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HomeMy WebLinkAbout09-5620Andrew C. Spears, Esquire 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: Spearsa-hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 4 9- S(,, o20 2009 Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED THELMA V. JENKINS 1348-50 State Street CHRISTINE PRIGGINS Harrisburg, PA 17103 7551 Mountain Top Road versus Harrisburg, PA 17112 Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( ) Attorney (XX)Sheriff Andrew C. Spears Esquire 1300 Linglestown Road Harrisburg, PA 171 10 Signature o Attorney _(717) 238-2000 Supreme Court ID No. 72663 Name/Address/Telephone No. of Attorney Date: Auqust 11, 2009 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE BOVE-NAME PLAINTIFF(S) HAS/HAVE COMMENCED AN 17 A ST YOU. ary Date: a Deputy Check here if reverse is used for additional information PROTHON.-55 FILr- 0IF Tu i ry 12 ?'b 1 s 1,'j L L B; Ali! , CJ Art I.''y.. \4. CJ<- 1y?903 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ?a?,,atr o4 4ru+Nbrr{??? +? ? i???y? Y 4 OFF'iGE=-F THE SrERIFF FILED,--) FI^!: 'y T 2009 AUG I8 P11 1:03 Ty r r Edward L Schorpp Solicitor Thelma Jenkins vs. Christine Priggins Case Number 2009-5620 SHERIFF'S RETURN OF SERVICE 08/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Christine Priggins, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ of Summons according to law. 08/25/2009 Dauphin County Return: And now August 25, 2009 at 0935 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Christine Priggins by making known unto herself personally, at The Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, August 26, 2009 WTHOMAS KLINE, SHERIFF Fr.F]LES\C6ents13050 Donegal\Current?593\3050.593.pral Created: 9/20/04 0:06PM Revised: MW09 9:20AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant THELMA V. JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5620 CIVIL ACTION - LAW CHRISTINE PRIGGINS, PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of the Defendant Christine Priggins in the above matter. Issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. MARTSON LAW OFFICES BY Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 9, 2009 Attorneys for Defendant RULE AND NOW, this Q day of October, 2009, a Rule is issued upon the Plaintiff to file a Complaint within twenty 0) days from service hereof. A D r thonotary CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 MARTSON LAW OFFICES By- ' W Ami J. Thum Ten East High treet Carlisle, PA 17013 (717) 243-3341 Dated: October 9, 2009 PILED ;: OF THE PFr0TPr)N 'jAPY 2009OCT -9 PM 2: 44 Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: SPEARSAhhrlaw.com Attorney for Plaintiff THELMA V. JENKINS, Plaintiff V. CHRISTINE PRIGGINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY : NO. 09-5620 : 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n 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 acci6n 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 reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED, NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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 O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717)238-2000 Fax: (717) 233-3029 E-mail: SPEARSQ)hhrlaw.com Attorney for Plaintiff THELMA V. JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY NO. 09-5620 V. CHRISTINE PRIGGINS, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Thelma V. Jenkins, by and through her attorneys, Handler, Henning & Rosenberg, LLP, to file the within Complaint against Defendant, Christine Priggins, and avers as follows: 1. Plaintiff, Thelma V. Jenkins, is an adult individual currently residing at 1348-50 State Street, Harrisburg, Dauphin County, Pennsylvania 17103. 2. Defendant, Christine Priggins, is an adult individual with a last known address of 7551 Mountaintop Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. On or about August 26, 2007, Plaintiff was driving her 1985 Ford Country Squire with Pennsylvania Registration Number ECD5340 east on SR 11 in East Pennsboro Township, Cumberland County, Pennsylvania. 4. At all times material hereto, Defendant was the owner and operator of a 1995 Nissan Pathfinder, bearing Pennsylvania registration number DLP5562 (hereinafter "Defendant's vehicle.") and was proceeding west on SR 11 in East Pennsboro Township, Cumberland County, Pennsylvania. 5. At all times material hereto, Plaintiff, was insured by Peerless Insurance Company. Plaintiff selected, and said policy provided, the full tort option pursuant to 75 Pa. C.S.A. § 1705. 6. At approximately the same time and place, Defendant attempted to make an illegal left turn onto 21' Street. 7. Defendant failed to properly yield to traffic coming from the opposite direction and failed to turn from the clearly designated turning lane. 8. Defendant's vehicle violently collided with Plaintiff's vehicle that was proceeding lawfully along SR 11. 9. As a direct and proximate result of Defendant's negligence, Plaintiff sustained serious and permanent injuries as set forth more fully below. COUNT I - NEGLIGENCE Thelma V. Jenkins v. Christine Prig?ins 10. All prior paragraphs are incorporated herein as if fully set forth. 11. The occurrence of the aforementioned collision and all resultant injuries to Plaintiff are the direct and proximate result of the negligence of the Defendant, generally, and more specifically, as set forth below: a. In failing to be reasonably vigilant to observe the traffic conditions then and there existing; b. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; C. In failing to operate Defendant's vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiff's vehicle; d. In failing to operate Defendant's vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; e. In failing to properly regulate the speed of Defendant's vehicle so as to prevent a rear-end collision; f. In failing to operate Defendant's vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; g. In failing to operate Defendant's vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; h. In operating Defendant's vehicle at a speed in excess of the posted speed limit; i. In failing to maintain proper adequate observation of the existing road and traffic conditions; j. In failing to exercise reasonable care in the operation and control of Defendant's vehicle in violation of 75 Pa. C.S.A. § 3714; k. In failing to make a left turn from the proper lane in violation of 75 Pa. C.S.A. § 3111 and 75 Pa. C.S.A. § 3331; 1. Failing to yield to oncoming traffic when attempting a left turn in violation of 75 Pa. C.S.A. § 3334; in. Attempting a left turn when it was not safe to do so in violation of 75 Pa. C.S.A. § 3334; n. In failing to have due regard for the speed of the vehicle and the traffic upon, and the condition of the highway in violation of 75 Pa. C.S.A. § 3310; and o. In failing to be continuously alert and failing to perceive any warning of danger that was reasonably likely to exist and failing to have Defendant's vehicle under such control that injury to persons or property could be avoided. 12. As a direct and proximate result of the negligence of Defendant, Plaintiff has suffered serious injuries, including, but not limited to: neck and back injuries, injuries to her hands, injuries to her fingers, injuries to her head and headaches. 13. As a direct and proximate result of the negligence of Defendant, Plaintiff has suffered physical pain, discomfort, and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 14. As a direct and proximate result of the negligence of Defendant, Plaintiff has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and/or medical attention, and may be required to expend money for the same purposes in the future, to her detriment and loss. 15. As a direct and proximate result of the negligence of Defendant, Plaintiff has suffered lost wages and may in the future continue loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the negligence of Defendant, Plaintiff has suffered a loss of life's pleasures and she will continue to suffer same in the future, to her detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Plaintiff has been, and will in the future, be hindered from attending to her daily duties, to her detriment and loss, humiliation and embarrassment. WHEREFORE, Plaintiff, Thelma V. Jenkins, respectfully request that this Honorable Court enter judgment in her favor and against Defendant, Christine Priggins, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, plus enter such other orders as are equitable and just. Respectfully submitted, Date: HANDLER, HENNING & ROSENBERG, LLP By: Cr" An Few C. pears, Esquire Supreme Court I.D. No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) ANDREW C. SPEARS, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: a? 0?1 rz-1-" ANDREW C. SP S, ESQUIRE THELMA V. JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY : NO. 09-5620 V. CHRISTINE PRIGGINS, : CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this _ day of Vlj? , 2009, I hereby certify that I have served Plaintiff s Complaint upon Counsel of Record by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Mr. Daniel K. Deardorff, Esq. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 HANDLER, HENNING & ROSENBERG, LLP By: An C. Spears, Esquire Attorney I.D. No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff r TFI: 200 4 NO`S 25 P: 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JENKINS Vs . C-) o a NO. 09-5620 -- "i PRIGGINS CERTIFICATE 7 C7 -'4 PREREQUISITE TO SERVICE OF A SUBPOENA o PURSUANT TO RULE 4009.22 ° M Lry As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 DANIEL K DEARDORFF, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/28/10 f v DANIEL K DEARDORFF, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni MLR File #: M381432 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JENKINS Vs. PRIGGINS I No. 09-5620 TO: ANDREW SPEARS, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 12/06/10 DANIEL K DEARDORFF, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Deni Enc(s): Copy of subpoena(s) Counsel return card File #: M381432 OF PENNSYLVANIA COUN rY OF-CUMBERLAND JENKINS Vs. File No. PRIGGINS 09-5620 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: BRONSTEIN & JEFFRIES, 4830 LONDONBERRY RD, HARRISBURG PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or` rr EE' XIT*CHED g +1 \DUN! at MEDICAL LEGAL REPRODUCTIDENS INC 494U ., ., PA -- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablc- cost of preoaring the copies or producing the things sought:. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court ordei- cxxrpe l l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL K DEARDORFF, ESQ ADDRESS: 10 E HIGH ST rLr?r Ta,, PA 17013 TELEPHONE: 3 3 5 - 32±2 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT M381432-01 DATE : _ I a - - C-) Seal of the (.hurt BY THE COURT: Prothonotary/Clerk. Civil Division (Eff. 7/97) JENKINS Vs. PRIGGINS ADDENDUM TO SUBPOENA No. 09-:5620 CUSTODIAN OF RECORDS FOR: BRONSTEIN & JEFFRIES ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION FROM 8/26/97 TO PRESENT. NAME: THELMA V JENKINS ADDRESS: 1348 STATE ST HARRISBURG PA DATE OF BIRTH: 04/12/39 SSAN: XXXXX7490 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for BRONSTEIN & JEFFRIES CUMBERLAND M381432-01 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUNrY OF-CUMBERLAND JENKINS Vs. Fi le No. PRIGGINS 09-5620 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 HERSHEY MED CTR, 500 UNIVERSITY DR, HERSHEY PA 17033 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or-than 9 1?TT\T Tl? ,r 1.LVN -`-- at _ MEDICAL LEGAL REPRODUCTIONS (A esI,i Cgs) 40 DISSTON ST., PHILA., FA-- - You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccapliance, to the party making thi; request at the address listed above. You have the right to seek in advance the reasonablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thir, subpoena may seek a court order. am pe l l i ng you to cony l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL K DEARDORFF, ESQ ADDRESS: 10 E HIGH ST --tI,?SLE_,_PA 17013 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEFENDANT M381432-02 BY THE COURT' DATE: Pr othon I C?'-? -I L3_ /? Seal of the Court Z" - . /Clerk, Civil Division Deputy (Eff. 7/97) JENKINS Vs. PRIGGINS ADDENDUM TO SUBPOENA No. 09-5620 CUSTODIAN OF RECORDS FOR : HERSHEY MED CTR Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information FROM 8/26/97TOPRESENT. NAME: THELMA V JENKINS ADDRESS: 1348 STATE ST HARRISBURG PA DATE OF BIRTH: 04/12/39 SSAN: XXXXX7490 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HERSHEY MED CTR CUMBERLAND M381432-02 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA TO: COUNTY OF CIR4BERLAND JENKINS Vs. Fi le No. PRIGGINS 09-5620 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR JOSEPH CARDINALE, 879 S ARLINGTON AVE, HARRISBURG PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orS gWA ED ADDENDUM uuiv _- ? at r--'- MEDICAL LEGAL REPRODUCTIONS ?NC, 4940 DISSTON ., PHILA., (Address) You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of compliance, to the party making'thiz request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thii subpoena may seek a court order cxxipe 1 ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL K DEARDORFF, ESQ ADDRESS : 10 E HIGH ST 17 013 TELEPHONE: 215-335-27212 SUPREhE OOURT ID # ATTORNEY FOR: M381432-03 DEFENDANT -- DATE : G _C? °(-) Seal of the Court B THE COURT. Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA JENKINS Vs. PRIGGINS No. 09-5620 CUSTODIAN OF RECORDS FOR : DR JOSEPH CARDINALE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION FROM 8/26/97 TO PRESENT. NAME: THELMA V JENKINS ADDRESS: 1348 STATE ST HARRISBURG PA DATE OF BIRTH: 04/12/39 SSAN: XXXXX7490 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR JOSEPH CARDINALE CUMBERLAND M381432-03 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COUNTY OF-CUMBERLAND JENKINS Vs. Fi Is No. PRIGGINS 09-5620 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR BRUCE GOODMAN, 4800 LINGLESTOWN RD #102, HARRISBURG PA 17112 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or? gS: ?,? L? ?1\LVl?l at MEDICAL LEGAL REPRODUCTIONS INC, 4940 . , . , -- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the rea,onablc cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court order cxr pe 11 i ng you to ca, l y with it. THIS SUBPOENA WAS ISSUED_AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL K DEARDORFF, ESQ AMRESS : 10 E HIGH ST mARLI.S?s, ' PA 17013 TELEPHONE: 2 15 - 3 3 SUPREME OOURT ID ATTORNEY FOR: M381432--04 DATE : -- a-9 --- seal of the Court DEFENDANT (Eff. 7/97) BY COURT: Prothonotary/Clerk. Civil Division ADDENDUM TO SUBPOENA JENKINS Vs. PRIGGINS No. 09-5620 CUSTODIAN OF RECORDS FOR: DR BRUCE GOODMAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION FROM 8/26/97 TO PRESENT. NAME: THELMA V JENKINS ADDRESS: 1348 STATE ST HARRISBURG PA DATE OF BIRTH: 04/12/39 SSAN: XXXXX7490 CERTIFIER PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF FOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR BRUCE GOODMAN CUMBERLAND M381432-04 * * * SIGN AND RETURN THIS PAGE * * * COMP?LTfi OF PENNSYLVANIA COUNTY OF C DGMMLAND JENKINS Vs. PRIGGINS Fi le No. 09-5620 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR D I SCr)VEPY_ PURSUANT TO RU. -F 4009.22 Tjnr,` `PI . : 50:; '701: TO: At'.iii. MEDiLAL R..?.ORDS DEPT (NffrjP-, of Perz-,-?ir or Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following documents orSh?Pg$: ?T7lUM AA ` 1\L V 1V1 MEDICAL LEGAL REPRODUCTIONS INC, 4940 D . , PA'-- --- (Address) You may deliver or mail legible copies of the documents or produce things requested ti? this subpoena, together with the certificate of compliance, to the party making thi; request at the address listed above. You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought.. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL K DEARDORFF, ESQ ADDRESS : 10 E HIGH ST OARLISLE, pA 17013 TELEPHONE: SUPREME COURT ID - - ATTORNEY FOR: DEFENDANT M381432-0:5 BY DATE : Seal of the Court COURT: /Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA JENKINS Vs. PRIGGINS No. 09-5620 CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information FROM 8/26/97TO PRESENT. NAME: THELMA V JENKINS ADDRESS: 1348 STATE ST HARRISBURG PA DATE OF BIRTH: 04/12/39 SSAN: XXXXX7490 ALL FEES MIDST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( } RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( } RECORDS / XRAYS have been destroyed Date Authorized signature for HOLY SPIRIT HOSP CUMBERLAND M381432-05 * * * SIGN AND RETURN THIS PAGE * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JENKINS r NO. 09-5620 PRIGGINS rT 1 ? r-- --a ? , 1-11 CERTIFICATE r- n N ° PREREQUISITE TO SERVICE OF A SUBPOENA x C) -n _ PURSUANT TO RULE 4009 22 . - < As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 DANIEL K DEARDORFF, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 03/08/11 DANIEL K DEARDORFF, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni MLR File #: M383929 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JENKINS Vs. °PRIGGINS No. 09-5620 TO: ANDREW SPEARS, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 02/15/11 DANIEL K DEARDORFF, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Deni Enc (s) : Copy of subpoena(s) Counsel return card File #: M383929 O MMONWFALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JENKINS Vs. File No. PRIGGINS 09-5620 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR ROBERT SANFORD, 1845 CENTER ST, CAMP HILL PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orSVkgX'T-TACIEED ADDENDUM MEDICAL LEGAL R , INC, 4940 ST., • . A --- (Address) You may deliver or mail legible copies of the documents or produce things requested h? this subpoenas together with the cart if1Cate of C11anCe, ?o the party taking thr= request at the address listed above. You have the right to seek in advance the rea,onab1E cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court orde,- cxxrpe l l i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL K DEARDORFF, ESQ ADDRESS: 10 E HIGH ST (ART TAT F, pA 17013 TELEPHONE: SUPREIE COURT ID # ATTORNEY FOR: M383929-01 DEFENDANT DATE : t J Seal of the Court BY COURT: 71,1)A tar'y/Clerk, Civi I Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA JENKINS Vs. PRIOGINS No. 09-5620 CUSTODIAN OF RECORDS FOR: DR ROBERT SANFORD ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: THELMA V JENKINS ADDRESS: 1348 STATE ST HARRISBURG PA DATE OF BIRTH: 04/12/39 SSAN: XXXXX7490 TO INCLUDE BUT NOT LIMITED TO: 8/26/97 TO THE PRESENT. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR ROBERT SANFORD CUMBERLAND M383929-01 * * * SIGN AND RETURN THIS PAGE * * * RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Case Number 2011-99999 (VS) Received of PD BY MEDICAL LEGAL REPRODUCT BB Total Non-Cash..... + 3.00 Check# Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $3.00 Receipt Date 2/17/2011 Receipt Time 10:25:03 Receipt No. 255319 29562 ---- --------------- Distribution of Payment ------------------------ Transaction Description Payment Amount SUBPOENA 3.00 CUMBERLAND CO GENERAL FUND $3 .00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Thelma V. Jenkins Plaintiff VS. Christine Priggins NO.09-5620 2009 Defendant t'1 C ra C C__` RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially i - Following form: 2 p t OOrn PETITION FOR APPOINTMENT OF ARBITRATORS --<..]DO- uI °? TO THE HONORABLE, THE JUDGES OF SAID COURT: Zp -o Z Daniel K. Deardorff, Esquire counsel for the Vkkwidf/defendant in the b ovw action (or actions), respectfully represents that: -< 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ Under $50,000.00 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Andrew C. Spears, Esquire; HANDLER, HENNING & ROSENBERG Daniel K. Deardorff, Esquire; MARTSON LAW OFFICES WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 7f,7 ? ect 1 s fitted ? ?d? ? Daniel K. Deardorff, squire Counsel for Defendant ORDER OF COURT AND NOW, 208o?in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in therabovg,, C= ----) captioned action (or actions) as prayed'for. I r:? :- z mss, By the Court, U) I Kevin A. ss, P.J. ?D > t . rtr? .,C7 r.w r• , _;4 Z 7- Z-- _.: C; Thelma V. Jenkins Christine Priggins Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 09 __5620 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution and the Constitution f this Commonwealth and that we will discharge the duties of our Sign re Signature Sign ur thSjJai" States J.?h fi elity. Vicky Ann Trimmer Sarah E. HoffmlW,4 /L) Ja Mitchell Name (Chairman) Persun & Heim, P.C. Law Firm PO Box 659 Address Mechanicsburg 17055 City, Zip Name Johnson, Duffie Law Firm 301 Market Street Address Lemoyne City, Nance JC Bar Properties Law Firm 415 Fallowfield Rd, St 301 Address 17043 Camp Hill 17011 Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) X z? ??C? l TW l h C?J r ,A )ON1-S) Date of Hearing: May 30, 2012 Date of Award: (Yl -3 o 1-L Notice of Entry of Award Now, the 31 s? day of ?yla?i 120/-2 , at %/,w?) ? M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ -?Illo S? Da cc . r3ue i ( By: Prothonotary Deputy .Arbitrator, dissents. (Insert name if applicable.) EN ms Ai/ 11 Thelma V. Jenkins VS Christine Priggins IN THE COURT OF COMMON PLEAS r i CUMBERLAND COUNTY, PENNSYLVpNl.A! "3 NO. 09-5620 'N A NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Plaintiff, Thelma V. Jenkins appeals from the award of the board of arbitrators entered in this case on 05/31/2012 A jury trial is demanded F1 (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 1. the compensation of the arbitrators has been paid, or ?2. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) Appellant or Attorney for Appellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. a? c?? as U957 a? Thelma V. Jenkins Christine Priggins In the Court of Common Pleas of Cumberland Plaintiff - Defendant County, Pennsylvania No. 09 _5620 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution and the Constitution f this Commonwealth and that we will discharge the duties of our Sign ure Signature Sign ur the States ;f._ h fi elity. Vicky Ann Trimmer Sarah E. Hoffm>,4/L) Ja Mitchell Name (Chairman} Name ? Name Persun & Heim, P.C. Y Johnson, Duffie JC Bar Properties Law Firm Law Firm Law Firm PO Box 659 301 Market Street 415 Fallowfield Rd, St 301 Address Address Address Mechanicsburg 17055 Lemoyne 17043 Camp Hill 17011 City, Zip City, Zip _ City, Zip Award We, the undersigned arbitrators, having been duty appointed and sworn (or affirmed), make tL? f4awing award: (Note: If damages for delay are awarded, they shall be separately sto.a .) ;: - T 7?4 j;.j X ,.Q 01144 I-S) CA r- .Arbitrator, dissents. (Insert rya e ifxplipd@e.) Date of Hearing: May 30, 2012 v Date of Award: A? .Z o)1L?A2 Notice of Entry of Award _f lc Now, the 3 .S)d- day of Flay )20/--2 , at M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ llba o ; a t?). 13Lke l ( By. 40 06cnf? Prothonotary Deputy Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING 8, ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears@hhriaw.com THELMA V. JENKINS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. : NO. 09-5620 : CIVIL ACTION - LAW CHRISTINE PRIGGINS Defendant(s) CERTIFICATE OF SERVICE On June 15, 2012, 1 hereby certify that a true and correct copy Plaintiff's Notice of Appeal of the Arbitration Award was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Daniel K. Deardorff, Esq. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Dated: 6/15/12 HANDLER, HENNING & ROSENBERG, LLP Andrew t. Spears THELMA V. JENKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE PRIGGINS, DEFENDANT 09-5620 CIVIL TERM PRETRIAL CONFERENCE A pretrial conference was held on May 8, 2013. In attendance were Plaintiffs counsel, Andrew C. Spears, Esquire and defense counsel, Daniel K. Deardorff, Esquire. This case resulted from an automobile accident on August 26, 2007. Although Defendant admits negligence and agrees that Plaintiff suffered a neck strain, the allegation that Plaintiff incurred Raynaud's Syndrome as a result of the accident will be vigorously contested. Of course, to fully vet that issue at a jury trial would require significant expense for both parties in terms of expert depositions and the like. Therefore, counsel have agreed to proceed with this matter on a non jury basis. Counsel were not prepared to set a date for trial but agreed that the matter would be relisted, at which time the Court Administrator will assign the case to a judge. Practically, trial (in any form) should not be necessary because the parties are well within the realm of settlement. ,Given the issues, costs and vagaries of even a non- jury trial, we strongly suggest that the parties consider a settlement in the range of .,$5,000.00. By the Court, jj�Lj 41KC UJ.".7: Albert H. Masland, J. cc LJ CL- 09-5620 CIVIL TERM Andrew C. Spears, Esquire For Plaintiff aniel K. Deardorff, Esquire For Defendant Court Administrator :sal -2- PRAECIPE FOR LISTING CASE FOR :NON JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. ----------------------------------------------------------------- CAPTION OF CASE jentire caption must be stated in full] (check one) Al Civil Action —Law ❑Appeal from arbitration Thelma V. Jenkins (other) (Plaintiff) No 09-5620 Civil Term Vs. C-) Christine Priggins ZZ rT;c (Defendant) CIO `,' r—.mow CD <CD V5. CD Indicate the attorney who will try case for the party who files this praecipe: Daniel K. Deardorff„Esquire; Martson Law Offices; 10 East High Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 This case is ready for trial. Signed: c M 30 Print Name: Daniel K. Deardorff, Esquir May Y , 2013 Attorney for: Defendant H + 2013 JUN I AM g: [3 CUMBERLAND COUNTY PENNSYLVANIA 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 @hhriaw.com THELMA V. JENKINS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. NO. 09-5620 CIVIL ACTION - LAW CHRISTINE PRIGGINS Defendant(s) STIPULATION TO AMEND CAPTION We, Andrew C. Spears, Esquire, counsel for Plaintiff, Thelma V. Jenkins, and Daniel K. Deardorff, Esquire, counsel for Defendant, Christine Priggins, to this action, hereby agree that the Plaintiff, identified as Thelma Jenkins in the caption and the Complaint in this case shall be amended to properly delete said Plaintiff and shall substitute Plaintiff, Estate of Thelma V. Jenkins, to the caption and Complaint in this matter. F — Q). ( �-� L'44mw Andrew C. S ears Daniel K. Deardorff Handler, Henning & Rosenberg Martson, Deardorff, William to, Gilroy and Faller (� LED- 0[�,,}.FIC'�E. tiff* THE {-R 0 1 HO?'0 F A R : 2313 JUN . °. 2013 JUN .13 PH 2 1 ;UKBERt CUMBERLAND COMFY "VMS • PENNSYLVANIA 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 THELMA V. JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff(s) v. : NO. 09-5620 : CIVIL ACTION - LAW • • CHRISTINE PRIGGINS • Defendant(s) ORDER AND NOW this /9 day of <72.