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HomeMy WebLinkAbout10-505708/02/2010 16:22 FAX 16108911995 PALUMBO AND ASSOCIATES PALUMBO & ASSOCIATES GREGORY M. PALUMBO, ESQUIRE Identification No. 46466 10-12 West Front Street Post Office Box 1796 Media, Pennsylvania 19063 (610) 891-0246 It 002 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Dan Studzinski 305 Crestview Drive No. ?a _ Sd s 7 C Kennett Square, PA 19348 Plaintiff Arbitration Matter VS. Branden Pearson ?i ^a a/k/a Brandon Pearson -=- = RR I Box 195A r_, 1 Williamsburg, PA 16693 and Tacie Coo k 704 Erin Drive Stockbridge, GA 30281 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 an attorney and filing in writing with the Court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so that case may proceed without you and a judgement 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 OR CANNOTAFFORD ONE, GO TOUR TELEPHONE 9a'?01 08/02/2010 16:22 FAX 16108911995 PALUMBO AND ASSOCIATES 1 009 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 PALUMBO & ASSOCIATES GREGORY M. PALUMBO, ESQUIRE Identification No. 46466 10-12 West Front Street Post Office Box 1796 Media, Pennsylvania 19063 (610) 891-0246 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Dan Studzinski 305 Crestview Drive No. /D C Kennett Square, PA 19348 Plaintiff Arbitration Matter VS. Branden Pearson a/k/a Brandon Pearson RR 1 Box 195A Williamsburg, PA 16693 and Tacie Cook 704 Erin Drive Stockbridge, GA 30281 Defendants CIVIL COMPLAINT DANIEL STUDZINKSI V. DEFENDANTS 1. Plaintiff, DANIEL STUDZINKSI is an adult individual residing at the above-stated address. 2. Defendants are adult individuals residing at the above-stated addresses. 3. On or about August 9, 2008, at or about 1:55 p.m., Plaintiff, was carefully operating his vehicle Eastbound on the PA Turnpike at or near milepost 214 in Upper Frankford Township, Cumberland County, Commonwealth of Pennsylvania. 4. At the aforesaid time and place, Defendants, were traveling Eastbound behind Plaintiff when suddenly and without warning they caused or contributed to a collision into the rear of Plaintiff's vehicle while attempting to move their vehicles into Plaintiffs lane. 5. At the aforesaid time and place, Defendants, did operate their vehicles in a negligent and/or careless manner causing same to come into a violent collision with Plaintiff s automobile, causing said Plaintiff to suffer serious and/or permanent bodily injuries, wage losses, medical bills/costs/liens and other compensatory damages as more fully described hereinafter. 6. Said collision was the direct and proximate result of the negligence and/or carelessness of the named Defendants and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. Moreover, Defendants owed to said Plaintiff a duty to operate their motor vehicles in a safe and reasonable 2 manner with adequate due care and regard for the rights and safety of Plaintiff. 7. The aforesaid negligence and carelessness of the Defendants consisted in that they: a. Did fail to have their motor vehicles under proper and adequate control at the time and failed to observe and obey traffic devices, signs and vehicles which had the legal right of way; b. Did operate their motor vehicles at a speed greater than that which was reasonable and prudent under the conditions, operating said vehicles in a hazardous manner, and having disregard for the actual and potential hazards that existed; C. Did fail to maintain a proper lookout at the time; d. Did operate said motor vehicles without due regard to the rights, safety, and position of the Plaintiff at the point aforesaid; e. Did fail to proceed along the roadway in a cautious, safe, reasonable, and prudent manner required under the circumstances; f. Did fail to apply the brakes of their vehicle or maneuver same in an appropriate manner to avoid impact with Plaintiffs vehicle; g. Did fail to avoid an accident when they had the last clear chance to do 3 so; h. Did fail to maintain adequate control of their vehicles which as a result of failing to do so, caused the subject collision; 1. Did commit negligence per se/violation of statute by violating the Pennsylvania Motor Vehicle Code sections 3303 (Overtaking Vehicle On Left); 3305 (Limitations for Overtaking Vehicle On Left); 3310 (Following Too Closely); 3361 (Driving at Safe Speed); and also by violating the common law doctrines (negligence per se) of failing to maintain a proper lookout and failing to maintain an assured clear distance ahead; and j. Did fail to comply with the above regulations of the Pennsylvania Motor Vehicle Code pertaining to the operation of motor vehicles in or about the public highways and, therefore, was negligent as a matter of law. 8. As a direct and proximate result of the aforesaid negligence and/or carelessness of the Defendants, Plaintiff, suffered serious bodily injuries including but not limited to post traumatic cervical, thoracic and lumbosacral musculo -ligamentous strain/sprain, possible bulging/herniated discs, bilateral radiculopathy, aggravation of prior spinal injuries, and various other pains and 4 discomforts, all of which injuries are or may be permanent in nature, and have in the past and may in the future cause Plaintiff tremendous pain, suffering, and mental anguish. 9. As a further result of the foregoing and the injuries sustained therein, Plaintiff has in the past and may in the future be obliged to receive and undergo medical attention and care in an effort to cure himself of his injuries and he and/or others has been forced to expend various sums of money and to incur various expenses for treatment of the injuries he has suffered and seeks reimbursement for. Also, the costs or reasonable value thereof are or may in the future be in excess of those amounts of benefits available to Plaintiff under the law and he seeks payment/ reimbursement for same. 10. As a further result of the foregoing and the injuries sustained therein, Plaintiff has and/or may suffer a severe loss of earnings, compensable vacation, sick time and overtime, obligation for earnings/ medical bills/liens/reimbursements he seeks reimbursement for, loss of impairment of earning capacity and/or power which has and/or may exceed the sum recovered under the law. 11. As a further result of the foregoing, Plaintiff has suffered physical pain, and mental distress, and has in the past and may in the future be deprived of life's 5 pleasures and ability to pursue and participate in his normal and usual avocation and recreation. As a further result of the foregoing, Plaintiff has suffered costs for repairs/damages/losses to his vehicle which will be shown and proven at the time of trial in this matter. WHEREFORE, Plaintiff demands judgment against Defendants jointly and severally and avers that the sum in controversy not in an amount in excess of Fifty Thousand ($50,000.00) Dollars (while this matter is within the arbitration system), including interest, compensatory damages for delay. PALUMBO AS IATES By: GREGORY M. PALUMBO, ESQUIRE Attorney for Plaintiff 6 VERIFICATION I, GREGORY M. PALUMBO, ESQUIRE, verify that I am counsel for Plaintiffs, and that I am authorized to make this verification on their behalf. I further state that the statements made in the foregoing Plaintiffs' Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities. (IC GREGORY M. PALUMBO, ESQUIRE Attorney for Plaintiff Dated: Q111a", ? 2 Z0l0 1j RlfD-Cr "1sVllliY?? f?F ,G A'JG 24 FM 3" 59 DNS U" FORRY ULLMAN By: James R. Forry, Esquire Attorney I.D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 Email: jrforryna,forryullman.com Attorneys for Defendant DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, : Defendants : PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant, BRANDEN PEARSON a/k/a BRANDON PEARSON, in the above case and designate 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania 17110 as the place notices and papers other than original process may be served. FORRY ULLMAN By: 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant FORRY ULLMAN By: James R. Forry, Esquire Attorney I.D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 Email: jrforry)forryullman.com Attorneys for Defendant DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12- West Front Street P.O. Box 1796 Media, PA 19063 Tacie Cook 704 Erin Drive Stockbridge, GA 30281 FORRY ULLMAN By: JA S . FORRY, ES UIRE Date: August 19, 2010 L. OF TH " D T HC (1TAV%'i) FORRY ULLMAN By: James R. Forry, Esquire Attorney I.D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 Email: j_rforry@forryullman.com ?UiJ v+v.? n? J ? I' L' f Attorneys for Defendant DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants ANSWER WITH NEW MATTER AND NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO Pa.R.C.P.1031.1 OF DEFENDANT, BRANDEN PEARSON a/k/a/ BRANDON PEARSON, TO PLAINTIFF'S COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 within twenty (20) days from the date of service hereof or a default judgment may be entered against you. ANSWER Defendant, Branden Pearson a/k/a Brandon Pearson, (hereinafter "Answering Defendant") by and through his attorneys, Forry Ullman, answers the correspondingly numbered paragraphs of Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph I of Plaintiffs Complaint, and strict proof of same is demanded at time of trial. 2. It is admitted only that Branden Pearson lives at 584 Pole Cat Hollow Road, Williamsburg, Pennsylvania 16693. 3. Denied. The averments contained in paragraph 3 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. 4. Denied. The averments contained in paragraph 4 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required. In further answer, it is admitted only that there was an impact between the vehicles. 