCHINI (1939-2010) ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D.SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ MICHAEL B. SCHEIB` THOMAS B. SPONAUGLE'+ 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar "Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy March 1, 2011 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX(717)757-3783 EMAIL: infor)aslsc.com WEBSITE: www.gsisc.com Erick V. Violago's EMAIL: EViolagoogslsc.com Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Re: Michael P. Gardner and Cynthia L. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen Cumberland County C.C.P. No. 06-6524 Civil Term Dear Andrew: ANN MARGARET GRAB DAVID E. COOK ERICK V. VIOLAGO- JOHN C. PORTER- As a follow-up to prior correspondence, kindly supplement your clients' discovery responses and provide me with any special damages that they will allege at trial including but not limited to wage loss, unpaid medical bills, and liens. It is my understanding that Michael Gardner alleges ongoing special damages; however, I would still like to know the special damages incurred to date, as well as the calculation for the same. I will need sufficient time to review and investigate the special damages prior to listing this case for trial. I look forward to hearing from you. Thank you. Very truly yours, ERICK V. VIOLAGO howe-Itnevv bee: Ms. Heather Bean, Allstate Claim No. 1555008521 B37 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) MICHAEL P. BIANCHINI (1939-2010) ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G.LUTZ MICHAEL B. SCHEIB* THOMAS B.SPONAUGLE°+ *Also Member MD Bar -LL.M (Taxation); also Member CT Bar `Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy April 27, 2011 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infolcagslsc.com WEBSITE: www.gslsc.com Erick V. Violago's EMAIL: Eviolago65)gslsc.com Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Re: Michael P. Gardner and Cynthia L. Gardner v. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen Cumberland County C.C.P. No. 06-6524 Civil Term Dear Andrew: ANN MARGARET GRAB DAVID E. COOK ERICKV. VIOLAGO- JOHN C. PORTER- ROBERT D. O'BRIEN As a follow-up to prior correspondence, kindly supplement your clients' discovery responses and provide me with any special damages that they will allege at trial including but not limited to wage loss, unpaid medical bills, and liens. I am unable to prepare a proper defense of this case without receiving the same. If I do not receive this supplemental discovery response within thirty (30) days of the date of this letter, I will be forced to file a Motion for Sanctions asking for attorney fees. I look forward to hearing from you. Thank you. Very truly yours, ERICK V. VIOLAGO howe-Itnew bcc: Ms. Heather Bean, Allstate Claim No. 1555008521 B37 EXHIBIT "I" Page 1 of 4 Erick Violago From: Andrew C. Spears, Esquire [spears@hhrlaw.com] Sent: Thursday, May 19, 2011 3:10 PM To: Erick Violago Subject: RE: Gardner v. Howe COO p}`7 4003.3 prevents discovery of trial Preparation material including "disclosure of mental impressions, conclusions or opinions respecting value or merit of a claim ...". It is our obligation to provide you with the raw data. That has been done. Again, do what you need to do. I welcome the opportunity to visit this issue in front of a Cumberland County judge. Sincerely, Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Facsimile: (717) 233-3029 Email: spears@hhrlaw.com http://www. hhr l aw. c o m / NOTICES: (1) This electronic mail transmission constitutes an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic transmission in error, please delete it from your system without copying it, and notify the sender by reply email or by calling (717) 238-2000, so that our address records can be corrected. (2) To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another parry any transaction or matter addressed herein. This advice may not be forwarded (other than within the taxpayer to which it has been sent) without our express written consent. From: Erick Violago [mailto:EViolago@gslsc.com] Sent: Thursday, May 19, 20112:41 PM To: Andrew C. Spears, Esquire Subject: RE: Gardner v. Howe Okay, I'm going to diary my calendar for thirty (30) days. If I do not receive it by then, I will file a Motion to Compel