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Home My WebLink About10-4950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA :No. M- L-I q 50 Nl Brittany Seguin 13476 Baker Hollow Rd Hesston, PA 16647 Plaintiff. Vs. : Civil Action - Law PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION Filed on behalf of Plaintiff Cory R. Walter 13721 W. Solano Drive Litchfield Park, AZ 85340 and Swift Leasing Co. Inc. and Swift Transportation Co. Inc. 2200 South 75 h Avenue Phoenix, AZ 85043 Defendant. Counsel of Record for Plaintiff Christopher R. Jancula, Esquire 1701 Fifth Avenue Altoona, PA 16601 :(814) 946-4316 : State I.D. # 92880 ZT- Ca ~:? -:.Ti m r - Qa ? ? (?p )1? 7knca(w err la?vi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Brittany Seguin Plaintiff. : Civil Action - Law Vs. : No. U - G? l/! Cory R. Walter & Swift Leasing Co. Inc. and Swift Transportation Co. Inc. Defendant. PRAECIPE FOR WRIT OF SUMMOMS IN CIVIL ACTION TO THE PROTHONOTARY: DAVID D. BUELL SIR: Please enter my appearance on behalf of the Plaintiff, Brittany Seguin, and issue a WRIT OF SUMMONS IN CIVIL ACTION against the Defendant, Cory R. Walter 13721 W. Solano Drive, Litchfield Park, AZ 85340 AND Swift Leasing Co. Inc. AND Swift Transportation Co. Inc 2200 South 75th Avenue, Phoenix, AZ 85043, and have the Sherriff serve defendants forthwith. SULLIVAN, FORK, STOKAN, HUFF & KORMANSKI 01 BY: ?G Attorney for Plaintiff Christopher R. Jancula, Esquire 1701 Fifth Avenue Altoona, PA 16601 946-4316 State I.D. # 92880 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Brittany Seguin Plaintiff. : Civil Action Law Vs. : No. Cory R. Walter and Swift Leasing Co. Inc. and Swift Transportation Co. Inc. Defendant. WRIT OF SUMMONS To: Cory R. Walter 13721 W. Solano Drive, Litchfield Park, AZ 85340 AND Swift Leasing Co. Inc. /Swift Transportation Co. Inc 2200 South 75th Avenue, Phoenix, AZ 85043. You are hereby notified that the Plaintiff, Brittany Seguin, has commenced an action against you. Date -.? -:2) 6 a-x-?c David D. Buell, Prothonotary ~.~ Docket No. 10-4950 f'i~F~. _. _. ~!: ~ ~" ., ~Ul~ r;~'.~ 1 u ~`;'~ -~w ~v(~~o ~~ ~: ya- _ !1 f- , ~ . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY SEGUIN, Plaintiff, v. CORY R. WALTER and SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC., CIVIL ACTION -LAW Docket No. 10-4950 Issue No. PRAECIPE FOR APPEARANCE Code: Defendants. Filed on behalf of Defendants Counsel of record for these parties: John T. Pion, Esquire PA I.D. # 43675 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 1500 One Gateway Center Pittsburgh, PA 15222 (412) 281-2288 James DeCinti, Esquire PA I.D. #77421 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 4000 Market Street Camp Hill, PA 17011 717-737-5833 JURY TRIAL DEMANDED .~ Docket No. 10-4950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY SEGUIN, Plaintiff, CIVIL ACTION -LAW Docket No. 10-4950 v. CORY R. WALTER and SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC., Defendants. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the defendants, CORY R. WALTER and SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC., regarding the above- referenced matter. A JURY TRIAL IS DEMANDED. PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. By ~ ~ /~/~ John T. Pion, Esquire 1500 One Gateway Center Pittsburgh PA 15222 412-281-2288 James DeCinti, Esquire 4000 Market Street Camp Hill, PA 17011 717-737-5833 Counsel for Defendants Docket No. 10-4950 CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance was served upon counsel of record by U.S. mail, postage prepaid, this ~~ ~' day of August, 2010, as follows: Christopher R. Jancula, Esquire Sullivan, Forr, Stokan, Huff & Kormanski 1701 Fifth Avenue Altoona, PA 16601 (Counsel for Plaintiff) PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. By ~~~~ I ~j~ John T. Pion, Esquire 1500 One Gateway Center Pittsburgh PA 15222 412-281-2288 Counsel for Defendants ti Docket No. 10-4950 _ -~~ ~~ !•t Uri 2u~~ f~~~•~;.~~ ~~~ •'iH 1 ~U l0 I /' ~~T`~~ G~~ ~~ _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY SEGUIN, Plaintiff, v. CORY R. WALTER and SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC., Defendants. CIVIL ACTION -LAW Docket No. 10-4950 Issue No. PRAECIPE FOR RULE TO FILE COMPLAINT Code: Filed on behalf of Defendants Counsel of record for these parties: John T. Pion, Esquire PA I.D. # 43675 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 1500 One Gateway Center Pittsburgh, PA 15222 (412) 281-2288 James DeCinti, Esquire PA I.D. #77421 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 4000 Market Street Camp Hill, PA 17011 717-737-5833 JURY TRIAL DEMANDED Docket No. 10-4950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY SEGUIN, Plaintiff, CIVIL ACTION -LAW Docket No. 10-4950 v. CORY R. WALTER and SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC., Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue the necessary Rule upon Plaintiff to file a Complaint in the above-referenced matter within twenty (20) days of service thereof, or suffer Judgment of Non-Pros. A JURY TRIAL IS DEMANDED. PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. BY ~'~~~ ohn T. Pion, Esquire 1500 One Gateway Center Pittsburgh PA 15222 412-281-2288 By J es DeCinti, Esquire 4000 arket Street Camp Hill, PA 17011 717-737-5833 6//o/io Counsel for Defendants You ~ hereby ~der~eo( ound d i, '~o ;~ our nn e. ~ ~ Y l~rnplat~n~ ai~sf `!