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Home My WebLink About11-0718 i .11-C;-F'CE F"c '???'NOKaTARY BROWNSTEIN VITALE & WEISS P.C. By: Gary Brownstein, Esquire 20 1 };, ;+ r,,9 l0? Identification No. 36431 Two Penn Center Plaza Cau 1500 JFK Blvd, Suite 1020 ;,`'SYL4'ANI Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth COURT OF COMMON PLEAS 763 Main Street CUMBERLAND COUNTY Steelton, PA 17113 V. Jeffrey F. Smith 270 Spanglers Mill Road New Cumberland, PA 17070 NO: ab)!'?)s ClV6I Tff y' IMPORTANT NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 THIS CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE OF 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 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. AVISO IMPORTANTE LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTAS, USTED TIENE VEINTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. HACA FALTA ASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN ABOGADO Y ENTREGAR A LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN CONTRA SUVA SIN PREVIO AVISO O NOTIFICACION. ADEMAS, LA CORTE PUEDE DECIDIR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERER DINERO O SUS PROPIEDADES U OTROS DERECHOS RIIPORTANTES PARA USTED. LIEVAESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDS SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 C 4&? CIa^ vs 1k'C ? BROWNSTEIN VITALE & WEISS, P.C. By: Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 JFK Blvd, Suite 1020 Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth COURT OF COMMON PLEAS 763 Main Street CUMBERLAND COUNTY Steelton, PA 17113 V. NO: Jeffrey F. Smith 270 Spanglers Mill Road New Cumberland, PA 17070 CIVIL ACTION COMPLAINT 1. Plaintiff, Bradley Collingsworth is an adult individual who resides at the address captioned above. 2. Defendant, Jeffrey F. Smith is an adult individual who resides at the address captioned above. 3. On or about February 7, 2009, at or about 4:00 p.m., the vehicle owned, controlled and operated by Defendant was traveling east on SR-581, Lower Allen Township, Cumberland County, PA when said vehicle was so carelessly, recklessly and/or negligently operated and/or controlled, that it was caused to strike the vehicle operated by Plaintiff, Bradley Collingsworth, which was lawfully proceeding in the lane to Defendant's left at the point aforesaid, causing Plaintiffs vehicle to be pushed into a barrier and Plaintiff to sustain injuries. 4. The aforesaid incident involving the Plaintiff was caused solely as a result of the carelessness, negligence and recklessness of the Defendant consisting, inter alia, of the following: a. Operating said vehicle at an excessive speed under the circumstances. b. Failing to have said vehicle under proper and adequate control at the time of this accident. c. Operating said vehicle in a careless manner without due regard for the rights and safety of those lawfully upon the highway, one of whom was the Plaintiff aforesaid. d. Failing to give proper and sufficient signaling or warning of the approaching or turning of said vehicle. e. Failing to bring the said vehicle to a safe stop. f. Failing to yield the right of way. g. Negligently attempting to pass or change lanes. h. Failing to drive entirely in a lane designated for traffic. i. Otherwise failing to exercise due and proper care under the circumstances. j. Being careless, reckless and negligent as a matter of law. k. Being in attentive in performing his duty as operator and owner of a motor vehicle. 1. In other respects which may well be pointed out during discovery or at the time of trial. 5. The aforesaid accident and resulting injuries to the Plaintiff, Bradley Collingsworth were caused solely and exclusively by virtue of the negligence, carelessness and recklessness of Defendant, and was due in no manner whatsoever to any act or failure on the part of the Plaintiff herein. 6. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendant set forth hereinabove, the Plaintiff, Bradley Collingsworth has sustained serious and permanent injuries, including, but not limited to acute exacerbation to his bilateral shoulders, and an acute right rotator cuff tear, causing impingement and requiring surgery, and other injuries resulting in a serious impairment of bodily function, the full extent of which is not yet known. The Plaintiff believes and therefore avers that his injuries are permanent in nature. 7. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendant as set forth hereinabove, the Plaintiff, Bradley Collingsworth has incurred and continues to incur financial expenses for medicine and medical care, in order to effectuate a cure for the aforementioned injuries, and may be compelled to expend sums of money for the same purposes in the future and for the rest of his life. 8. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendant as set forth hereinabove, the Plaintiff, Bradley Collingsworth had undergone and is undergoing great physical pain and mental anguish, and may continue to endure same for an indefinite period of time in the future, and for the rest of his life, all to his great detriment and loss. 9. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendant set forth hereinabove, the Plaintiff, Bradley Collingsworth has suffered a loss of the enjoyment of life's pleasures, and may continue to suffer such losses in the future, all to his great detriment and loss. 10. As a direct and proximate result of the negligence, carelessness and 'recklessness of the Defendant as set forth hereinabove, the Plaintiff, Bradley Collingsworth has been unable to attend to his daily chores, duties and activities, resulting in losses, including loss of earnings and earnings power, which losses may continue for an indefinite period of time into the future, to his great detriment and loss. WHEREFORE, the Plaintiff, Bradley Collingsworth claims damages from the Defendant, Jeffrey F. Smith in an amount in excess of Fifty Thousand ($50,000). RESPECTFULLY SUBMITTED BROWNSTEIN VITALE & WEISS, P.C. By: Gary ' Esquire Attorney f o f VERIFICATION /M &AY?+,ereby states that he/she is the Plaintiff in this action and verifies that the statements made in the foregoing 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 relating to the unworn falsification to authorities. DATED: ' ' BROWNSTEIN VITALE & WEISS, P.C. By: Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 JFK Blvd, Suite 1020 Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth V. Jeffrey F. Smith -OFFICE :y. HE PRO 2011 FEg l ? PM 1:01 vUMBERL AN ??NI ? ? Y p?NN5YL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2011-718 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly REINSTATE the Complaint in the above captioned matter. BR( BY; v rA ?d Q 0.k\0 3 C,xs R* as??tc F:\FILES\Clients\3050 Donegal\Current\644\3050.644.pral Revised: 2/10/11 3:49PM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant r lLn ?i-tee - Y e: T" t?14 4 yt1 1 . MAR -I Pfd ? & FALLER ?"ENNSYt BRADLEY COLLINGSWORTH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-718 CIVIL ACTION - LAW JEFFREY F. SMITH, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant Jeffrey F. Smith in the above matter. MARTSON LAW OFFICES By Daniel . Dear orff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: 3 ? 1 III CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Gary Brownstein, Esquire BROWNSTEIN VITALE & WEISS, P.C. Two Penn Center Plaza 1500 JFK Blvd., Suite 1020 Philadelphia, PA 19102 MARTSON LAW OFFICES By V lAmi J. Th a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?!) ? I I 1 1 F:\FILES\Clients\3050 Donegal\Current\644\3050.644. ansl Revised: 3/1/11 10: 09AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant r', tea. Q1 n? BRADLEY COLLINGSWORTH, Plaintiff V. JEFFREY F. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-718 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: BRADLEY COLLINGSWORTH Plaintiff, and his attorney, GARY BROWNSTEIN, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Jeffrey F. Smith, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiffs Complaint as follows: 1-2. Admitted. 3-10. Denied pursuant to Pa. R. C.P. 1029(e). WHEREFORE, Defendant demands judgment in his favor against Plaintiff. NEW MATTER 11. It is believed that Plaintiff may have been comparatively negligent or assumed the risk of injury by operating their vehicle in a careless and negligent manner. 12. Defendant reserves the right to add additional New Matter based on information received from upcoming discovery in this case. VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Je ith FAFILESTlienta\3050 DonegalTurrent\644\3050.644.anal 13. Plaintiff s cause of action may be barred by the statute of limitations. 