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HomeMy WebLinkAbout11-7906SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff CRYSTAL A. BLUE, Plaintiff V. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants C'CT 17 F I n. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6'v)'( 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 orfor 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 (am? $q Ck-? 17o4S SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff CRYSTAL A. 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 USTED 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 las 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 TAIL 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 CRYSTAL A. 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, CRYSTAL A. BLUE, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiff, CRYSTAL A. 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, CRYSTAL A. BLUE, was the owner and operator of a 2003 Mazda 6 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 Plaintiff on Exit ramp 6B as she 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 Plaintiff's vehicle had slowed or stopped in front of him and, as a result, struck Plaintiff's vehicle in the right rear. 11. As a result of the aforesaid incident, Plaintiff, CRYSTAL A. 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) headaches; (e) cervical spondylolsis; (f) lumbar joint dysfunction; (g) pelvic joint dysfunction; (h) sacral joint dysfunction; (i) severe shock to nerves and nervous system; Q) mental and physical anguish. 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, CRYSTAL A. 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, CRYSTAL A. BLUE, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, CRYSTAL A. BLUE, has suffered and may continue to suffer a loss of earning capacity for which damages are claimed. 3 15. As a further result of the aforesaid injuries, Plaintiff, CRYSTAL A. BLUE, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 16. As a further result of this collision, Plaintiff, CRYSTAL A. 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. 17. Defendant, JOSEPH C. SMITHEY, was operating a vehicle registered in another state at the time of this collision. Therefore, Plaintiff, CRYSTAL A. BLUE, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. COUNT I CRYSTAL A. BLUE v. JOSEPH C. SMITHEY 18. Paragraphs 1 through 17 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 19. 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. 20. 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, CRYSTAL A. BLUE. WHEREFORE, Plaintiff, CRYSTAL A. 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 CRYSTAL A. BLUE v. DAILY EXPRESS, INC. 21. Paragraphs 1 through 20 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 5 22. 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. 23. 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 manner whatsoever to any act or failure to act on the part of the Plaintiff, CRYSTAL A. BLUE. 6 WHEREFORE, Plaintiff, CRYSTAL A. 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 By: Kar J. Ja zzi, Esquire Attorney I.D. No. 65575 2225 Millennium Way Enola, PA 17025 717-728-3200 Dated: October 11, 2011 7 VERIFICATION I ??a -\ twt , hereby acknowledge that I am a Plaintiff in this action and that I have read the rK 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. Signatur Date: G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SETUPS)Werification.wpd SHOLLENBERGER & JANU2ZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1 e ; , 4rttr Jody S Smith Chief Deputy Richard W Stewart SolicitorFr-G,F - .-wRIFF `? ?E`f ?I Crystal A. Blue vs. Case Number Daily Express, Inc. 2011-7906 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 haurs, 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 sa e. WILLIAM CLINE, DEPU SHERIFF COST: $34.44 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Ceur;yS!.?it€ Sner'1. re,eoswl irr,. 114 0 i o C T Z, ??h l• .SO wu { uV Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com CRYSTAL A. BLUE, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH C. SMITHEY and NO. 11-7906 CIVIL DAILY EXPRESS, INC., Defendants JURY OF 12 PERSONS DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire and Wade D. Manley, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendants Joseph C. Smithey and Daily Express, Inc. in the above-captioned case. DATE: 465762 17960-27 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler_Esq ire Attorney I.D. No. 43812 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants ( r?r Joseph C. Smithey and Daily Express, Inc. CUM$Ei PER 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 Lemoyne, Pennsylvania, with first-class postage prepaid on the 2_?t day of a 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. Statlef_, sre Attorney 1. D. No. 430112 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. 