~ ~~~EOtI~'fis t~'fR.t.tlt~ 01o C~n+y~ d~o~ o~ °~rvie.e 'F-~', u ~ or s~ R1!°»'~ I'1o11 f~ ~ `~'9 p , Q Docket No. 10-4950 CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint was served upon counsel of record by U.S. mail, postage prepaid, this ~-S ~' day of August, 2010, as follows: Christopher R. Jancula, Esquire Sullivan, Forr, Stokan, Huff & Kormanski 1701 Fifth Avenue Altoona, PA 16601 (Counsel for Plaintiff PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. ~~ ~~f~-~~ ~. sy ~, ~ ~~---- John T. Pion, Esquire 1500 One Gateway Center Pittsburgh PA 15222 412-281-2288 Counsel for Defendants SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SO/IC/tOr ~$~;~1tp aC ~udrbrtf,~y~ # '~ ~; ~FFtG€ ~~,F '~E : ~ERIFR _:i~.i: t, ~~, ~ 0~1~~ ! 3 PM ~=~.aCl~ 't'it • ,~ ~ •; P _. i`~. s 1, i r Brittany Seguin vs. Croy R. Walter (et al.) Case Number 2010-4950 SHERIFF'S RETURN OF SERVICE 08/02/2010 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to Cory R. Walter. 08/02/2010 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to Swift Leasing Co., Inc. 08/02/2010 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to Swift Transportation Co., Inc. 08/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, Swift Transportation Co., Inc., in the following manner: On August 2, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 2200 S. 75th Avenue, Phoenix, AZ 85043. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by J. Bowers. 08/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, Swift Leasing Co., Inc., in the following manner: On August 2, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 2200 S. 75th Avenue, Phoenix, AZ 85043. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by J. Bowers. 08/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, Cory R. Walter, in the following manner: On August 2, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 13721 W. Solano Drive, Litchfield Park, AZ 85340. The certified mail retum,receipt card was returned to the Cumberland County Sheriffs Office as "Not Deliverable as Addressed'."and "Unable to Forward" by the United States Postal Service. SHERIFF COST: $82.77 SO ANSWERS, August 13, 2010 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Brittany Seguin Plaintiff. Vs. Cory R. Walter and Swift Leasing Co. Inc. and Swift Transportation Co. Inc. Defendant. Civil Action -Law No, .~ SO WRIT OF SUMMONS ~lVi l To: Cory R. Walter 13721 W. Solano Drive, Litchfield Park, AZ 85340 AND Swift Leasing Co. Inc. /Swift Transportation Co. Inc 2200 South 75~ Avenue, Phoenix, AZ 85043. You are hereby notified that the Plaintiff, Brittany Seguin, has commenced an action against you. /~~~~d Date David D. Buell, Procth~on~otary . //~ t TRUE • COPY. FROM RECORD b whM~aW. ~ hftr undo wt m~- hind and Ihi d~aid ~ Cam, lllis ~ Zp~ ho~haaeh- ~~~~ ~ ; , 2 ^ A Q~wry decked. RMOk~1scl ^ AQerrt X i P11rd yoour Warne and address on the t+everae ~ ~ adc~aeesee 90 that wa Can return the exind to you. B. dY (PrNidsd Mane) C. Date at DeNvery ^ Attadt this card td the back of the mailpkrce, or on the fiont H apace perrr~ts . ^ lf es D. la ddlMary address dNkrerr<iront stern 17 1. Artkis Addrasasd to: Swift Leasing C o . , Inc . rc YES, erUer delivery address below: ~ ~ 22afl S. 75th Avenue .Phoenix, AZ 85043 3. SenrbslSrpe D Cer1NMd MaN ^ lbq~reas Mali 2 0 1 0 - 4 9 5 0 ~ R.pitler.a ~ Retum Receipt for Mend,arwise o n>suad MeY o co.D. 4. Restrkted Da1vw~/1(~ ~) D Yes 2. NikN I~snbar (-ranstertMorr-ar-ioe tabu 7 0 0 6 0 810 00 0 0 7$ 81 7 8 4 7 WS f'rantt S~l?1.'Fedrtuup- 2QQ4 Dortreetlc RMaih Rec~pt ~~+-~sw ~ ifat~l7 4~RasbiC'f~ed~f3sNrerY ~ss~• at Prktt your ranrts and arJdrass on the reverse SO that vNe Can raturr! the Card to you. ^ Attach this card to the bade of the mdipiecs, or on the tnxrt ff apaos permits. 1. aticd. ndpYessed to: Swift transportation Co., 2200 75th Avenue Phoexc, AZ 85043 ~~ A Sipn~ X ~ ~t ^ Addressee a Rimed by (P-Mtsdpage) c. lade a oeHvery D. Is d.