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HomeMy WebLinkAbout11-7905 SHOLLENBERGER & JANUZZI, LLP L 0?T 17 Pfd '? 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff LACHRISTA J. SWEET-BLUE, Plaintiff v. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants C s VrN1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.??-1°?l?S ?I?II CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 CANNOT AFFORD ONE, GO TO OR TELEPHONE 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 800-990-9108 717-249-3166 %ga0) CL*17,ol SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff LACHRISTA J. SWEET-BLUE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a [as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARAAVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff LACHRISTA J. SWEET-BLUE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, LACHRISTA J. SWEET-BLUE, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiff, LACHRISTA J. SWEET-BLUE, is an adult individual who currently resides at 391 Baybridge Drive, Columbia, South Carolina 29229. 2. The Defendant, JOSEPH C. SMITHEY, is an adult individual whose last known address is 13528 Murphy Ridge Road, Richland Center, Wisconsin 53581. 3. The Defendant, DAILY EXPRESS, INC., is a Pennsylvania Business Corporation with its principal place of business located at 1072 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 4. It is believed and therefore averred that Defendant, JOSEPH C. SMITHEY, leased the tractor he owned and operated to Defendant, DAILY EXPRESS, INC. 5. It is believed and therefore averred that Defendant, JOSEPH C. SMITHEY, was acting as the agent, servant and/or employee of Defendant, DAILY EXPRESS, INC., 1 and was operating a tractor/trailer within the course and scope of the agency and/or employment relationship with Defendant, DAILY EXPRESS, INC. 6. The facts and circumstances hereinafter set forth took place on October 18, 2009, at or about 11:13 A. M., on the Exit 6B ramp from State Route 581 East to State Route 83 South in Lemoyne Borough, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Plaintiff, LACHRISTA J. SWEET-BLUE, was the front seat passenger in a 2003 Mazda 6 owned and operated by her mother, Crystal A. Blue, bearing Louisiana registration plate number KZY553, that was attempting to merge into traffic from State Route 581 onto State Route 83 South via Exit ramp 6B. 8. At the aforesaid time and place, Defendant, JOSEPH C. SMITHEY, was the owner and operator of a 2000 Peterbilt tractor bearing Illinois registration plate number P647940. Defendant Smithey was towing a semi-trailer owned by BB Community Leasing Services Inc., bearing Wisconsin tag number 523620. 9. At the aforesaid time and place, Defendant, JOSEPH C. SMITHEY, was traveling directly behind the vehicle in which Plaintiff was riding on Exit ramp 6B as it was attempting to merge into traffic from State Route 581 onto State Route 83 South. 10. At the aforesaid time and place, Defendant, JOSEPH C. SMITHEY, failed to notice that the vehicle in which Plaintiff was riding had slowed or stopped in front of him and, as a result, struck that vehicle in the right rear. 11. As a result of the aforesaid incident, Plaintiff, LACHRISTA J. SWEET-BLUE, has suffered serious and permanent injuries, including but not limited to the following: 2 (a) severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (c) severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; (d) cervical joint dysfunction; (e) sacral joint dysfunction; (f) pelvic joint dysfunction; (g) lumbar joint dysfunction; (h) thoracic joint dysfunction; (i) left elbow injury; 0) left hip injury; (k) right hip injury; (1) severe shock to nerves and nervous system; (m) mental and physical anguish. 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, LACHRISTA J. SWEET-BLUE, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, LACHRISTA J. SWEET- BLUE, may suffer a loss of earning capacity for which damages are claimed. 