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HomeMy WebLinkAbout12-0228SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?gyt?N?!' u1 Uuar?be?f???rY Jody S Smith Chief Deputy Richard W Stewart Solicitor r, rp?c E :: Tn _ 2M FEB -6 Ali 9: 13 h!NSYLVAt ' ? Britney Atherton vs. Derek B. Porter (et al.) Case Number 2012-228 SHERIFF'S RETURN OF SERVICE 01/26/2012 06:45 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1845 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Philip D. Carey, by making known unto himself personally, at 620 Wilson Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY 01/27/2012 02:00 PM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on January 27, 2012 at 1400 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Derek B. Porter, by making known unto himself personally, at The Cumberland County Sheriff's Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 4-?? "?- J:S/W VIO L, DEPUTY SHERIFF COST: $50.45 S ER S, January 30, 2012 RON R ANDERSON, SHERIFF (c} CoumvStme Shed T ei-oso't. Ind. BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com BRITNEY ATHERTON vs. DEREK B. PORTER AND PHILIP D. CAREY M CO U1 v ; CG Attorneys for C; ? r; Defendants > N r=+{. Derek B. Porter and Cri me Philip D. Carey CY) File No. 34025.4-00029 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-228 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendants, Derek B. Porter and Philip D. Carey, in the above-captioned matter. Date: C2 4arry. ELSTEIN al ID# 55672 351 0 Trindle Road Camp Hill, PA 17011 717-975-81 14 Attorney for Defendants Derek B. Porter and Philip D. Carey CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ,?, day of 2012, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Deborah L. Packer, Esquire Ganley Law Offices 1809 E. Main Street Waynesboro, PA 17268 MARGOLIS EDELSTEIN By: ?J?1 Carol Moose Wundir\I Kemper`,34025.4-00029 Atherton v. Porter\Pleadings\EOA.2-16-12.wpd BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com G'} na , fflM --, fT=F __a r1 ch Attorneys for C`1 ??-rs Defendants Derek B. Porter and Philip D. Carey `;? sr} File No. 34025.4-00029 - BRITNEY ATHERTON VS. DEREK B. PORTER AND PHILIP D. CAREY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-228 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros MARGO EDELSTEIN Date: l Z thal ID# 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Defendants Derek B. Porter and Philip D. Carey TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. DATE: 3?5?1a 7L Prothonotary, Cumberland County CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ? day of A:, i1-6?? , 2012, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Deborah L. Packer, Esquire Ganley Law Offices 1809 E. Main Street Waynesboro, PA 17268 By MAR GOLIS EDELSTEIN Carol Moose M:'dndirAI KemperA74025.4-00029 Atherton v. PorterAPleadings\Rule to File. 2-16-12.wpd BARRY A. KRONTHAL, ESQUIRE s C i ; , U J°'? O,: f Pa. Supreme Court I.D. No. 55672 TrndleRDaLSTEIN 7 3510 Cd2APR C4 12 r. i r ,a Camp Hill, PA 17011 : t CRS Telephone: (717) 975-8114 i?sLd ???? I Attorneys for Facsimile: (717) 975-8124 A A Defendants E-Mail: bkronthal@margolisedelstein.com Derek B. Porter and Philip D. Carey File No. 34025.4-00029 BRITNEY ATHERTON COURT OF COMMON PLEAS CUMBERLAND COUNTY, VS. PENNSYLVANIA DEREK B. PORTER AND NO. 12-228 PHILIP D. CAREY CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE Kindly file the attached Certificate of Service of the Rule to File Complaint of Defendants, Derek B. Porter and Philip D. Carey. Date: a MARGOLIS RDELSTEIN Barry A. onthal ID# 556 2 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Defendants BRITNEY ATHERTON, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 12-228 rn Cu V. .. ?. rT7-:.. CIVIL ACTION-LAW T DEREK B. PORTER AND r--.- -- `" PHILIP D. CAREY, -r -y Defendant JURY TRIAL DEMANDED c F-- a ; - r c-; . {= =; m .r v ;e- ?n 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 by or before June 14, 2012, which represents forty five (45) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims or relief requested by the plaintiff. You may also 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, CONTACT THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, PA 17013 Telephone No.: (717) 249-3166 W OFFICES By A orn No.: 6212 1809 Ea ain Street Waynesboro, PA 17268 (717) 765-8283 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de o antes de Junio 14 del 2012, to cual representa cuarenta y cinco (45) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objections a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin used y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derecthos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENE OFICINA. ESTAT OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, PA 17013 Telephone No.: (717) 249-3166 THE LA OFFICES OF CH LES GANLEY, LLC B? .,4_ 1Qebor L. P keel A to ey I. No.: 36212 1809 ast Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff BRITNEY ATHERTON, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 12-228 V. DEREK B. PORTER AND PHILIP D. CAREY, Defendant CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT NOW COMES the Plaintiff, Britney Atherton by and through her attorney, Deborah L. Packer, Esquire of GANLEY LAW OFFICES, and states the following cause of action against the Defendants: 1. The Plaintiff is Britney Atherton, a sui juris adult individual currently residing at 101 Washington Lane, Apt. N131, Jenkintown, and Montgomery County, Pennsylvania 19046. 