~ery address dMtlx~nt'tnxn seem i7 O Yes a tt YES, en4er deitvery address below: ^ No c. S. Savfoalyps D c?srtlRed MaN ^ 6ipt+ees Mal ^ RepirtMSd O rises„ Rsoelpt far nAe~atae ^ inaaea Mw D c.aD. 2 010 - 4 9 5 0 z~r ~ >ed wlNwyr tExbi. Fes) ^ Yco 2. Article t~knrrber phrreubrlrom:aatv-ae-labe9 7 0 0 6 0 810 0 0 0 0 7 881 7 8 5 4 PS Form 9811. Febru#ry2004 - Domsefic Ream, Receipt ,Doses-a¢-n-s.o BRITTANY SEGUIN :IN THE COURT OF COMMON PLEAS OF 13476 Baker Hollow Road :CUMBERLAND COUNTY, PENNSYLVANIA Hesston, PA 16647 Plaintiff :NO. 2010 GN 4950 V. :CIVIL ACTION-LAW CORY R. WALTER 13721 W. Solano Drive Litchfield Park, AZ 85340 and :JURY TRIAL DEMANDED ' ) ?•, C SWIFT LEASING CO. INC. and =-n SWIFT TRANSPORTATION CO. INC. __ _V _0 2200 South 75th Avenue M rn C? Phoenix, AZ 85043 - l a Defendants ~ ° rn NOTICE "`" You have been sued in Court. If you wish to defend against the claims set forth in the rv`` 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, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 E. Louther St. Ste. 103 Carlisle 17013 717-243-9400 1(800) 822-5288 SULLIVAN, FORR, STOKAN, HUFF & KORMANSKI Christopher R. J cula, Esquire Attorney for Plaintiff 1701 Fifth Avenue Altoona, Pa. 16602 (814) 946-4316 BRITTANY SEGUIN 13476 Baker Hollow Road Hesston, PA 16647 Plaintiff V. CORY R. WALTER 13721 W. Solano Drive Litchfield Park, AZ 85340 and SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC 2200 South 75th Avenue Phoenix, AZ 85043 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2010 GN 4950 :CIVIL ACTION-LAW :JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, BRITTANY SEGUIN, by and through her attorneys, Sullivan, Forr, Stokan, Huff & Kormanski, Esquire, and files this, her Complaint, against the Defendants, CORY R. WALTER, SWIFT LEASING CO. INC., and SWIFT TRANSPORTATION CO. INC., and respectfully represents as follows: 1. The Plaintiff, Brittany Seguin, is an adult individual with a residence address of 13476 Baker Hollow Road, Hesston, PA 16647. 2. The Defendants include Cory R. Walter, an adult individual with a last known address of 13721 W. Solano Drive, Litchfield Park, AZ 85340, and Swift Leasing Co. Inc. and Swift Transportation Co. Inc., corporations duly incorporated under the laws of the State of Delaware, with their principal place of business at 2200 South 75th Avenue, Phoenix, AZ 85043. Defendants regularly conduct business in Cumberland County, Pennsylvania. 3. On or about August 27, 2008, at approximately 4:29 p.m., the Plaintiff, Brittany Seguin, was the operator of a 2000 Chevrolet Malibu, which was stopped at a red light at the intersection of Airport Road and SR 174 in Shippensburg, Township, Pennsylvania. She was on Airport Road, in the left hand turning lane, facing north. 4. On the aforesaid date and at the aforesaid time, the Defendant, Cory R. Walter, was operating a 2006 Kenworth Truck, a tractor trailer, which had been proceeding west on SR 174 and was making a left turn onto Airport Road. 5. On the aforesaid date and at the aforesaid time, the Defendant, Cory R. Walter, negligently and carelessly failed to take the turn wide enough. As a result, the back end of his trailer crashed into the Plaintiff's hood, windshield, and front left support bar, and the back tires of his truck went up and over the Plaintiff's hood, causing injury to the Plaintiff as more specifically set forth hereinafter. COUNT I. BRITTANY SEGUIN V. CORY R. WALTER 6. Plaintiff incorporates by reference paragraphs 1 through 5 of her Complaint as if fully set forth at length herein. 7. All of the injuries, damages and/or losses sustained by the Plaintiff, as hereinafter set forth, were the direct and proximate result of the negligence and carelessness of the Defendant, Cory R. Walter, as more particularly set forth as follows: (a) In failing to maintain vigilance while operating his motor vehicle; (b) In operating his vehicle in a manner that was not reasonable nor safe; (c) In operating his motor vehicle without due regard for the right, safety, and position of Plaintiffs motor vehicle; (d) In failing to keep a proper lookout; (e) In failing to exercise due care and caution under the circumstances and conditions then and there existing; (e) In failing to have his vehicle under proper and adequate control; (f) In failing to abide by the traffic conditions then and there existing; (g)In failing to abide by the laws of the Commonwealth of Pennsylvania and the provisions of the Pennsylvania Motor Vehicle Code. 8. As a direct and proximate result of the negligence and carelessness of the Defendant as aforesaid, the Plaintiff sustained severe and serious injuries including, but not limited to, injuries to her bones, muscles, tissues and ligaments, including, but not limited to the following: cervical strain, cervical sprain, cervical muscle spasms, and Cervicocranial Syndrome. Diagnosed with these cervical whiplash injuries, she continues-two years after the accident-to experience tightness, tenderness, and pain in her neck, spine, and shoulders. In addition, she regularly endures, and was diagnosed with, tension headaches, which start in the neck muscles and radiate to the top of her head. As a result of these injuries, she has difficulty meeting her work duties, enjoying recreational activities, and trying to sleep. She suffers and will continue to suffer great pain and suffering, all of which is and/or may be serious and permanent in nature. 