-th' , 2013, the Plaintiff, identified as Thelma Jenkins in the caption and the Complaint in this case shall be amended to properly delete said Plaintiff and shall substitute Plaintiff, Estate of Thelma V. Jenkins, to the caption and Complaint in this matter. By the court: / J. tribution List: niel K. Deardorff, Esq.,MARTSON, DEARDORFF,WILLIAMS& OTTO, Ten East High Street, Carlisle, PA 17013 Andrew C. Spears, Esq. HANDLER, HENNING & ROSENBERG, 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110 Col, CS otatl G//3/i3 r/7� If_�D-fJ,�F ICr 3h THE PRDTHDND-AID 21013 JUN I 9: 13 CU!I ERLAND COUNTY PENNSYLVANIA 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 THELMA V. JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff(s) v. : NO. 09-5620 : CIVIL ACTION - LAW CHRISTINE PRIGGINS • Defendant(s) • STIPULATION TO AMEND CAPTION We, Andrew C. Spears, Esquire, counsel for Plaintiff, Thelma V. Jenkins, and Daniel K. Deardorff, Esquire, counsel for Defendant, Christine Priggins, to this action, hereby agree that the Plaintiff, identified as Thelma Jenkins in the caption and the Complaint in this case shall be amended to properly delete said Plaintiff and shall substitute Plaintiff, Estate of Thelma V. Jenkins, to the caption and Complaint in this matter. Q-21k- I Andrew C. S ears Daniel K. Deardorff Handler, Henning & Rosenberg Martson, Deardorff, William ; is to, Gilroy and Faller d ' THELMA V. JENKINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE PRIGGINS, NO. 2009 - 5620 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 28TH day of JUNE, 2013, a pretrial conference in the above captioned matter is SCHEDULED for a X13 C4-?-3 in Courtroom # 3 of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C. C.R. P. 212-4, at least five (5) days prior. to the pretrial conference. B e Cou t, Edward E. Guido, J. ✓ Andrew C. Spears, Esquire Daniel K. Deardorff, Esquire Court Administrator ' : sld C= �Yr MOD nj rr--7Z 65 T -4 <CD ' 2>c-7 ca _., a Z., --t PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. CAPTION OF CASE {entire caption must be stated in full). (check one) C Civil Action —Law (1 Appeal from arbitration Thelma V. Jenkins (other) (Plaintiff) No. 09-5620 Civil Term Zi 7V . • „C -o• r- Christine Priggins an �r -- = (Defendant) D ca vs. Indicate the attorney who will try case for the party who files this praecipe: Daniel K. Deardorff, Esquire; MARTSON LAW OFFICES; 10 East High Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 This case is ready for trial. Signed: _ ��r: AS Print Name: Daniel K. Deardorff, Esquire Date: November 1, 2013 Attorney for: Defendant 4 i 4276SS” f v i l'U� ti 7}tfi 21!3 NC? -7 A ° ID: U7 !JP.M3ERLAN3 COUNTY PENNSYLVANIA 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 ESTATE OF THELMA V. JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff(s) v. : NO. 09-5620 : CIVIL ACTION - LAW CHRISTINE PRIGGINS • Defendant(s) PETITION OF COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE PURSUANT TO PA. R.C.P. 1012 AND NOW comes Andrew C. Spears, Counsel for Plaintiffs, pursuant to Pa. R.C.P. 1012, and petitions this Honorable Court to withdraw his appearance and in support thereof avers: 1. Plaintiffs' decedent, Thelma V. Jenkins, formerly resided at 1348-50 State Street, Harrisburg, Dauphin County, Pennsylvania. 2. This action arose from personal injuries suffered by Plaintiffs' decedent as a result of a motor vehicle collision that occurred on August 26, 2007, when a vehicle operated by Defendant Christine Priggins struck Plaintiffs' decedent's vehicle on Route 11 in Enola, Cumberland County, Pennsylvania. 3. The aforementioned collision was deemed reportable by the East Pennsboro Police Department. A true and correct copy of the East Pennsboro Police Report is attached hereto as Exhibit "A." 4. On or about January 4, 2008,Petitioner's office was retained by Plaintiffs' decedent to represent her in the matter. A copy of the Contingent Fee Agreement is attached hereto as Exhibit 5. On or about August 12, 2009, Petitioner filed a Writ of Summons on the Plaintiffs' decedent's behalf to toll the Statute of Limitations. A copy of the Writ of Summons is attached hereto as Exhibit"C." 6. On or about October 9, 2009, a Rule to File Complaint was entered. A copy of the Rule is attached hereto as Exhibit"D." 7. On or about November 25, 2009, a Complaint was filed. A copy of the Complaint is attached hereto as Exhibit "E." 8. On or about December 30, 2009, the Defendant filed an Answer with New Matter. A copy of the Answer and New Matter is attached hereto as Exhibit "F." 9. On or about January 21, 2010, the Plaintiff filed a Reply to New Matter. A copy of the Reply to New Matter was attached hereto as Exhibit"G." 10. On or about May 30, 2012, Arbitration was held in Cumberland County. A copy of the Petition for Appointment of Arbitrators is attached hereto as Exhibit "H." 11. On or about May 31, 2012, the Arbitrators entered an award of$2,000.00. A copy of the Arbitration award is attached hereto as Exhibit "I." 12. Following receipt, Petitioner advised Plaintiff of the Arbitration Award. Plaintiff insisted, against the advice of counsel, to appeal the Arbitration Award. Petitioner forwarded an Affidavit to Plaintiff acknowledging that it was the Petitioner's advice that the appeal had no merit. 13. On or about June 13, 2012, Plaintiff executed the Affidavit acknowledging that she was going against the advice of the Petitioner and insisting that the Arbitration Award be appealed. A copy of the Affidavit is attached hereto as Exhibit"J." 14. On or about June 19, 2012, Petitioner, on behalf of the Plaintiff, appealed the Arbitration Award. A copy of the Appeal is attached hereto as Exhibit "K.". 15. Unfortunately, on or about July 10, 2012 Plaintiff, Thelma V. Jenkins passed away. 16. On or about December 5, 2012, an estate was opened naming Plaintiffs' decedent's children, Michael A Jenkins, Sr., Mark T. Jenkins, Rose M. Jenkins, and Russell R. Jenkins, Jr., as administrators. A copy of the Estate paperwork is attached hereto as Exhibit "L." 17. On or about January 16, 2013, a Praecipe Listing the Case for Trial was filed by defense counsel. A copy of the Praecipe is attached hereto as Exhibit "M." 18. On or about May 8, 2013, parties attended a Pretrial Conference. The Honorable Albert H. Masland opined that trial should not be necessary and it was strongly suggested that the parties consider settlement in a range of$5,000.00. A copy of the Pretrial Conference Summary is attached hereto as Exhibit "N." 19. Subsequent to the Pretrial Conference, the Defendant's counsel extended an offer to Plaintiff in the amount of$5,000.00. A copy of the offer letter is attached hereto as Exhibit "0" 20. On or about May 23, 2013, a letter was mailed to the estate administrators Michael Jenkins, Russell Jenkins, Jr., Mark Jenkins, and Rose Jenkins explaining that an offer was extended and if they declined, the case was headed to trial. The Petitioner requested contact from the family representative. A copy of the letter is attached hereto as Exhibit"P." 21. On or about May 30, 2013, Petitioner received a phone call from Rose M. Jenkins in that call, Rose M. Jenkins expressed that she had authority to speak on behalf of the estate and that they wanted to settle the case. 22. On or about May 30, 2013, a Praecipe Listing the Case for a Non Jury Trial was filed. A copy of the letter is attached hereto as Exhibit "Q." 23. On or about June 13, 2013, an Order was entered amending the caption to reflect the Estate of Thelma Jenkins as the Plaintiffs. A copy of the order is attached hereto as Exhibit "R." 24. On or about July 30, 2013, Petitioner received another phone call from Rose M. Jenkins, again representing that she had authority to speak on behalf of the Estate. Rose Jenkins confirmed that they would agreed to settle the case for $5,000.00. 25. Between May 30, 2013 and July 30, 2013, Petitioner was not contacted by any other administrator to the Estate. 26. On or about July 30, 2013, Petitioner, based upon the authority of Rose Jenkins, accepted the settlement offer on behalf of the Estate. Settlement paperwork was forwarded to all four (4) representatives. 27. On or about September 5, 2013, Russell Jenkins contacted the office of the Petitioner for the first time. Petitioner explained that he case was settled on the authority of Rose Jenkins. Petitioner explained that all administrators were notified of the case via letter May 23, 2013 and she was the only one that had responded. 28. On or about September 13, 2013, it was represented to the Petitioner, by Russell Jenkins, that the other administrators would not execute the Release for settlement of this claim. 29. Pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(1), Petitioner's withdrawal can be accomplished without material adverse effect on the interests of the Plaintiffs. 30. Pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(4), Petitioner and Plaintiffs' have a fundamental disagreement, as shown by the Administrator's refusal to execute the settlement agreement despite Petitioner's and Court's advice that settlement is in the best interests of the Estate of Thelma Jenkins. 31. Pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(5),the Plaintiffs' have failed to fulfill an obligation to the Petitioner by repeatedly refusing to follow through on the signing of the release despite settlement being in the best interest of the Estate of Thelma Jenkins. 32. Pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(6), the continued representation of Plaintiffs' will result in an unreasonable financial burden on Petitioner and representation has been made unreasonably difficult by the Plaintiffs. WHEREFORE, Petitioner,Andrew C. Spears,Esquire,requests that this Honorable Court grant his Petition for Leave to Withdraw his appearance. Respectfully submitted, HANDLER,HENNING & ROSENBERG,LLP VP, Dated: 9Qe+. "t , 2013 By: Andrew C. Spears (PA 87737) VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. Spea , Esquire Date: 11/5/2013 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 ESTATE OF THELMA V.JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • • Plaintiff(s) : NO. 09-5620 CHRISTINE PRIGGINS : CIVIL ACTION - LAW Defendant(s) CERTIFICATE OF SERVICE On November 5, 2013, I hereby certify that a true and correct copy of Petition of Counsel for Leave to Withdraw Appearance was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Daniel K. Deardorff, Esq. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Michael Jenkins 13 Steingler Street Belton, SC 29627 Russell Jenkins 2551 Kottn Road Harrisburg, PA 17110 Mark Jenkins 552 S. 2nd Street Steelton, PA 17113 Rose Jenkins 707 S. 2nd Street Steelton, PA 17113 HANDLER, HENNING & ROSENBERG, LLP Dated: Andrew C. S ars 'Print CRS W0063063 'b"rlai +I 4 ?'� 7r O7 Page 1 of 7. ..• .. . ,A . RV I /I, A -, 1/41,■__., 44 •, _JPOLJ E®CRASH REPORT NG FORM IA / II I����1�I Crash Number Pa,e • Case nosed Reportable Crash W0063063 • AA'500 1 •Yes Q No •Yes Q No - _ Incident Number — - - _-._.--_ Pollee Agency . r Patrol Zone 20070800563 21 I rl II a Agency Name Precinct Investigation Date(MM-DD-YYYY) i+ I East Pennsboro Township ' - I rENOLA,PA 108 j-1 26' 1-12007 s • Dispatch Time(miO Arrival Time'(rnlO Investigator Badge Number I I '0808 1 0817 ' 'THOMAS P.GAIDOS 1 1610 J I Reviewer Badge Number ••royal Date M•DO-YYYY) &MR .I N �'r' l [ 1 IA ICI 5 -I Zoe 7 . Court County Name Munk!.al Municipality Name of r Week i BM 'Cumberland j 101 East Penns 1 boro Township • Sun 0 Thu 0 Mon Q Fri : ' Crash Date MM•DD•YYYY) Crash Time m- No of Units Pea.le In tired tilled' •its 00 3 08 - 26 - 2007 0808 2_ 2 J 1 0 complete O Wed O Sat Form f Q Wed Q Unk �� 4"kzone tiidcS�ectrarhl9 O Yes •No R ds-0-7-f-4-. •No ehr ed one'0 Yes •No Maintenance Yes •No latemastfacao a 0 4Way Intersection O .Y.Intersection me Pett,@U- O Off Ramp Q Railroad Crossing L 100 1 s Midblock Traffic Cirde/ 0 Other O O •T'Intersection O Round About 0 On Ramp 0 Crossover •See Overt ~ r Route Number S meet(O onal) Travel Lanes S• d Unit Q North House Number (if appikabie) '001 I ' n 04 35 O South Street Nerve Street Ending 1 • East I Mid-block crashes ony.Use I postal Howe Number aandd make acre a j CUMBERLAND 1 BL o O west Principe'Roadway Street Name is O Unknown filled in if using this option Ratite O interstate • Q Turnpike Q Turnpike • State Q County Q Local Road Q Private 0 Othecl 51901aa (Not Turnpike) (EastMlest) _ Spur Hi. Road or Street Road Unknown B Route Number Se meat( ional) Travel Lanes S• ' Limit Q North j 1006 1 02 35 . • South 1-- , Street Name Street EndFrsg O East s .B Q West' 21ST [ST 1 o Q Unknown i S7$gnlna O (N ot Turnpike) 0 (Eastst estl Q Spur • Hiaghway c Road O or tlreet� Q Road 0 Unknown 1 — Intersectin Rt Num Or Mile Post~� Or Seeghront Marker Feat ' • % �_� f I.Cf • I ,OQSSout 0 . Please 1 Or Internal • Street Name St Endi =Q East Or Miles IInformation O west 0 C] e t I far dmaFr 4 Landmarks Interslect_n Rt Num Or Mlle Post Or Seghlent Marker ro -r..�..- _ ,i.,If Using. M, _ dr 0-North .Distarice From Crash - , This Option !� Scene to landmark 1 Or Intersect) • Street Name 3 St Endf O East Lan Crash between g Landmark 1 and 1 O West Landmark 2) as 0 :tees Minutes Seconds • -tees Minutes Seconds ' y 0 Latitude: — ' •— longitude: - • —_ .• TraffiiiCControLDevlte Police Officer or O Yield Sign O E Flagman Device Functioning y e Q Not Applicable •Traffic Signal Q Alive RR Crossing O Other Type iCD O No Controls O Device Improperly O Preemptive F- Flashing Traffic Controls Signal 0 Signal 9 Q Stop Sign Q Passive RR Q Unknown Q Device Not • Device Functioning (] Unknown _ Crossing Controls Functioning Properly 1 Y �(y'Not A prrp�e•,skip rest of the Lane Closure section) O North • East Q North and South C) All II 0 Not Applicable •Partials O.Fully Q Unknown CD South Q West Q East and west (N.S•E,tM III33i a�� I1a116[ Yes � Na Q � Unknown O �d 0 c 30 Min. Q 30-60 Mn. •1-3 hrs 0 3.6 hrs 0 6.9 hrs 0 a 9 hours C)Unknown . . ....._...r—........._-_—....