5. Denied. The averments contained in paragraph 5 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent an answer is required, the allegations of paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. The averments contained in paragraph 6 of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. 7(a j). Denied. The averments contained in paragraph 7, subparagraphs (a) through 0), inclusive, of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent an answer is required, the allegations of paragraph 7, subparagraphs (a) through 0), inclusive, are denied pursuant to Pa.R.C.P. 1029(e). 8-11. Denied. The averments contained in paragraphs 8 through 11, inclusive, of Plaintiffs' Complaint constitute conclusions of law to which no responsive pleading is required. To the extent an answer is required, the allegations of paragraphs 8 through 11, inclusive, are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant avers that he is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against him be dismissed and that he may be awarded costs of defense, including attorney's fees, and that he may have such other and further relief as may be just and appropriate. NEW MATTER 12. Defendant's answers to the correspondingly numbered paragraphs of Plaintiffs Complaint as set forth in Paragraphs 1 through 11 herein, above, are incorporated by reference thereto as if the same were set forth herein at length. 13. Plaintiff has failed to set forth a cause of action upon which relief can be granted. 14. Plaintiffs claims may be barred and/or limited by a release and/or other agreement that Plaintiff has executed and/or may execute in the future and/or by the doctrines of Release and/or Accord and Satisfaction. 15. Plaintiff may be solely liable for causing his own accident. 16. Plaintiffs claims may be barred and/or substantially reduced by the application of the Pennsylvania Comparative Negligence Act, 42 P.S. §7102, et seq. and/or by the common law doctrine of comparative negligence. 17. Plaintiffs claims may be barred by assumption of the risk. 18. Plaintiffs claims may be barred and/or reduced by his failure to mitigate his damages. 19. Plaintiffs claims may be barred in whole, or in part, by the doctrine of estoppel and/or waiver or res judicata. 20. The Plaintiffs accident may have been caused in whole or in part by parties over whom Defendant had no right or duty to control. 21. Defendant avers that Pa.R.C.P. 238 as amended or adopted by the Pennsylvania Supreme Court on its face and/or as applied violates the Pennsylvania Constitution, the U.S. Constitution, and/or the U.S. Civil Rights Act, as it imposes a chilling effect on Defendant's exercise of his constitutional rights. 22. If there is a judicial determination that Rule 238 on its face and/or as applied is constitutional to the within action, then liability imposed by said rule shall exclude the period of time Plaintiff failed to convey a reasonable settlement demand, delayed in responding to discovery requests, violated any discovery rule or court order or otherwise caused delay of trial. 23. The negligence of Plaintiff may have constituted an intervening/superseding cause of Plaintiffs losses and/or damages and as such a claim against Defendant is, or may be, barred by evidence of such intervening/superceding actions of Plaintiff or other individuals and/or entities over which Defendant had no right or duty to control. 24. The damages alleged by Plaintiff may not have been proximately/factually caused by Defendant. 25. Defendant acted at all times relevant hereto with due care and/or complied with all applicable laws, both state and federal. 26. Defendant may not have owed a duty of reasonable care toward Plaintiff under the circumstances. 27. Plaintiffs claims against Defendant may be barred and/or limited by the doctrine of sudden emergency. 28. Plaintiff may lack standing to assert any cause of action against Defendant. 29. Plaintiffs claims may be barred and/or limited by the Motor Vehicle Financial Responsibility Law, and/or any applicable municipal, state and/or federal statute and/or regulation and/or the court's common law interpretation of the same. 30. No act or omission by Defendant was the cause of the damages alleged in Plaintiff s Complaint. 31. Plaintiffs action may be barred and/or limited by the immunity or other provisions of the Pennsylvania Workers' Compensation Statute. 32. Plaintiffs claims may be barred by the Pennsylvania statute of limitations or statute of repose. 33. Inasmuch as Pa.R.C.P. 1032 provides that a party waives all defenses not presented by way of answer, Defendant, upon advice of counsel, hereby asserts all affirmative defenses not otherwise enumerated herein. As set forth in Pa.R.C.P. 1030, such affirmative defenses include, among other defenses, estoppel, immunity from suit, release, statute of limitation, et al. mentioned therein. The affirmative defenses are subject to demonstration during the discovery process and proof at the time of trial. 34. Plaintiffs ability to recover certain medical expenses and/or bills may be reduced by the total amount of any and all medical expenses charged, but not actually paid by on behalf of Plaintiff. Any amount of medical expenses claimed by Plaintiff may be reduced by any expenses written off or deducted by any health care provider. 35. This action may be barred or otherwise limited by the Motor Vehicle Financial Responsibility Law, Title 75 Pa.C.S. Section 1701 et seq., either as originally promulgated or as amended by Act No. 1990-6. Defendant pleads this law and the amendments thereto as a complete or, in the alternative, partial defense to Plaintiff s civil action. 36. Some and/or all of the damages alleged and claimed by Plaintiff are not recoverable under applicable law. 37. Pursuant to the Motor Vehicle Financial Responsibility Law, Plaintiff is precluded from pleading, introducing into evidence, providing or recovering the amount of benefits paid or payable under the Motor Vehicle Financial Responsibility Law up to and including the limit or required benefits under said Act. Defendant hereby asserts all the defenses, limitations and immunities available to her under the Motor Vehicle Financial Responsibility Law. 38. All or some of Plaintiffs alleged injuries and/or conditions were and/or were caused by pre-existing conditions and/or prior accidents or events not related hereto. 39. All or some of Plaintiffs medical treatments, including but not limited to, any and all surgeries may not have been reasonable and/or necessary and, therefore, Plaintiff may be barred and/or limited from recovering the cost of the same. WHEREFORE, Defendant avers that he is not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against him be dismissed and that he may be awarded costs of defense, including attorney's fees, and that he may have such other and further relief as may be just and appropriate. NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO Pa. R.C.P. 1031.1 AGAINST DEFENDANT. TACIE COOK Answering Defendant asserts this New Matter pursuant to Pa.R.C.P. 1031.1 and hereby asserts the following causes of action against the above-named co-Defendant on the following basis: 40. The accident described in Plaintiffs Complaint and Plaintiffs alleged injuries and damages were caused solely by the negligence of Defendant, Tacie Cook, as more fully set forth in Plaintiffs Complaint, which incorporated herein by reference. Any negligence of answering Defendant is specifically denied and was not the result of any act or failure to act on the part of Defendant, Branden Pearson a/k/a Brandon Pearson. 41. If the averments contained in Plaintiffs Complaint are established, said averments being specifically denied as they relate to answering Defendant, Branden Pearson a/k/a Brandon Pearson, then the injuries and damages complained of by Plaintiff were caused solely or in part by the co-Defendant, Tacie Cook. 42. If it should be found that answering Defendant, Branden Pearson a/k/a Brandon Pearson, is in anyway liable to Plaintiff then co-Defendant, Tacie Cook, is jointly, severally and/or comparatively liable with answering Defendant, Branden Pearson a/k/a Brandon Pearson, or liable over to Branden Pearson a/k/a Brandon Pearson for contribution and/or indemnity. WHEREFORE, answering Defendant, Branden Pearson a/k/a Brandon Pearson, respectfully requests judgment be entered in his favor and against all other parties. FORRY ULLMAN By: J,?. FORRY, ESQME A .D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant, Branden Pearson a/k/a Brandon Pearson VERIFICATION 1, BRANDEN PEARSON, do hereby verify that the foregoing Answer with New Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 103 subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Answer with New Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 and the defense of this case; that the language of the Answer with New Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 is that of counsel; that subject to the limitations set forth herein, the averments of the Answer with New Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 are true and correct to the best of my knowledge, information and belief. I understand that false statements made in the foregoing document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: BRANDENPEARSON FORRY ULLMAN By: James R. Forry, Esquire Attorney I.D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Telephone: (717) 441-9257 Fax: (717) 441-0814 Email: jrfogj(2foMllman.com Attorneys for Defendant DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Answer