the wage loss claim and calculation. I won't ask for attorney fees unless a partner intervenes and instructs me to. I do not believe a partner will intervene, but I can't guarantee that won't happen. With respect to the merits, I will lay out my argument since you've made yours. We served an Interrogatory that asked for the wage loss claim and calculation. The Rules give you 30 days to answer it. An answer of "will be supplied" or anything of that nature is not a sufficient answer. Especially when two years have elapsed since the answer, and the wage loss claim and calculation have still not been provided. Likewise, providing documents is not a sufficient answer. I'm not required to guess from the documents what the total amount of the wage loss claim is or the calculation for it. If it becomes necessary to file the Motion, I look forward to hearing your argument on why it is a frivolous Motion. I look forward to hearing your legal authority that excuses you from answering an Interrogatory until a case is listed 8/8/2011 Page 2 of 4 for trial. I also look forward to hearing everything you've done over the course of the past two years to calculate the wage loss claim to explain the delay. From: Andrew C. Spears, Esquire [mailto:spears@hhriaw.com] Sent: Thursday, May 19, 2011 1:45 PM To: Erick Violago Subject: RE: Gardner v. Howe Unfortunately, expert evaluation/interpretation may be necessary, so I cannot be certain it will be completed within 20 or 30 days. However, we have provided all documents in our possession and believe we have been complaint with the Rules of Civil Procedure as far as discovery. Sincerely, Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Facsimile: (717) 233-3029 Email: spears a hhrlaw.com http://www.hhrlaw.com/ NOTICES: (1) This electronic mail transmission constitutes an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthori=ed persons If you have received this electronic transmission in error, please delete it from your system without copying it, and notify the sender by reply email or by calling (717) 238-2000, so that our address records can be corrected. (2) To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This advice may not be forwarded (other than within the taxpayer to which it has been sent) without our express written consent. From: Erick Violago [mailto:EViolago@gslsc.com] Sent: Thursday, May 19, 2011 10:18 AM To: Andrew C. Spears, Esquire Subject: RE: Gardner v. Howe Andy, I am happy to hear your client will cooperate in calculating the wage loss claim. However, you have not addressed my question of when you anticipate providing the calculation for the past wage loss. Can you do it in 20-30 days? If so, I will refrain from filing the Motion. Please let me know. Thanks. Erick From: Andrew C. Spears, Esquire [mailto:spears@hhrlaw.com] Sent: Thursday, May 19, 2011 10:07 AM To: Erick Violago Subject: RE: Gardner v. Howe 8/8/2011 Page 3 of 4 Frick, I have spoken to Mr. Gardner and he advises me that lie can try to come up with some specific numbers for his initial wage loss based upon jobs that he had to either sub-contract and/or turn down. However, as far as any continuing wage loss claim, he believes his tax records reflect the decrease in profits received. That being said, this matter has not been listed for trial, you are still subpoenaing records and we have outstanding discovery requests. Therefore, I do not believe we have an obligation to furnish a specific number at this time, nor do I believe that getting a specific number at a later date would prejudice your defense in any way. So, if you feel the need to waste the court's time and our expense with the filing of a frivolous motion, then by all means go ahead. Sincerely, Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Facsimile: (717) 233-3029 Email: spears@hhrlawcom htto://www.hhrlaw.com/ NOTICES: (1) This electronic mail transmission constitutes an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorised persons. If you have received this electronic transmission in error, please delete it from your system without copying it, and notify the sender by reply email or by calling (717) 238-2000, so that our address records can be corrected. (2) To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This advice may not be forwarded (other than within the taxpayer to which it has been sent) without our express written consent. From: Erick Violago [mailto:EViolago@gslsc.com] Sent: Thursday, May 19, 20119:26 AM To: Andrew C. Spears, Esquire Subject: RE: Gardner v. Howe Andy, I note that the deadline to which I indicated I would file a Motion for Sanctions is approaching. If I withheld from filing this Motion, can you give me any sort of timeframe of when you anticipate providing the total amount of the wage loss claim and the calculation for the same? I do not want to set a discovery deadline because clearly, once your client provides the calculation for the wage loss claim, I will need to conduct discovery to investigate whether it is legitimate. Again, I am looking for a timeframe of when you can provide the wage loss claim. If it is a reasonable timeframe, I will refrain from filing the Motion. I look forward to hearing from you. Thank you, Erick 8/8/2011 Page 4 of 4 Erick V. Violago Attorney Griffith, Strickler, Lerman, Solymos & Calkins LEGAL NOTICE Unless expressly stated otherwise, this e-mail is intended to be confidential, attorney work product, and may be privileged. It is intended for the addressees only. Access to this e-mail by anyone except addressees is unauthorized. If you are not an addressee, any disclosure or copying of the contents of this e-mail or any action taken (or not taken) in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately. E-mail communications may be intercepted or inadvertently misdirected. While the American Bar Association deems e-mail a valid and authorized form of communication between attorneys and clients, absolute secrecy, confidentiality, and security (of this e-mail message and any attachments thereto) cannot be assured. The relationship of attorney/client shall not be, and is not, established solely as a result of the transmission of this e-mail. Absent a written engagement letter signed by Griffith, Strickler, Lerman, Solymos & Calkins, no attorney/client relationship shall be deemed to, nor shall, exist and any belief that information or documents provided by this e-mail are privileged is mistaken, unwarranted and incorrect. U.S. Treasury Circular 230 restricts written federal tax advice contained in this communication (including attachments), and nothing in this message is intended to, or may, be used (a) to avoid any penalty that may be imposed under the internal revenue code or (b) to promote, market or recommend to another party any tax- related matter or transaction. This disclosure is provided on all outbound a-mails to assure compliance with standards of professional tax practice, pursuant to which certain advice must satisfy requirements as to form and substance. 8/8/2011 MICHAEL P. GARDNER and CYNTHIA L. GARDNER V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN AND NOW, this 17TH day of AUGUST, 2011, a Rule is issued upon Plaintiff to Show Cause why the Defendants' Motion to Compel Discovery should not be granted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY LVANIAco ? -•t - rnCa NO. 2006-6524 CIVIL TERM ? a C-, rn - ?o C? '- - v c? n ORDER OF COURT Rule returnable twenty (20) days after service. ?Andrew C. Spears, Esquire For the Plaintiff Michael B. Scheib, Esquire Erick V. Violago, Esquire 0,p&Ua,?d ,' g['q/Qjy? the Court, Edward E. Guido, J. sld PRAECIPE FOR LISTING CASE FOR ARGUMENT t7 (Must be typewritten and submitted in triplicate) -n3 TO THE PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Michael P. Gardner and Cynthia L. Gardner, husband and wife vs. Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen rncu rn (List the within matter for thct ( r- S> r-C3 ? c3 No 06-6524 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Motion to Compel Answer to interrogatory No. 17 2. Identify all counsel who will argue cases: (a) for plaintiffs: Andrew C. Spears, Esquire, Handler, Henning & Rosenberg, LLP (Name and Address) 1300 Linglestown Road, Harrisburg, PA 17110 (b) for defendants: Erick V. Violago, Esquire, Griffith,Strickler, Lerman, Solymos & Calkins (Name and Address) 110 South Northern Way, York, PA 17402 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature Erick V. Violago, Esquire Print your name Attorney for Defendants November 4, 2011 Attorney for Date: N C= C7 -c -o w N +M ?ri rnr- ?M - +ta -n rrt INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. MICHAEL P. GARDNER and CYNTHIA L. GARDNER, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN A. HOWE, JR. GAIL K. HOWE and HAROLD A. RASMYSSEN, No. 06-6524 Civil Defendants C- - rn `P' C) ._, c C? _.,, . IN RE: DEFENDANTS' MOTION TO COMPEL ANSWER TO INTERROGATORY NO. 17 REGARDING MICHAEL GARDNER'S WAGE LOSS CLAIM BEFORE GUIDO, J. AND EBERT, J. ORDER OF COURT AND NOW, this 18th day of January 2012, upon consideration of Defendants' Motion to Compel Discovery, Plaintiffs' Response, oral argument and briefs filed by the parties; IT IS HEREBY ORDERED AND DIRECTED that Defendants' Motion to Compel Discovery to Interrogatory No. 17 regarding Michael P. Gardner's wage loss claim is GRANTED. Plaintiff Michael P. Gardner is directed to respond to Defendants' Interrogatory No. 17 with an expert's report including past and future wage loss analysis within sixty (60) days of the date of this Order. By the Court, 1?k - M. L. Ebert, Jr., J. ?Andrew C. Spears, Esquire Attorney for Plaintiffs t/ Michael B. Scheib, Esquire Erick Violago, Esquire Attorney for Defendants 'Wit'S ma.'lred l ?IRf/a )eie L MICHAEL P. GARDNER and CYNTHIA L. GARDNER, Plaintiffs V. STEPHEN A. HOWE, JR. GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-6524 Civil DEFENDANTS' MOTION TO COMPEL ANSWER TO INTERROGATORY NO. 17 REGARDING MICHAEL GARDNER'S WAGE LOSS CLAIM BEFORE GUIDO, J. AND EBERT, J. OPINION AND ORDER OF COURT EBERT, J., January 18, 2012 - Background Plaintiffs, Michael P. Gardner and Cynthia L. Gardner ("Plaintiffs"), initiated this action by filing a Writ of Summons on November 9, 2006.' On September 30, 2008, Plaintiffs filed a complaint against Defendants, Stephen A. Howe, Jr., Gail K. Howe and Harold A. Rasmyssen.2 The Complaint alleges serious and permanent injuries sustained by Plaintiffs resulting from a rear-end collision due to Defendants' negligence.3 Plaintiff Michael P. Gardner alleges serious and permanent injuries which include but are not limited to: injuries to the lumbar spine, right leg/hip injury requiring a total hip replacement, contusions, severe shock to the nervous system, and mental and physical anguish.4 Plaintiff Cynthia L. Gardner alleges serious and permanent injuries which include but are not limited to: labral pathology in right shoulder including right ' Praecipe Write of Summons, filed Nov. 9, 2006. z Plaintiffs' Complaint, filed Sept. 30, 2008 (hereinafter Pls.' Compl. ¶ _). 3 Pls.' Compl. ¶¶ 9-11, 13, 22. 4 Pls.' Compl. ¶ 13. superior labral anterior posterior tear requiring surgery, cervical sprain/strain, contusions, severe shock to the nervous system, and mental and physical anguish.s A Stipulation to Dismiss was filed on October 30, 2008, withdrawing all claims and causes of action with prejudice against Defendant Harold Rasmyssen.6 On November 7, 2008, Steven A. Howe, Jr. and Gail K. Howe ("Defendants") filed their Answer with New Matter to the Complaint. On August 15, 2011, Defendants' filed a Motion to Compel Discovery.8 The parties have filed briefs and after argument, the issue of whether to compel discovery is before this Court. Defendants' Motion to Compel is based upon Interrogatory Number 17 ("No. 17") and the answer with accompanying documentation provided by Plaintiff Michael P. Gardner. Interrogatory No. 17 and the subsequent answer are provided: io 17. Exactly how much income, if any, do you claim to have lost to date as a result of the within accident and state the method of calculating said loss and the facts upon which you rely to base your calculation? ANSWER: Plaintiff is in the process of determining the loss of income from his business and will supplement his answer to this Interrogatory in accordance with Pennsylvania Rules of Civil Procedure. Additionally, Plaintiff Michael P. Gardner avers that Defendants have been provided with "all documents, reports, and tangible things" necessary to support a wage loss claim at this time. II Defendants claim that additional, substantive information consisting of an actual amount of wage loss is required. 12 'Pis.' Compl. ¶ 22. 6 Stipulation to Dismiss, filed Oct. 30, 2008. 7 Defendants' Answer with New Matter, filed Nov. 7, 2008 (hereinafter Defs.' Answer T ?. a Defs.' Motion to Compel Discovery, filed Aug. 15, 2011 (hereinafter Defs.' Motion to Compel ¶ _). 