9. As a direct and proximate result of the negligence and carelessness of the Defendant as aforesaid, the Plaintiff has suffered and probably will in the future suffer great pain and agony; and has been and probably will in the future be obliged to expend various sums of money for medicine and medical attention in endeavoring to treat and cure herself of her injuries; and has been and probably will be in the future hindered and prevented from attending to her usual and daily occupation and activities resulting in lost wages and/or impairment of her.earning capacity. 10. Plaintiff claims any and all damages to which she is entitled under the Pennsylvania Motor Vehicle Financial Responsibility Law by virtue of and pursuant to her full tort status. WHEREFORE, the Plaintiff, BRITTANY SEGUIN, hereby demands that Judgment be entered in her favor and against the Defendant, Cory R. Walter, for a sum in excess of the $50,000.00 jurisdictional limits of arbitration for the Court of Common Pleas of Blair County, Pennsylvania, plus interest, delay damages and costs, and she will ever pray. COUNT II: BRITTANY SEGUIN V. SWIFT LEASING CO., INC. and SWIFT TRANSPORTATION CO., INC. 12. Plaintiff incorporates by reference paragraphs 1 through 10 as if fully set forth at length herein. 13. Swift Leasing Co. Inc. and Swift Transportation Co. Inc. are corporations duly incorporated under the laws of the State of Delaware, with their principal place of business at 2200 South 75th Avenue, Phoenix, AZ 85043. These Defendants regularly conduct business in Cumberland County, Pennsylvania. 14 At all times relevant and material hereto, Defendants, Swift Leasing Co., Inc. and Swift Transportation Co., Inc., owned and/or leased the truck driven by Defendant, Cory R. Walter. 15. At all times relevant and material hereto, Defendants, Swift Leasing Co. Inc. and Swift Transportation Co. Inc., through their agents, workmen, servants and/or employees, owned, controlled, maintained and/or were otherwise responsible for the actions of their employees during the ordinary course of business. 16. On or about August 27, 2008, at approximately 4:29 p.m., the Defendant Cory R. Walter, an employee of Swift, was driving this truck in the ordinary course of business of his employer, when he negligently and carelessly collided into Plaintiff's car, causing serious damages and injuries to Plaintiff, as more fully set forth in Count I. 17. Defendants, Swift Leasing Co., Inc. and Swift Transportation Co., Inc, as the employer of the Defendant, Cory R. Walter, are liable for the injuries and damages he directly and proximately caused, when, during the ordinary course of his employment, he negligently and carelessly crashed this tractor trailer into the Plaintiff s car. WHEREFORE, the Plaintiff, BRITTANY SEGUIN, hereby demands that Judgment be entered in her favor and against the Defendants, Swift Leasing Co., Inc. and Swift Transportation Co. Inc., for a sum in excess of the $50,000.00 jurisdictional limits of arbitration for the Court of Common Pleas of Cumberland County, Pennsylvania, plus interest, delay damages and costs, and she will ever pray. Jury Trial Demanded in all counts. Respectfully submitted, SULLIVAN, FORR, STOKAN HUFF & KORMANSKI BY: )?? - Christopher R. cula Attorney for Plaintiff 1701 Fifth Avenue Altoona, PA 16602 # 92880 VERIFIL&T ION The mdersigned avers that t la statements of fact set forth and contained in the forcaoing CONOL-A iNIT is true and correct to the best -of her knowledge, isaformat on and belief az?d are made sui;ject to and in recognition of 18 Pa. C.S.A. § 490.4 relating to unswom falsification to aUzhor;.ties. BRITTANY BRITTANY SEGUIN 13476 Baker Hollow Road Hesston, PA 16647 Plaintiff V. CORY R. WALTER 13721 W. Solano Drive Litchfield Park, AZ 85340 and SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC 2200 South 75th Avenue Phoenix, AZ 85043 Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2010 GN 4950 :CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher R. Jancula, Esquire hereby certify that a true and correct copy of the foregoing COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 29 of c° 71C.x °!? , 2010. James DeCinti PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 4000 Market Street Camp Hill, Pennsylvania 17011 Respectfully submitted, SULLIVAN, FORR, STOKAN, HUFF & KORMANSKI Date: By: Christopher R. Jancula, Esquire Attorneys for Plaintiff 1701 Fifth Avenue Altoona, PA 16602 State I.D.