with New Matter and New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 1031.1 to Plaintiffs Complaint was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12- West Front Street P.O. Box 1796 Media, PA 19063 Tacie Cook 1404 Tether Lane McDonough, GA 30253-9210 By: J Date: September 27, 2010 FORRY ULLMAN pe4 t 3 Joseph R. D'Annunzio, Esquire Attorney I.D. No. 23384 LAW OFFICE OF JOSEPH R. D'ANNUNZIO 4309 Linglestow n Road, Suite 211 Harrisburg, PA 17112 717-901-5002 717-901-5012 (Fax) JDannunzio(a)geico.com f e Attorney for Defendant Tacie Skeete (Cook) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAN STUDZINSKI, NO. 10-5057 Civil Plaintiff V. CIVIL ACTION - LAW BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and T'ACIE COOK, Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTAR)(: Kindly enter my appearance on behalf of Defendant, Tacie Skeete incorrectly named Tacie Cook, in the above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: J" )z/- BY: X -1 . r Joseph R. D'Annunzio, Esquire Attorney for Defendant Tacie Skeete incorrectly designated as Tacie Cook y CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements 'of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Gregory M. Palumbo, EsgUire Palumbo & Associates 10-12 West Front Street P0Box1796. Media, PA 19063 Dater= - - James R. Forty, Esquire Forty Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 oxanne Weller Joseph R. D'Annunzio, Esquire Attorney I.D. No. 23384 LAW OFFICE OF JOSEPH R. D'ANNUNZIO 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 717-901-5012 (Fax) JDannunzio(@geico.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAN STUDZINSKI, NO. 10-5057 Civil Plaintiff v BRANDEN PEARSON a/k/a BRANDON PEARSON and 'TACIE COOK, Defendant CIVIL ACTION - LAW ARBITRATION ACCEPTANCE OF SERVICE TO THE PROTHONOTARY OF THE SAID COURT: I accept service of the Complaint-,on behalf of Tacie Skeete, incorrectly named as Tacie Cook, and certify that I am authorized to do so. , w r l` 1 v/ to Date: Al- j.o' Joseph R. D'Annun io, Esquire Attorney for Defendant, Tacie Skeete incorrectly designated as Tacie Cook CERTIFICATE OF SERVICE hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Gregory M. Palumbo, Esquire Palumbo & Associates 10-12 West Front Street P O Box 1796 Media, PA 19063 James R. Forry, Esquire Forry Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Gate: 11- 57- 1 C) Roxanne Weller (V n?JJ T RLED-CF IrT OF E 2 07C 2 7 AIM 11: F James R. Forry, Esquire t$1Er?t,. FORRY ULLMAN ' ND M-IN T Y j I n r .-; ry 540 Court Street ': ' l S YL" PO Box 542 Reading, PA 19601 (610) 777-5700 Attomey for Defendant Branden Pearson a/k/a Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants DEFENDANT, BRANDF.N PE ARSON'S, MOTION TO C OMPET PLAINTIFF, DAN STUDZ,INSKI'S COM PLIANCE PURSUANT TO PENNSYLVANIA R_C -P_ 4019 Pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant, Branden Pearson, respectfully moves this Court for an Order directing Plaintiff to provide full and complete answers to Defendant Pearson's Interrogatories, Expert Interrogatories and Request for Production of Documents as grounds therefore stated as follows: 1. No Judge has ruled upon any other issue in the same or related matter. 2. On or September 2, 2010, Defendant Pearson served on counsel for Plaintiff Interrogatories, Expert Interrogatories and Request for Production of Documents, including a transmittal letter. A copy of the transmittal letter is attached hereto as Exhibit "A". 3. Plaintiff failed to respond to the said discovery requests in accordance with the Pennsylvania Rules of Civil Procedure. 4. Defendant Pearson's counsel wrote to Plaintiff's counsel on October 7, 2010 indicating that Plaintiff's discovery answers were overdue and requested that Plaintiff complete and forward discovery responses upon receipt of the letter. A copy of the October 7, 2010 letter is attached hereto as Exhibit B. 5. Plaintiff failed to respond to the said discovery requests in accordance with the Pennsylvania Rules of Civil Procedure. 6. Defendant Pearson's counsel wrote to Plaintiff's counsel on October 25, 2010 indicating that Plaintiff's discovery answers were overdue and requested that Plaintiff complete and forward discovery responses by October 29, 2010 or Defendant Pearson would have no choice but to file a Motion to Compel. A copy of the October 25, 2010 letter is attached hereto as Exhibit C. 7. Plaintiff's counsel answered Defendant Pearson's counsel's October 25, 2010 letter by facsimile on October 25, 2010 indicating that he received the discovery responses from his clinet and will send it out by the end of the week. Defendant Pearson's counsel never received Plaintiff's answers to his discovery requests. A copy of Plaintiff's counsel's October 25, 2010 facsimile is attached as Exhibit D. 8. Defendant Pearson's counsel wrote to Plaintiff's counsel on November 3, 2010 indicating that Plaintiff's discovery answers were overdue and requested that Plaintiff complete and forward discovery responses by November 13, 2010 or Defendant Pearson would have no choice but to file a Motion to Compel. A copy of the November 3, 2010 letter is attached hereto as Exhibit E. 9. Plaintiff failed to respond to the said discovery requests in accordance with the Pennsylvania Rules of Civil Procedure. 10. The information sought through Defendant Pearson's discovery requests are both relevant and material to Defendant's preparation of a full and proper defense of this matter, and Defendant Pearson will be prejudiced if full and complete answers to those discovery requests are not provided. WHEREFORE, Defendant Pearson prays this Honorable Court, enter an Order requiring Plaintiff, Dan Studinski, to provide full and complete answers to Defendant Pearson's Interrogatories, Expert Interrogatories and Request for Production of Documents. Date: 1? at l to BY: Respectfully submitted, y ?flr 540 Court Street P.O. Box 542 1 Reading PA 19603 PH 610.777.5700 rx 610.777-2499 1`orry Ullman Attorneys at Law September 2, 2010 Gre;;;oiy M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O Box 1796 Media, PA 19063 Re: Dan Studzinski v. Pearson and Cook No. 10-5057 Civil; Cumberland County C.C.P. Our File No. 2022770 Dear Mr. Palumbo: JAMES R. FORR.Y DIRECT DIAL: 610-568-1404 E-MAIL: jrfony@fo-ryullman.com Enclosed for service please find Defendant Pearson's Interrogatories, Expert Interrogatories and Request for Production of Documents addressed to Plaintiff. Please respond in the manner and within the time provided by the Rules of Civil Procedure. Very truly yours, S R. FORRY Attorneys for Defen t Pearson JR7?/mbw enclosures cc: Tacie Cook Philadelphia a King of Prussia ° Reading Bethlehem r Scranton - Harrisburg ? air ?? 2000 Unglestown Road I Suite 301 Harrisburg PA17110 PH 717.441.9257 1 Fx 717.441.0814 ForrylUllman Attorneys at Law October 7, 2010 Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O. Box 1796 Media, PA 19063 Re: Dan Studzinski v. Pearson and Cook No. 10-5057 Civil; Cumberland County C.C.P. Our File No. 2022770 Dear Mr. Palumbo: JAMES R. FORRY, ESQUIRE VOICE MAIL EXTENSION: 102 E-MAIL: jrforry@forryullman.com On September 2, 2010, we served Defendant's Interrogatories, Expert Interrogatories and Request for Production of Documents addressed to Plaintiff with regard to the above-captioned matter. To date, we have not received responses to our discovery requests. Upon receipt of this letter, please complete and forward mentioned discovery responses to my attention. I appreciate your attention to this matter. ery T JAMES R. FORRY JRF/mbw Philadelphia • King of Prussia • Reading . Bethlehem • Scranton • Harrisburg www.forryuliman.com 40?;i,r elo, '40, X; 2000 Linglestown Road j Suite 301 Harrisburg PA 17110 PH 717.441.9257 rx 717.441.0814 ForryUllman Attorneys of Law October 25, 2010 Facsimile Only(610) 891-1995 Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O. Box 1796 Media, PA 19063 Re: Dan Studzinski v. Pearson and Cook No. 10-5057 Civil; Cumberland County C.C.P. Our File No. 2022770 Dear Mr. Palumbo: JAMES R. FORRY, ESQUIRE VOICE MAIL EXTENSION: 102 E-MAIL: jrforry@forryullman.com On September 2, 2010, we served Defendant's Interrogatories, Expert Interrogatories and Request for Production of Documents addressed to Plaintiff with regard to the above-captioned matter. To date, we have not received responses to our discovery requests. Unless we receive Plaintiff's answers to our discovery requests by October 29, 2010 we will have no choice but to file a Motion to Compel. Please contact me if you wish to discuss this matter. Very Truly Yours, FORRY JRF/mbw Philadelphia King of Prussia F Reading « Bethlehem y Scranton • Harrisburg w W rt.forr,,u!1M ?X??r 10/25/2010 16:40 FA]( 16108911995 PALUMBO AND ASSOCIATES 4,001 Fax Only 1 717 441 0814 October 25, 2010 Mr. James Forry, Esquire Forry/U11man 2000 Linglestown Rd Ste 310 Harrisburg, PA 17112 Palumbo & Associates 10 West Front Street, Post Office Box 1796 Media, PA. 19063 g 610 8910246 f.610.891.1995 web - www.pahembolawo&e.com email - polumbolawof f iceQu aol.com RE: Stuszinski v. Pearson, et at Dear Jim: I am in receipt of your letter of today's date. I have received discovery responses back from my client and same will be sent to you by this week's end. In reviewing Plaintiffs complaint and only after Plaintiff's review of the complaint regarding his verification (yet to be substituted with the Court) it appears as though a misstatement at paragraph 4, line 3 exists. The complaint should read that the Defendants were traveling to the right (Pearson) and to the rear (Cook) of Plaintiff, when they suddenly and without warning