9 Defs.' Motion to Compel ¶¶ 4, 9, 16-18, 21, Exhibits A, B. 10 Defs.' Motion to Compel, Exhibit B. '' Pls.' Response to Defendants' Motion to Compel, filed Aug. 31, 2011, ¶ 6. See Defs.' Motion to Compel, Exhibits C-G for Plaintiff Michael P. Gardner's Deposition and Tax returns and additional information. '' Defs.' Motion to Compel, ¶ 17. 2 Discussion Pa. R.C.P. No. 4003.1 states the general scope of discovery as follows: (a) Subject to the provisions of Rules 4003.2 to 4003.5 inclusive and Rule 4011, a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, content, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. "[A]s a general rule, discovery is liberally allowed with respect to any matter, not privileged, which is relevant to the cause being tried." George v. Schirra, 814 A.2d 202, 204 (Pa. Super. 2002); see also PECO Energy Co. v. Ins. Co. of N. Am., 852 A.2d 1230, 1233 (Pa. Super. 2004). The Superior Court has stated that a trial court, as the overseer of discovery between parties, has the "discretion to determine the appropriate measure necessary to insure adequate and prompt discovering of matters allowed by the Rules of Civil Procedure." PECO, 852 A.2d at 1233 (internal quotations omitted). Specifically regarding expert witnesses, "the proponent of an expert witness is required to identify its expert witness in response to interrogatories and state the substance of the expert's facts and opinions in a signed report or answer." Curran v. Stradley, Ronon, Stevens & Young, 521 A.2d 451, 456 (Pa. Super. 1987) (citing Pa. R.C.P. 4003.5(a)(1)). In the case sub judice, Defendants' request for a detailed accounting of Plaintiff Michael P. Gardner's wage loss is reasonable. Questions proposed in Interrogatory No. 17 touch on requests for information that go directly to the heart of Plaintiffs' case, but were answered with indefinite responses and ambiguous documentation. Plaintiffs allege serious and permanent injuries resulting in past and future wage loss and admit an expert will be needed to determine the exact amount of their wage loss. Plaintiffs have yet to hire an expert to determine these essential figures now approximately three (3) years after filing a complaint, five (5) years after 3 filing a Writ of Summons and seven (7) years after the collision. Additionally, the figures supplied by an expert witness will not only materially further discovery in this case, but will also conserve judicial resources by advancing the case through the pre-trial period. See Pa. R.C.P. No. 126. Accordingly, the following order is entered: AND NOW, this 18th day of January 2012, upon consideration of Defendants' Motion to Compel Discovery, Plaintiffs' Response, oral argument and briefs filed by the parties; IT IS HEREBY ORDERED AND DIRECTED that Defendants' Motion to Compel Discovery to Interrogatory No. 17 regarding Michael P. Gardner's wage loss claim is GRANTED. Plaintiff Michael P. Gardner is directed to respond to Defendants' Interrogatory No. 17 with an expert's report including past and future wage loss analysis within sixty (60) days of the date of this Order. By the Court, M. L. Ebert, Jr., Andrew C. Spears, Esquire Attorney for Plaintiffs Michael B. Scheib, Esquire Erick Violago, Esquire Attorney for Defendants 4 w MAY-14-2012 15:46 GRIFFITH STRICKLER 7177573783 P.003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, v. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants NO. 06-6524 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION FOR WITHn1tA'WAL OF PARAGRAPH 13 OF PLAINTIFFS' COMPJLAiNT COME NOW, the Plaintiffs, Michael P. Gardner and Cynthia L. Gardner and Defendants, Stephen A. Howe, Jr., and Gail K. Howe, by and through their respective u undersigned counsel, hereby agree and stipulate that Plaintiff, Michael P. Gardner will not present a claim for past or future wage loss in the lawsuit filed in this matter. HANDLERb HENNING & ROSENBER, LLP By:C?