#92880 (814)946-4316 ~, BRITTANY SEGUIN 13476 Baker Hollow Road Hesston, PA 16647 Plaintiff v. CORY R. WALTER 13721 W. Solano Drive Litchfield Park, AZ 85340 and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO.2010 GN 4950 :CIVIL ACTION-LAW :JURY TRIAL DEMANDED SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC. 2200 South 75~' Avenue Phoenix, AZ 85043 Defendants CERTIFICATE OF SERVICE ~.-~ ~,,, ;, -~ ~ as ~rs, ~ --~ -- ~~ ~ ~r~ ,~ r- - ~ N "~ ~ ~~ ~, cxa ~ ~ ~' ~ ~ :=?~a . ~ ~-; ~~ , ~ m~ :~- I, Christopher R. Jancula, Esquire hereby certify that a true and correct copy of the foregoing ANSWERS FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS ADDRESSED TO PLAINTIFFS has been mailed b U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~2,~of Dc ~o~~ ~, 2010. James DeCinti PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 4000 Market Street Camp Hill, Pennsylvania 17011 Respectfully submitted, SULLIVAN, FORR, STOKAN, HUFF & KORMANSKI Date: L D' ~s /~ ~~ Christopher R. Jancula, Esquire Attorneys for Plaintiff 1701 Fifth Avenue Altoona, PA 16602 State LD.#92880 (814)946-4316 ~ ~ BRITTANY SEGUIN :IN THE COURT OF COMMON PLEAS OF 13476 Baker Hollow Road :CUMBERLAND COUNTY, PENNSYLVANIA Hesston, PA 16647 . Plaintiff :NO.2010 GN 4950 v. :CIVIL ACTION-LAW CORY R. WALTER . 13721 W. Solano Drive Litchfield Park, AZ 85340 and :JURY TRIAL DEMANDED l~r SWIFT LEASING GO. INC. and `~~ ~ ~_ SWIFT TRANSPORTATION CO. INC. ~~ ° .~.` 2200 South 75~' Avenue c~r,t" ~ ~;~ ; Phoenix, AZ 85043 s~--~ °3 - ~ " c~ Defendants : ~,... ...~~. ~:;-~:~ :`~ -~ .~- ~~` ~` ~.k^~ CERTIFICATE OF SERVICE ' __ , I, Christopher R. Jancula, Esquire hereby certify that a true and correct copy of the foregoing ANSWERS TO INTERROGATORIES OF DEFENDANTS ADDRESSED TO PLAINTIFF-SET 1 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~ 5 of O~C~ , 2010. James DeCinti PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 4000 Market Street Camp Hill, Pennsylvania 17011 Respectfully submitted, SULLIVAN, FORR, STOKAN, HUFF & KORMANSKI Date: ~ 0 ~S a By: ~~ Christopher R. Jancula, Esquire Attorneys for Plaintiff 1701 Fifth Avenue Altoona, PA 16602 State I.D.#92880 (814)946-4316 No. 17 AM-!1- B! pf Jul'} tYt.:j eJ '?.. ra IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRITTANY SEGUIN, Plaintiff, V. CORY R. WALTER, SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC Defendants. No. 2010 GN 4950 Filed on behalf of Defendants ANSWER WITH NEW MATTER Counsel of record for this party: John T. Pion, Esquire PA I.D. # 43675 James DeCinti, Esquire PA I.D. #77421 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 4000 Market Street Camp Hill, PA 17011 (717)737-5833 JURY TRIAL DEMANDED I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY SEGUIN, Plaintiff, V. CIVIL DIVISION No. 2010 GN 4950 JURY TRIAL DEMANDED CORY R. WALTER, SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC. Defendants. ANSWER WITH NEW MATTER AND NOW, come the Defendants, CORY R. WALTER, SWIFT LEASING CO. INC and SWIFT TRANSPORTATION CO. INC., by and through their attorneys, Pion, Johnston, Nerone, Girman, Clements & Smith, P.C., John T. Pion, Esquire and James DeCinti, Esquire, and file the within Answer with New Matter to Plaintiff's Complaint, and in support thereof aver as follows: 1. Answering Defendants admit that Plaintiff is who she says she is. 2. Admitted generally. 3. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegation contained in this paragraph and therefore same is denied. Strict proof is demanded at the time of trial. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C. P. 1029(e). 4. The allegation contained in this paragraph is a conclusion of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied and strict proof is demanded at trial. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C. P. 1029(e). 5. The allegation contained in this paragraph is a conclusion of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied that Answering Defendants were negligent or careless in this matter as stated in Plaintiff's complaint. To the contrary, at all times relevant hereto the Answering Defendants acted prudently and properly under the circumstances as there and then existing. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C.P. 1029(e). COUNTI BRITTANY SEGUIN V. CORY R. WALTER 6. Answering Defendants hereby incorporate by reference paragraphs 1 through 5 of their Answer as if set forth fully herein. 7. The allegations contained in this paragraph, including subparagraphs, are conclusions of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied that Answering Defendants were negligent or careless in this matter as stated in Plaintiff's complaint. To the contrary, at all times relevant hereto the Answering Defendants acted prudently and properly under the circumstances as there and then existing. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C.P. 1029(e). 8. The allegations contained in this paragraph are conclusions of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied that Answering Defendants were negligent or careless in this matter as stated in Plaintiff's complaint. To the contrary, at all times relevant hereto the Answering Defendants acted prudently and properly under the circumstances as there and then existing. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C.P. 1029(e). 9. The allegations contained in this paragraph are conclusions of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied that Answering Defendants were negligent or careless in this matter as stated in Plaintiff's complaint. To the contrary, at all times relevant hereto the Answering Defendants acted prudently and properly under the circumstances as there and then existing. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C.P. 1029(e). 10. The allegation contained in this paragraph is a conclusion of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied and strict proof is demanded at trial. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C. P. 1029(e). WHEREFORE Answering Defendants demand judgment in their favor and against Plaintiff including dismissal of the instant action with prejudice as well as attorney fees, costs and interest. COUNT II BRITTANY SEGUIN V. SWIFT LEASING CO.. INC. and SWIFT TRASNPORTATION CO., INC.. 12. Answering Defendants hereby incorporate by reference paragraphs 1 through 10 of their Answer as if set forth fully herein. (Paragraph 11 skipped in Plaintiff's Complaint) 13. The allegation contained in this paragraph is a conclusion of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied and strict proof is demanded at trial. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C. P. 1029(e). 14. The allegation contained in this paragraph is a conclusion of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied and strict proof is demanded at trial. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C. P. 1029(e). 15. The allegation contained in this paragraph is a conclusion of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied and strict proof is demanded at trial. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C. P. 1029(e). 16. The allegation contained in this paragraph is a conclusion of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied and strict proof is demanded at trial. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C. P. 1029(e). 17. The allegations contained in this paragraph are conclusions of fact and or law to which no response is required. To the extent that a response is deemed required, the allegations contained in this paragraph are specifically denied that Answering Defendants were negligent or careless in this matter as stated in Plaintiff s complaint. To the contrary, at all times relevant hereto the Answering Defendants acted prudently and properly under the circumstances as there and then existing. By way of further response, the allegation contained in this paragraph is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE Answering Defendants demand judgment in their favor and against Plaintiff including dismissal of the instant action with prejudice as well as attorney fees, costs and interest. NEW MATTER 18. Answering Defendants hereby incorporate by reference paragraphs 1 through 17 of their Answer as if set forth fully herein. 19. Answering Defendants specifically deny any allegation of Plaintiffs Complaint not admitted above. 20. Plaintiff has failed to state a claim against Answering Defendants upon which relief can be granted. 21. Plaintiffs claim is barred by the Statute of Limitations. 22. At all times material hereto, Answering Defendants acted reasonably, properly and prudently under the circumstances. 23. The alleged negligence of Answering Defendants, such negligence being specifically denied, was not the proximate cause of the damages alleged by Plaintiff, if any. 24. The alleged damages sustained by Plaintiff, if any, were proximately caused by parties other than Answering Defendants, of whom and over whom Answering Defendants had no control or right of control. 25. Plaintiff may have been contributorily or comparatively negligent in this matter. 26. Plaintiff has failed to state the cause of action upon which relief can be granted. 27. Answering Defendants hereby incorporate each and every affirmative defense stated in Pennsylvania Rule of Civil Procedure 1030(a), including but not limited to the defenses of release and waiver. 