2. The Defendant is Derek B. Porter, a sui juris adult individual with last known residing address of 620 Wilson St., Carlisle, Cumberland County, Pennsylvania 17013. The Defendant is Philip D.Carey, a sui juris adult individual with a last known residing address of 620 Wilson St., Carlisle, and Cumberland County, Pennsylvania, 17013. 3. On or about February 5, 2010, Plaintiff was a restrained front seat passenger traveling east on Walnut Bottom Rd. in Shippensburg Township, Cumberland County Pennsylvania. The vehicle the Plaintiff was traveling in was owned and operated by Amber Grenke of 4075 Bullit Rd., Greencastle, PA. 1725 and was stopped at a red traffic signal. 4. On or about February 5, 2010, Defendant Porter was operating a motor vehicle, owned by Defendant Carey, and traveling east on Walnut Bottom Road in Shippensburg Township, Cumberland County Pennsylvania, approaching the traffic signal where Ms. Gremke's vehicle was stopped awaiting the traffic signal to turn green. 5. At approximately 1:23 a.m. on that date, and at the aforementioned place, as the Plaintiff's vehicle began to accelerate after the light had changed to green, Defendant failed to stop and/or slow down and struck the rear end of the vehicle in which the Plaintiff was a passenger, causing Defendants vehicle to violently impact with Ms. Gremke's vehicle. It is believed and therefore averred that Defendant Porter was operating the vehicle of Defendant Carey at his request and for his purpose. 6. The impact of the collision was of such force that, despite being a restrained driver, Plaintiff was thrown about the vehicle. Plaintiff struck her head on the dashboard and her knee on the glove box. Her entire body was pushed forward and twisted to the left. Plaintiff had to be cut out of the vehicle and was taken by ambulance to Chambersburg Hospital. 7. The vehicle Plaintiff was traveling in was a total loss. 8. A writ of summons was issued on January 19, 2012 against said Defendants and timely served by the Cumberland County Sheriff. COUNT I: NEGLIGENCE 9. Paragraphs 1 through 8 is incorporated herein by reference as if each has been set forth in full hereunder. As a direct and proximate result of the aforementioned collision and Defendant's negligence, Plaintiff sustained personal injuries including- (a) neck pain and spasms; (b) head pain and continuing headaches; (c) mid and low back pain, swelling, and spasms; (d) lower abdominal and pelvic pain; (e) sleep disturbance; (f) left knee and leg pain and muscle cramps; (g) initial dizziness; (h) initial nausea (i) sensitivity to temperature; 0) can no longer drive comfortably for any distance; (k) limitations in her ability to sit, stand and walk; (1) anxiety and depression 10. The injuries that the Plaintiff sustained as a direct and proximate result of the aforementioned negligence of the Defendant required the Plaintiff to undergo extensive chiropractic treatment, physical therapy, and treatment from her primary health care provider. 11. The Plaintiff continues to treat with health care providers as a result of the injuries she sustained in the aforementioned automobile accident, some of which are serious and may be permanent. 12. Defendant's negligent, reckless, careless, and unsafe operation of his vehicle was the direct and proximate cause of Plaintiff's aforementioned injuries. 13 The Defendant breached his duty of care by operating his vehicle in a negligent, careless, reckless, and unsafe manner which includes the following conduct: (a) Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) Failure to take reasonable, evasive action to avoid the accident; (c) Failure to keep proper and adequate control over his vehicle; (d) Driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (e) Otherwise failing to act with reasonable care under the circumstances. 14. Defendant's violation of Section 3361 of the Pennsylvania Motor Vehicle Code, a statute designed to prevent the very harm the Plaintiff sustained, makes Defendant's conduct negligence per se. 15. As a result of Defendant's negligence, Plaintiff was forced to incur medical treatment for the above mentioned injuries, medications and similar expenses in an effort to restore herself to health, and will be forced to incur additional medical treatment and expenses in the future, and her claim is hereby made therefore. 16. As a result of the aforementioned injuries, Plaintiff has undergone great physical pain and suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and her claim is hereby made therefore. 17. Further, as a direct and proximate result of the aforementioned injuries, Plaintiff incurred wage loss as a direct and proximate result of her injuries due to the negligence of the Defendants. 18. The Plaintiff has suffered and continues to suffer physical and mental distress as a direct result of negligent, careless and reckless conduct by the Defendant and it is believed and therefore averred that she will suffer some permanent physical distress as a result of Defendants conduct. 19. Defendants conduct also constitutes reckless disregard for the rights of the Plaintiff and Defendants conduct has led directly to the permanent injuries sustained by the Plaintiff. 20. Also as a direct and proximate result of her injuries, it is averred that Plaintiff sustained serious future wage loss, as the injuries she sustained in this motor vehicle accident led to her termination from her time of injury position and precluded her from advancing in her career in a timely fashion.. 21. Plaintiff has incurred out-of-pocket expenses as well as additional damages because of Defendants negligence. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), reflecting compensatory and economic damages, interest, costs, and delay damages. Inasmuch as said claim is in excess of the jurisdictional amount at 9th Jud. Dist. C.R. Rule 39-1301, requiring compulsory arbitration, Plaintiff demands a trial by jury. Respectfully submitted, GANLEY LAW OFFICES B Debloj6h L. lyackdr ?Attey :36212 180 Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff Gmail - FW: COMPLAINT VERIFICATION Page 13 of 16 The foregoing document is based upon information that has been gathered by my counsel in the preparation of this litigation. The language of the document is that of my counsel and not my own. I have read the document, and to the extent that the document is based upon information that I have given to my counsel, it is true to the best of my knowledge, information and belief. To the extent that the content of this document is that of counsel, I have relied upon counsel in making this verification. I verify that the facts set forth in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: https://mail.google.com/mail/h/k5xc3 ggzoiuO/?&v=pt&th=1367d8df3aO25581 4/4/2012 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN ; IL •; 3510 Trindle Road Camp Hill, PA 17011 D CC Telephone: 717 975-8114 t Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants Derek B. Porter and Philip D. Carey File No. 34025.4-00029 BRITNEY ATHERTON VS. DEREK B. PORTER AND PHILIP D. CAREY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-228 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS, DEREK B. PORTER AND PHILIP D. CAREY, TO THE COMPLAINT OF PLAINTIFF, BRITNEY ATHERTON AND NOW, comes Defendants, Derek B. Porter and Philip D. Carey (collectively referred to as "Defendants") by and through their counsel, Margolis Edelstein, and hereby files these Preliminary Objections to the Complaint of Plaintiff, Britney Atherton ("Plaintiff'), averring the following in support thereof: 1. Pursuant to a Rule to File Complaint, Plaintiff filed a Complaint on or about April 30, 2012. A copy of Plaintiff s Complaint is attached hereto, made a part hereof and marked as Exhibit "A." 2. Defendants now files the instant Preliminary Objections, pursuant to Pa.R.C.P. Nos. 1028(a)(2),(3),(4). 3. Pa.R.C.P. Nos. 1028(a)(2), (3), and (4) state the following: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court . . . (3) insufficient specificity in a pleading; (4) legal insufficiency of a pleading (demurrer). Id. 4. Defendants now files these instant Preliminary Objections pursuant to the aforementioned rules, in order to address deficiencies contained in the Complaint. 1. PRELIMINARY OBJECTION, PURSUANT TO Pa. R.C.P. No. 1028(a)(3) FO INSUFFICIENT SPECIFICITY IN A PLEADING (CONNOR OBJECTIONS). 5. Paragraphs 1 through 4 are incorporated herein by reference as though set forth fully at length. 6. In paragraph 13 of her Complaint, Plaintiff alleges the following: The Defendant breached his duty of care by operating his vehicle in a negligent, careless, reckless, and unsafe manner which includes the following conduct: (d) Driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor vehicle Code of the Commonwealth of Pennsylvania; (e) Otherwise failing to act with reasonable care under the circumstances. Id. 7. Paragraphs 13(d) and (e) are mere boilerplate allegations of negligence, which do not apprise Defendants of what they allegedly did wrong. 8. As discussed in the seminal case of Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A. 2d 600 (1983), do not provide Defendants with the information necessary to prevent a later amplification to add new theories of negligence and to be able to properly answer and defend against the same. WHEREFORE, Defendants, Derek B. Porter and Philip D. Carey, respectfully request that Paragraphs 13(d) and (e) of Plaintiff's Complaint be stricken. Alternatively, it is respectfully requested that Plaintiff be ordered to amend her Complaint to specifically address the content of this objection. Il. PRELIMINARY OBJECTION, PURSUANT TO Pa. R.C.P. Nos. 1028(a)(2 and (4) FOR FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT AND/OR LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER). 9. Paragraphs 1 through 8 are incorporated herein by reference as though set forth fully at length. 10. In Paragraphs 12, 13 and 18 of Plaintiff s Complaint, she uses the term "reckless" to describe Defendants' alleged conduct. 11. In Paragraph 19 of her Complaint, Plaintiff contends that: Defendants conduct also constitutes reckless disregard for the rights of the Plaintiff and Defendants conduct has led directly to the permanent injuries sustained by the Plaintiff. Id. 12 The term "reckless" in these paragraphs, along with Paragraph 19 in its entirety, can be interpreted at a later date to imply a claim for punitive damages. 13 To assess whether punitive damages are warranted, the state or mind of the actor is vital. The act or failure to act must be intentional, reckless and malicious. 14. There are no facts contained in the Complaint that would support a claim for punitive damages. 15. As such, the "reckless" terminology in Paragraphs 12, 13 and 18 of Plaintiff's Complaint must be stricken, along with Paragraph 19, in its entirety. WHEREFORE, Defendants, Derek B. Porter and Philip D. Carey, respectfully requests that the "reckless" terminology contained in Paragraphs 12, 13 and 18 of Plaintiff's Complaint be stricken, and Paragraph 19 must be stricken in its entirety. Date: ! 