-? l Andrew C. Spears, Esquire 130Q Linglestown Ro Harrisburg, PA 7110 Attorney for Plaintiffs Dated: By: Eyck Vlago, Esquire I10 So Northern Way York, PA 17402 Attorney for Defendants Dated: ?. d 1 J(5 1 of TOTAL P.003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL ?P. GARDNER and CYNTHIA L. GARDNER, husband and wife, NO. 06-6524 CIVIL TERM V. STEPHEN A. HOWE, JR., GAIL K. HOWE and HAROLD A. RASMYSSEN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this Q(0 day of May, 2012, I, Judith Becker, a paralegal with of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Stipulation for Withdrawal of Paragraph 15 of Plaintiffs' Complaint by United States First-Class Mail, postage prepaid, addressed as follows: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: ?-- Ju ith M. Becker, paralegal for ERICK V. VIOLAGO, ESQUIRE PA 202344 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Attorneys for Defendants, Stephen A. Howe, Jr. and Gail K. Howe c~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate} T'O THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X^ for JURY trial at the next terns of civil court. ^ for trial without a jury. CAPTION OF CASE E ~~~. j S i~ l ` ' ~ t I"entire caption must be stated in fuh~ (check one) X^ Civil Action -Law Michael P. Gardner ^ Appeal from arbitration andCynthia L. ^ ------- -- --- Gardner (other) (Plaintiff) 1 /8/ 13 vs. The trial list will be called on and call of civil trial list on 1/29/13 _~_ Stephen A. Howe, Jr., and Gail K. Howe Trials commence on Feb 25, 2013 _ ___ (Defendant) Pretrials will be held on Feb 13, 2013 _~_ vs. (Briefs are due S days before pretrials No. No. 06-6524 FEB Term Indicate the attorney who will try case for the party who files this praecipe: Erick V. Violago, Esquire, 110 S. Northern Way, York, PA 17402 Indicate trial counsel for other parties if known: Andrew C. Spears, Esquire, 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110 r~ ~ - _~_ . This case is ready for trial. October 30, 2012 Date: Signed: _ ~' f1,, ~.-~` -~' ~~-!" L`rr~K v. Violago Print Name: Defendants Attorney for: - __ __ ~,~.~~ ~ Q~~ ~~ ~~ ~ Clc.-~ I r THELWO 6WYTA 2014 JUL 29 PH 2: 52 CUMBERLAND COUNTY PENNSYLVANIA Andrew C. Spears (PA 87737) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg,PA 17110 Ph. 717.238.2000 Attorneys for Plaintiffs Fax 717.233.3029 E-mail: spears@hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, his wife, Plaintiffs, CIVIL ACTION—LAW V. to V4 NO.: 06—4230.—CIVIL TERM STEPHEN A. HOWE, JR., GAIL K. HOWE, and HAROLD A. RASSMYSSEN, Defendants. ADMINISTRATIVE APPLICATION FOR A STATUS CONFERENCE Plaintiffs, Michael P. Gardner and Cynthia L. Gardner ("Plaintiffs"), by and through their attorneys, HANDLER,HENNING&ROSENBERG,LLP, hereby move this Honorable Court to order a Status Conference, and in support thereof, aver as follows: 1. This matter arises out of a motor vehicle collision that occurred on November 12, 2004, on the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 2. On or about September 30, 2008, Plaintiffs filed their Complaint in the Court of Common Pleas of Cumberland County. 3. Discovery has been conducted in this case, and the parties have exchanged written discovery and completed depositions. 4. Counsel for Defendants had previously agreed to submit this case to binding high/low arbitration. 5. Since then, Defendants' Counsel has withdrawn from the case, and despite attempting to contact Defendants' newly appointed counsel, Plaintiffs have not received any response regarding the previously agreed to arbitration. 6. In an effort to move this matter forward, Plaintiffs respectfully request this Administrative Application for a Status Conference be granted so that all parties may agree to schedule the dates and deadlines for arbitration. WHEREFORE, Plaintiffs, Michael P. Gardner and Cynthia L. Gardner, respectfully request this Honorable Court issue an Order scheduling a Status Conference. Respectfully submitted, HANDLER,HENNING&ROSENBERG,LLP Dated: Jule, 2014 By: Andrew . S (PA 87737) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears@hhrlaw.com Attorneys for Plaintiffs, Michael P. Gardner & Cynthia L. Gardner 2 ti r Andrew C.Spears Attorney ID#87737 HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road Harrisburg,PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff(s) Fax: (717)233-3029 E-mail: Spears@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT ADMINISTRATOR COUNTY,PENNSYLVANIA MICHAEL P.GARDNER and CYNTHIA L. GARDNER,his wife, Plaintiff(s) 06-6524 v. Civil Action-Law STEPHEN A. HOWE,JR.,GAIL K. HOWE,and HAROLD