28, Answering Defendants hereby incorporate each and every affirmative defense available under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. 1701, et. seq, including but not limited to the Limited Tort provisions of the law. WHEREFORE, Answering Defendants respectfully request that this Honorable Court enter judgment in favor of Answering Defendants, together with all allowable costs and attorneys fees. Date: November 15, 2010 By PION, JOHNSTON, NERONE, GIRMAN, CLEMENT$ & SMITH, P.C. John T. Pion, Esquire PA I.D. # 43765 James DeCinti, Esquire P.A. I.D. # 77421 4000 Market Street, Suite 201 Camp Hill, PA 17011 (717) 737-5833 VERIFICATION I, Bess Padilla-Winfield, an authorized representative of SWIFT TRANSPORTATION CO. OF ARIZONA, LLC, have read the foregoing document. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. DATED kov, ' ?0( 0 X &E. Bess Padilla-Winfield RECEIVED NOV - 8`2010 BY: No. CERTIFICATE OF SERVICE I, James DeCinti, Esquire, hereby certify that a true and correct copy of the foregoing Answer with New Matter to Plaintiff's Amended Complaint was served upon counsel of record by electronic mail on November 15, 2010, as follows: Christopher R. Jancula, Esquire SULLIVAN, FORR, STOKAN, HUFF & KORMANSKI 1701 Fifth Avenue Altoona, PA 16602-2319 ci ancula gsfshlaw. com (Counsel for Plaintiffi PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. By James DeCinti, Esquire P.A. I.D. # 77421 4000 Market Street, Suite 201 Camp Hill, PA 17011 (717) 737-5833 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SEGUIN Vs. C-) r J C} NO. 201OGN4950 -n WALTER & SWIFT TRANSP -o-' - r-,,?s_7 rS -? CERTIFICATE r PREREQUISITE TO SERVICE OF A SUBPOENA 7 c? -*_ PURSUANT TO RULE 4009.22 o ;.- te As a prerequisite to service of a subpoena(s) for documents an-d thin 96 pursuant to Rule 4009.22 JAMES DECINTI, 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: 01/03/11 JAMES DECINTI, ESQUIRE 4000 MARKET ST CAMP HILL, PA 17011 717-737-5833 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Linda Morson MLR File #: M381576 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SEGUIN Vs. WALTER & SWIFT TRANSP I No. 201OGN4950 TO: CHRISTOPHER JANCULA, 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: 12/09/10 JAMES DECINTI, ESQUIRE 4000 MARKET ST CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Linda Morson Enc(s): Copy of subpoena(s) Counsel return card File #: M381576 COMMONWEALTH OF PENNSYLVANIA COON rY OF CUMBER AND SEGUIN Vs. WALTER & SWIFT TRANSP File No. 201OGN4950 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOcumENfTS OR TH 1 NGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: DR VASANTHA KUMAR, 764 LINCOLN WAY E, CHAMBERSBURG PA 17201 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following domrnents o , ng T - 1\LTrnI at MEDICAL LEGAL REPR . , . , PA-- --- (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of canpliance, to the party making this 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving thi subpoena may seek a court ordei- Lym pe I l i ng you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES DECINTI, ESQ ADDRESS: 4000 MARKET ST CAMP HILL PA 17011 TELEPHONE: ?_'1 r ^t n 7 '1 SUPREME COURT ID # - - - - - - ATTORNEY FOR: DEFENDANT M381576-01 DATE: I -):J -(L) Seal of the Court BY TFE COURT: Prothonotar lark, Civil Division 4 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SEGUIN Vs. WALTER & SWIFT TRANSP No. 201.OGN4950 CUSTODIAN OF RECORDS FOR: DR VASANTHA KUMAR COPIES OF ALL MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO NOTES, CORRESPONDENCE, BILLING RECORDS, X-RAYS, PRESCRIPTIONS AND ANY AND ALL OTHER DOCUMENTS PROVIDED IN ABOVE RECORDS FROM 1/1/04 TO DATE. PERTAINING TO: NAME: BRITTANY LEA SEGUIN ADDRESS: 13476 BAKERS HALLOW RD HESSTON PA DATE OF BIRTH: 07/07/89 SSAN: XXXXX8804 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. 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 DR VASANTHA KUMAR CUMBERLAND M381576-01 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA COUNTY OF -CUMBERLAND SEGUIN Vs. WALTER & SWIFT TRANSP File No. 201OGN4950 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: DR JAMES HAYDEN, 829 WASHINGTON ST, HUNTINGDON PA 16652 (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 t-6-i at . , i?r--- - MEDICAL LEGAL REPRODUCTIONS NC 494U D155TUN ST., (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 this request at the address listed above. You have the right to seek in advance the rep,onablc- 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=s, subpoena may seek a court order' a rpe l l i ng you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES DECINTI, ESQ ADDRESS: 4000 MARKET ST CANg HILT' PA 17011 TELEPHONE- 215 SUPREME OOURT ID # ATTORNEY FORR : M381576--02 DEFENDANT DATE Seal of the Court THE COURT : ? rir I j ry/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SEGUIN Vs. WALTER & SWIFT TRANSP No. 201OGN4950 CUSTODIAN OF RECORDS FOR : DR JAMES HAYDEN COPIES OF ALL MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO NOTES, CORRESPONDENCE, BILLING RECORDS, X-RAYS, PRESCRIPTIONS AND ANY AND ALL OTHER DOCUMENTS PROVIDED IN ABOVE RECORDS FROM 1/1/04 TO DATE. PERTAINING TO: NAME: BRITTANY LEA SEGUIN ADDRESS: 13476 BAKERS HALLOW RD HESSTON PA DATE OF BIRTH: 07/07/89 SSAN: XXXXX8804 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. 