1) 1-1 t; -_'.. i P 9 ?: 1 Johnson, Duffie, Stew Btt By: John A. Statler, Esquire ° `'` 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 Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. LaCHRISTA J. SWEET- BLUE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH C. SMITHEY and NO. 11-7906 CIVIL DAILY EXPRESS, INC., Defendants JURY OF 12 PERSONS DEMANDED NOTICE TO PLEAD TO: LaCHRISTA J. SWEET-BLUE, Plaintiff c/o KARL K. JANUZZI, ESQUIRE Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: DATE: (((q((( John A. Stafler, Esquire 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. Johnson, Duffie, 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 LaCHRISTA J. SWEET-BLUE, Plaintiff V. Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOSEPH C. SMITHEY and NO. 11-7905 CIVIL DAILY EXPRESS, INC., Defendants JURY OF 12 PERSONS DEMANDED ANSWER OF DEFENDANTS JOSEPH C. SMITHEY AND DAILY EXPRESS. INC. TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND NOW, come the Defendants, Joseph C. Smithey and Daily Express, Inc., by their attorneys, Johnson, Duffie, Stewart & Weidner. P.C., who file the following Answer and New Matter in response to the Plaintiff's Complaint: 1. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 2. Admitted. 3. Admitted. 4. Admitted. 5. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is admitted that Defendant Joseph C. Smithey was operating the tractor trailer within the course and scope of his business with Defendant Daily Express, Inc. 6. Admitted. 7. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 8. Admitted. 9. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 10. Denied as stated. It is admitted only that the Defendant's vehicle made contact with the rear of another vehicle. 11. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 12. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 13. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 14. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 15. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 16. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. COUNT I LaCrista J. Sweet-Blue v. Joseph C. Smithey 17. Defendant Joseph C. Smithey incorporates by reference his answers to the averments in paragraphs 1 through 16 of the Plaintiffs Complaint as if set forth at length. 18. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied tithe-- Defendant Joseph C. Smithey was negligent and denied that the aforesaid collision was a direct and proximate result of the negligence of Joseph C. Smithey in operating the 2000 Peterbuilt tractor trailer. By way of further answer, it is denied that Defendant Smithey operated the tractor trailer in a careless, reckless and negligent manner and denied that he: a. Drove 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 §3361 of the Pennsylvania Motor Vehicle Code; b. Drive his motor vehicle in careless disregard for the safety of persons or property in violation of §3714 of the Pennsylvania Motor Vehicle Code. C. Followed 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 Pennsylvania Motor Vehicle Code; d. Failed to operate the vehicle in accordance with existing traffic conditions and traffic controls; e. Failed to have the vehicle under proper and adequate control; f. Failed to apply the brakes in time to avoid the collision; g. Permitted or allowed the vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; and h. Failed to drive at a speed and in a manner that would allow Defendant to stop within the assured clear distance ahead. 19. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is specifically denied that the aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of Defendant Joseph C. Smithey. WHEREFORE, Defendant Joseph C. Smithey respectfully requests that Count I of the Plaintiff's Complaint be dismissed and that judgment be entered in favor of Defendant Smithey and against the Plaintiff with respect to Count I of the Complaint. COUNT II LaChrista J. Sweet-Blue v. Daily Express, Inc. 20. Defendant incorporates by reference the answers to the averments in paragraphs 1 through 19 of the Plaintiffs Complaint as if set forth at length. 21. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Daily Express, Inc. was negligent and denied that the aforesaid collision was the direct and proximate result of any negligence of Defendant Daily Express, Inc. or its agent, servant and/or employee, Joseph C. Smithey in the operation of the 2000 Peterbuilt tractor trailer. By way of further answer, it is denied that Mr. Smithey operated the tractor trailer in a careless, reckless and negligent manner and denied that he: a Drove at a speed greater than was reasonable and prudent under the conditions and having regard for 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 §3361 of the Pennsylvania Motor Vehicle Code; b. Drove his motor vehicle in careless disregard for the safety of persons or property in violation of §3714 of the Pennsylvania Motor Vehicle Code; C. Followed 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 Pennsylvania Motor Vehicle Code; d. Failed to operate the vehicle in accordance with existing traffic conditions and traffic control; e. Failed to have the vehicle under proper and adequate control; f. Failed to apply the brakes in time to avoid the collision; g. Permitted or allowed the vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; and h. Failed to drive at a speed and in a manner that would allow Defendant to stop within the assured clear distance ahead. 22. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the aforesaid incident was caused solely and exclusively by any wrongful and liability producing conduct on the part of Defendant Daily Express, Inc. acting through its agent, servant and/or employee, Joseph C. Smithey. WHEREFORE, Defendant Daily Express, Inc. respectfully requests that Count 11 of the Plaintiff's Complaint be dismissed and that judgment be entered in favor of Defendant Daily Express, Inc. and against the Plaintiff with respect to Count 11 of the Complaint. NEW MATTER By way of additional answer and reply, Defendants Joseph C. Smithey and Daily Express, Inc. raise the following New Matters: 23. Some or all of the Plaintiffs claims are barred in whole or in part by the applicable statute of limitations. 24. The Plaintiffs claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. A. §1701, et seq., and especially by §§1705 and 1722 of that law. 25. Some or all of the Plaintiffs claims are barred in whole or in part and/or are limited by the applicable laws from the State of South Carolina. 26. Discovery may reveal that some or all of the Plaintiff's alleged injuries and damages preexisted the date of the subject accident and were not caused or aggravated by the accident. 27. Discovery may reveal 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. Discovery may reveal that the Plaintiff has failed to mitigate her damages. WHEREFORE, Defendants Joseph C. Smithey and Daily Express, Inc. respectfully the Plaintiff's Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiff in this case JOHNSON, DUFFIE, STEWART & WEIDNER 044 By: John A. Sta ler, Esquire Attorney I.D' No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: Joseph C. Smithey and Daily Express, Inc. 465772 17960-27 I 11/04/2011 10:47 FAX 717 761 3015 Maw lJv':11uz VERIFICATION 1, JQSI=PH C. SMITHEY. hereby acknowledge that i am a Defendant In this action; that I hs Ve read the foregoing Anawor to Plaintiff's Complaint With New Matter, and that the facts stated therein are true end correct to the beat of my knowledge, information and belief. i ' I understand that any false statements herein are made subject to penalties of 18 Po. C.I.94904, relating to unswom falsification to authorlties_ J PH C. MITHEY i i DARE: 1, David Long , hereby acknowledge that Dailey Express, Inc. Is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer to Plaintiff's Complaint With Now Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements heroin are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. DAILY EXPRESS, INC. U'lo DATE: CERTIFICATE OF SERVICE I HEREBY CERTIFY that 1 served a true and correct copy of the foregoing Answer of Defendants Joseph C. Smithey and Daily Express, Inc. to Plaintiff's Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class 9*' da l ? postage prepaid on the y of /"off 2011, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER By: W Owl John A. St ler, Esquire 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. 11, ffv1 Johnson, Duffie, Stewart& Weidner By: John A. Statler, Esquire 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 CRYSTAL A. BLUE, V. Plaintiff 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. 11-7906 CIVIL JURY OF 12 PERSONS DEMANDED NOTICE TO PLEAD TO: CRYSTAL A. BLUE, Plaintiff c/o KARL K. JANUZZI, ESQUIRE Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: Wd"19 John A. St ler, Esquire DATE: (((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, Inc. Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire 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 Attorneys for Defendants Joseph C. Smithey and Daily Express, Inc. CRYSTAL A. BLUE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JOSEPH C. SMITHEY and NO. 11-7906 CIVIL DAILY EXPRESS, INC., Defendants JURY OF 12 PERSONS DEMANDED ANSWER OF DEFENDANTS JOSEPH C. SMITHEY AND DAILY EXPRESS. INC. TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND NOW, come Defendants Joseph C. Smithey and Daily Express, Inc., by their attorneys, Johnson, Duffie, Stewart & Weidner, P.C. who file the following Answer and New Matter in response to the Plaintiff's Complaint. 1. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that Defendant Joseph C. Smithey was operating the tractor trailer as part of his business relationship with Defendant Daily Express, Inc. 6. Admitted. 7. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 8. Admitted. 9. It is admitted only that Defendant Joseph C. Smithey was traveling behind another vehicle on Exit Ramp 6B from State Route 581 onto State Route 83 South on October 18, 2009 at approximately 11:13 a.m. 10. It is admitted only that the vehicle operated by Defendant Joseph C. Smithey made contact with the rear of another vehicle. 11. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries, losses and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 12. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries, losses and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 13. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries, losses and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 14. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries, losses and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 15. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries, losses and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 16. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries, losses and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 17. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is admitted that the vehicle operated by Defendant Smithey on October 18, 2009 was registered in another state. The balance of the averments are denied. COUNTI Crystal A. Blue v. Joseph C. Smithey 18. Defendant Joseph C. Smithey incorporates by reference his answers to the averments in paragraphs 1 through 17 of the Plaintiff's Complaint as if set forth at length. 19. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Defendant Joseph C. Smithey was negligent and denied that the aforesaid collision was a direct and proximate result of any negligence on the part of Joseph C. Smithey. It is further denied that Defendant Smithey was negligent in operating the 2000 Peterbuilt tractor trailer in a careless, reckless and negligent manner. It is further denied that Defendant Joseph C. Smithey: a. Drove 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 §3361 of the Pennsylvania Motor Vehicle Code; b. Drive his motor vehicle in careless disregard for the safety of persons or property in violation of §3714 of the Pennsylvania Motor Vehicle Code. C. Followed 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 Pennsylvania Motor Vehicle Code; d. Failed to operate the vehicle in accordance with existing traffic conditions and traffic controls; e. Failed to have the vehicle under proper and adequate control; f. Failed to apply the brakes in time to avoid the collision; g. Permitted or allowed the vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; and h. Failed to drive at a speed and in a manner that would allow Defendant to stop within the assured clear distance ahead. 20. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the aforesaid incident was caused solely and exclusively by any wrongful and liability producing conduct on the part of Defendant Joseph C. Smithey. WHEREFORE, Defendant Joseph C. Smithey respectfully requests that Count I of the Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant Smithey and against the Plaintiff with respect to Count I of the Complaint. COUNT II Crystal A. Blue v. Daily Express, Inc. 21. Defendant Daily Express, Inc. incorporates by reference the answers to the averments in paragraphs 1 through 20 of the Plaintiffs Complaint as if set forth at length. 22. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the aforesaid collision was the direct and proximate result of any negligence of Defendant Daily Express, Inc. acting through its agent, servant and/or employee, Joseph C. Smithey. It is further denied that Defendant Joseph C. Smithey was careless, reckless and negligent in operating the 2000 Peterbuilt tractor/trailer. By way of further answer, it is specifically denied that Defendant Joseph C. Smithey: a. Drove at a speed greater than was reasonable and prudent under the conditions and having regard for 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 §3361 of the Pennsylvania Motor Vehicle Code; b. Drove his motor vehicle in careless disregard for the safety of persons or property in violation of §3714 of the Pennsylvania Motor Vehicle Code; C. Followed 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 Pennsylvania Motor Vehicle Code; d. Failed to operate the vehicle in accordance with existing traffic conditions and traffic control; e. Failed to have the vehicle under proper and adequate control; f. Failed to apply the brakes in time to avoid the collision; g. Permitted or allowed the vehicle to strike and collide with the rear of the vehicle operated by the Plaintiff; and h. Failed to drive at a speed and in a manner that would allow Defendant to stop within the assured clear distance ahead. 23. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the aforesaid incident was caused solely and exclusively by any wrongful and liability producing conduct on the part of Defendant Daily Express, Inc. acting through its agent, servant and/or employee, Joseph C. Smithey. WHEREFORE, Defendant Daily Express, Inc. respectfully requests that Count II of the Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant Daily Express, Inc. and against the Plaintiff with respect to Count II of the Complaint. NEW MATTER By way of additional answer and reply, Defendants Joseph C. Smithey and Daily Express, Inc. raise the following New Matters: 24. Some or all of the Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. 25. The Plaintiffs claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. A. §1701, et seq., and especially by §§1705 and 1722 of that law. 26. Some or all of the Plaintiffs claims are barred in whole or in part and/or are limited by the applicable laws from the State of South Carolina. 27. Discovery may reveal that some or all of the Plaintiffs alleged injuries and damages preexisted the date of the subject accident and were not caused or aggravated by the accident. 28. Discovery may reveal that some or all of the Plaintiffs alleged injuries and damages were caused or aggravated by events or occurrences that occurred subsequent to the date of the subject accident. 29. Discovery may reveal that the Plaintiff has failed to mitigate her damages. WHEREFORE, Defendants Joseph C. Smithey and Daily Express, Inc. respectfully the Plaintiffs Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiff in this case DATE: ll(glla 465822 17960-27 JOHNSON, DUFFIE, STEWART & WEIDNER By: W Owt, l John . Statle , Esquire Attorney I. D. .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. 1,1/04/2011 10;46 FAX 717 761 3013 JUSH Z012/022 L: i M, I I, JOSEPH C. SMITH EY, hereby acknowledge that I am a defendant lit this action; that i have read the foregoing Answer to Plaintiffs Complaint Vft New Matter, and that the facts stated therein are true and correct to the best of my knowledge, information and belief, understand that any false statamOnts herein are made subject to penalties of is Pa. C, S. WK relatrng to unswom falsification to authorities. `44SERH C, X WHEY DATE: 11 David Long , hereby acknowledge that Dailey Express, Inc. is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Anwar to Plaintiff's Complaint With New Matter; and that the facts stated therein 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 unswom falsification to authorities. By: DATE: DAILY EXPRESS, INC. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer of Defendants Joseph C. Smithey and Daily Express, Inc. to Plaintiff's Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the Q day of 1` V kmN , 2011, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER By: W N UA4, \ John A. Statler, squire 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. a SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CRYSTAL A. BLUE, Plaintiff V. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants FILE-0-0FF10E OF THE PROTHONOTARY 2011 DEC 27 PM 2: 30 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7906 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANTS AND NOW comes the Plaintiff, CRYSTAL A. BLUE, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the Defendants' New Matter as follows: 24-26. The averments set forth in paragraphs 24 through 26 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 24-26 of the Defendants' New Matter are hereby denied. 27. 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. 28. 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. 29. Denied. It is specifically denied that Plaintiff has failed to mitigate her damages. WHEREFORE, Plaintiff, CRYSTAL A. BLUE, respectfully requests Your Honorable Court strike the New Matter of Defendants and enter judgment in her favor. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Karl fyl nuzzi, Esquire Attor .D. No. 65575 2225 ennium Way Enol , 17025 71 7-728-3200 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 CRYSTAL A. BLUE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants NO. 11-7906 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this?y day of December, 2011, 1 hereby certify that I have served a true and correct copy of Plaintiff's Reply to New Matter of Defendant by United States mail, postage prepaid, addressed to: John A. Statler, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respectfully Submitted, SHOLLENBERGER & JANUZZI, LLP By: rl 4 at(uzzi, Esq., or y for Plaintiffs itoL It c PfZOTill ONOMfi 2012AU,c -3 PM 2: 12 11MBERLAND COUNTY PENNSYLVANIA Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire 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 Attorneys for Defendants Joseph C. Smithey and Daily Express, I CRYSTAL A. BLUE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVAN V. : CIVIL ACTION - LAW JOSEPH C. SMITHEY and NO. 11-7906 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 