0 a? ??. MARGOLIS Barry A thal ID# 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this 10 day of , 2012, served a true and correct copy of the foregoing upon the person(s) and in t manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Deborah L. Packer, Esquire Ganley Law Offices 1809 E. Main Street Waynesboro, PA 17268 MARGOLIS EDELSTEIN By: "1'- Carol Moose 7--/ 10 BRITNEY ATHERTON, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-228 V. DEREK B. PORTER AND PHILIP D. CAREY, Defendant : 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 by or before June 14, 2012, which represents forty five (45) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims or relief requested by the plaintiff. You may also 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, CONTACT THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, PA 17013 Telephone No.: (717) 249-3166 GANLEY-JLAW OFFICES By A orn Vhmi S?t;2 t reet Waynesboro, PA 17268 (717) 765-8283 AVISO USTED HA SIDO DEMANDADO/A 'EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de o antes de Junio 14 del 2012, to cual representa cuarenta y cinco (45) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin used y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derecthos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENE OFICINA. ESTAT OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, PA 17013 Telephone No.: (717) 249-3166 THE LAW a0FFj&C-S C FIARZE9E. Y, LLC By Debor L. Packe Attorney I.D. No.: 36212 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff BRITNEY ATHERTON, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-228 V. DEREK B. PORTER AND PHILIP D. CAREY, Defendant CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT NOW COMES the Plaintiff, Britney Atherton by and through her attorney, Deborah L. Packer, Esquire of GANLEY LAW OFFICES, and states the following cause of action against the Defendants: 1. The Plaintiff is Britney Atherton, a sui juris adult individual currently residing at 101 Washington Lane, Apt. N131, Jenkintown, and Montgomery County, Pennsylvania 19046. 2. The Defendant is Derek B. Porter, a sui juris adult individual with last known residing address of 620 Wilson St., Carlisle, Cumberland County, Pennsylvania 17013. The Defendant is Philip D.Carey, a sui juris adult individual with a last known residing address of 620 Wilson St., Carlisle, and Cumberland County, Pennsylvania, 17013. 3. On or about February 5, 2010, Plaintiff was a restrained front seat passenger traveling east on Walnut Bottom Rd. in Shippensburg Township, Cumberland County Pennsylvania. The vehicle the Plaintiff was traveling in was owned and operated by Amber Grenke of 4075 Bullit Rd., Greencastle, PA. 1725 and was stopped at a red traffic signal. 4. On or about February 5, 2010, Defendant Porter was operating a motor vehicle, owned by Defendant Carey, and traveling east on Walnut Bottom Road in Shippensburg Township, Cumberland County Pennsylvania, approaching the traffic signal where Ms. Gremke's vehicle was stopped awaiting the traffic signal to turn green. 5. At approximately 1:23 a.m. on that date, and at the aforementioned place, as the Plaintiffs vehicle began to accelerate after the light had changed to green, Defendant failed to stop and/or slow down and struck the rear end of the vehicle in which the Plaintiff was a passenger, causing Defendants vehicle to violently impact with Ms. Gremke's vehicle. It is believed and therefore averred that Defendant Porter was operating the vehicle of Defendant Carey at his request and for his purpose. 6. The impact of the collision was of such force that, despite being a restrained driver, Plaintiff was thrown about the vehicle. Plaintiff struck her head on the dashboard and her knee on the glove box. Her entire body was pushed forward and twisted to the left. Plaintiff had to be cut out of the vehicle and was taken by ambulance to Chambersburg Hospital. 7. The vehicle Plaintiff was traveling in was a total loss. 8. A writ of summons was issued on January 19, 2012 against said Defendants and timely served by the Cumberland County Sheriff. COUNT I: NEGLIGENCE 9. Paragraphs 1 through 8 is incorporated herein by reference as if each has been set forth in full hereunder. As a direct and proximate result of the aforementioned collision and Defendant's negligence, Plaintiff sustained personal injuries including- (a) neck pain and spasms; (b) head pain and continuing headaches; (c) mid and low back pain, swelling, and spasms; (d) lower abdominal and pelvic pain; (e) sleep disturbance; (f) left knee and leg pain and muscle cramps; (g) initial dizziness; (h) initial nausea (i) sensitivity to temperature; 0) can no longer drive comfortably for any distance; (k) limitations in her ability to sit, stand and walk; (1) anxiety and depression 10. The injuries that the Plaintiff sustained as a direct and proximate result of the aforementioned negligence of the Defendant required the Plaintiff to undergo extensive chiropractic treatment, physical therapy, and treatment from her primary health care provider. 11. i The Plaintiff continues to treat with health care providers as a result of the injuries she sustained in the aforementioned automobile accident, some of which are serious and may be permanent. 12. Defendant's negligent, reckless, careless, and unsafe operation of his vehicle was the direct and proximate cause of Plaintiff's aforementioned injuries. 13. The Defendant breached his duty of care by operating his vehicle in a negligent, careless, reckless, and unsafe manner which includes the following conduct: (a) Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) Failure to take reasonable, evasive action to avoid the accident; (c) Failure to keep proper and adequate control over his vehicle; (d) Driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (e) Otherwise failing to act with reasonable care under the circumstances. 