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 or DR JAMES HAYDEN CUMBERLAND M381576-02 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA CUJNrY OF-CUMBERLAND SEGUIN Vs. File No. WALTER & SWIFT TRANSP 201OGN4950 • ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCtlENTS OR THIW3S FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docuents Drs 9ArrT-A4 C4 WM -A D D D11A - at DR DEAN BURKHOLDER, 9318 MOLLY PITCHER HWY, SHIPPENSBURG PA 17257 MEDICAL LEGAL NC, 4940 DISSTON ST., P ssLA?-?---_ (Address) You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of ccnpIiance, to the party making,thi? request at the address listed above. You have the right to seek in advance the rea,onabir 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 orde;- ampe l l i ng you to omp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES DECINTI, ESQ ADDRESS: 4000 MARKET ST CAMP HILL; PA 17011 TELEPHONE: 2±5 -33-S 3212 SUPREhE COURT ID # ATTORNEY FOR: M381576-03 DEFENDANT _ DATE : 4 i aa_ -10 Seal of the Court BY THE COURT: Prot y/Clerk, civil Division Deputy (Eff. 7/97) SEGUIN Vs. ADDENDUM TO SUBPOENA WALTER & SWIFT TRANSP No. 201OGN4950 CUSTODIAN OF RECORDS FOR: DR DEAN BURKHOLDER COPIES OF ALL MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO NOTES, CORRESPONDENCE, BILLING RECORDS, X-RAYS, PRESCRIPTIONS AND ANY AND ALL OTHER DOCUMENTS PROVIDED IN ABOVE RECORDS FROM 1/1/04 TO DATE. PERTAINING TO: NAME: BRITTANY LEA SEGUIN ADDRESS: 13476 BAKERS HALLOW RD HESSTON PA DATE OF BIRTH: 07/07/89 SSAN: XXXXX8804 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHF.D 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 ate Authorized signature for DR DEAN BURKHOLDER CUMBERLAND M381576-03 * * * SIGN AND RETURN THIS PAGE * * * No. t pENNS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRITTANY SEGUIN, Plaintiff, V. CORY R. WALTER, SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC. Defendants. No. 2010 GN 4950 NOTICE OF CHANGE OF ADDRESS Filed on behalf of Defendants Counsel of record for this party: John T. Pion, Esquire PA I.D. # 43675 James DeCinti, Esquire PA I.D. #77421 PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS & SMITH, P.C. 355 North 21St Street, Suite 102 Camp Hill, PA 17011 (717)737-5833 JURY TRIAL DEMANDED No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRITTANY SEGUIN, ) CIVIL DIVISION Plaintiff, ) No. 2010 GN 4950 V. JURY TRIAL DEMANDED CORY R. WALTER, ) SWIFT LEASING CO. INC. and ) SWIFT TRANSPORTATION CO. INC. ) Defendants. ) NOTICE OF CHANGE OF ADDRESS TO THE PROTHONOTARY: Kindly note my change of address as counsel for Defendants, CORY R. WALTER, SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC., in the above matter. Papers may be served at the address set forth below effective May 5, 2011. James DeCinti, Esq. Pion, Johnston, Nerone, Girman, Clements & Smith, P.C. 355 North 21St Street, Suite 102 Camp Hill, PA 17011 Dated: May 2, 2011 PION, JOHNSTON, NERONE, GIRMAN, CLEMEN S & SMITH, P.C. By - ol? James DeCinti, Esquire P.A. I.D. # 77421 355 North 21St Street, Suite 102 Camp Hill, PA 17011 (717) 737-5833 No. CERTIFICATE OF SERVICE I, James DeCinti, Esquire, hereby certify that a true and correct copy of the foregoing Notice of Change of Address was served upon counsel of record by First Class Mail on May 2, 2011, as follows: Christopher R. Jancula, Esquire SULLIVAN, FORR, STOKAN, HUFF & KORMANSKI 1701 Fifth Avenue Altoona, PA 1 6602-23 1 9 cjancula agsfshlaw.com (Counsel for Plaintiffi PION, JOHNSTON, NERONE, GIRMAN, CLEMENTS 84 SMITH, P.C. By James DeCinti, Esquire P.A. I.D. # 77421 355 North 21St Street, Suite 102 Camp Hill, PA 17011 (717) 737-5833 BRITTANY SEGUIN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 GN 4950 V. : CIVIL ACTION-LAW CORY R. WALTER JURY TRIAL DEMANDED M(M c_ ; s SWIFT LEASING CO. INC. and SWIFT TRANSPORTATION CO. INC. : PRAECIPE FOR DISCONTINUANi ` Defendants PRAECIPE FOR DISCONTINUANCE TO: DAVID BUELL, PROTHONOTARY SIR: Please mark the above-captioned action settled, and forever discontinued with prejudice. DATE: l r Respectfully submitted, Sullivan, Forr, Stokan, Huff & Kormanski By: 1??. Christopher R. Jancula, Esquire Attorneys for Plaintiff, Brittany Seguin State I.D. #92880 1701 Fifth Avenue Altoona, PA 16602 814-946-4316