=,.....-....-.--,..-• ........—_.--.: _-___ FORM a aa40e jt?f 0e) PENNOOT COPY Q9118/2007_011:40 PIN FDDSs2277 1969 http://www.dot6.state.pa.us/icons/Printlmagesixm >les/2007086302I thomas 16102007090.. ' Print CRS W0063063 • Page 2 of 7 . ...,COPAND0NINIEALVN Of• . 1 POLICE REPORTING�� �iA 1111111101111 1 Gash Number Page: AA 500 2 _mom trse err I '2 1_ W0063063 e • -------- Motor ansport hitde in 0 Htt&Run Vehicle Q "gaily Parted O legally Parked O Non.Motorized Commercial Vehkse "1; Unit Pedestrian on Skates, Disabled from O Yes It No O Pedestrian O in Wheelchair,etc 0 Previous Crash O Train 0 Phantom Vehicle (if'Pedestrian or'Pedestrian on Skates,in Wheelchair,etc',Complete Form Any Section 28) (If Yes,Complete Form Q Dish No First Name Ml Date of Birds(MM'DD-YYYY) 01 I CHRISTINE j E:j 112 123 . 11952 1 • DNetN L.a 5 Nem, Telephone Number _ Q �PRIGGINS 7174690026 • Address/C1tY I State zip f j 7551 MOUNTAINTOP RD HARRISBURG PA 11 17112 j • ` Driver license Number State Clots 1_( +15970818 J [PA e A/coho�ID►vgs Suspected Driver or Federally,Physical Condition ""`�- • sr• I al No 'Q-IBegal Drugs '0-Medcation"^ ",�-ApparendY—. +Ilia at Drug-^Nomnal O O Fatigue"—Cy Medication O Alcohol O Akohd and Drugs 0 Unknown o p ink?een O Si* O Asieep C) Unknown ii 1/cvhol Test Type Primary Vehicle Code Vietetfan I) I D Test Not Given C) Breath 0 Other Charged? � Q Blood Q urine O Unk oif (OBEDIENCE TO TRAFFIC CONT , •Yes O No i unknown Over Presep S >' Alcohol Test Resultr Q Tess Refused Results Od cF 1=Driver Operated 3=0rivvr Had Scene 0 •I 1 O Test Garen, (j Vehicle 4=Hit and Run i Contaminated Results �, 2=NO Driver 9■Qnknown Own r/Drtver 00■Not Applicable 02•Private Vehicle Not 04-State Police Vehicle 07=Municipal Police Veh OB.-Federal Gov Veh ' 1 01=Private Vehicle Owned/ Ownedit.eased by Driver 0S PENNDOT Vehicle OB=Othee Municipal 9B■Other 01 leased by Driver 03.Rented Vehicle OB.-Other State Gov Veh Government Vehicle 99=Unknowm I • __ _— - - - -- ------- ---- Owner First Name Owner last'Name or Business Name(If Pedestrian,skip this Section) Driver C) [CHRISTINE 1 IPRIGGINS - ' Address/City/State/zip Vehicle Make 'Make Code j l 7551 MOUNTAINTOP RD HARRISBURG PA 17112 , Nissan;Datsu 135 J WN Model Year Vehicle Model (see overlay) I:1 JN8HD17Y8SW056586 1 1995 (PATHFINDER I 1 license Plate Reg.State Est.Speed yeti*Towed Towed By r DHD4018 PA 999 el Yes O No 1 MAGARO'S TOWING insurance Insurance Company Policy No A •Yes O wo O k own I DONEGAL MUTUAL 13692, J PAE0437570 _ I st. o-_Tr_a!ll�n T leTowinQ Pass.Veh 4=MobANt�toduW Home ?_Semi-Trailer Taagg No Tag Year lag St ' II' �.ing E 2-Towing Truck 5=Camper 8■Other r S� Unit O 3.Towing Utility Trailer 6=Full Trailer %Unknown f I ;I Direction of ►V lade Postt/op • •See > © £ 03 1 -INovrrrrrertt 1 12 Spacial Usage Overlay Vehicle Color vehicle Time 05=targe Truck 20=Unicycle,Bicycle, 00 1 12=Commercial 06.Yellow ' 01=Automobile 06=SUV Thy Passenger 05 07=SBver 06 02=Motorcycle 01=Yen 21-Other Pedakycle 0_�Applicable Carer 01=R O8=Gold 03=Bus 10.Snowmobde 22=Huse&Buggy re Veh 13■Yard 01=Blue 09_Brown 04=Small Truck 11=-Faro Equip 23=How&Rider 02■Ambvlanee 21=Tractor Trailer 01=Red 10-Orange Of'02',Complete Form 12=Construction Equip 14=Train 03=Iblice 22=Twin Trailer 03=Wile 11=Purple M Section 26) 13=ATV 25=Trolley 08■Other Emergency 23■Triple Trailer 0 04=Green 49=U krer (if'20'or'21',Completer I8=Other Type Spec Veh 98=0ther 11-Pupil Vehicle sport 31 k Veh i Porn M,Section 21) Type Spec eh 99•Unknown initial Impact Point Denson t2dlsator Omdtene 3=DownhiJ Road Al/onmeft 112 I 00>.Non-Colllslon l4.Unlercarrl ge l.4unctipnal 4=Bonom of Hit 1=Straight 01-12=Clock Points 15=Towed Unit © 1=Minor 3•f)isabling 1=t.evel 5=Top of HA 1 2•Curved 13■Top 99■Unknown 9.Unitnovvn 2■Uphill %Unknown 9=Unknown — Four s rui eoo 02/02) PENNDOt COPY � 09/18/2007 01:48 PM FD627 1969• http://www.dot6.state,pa.us/icons/Pnntlmages/XmlFiles/20070863021 thomas 16102007090... 9/5/2007 Print CRS W0063063 Page 3 of 7 NALICH OF Pies • J POLICE SH REPORTING FORM B* uI IIIIIiIiiIIk1l1I Crash Number 7 Page: AA 500 2 Po1¢t'sa 0iti 1 i 3: W0063063 o ~ ._ Mann vehicle In 0 Hit&Run Vehicle Q Illegally Parked 0 legally Parked Q Non•Motorized Commercial Vehicle T Transport to UM/ Q Pedestrian on Skates.0 Disabled From Q Train 0 Phantom Vehicle Q Yes • No Q Pedestrian in Wheeldwir,etc Previous Crash Yes`Complete Form C) ( (If'Pedestrian•or'Pedestrian on Skates.In Wheelchair etc' Complete Form M,Section 28 1f Unit No First Name i� MI Date of Birth(MM-DU_YYYY) 02 THELMA 1 IN 04 12 1939 Last Name Telephone Number De1eu7 o JENKINS , 1 1 7172334790 Address/City/State • rip 5 11348-50 STATE ST HARRISBURG PA 1 17103 1 Driver License Number - State Class 12404677 I PA IC I Akohol/Drugs Suspected • Driver or Pedestrian Physical Condition . . -. " • No • r 0 illegal Drugs •--'^0 Medication— -*N-MondY "-•Q U?al Drug-Q'Fatigue Q Medication 0 Alcohol Q Akohol and!rugs O Unknown 0 Had Been O.Sick 0 MdeP 0 Unknown ■ Drinking ,fir Alcohol Test Type Primary Vehicle Code Violation Charged? 6 0 Test Not Given 0 Breath 0 Other Q Yes 0 No 0 Blood 0 urine O Te nt Givvenr LNONE Alcohol Test Results 0 Test Refused 0 Unknown Driver Presence 1=Driver Operated 3=Driver Fled Scene Vehicle a. O Contaminated Results C 2=No Driver 9.Un and knownun I Owne Driver 0o=Not Applcabl! 02-Private Vehicle Not 04.State Police Vehicle 07=Municipal Police Veh 09=federal(lcw Veh O1•Private Vehicle Owned/ Ownedrxased by Driver 05.PENNDOT Vehlde OB.Other Municipal 98.Other 01 1 Leased by Driver 03-Rented vehicle 06.Other State Gov Veh Government Vehicle 99.Unknown same as Owner Fiat Name Owner Last Neme or Business Name(if Pedestrian,skip this-Section) D'fi'er 0 II THELMA.V I JENKINS I Address I City/State/Zip Vehicle Make *Make Cod 1348 STATE ST#50 HARRISBURG PA 17103 1 I Ford 12 VIN Modal Year Vehicle Model (see overlay) 2FABP44F4FX151031 [1985 I COUNTRY SQUIRE I license'Plate Reg.State Est Speed Vehicle Towed Towed By ECD5340 I IPA 1 999 •Yes 0 No 1 MAGARO'S TOWING I Fnsurorta Insurance Company Policy No . S •Yes Q No Q known'PEERLESS INS CO 24198 - 1133PM568926 — 1 11 1-Towing Pass.Veh 4=Mobile/Modular Home 7-Semi-Trailer Tag No Ta Year Tag St 1z aj No.,of r 2=Tawing Truck 5=Camper 8=Other f Trailing 0 (�3.Towing Utility Trailer 6-Full Trailer 9=Unknown 1 Units; Direction of •Veb(de Position 03 •ASO� Q1 ' Special Use*. T—r'— •© I Overlay Vehicle Color Vehicle Type 05=large Truck 20.Unicycie,Bicycle, 00 ] 12=Commerdal 06=Yrllow ° 01.Automobde 06=SW Tricycle OOdbC Applicable Carrie 09 07•Silver 01 02=Motorcyde 07•Van 21=Other Pedalcyck 01-Fire Applicable 13.Taxf OB.GoId 03=Bus 10.5nowmObile 22=Hasa&Buggy 02=Ambulance 21•Trector Trailer 01=Blue 09=Brown 04=Small Truck 1 I=Fans Equip 23=Horse&Rider Q3=POlia 22=Twin Trailer 02=Red 10=Orange pf'O2' Complete Form 12•ConstruNon Equip 24.Train 08■Other Emergency 23=Triple Trailer • 03=WNte I l PurpIe M,Section 26) 13-ATV 25=Trolley Vehicle Mo 3t. difed Veh 04--Green 12aOther of'Z0.or'21'Complete 18=Other Type Spec Veh 98=Other • 11.Pupil Trar>sport 31-Modified 99-Unknown OS■Black 99.Unknowni form M,Section 27) 19•Unk.Type Spec Veh 99=Unknown Initial?Mace Point • ' pamaoelndlcatot Gradient 3=Downhill Road Alignment 03 00=Non-Collision 14=Undercarriage O'None 2.Functtona{ 1•level •4.Bottom of Hill t=Straight . 01-12=C lock Points IS=Towed Unit i lxMinor 3•Disab"n9 Q 5=Too of Hill 2d Curved 13•Top 99=Unknown 9-Unknown 2=Uphill 9=Unknown 9.Unknown catuauses i - - PENNOOT COPY --- --- -----. • • Q911 8ages/ 01 lF$es/20070863021 homas 16102007090... 9/5/2007 http://www.dot6.state.pa.us/icons/PnntImXm pa.uslicans/PnntImages/�c.in Print CRS W0063063 1 Page 4 of 7 I. .. .COMMONWEALTH OF --+ POLICE CRASH REPORTING FORAflAHIA Page 1111111111111 Crash Number 7 AA 500 3 IP0kevi'Dn'r 4• W0063063 . • P�pp_Fwe: Rat Position: _ flfSttea' 4 A )=Driver D CO=Not A Passerger/Occupant E None Used/Not Applicable Gj 0=Not Applicable I 2=Passenger 01.Oriver•AU Vehides 01=Shoulder Belt Used )=Not Ejected I ?Pedestrian 02•Front Seat Middle Position 02.1ap Belt Used 2=Tota(H Ejected B=Other 03=Front Seat Right Side • 03=lap And Shoulder Belt Used 3=Partially Ejected 9•Unknown 04=Second Row-Left Side Or 04:Chid Safety Seat Used 9=Unknown Motorcycle Passenger 05eMOtor yde iFfeimet Used 05=Second Row-Middle Position 06=Bicyde Helmet Used H jJ'action Path; ■ letC: OemSecond Row•Right Side 10=Safety Belt Used Improperly O=Not Ejected/Not Applicable B =Female 07=Third Row Or Greater• 11 Chtd Safety Seat Used Improperly 1=Thro gh Side Door Opening M.Male Left Side 12=Helmet Used improperly 2=Through Side Window 08=Third Row Or Greater- 90=Restrains Used,Type Unknown U•Unknown 3=Through Windshield Middle Position 99.Unknown 4=Through Back Door 09=Third Row Or Greater- S=Through Back Door Tailgate Opening Right Side 6.1hrough Roof Opening(Sunroof/ injury Severi(>r 10.5leeper Section of Trudccab F 00-None Use /Not Applicable Convertible Top Downl r O=Not Injured 11•in Other Enclosed 01.Front Air Big Deployed(For This Seat) 7=rug Roof Opening(Convertible I t.Killed Passenger Or Cargo Area 02=Side Air Bag Deployed(For This Seat) Top Up) 2=Major Injury 12=In Open Area 03=Other Type:Air Bag Deployed 9-Unknown 3.Moderale (Back Of Pickup,Etc.) 04=Multiple Alt Bags Deployed injury 13=Traidng Unit 05=MOtarcyde,Eyr Protection 4. ma Injury 14=Riding On Vehicle Exterior 06-Bicyclist Weanng Elbow/Knee/Pads �� •. i 8•Injury,Unkry 15=Bus Passenger 10.Air Bag Not Deployed,Switch On._,.r,—I-0-Not Applicable - r Severity -9B=0ther--'-M^,"-"-"— `''11.Air Bag No(Depioyed,•Switch Off 1.Not Extricated 9:Unknown H 99=Unknown 12=Alr Bag Not Deployed, 2-Extricated By Mechanical Means Injury link Switch Selling 3=Freed By Non-Mechanical Means 13=Air Bag Aerhoved(Prior To Crash) a=Other 19=Unknown If Air Bag Deployed 9=Unknown 99.Unknown is EMs Agency:IEAST PENNSBORO AMBUL 'Medical Facility:I HOLY SPIRIT HOSPITAL,CAMP HILL, I Unit No Person No Date of Birth (MM-DD-YYW) A B C D E F G H I Delete? 54 01 1 01 p 12 - 23 -11952 _ © 0 101 03 [99 I 0 C 0 Name/Address/Phone EMS Transport i Q same as IPRIGGINS,CHRISTINE 7551 MOUNTAINTOP RD HARRISBURG PA 17 p Yes No Operator . Unit No Person No Delete? Data of Birth (MM-DD-YYYY) A B C D E F G H I 02 01 CD 04 - 12 -( 1939 _I ii r._]cu 01 00 00 C 0 0 Name/Address/Phone I EMS Transport ❑same IJENKINS,THELMA V 1348-50 STATE ST HARRISBURG PA 17103 7 NI Yes C)No Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G Delete?o I- J-I ,LIM, 1CD❑ • Name/Address/Phone EMS Transport Same es 1 I Operetor O Yes Q No Unit No Ps- No Delete? Oats of Binh (MM-DD YYYY) A B��_ D • E E . F I Q�H �I - - Name/Address/Phone riSame as EMS Transport Operator 0 Yes CD No • Unit No Person No Date of Birth (MM-DD-YTYY) A B C D E F G H 1 I [ —I _ --._00 1000 Name/Address/Phone EMS Transport 0 Same as • Operator C Yes O No —_J Unit No Person 1 O T Date a BIM (MM 00-I l A C D E F :CJ C� Name/Address/Phone EMS Transport Same as Operator, • ( C)Yes 0 No FORM s a"Ms 117°°1 PENNDOT COPY http://www.dot6.state.pa.us/icons/PW1NRR91142.11ri fi4 igf2r0Fif F6- 6213thomas16102007090... 9/5/2007 . Print CRS W0063063 Page 5 of 7 • 1 COMMONWEALTH OF PENNSYLVANIA +,1�����II1�I�� Crash Number POLICE CRASH REPORTING FORM Page AA 500 4 1 rage k1 any • 5 • W0063063 %Nen.co�alen 2=.Heed On —4=Angle 6=Skieswpe -^. e=HR Pedestrian Gast�lesaYation C t.Rear End 3.R8ar to Rear 5 a (Opposite Direction) (hied%) Same�ireckon) 7.4.14 Fixed Mier! %Olher/Unknotrn I Nstiten to RwdCrav- 1=Oti Travel Lanes 3=Median 5:Outsde Trefficway 7Oore(Ramp Intersection) 2whoulder 4=Roedslde %In Parking Lane %Unknown • umina6on 1 1.Dayight 3=Dark•Street— 2 DUeel Llus 4.Dusk Roadway gh k eather Conditions 1�... ' ,vkn 3=Sleet(Hall) 5Fog 7 SIee1&Fog g%Unknown _ ...- 2 Rain 4-Snow 841ein&Fog 8=Other g �oad Surface Conditions 0 O=Dry 2= and,Mud,Dirt, 4=g 8=ice Patches %Other 1:Wet 3=Srtpw Covered 7.'W or Morvfn . _ g Harm Event 1 R Most? Uti ode�rnber Harmful Events(Harm fvent1 30=Hit Fence Or Wall 1 1 02 ❑ • 01.44 Unit t 31=Nit Guiding Unit No 02=Nit Unit 2 32=Hit CsMrt 03.HA Unit 3 33.HR Bridge Pier Or Abutment 01 2 •_ .el.0, .- - --•.-...,. -, 04°Hit Unit 4 _..34.Hit Parapet End s 05 Hit Unk 5' 35=HA Bodge' Rail 06-Hit Other Traffic Unit 36=Hit Boulder Or Obstacle Please Put 07=Hit Deer On Roadway Events in 3 0 06 tI Other Animal 37.H it Impact tienuator Sec uendel 09eCalision With Other Non 38=Hit fie Hydrant Order Feed Object 39•Hit Roadway Equipment + 4 III 0 11=Struck By Unit 1 40=HR Mail Box ts, N 11=Stnrdr By Unit 2 41•Hit Traffic Island 13=Struck By Unit 3 42=Hit Snow Bank 14-Struck Unit 4 43-Hit Temporary C Harm Event L/R Most/ Utility Pole Number 15=Struck By Unit S Barrier I 15=Struck By Other Traffic Unit 48=Hit Other Freed Obect Unit No i I t I I 21=fit Tree p ffic Or Shrubbery 49 Hid Unknown Reed Object 22=HA Embankment 50.Overtu'NRoll Over IO2 2 i (, 23=Hit Utility fifi Pig 51-Struck By Thrown Or Fading 20dit Traffic Sign Object 25-Hit Guard Rail 52=Pot Holes Or Other Please Put 2i5.11lt Guard Rail End Pavement Irregularities Events!n 3 27=Hit Curb 53=ladusife Sequential Z$ tit Concrete Or 54.-fire to Vehicle I Bawler 58=aher Non{arsion Ordr 4 _lQ t 29=H it 99=Unknown Harmful Event - _ I l 1f Unit No Hams Event Most Unit No Harm Event Drtver Acfhn(O! . 17-Careless Or Illegal 17: Aarmfu! F7armful 00=No Contributing Action Backing On Roadway red niTn O1 I 02 02 11 01=Driver Was Distracted 18=Driving On The Wrong ash T sh 02=Driving Using Hand Held Phone Side Of Road 1 __ o.no n.v.w ors aa,=mon on mufti .was 03=Driving Using Hands Free Phone 19-Making improper '° 04=Making Illegal U-Turn Entrance To Highway Envirynmevrtal/Roadway r 05dmproperlCareless Turning 20 Makingy Improper Exrt Potential Factors(Ent) 1 00 2 3 (*.Tuning From Wrong lane From Highway 00=None 1 t.5lippery Road Condtioru(kr/SrgwY 07=Proceeding W/O 21-Careless ParkingrUnparking 01=Windy Conditions . 