caused or contributed to a collision into the rear and side of Plaintiffs. I wish to amend the complaint accordingly. Kindly advise if you will permit the amendment by stipulation or whether I will need to Motion for Leave to Amend with the Court accordingly. By copy of this letter I am asking Joe D'A.nnunzio the same courtesy. I will await to hear from you each. e ly ours, GREGO Y M. PALUMBO GMPIsr cc: Joseph R. D'Annunzio, Esq. (Fax Only 1 717 901 5012) Affiliations: Philadelphia & Delaware County Bar' Associations, PA & NJ Bar Associations, ABA. ATLAy PaTLA, PTLA, DCTLA, LawPac . Offices in Wayne, PA and Conshohocken. PA r ?X 2000 Linglestown Road I Suite 3011 Harrisburg PA 17110 PH 717.441.9257 1 Fx 717.441.0814 Forry Ullman :Attorneys at Law November 3, 2010 Facsimile Only(610) 891-1995 Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O. Box 1796 Media, PA 19063 Re: Dan Studzinski v. Pearson and Cook No. 10-5057 Civil; Cumberland County C.C.P. Our File No. 2022770 Dear Mr. Palumbo: JAMES R. FORRY, ESQUIRE VOICE MAIL EXTENSION: 102 E-MAIL: jrforry@forryullman.com On September 2, 2010, we served Defendant's Interrogatories, Expert Interrogatories and Request for Production of Documents addressed to Plaintiff with regard to the above-captioned matter. You indicated after our October 25, 2010 letter that Plaintiff's answers to discovery would be served by October 29, 2010. We have yet to receive Plaintiff's response. Unless we receive Plaintiff's answers to our discovery requests by November 13, 2010 we will have no choice but to file a Motion to Compel. Please contact me if you wish to discuss this matter. Very Truly Yours AME R. KORRY JRF/mbw cc: Joseph D'Annunzio, Esquire Philadelphia • King of Prussia • Reading • Bethlehem • Scranton • Harrisburg www.forryultman.com '_T THPILEO-OFFIC;: 2010 DEC 27 Ali!! 11: 53 James R. Forry, Esquire UMBERLAND CUNF TIV FORRY ULLMAN PENNSYLVANIA 540 Court Street PO Box 542 Reading, PA 19601 (610) 777-5700 Attorney for Defendant Br nd n P argon /k/a Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, : Defendants Pursuant to Cumberland County Rule 208.3(a)(6), I hereby certify that the following are the parties to be served with the Order and accompanying Motion to Compel Compliance: Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O. Box 1796 Media, PA 19063 Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 James R. Forry, Esquire Forry Ullman , 4 540 Court Street PO Box 542 Reading, PA 19601 BY: Date: ?? Y vQ LED-OFFICE EF v James R. Forry, Esquire 2010DEC27 AMIl: FORRY ULLMAN CUMBERLAND COUNTY 540 Court Street PENNSYLVANIA PO Box 542 Reading, PA 19601 (610) 777-5700 Attomev for Defendant Rr nden Pearson a/k/a Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants I, James R. Forry, Esquire, of FORRY ULLMAN, hereby certify that a copy of the foregoing Defendant Pearson's Motion to Compel Compliance and Brief in Support of Defendant Pearson's Motion to Compel Compliance, was mailed to counsel by first-class United States mail, postage prepaid, addressed as follows: Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O. Box 1796 Media, PA 19063 Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. BY: JAMES R. FORRY, E; o for Defendant Date: F11-E0-0FFIC r?. ^ H 1 -3 Pill r rp James R. Forry, Esquire FORRY ULLMAN I /A ?. F' . 540 Court Street PO Box 542 Reading, PA 19601 (610) 777-5700 Attorney for Defendant Branden Pearson a/k/a Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants DEFENDANT, BRANDEN PEARSON'S, MOTION TO COMPEL DEFENDANT TACIE COOK'S COMPLIANCE PURSUANT TO PENNSYLVANIA R.C.P. 4019 Pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant, Branden Pearson, respectfully moves this Court for an Order directing Defendant Cook to provide full and complete answers to Defendant Pearson's Interrogatories, Expert Interrogatories and Request for Production of Documents as grounds therefore stated as follows: 1. No Judge has ruled upon any other issue in the same or related matter as of the date of this Motion. However, a Motion to Compel Plaintiff to answer Defendant Pearson's discovery requests was filed with the Prothonotary on or about December 23, 2010 2. On or September 3, 2010, Defendant Pearson served on Defendant Cook Interrogatories, Expert Interrogatories and Request for Production of Documents, including a transmittal letter. A copy of the transmittal letter is attached hereto as Exhibit "A". 3. Defendant Cook failed to respond to the said discovery requests in accordance with I the Pennsylvania Rules of Civil Procedure. 4. Defendant Pearson's counsel wrote to Defendant Cook's counsel on November 3, 2010 indicating that Defendant Cook's discovery answers were overdue and requested that Defendant Cook complete and forward discovery responses by December 3, 2010 or we would have no choice but to file a Motion to Compel. A copy of the December 3, 2010 letter is attached hereto as Exhibit B. 5. Defendant Cook's counsel contacted this office on or about December 8, 2010 stating that he would send Defendant Cook's answers to our discovery prior to the upcoming Christmas holidays. A copy of a confirmation letter sent to Defendant Cook's counsel dated December 8, 2010 is attached as Exhibit C. 6. Defendant Cook failed to respond to the said discovery requests within the time frame agreed to by counsel. 7. The information sought through Defendant Pearson's discovery requests are both relevant and material to Defendant's preparation of a full and proper defense of this matter, and Defendant Pearson will be prejudiced if full and complete answers to those discovery requests are not provided. WHEREFORE, Defendant Pearson prays this Honorable Court, enter an Order requiring Defendant Tacie Cook to provide full and complete answers to Defendant Pearson's Interrogatories, Expert Interrogatories and Request for Production of Documents. Date: ( ?1(3(to BY: Respectfully submitted, I i Aman attorneys at Law September 3, 2010 Cook Tether Lane ;a l:)ugh, GA 30253-9210 ae: Studzinski v. Pearson & Cook No. 10-5057 Civil; Cumberland County CCP Our File 92022770 540 Court Street I P.O. Box 542 I Reading PA 19603 PH 610.777.5700 I rx 610.777-2499 JAMES R. FORRY DIRECT DIAL: 610-568-1404 E-MAIL: jrforry@forryullman.com ] :,ii C' irie Cook: Enclosed please find Defendant Pearson's Interrogatories and Request for Production of -r ents addressed to you. Please respond in the manner and within the time provided by the l n, y, liana Rules of Civil Procedure, which is 30 days from the date of this letter. If you so (, :):: e, you should immediately contact your auto insurance agent or an attorney to assist you tll hi i _, matter. Should you have any questions or comments, please do not hesitate to contact me. V ry truly yours, JAM S R. FORRY J ; F, r fbw C. f : ref,; ;ory M. Palumbo, Esquire Philadelphia , King of Prussia Reading , Bethlehem ° Scranton - Harrisburg ???;??T 2000 Linglestown Road ! Suite 301 Harrisburg PA 17110 PH 717.441.9257 rx 717.441.0814 (_)rnT "Ullman Attorneys at Law November 3, 2010 Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Li_nglestown Road, Ste. 211 Harrisburg, PA 17112 Re: Dan Studzinski v. Pearson and Cook No. 10-5057 Civil; Cumberland County C.C.P. Our File No. 2022770 Dear Mr. D'Annunzio: JAMES R. FORRY, ESQUIRE VOICE MAIL EXTENSION: 102 E-MAIL: jrforry@forryullman.com As per your October 29, 2010 letter, I agree to grant you a reasonable extension of time for filing responsive pleadings in this matter. However, on September 3, 2010, we served Defendant Pearson's Interrogatories, Expert Interrogatories and Request for Production of Documents on Defendant Cook (Skeete) with regard to the above-captioned matter. To date we have not received your client's answers to our discovery requests. Please provide Ms. Skeete's discovery answers by December 3, 2010 or we will have no choice but to file a Motion to Compel. Thank you for your attention to this matter. Please contact me if you have any questions or concerns. JRF/mbw Cc: Gregory Palumbo, Esquire Philadelphia • King of Prussia • Reading • Bethlehem • Scranton • Harrisburg www.forryuliman.com /? ?Bi'r ?L ,? 540 Court Street ; P.O. Box 542 Reading PA 19603 PH 610.777.5700 ; rz 610.777-2499 FAttornevs at Law December 8, 2010 Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 Re: Dan Studzinski v. Pearson and Cook No. 10-5057 Civil; Cumberland County C.C.P. Our File No. 2022770 Dear Mr. D'Annunzio: JAMES R. FORRY, ESQUIRE VOICE MAIL EXTENSION: 102 E-MAIL: jrforry@,forryullman.com I am writing to confirm our recent telephone conversation wherein you indicated that you will provide your client's answers to our discovery prior to the upcoming Christmas holidays. Thank you for your attention to this matter. Please contact me if you have any questions or concerns. Very Truly J ES R. FORRY JRF/mbw Cc: Gregory Palumbo, Esquire Philadelphia King of Prussia Reading Bethlehem Scranton Harrisburg FORRY ULLMAN James R. Forry, Esquire FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19601 (610) 777-5700 Attorney for Defendant Branden Pearson a/k/a Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW V. No. 10-5057 Civil. BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants DEFENDANT PEARSON'S BRIEF IN SUPPORT OF HIS MOTION TO COMPEL COMPLIANCE 1. STATEMENT OF THE CASE The Plaintiff has commenced this action seeking damages for alleged personal injuries as a result of motor vehicle accident that occurred on August 9, 2008. The Defendant, Branden Pearson, was traveling in the left lane of the PA Turnpike at mile-post 214, Frankford Township, Cumberland County Eastbound through a construction site. While making a lane change Defendant Pearson allegedly struck Plaintiff's vehicle. Defendant Tacie Cook struck Plaintiff's vehicle in the rear due to Plaintiff's sudden stop to avoid Defendant's Pearson's vehicle. Defendant Pearson hereby incorporates by reference the allegations in their Motion to Compel as though more fully set forth at length herein. II. QUESTIONS PRESENTED IS DEFENDANT PEARSON ENTITLED TO AN ORDER COMPELLING COMPLETE ANSWERS TO DEFENDANT'S INTERROGATORIES, EXPERT INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS IN ACCORDANCE WITH PA. R. C. P. 4003.5(a)(1)(a)(b)? Suggested answer: Yes. III. ARGUMENT Pennsylvania Rule of Civil Procedure 4019 governs the imposition of sanctions for failure to provide discovery. The purpose of Rule 4019 is to insure compliance with proper Orders of the Court, and adequate and prompt discovery of matters allowed by the Rules of Civil Procedure. Dunn v. Maislin Transport Ltd., 456 A.2d 632 (1983). It is within the discretion of the trial court as to what specific sanctions should be imposed. Pompa v. Hojnacki, 281 A.2d 886 (1971). In formulating an appropriate Sanction Order the court is "required to strike a balance between the procedural need to move the case to prompt disposition and the substantive rights of the parties." Marshall v. Southeastern Pa. Transport Authority, 463 A.2d 1215, 1216 (Pa. Cmwlth. 