3 14. As a further result of the aforesaid injuries, Plaintiff, LACHRISTA J. SWEET- BLUE, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of this collision, Plaintiff, LACHRISTA J. SWEET-BLUE, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 16. Defendant, JOSEPH C. SMITHEY, was operating a vehicle registered in another state at the time of this collision. Therefore, Plaintiff, LACHRISTA J. SWEET- BLUE, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNTI LACHRISTA J. SWEET-BLUE v. JOSEPH C. SMITHEY 17. Paragraphs 1 through 16 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 18. The aforesaid collision was a direct and proximate result of the negligence of Defendant, JOSEPH C. SMITHEY, in operating the 2000 Peterbilt tractor/trailer in a careless, reckless and negligent manner as follows: (a) Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him to bring his 4 vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; (b) Driving his/her motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of The PA. Motor Vehicle Code; (c) Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code; (d) In failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; (e) In failing to have the vehicle under proper and adequate control; (f) In failing to apply the brakes in time to avoid the collision; (g) In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the plaintiff; (h) In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead. 19. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, JOSEPH C. SMITHEY, as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, LACHRISTA J. SWEET-BLUE. WHEREFORE, Plaintiff, LACHRISTA J. SWEET-BLUE, demands judgment against the Defendant, JOSEPH C. SMITHEY, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II LACHRISTA J. SWEET-BLUE v. DAILY EXPRESS. INC. 20. Paragraphs 1 through 19 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 5 21. The aforesaid collision was a direct and proximate result of the negligence of Defendant, DAILY EXPRESS, INC., acting through its agent, servant, and/or employee, JOSEPH C. SMITHEY, in operating the 2000 Peterbilt tractor/trailer in a careless, reckless and negligent manner as follows: (a) Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him to bring his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; (b) Driving his/her motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of The PA. Motor Vehicle Code; (c) Following another vehicle more closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code; (d) In failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; (e) In failing to have the vehicle under proper and adequate control; (f) In failing to apply the brakes in time to avoid the collision; (g) In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by the plaintiff; (h) In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead. 22. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, DAILY EXPRESS, INC., acting through its agent, servant, and/or employee, Joseph C. Smithey, as set forth above and was due in no 6 manner whatsoever to ay act or failure to act on the part of the Plaintiff, LACHRISTA J. SWEET-BLUE. WHEREFORE, Plaintiff, LACHRISTA J. SWEET-BLUE, demands judgment against the Defendant, DAILY EXPRESS, INC., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP ( "'4'_ By: Kar J. J uzzi, Esquire Attorney .D. No. 65575 2225 Millennium Way Enola, PA 17025 717-728-3200 Dated: October 11, 2011 • VERIFICATION I, U Ci1r1YfS c?JSW-ccy!64ereby acknowledge that I am a Plaintiff in this action and that I have read the Co(K"ip Cllr and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ignature Date: l win % G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SETUPS)Werification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX(717)728-3200 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -: Sheriff Jody S Smith Chief Deputy }' { I? ! 27 A `c_'" '_ 11 :r Richard W Stewart Solicitor OMCE OF T-, ? '`- Lachrista J. Sweet-Blue Case Number vs. 2011-7905 Daily Express Inc. SHERIFF'S RETURN OF SERVICE 10/19/2011 10:57 AM - William Cline, Corporal, who being duly sworn according to law, states that on October 19, 2011 at 1057 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daily Express, Inc., by making known unto Brett Lay, Claims Manager for Daily Express, Inc. at 1072 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. L IA CLINE, DEPUTY SHERIFF COST: $34.44 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (Ci CeuntySuite Sheni-f. Tefeo,)ft . 11C. r OCT Johnson, Duffle, Stewart& Weidner, t A f By: John A. Statier, Esquire MINIS YL I.D. No. 43812 Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com LaCHRISTA J. SWEET-BLUE, Plaintiff V. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-7905 CIVIL M ?= .? JURY OF 12 PERSONS DEI cD DEiR PRAECIPE "d MIN TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire and Wade D. Manley, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendants Joseph C. Smithey and Daily Express, Inc. in the above-captioned case. DATE: (d 2L lr 465755 17960-27 J NSON, DUFFIE, STEWART & WEIDNER By: John A. to er, squire Attorney I.D. o. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Z Lemoyne, Pennsylvania, with first-class postage prepaid on the ?