A. RASSMYSSEN, Defendant(s) CERTIFICATE OF SERVICE On, July 23, 2014, I hereby certify that a true and correct copy of Administrative Application for a Status Conference was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Michael B.Scheib, Esq. Griffith Strickler Lerman Solymos&Calkins 110 South Northern Way York, PA 17402-3737 Attorney for:Stephen Howe Robert W. Melick, Esq. Griffith Strickler Lerman Solymos&Calkins 110 South Northern Way York, PA 17402-3737 HANDLER, HENNING&ROSENBERG, LLP Dated: 1\,YAVtt{ C Andrew C.Spears Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT ADMINISTRATOR COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, his wife, Plaintiff(s) v. STEPHEN A. HOWE, JR., GAIL K. HOWE, and HAROLD A. RASSMYSSEN, Defendant(s) AND NOW, this /3/#-' day of 06-6524 Civil Action - Law ORDER 2014, it is hereby Ordered that a Administrative Status Conference shall be held on the /-'"day of o'clock .m. in Cour No. S at the Cumberland County Courthouse, Cumberland 2014 at ..2:5 County, Pennsylvania. Distribution List: Andrew C. Spears, Esq. vandler, Henning & Rosenberg, LLP 1300 Linglestown Road — Suite 2 Harrisburg, PA 17110 /chael B. Scheib, Esq. Griffith Strickler Lerman Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Robert W. Melick, Esq. Griffith Strickler Lerman Solymos & Calkins 110 South Northern Way York, PA 17402-3737 BY THE COURT: J. Opt, /80/40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, Plaintiffs No. 06-6524 CIVIL TERM v. CIVIL ACTION – LAW STEPHEN A. HOWE, JR. and GAIL K. HOWE, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Joseph F. Murphy, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendants, Stephen A. Howe, Jr. and Gail K. Howe, in the above -captioned matter and mark the docket accordingly. Dated: By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS JO 4-1 . MURPH A ' : ey I.D. #78119 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 Imurphy@gslsc.com Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 MICHAEL P. GARDNER and CYNTHIA L. GARDNER, husband and wife, Plaintiffs No. 06-6524 CIVIL TERM v. CIVIL ACTION — LAW STEPHEN A. HOWE, JR. and GAIL K. HOWE, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this / day of , 2014, I, Joseph F. Murphy, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance, by United States Mail, addressed to the party or attorney of record as follows: Andrew C. Spears, Esquire Handler Henning & Rosenberg LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS JO. MU A ey I.D. #78 `r 110 South Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 jmurphy@gslsc.com. Attorney for Defendants UIRE MICHAEL P. GARDNER AND CYNTHIA L. GARDNER, HIS WIFE PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN A. HOWE, JR., GAIL K. HOWE, AND HAROLD A. RASSMYSSEN, DEFENDANTS : NO. 06-6524 CIVIL ORDER OF COURT AND NOW, this 15th day of September, 2014, upon consideration of an agreement between the parties that the status conference scheduled for Monday, September 15, 2014, at 2:00 is no longer required; IT IS HEREBY ORDERED AND DIRECTED that the status conference scheduled for Monday, September 15, 2014, at 2:00 p.m. is cancelled. By the Court, And w C. Spears, Esquire Joseph Murphy, Esquire 'es Autl45.4L 9/h//V 72. n CA) 09/12/2014 13 , 18 Hand l er, Henning, Rosenberg (FAX)7172333029 P.002/002 Handler Henning & Rosenberg LLP Attorneys at Law Andrew C. Spears Spears@hhrlaw,com Merle L. Ebert, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Sent via Fax: 717-240-6462 September 12, 2014 Re: Michael Gardner v. Stephen Howe 06-6524 Dear Hon, Ebert: Please be advised that both parties have agreed to work towards scheduling an arbitration in this matter, effectively moving the above -referenced case forward. As such, the scheduled status conference on Monday, September 15, 2014 at 2:00 Is no longer necessary, I will call and confirm the cancellation with your secretary Monday morning. Thank you. By: AC5/anm cc: Michael Gardner Joseph F, Murphy, Esq. Sent via fax: (717) 757-3783 Very truly yours, HANDLER HENNING & RCSENBERG LIP Andrev'trt, Spears 130D LINGLESTOWN ROAD, SUITE 2 I HARRISBURG, PA 17110 717 238 2000 I f 717 233 3029 I toll free 800 422 2224 I www.hhrlaw.com Carlisle 717 2412244 I Hanover 717 630 8200 I Lancaster 717 4314000 I York 717 845 7800