1983), citing Gonzales v. Procaccio Brothers Trucking Company, 407 A.2d 1338 (Pa. Super. 1979). Defendant Cook has failed to provide any response to Defendant Pearson's Interrogatories, Expert Interrogatories and Request for Production of Documents. The information requested is both relevant and necessary to put forth a defense, therefore, the appropriate sanction at this time is for an Order compelling Defendant to provide responses to said discovery. IV. CONCLUSION Defendant Pearson respectfully requests this Honorable Court enter an Order compelling Defendant Cook to provide full and complete answers to Defendant's Interrogatories, Expert Interrogatories and Request for Production of Documents within thirty (30) days of the date of the Order in accordance with Pa. R. C. P. 4003.5(a)(1)(a)(b). FORRY ULLMAN BY: Date: i??e? vo t James R. Forry, Esquire FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19601 (610) 777-5700 Attorney for Defendant Branden Pearson a/k/a Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW V. No. 10-5057 Civil. BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants CERTIFICATE OF SERVICE I, James R. Forry, Esquire, of FORRY ULLMAN, hereby certify that a copy of the foregoing Defendant Pearson's Motion to Compel Compliance and Brief in Support of Defendant Pearson's Motion to Compel Compliance, was mailed to counsel by first-class United States mail, postage prepaid, addressed as follows: Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O. Box 1796 Media, PA 19063 Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. BY: 'C-2 z JAM R. FO Y, ESQUIRE Attorney for efendant Date: ? ?+? ?? DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS OF CD PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAPO\ N V. o • 4 ? , --A 0 BRANDEN PEARSON, =- :r--n a/k/a BRANDON PEARSON, and TACIE COOK, DEFENDANT NO. 10-5057 CIVIL ORDER OF COURT AND NOW, this 5th day of January, 2011, upon consideration of Defendant Branden Pearson's Motion to Compel Compliance, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to the relief requested; 2. The Plaintiff will file an answer to this petition on or before January 26, 2011; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Any depositions needed for this matter shall be completed by February 28, 2011; 5. A hearing/argument on the matter will be held on Wednesday, March 23, 2011, at 9:00 a. m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, "Y1 M. L. Ebert, Jr., J. / Gregory Palumbo, Esquire 10-12 West Front Street P. O. Box 1796 Media, PA 19063 Attorney for Plaintiff James R. Forry, Esquire 540 Court Street P. O. Box 542 Reading, PA 19601 Attorney for Defendant /Joseph D'Annunzio, Esquire 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Defendant Cook ID bas 0 , Joseph R. D'Annunzio, Esquire Attorney I.D. No. 23384 LAW OFFICE OF JOSEPH R. D'AN N U NZIO 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 717-901-5012 (Fax) JDannunzioO,Qeico.com DAN STUDZINSKI, V. FILED-OFFICE OF THE PROTHONOTARY CUMBEF,' RTY YLVi r;A PEA<::: ; r;,.Attorney for Defendant Tacie Skeete IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff BRANDEN PEARSON a/k/a BRANDON PEARSON and TACIE COOK, Defendant NO. 10-5057 Civil CIVIL ACTION - LAW ARBITRATION REPLY TO NEW MATTER OF DEFENDANT BRANDON PEARSON AND NOW, comes the Defendant, Tacie Skeete incorrectly named as Tacie Cook, and replies to the New Matter of Defendant, Brandon Pearson, as follows: 12-39. The averments set forth in these paragraphs are addressed to a party other than the answering Defendant. Accordingly, no responsive pleading is required. WHEREFORE, Defendant, Tacie Skeete incorrectly named as Tacie Cook, demands that judgment be entered in her favor. REPLY TO NEW MATTER IN THE NATURE OF A CROSS-CLAIM 40. Denied. To the contrary, the Defendant, Tacie Skeete incorrectly named as Tacie Cook exercised all due and reasonable care in the operation of her motor vehicle and so was not negligent. Further, it is denied that the conduct of the answering Defendant caused or contributed in any way to the injuries and damages that are alleged by the Plaintiff. To the contrary, the sole and proximate cause of the injuries and damages sustained by the Plaintiff was the negligence of Defendant Brandon Pearson as is set forth in the Complaint. 41. Denied. To the contrary, the answering Defendant was neither negligent, careless nor reckless, and her conduct in no way caused or contributed to the injuries that are claimed by the Plaintiff. 42. Denied that the Defendant Brandon Pearson has a right of contribution and/or indemnity. Since the answering Defendant was not negligent, careless or reckless and she exercised all due and reasonable care in the operation of her motor vehicle there is no right to indemnification or contribution. WHEREFORE, Defendant, Tacie Skeete incorrectly named as Tacie Cook, demands that judgment be entered in her favor. Respectfully submitted, Dater-. LAW OFFICE OF JOSEPH R. D'ANNUNZIO By: Joseph R. D'Annunzio, Esquire Attorney for Defendant, Tacie Skeete incorrectly designated as Tacie Cook c, VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 PA C.S. SECTION 4904 relating to unsworn falsification to authorities. Date: ? L° /l BY:? Joseph R. D'Annunzio, Esquire s , CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Gregory M. Palumbo, Esquire Palumbo & Associates 10-12 West Front Street P O Box 1796 Media, PA 19063 James R. Forry, Esquire Forry Ullman 540 Court Street P O Box 542 Reading, PA 19603 Date: I - t - /I Roxa a Weller Joseph R. D'Annunzio, Esquire Attorney I.D. No. 23384 LAW OFFICE OF JOSEPH R. D'ANNUNZIO 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 717-901-5012 (Fax) JDannunzioO-geico.com DAN STUDZINSKI, V. FILED-OFFICE OF THE PROTHONOTARY 2011 J''`, i i"? . L 47 CUM8r x1111_ -:L C 0U TY Attorney for Defendant Tacie Skeete IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff BRANDEN PEARSON a/k/a BRANDON PEARSON and TACIE COOK, Defendant CIVIL ACTION - LAW ARBITRATION NOTICE TO PLEAD TO: Plaintiff, Dan Studzinski c/o Gregory M. Palumbo, Esquire Palumbo & Associates 10-12 West Front Street P O Box 1796 Media, PA 19063 Attorney for Plaintiff Defendant Brandon Pearson c/o James Forry, Esquire Forry Ullman 540 Court Street P O Box 542 Reading, PA 19603 Attorney for Defendant Brendon Pearson NO. 10-5057 Civil r , You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. LAW OFFICE OF JOSEPH R. D'ANNUNZIO i Date: ?<??,?? Zp?/ By: 1,44 A'0" oseph R. D'Annunzio, Esquire Attorney for Defendant, Tacie Skeete incorrectly designated as Tacie Cook Joseph R. D'Annunzio, Esquire Attorney I.D. No. 23384 LAW OFFICE OF JOSEPH R. D'ANNUNZIO 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 717-901-5012(Fax) JDannunziotfteico.com Attorney for Defendant Tacie Skeete IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAN STUDZINSKI, NO. 10-5057 Civil Plaintiff V. CIVIL ACTION - LAW BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendant ANSWER AND NEW MATTER AND NEW MATTER CROSS-CLAIM OF DEFENDANT TACIE SKEETE, INCORRECTLY DESIGNATED AS TACIE COOK, TO PLAINTIFF'S COMPLAINT 1. Admitted only upon information and belief. 2. Admitted only that the Defendant who is answering this Complaint is Tacie Skeete, incorrectly identified as Tacie Cook. The remaining averments are addressed to a party other than the answering Defendant and no responsive pleading is required. 3. Admitted only that a motor vehicle accident occurred on August 9, 2008, at about 1:55 p.m. on the Pennsylvania Turnpike at or near mile post 214 traveling eastbound in Upper Frankford Township, Cumberland County, Pennsylvania. The remaining averments are denied as conclusions of law. 4. Denied as stated. To the contrary, the answering Defendant was traveling eastbound behind the Plaintiff. Suddenly and without warning the vehicle being operated by Defendant Brandon Pearson moved from the right travel lane into the left travel lane when it was unsafe and improper for him to do so. As a result of this action the vehicle of Mr. Pearson collided with the vehicle operated by the Plaintiff, causing the motor vehicle accident. It is denied that the answering Defendant attempted to move her vehicle into the Plaintiffs lane, as the answering Defendant was already traveling in the same lane of travel as the Plaintiff. 