`day of Qc? 2011, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statle , uire Attorney I.D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff LaCHRISTA J. SWEET-BLUE, Plaintiff V. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants FILED-,OFFICE OF THE PROTHONOTARY 2011 DEC 21 PM 2= 56 CU Pf NNSY A COUNTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7905 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED rL_mln i Irr o mno"aR 1 v nr-vv mm ! 1 cm Vr UCrCNUAIU i, AND NOW comes the Plaintiff, LaCHRISTA J. SWEEET-BLUE, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the Defendants' New Matter as follows: 23-25. The averments set forth in paragraphs 23 through 25 of the Defendants' New Matter are conclusions of law which require no responsive pleading. By way of further answer, the averments set forth in paragraphs 23-25 of the Defendants' New Matter are hereby denied. 26. Denied. It is specifically denied that some, or all, of the Plaintiff's alleged injuries and damages pre-existed subject accident, or were not aggravated by the subject accident. 27. Denied. It is specifically denied that some, or all, of the Plaintiff's alleged injuries and damages were caused or aggravated by events or occurrences that occurred subsequent to the date of the subject accident. 28. Denied. It is specifically denied that Plaintiff has failed to mitigate her damages. WHEREFORE, Plaintiff, LaCHRISTA J. SWEET-BLUE, respectfully requests Your Honorable Court strike the New Matter of Defendants and enter judgment in her favor. Respectfully submitted, SHOLLEN "EGER & JANUZZI, LLP By: Kar p -ianuzzi, [=squire A rney I.D. No. 65575 2:F5 Millennium Way E ola, PA 17025 717-728-3200 Dated: December 22, 2011 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff LaCHRISTA J. SWEET-BLUE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants NO. 11-7905 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ;LVday of December, 2011, 1 hereby certify that I have served a true and correct copy of Plaintiffs Reply to New Matter of Defendant by United States mail, postage prepaid, addressed to: John A. Statler, Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respectfully Submitted, SHOLLENBERGER & JANUZZI, LLP By: Ka h J nuzzi, Esq., Attor ev for Plaintiffs 2m flU -3 PN? 2? 12 C?qj,4BERLAND COUNTY pEtiNSYLVANIA Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 Wade D. Manley, Esquire I. D. No. 97244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants Joseph C. Smithey and Daily Express, I LaCHRISTA J. SWEET-BLUE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV, V. : CIVIL ACTION - LAW JOSEPH C. SMITHEY and NO. 11-7905 CIVIL DAILY EXPRESS, INC., Defendants JURY OF 12 PERSONS DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009 Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas with a copy of the subpoenas attached theret , were mailed or delivered to each party at least 20 days prior to the date on which tile subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached tot is certificate; 3) PLAINTIFF'S COUNSEL HAS WAIVED THE 20 DAYS AND SAID WAIVER ATTACHED; and 4) The subpoenas to be served are iden ubpo attached to the Notice Intent. By: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street J Lemoyne, PA 17043-0109 g (L I /2- Telephone (717) 761-4540 DATE: Attorneys for Defendants 508057 SHOLLtNBER,,,ER H. NUZZI, LLr Attorneys At Law Writer's Direct e-mail -- kjj@sholljanlaw.com July 31, 2012 John A. Statler, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 TIMOTHY A. SHOLLENBEI GER, ESQ. KARL J. JAN?izzi, ESQ. ADAM T. W?LFE, ESQ. ?LC\- A1G 01F9n . 7 Re: Blue v Smithey and Daily Express, Inc.; No I1-7906 Civil Dear John: This office is in receipt of your Notice of Intent to Serve Subpoenas to Produce Documents for the following entities: 1) Dunham Army Health Clinic 2) Appalachian Orthopedic Center We have no objection to the service of the Subpoenas as long as we are provided with copies of all documents obtained within twenty (20) days of your receipt of them and without charge. Thank you for your anticipated cooperation in this regard. If you are unwilling to agree to these terms, then please notify me in writing within ten business days of the date of this letter. If I do not hear from you in writing to the contrary, I will assume that you have no objection to the.above. referenced conditions. KJJ:jjr cc: LaChrista Sweet-Blue MAIN OFFICE: 2225 Millennium Wa: Very truly yours, Karl i Enola, PA 17025 1 Phone 717-728-3200 Fax 717-728-3400 Toll Free 800-813-1368 HARRISBURG OFFICE: 4811 Jonestown Road, Suite 221 Harrisburg, PA 17109 1 Phone 717-671-6400 (Please do not send mail to the Harrisburg address) Please visit www.sholijanlaw.com Johnson, Duffle, Stewart & Weidner By: John A. Staffer, Esquire I. D. No. 43812 Wade D. Manley, Esquire I.D. No. 97244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com LaCHRISTA J. SWEET-BLUE, Plaintiff V. Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - LAW JOSEPH C. SMITHEY and NO. 11-7905 CIVIL DAILY EXPRESS, INC., . Defendants JURY OF 12 PERSONS DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JOHNS DUFFIE, STEWART & WEIDNER By: John A. Statler, Esqui Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. DATE: Z 3 ?? Z 506660 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LaChrista J. Sweet-Blue Plaintiff File No. 11-7905 Civil vs. Joseph C. Smithey & Dailey Express, Inc, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Appalachian Orthopaedic Center, 1 Dunwoody Drive, Carlisle, PA 17015 (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: Copies of any and all medical records, office notes, physical therapy records, correspondence, radiology CD's/films, radiology reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to LaChrista Sweet-Blue, DOB: 11/14/1992; S.S. # xxx-xx-1611 from 10/18/2009-present. at Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) 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 advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS•,SIMPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler, Esquire ADDRESS: 301 Market Street POBox109 Lemoyne, PA 17043-0109 TELEPHONE: 717-7614540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants Date. Seal f the ourt BY THE COURT. Prothonotary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LaChrista J. Sweet-Blue Plaintiff . File No. 11-7905 Civil vs. Joseph C. Smithey & Dailey Express, Inc. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dunham Army Health clinic, 450 Gibner Road, Carlisle Barracks, PA 17013 (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: Copies of any and all medical records, office notes, physical therapy records, correspondence, radiology CD's/films, radiology reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to LaChrista Sweet-Blue, DOB: 11/14/1992; S.S. # xxx-xx-1611 from 1/1/2000-present. at Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) 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 advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving 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: John A. Staffer, Esquire ADDRES S: 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 TELEPHONE: 717-761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants Date. Seal o the Cou Y THE COUR . Prothonotary, Civil Division Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Notice Intent for LaChrista Sweet-Blue upon all parties or counsel of record by depositing a copy same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid G? the 2 r day of U ( , 2012, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Stat e , re Attorney I.D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Prerequisite for LaChrista Sweet-Blue upon all parties or counsel of record by depositing a co of same i tithe United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid the Z day of 5 , 2012, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. , Attorney I.D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Joseph C. Smithey and Daily Express, Ii SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff __ ~' `~ ~~n. F, s~ LaCHRISTA J. SWEET-BLUE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 11-7905 CIVIL JOSEPH C. SMITHEY and DAILY EXPRESS, INC., CIVIL ACTION -LAW Defendants JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Plaintiff, LaCHRISTA J. SWEET-BLUE, served Interrogatories and Requests for Production of Documents addressed to Defendant, DAILY EXPRESS, INC., pursuant to the Pennsylvania Rules of Civil Procedure, by First Class US mail, postage prepaid, on the 21St day of November, 2012. SHOLLENBERGER & JANUZZI, LLP Date: . ~ 20 ! Z By: Ka inuzzi, Esquire for Plaintiff SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff LaCHRISTA J. SWEET-BLUE, Plaintiff v. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants -;~-~ A, r , ~' r }~ `' ' , f i~~,$tJ ~;i. ;~f~F~F~SYI_'~;~I~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7905 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Plaintiff, LaCHRISTA J. SWEET-BLUE, served Interrogatories and Requests for Production of Documents addressed to Defendant, JOSEPH C. SMITHEY, pursuant to the Pennsylvania Rules of Civil Procedure, by First Class US mail, postage prepaid, on the 21 day of November, 2012. Date: 30 Z SHOLLEN ER & JANUZZI, LLP By: ~d'~lanuzzi, Esquire rney for Plaintiff