were mailed or delivered to each party at least 20 days prior to the date on which the su were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to tf?is certificate; 3) PLAINTIFF'S COUNSEL HAS WAIVED THE 20 DAYS AND SAID WAIVER ATTACHED; and 4) The subpoenas to be served are subpoen ached to the Notice Intent. By: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street Lemoyne, PA 17043-0109 Q, Telephone (717) 761-4540 DATE: L (L t v Attorneys for Defendants 508052 SHOLLENBER..ER S. NUZZI, LLr Attorneys )Law Writer's Direct e-mail -- kjj@sholljanlaw.com July 31, 2012 John A. Statler, Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 TIMOTHY A. SHOLLENBERGER, ESQ. KARL J. JANIizzi, ESQ. ADAM T. WO)LFE, ESQ. R c TVC-D A06 o i 2o,2 Re: Blue v Smithey and Daily Express, Inc.; No 11-7906 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) Cumberland Valley Pain Management. 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. Very 1 yours, Karl uzzi KJJ .-Jr cc: Crystal Blue MAIN OFFICE: 2225 Millennium Way Enola, PA 17025 Phone 717-728-3200 1 Fax 717-728-3400 Toll Free 800- HARRISBURG OFFICE: 4811 Jonestown Road, Suite 221 Harrisburg, PA 17109 Phone 717-671-6400 (Please do not send mail to the Harrisburg address) Please visit www.sholijanlaw.com 1368 Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire 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 CRYSTAL A. BLUE, Plaintiff V. Attorneys for Defendants Joseph C. Smithey and Daily Express, I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV, CIVIL ACTION - LAW JOSEPH C. SMITHEY and NO. 11-7906 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 or record and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served. JOH ON, DUFFIE, STEWART & WEIDNER By: John A. Statler;'Esoire 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. I IA DATE: /L 3 1 Z 506659 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Crystal Blue Plaintiff File No. 11-7906 Civil Vs. Joseph C. Smithey & Dailey Express, Inc. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland Valley Pain Management, 5 Tyler Court, 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 Crystal Blue, DOB: 02/09/1973; S.S. # xxx-xx-6198 from 6/16/2010-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. Statler, Esquire ADDRESS: 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 TELEPHONE: 717-761-4540 SUPREME COURT ID # 43912 ATTORNEY FOR: Defendants Date: .; ox" Seal f the C urt / COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Crystal Blue Plaintiff File No. 11-7906 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 Crystal Blue, DOB: 02/09/1973; S.S. 4 xxx-xx-6198 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: NAlv1E• John A. Stadet, Esquire ADDRESS: 301 Market Street, Po sax 109 _ Lemoyne, PA 17043-0109 TELEPHONE: 717-761-4540 SUPREME COURT ID # 43912 ATTORNEY FOR: Defendants THE Prothonotary, Civil ivision Dath Seal f the Court Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that 1 served a true and correct copy of the foregoing Notice Intent for Crystal Blue upon all parties or counsel of record by depositing a copy of same in United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2 of LA t , 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. Statler, Esquir 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 I HEREBY CERTIFY that I served a true and correct copy of the foregoing Prerequisite for Crystal Blue upon all parties or counsel of record by depositing a copy of sar?ie in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on t h? . 2 day of 2012, addressed to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millenium Way Enola, PA 17025 J HNSON, DUFFIE, STEWART & WEIDNER ti By: John A. Statler, Esquire 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. It SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CRYSTAL A. BLUE, Plaintiff v. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants ~.._ ~.i ~~ ._ i ~.,~ .._,t_ .. ... ~.,, e JL.21,i..t-h~lJ lrlJUll i~ ,_,~~~~:~YL~~~~l~l,~ ~~~: ~., v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7906 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Plaintiff, CRYSTAL A. 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. SHOLLENB Date: •~l ~ 7- By: ER & JANUZZI, LLP j~,rf~. Januzzi, Esquire Attorney for Plaintiff ~. ,~- , SHOLLENBERGER & JANUZZI, LLP , ,~ ,~('*~,~ ,,/('~ ~, /f~ ,.}, 2225 Millennium Way Enola, Pennsylvania 17025 ;~•;r~~ ~~ r~E~i1 C~3Ul~T'; Telephone Number: (717) 728-3200 ~`~'''~~_~ ~~'!-~'~~1~'~. Fax Number: (717) 728-3400 Attorneys for Plaintiff CRYSTAL A. BLUE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH C. SMITHEY and DAILY EXPRESS, INC., Defendants NO. 11-7906 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Plaintiff, CRYSTAL A. 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. SHOLLENBERCyE~]& JANUZZI, LLP Date: • ~ o~l ~/ By: Karl Januzzi, Esquire A rney r Plaintiff