12=substance On Roadway Clearance nni SApe Stop 22=Compensar • 02.Sudden Weather Conditions 13-Potholes DB=Running Stop it Compensation Al Curve 03=Other Weather Conditions 14.Broken Or Cracked Pavement �uIiir T Red nt mg 10 ah re To Respond� To 24�r Too Fast For Conditions 04=Deer in Roadway 15=TCD Obstructed Other Traffic Control Device wm9 05 Obstacle On Roadway 1Ti=Soh Shoulder Or Shoulder Drop Ott 11=Taagatmy 25ailure To INalntaln Proper Speed . .-26=Drim Fleeing Police(Pd Ghase)06-Other Animal h Roadway 26�ther Roadway Factor i1=Sudm•iloNinyStooeirg - - te 07=Glare 29:Olher Environmental Factor • 13=illegally Stopped On Road 274:tmet Mexpenenced 08=Work Zone Related 99=Unknown 14=Careless Passing Or lane 28>Faikae To Use Specialized Equip Charge g2-Atfvtted By Physical eonditwn Possible Vehicle failures(Vi 12-wipers Change in No Passing Zone 98:Other improper Driving Actions 00-None 06=Exhausgt 13=Doridvyer SeatingKontrd 16=Orhdng The Wrong Way On 99.Unkrtown 01-Tires System 08=5gi�gnnal Lights 15.Tralfer Hitch Hood'Etc 1-Way Street 03=Steering System 09=0iher lights 16=Wheels Unit 101 I i 06 2 [ 1 3 .4I I 04=Suspenslon IcwHorn t7=Airbags s, 05•Power Train i T.Minors 18=Tracer Overloaded 19.UnsecureSfirfted I Unit 01 ! 1 (� 2 t 1 ZD•lmailer load No 02 1 00 2 3 I 141 I No t t g 1 7 21=Obsu tucked Windshield Pedestrian Action Unit 99=Unknown P) 03.Working No 02 1 2 OO.NOne 04ePushing Vehicle I 01 Entering Or Crossing At 05sApproaching Or leaving Vehicle 1 — ------1 Specified Location 0%Working On Vehicle Indicated Prime Factor Unit No factor Coda 02=Wakln9 Running,Jogging, 07 5 t riding te� wool this rntormauon on I o l I 06 Playing E/R V 0 P 99.Unknown i i Unit No 01 00 Unit No t 02 1 00 0 0 GB 0 If E/R b the Prime Factor • Type,leave Unit No blank 1 - FORM a 04.300(12M P>+i NDOT COPY i http://www.dot6.state.pa.us/icons/Pnnn�tlmagestxmLr Iilestluu/u6-5c?thomas 1 6102007090... .9/5/2007 Print CRS W0063063 (....) U Page 6 of 7 J q A O PENNSYLVANIA POU ECRASH REPORTING FORM 11111101111111111111111 Crash Number 7 Pape j AA 500 5 I`b"" " Use I 16 I W0063063 J S i ri 1 ; j } t 1 1 { i 1 1 i j i I �_.f_... ...- -__�...._...__.�.... _ .:..._...._..._ _..;_... �.;�..._. ! 1----1---1----1---a c i , i l I l ! 1 i 1 i i 1 I I ■ 1 I ! I I t _ ! . _.y. _.t E ! ( I I l l I ! i I k l y d = I ,, ! ! I ! ! I t •i _ I i ; Witness Name Address Phone 21 t 2 Narrative and additional witnesses: Accident Investigation Notification Issued?0 Property Damage O • I I i zt • • • FORM r AA-600(1aoa) PENNOOT COPY ' ' r http://www.dot6.state.pa.us/icons/Pnntttmages/Xmirties/20ut0863021 thomas 16102007090... 9/5/2007 Print CRS W0063063 Page 7 of 7 Crash Number: W0063063 Incident Number: 20070800563 all Err .. .� �.�OP 001 1--....�.+r —.�...�+ -^-'�.�.^r-... - — – •••••01101:111.". ,.,, ifitirPar 1i.�1 m ice;- & � a GRASS DIVIDE unFi � I b ORo011 14( aRO01t. NUT LTYNNED LEFT 1NOFATNEWNGN0 LANE • V 4• a fO TEb FON NO LEFTTUPJ tar Cr.PEET 09/18/2007_01.4a P 9 http://www.dot6.state.pa.us/icons/Pnn mages/XrnIFiles/200708630Z I thomas16102007090... 9/5/2007 r . _,_. - _ , .., - ----r-- -,, SBORO TOWNSHIP N?Y.NE►ORTAILR POLICE DEPARTMENT RRPORTAIR. 98 SOUTH ENOLA DRIVE,ENOLA PA,1 702 54 796 PH(717)732.3633 FAX(717)732-3980 `Firil rrA l -) - ,MI At'Mi3v160 av 'I'• - ' 1 f 41:5 RADCR NO. sio-ViArtrin-Num l'?. Li / Mhkielfir 4,1140i-jii„ •-••• �-,0' .•o !1 a r7 0,- Iv- •, , :ft+ li liuiiitii " f1ii�Vj � r`�►J' L3►�1. �� _ s aR��.•• A '' •2 1. _ _ _ ���5. _ .�. ..,.1. • 0 L. •�' o �� lt�l { .- • r7 Ilir'f�Iligairal� ` Ii '1Z75'T___ l fir; - Y iiE ffPi z.' s Q _ i 4 • •mown . 1:11111111 .! -, \ ,1 I_ 7. 'C - AQORRBt �' ' t e ' /, •.0pi'obti37-itiiVdlky t idaod6`dito(shfrw, 1�ss r,1 ..., .;,, _ ow, ,0181"31.4 0 tNOLA AXIS'S 1Tf 7 a =ter~ M * . , ,: . t e x �... . iglu -w r', rr'`. I V-' '4." ,P CONTINGENT FEE AGREEMENT 1, Thelma V. Jenkins do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings E or actions that, in their judgment are necessary, against �r S+I rl¢ r 1 i/1S or against anyone el§e as a result of injuries and damages I sustained in anident that occurred on $/a6/47. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. I understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read,approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4 day of January, 2008. i.L' / ,/ea& 11 - .%'/, (SEAL) • T *ma V. Jen' ins r Andrew C, Spears, Esquire 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 Ahhrlaw,com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . No. 0 9• 51„ d.AD 2009 C) J • . Civil Action - (XX) Law • ( ) Equity --c..11.7.7 C 71 • . JURY TRIAL DEMANDED 4.ti. °G) 7:1-1),m THELMA V. JENKINS • J: �� 1348-50 State Street CHRISTINE PRIGGINS rtic.. -T. Harrisburg, PA 17103 7551 Mountain Top Road r-,'- ="= f� versus : Harrisburg, PA 17112 - _.r I ui J iii • Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( ) Attorney (XX)Sheriff i Andrew C. Spears, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Signature o Attorney (717) 238-2000 Supreme Court ID No, 72663 Name/Address/Telephone No. of Attorney Date: August 11, 2009 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: by Deputy ( ) Check here if reverse is used for additional information PROTHON. -55 I 0 F.FILES\CIiems\3050 Donegal\Cuncnt\593`J050.593.pre I Created 9/20iO4 0:06PM Revised, 10,9/09 9:20AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant THELMA V. JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-5620 : CIVIL ACTION - LAW CHRISTINE PRIGGINS, PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of the Defendant Christine Priggins in the above matter. Issue a rule upon the Plaintiff to file a Complaint within twenty(20)days from service thereof or suffer judgment of non pros. MARTSON LAW OFFICES By . A _ ..:��.,i Daniel K. Deardorff, Esquire , Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 9, 2009 Attorneys for Defendant RULE AND NOW, this q day of October, 2009, a Rule is issued upon the Plaintiff to file a Complaint within twenty 0) days from service hereof. A, .. 11'r•thonotary Or ' CERTIFICATE OF SERVICE I,Ami J.Thumma,an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle,PA, first class mail, postage prepaid, addressed as follows: Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 MARTSON LAW OFFICES BY I ilk. 'i �AAAA Ami J. Thum I Ten East High treet Carlisle, PA 17013 (717) 243-3341 Dated: October 9, 2009 Andrew C. Spears,Esquire C7 0 I.D.#87737 0 HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road :" x Harrisburg,PA 17110 is ro m Telephone: (717)238-2000 Attorney(o.1aintif j Fax: (717)233-3029 .�C) :32:17.1 E-mail:SP EARSQhhrlaw.com �� � ? o THELMA V. JENKINS, : IN THE COURT OF COMMON PLtAS r9F Plaintiff : CUMBERLAND COUNTY • NO. 09-5620 v. • CHRISTINE PRIGGINS, : CIVIL ACTION- LAW Defendant : 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. 'I'H1S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HERE 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle,PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas,debe tomar accion dentro de los proximos veinte(20) dias despues de la notificacidn 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 accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO,LLAME 0 VAYA A LA SIGUIENTE OFICINA.ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle,PA 17013 717-249-3166 • Andrew C. Spears,Esquire LD.#87737 HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road Harrisburg,PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff Fax: (717)233-3029 E-mail: SPEARSrr),hhrlaw.com THELMA V.JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY I . NO. 09-5620 v. CHRISTINE PRIGGINS, : CIVIL ACTION-LAW Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, Thelma V. Jenkins,by and through her attorneys, Handler, Henning &Rosenberg, LLP,to file the within Complaint against Defendant, Christine Priggins, and avers as follows: 1. Plaintiff, Thelma V. Jenkins, is an adult individual currently residing at 1348-50 State Street, Harrisburg, Dauphin County, Pennsylvania 17103. 2. Defendant, Christine Priggins, is an adult individual with a last known address of 7551 Mountaintop Road,Harrisburg,Dauphin County, Pennsylvania 17112. II 3. On or about August 26,2007, Plaintiff was driving her 1985 Ford Country Squire with Pennsylvania Registration Number ECD5340 east on SR 11 in East Pennsboro Township, Cumberland County,Pennsylvania. 4. At all times material hereto, Defendant was the owner and operator of a 1995 Nissan Pathfinder,bearing Pennsylvania registration number DLP.5562 (hereinafter"Defendant's vehicle.") and was proceeding west on SR 11 in East Pennsboro Township,Cumberland County, Pennsylvania. 5. At all times material hereto, Plaintiff, was insured by Peerless.Insurance Company. Plaintiff selected, and said policy provided,the full tort option pursuant to 75 Pa. C.S.A. § 1705. 6. At approximately the same time and place, Defendant attempted to make an illegal left turn onto 21St Street. 7. Defendant failed to properly yield to traffic coming from the opposite direction and failed to turn from the clearly designated turning lane. 8. Defendant's vehicle violently collided with Plaintiff's vehicle that was proceeding lawfully along SR 11. 9. As a direct and proximate result of Defendant's negligence, Plaintiff sustained serious and permanent injuries as set forth more fully below. COUNT I-NEGLIGENCE Thelma V. Jenkins v. Christine Priggins 10. All prior paragraphs are incorporated herein as if fully set forth. 11. The occurrence of the aforementioned collision and all resultant injuries to Plaintiff are the direct and proximate result of the negligence of the Defendant, generally, and more specifically, as set forth below: a. In failing to be reasonably vigilant to observe the traffic conditions then and there existing; b. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; c. In failing to operate Defendant's vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiff's vehicle; d. In failing to operate Defendant's vehicle under proper and adequate control so that she could have avoided striking Plaintiffs vehicle; e. In failing to properly regulate the speed of Defendant's vehicle so as to prevent a rear-end collision; f. In failing to operate Defendant's vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; g. In failing to operate Defendant's vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; h. In operating Defendant's vehicle at a speed in excess of the posted speed limit; 1 i. In failing to maintain proper adequate observation of the existing road and traffic conditions; j. In failing to exercise reasonable care in the operation and control of Defendant's vehicle in violation of 75 Pa. C.S.A. § 3714; k. In failing to make a left turn from the proper lane in violation of 75 Pa. C.S.A. § 3111 and 75 Pa. C.S.A. § 3331; 1. Failing to yield to oncoming traffic when attempting a left turn in violation of 75 Pa. C.S.A. § 3334; m. Attempting a left turn when it was not safe to do so in violation of 75 Pa. C.S.A. § 3334; n. In failing to have due regard for the speed of the vehicle and the traffic upon, and the condition of the highway in violation of 75 Pa. C.S.A. § 3310; and o. In failing to be continuously alert and failing to perceive any warning of danger that was reasonably likely to exist and failing to have Defendant's vehicle under such control that injury to persons or property could be avoided. 12. As a direct and proximate result of the negligence of Defendant, Plaintiff has suffered serious injuries, including, but not limited to:neck and back injuries, injuries to her hands, injuries to her fingers, injuries to her head and headaches. 13. As a direct and proximate result of the negligence of Defendant,Plaintiff has suffered physical pain, discomfort, and mental anguish and will continue to endure the same for an indefinite period of time in the future,to her physical, emotional and financial detriment and loss. 14. As a direct and proximate result of the negligence of Defendant,Plaintiff has been compelled, in order to effect a cure for aforesaid injuries,to expend money for medicine and/or medical attention, and may be required to expend money for the same purposes in the future, to her detriment and loss. Ii 15. As a direct and proximate result of the negligence of Defendant,Plaintiff has suffered lost wages and may in the future continue loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the negligence of Defendant,Plaintiff has suffered a loss of life's pleasures and she will continue to suffer same in the future, to her detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, Plaintiff has been, and will in the future,be hindered from attending to her daily duties, to her detriment and loss,humiliation and embarrassment, WHEREFORE, Plaintiff, Thelma V. Jenkins, respectfully request that this Honorable Court enter judgment in her favor and against Defendant, Christine Priggins, in an amount in excess of the compulsory arbitration limits of Cumberland County,Pennsylvania,plus enter such other orders as are equitable and just. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 2 I By: An�rew C. 