14. Defendant's violation of Section 3361 of the Pennsylvania Motor Vehicle Code, a statute designed to prevent the very harm the Plaintiff sustained, makes Defendant's conduct negligence per se. 15. As a result of Defendant's negligence, Plaintiff was forced to incur medical treatment for the above mentioned injuries, medications and similar expenses in an effort to restore herself to health, and will be forced to incur additional medical treatment and expenses in the future, and her claim is hereby made therefore. 16. As a result of the aforementioned injuries, Plaintiff has undergone great physical pain and suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and her claim is hereby made therefore. 17. Further, as a direct and proximate result of the aforementioned injuries, Plaintiff incurred wage loss as a direct and proximate result of her injuries due to the negligence of the Defendants. i 18. The Plaintiff has suffered and continues to suffer physical and mental distress as a direct result of negligent, careless and reckless conduct by the Defendant and it is believed and therefore averred that she will suffer some permanent physical distress as a result of Defendants conduct. 19. Defendants conduct also constitutes reckless disregard for the rights of the Plaintiff and Defendants conduct has led directly to the permanent injuries sustained by the Plaintiff. 20. Also as a direct and proximate result of her injuries, it is averred that Plaintiff sustained serious future wage loss, as the injuries she sustained in this motor vehicle accident led to her termination from her time of injury position and precluded her from advancing in her career in a timely fashion.. 21. Plaintiff has incurred out-of-pocket expenses as well as additional damages because of Defendants negligence. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), reflecting compensatory and economic damages, interest, costs, and delay damages. Inasmuch as said claim is in excess of the jurisdictional amount at 9m Jud. Dist. C.R. Rule 39-1301, requiring compulsory arbitration, Plaintiff demands a trial by jury. Respectfully submitted, CrANT.FV T AW OPPTf FQ B Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff Gmail - FW: COMPLAINT VERIFICATION "'age 13 of 16 The foregoing document is based upon information that has been gathered by my counsel in the preparation of this litigation. The language of the document is that of my counsel and not my own. I have read the document, and to the extent that the document is based upon information that 1 have given to my counsel, it is true to the best of my knowledge, information and belief. To the extent that the content of this document is that of counsel, I have relied upon counsel in making this verification. I verify that the facts set forth in the foregoing document are true and correct. I understar?u that false statements herein are made subject to the penalties of 138 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 7/ https://mail.google.com/mail/h/k5xc3ggzoiuO/?&v=pt&th=1367d8df3aO25581 4/4/2012 BRITNEY ATHERTON, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA = E Plaintiff No. 12-228 ' ' :.. V. CIVIL ACTION-LAW DEREK B. PORTER AND rt y PHILIP D. CAREY, ; Defendant 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 by or before Ju'-:Y ,?'31Aot - , which represents forty five (45) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims or relief requested by the plaintiff. You may also 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, CONTACT THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, PA 17013 Telephone No.: (717) 249-3166 GANLEY LAW OFFICES f I By DeboraW L. Pac r, Attorney 6212 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de o antes de -70LI0 d3 del go1,? jo,cual representa cuarenta y cinco (45) dias despues de la notificacion de esta Demancia y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin used y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derecthos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO iNMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENE OFICINA. ESTAT OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, PA 17013 Telephone No.: (717) 249-3166 THE LAIW'OFFICES OF CHIES- '. GANLEY, LLC L. No.: 36212 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff BRITNEY ATHERTON, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 12-228 V. CIVIL ACTION-LAW DEREK B. PORTER AND PHILIP D. CAREY, Defendant JURY TRIAL DEMANDED AMENDED COMPLAINT NOW COMES the Plaintiff, Britney Atherton by and through her attorney, Deborah L. Packer, Esquire of GANLEY LAW OFFICES, and states the following cause of action against the Defendants: 1. The Plaintiff is Britney Atherton, a sui juris adult individual currently residing at 101 Washington Lane, Apt. N131, Jenkintown, and Montgomery County, Pennsylvania 19046. 2. The Defendant is Derek B. Porter, a sui juris adult individual with last known residing address of 620 Wilson St., Carlisle, Cumberland County, Pennsylvania 17013. The Defendant is Philip D.Carey, a sui juris adult individual with a last known residing address of 620 Wilson St., Carlisle, and Cumberland County, Pennsylvania, 17013. 3. On or about February 5, 2010, Plaintiff was a restrained front seat passenger traveling east on Walnut Bottom Rd. in Shippensburg Township, Cumberland County Pennsylvania. The vehicle the Plaintiff was traveling in was owned and operated by Amber Grenke of 4075 Bullit Rd., Greencastle, PA. 1725 and was stopped at a red traffic signal. 4. On or about February 5, 2010, Defendant Porter was operating a motor vehicle, owned by Defendant Carey, and traveling east on Walnut Bottom Road in Shippensburg Township, Cumberland County Pennsylvania, approaching the traffic signal where Ms. Gremke's vehicle was stopped awaiting the traffic signal to turn green. 