14. Plaintiff's recovery, if any, may be diminished pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act. 15. Defendant was faced with a sudden emergency not caused by himself in that he was driving in a construction area without a berm on the side of his lane when traffic suddenly, and without warning, stopped ahead requiring Defendant to swerve into the left lane to avoid colliding with traffic ahead of him. WHEREFORE, Defendant demands judgment in his favor against Plaintiff. MARTSON LAW OFFICES Daniel K. Deardorff, Esqu' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated:] I (?? ((? Attorneys for Defendant CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Gary Brownstein, Esquire BROWNSTEIN VITALE & WEISS, P.C. Two Penn Center Plaza 1500 JFK Blvd., Suite 1020 Philadelphia, PA 19102 By MARTSON LAW OFFICES Ami J. ThummA 10 East High S reel Carlisle, PA 17013 (717) 243-3341 Dated: 3 o( d 11 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r A ' Bradley Collingsworth vs. Case Number Jeffrey F. Smith 2011-718 SHERIFF'S RETURN OF SERVICE 02/11/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jeffrey F. Smith, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 02/24/2011 05:37 PM - York County Return: And now February 24, 2011 at 1737 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeffrey F. Smith by making known unto himself personally, at The York County Sheriffs Office, 45 N. George Street, York, Pennsylvania 17401 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 March 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF C Ccie,',Su to Sheri T7ele ;soft. 1.-I SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations BRADLEY COLLINGSWORTH vs. JEFFREY F. SMITH SHERIFF'S RETURN OF SERVICE PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration Case Number 2011-718 CIVIL 02/24/2011 05:37 PM - SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: JEFFREY F. SMITH AT THE YORK COUNTY SHERIFF'S OFFICE, YORK COUNTY SHERIFF, 45 NORTH GEORGE STREET, YORK, PA 17401. SHERIFF COST: $45.95 March 15, 2011 NOTARY Affirmed and subscribed to before me this o u THOMAS H. MULDROW, DEPUTY SO A RS, ICHARD K UERL BER, SHERIFF 15TH day of MARCH 2011 ? MON 0 E Y NU CountySwte She Pf Teleozoit ri,c LISA L. THORPE, NOTARY :)LBLIC CITY OF YORK. YORK COLNTY MY COMMISS ON EXPIRES AUG. 12. 2013 BROWNSTEIN VITALE & WEISS, P.C. By: Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 JFK Blvd, Suite 1020 Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth V. Jeffrey F. Smith OF TNEL R0 aNO? TART 2011 MAR 25 PM 12: 08 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2011-718 PLAINTIFF'S REPLY TO NEW MATTER 11. Denied as a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. By way of further answer, at all times material herein, Plaintiff was proceeding prudently and cautiously, and this accident, and Plaintiff's resulting injuries and damages were caused entirely as a result of the negligence of the Defendant, the actions of the Plaintiff having been free from negligence. 12. Denied as a conclusion of law to which no responsive pleading is required under the Rules of Civil Procedure. By way of further answer, all attempts by Defendant to amend its New Matter must be accomplished in strict compliance with the Rules of Civil Procedure. 13-15. Denied as conclusions of law to which no responsive pleading is required under the Rules of Civil Procedure. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount stated in Plaintiff's Complaint. RESPECTFULLY S BROWNSTEW VITA,q/& WEISS, P.C. By: Gary Bro ein, Esquire Attorney for 1 ntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V COLLINGSWORTH Vs. SMITH NO. 2011-718 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 J? M' ?c °' .. As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 DANIEL K DEARDORFF, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 04/06/11 IT- DANIEL K DEARDORFF, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Victoria Seyler MLR File #: M385179 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COLLINGSWOATH Vs. SMITH I No. 2011718 TO: GARY BROWNSTEIN, ESQ (PLAINTIFF) NOTICE OF IN'T'ENT 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: 03/16/11 DANIEL K DEARDORFF, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Victoria Seyler Enc(s): Copy of subpoena(s) Counsel return card File #: M385179 OF PENNSYLVANIA OOUNrY OF-CUMBERLAND COLVINGSWORTH Vs. Fi le No. SMITH 2011718 SUBPOENA TO PRODUCE DOCU ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: ORTHO INST OF PENNA, 3399 TRINDLE RD, CAMP HILL PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orPkgs,. A 1 1 L''l\.111.rJJ ADDENDUM at _ -- MEDICAL LEGAL REPRODUCTIONS, -INKS ST., . , ?p?--- (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablc- cost of 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.