'pears, Esquire Supreme Court I.D. No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff I . �,I VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) ANDREW C. SPEARS, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. I , Date: i ) ANDREW C. SP S, ESQUIRE THELMA V. JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY : NO. 09-5620 v. CHRISTINE PRIGGINS, : CIVIL ACTION LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW,this day of , 2009,I hereby certify that I have served Plaintiff's Complaint upon Counsel of Record by sending atrue and correct copy of the same to them via First Class United States mail,postage prepaid, and addressed as follows: First Class U.S. Mail: Mr.Daniel K. Deardorff,Esq. MARTSON,DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle,PA 17013 HANDLER, HENNING &ROSENBERG,LLP By: An C. Spears, Esquire Attorney I.D.No. 87737 1300 Linglestown Road Harrisburg,PA 17110 (717) 238-2000 Attorneys for Plaintiff F:\FILES\CIients1305013onega0Cutrent1593130S 0.593.atss 1 Created: 9/20/04 0 06P Revised: 12/1/09 9:25AM c Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY &FALLER =' MARTSON LAW OFFICES , I.D. 17837 10 East High Street �' 5A ; Carlisle, PA 17013 L:. = ter" (717) 243-3341 Attorneys for Defendant THELMA V. JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 09-5620 : CIVIL ACTION -LAW CHRISTINE PRIGGINS, DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1-4. Admitted. 5-17. Denied pursuant to Pa. R. C.P. 1029(e). NEW MATTER 18. It is believed that Plaintiff was comparatively negligent or assumed the risk of injury by operating their vehicle in a careless and negligent manner in that they proceeded into the intersection without determining that this could be done in safety. 19. Defendant reserves the right to add additional New Matter based on information received from upcoming discovery in this case. 20. Plaintiffs cause of action may be barred by the statute of limitations. 21. Plaintiff's recovery, if any,may be diminished pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant demands judgment in her favor against Plaintiff oMARTSON LAW OFFICES By 04,1 Daniel K. Deardorff, Esqui Ten East High Street Carlisle, PA 17013 (717)243-3341 Dated: `f a.9 107 Attorneys for Defendant VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that 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 my counsel,it is true and correct to the best of my knowledge,information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. AZ/11 aitc44/4)' Christine Priggins F:\FILES\CUcn4\3050 Donegal\Curtent\593\3050.593.taa1 it 3 CERTIFICATE OF SERVICE I,Ami J. Thumma, an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail,postage prepaid, addressed as follows: Andrew C. Spears, Esquire HANDLER, HENNING &ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 MARTSON LAW OFFICES tik By ii/LA 1►��i Ami J. Thum A a Ten East High Street Carlisle,PA 17013 (717)243-3341 Dated: k9A9-S\ o6\ r - Andrew C. Spears, Esquire I.D.#87737 HANDLER, HENNING& ROSENBERG, LLP • 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff Fax: (717)233-3029 E-mail: SPEARS(a�hhrlaw.com THELMA V. JENKINS, : IN THE COURT OF COMMON 'PLEAS OF Plaintiff : CUMBERLAND COUNTY T, r T m r • �.T nY� rn P NO 09-5620 v. T -- U , � �. CHRISTINE PRIGGINS, : CIVIL ACTION - LAW �- n Defendant ca : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW COMES the Plaintiff,Thelma V. Jenkins, by and through her attorneys, the law firm of Handler, Henning & Rosenberg, LLP, to file the following Reply to New Matter and avers as follows: 18. The averments in this paragraph constitute a conclusion of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 19. The averments in this paragraph constitute a conclusion of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 20. The averments in this paragraph constitute a conclusion of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 21. The averments in this paragraph constitute a conclusion of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff, Thelma V. Jenkins, respectfully requests that this Honorable Court dismiss Defendant's New Matter, enter judgment in her favor and against Defendant, plus enter such other orders as are equitable and just. Respectfully submitted, HANDLER, HENNING & ROSENBERG, .LLP Date: l B : \\.%\ � Y Andrew C. pears, Esquire Attorney I.D. No. 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for 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 thefe1in are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn fa sificati n to,�'uthorities. /,y `' r T. / . , :J l „ 1 /1, T - ' a V. Jenkins Date: \ ∎�`\ 1 THELMA V. JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY : NO. 09-5620 v. CHRISTINE PRIGGINS, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW,this v / day of �CP -.. , , 2010, I hereby certify that I have served Plaintiff's Reply to New Matter upon Counsel of Record by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Daniel K. Deardorff, Esq. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 Attorney for Defendant HANDLER, HENNING & ROSENBERG, LLP By Andrew C. Spears, Esquire Attorney I.D. No. 87737. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Thelma V. Jenkins Plaintiff : NO.09-5620 20 09 VS. C 4 Christine Priggins "7 xY Defendant • ter" RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially*9 t9 +--ra Following form: p 3 PETITION FOR A IN PPOTMENT OF ARBITRATORS -mss TO THE HONORABLE,THE JUDGES OF SAID COURT: Daniel K. Deardorff, Esquire , counsel for the f/defendant in the above action(or actions),respectfully represents that: 1. The above-captioned action(or actions)is(are)at issue. 2. The claim of plaintiff in the action is $Under$50,000.00 The counterclaim of the defendant in the action is $0.00 • The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: Andrew C.Spears,Esquire;HANDLER,HENNING&ROSENBERG Daniel K,Deardorff Esquire;MARTSON LAW OFFICES r.� WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators whom the case shall be submitted. rncr T- --Mrs --o 7yect ly s fitted, v,r 7,0c3 Daniel K. Deardorff, squire _ _ -- .,..--� ,; ;,- —Counsel Defendant..-_ w ?. ORDER OF COURT 'a' AND NOW, ,20% . , in consideration of the foregoing petition, iZ \� / i.A1 Esq., and rf tel Esq.,and a Esq., are appointed arbitrators in the above captioned action(or actions)as prayed for. By the Court; a. Kevin A.Hess,P.J. , Thelma V. Jenkins In the Court of Common Pleas of Cumberland . Plaintiff � Christine PrlgglnS County, Pennsylvania No. 09 -5620 Defendant _ i Civil Action—Law. Oath We do solemnly swear(or affirm) that we will support,'obey and defend the Constitution • the ,• -c. States and the Constitution of this Commonwealth and that we will discharge the duties of our ,' - .elity. l ___A, .1 . .,..e.,„.. -- ....,. . _ it:.,,... ....„.. 4. Sign. ure Signature UP Sign. Vicky Ann Trimmer Sarah E. Hoffm c4) Jo • - Mitchell I, Name(Chairman) Name _Name _ _! Persun & Heim, P.C. Johnson, Duffie IC Bar Properties Law Firm Law Firm Law Firm PO Box 659 301 Market Street 415 Fallowfield Rd, St 30] Address Address Address Mechanicsburg 17055 Lemoyne 17043 Camp Hill 17011 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed),make tL foilawing award: (Note: If damages for delay are awarded, they shall be separately st@t l.) R13 —i Z� l b o o l I/1 J �h C'J ! ,s2✓o// r S Cr)cnr. co 7 te. -! • C... 1 r- '-(--) .Arbitrator, dissents. (Insert rare if applicable.) , Date of Hearing: May 30, 2012 ► ��, Date of Award: (Chairman) r pirriii . i Notice of Entry of Award Now, the 31 _01" day of *, , 20 /. , at ire)) , A .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 't//Z,. ba Li,`a N. lSt,ze.l ( By: 01.ez) . it Prothonotary AFFIDAVIT I, THELMA V. JENKINS, being duly sworn according to law, hereby affirm that I have instructed my attorney, Andrew C. Spears, Esq., of Handler, Henning, & Rosenberg, LLP, to appeal the Cumberland County Board of Arbitrators' May 30, 2012, , decision. Further, I hereby affirm that my attorney has advised me that he does not be.lieve-th-axis appeal"has merit;since we do not have any medical expert testimony --•-=yr. - -v-�-T - ---- �,�,,,,•�,,, _- ____ _ _ __ _ _ to present regarding my aiieged injuries. I wish to proceed forward with the appeal of the Arbitrators' decision, despite my attorney's advice that my case may not ultimately be successful. I am aware that there will be further litigation expenses and costs involved in the appeal of the Arbitrators' decision. ' /,.I/ !/ .'r / T rLMA V. JENKI - Sworn to and subscribed before me this day _ COMMONWEALTH OF PENNSYLVANIA _ NOTARIAL$EAL., . _--..., _ . - - +-:... - __. L-- _� Rte. ._ .. ,.... of(�Gc iV'E'� , 2012. EL'IZABET'H A.GOWNLEY,Notary Public , Susquehanna Twp.,Dauphin County / My Commission Expires May 12,2015 •tary Public 1 ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION, SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO 7 YEARS AND PAYMENT OF A FINE UP TO$15,000.00 i • IN THE COURT OF COMMON PLEAS Thelma V. Jenkins CUMBERLAND COUNTY,PENNSYLVANIA VS NO. 09-5620 rri Christine Priggins , Lc) CJ NOTICE OF APPEAL, D ` FROM AWARD OF BOARD OF ARBITRATORS" —y-- .w TO THE PROTHONOTARY: Notice is given that Plaintiff, Thelma V. Jenkins appeals from the award of the board of arbitrators entered in this case on 05/31/2012 A jury trial is demanded X, (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 1. the compensation of the arbitrators has been paid,or 72. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) -:"—Alirfellftit or°Attorneyfor_Appellant_ -_ � , _ NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. ■ Thelma V. Jenkins • In the Court of Common Pleas of Cumberland Christine Priggins • Plaintiff . County, Pennsylvania No. 09 -5620 . Defendant .. . . • • Ij Civil Action-Law. . We do solemnly swear(or affirm) that we will supports obey and defend the Constitution • the' ' -• States and the Constitution .f this Commonwealth and that we will discharge the duties of our •elity. j .4I — 1 .- _______S.,ign. ure Signature Fi Sign. "`--.-rte_..---;-- Vicky Ann Trimmer Sarah E:Hoffma: i�------7a ,•. 1-Mitchell Name(Chairman) Name . ::-Nam..e. _ Persun:& eim, P.C. Johnson, Duffie Bar Properties Law Firm Law Firm Law Firm PO Box 659 301 Market Street 415 Fallowfield.Rd, St 301 Address Address Address Mechanicsburg 17055 Lemoyne • 17043 Camp Hill 17011 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn(or affirmed),make fo}lawing award: (Note: If damages for delay are awarded, they shall be separately stza=1.) , —! . . Zi POCK C7"W.v p�✓-,rte t a GrSJ "�r�T, • A� p n 4 Q - c' .Arbitrator, dissents. (Insert rfa�r e ife.ppliyc ble.) ' , ...< .(:) :;-I i Date of Hearing: May 30, 2012 1 —� - _ __ Date of Award: t r� �i�,y•�� "==...: (Chairman) `1 as pirpil, • • r ■ Notice of Entry of Award Now, the 3/ S�- day of ?ay 20 y� ,at /1:0) f) M., the above award was entered upon the docket and notice thereof given.by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 'iii/d'._CV :42/zst . • ' By: 4.)....A) • Prothonotary . Deputy 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-mails--�- .- .Spears @hhrlaw.com THELMA V. JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) v. : NO. 09-5620 : CIVIL ACTION - LAW CHRISTINE PRIGGINS • Defendant(s) CERTIFICATE OF SERVICE On June 15, 2012, I hereby certify that a true and correct copy Plaintiff's Notice of Appeal of the Arbitration Award was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Daniel:K: Deardorff;-Es q:.-- MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 HANDLER, HENNING & ROSENBERG, LLP Dated: 6/15/12 Andrew . Spears ty PETITION FOR GRANT OF LETTERS REGISTER OF WELLS OF Dauphin COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information lJ Name: Thelma V.Jenkins File No: t�a i dt tip t71 tea: (Assigned by Register) a/k/a: a/k/a` Social Security No: 171-30-7490 Date of Death: July 10,2012 Age at death:73 Decedent was domiciled at death in Dauphin County,Penrnsylvania (State)with his/her last principal residence at 1350 State Street Harrisburg Dauphin Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 4300 Londonberry Road Harrisburg Dauphin PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania. All personal property $ 5,000.00 If not domiciled in Pennsylvania. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. Personal property in County $ Value of real estate in Pennsylvania. $ t b TOTAL ESTIMATED VALUE.... $ Real estate in Pennsylvania situated at: see additional sheetsB, (Attach additional sheets.(f necessary.) Street address,Post Office and Zip Code City,Township or Borough County 0 A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc) FILED • ' 12105/2012 9:17:37 AM Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a pistrtoiiilehillngKing divorce proceeding wherein the grounds for divorce bad been established as defined in 23 Pa.C.S.§3323(g),and did not haviRagihibkbord dti 11s adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Clerk at Orphans' Court O NO EXCEPTIONS Q EXCEPTIONS Dauphin Couflt2 FA in?t kt,ar. 201226303 in B. Petition for Grant of Letters of Administration (If applicable)he' t)e c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durance absentia,durance minor/ 1 If Administration,c.t.a.or db.n.c,t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Rose Jenkins daughter 707 Sth 2nd Street,Steelton,PA Micheal Jenkins • son 13 Steingler Street,Belton,SC 29627 Russel R.Jenkins,Jr. son 2251 Kottn Road,harrisburg,PA 7110 Mark Jenkins son 552 s.2nd Street,Steelton,PA 17113 A,v S 5.4 / . i 3 E�/"i ni t r S-( oP /— Z - 2c O ? 5i Form RW-02 rev.10/11/2011 Page 1 of 2 • 05/03/2013 12:36:26 PM • DAUPHIN COUNTY . . , ., . . • • • . . • . . . : • . . . • , . . . • • . 111. • . . . se ' • Oath of Personal Representative OFC2Cial • COMMONWEALTH OF PENNSYLVANIA ) OCT 1 2. 2012 .} ss: . . • - COUNTY OF • . • ) • 1 -"ti ..i•‘i.' ..; 111,-• 3,.i.,;• . • Li - i .. -!' „ ■-,7:—I- IC. ■■■ipill, Petitioner(s)Printed Name Petitioner(s)Printed Address . ' • A $e• /t14at:J0 . 2:°..7 /J't'I LC44f."