5. At approximately 1:23 a.m. on that date, and at the aforementioned place, as the Plaintiff's vehicle began to accelerate after the light had changed to green, Defendant failed to stop and/or slow down and struck the rear end of the vehicle in which the Plaintiff was a passenger, causing Defendants vehicle to violently impact with Ms. Gremke's vehicle. It is believed and therefore averred that Defendant Porter was operating the vehicle of Defendant Carey at his request and for his purpose. 6. The impact of the collision was of such force that, despite being a restrained driver, Plaintiff was thrown about the vehicle. Plaintiff struck her head on the dashboard and her knee on the glove box. Her entire body was pushed forward and twisted to the left. Plaintiff had to be cut out of the vehicle and was taken by ambulance to Chambersburg Hospital. 7. The vehicle Plaintiff was traveling in was a total loss. 8. A writ of summons was issued on January 19, 2012 against said Defendants and timely served by the Cumberland County Sheriff. COUNT I: NEGLIGENCE BRITNEY ATHERTON v. DEREK B. PORTER AND PHILIP D. CAREY 9. Paragraphs 1 through 8 is incorporated herein by reference as if each has been set forth in full hereunder. The above accident was the result of the negligence of the Defendants, and was in no way caused or contributed to by any conduct on behalf of the Plaintiff. As a direct and proximate result of the aforementioned collision and Defendants negligence, Plaintiff sustained personal injuries including- (a) neck pain and spasms; (b) head pain and continuing headaches; (c) mid and low back pain, swelling, and spasms; (d) lower abdominal and pelvic pain; (e) sleep disturbance; (f) left knee and leg pain and muscle cramps; (g) initial dizziness; (h) initial nausea (i) sensitivity to temperature; 0) can no longer drive comfortably for any distance; (k) limitations in her ability to sit, stand and walk; (1) anxiety and depression 10. The injuries that the Plaintiff sustained as a direct and proximate result of the aforementioned negligence of the Defendants required the Plaintiff to undergo extensive chiropractic treatment, physical therapy, and treatment from her primary health care provider. 11. The Plaintiff continues to treat with health care providers as a result of the injuries she sustained in the aforementioned automobile accident, some of which are serious and may be permanent. 12. Defendants negligent, careless, and unsafe operation of his vehicle was the direct and proximate cause of Plaintiff's aforementioned injuries. 13. The Defendant breached his duty of care by operating his vehicle in a negligent, careless, and unsafe manner which includes, but is not limited to, the following conduct: (a) Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) Failure to apply his brakes or take other reasonable, evasive action to avoid the accident (c) Negligently applying the brakes: (d) Failing to observe the vehicle Plaintiff was traveling in on the highway (e) Failing to operate the vehicle in accordance with the existing traffic conditions and controls (f) Failure to have or keep proper and adequate control over his vehicle; (g) Violation of the assured clear distance rule; (h) Operating a vehicle at an excessive rate of speed under the circumstances: (i) Driving his vehicle upon the highway in a manner endangering persons and property with a careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; 0) Driving too fast for conditions; (k) Otherwise failing to act with reasonable care under the circumstances. 14. Defendant's violation of Section 3361 of the Pennsylvania Motor Vehicle Code, a statute designed to prevent the very harm the Plaintiff sustained, makes Defendant's conduct negligence per se. 15. As a factual result of Defendants negligence, Plaintiff was forced to incur medical treatment for the above mentioned injuries, medications and similar expenses in an effort to restore herself to health, and will be forced to incur additional medical treatment and expenses in the future, and her claim is hereby made therefore. 16. As a factual result of the aforementioned injuries, Plaintiff has undergone great physical pain and suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and her claim is hereby made therefore. 17. Further, as a direct and proximate result of the aforementioned injuries, Plaintiff incurred wage loss as a direct and proximate result of her injuries due to the negligence of the Defendants. 18. The Plaintiff has suffered and continues to suffer physical and mental distress as a direct result of negligent and careless conduct by the Defendant and it is believed and therefore averred that she will suffer some permanent physical and mental distress as a result of Defendants conduct. 19. Also as a direct and proximate result of her injuries, it is averred that Plaintiff sustained serious future wage loss, as the injuries she sustained in this motor vehicle accident led to her termination from her time of injury position and precluded her from advancing in her career in a timely fashion. 20. Plaintiff has incurred out-of-pocket expenses as well as additional damages because of Defendants negligence. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), reflecting compensatory and economic damages, interest, costs, and delay damages. Inasmuch as said claim is in excess of the jurisdictional amount at 91h Jud. Dist. C.R. Rule 39-1301, requiring compulsory arbitration, Plaintiff demands a trial by jury. Respectfully submitted, GANLEY LAW OFFICES Lpebo?'ah L. P ck"r tto ey N .: 36212 1809 ast Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff VERIFICATION The foregoing document is based upon information that has been gathered by my counsel in the preparation of this litigation. The language of the document is that of my counsel and not my own. I have read the document, and to the extent that the document is based upon information that I have given to my counsel, it is true to the best of my knowledge, information and belief. To the extent that the content of this document is that of counsel, I have relied upon counsel in making this verification. I verify that the facts set forth in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date' 7-'- ntney M. therton N CERTIFICATE OF SERVICE I, Kelly M. Carr, Paralegal to Deborah L. Packer, Esq., of GANLEY LAW -rn OFFICES, hereby certify that on this -- day of 'fir, , 2012, I have caused to be served a true and correct copy of the foregoing Complaint upon Defendant, by depositing a copy of the same in the United States Mail, First Class, postage prepaid and addressed as follows: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Britney Atherton 600 Red Lion Road Apt. D3 Philadelphia, PA 19115 GANLEY LAW OFFICES By /L j,? r___ ly M. C , Paralegal to Deborah L. acker, Esquire Attorney No.: 36212 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff r=;L.ED-?F F 'r- BARRY A. KRONTHAL, ESQUIRE 1 i F'E,' [j y 0 TA lp y Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN cPu 12 JUN 28 PPS 2. 0 3510 Trindle Road Camp Hill, PA 17011 OMBERLAND COUNTY Telephone: (717) 975-8114 PENNSYLVANIA Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants Derek B. Porter and Philip D. Carey File No. 34025.4-00029 BRITNEY ATHERTON VS. DEREK B. PORTER AND PHILIP D. CAREY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-228 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS, DEREK B. PORTER AND PHILIP D. CAREY, TO THE AMENDED COMPLAINT OF PLAINTIFF, BRITNEY ATHERTON AND NOW, comes Defendants, Derek B. Porter and Philip D. Carey (collectively referred to as "Defendants") by and through their counsel, Margolis Edelstein, and hereby files these Preliminary Objections to the Amended Complaint of Plaintiff, Britney Atherton ("Plaintiff'), averring the following in support thereof: Pursuant to a Rule to File Complaint, Plaintiff filed a Complaint on or about April 30, 2012. 2. Defendants filed Preliminary Objections to said Complaint on or about May 18, 2012. Plaintiff filed an Amended Complaint on or about June 8, 2012. A copy of said Amended Complaint is attached hereto, made a part hereof, and marked as Exhibit "A." 4. Defendants now files the instant Preliminary Objections, pursuant to Pa.R.C.P. Nos. 1028(a)(2), (3), (4). 5. Pa.R.C.P. Nos. 1028(a)(2), (3), and (4) state the following: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court . . . (3) insufficient specificity in a pleading; (4) legal insufficiency of a pleading (demurrer). Id. 6. Defendants now files these instant Preliminary Objections pursuant to the aforementioned rules, in order to address deficiencies contained in the Complaint. 1. PRELIMINARY OBJECTION, PURSUANT TO Pa. R.C.P. No. 1028(a)(3) FOR INSUFFICIENT SPECIFICITY IN A PLEADING (CONNOR OBJECTIONS). 7. Paragraphs 1 through 6 are incorporated herein by reference as though set forth fully at length. In paragraph 13 of her Amended Complaint, Plaintiff alleges the following: The Defendant breached his duty of care by operating his vehicle in a negligent, careless, reckless, and unsafe manner which includes, but is not limited to, the following conduct: (i) Driving his vehicle upon the highway in a manner endangering persons and property with a careless disregard for the rights and safety of others and in violation of the Motor vehicle Code of the Commonwealth of Pennsylvania; (k) Otherwise failing to act with reasonable care under the circumstances Id. 9. Paragraphs 13(i) and (k) are mere boilerplate allegations of negligence, which do not apprise Defendants of what they allegedly did wrong. 10. As discussed in the seminal case of Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A. 2d 600 (1983), do not provide Defendants with the information necessary to prevent a later amplification to add new theories of negligence and to be able to properly answer and defend against the same. WHEREFORE, Defendants, Derek B. Porter and Philip D. Carey, respectfully request that Paragraphs 13(i) and (k) of Plaintiff's Amended Complaint be stricken. Alternatively, it is respectfully requested that Plaintiff be ordered to amend her Amended Complaint to specifically address the content of this objection. IL _PRELIMINARY OBJECTION. PURSUANT TO Pa. R.C.P. Nos. 1028(a)(2) and (4) FOR FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT AND/OR LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER). 11. Paragraphs 1 through 10 are incorporated herein by reference as though set forth fully at length. 12. In Paragraph 13 of Plaintiff's Amended Complaint, she uses the term "but is not limited to" to describe Defendants' alleged conduct. 13. The term "but not limited to" in this paragraph can be interpreted at a later date to imply a claim for punitive damages. 14. To assess whether punitive damages are warranted, the state or mind of the actor is vital. The act or failure to act must be intentional, reckless and malicious. 15. There are no facts contained in the Amended Complaint that would support a claim for punitive damages. 