5. Denied as conclusions of law to which no responsive pleading is required. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. It is denied that the Defendant Tacie Skeete operated her motor vehicle in a negligent or careless manner. To the contrary, the answering Defendant operated her motor vehicle while exercising all due and reasonable care. 6. Denied as conclusions of law to which no responsive pleading is required. By way of further answer, it is averred that the answering Defendant Tacie Skeete operated her motor vehicle exercising all due and reasonable care. 7. Denied generally as conclusions of law to which no responsive pleading is required and specifically as follows: a. It is denied that the answering Defendant failed to have her motor vehicle under proper and adequate control and that she failed to observe and obey traffic devices, signs and vehicles which had the legal right-of-way. To the contrary, the answering Defendant exercised all due and reasonable care in the operation of her motor vehicle and had due regard for all applicable traffic devices and controls. b. It is denied that the answering Defendant operated her motor vehicle at a speed greater than that which was reasonable and prudent under the conditions, that she operated her motor vehicle in a hazardous manner, and that she had disregard for the actual and potential hazards that existed. To the contrary, the answering Defendant operated her motor vehicle at a rate of speed that was reasonable and prudent under the circumstances and with due regard for all other vehicles traveling then and there on the highway. C. It is denied that the answering Defendant failed to maintain a proper lookout. To the contrary, the Defendant maintained a proper lookout for all other vehicles on the highway. d. It is denied that the answering Defendant operated her motor vehicle without due regard for the rights, safety and position of the Plaintiff at the point aforesaid. To the contrary, the answering Defendant operated her motor vehicle with all due regard for the Plaintiff and with reasonable and appropriate care. e. It is denied that the answering Defendant failed to proceed along the roadway in a cautious, safe, reasonable and prudent manner required under the circumstances. To the contrary, the Defendant operated her motor vehicle while exercising all due and reasonable care. f. It is denied that the answering Defendant failed to apply her brakes or to maneuver in an appropriate manner to avoid impacting with the Plaintiff's vehicle. To the contrary, the answering Defendant applied her brakes but due to the negligent conduct of other vehicles involved in this collision was unable to avoid a collision with the Plaintiffs vehicle. However, the minor impact that was caused to the Plaintiffs vehicle was well below that which was sustained by the Plaintiffs vehicle in this accident and had no affect on any injuries or damages allegedly sustained by the Plaintiff in that the conduct of the Defendant caused no damage or injury to the Plaintiff. g. It is denied that the answering Defendant failed to avoid an accident when she had the last clear chance to do so. To the contrary, there was no way that an accident could be avoided but the careful and prudent manner in which the answering Defendant operated her motor vehicle substantially reduced the impact of any injuries or damages allegedly claimed by the Plaintiff in that the conduct of the answering Defendant caused no injury. h. It is denied that the answering Defendant failed to maintain adequate control of her vehicle which as a result of failing to do so caused the subject collision. To the contrary, the answering Defendant maintained proper and adequate control over her vehicle. i. It is denied that the answering Defendant committed negligence per se or that she violated any of the sections of the Pennsylvania Motor Vehicle Code that are listed. To the contrary, the answering Defendant exercised all due and reasonable care under the circumstances. j. It is denied that the answering Defendant failed to comply with the regulations of the Pennsylvania Motor Vehicle Code pertaining to the operation of motor vehicles. To the contrary, the answering Defendant fully complied with all applicable regulations. 8. It is denied that the answering Defendant was negligent or careless or that her conduct in any way caused or contributed to any injuries allegedly sustained by the Plaintiff. To the contrary, the answering Defendant exercised all due and reasonable care under the circumstances. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to'form a belief as to the truth of the averments set forth in this paragraph regarding injuries or damages. Accordingly, the averments are deemed denied, and strict proof is demanded. 9. It is denied that the answering Defendant was negligent or careless or that her conduct in any way caused or contributed to any injuries allegedly sustained by the Plaintiff. To the contrary, the answering Defendant exercised all due and reasonable care under the circumstances. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries or damages. Accordingly, the averments are deemed denied, and strict proof is demanded. 10. It is denied that the answering Defendant was negligent or careless or that her conduct in any way caused or contributed to any injuries allegedly sustained by the Plaintiff. To the contrary, the answering Defendant exercised all due and reasonable care under the circumstances. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries or damages. Accordingly, the averments are deemed denied, and strict proof is demanded. 11. It is denied that the answering Defendant was negligent or careless or that her conduct in any way caused or contributed to any injuries allegedly sustained by the Plaintiff. To the contrary, the answering Defendant exercised all due and reasonable care under the circumstances. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries or damages. Accordingly, the averments are deemed denied, and strict proof is demanded. WHEREFORE, Defendant, Tacie Skeete incorrectly named as Tacie Cook demands that judgment be entered in her favor. NEW MATTER 12. The answers contained in paragraphs 1 through 11 hereof are incorporated herein by reference as if set forth in their entirety. 13. Plaintiffs claims, if any, are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and are governed by his tort selection. All defenses are asserted. 14. Plaintiff's claims, if any, are barred by the applicable statute of limitations. 15. If it should be found that there was any negligence on the part of Defendant, which is denied, then in that event any such negligence was not a substantial factor nor the factual cause of Plaintiffs alleged injuries. 16. Discovery may reveal that some or all of the Plaintiff's injuries and conditions preexisted the date of the subject accident and were not caused or aggravated by the subject accident. 17. The Plaintiffs claims are barred and/ or limited by his comparative negligence which was a substantial factor in causing this accident. 18. The Plaintiffs claims are barred by his contributory negligence which was the proximate cause of the accident. WHEREFORE, Defendant, Tacie Skeete incorrectly named as Tacie Cook demands that judgment be entered in her favor. NEW MATTER CROSSCLAIM AGAINST DEFENDANT BRANDON PEARSON 19. Paragraphs 1 through 11 of the Plaintiff's Complaint are incorporated by reference, without admission, as if fully set forth herein. The answers to paragraphs 1 through 11, and New Matter in paragraphs 12 through 18 that are filed by the Defendant, Tacie Skeete incorrectly named as Tacie Cook, are incorporated by reference as if fully set forth herein. 20 The Defendant, Brandon Pearson, is alone liable to the Plaintiff for the injuries that he sustained in this motor vehicle accident. 21 The Defendant, Brandon Pearson, is liable over to the Defendant, Tacie Skeete incorrectly named as Tacie Cook, as she asserts her right of indemnification and contribution from this Defendant in that he was liable as a result of his negligence for the injuries and damages that were allegedly sustained by the Plaintiff. 22 Pursuant to Pa. R.C.P. 1031.1, the Defendant Tacie Skeete incorrectly named as Tacie Cook states that Defendant Brandon Pearson is solely liable on the underlying cause of action, or is liable over to with the Defendant Tacie Skeete incorrectly named as Tacie Cook on the cause of action. WHEREFORE, Defendant Tacie Skeete incorrectly named as Tacie Cook demands that judgment be entered in her favor and against Defendant Brandon Pearson pursuant to Pa. R.C.P. 1031.1. Date: ,?"?? ,? '0111/ Respectfully submitted, LAW OFFICE OF JOSEPH R. D'ANNUNZIO By G l? Joseph R. D'Annunzio, Esquire Attorney for Defendant, Tacie Skeete incorrectly designated as Tacie Cook VERIFICATION I, Tacie Skeete incorrectly named as Tacie Cook, hereby states that she is the Defendant in this action, and verifies that the statements made in the foregoing document are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ' U.AJ3QA (S ?? 1 D Gt e???'