------7:1/ /‘^' fo• / //—r. ' e/y s( z-,./A1-is. . " is-o si-,4 . -7-,/ 4,,,I,1 ,, / ( '4a) ,y,a,.„/, "cijik.l Se /3 ..5,4‘,..ff• „‹.. :3--,1• 4044,i, St' j,06, -7 • 5 . . • _ .632 ,.., — r Yee/41, /e.,4 •. . The Petitioner(s)above-named swear(s)or offal:11(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief • of Petitioner(s)and that,as Personal Representative(s)of the Dec . ,,, 'a P-:tion ctrell and_Zola's'the estate according to law. • Sworn to or affirmed and subscribed before 4. . . . Date/4 - i:1A/. n lig ir me this 1211:day of LIgg-Lm , ,2,,tx...._ _.4 , Iry Date ^/ '• • ,....-;.10:AW,W Or, VI.ii LI By:iLe4.11A- plakt gr mil. .AI • "-41.1717417.S.:1111,7 .....■ • ' Date _X...?— -/Z-7- r the Re,i. , • 01011111.4111,,MealEM . Date FL—.15---I 2— • A/)....) . • i' 4Y/7"---- • . . • .. . . BON* Required: 0 YES' 0 NO To the Register of Wills: . FEES: Please enter my appearance by my signature below: • . . Letters Si T.q27 Attorney Signature: ( f )Shirt CertiBeate(s) • . • ( )Renunciation(s). . . , • • ( )Codicil(s). . ( • )AfEdavit(s) • . „ . • • • Bond. • Printed Name: • • - • Commission. Supreme Court . . • Other • . ID Number: " • • Firm Name: . • Address: • • . . . • . _ • . . Phone: . . Automation Fee. . Fax: ICS Fce. . , . Email: . . • • TOTAL. ..>- -t--rt, • S t.f//53 • • ae-e itor yde /.4...s--vd- , ...--. ' ' . • . . • • . . . DECREE OF THE REGISTER • . . . . , . . Estate of: THELMA V. JENKINS - . . . File No: 2212-1-184 • • . . . . .. . . AND NOW, DECEMBER 5;2012, in consideration of the foregoing Petition,satisfactory proof having . been presented before me IT IS DECREED that LEI I ERS OF ADMINISTRATION are hereby granted to - - • MICHAEL A. JENKINS, SR. ,MARK T. JENKINS , ROSE M. JENKINS and RUSSELL R. JENKINS,JR. in •• . the above estate and (if applicable)that the instrument(s)dated described in the Petition to be admitted to • probate and filed of record as thelast Will(and Codicil(s))of Decedent. • . . . , • • . . . . . . . . . . . • . A K.:- • . . . . . •. . . . . . .. . . .• • . • Jean MarfiZO Ki g, egiste.r of. ills . • . • .. . • • . .. . . . . . . • , • . .,.,. . . • • .Form RP1-0.2 rev.10/1.1/2011 . , .. .. . - •• . • Page.2 of2 • • • . . . . . • • . • 05/03/2013 12:36:26 PM DAUPHIN COUNTY Inst.#201226303-Page 2 of 3 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF COUNTY,PENNSYLVANIA REAL ESTATRE SITUATED IN PENNSYLVANIA Parcel # Address 08-021-049 1344 State Street, Harrisburg, PA 17103 08-021-050 1346 State Street, Harrisburg, PA 17103 „,\C".;,■*c. • DAUPHIN COUNTY Inst#201226303-Page 3 of 3 05/03/2013 12 36 26 PM 1 l Ili i ji e 4 thile/r/g/ / 2 ce// . /f'1%s° f ,,____.,4:-'";77./tAJ f ,( /1„/"A-- (--<c_....16.----1/ ,...,/-.3 / Z,V A'i 0 4 X„, •.a V VM , 44—7/9/1 1 // -If;/1/ li,4 ' /9/ /9 -e/('6%1./ SI •04 i /ev1/9 /("f , t ,,,�/ c1.r/ t Vii/ �� / ; , , 4 G 7 � ,o _ / ��'e ,tee-. a /41(/ • /I /./4- • f te— tc,---t— FILED 5!2112 9:19:43 AM G l� C Jean Marlizo fang Register of Wills Clerk'of Orphans' Court 2)(.-/J -/z ■ Dauphin Countyy, PA Inst Nua: 2u122b306 NOTARIAL SEAL FILED WINSTON R PALMER Notary Public DEC 5 20 92 HARRISBURG CITY,DAUPHIN COUNTY My Commission Expires Jan 4.2015 iEPN uiARFIZO t(IN. 1 gavlfavi. , 8gb -; ."1:4.-- /44,-- ----- , , 05/03/2013 12:36:44 PM DAUPHIN COUNTY Inst.#201226306-Page 1 of 2 I :Rose Jenkins do hereby understand that no assets are to be removed from the state, due to Michael Jenkins living out of state Dated 10/23/12 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL NH/EN NICOLETTE NGUYEN,Notary Public Harrisburg City,Dauphin County My Commission Expires October 31,2016 pti\o - FIlE6 !2/0S/2012 9:14:43 AM Jea;12 �"farfizo King Register of Willa Clerk of 0rphars' Court Dauphin County, Pp Inst Nua: 201226306 FILED DEC 5 2012 JEAN MAR FIZO KIN CLEPP6PIR R I ' eur. i 05/03/2013 12136:44 PM DAUPHIN COUNTY Inst.#201226306-Page 2 of 2 CERTIFICATION OF NOTICE UNDER Pa. O.C. Rule 5.6(a) REGISTER OF WILLS 4� A./ COUNTY,PENNSYLVANIA Name of Decedent: 4/1-d 774/� r Date of Death: 7--/' '- 2 0/ File Number: ga I a. -~ //I'V Date Letters Granted: FILED 12/05/2012 9:20:34 AM Jean Marfizo King Register of Wills To the Register. Clerk of Orphans' Court PR I certify that Notice of Estate Administration required by Pa.O.C.Rule 5.6(a)of the Orphaniis in Count 201226307 Rules was served on or mailed to the following beneficiaries of the above-captioned estate on Nam-: Address: / p/ / . M7� x 2 Y. ' S 5 -c ,& ''�) a W� "2.-.2-S-1 �4 e. • N436 PA-- i- u o ocse - A,d.A.,,,,, � 70, S, .),/ 3 DEC 5 Z01Z rh (If more space is needed, attach separate sheet.) CLERK R�t� OR HA GI 8U Notice has now been given to all persons entitled thereto under Pa.O.C.Rule 5.6(a)except: \ _ Dote I •2- Z S ' Z O l Signature of Person Filing this Form Ca ity: ©Personal Representative 0 Counsel NOTARIAL SEAL V Sst;...t—L R• Nki ,e1, -3-Q-• WINSTON R PALMER Name of Person Filing this Form Notary Public S-0 C J Y \--e 5.7' HARRISBURG CITY,DAUPHIN COUNTY 1'J My Commission Expires Jan 4.2015 Aa 4 )ARPas avr�-t PA t� a 4,01e4._ -117 GAS--3 S—Coa / Telephone • Form RW-08 rev.10.13.06 RW-08 na/n1Mn13 12.37 19 PM DAUPHIN COUNTY Inst.#201226307-Page 1 II, cite 5: 0 In the Estate of: Thelma Jenkins Estate No. 2212-1184 Date: 1/22/13 CLAIM AGAINST DECEDENT'S ESTATE The claimant certifies that there is due and owing by the decedent in accordance with the attached statement of account or other basis for the claim the sum of $15.099.09. I solemnly affirm under the penalties of perjury that the contents of the foregoing claim • are true to the best of my knowledge, information and belief. Susquehanna Bank I�1 l _ Name of Claimant Signature of claim or pc authorized to make Verifications on behalf of c nun Christina Grove, Specialist I -Susquehanna Loan Center PO Box 639 fIlEO Maugansville,MD 21767 01/25/2013 8t31:35 AM 1-888-722-7270 x 27237 Jean Marfizo King Register of Wills Clerk of Orphans' Court CERTIFICATE OF SERVICE Dauphin County, PA Inst Num: 21)1301789 I herby certify that on this 22day of January,2013, I mailed,first class postage prepaid a copy of the foregoing Claim to the personal representative Michael A Jenkins Sr. at mailing address 13 Steingler Street, Belton, SC 29627. Signature • Claint • Instructions: 1. This form may be filed with the Register of Wills upon payment of the filing fee provided by law. A copy must also be sent to the personal representative by the claimant. 2. If a claim is not yet due, indicate the date when it will become due. If a claim is contingent, indicate the nature of the contingency. If a claim is secured,describe the security. RW 1128 PS-3584 2008 FILED :JAN 2 5 2013 Rrtil l l.°tl gglii CLERK OF THE ORPHANS ,.e//,,l/.,,.,• ,n.n,.,n n,. nni ioun.i r'ni[MTV '..et*7n10N17RO_Dona 1 Susquehanna Susquehanna Bank P.O.Box 639 Maugansvllle,MD 21767-0639 Toll free 888.722.7270 January 22, 2013 RE: Estate of Thelma Jenkins Estate#2212-1184 Date of Death: 07/10/2012 Loan #xxxx018803 Collateral Address: 1348-50 State Street, Harrisburg, PA 17103 Below is a payoff for the above referenced borrower's account good through 01/22/12. • Current Balance $15,019.09 Accrued Interest $0 Late Charges . ' ._ $0 Other Fees & Charges • ' $80.00 Total payoff through,01/22/13: $15,099.09 Per Diem $1.74229 '• If you have questions or need additional information, please contact me at the below number. Thank you. Sincerely, • COLA. Christina Grove Specialist I Susquehanna Bank Collections and Recovery 888-722-7270 ext. 27237 • ' 05103R013 12:37:40 PM DAUPHIN COUNTY Inst.#201301789-Page 2 PENNSYLVANIA INHERITANCE TAX R` INFORMATION NOTICE BUREAU OF INDIVIDUAL TAXES FILE NO. 22 i2—1 (74 • PD Box 2ao601 pennsylvania AND ACN 12146087 NARRISBUR6 PA 1i128-060I DEPARTnENTOFREVENUE TAXPAYER RESPONSE DATE 08-21-2012 FI LE lEY•7Si!EX APP!0E-11) TYPE OF ACCOUNT •APR 8 - 2013 EST. OF THELMA V JENKINS ❑ SAVINGS SSN 171-30-7490 ® CHECKING . :ANM FIZOKIN(a DATE OF DEATH 07-10-2012 ❑ TRUST e PREM088W1 COUNTY DAUPHIN ❑ CERTIF. REMIT PAYMENT AND FORMS TO: MARK T JENKINS REGISTER OF WILLS 552 S 2ND ST FRONT AND MARKET ROOM 103 STEELTON PA 17113-2901 HARRISBURG PA 17101 SUSQUEHANNA BANK provided the department with the information below. which was used in calculating the inheritance tax due. Records indicate that at the death of the above-named decedent, you were a joint owner/beneficiary of this account. If you are the spouse of the deceased and any amount other than zero is reflected below on the Potential Tax Due line, note no tax say be due, but you oust notify the department of your relationship to the deceased by checking Box C In PART 1 below and writing "spouse" in PART 2. If you believe the information is incorrect. please obtain written correction from the financial Institution, attach a copy to this form and return It to the above address. Please Cu)) 717-787.8327 with questions, COMPLETE PART 1 BELOW x SEE REVERSE SIDE FOR FILING AND PAYMENT INSTRUCTIONS Account No. 103100000829 Date 04-10-2007 To ensure proper credit to the account, two Established copies of this notice must accompany 380.99 payment to the Register of Wills. Make check Account Balance $ payable to "Register of Wills. Agent". Percent Taxable X 50.000 Amount Subject to Tax g 190.50 NOTE, If tax payments are made within three months of the decedent's date of death, Tax Rate X .15 deduct a 5 percent discount on the tax due. Potential Tax Due $` 28.58 Any inheritance tax duo will become delinquent nine months after the date of death. PART +.. TAXPAYER RESPONSE 0 d:\t5::V _ } ;''•V7A171t 7 f k; 'R tf. ' t h „:0.--.-0-4- '-.‘”Ya-.. 0 :,VA ` 1-',"IrJj A. jAThe above information and tax duo is correct. Remit payment to the Register of Wills with two copies of this notice to obtain CHECK a discount or avoid interest, or return this notice to the Register of Wills and an official assessment will be issued by the PA Department of Revenue. ONE BLOCK B. 0 The above asset has been or will be reported and tax paid with the Pennsylvania inheritance tax return ONLY filed by the estate representative. C. fl The above infor a ion is incorrect and/or debts and deductions were paid. Complete PART a2 and/or PART O below, PART If indicating a different tax rate, please state ci .,� r .- 'c: © relationship to decedent: ° TAX RETURN - CALCULATION OF TAX ON JOINT/TRUST ACCOUNTS ," LINE 1. Date Established 1 . 2. Account Balance 2 $ 5, Percent Taxable S t 41 4, Amount Subject to Tax. 4 $ t`~ h' _ 5. Debts and Deductions 5 6. Amount Taxable 6 s A 7. Tax Rate 7 X t07�fi3 S. Tax Due 8 $ l PART DEBTS AND DEDUCTIONS CLAIMED El . DATE PAID PAYEE DESCRIPTION AMOUNT PAID ' TOTAL (Enter on Line 5 of Tax Computation) i U•• p' a i of perjury, I declare that the facts I reported above_r rue repre ./'•fe/ e best f my knowledge and belief. HOME C "if,) I" r � / WORK C ) Y! / //0 TAXP• ER SIGNATURE TELEPHONE NUMBER DATE 05/03/2013 12:37•57 PM DAUPHIN COUNTY Inst.#201307563-Page 1 fa PENNSYLVANIA INHERITANCE TAX BUREAU CE INDIVIDUAL TAXES INFORMATION NOTICE FILE NO. 2212-1 l$`f ' PD BOX 280601 pennsylvania AND ACN 12146087 HARRISBURG PA 17128-0601 pEPARTnENTOFREVENUE TAXPAYER RESPONSE DATE 08-21.2Q12 FI LE D EEY•)Sfi EX aF0 805•1)) TYPE OF ACCOUNT APR 8 - 2013 EST. OF THELMA V JENKINS ❑SAVINGS SSN 17I-30-7490 ® CHECKING JaAN M FJZO KIN(, DATE OP DEATH 0 7-10-2012 0 TRUST ou iff�B -Veltth• COUNTY DAUPHIN 0 CERTIF. REMIT PAYMENT AND FORMS TO: MARK T JENKINS REGISTER OF WILLS 552 S 2ND ST FRONT AND MARKET ROOM 103 STEELTON PA 17113-2901 HARRISBURG PA 17101 SUSQUEHANNA BANK provided the department with the information below, which was used in calculating the inheritance tax due. Records indicate that at the death of the above-named decedent, you were a joint owner/beneficiary Of this account. If you are the spouse of the deceased and any amount other than zero is reflected below on the Potential Tax Due line, note no tax may be due, but you must notify the department of your relationship to the deceased by checking Box C in PART 1 below and writing "spouse" in PART 2. If.You believe the information is incorrect, please obtain written correction from the financial institution, attach a copy to this form and return it to the above address. Please call 717-787.8327 with questions. COMPLETE PART 1 BELOW w SEE REVERSE SIDE FOR FILING AND PAYMENT INSTRUCTIONS Account No. 103100000829 Date 04-10-2007 To ensure proper credit to the account, two Established copies of this notice must accompany payment to the Register of Wills. Make check Account Balance $ 380.99 payable to "Register of Wills, Agent". Percent Taxable X • 50.000 19 0.5 0 NOTE) If tax payments are made within three Amount Subject to Tax $` months of the decedent's data of death, Tax Rate X .15 deduct a 5 percent discount on the tax due. � Any Inheritance tax duo will become delinquent Potential Tex Due 28.58 nine months after the date of death. PART TAXPAYER RESPONSE r II 1l,.,,i)ft iE`11,.itl :,,i,,,i.,i!i' rlic �? si„.-.� t ,4.-�el N [i w � `, ? ;.y Ek! A. 1/•t The above information and tax due is correct. �-1\ Remit payment to the Register of Wills with two Copies of this notice to obtain CHECK — a discount or avoid interest, or return this notice to the Register of Wills and C ONE an official assessment will be issued by the PA Department of Revenue. BLOCK B. 0 The above asset hes been or will be reported and tax paid with the Pennsylvania inheritance tax return ONLY filed by the estate representative. • C. 0 The above infor a ion is incorrect and/or debts and deductions were paid. ' Complete PART, a2 end/or PART 30 below. PART If indicating a different tax rate, please state E1 relationship to decedent: TAX RETURN- CALCULATION OF TAX ON JOINT/TRUST ACCOUNTS � tr _. LINE 1. Date Established 1 ., 2. Account Balance 2 $ 3. Percent Taxable 3 X 4. Amount Subject to Tax. 4 S` C j-' .y 5. Debts and Deductions 5 - '1 ><_-a� -,curt 6. Amount Taxable 6 $ _ "A 7. Tax Rate 7 X "t07563 8. Tax Due 8 $ { -_ PART DEBTS AND DEDUCTIONS CLAIMED ID DATE PAID PAYEE DESCRIPTION AMOUNT PAID • ' TOTAL (Enter on Line'5 of Tax Computation) f U. p. a i of perjury, I declare that the facts I reported above r /true re .h10,/,, e best of my knowledge and belief. HOME ( r/ ) 7)� ��� C,// WORK ( ) !l �/} TARP. ER SIGNATURE TELEPHONE NUMBER DATE 05/03/2013 12:37:57 PM DAUPHIN COUNTY Inst.