- cxrrpe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME. DANIEL K DEARDORFF, ESQ ADDRESS: 10 E HIGH ST 17013 TELEPHONE: 215- 33-- 32t2 SUPREW COURT ID # ATTORNEY FOR: DEFENDANT M385179-01 BY THE DATE • J -1 t tart'/c 1 er , Civil Division Seal Of the Oourt Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA COLLINGSWORTH Vs. SMITH No. 2011718 CUSTODIAN OF RECORDS FOR : ORTHO INST OF PENNA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: BRADLEY COLLINGSWORTH ADDRESS: 763 MAIN ST STEELTON PA DATE OF BIRTH: 06/22/55 SSAN: XXXXX8444 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ORTHO INST OF PENNA CUMBERLAND M385179-01 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH of PENNSYLVANIA couNry of COLLINGSWORTH Vs. File No. 2011718 SMITH SUBPOENA TO PROOIJCE DOCUhENTS OR TH I NOS FOR DISOOVERY PURSUANT TO RULE 4009.22 ERIE INS CO, PO BOX 2013, MECHANICSBURG PA 17055 TO: ATTN: CLAIMS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or S'Pk9XTTtefWD ADDENDUM '--'-' at - _- MEDICAL LEGAL REPRODUCTIONS, NC, 4 40 DISSTON (Ac ess) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrrpiiance, to the party making thin request at the address listed above. You have the right to seek in advance she rea,onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin, subpoena may seek a court ordei. oanpe l ling you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQJIEST OF THE FOLLOWING PERSON: NAME: DANIEL K DEARDORFF, ESQ ADDRESS: _ 10 E HIGH ST 17013 TELEPHONE : 15 3 SUPREME OOURT ID _ ATTORNEY FOR: M385179-02 DEFENDANT DATE: ?S Seal of the Court. BY THE tart'/ Jerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA F COLLINGSWORTH Vs. SMITH CUSTODIAN OF RECORDS FOR: ERIE INS CO No. 2011718 ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: BRADLEY COLLINGSWORTH ADDRESS: 763 MAIN ST STEELTON PA DATE OF BIRTH: 06/22/55 SSAN: XXXXX8444 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature or ERIE INS CO CUMBERLAND M385179-02 * * * SIGN AND RETURN THIS PAGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY COLLINGSWORTH Plaintiff NO. 2011-718 Civil 2011 VS. JEFFREY F. SMITH -,, Defendant rY-1 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially k< 4, D Following form: < cr7 PETITION FOR APPOINTMENT OF ARBITRATORS = TO THE HONORABLE, THE JUDGES OF SAID COURT: Daniel K. Deardorff, Esquire , counsel for the defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 50,000.00 or less The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Martson Law Offices; Gary Brownstein, Esquire, and Brownstein, Vitale & Weiss, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. C .? r ...E spectful ubm' "0 t e r`x'J : ?t'7 Daniel K. Deardorff, Esqu' v='; Attorney for Defendant F-- yds._ _- ORDER OF COURT AND NOW, , 20ig- 'in nsideration of the f6mgomg„ petition, Esq., and ` Esq., and ems, Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. d .7° / , By the Court, ?? C?tr?!D t'i's? 4*- Kevin A. Hess, P.J. ban ; r bC"Ri O t'f ? $ aB . Go PD AWY C'?as?ao l_# a7a&0 7 ,ell-? GO?.41A40Wa ? Plaintiff Jr?y r !,11771` Defendant pe rer J • QQ,.5c,1.51 , lgiOndtY6 D koc h E5q . Name Name In The Court of Common Pleas of Cumberland gels - 7/P County, Pennsylvania No. - Civil Action - Law. We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ignature Signa mature C.baAe.5 L. Zak,-,V-i , Ll Name (Chairman) `anlzmc,rwn Law Firm Address Law Firm 5uo(c Ep,54 Trirjjie P_d,&,;+ooo Address Oath Law Firm to C lots i?le.r R.oaj Address Ca4t,I(s, pA no%_5 N1ecln??ic5b?ra,PA OOSb NUc on,c..sh? i-7 City, Zip City, Zip City, ip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date of Hearing: ?? Date of Award: JTKffz 20, --/- (Chairman) Notice of Entry of Award Now, the day of , 20 /- , at .M., the above award was entered upon the docket and notic ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal Prothonotary Sa By: Deputy . Arbitrator,-dissents.-(Insert name if applicable.) 20 `FN FAFILES\Clients\3050 Donegal\3050.Current\3050.64413050.644.Pra2 Revised: 7/9/12 2:41PM Gary Brownstein, Esquire BROWNSTEIN VITALE & WEISS, P.C. Two Penn Center Plaza 1500 JFK Blvd., Suite 1020 Philadelphia, PA 19102 Attorneys for Plaintiff BRADLEY COLLINSWORTH, Plaintiff V. JEFFREY F. SMITH, Defendant IN THE COURT OF COMMON FLE S ur CUMBERLAND COUNTY, PENNSYLVA] NO. 2011-718 CIVIL ACTION - LAW JURY TRIAL DEMANDED C PRAECIPE TO SETTLE DISCONTINUE AND END =M U, cw- tv -= TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 'C = ?• ?- c- 3 Kindly mark the above-referenced matter as settled, discontinued and ended cn BROWNS & WEISS, P.C. By kBwn Gare', Esquire Twn • Plaz - 150 d., Suite 1020 Philadelphia, PA 19102 Attorneys for Plaintiff Dated: " / //' ? / CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Gary Brownstein, Esquire BROWNSTEIN VITALE & WEISS, P.C. Two Penn Center Plaza 1500 JFK Blvd., Suite 1020 Philadelphia, PA 19102 MARTSON LAW OFFICES By Ami J. Thu a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: _1 I Zq 112.-.,