?e Tacie Skeete incorrectly named as Tacie Cook CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Gregory M. Palumbo, Esquire Palumbo & Associates 10-12 West Front Street P O Box 1796 Media, PA 19063 James R. Forry, Esquire Forry Ullman 540 Court Street P O Box 542 Reading, PA 19603 Date: y! Roxan a Weller L .. , DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ° F BRANDEN PEARSON, : _. = -urn 70 a/k/a BRANDON PEARSON, and TACIE COOK, e °z DEFENDANT NO. 10-5057 CIVIL ° ORDER OF COURT AND NOW, this 14th day of January, 2011, upon consideration of Defendant Branden Pearson's Motion to Compel Compliance, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Defendant Cook to show cause why the Branden Pearson is not entitled to the relief requested; 2. Defendant Cook will file an answer to this petition on or before January 26, 2011; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Any depositions needed for this matter shall be completed by February 28, 2011; 5. A hearing/argument on the matter will be held on Wednesday, March 23, 2011, at 9:00 a. m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, )w -L E.-UA M. L. Ebert, Jr., J. T Gregory Palumbo, Esquire 10-12 West Front Street P. O. Box 1796 Media, PA 19063 Attorney for Plaintiff 4ames R. Forry, Esquire 540 Court Street P. O. Box 542 Reading, PA 19601 Attorney for Defendant L Copies t11411( Do (Joseph D'Annunzio, Esquire 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Defendant Cook bas James R. Forry, Esquire a ` , c FORRY ULLMAN ???1 J E 25 t 11()' 540 Court Street PO Box 542?}';3?L? A{l Reading, PA 19601 (610) 777-5700 DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW V. : No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants TO THE PROTHONOTARY: Kindly withdraw the Motion to Compel Compliance that was filed on or about January 3, 2011 against Defendant Tacie Cook as Defendant has answered Defendant Pearson's Interrogatories and Request for Production of Documents. Please also strike from the Court Schedule the hearing/argument, which is scheduled to be held on Wednesday, March 23, 2011 at 9:00 a.m. in Courtroom 2 with regard to the Order that was directed to Defendant Cook. Respectfully submitted, FORRY ULL BY: Q J S FOP,&Y, FIS IldY // James R. Forry, Esquire FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19601 (610) 777-5700 Attomey for Defendant Rrand n Pearson a/k/a Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW V. : No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants I, James R. Forry, Esquire, of Forry Ullman, hereby certify that a copy of the foregoing Praecipe to Withdraw the Motion to Compel, was mailed to counsel by first-class United States mail, postage prepaid, addressed as follows: Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O. Box 1796 Media, PA 19063 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. I/a. V / // Y, ESQUIRE FORRY ULLMAN, P.C. BY: James R. Forry, Esquire Attorney I.D. No. 36003 540 Court Street P.O. Box 542 Reading, PA 19603 T: (610) 777 - 5700; F: (610) 777 - 2499 jrforry@forryulhnan.com DAN STUDZINSKI, Plaintiff V. BRANDEN PEARSON a/k/a BRANDON PEARSON and TACIE COOK Defendants FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 31 PM 2: 09 CUMBERLAND COUNTY PENNSYLVANIA Attorney fi7r Defendant, Brandon Pearson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-5057 Civil ARBITRATION DEFENDANT, BRANDEN PEARSON a/k/a BRANDON PEARON'S REPLY TO THE NEW MATTER CROSS CLAIM OF DEFENDANT, TACIE SKEETE INCORRECTLY IDENTIFIED AS TACIE COOK 19. Defendant hereby incorporates by reference his Answer to Plaintiff's Complaint as if set forth herein at length. 20. The allegations set forth in this paragraph are conclusions of law; hence, no response is required. 21. The allegations set forth in this paragraph are conclusions of law; hence, no response is required. 22. The allegations set forth in this paragraph are conclusions of law; hence no response is required. WHEREFORE, Defendant, Branden Pearson a/k/a Brandon Pearson respectfully requests the Court find in his favor and against all other parties. FORRY ULLMAN, PC Date: t I2 712ci By: JAMS R;; FORRY, ES FORRY ULLMAN, P.C. BY: James R. Forry, Esquire Attorney I.D. No. 36003 540 Court Street P.O. Box 542 Reading, PA 19603 T: (610) 777 - 5700; F: (610) 777 - 2499 jrforry@fonyullman.com Attorney for Defendant, Brandon Pearson DAN STUDZINSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-5057 Civil ARBITRATION V. BRANDEN PEARSON a/k/a BRANDON PEARSON and TACIE COOK Defendants CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Defendant, Pearson's Reply to the New Matter Cross Claim of Defendant, Cook nee Skeete was mailed via U.S. first class mail, postage prepaid, upon the following parties addressed as follows: Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12- West Front Street P.O. Box 1796 Media, PA 19063 Date: 1'L712-61 Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 By: FORRY ULLMAN, PC li' I'f'7 P OTHONOTAR", FORRY ULLMAN BY: James R. Forry, Esquire Attorney I.D. No. 36003 540 Court Street PO Box 542 Reading, PA 19603 (610) 568-1404 j rforry@forryullman. com DAN STUDZINSKI, Plaintiff V. BRANDEN PEARSON a/k/a BRANDON PEARSON and TACIE COOK, Defendants 2911 MAR -3 AM 11: 29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-5057 Civil ARBITRATION PRAECIPE FOR CHANGE OF ADDRESS Kindly change the address of the undersigned counsel to: James R. Forry, Esquire FORRY ULLMAN, PC 540 Court Street PO Box 542 Reading, PA 19603 as the place where papers, process and notices may be served. FORRY, ULLMAN, By: R. VORRY, Y, P.C. Dated: DAN STUDZINSKI, V. Plaintiff BRANDEN PEARSON a/k/a BRANDON PEARSON and TACIE COOK, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-5057 Civil ARBITRATION CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, being duly sworn according to law, deposes and says that I have forwarded my Praecipe for Change of Address, by mailing the same via U.S. first class mail, postage prepaid, addressed to the following: Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 Date: By: Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10-12 West Front Street P.O. Box 1796 Media, PA 19063 FORRY I JLLMAN J James R. Forry, Esquire ' FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19601 (610) 777-5700 Attorney for Defendant Branden Pearson / k/a Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, Defendants TO THE PROTHONOTARY: Kindly withdraw the Motion to Compel Compliance that was filed on or about January 3, 2011 against Plaintiff Studzinski as he has answered Defendant Pearson's Interrogatories and Request for Production of Documents. Please also strike from the Court Schedule the hearing/argument, which is scheduled to be held, on Wednesday, March 23, 2011 at 9:00 a.m. in Courtroom 2 with regard to the Order that was directed to Plaintiff. Respectfully submitted, FORRY ULLMAN , BY: E E R. FORRY, ESQ IRE i James R. Forry, Esquire FORRY ULLMAN 540 Court Street PO Box 542 Reading, PA 19601 (610) 777-5700 Attorney for Defendant Rrand .n Pearson a/k/ Brandon Pearson DAN STUDZINSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. No. 10-5057 Civil BRANDEN PEARSON a/k/a ARBITRATION BRANDON PEARSON and TACIE COOK, ; Defendants I, James R. Forry, Esquire, of Forry Ullman, hereby certify that a copy of the foregoing Praecipe to Withdraw the Motion to Compel, was mailed to counsel by first-class United States mail, postage prepaid, addressed as follows: Joseph D'Annunzio, Esquire Law Office of Joseph D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 Gregory M. Palumbo, Esquire PALUMBO & ASSOCIATES 10 West Front Street P.O. Box 1796 Media, PA 19063 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. t IN THE MA DAN As a p to Rul CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL OF: COURT OF COMMON PLEAS ZINSKI TERM, CUMBERLAND C) (Z 81 -VS- CASE NO: 10 7 -- i `T; - PEARSON, ET AL n"I r? c^, C requisite to service of a subpoena for documents and things U-ks u?;!t 4009.22 - CD MCS on behalf of JAMES F. FORRY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (31) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/08/2011 MCS on behalf of c / S / Jamej JAMES F. FORRY At rney f r EF MCS # 56961-LO1 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DAN -VS- PEARSON, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 10-5057 THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 RONALD . FRONDUTI, M.D. MEDICAL RECORDS DYNAMIC PHYSICAL THERAPY MEDICAL RECORDS TRAVELER INSURANCE INSURANCE KIMBERL CLARK EMPLOYMENT JENNERS ILLE HOSP/FKA SCCMC MEDICAL RECORDS TO: GRE RY M. PALUMBO, ESQ., PLAINTIFF COUNSEL JOSEPH R. D " ANNUNZIO, ESQ. MCS on ehalf of JAMES F. FORRY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fr m the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 00/17/2011 CC: F. FORRY, ESQ. - 2022770 GREGORY M. PALUMBO, ESQ. PALUMBO & ASSOCIATES P.O. BO 1796 MEDIA, A 19063 MCS on behalf of JAMES F. FORRY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 56961-C01 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAN STUDZINSKY File No. 10-5057 vs. = PEARSON, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RONALD A. FRONDUTI M D (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIME at The M ?S Gr=, Inc., 1601 Market Street. Suite 800 Philadelphia. PA 19103 You may deli er or mail legible copies of the documents or produce things requested by this subpoena, together with the certi cate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to roduce the documents or things required by this subpoena within twenty (20) days after its service, the party se g this subpoena may seek a court order compelling you to comply with it. THIS NAME: ADDRESS: SUPREME C ATTORNEY Date.