#201307563-Page 1 o1.L/dZ - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE PENNSYLVANIA NO. DA016070 BUREAU OF INDIVIDUAL TAXES DEPT.280601 INHERITANCE AND ESTATE TAX HARRISBURG,PA 17128-0601 OFFICIAL RECEIPT Received From: !ESTATE OF THELMA V.JENKINS ;MARK T.JENKINS .:552 S 2ND STREET HARRISBURG, PA 17113 ACN 1 .. ASSESSMENT ._.__Ford Here NUMBER AMOUNT ---- 12146087 28.58 ESTATE INFORMATION: SSN: 171-30-7490 C I FILE NUMBER 2212-1184 w.: NAME OF DECEDENT (LAST) (FIRST) (MI)' JENKINS THELMA V FILED DATE OF PAYMENT O4/09720I3 9:07:SO AM 04/09/2013 I Jean Marlin King Regist r of Wi11s POSTMARK DATE Clerk of Or hans' Court 04/08/2013 Int-4 Nuphll>m County,0 07742 COUNTY DAUPHIN DATE OF DEATH 07/10/2012 I REMARKS TOTAL AMOUNT PAID 28.58 DH /Lob/ " RECEIVED BY JEAN MARFIZO KING eloWA, "~1-4`3 Register of Wills SEAL REGISTER OF WILLS 05/03/2013 12:38:19 PM DAUPHIN COUNTY Inst.#201307742-Page 1 � I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE PENNSYLVANIA NO. DA016061 BUREAU of INDIVIDUAL TAXES DEPT.280601 INHERITANCE AND ESTATE TAX HARRISBURG,PA 17129.0601 OFFICIAL RECEIPT • Received From: ESTATE OF THELMA V.JENKINS MARK T.JENKINS 552 S 2ND STREET HARRISBURG, PA 17113 ACN ASSESSMENT CONTROL —Fold Here NUMBER AMOUNT — 12146087 28.58 ESTATE INFORMATION: SSN: 171-30-7490 r' FILE NUMBER ~ " 2212-1184 NAME OF DECEDENT (LAST) (FIRST) / r (MI) JENKINS THELMA V DATE OF PAYMENT 04/08/2013 I! POSTMARK DATE 04/08/2013 COUNTY DAUPHIN DATE OF DEATH 07/10/2012 REMARKS TOTAL AMOUNT PAID 28.58 RECEIVED BY JEAN MARFIZO KING Register of Wills SEAL r�HIS PEC ,IPT HAS BEEN VOIDED -- TAXPAYER 05/03/2013 12:38:19 PM DAUPHIN COUNTY Inst.#201307742-Page 2 • PRAECIPE FOR LISTING CASE FOR JURY TRIAL '�n (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY U' Please list the following case for a Jury Trial. CAPTION OF CASE jentire caption must be stated in fulll (check one) ❑ Civil Action—Law ['Appeal from,arbitrati.on �- Thelma V. Jenkins (other) (Plaintiff) No, 09-5620 Civil Term vs. The trial list will be called on April 23, 2013 Christine Priggins and (Defendant) Pretrials will be held on May 8, 2013 (Briefs are due 5 days before pretrials) vs. Trials commence on May 20, 2013 Indicate the attorney who will try case for the party who files this praecipe: w Daniel;K-Deardorff;:Esquire'Martson''Law'Offces;-1-0.Eagt`Kigh Street, Carlisle, PA 17013 li Indicate trial counsel for other parties if known: Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 This case is ready for trial. Signed: ., k Print Name: Daniel K. Deardorff, Es Date: January 16, 2013 Attorney for: Defendant THELMA V. JENKINS, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • • CHRISTINE PRIGGINS, • DEFENDANT : 09-5620 CIVIL TERM PRETRIAL CONFERENCE A pretrial conference was held on May 8, 2013. In attendance were Plaintiffs • - counsel,Andrew C: Spears, Esquire and defense counsel, Daniel K. Deardorff, Esquire. This case resulted from an automobile accident on August 26, 2007. Although Defendant admits negligence and agrees that Plaintiff suffered a neck strain, the allegation that Plaintiff incurred Raynaud's Syndrome as a result of the accident will be vigorously contested. Of course, to fully vet that issue at.a jury trial would require significant expense for both parties in terms of expert depositions and the like. Therefore, counsel have agreed to proceed with this matter on a non-jury basis. Counsel were not prepared to set a date for trial but agreed that the matter would be relisted, at which time the Court Administrator will assign the case to a judge., Practically, trial (in any form) should not be necessary because the parties are well within the realm of settlement. Given the issues, costs and vagaries of even a non- jury trial, we strongly suggest that the parties consider a settlement in the range of if • ;l}.) {.. - ,. 11 t• $5,000.00. L, ° By the Court, Cic < O Q7 }, cLr . mcc wx - - 4f - Albert H. Masland, J. co •1 :7 cv 1 09-5620 CIVIL TERM -Andrew C. Spears, Esquire For Plaintiff Daniel K. Deardorff, Esquire For Defendant Court Administrator :sal -2- MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER \/fi .I 'TS ON WILLIAM F.MARTSON DAVID A.FITZSIMONS LAW OFFICES JOHN B.FOWLER III - CHRISTOPHER E.RICE DANIEL K.DEARDORPF JENNIFER L.SPEARS THOMAS J.WU.LIAMS* SETH T.MOSEBEY 10 EAST HIGH STREET - IVO V.Orro III KAI IE J.MAXWELL' CARLISLE,PENNSYLVANIA 17013 HUBERT X.GILROY R.C.VANLANDINGHAM GEORGE B.FALLER JR.* TELEPHONE (717)243-3341 FACSIMILE (717)243-1850 `BOARD C E T R L A L S P E C L I S T CIVIL INTERNET wwwmartsonlawcom May 8, 2013 Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG,LLP 1300 Linglestown Road Harrisburg, PA 17110 RE: Thelma V. Jenkins v. Christine Priggins No. 09-5620-Cumberland.County C. C. P. Our File No.: 3050.593 Dear Andrew: After the Pre-Trial Conference in this case on May 8, 2013, I contacted my client and they are willing to pay the $5,000.00 if it would settle this case as recommended by the Judge. Please discuss this with your client. Please do not forget to substitute the Estate for the deceased Plaintiff in this case. I will re-list this case for anon jury trial for the July term. I look forward to hearing from you. Very truly yours, MARTSON LAW OFFICES Daniel.K. Deardorff DKD/ajt cc: Ms. Sharma Prascik (PAE-PA-01-07-0008814) F\FILES\Clients\30S0 Donegal\3050 Current3050.5933050.593.as32.wpd - INFORMATION •. ADVICE • ADVOCACY SM rt 7 -� ? i44,4; Handler Henning & Rosenberg LLP ,f. tom'�7�, '` i, Attorneys at Law H H # R, ,,,,,,,,,y,..; Andrew C.Spears Spears @hhrlaw.com May 23, 2013 Michael Jenkins Russell Jenkins, Jr. MarkJenkins Rose Jenkins 13 Steingler Street 2551 Kottn Road 552 S. 2nd Street 707 S. 2nd Street Belton, SC 29627 Harrisburg, PA 17110 Steelton, PA 17113 Steelton, PA 17113 Re: Incident of 8/26/2007 HHR Case #212919 Dear Jenkins Family: We have received an offer to settle your mother's claim for $5,000.00. Please discuss this offer and have a family representative contact me. If this case is not settled we are looking at a non-jury trial in the July 2013 term. Thank you. Very truly yours, HANDLER HENNING & ROSENBERG LLP By: Andrew . Spears ACS/anm 1300 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 ii PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. CAPTION OF CASE jentire caption must be stated in full] (check one) ❑ Civil Action —Law [] Appeal from arbitration Thelma V. Jenkins (other) (Plaintiff) No. 09-5620 Civil Term vs. y Christine Priggins - 70 --c tir (Defendant) ccn co : - cp CD D c7 Vs. — m Indicate the attorney who will try case for the party who files this_praecipe: _- __ _ Daniel K. Deardorff, Esquire; Martson Law Offices; 10 East High Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 This case is ready for trial. Signed: giZ QJ,,_2 Print Name: Daniel K. Deardorff, Esquir Date: May 30, 2013 Attorney for: Defendant ! I • THE PROTHONOTARY 2013 JUN 13 PM •2t. 41 Andrew C. Spears L` RLAND COUNTY Attorney ID# 87737 irdNSYLVANIA HANDLER, HENNING & ROSENBERG, LL 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com li THELMA V. JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .Plaintiff(s)___ - _ v. : NO. 09-5620 CIVIL ACTION - LAW CHRISTINE PRIGGINS Defendant(s) • ORDER AND NOW this 061-ay of ULLA, � , 2013, the Plaintiff, identified as Thelma Jenkins in the caption and the Complaint in this case shall be amended to properly delete said Plaintiff and shall substitute Plaintiff, Estate of Thelma V. Jenkins, to the caption and Complaint in this matter. • li ,By the court: _ -4. 'I J. • • Distribution List: Daniel K Deardorff, Esq ,MARTSON, DEARDORFF,WILLIAMS & OTTO, Ten East High Street, Carlisle, PA 17013 Andrew C. Spears, Esq. HANDLER, HENNING & ROSENBERG, 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110 i THE ESTATE OF : IN THE COURT OF COMMON PLEAS OF THELMA V. JENKINS, : CUMBERLAND COUNTY, PLAINTIFF : PENNSYLVANIA • V. CHRISTINE PRIGGINS, • DEFENDANT : 09-5620 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of November, 2013, a pretrial conference shall commence at 11:00 a.m., Monday, January 6, 2014, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ®ger AIb-'rt H. Maslatid, J. / Andrew C. Spears, Esquire For Plaintiff 17 Daniel K. Deardorff, Esquire For Defendant C) V Court Administrator I'll CIO CZ m_ . -or- :sal A u'r- r ,n �C) tea- m.� I F:LED-Oi:F : } THE PRO i HOHO AI-C1` 2313NOV 12 1PM 3 24 CUMBERLAND COUNTY Andrew C. Spears PENNSYLVANIA 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 ESTATE OF THELMA V. JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) • v. : NO. 09-5620 : CIVIL ACTION - LAW CHRISTINE PRIGGINS • Defendant(s) RULE TO SHOW CAUSE On this /? y of /aU ."7 , 2013, a Rule is issued on Plaintiffs to show A cause why Counsel's Petition for Leave to Withdraw Appearance should not be granted. Rule Returnable ink/days from service of this Rule. BY THE COURT: 40P . -■0e J. Notific on List: ,Rchael Jenkins, 13 Steingler Street, Belton, SC 29627 ussell Jenkins, 2551 Kottn Road, Harrisburg, PA 17110 Mark Jenkins, 552 S. 2"d Street, Steelton, PA 17113 Rose Jenkins 707 S. 2nd Street, Steelton, PA 17113 Daniel K. Deardorff, Esq.MARTSON, DEARDORFF, WILLIAMS & OTTO, Ten East High Street, Carlisle, PA 17013 1/-1114y AmeLtra.J,tels' !f /ali3 -- THE ESTATE OF INTHE COURT OF COMMON PLEAS OF THELMA V. JENKINS CUOBERLAND COUNTY, PENNSYLVANIA Plaintiff • V. CIN4IL ACTION CHRISTINE PRIGGINS, • Defendant : NO. 09-5620 CIVIL TERM ORDER OP COURT AND NOW, this 6th day of 1Tanuary, 2014 , upon consideration 4 of the Petition to Withdraw repre8entation of The Estate of Thelma Jenkins, filed by Andrew C. Spears, Esquire, and in light of the fact that no response has been received by the Court from the children of Ms . Jenkins, it is HEREBY ORDERED AND DECREED that the Petition is granted, and Andrew Spears is permitted to withdraw his appearance of record for the Plaintiffs . By the Court, Albert H. Maslano , J. Russell R. Jenkins, Pro Se 1350 State Street Harrisburg, PA 17103 Daniel K. Deardorff, Esquire For the Defendant /,,Andrew C. Spears, Esquire :vae -Zs rric-o fi22.11EL cf) 1 „,, THE ESTATE OF IN THE COURT OF COMMON PLEAS OF THELMA V. JENKINS • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. CIVIL ACTION CHRISTINE PRIGGINS, • Defendant • NO. 09-5620 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 6th day of January, 2014, following a pretrial conference, at which Daniel K. Deardorff, Esquire, appeared for Defendant, and at which one of the four children for the decedent, Russell Jenkins, appeared for the Plaintiff, we direct that a nonjury trial on this matter commence on Friday, March 28 , 2014 , at 9 : 00 a.m. Updated pretrial memos shall be submitted to the Court no later than the close of business on Friday, March 21, 2014 . By the Court, Al ert H. Masl d, J. Russell R. Jenkins, Pro Se 1350 State Street Harrisburg, PA 17103 Daniel K. Deardorff, Esquire For the Defendant Court Administrator ;.J l vae -�`pi 23 071:01*C-S 112414 L (. PROTHOMO Ir +{ E 2Gi4 JAN 29 AM 11 40 CUMBERLAND T` YAH A 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 ESTATE OF THELMA V. JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff(s) v. : NO. 09-5620 : CIVIL ACTION - LAW • CHRISTINE PRIGGINS • Defendant(s) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw my appearance on behalf of the Plaintiff, the Estate of Thelma V. Jenkins in regard to the above-captioned action. HANDLER, HENNING & ROSENBERG, DATE: I 41 By: Andrew . Spears, Esq. Supreme Court I.D. No 87737 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 717-238-2000 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 • ESTATE OF THELMA V.JENKINS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) • NO. 09-5620 CHRISTINE PRIGGINS CIVIL ACTION - LAW Defendant(s) CERTIFICATE OF SERVICE On Januaryr‘, 2014, I hereby certify that a true and correct copy of Praecipe to Withdraw was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Daniel K. Deardorff, Esq. MARTSON, DEARDORFF: WILLIAMS & OTTO Ten East High Street Carlisle, PA- 17013 Michael Jenkins 13 Steingler Street Belton, SC 29627 Russell Jenkins, Jr. 1350 State Street Harrisburg, PA 17103 Mark Jenkins 552 S. 2nd Street Steelton, PA 17113 Rose Jenkins 707 S. 2nd Street Steelton, PA 17113 HANDLER ENNING & ROSENBERG, LLP ' Dated: 1/21///1/ Andrew C. Spears • THE ESTATE OF THELMA V. JENKINS, Plaintiff IN THE COURT ,OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTINE PRIGGINS, Defendant NO. 09 -5620 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of March, 2014, this being the time set for a nonjury trial, and the Court having been presented with an agreement in open court and in the presence of Russell R. Jenkins who is appearing on behalf of his siblings, and it being related that Mr. Jenkins and his siblings have signed a release whereby they agree to a settlement of $5,000.00 to end this case, we approve that settlement and direct the Prothonotary to mark the docket settled, discontinued, and ended. By the Court, Albert H. Ma land, J. X:sell R. Jenkins, pro se 1350 State Street Harrisburg, PA 17103 /niel K. Deardorff, Esquire For Defendant prs X/ /6(