- A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JAMES F. FORRY. ESQ. 540 COURT STREET P.O. BOX 542 READING, PA 19603 (215) 246-0900 )URT ID #: ?OR: Defendant BY THE COURT: -LYtQ??? J Prothonotary/Clerk, Civil Division Z18 Deput Scal of the Court 56961-01 EXPLANATION OF REQUIRED RECORDS TO: CU RONALD 440 E. SUITE WEST C RE: M Social Date o IAN OF RECORDS FOR: . FRONDUTI, M.D. 4RSHALL ST PA 19064 # 56961-L01 IIEL J. STUDZINSKI CRESTVIEW DRIVE (NETT SQUARE, PA 19348 ecurity #: XXX-XX-5107 Birth: 08-22-1945 Please rovide entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physici ns. Include all files, memoranda, handwritten notes, history, physical reports, and all prescriptions records. This should contain all records in your possess on, all archived records, or records in storage. Including any and all items a may be stored in a computer database or otherwise in electronic form. Prior a prowl is required for fees in excess of $150.00 for pi s, $1-00.00 for A other providers. MCS # 56961-LO1 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATT OF: DAN S ZINSKI BRANDE PEARSON, As a p erequisit to Rule 4009.22 (1 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 10-5057 ET AL e to service of a subpoena for documents and things pursuant MCS on behalf of JAMES F. FORRY, ESQ. _ certifies that A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (31) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/08/2011 MCS on behalf of /S/ 6&wj J. Jorrt, el. JAMES F. FORRY, ESQ. Attorney for DEFENDANT MCS # 56961-LO2 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAN Y File No. 10-5057 PEARSON, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Within twenty documents or I at of Records for DYNAMIC PHYSICAL THERAPY (Name of Person or Entity) days after service of this subpoena, you are ordered by the court to produce the following ;: **** SEE ATTACHED RIDER **** You may deli r or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in adv ce, the reasonable cost of preparing the copies or producing the things sought. If you fail to the party ser, THIS NAME: ADDRESS: SUPREME 0 ATTORNEY Date: iuce the documents or things required by this subpoena within twenty (20) days after its service, this subpoena may seek a court order compelling you to comply with it. WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JAMES F FORRY. ESQ. 540 COURT STREET P.O. BOX 542. READING, PA 19603 (215) 246-0900 ?OR: URT ID M Defendant BY THE COURT: ? -co- Prothonotary/Clerk, Civil Division Deputy Seal of the Court 56961-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DYNAMIC PHYSICAL THERAPY 674 UNI NVILLE ROAD KENNETTISQUARE, PA 19348 RE: MC #56961-L02 DA IEL J. STUDZINSKI 30 CRESTVIEW DRIVE KE NETT SQUARE, PA 19348 Social ecurity #: XXX-XX-5107 Date of Birth: 08-22-1945 Please rovide entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physici ns. Include all files, memoranda, handwritten notes, history, physical reports and all prescriptions records. This should contain all records in your possession, all archived records, or records in storage. Including any and all items a may be stored in a computer database or otherwise in electronic form. Prior a proval is required for fees in excess of $150.00 for h, $1900.00 far al other providers. MCS # 56961-L02 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MAT DAN S As a to R OF: COURT OF COMMON PLEAS ZINSKI TERM, CUMBERLAND -VS- CASE NO: 10-5057 PEARSON, ET AL requisite to service of a subpoena for documents and things pursuant 4009.22 MCS on behalf of JAMES F. FORRY, ESQ. _ certifies that (1 (2 (3 (4 DATE: 0 A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, ) No objection to the subpoena has been received, and The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. 1/08/2011 MCS on behalf] of /S/ damej J. Jo ?y, &j. JAMES F. FORRY, ESQ. Attorney for DEFENDANT MCS # 56961-LO3 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAN TO: PEARSON, ET AL File No. 10-5057 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 of Records for TRAVELED INS m ACE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following **** SEE IDER **** documents or things: at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certifi ate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail toproduce the documents or things required by this subpoena within twenty (20) days after its service, the party servi g this subpoena may seek a court order compelling you to comply with it. THIS NAME: ADDRESS: A WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: TELEPHONE (215) 246-0900 SUPREME COURT ID #: ATTORNEY OR: Defendant 08. m) Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 56961-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRAVELE INSURANCE READING PL CLM-A278 P.O. BO 13485 READINGS PA 19612 RE: Social Date c Date c Please but not includii contain storage otherwi # 56961-L03 IIEL J. STUDZINSKI i CRESTVIEW DRIVE (NETT SQUARE, PA 19348 ?ecurity #: XXX-XX-5107 Birth: 08-22-1945 Loss: 08/09/2008 ?rovide any and all insurance records and PIP files including limited to medical records. Include all claims, correspondence ration supporting plaintiff's claim, and investigative reports, payments ig dates of payments, payee, and reasons for payments. This should all records in your possession, all archived records, or records in Including any and all items as e in electronic form. CLAIM #278PPK5M2403N Prior approval is required for fees in excess of $150.00 for hospit , $100,00 for all other providers. ICS # 56961-L03 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTE OF: DAN STU ZINSKI BRANDEN PEARSON, As a pr requisit to Rule 4009.22 (1 (4 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 10-5057 ET AL e to service of a subpoena for documents and things pursuant MCS on behalf of JAMES F. FORRY, ESQ. _ certifies that A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (31) No objection to the subpoena has been received, and The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/08/2011 MCS on behalf of /S/ Jame] J. 77 ?`orry' el. JAMES F. FORRY, ESQ. Attorney for DEFENDANT MCS # 56961-L04 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STUDZINSKY File No. 10-5057 VS. PEARSON, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: of Records for KiMBERI .Y CL. RK (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 o things: _ * * * * SEE ATTACHED RIDER at The h WS G=, Inc-, 1601 Market Street. Suite 800, Pbiladelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cert' Cate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad ante, the reasonable cost of preparing the copies or producing the things sought. If you fail to roduce the documents or things required by this subpoena within twenty (20) days after its service, the party se 'ng this subpoena may seek a court order compelling you to comply with it. THIS SUBP ENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES F. FORRY ESO ADDRESS: 540 COTTRT cTRFFT TELEPHO : (215) 246-0900 SUPREME COURT ID #: ATTORNEY OR: Defendant BY THE COURT: ay?_¦ Prothonotary/Clerk, Civil Division Date: Deputy Seal of the Court 56961-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KIMBERLh CLARK RE: Social Date o Any and memorarn records includi This sh, records databas, i # 56961-L04 JIEL J. STUDZINSKI i CRESTVIEW DRIVE (NETT SQUARE, PA 19348 iecurity #: XXX-XX-5107 Birth: 08-22-1945 all employment records- including applications, files, la, compensation, time and attendance records. Please include personnel payroll and salary information. Supply all employee medical records ig any disability, workers compensation, or incident reports and claims. Auld contain all records in your possession, all archived records, or in storage. Including any and all items as may be stored in a computer or otherwise in electronic form. REFERENCE #6276496 Prior a roval is required for fees in excess of $150.00 for hosp?i , $1,00.00 for all anther proffers. MCS # 56961-L04 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE M DAN As a pr to Rule OF: INSKI -VS- PEARSON, ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 10-5057 arequisite to service of a subpoena for documents and things pursuant 4009.22 MCS on behalf of JAMES F. FORRY, ESQ. certifies that (3 (4 (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, ) No objection to the subpoena has been received, and The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 014/08/2011 MCS on behalf of /S/ James J. Jorry, e6C?. JAMES F. FORRY, ESQ. Attorney for DEFENDANT MCS # 56961-L05 DE11 COMMONWTALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STUDZINSKI VS. PEARSON, ET AL File No. 10-5057 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Within twe documents at of Records for JENNERSVILLE HOSP/FKA SCCMC (Name of Person or Entity) (20) days after service of this subpoena, you are ordered by the court to produce the following things: ****SEE ATTACHED RIDER**** You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad ance, the reasonable cost of preparing the copies or producing the things sought. If you fail to roduce the documents or things required by this subpoena within twenty (20) days after its service, the party se ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES F. FORRY. ESO. ADDRESS: 540 COURT STRFFT TELEPHON : (215) 246-0900 . SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ,/-) C") '/ PPr421 o /Clerk, evil Division 08 r Deputy Date: Seal of the Court 56961-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JENNERS ILLE HOSP/FKA SCCMC MEDICAL RECORDS 1015 W. ALTIMORE PK. WEST GROVE. PA 19390 RE: MC # 56961-L05 DA IEL J. STUDZINSKI 30 CRESTVIEW DRIVE KE NETT SQUARE, PA 19348 Social curity #: 159-36-5107 Date of Birth: 08-22-1945 Please rovide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from th consulting and treating physicians, and discharge forms. Include all files, emoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Includi g any and all items as may be stored in a computer database or otherwi e in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 56961-L05 SU10