16. As such, the term "but not limited to" terminology in Paragraph 13 of Plaintiff's Amended Complaint must be stricken. WHEREFORE, Defendants, Derek B. Porter and Philip D. Carey, respectfully requests that the term "but not limited to" terminology contained in Paragraph 13 of Plaintiff's Amended Complaint be stricken. Date: c7 2 MARG IS EDELSTEIN > Barry A. Kronthal ID# 55672 Rolf E. Kroll ID# 47243 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ?J day of ?the 201 2, served a true and correct copy of the foregoing upon the person(s) an anner indicated below: Service by First Class Mail, Postage Pr paid, Addressed as Follows: Deborah L. Packer, Esquire Ganley Law Offices 1809 E. Main Street Waynesboro, PA 17268 By: MARGOLIS EDELSTEIN a-0a lr?-? Carol Moose ?? BRITNEY ATHERTON, Plaintiff v DEREK B. PORTER AND PHILIP D. CAREY, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-228 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 panes, you must take action by or before which represents forty five (45) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims or relief requested by the plaintiff. You may also 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, CONTACT THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, PA 17013 Telephone No.: (717) 249-3166 GANLEY LAW OFFICES Bv1 Deborah L. Packer, ?. Attorney No: 3621 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 AVIS0 LISTED HA SIDO DENIANDADO/A EN CORTE_ Si usted desea detenderse de tas der iandas que se presentan mas adelaate en [as siguientes pagirnas, debe tornar accion dentro de o antes de to coal representa cuarenta y cinco (45) dins despues de la notificacion de esta Demanda v Aviso radicando persornalmente o por medio de Lin abocado una cornparecencia escrita y radicando en la Corte por escrito sus deCnsas de, y objecciones a, las demandas presentadas a.qui en contra suya. Se le advierte de que si Listed falla de tornar accion Como se describe anteriormernte, el caso puede proceder sin used y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedi.o solicitado por e1 denaandante puede ser dictado en contra suya pot- la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derecthos importantes para usted. LISTED DEBE L.LEVAR ESTE DOCUNIENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENE OFICINA. ESTAT OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORNIACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, PA 171D13 Telephone No.: (717)'249-3166 THE LAW OFFICES OF C B .LES E. GANLEY, LLC !Deborah L. Packer ?? ttorney.I:D. No.: 3-6212 1809 East Main Street Waynesboro, PA 17265 (717) 765-8283 Attorney for the Plaintiff BI ITNEY ,=?THERTON, COURT OF COMMON PLEAS CUMBERLAND COIJFN' Y. PEN-NSYLVANIA Plaintiff No. 12-228 V. CIVIL ACTION-LAW DEREK B. PORTER AND PHILIP D. CAREY, Defendant JURY TRIAL DEMANDED AMENDED COMPLAINT NOW CONIES the Plaintiff, Britney Atherton by and through her attorney, 1.) 1 Deborah L. Packer, Esquire of GANLEY LAW OFFICES, and states the following cause of action against the Defendants: The Plaintiff is Britney Atherton, a Slli juris adult individual currently residing at 101 Washington Lane, Apt. N131, Jenkintown, and Montgomery County, Pennsylvania 19046. The Defendant is Derek B. Porter, a sui juris adult individual with last known residing address of 620 Wilson St., Carlisle, Cumberland County, Pennsylvania 17013. The Defendant is Philip D.Carey, a sui juris adult individual with a last known residing address of 620 Wilson St., Carlisle, and Cumberland County, Pennsylvania, 17013. l On or about February 5, 2010, Plaintiff was a restrained front sent passenger traveling east on Walnut Bottom Rd. in Shippensburg Township, Cumberland County Peruzsvlvania. The vehicle the Plaintiff was traveling in was owned and operated by Amber Greiike of 4075 Butlit Rd., Greencastle, P.A. 1725 and was stoppee at a red traffic signal. 4 On or about February 5, 2010, Defendant Porter was operating a motor vehicle, owned by Defendant Carey, and traveling east on Walnut Bottom Road in Shippensburg Township, Cumberland County Pennsylvania, approaching the traffic signal where Ms. Gremke's vehicle was stopped awaiting the traffic signal to turn green. 5. At approximately 1:23 a.m. on that date, and at the aforementioned place, as the Plaintiff's vehicle began to accelerate after the light had changed to green, Defendant failed to stop and/or slow down and struck the rear end of the vehicle in which the Plaintiff was a passenger, causing Defendants vehicle to violently impact with Nls. Gremke's vehicle. It is z.I?eheved and :therefore averred',' that ''Defendant Porfer;;,tivasY` operating the vehicle: of Defendant Carey at his request and, to his purpose. ` 6. The impact of the collision was of such force that, despite being a restrained driver, Plaintiff was thrown about the vehicle. Plaintiff struck her head on the dashboard and her knee on the glove box. Her entire body was pushed forward and twisted to the left. Nairaitt had to be cut out of the vehicle and v,as taken b? anf?ulance to ChambersbLIE' I Hospital. 7. The vehicle Plaintiff was traveling in was a total loss. 8. A writ of summons was issued on January 19, 2012 against said Defendants and timely served by the Cumberland County Sheriff. COUNT 1: NEGLIGENCE BRITNEY ATHERTON v. DEREK B. PORTER AND PHILIP D. CAREY 9. Paragraphs 1 through 8 is incorporated herein by reference as if each has been set forth in full hereunder. The above accident was the result of the negligence of the Defendants, and was in no way caused or contributed to by any conduct on behalf of the Plaintiff. As a direct and proximate result of the aforementioned collision and Defendants negligence, Plaintiff sustained personal injuries including- (a) neck pain and spasms; (b) head pain and continuing headaches; (c) mid and low back pain, swelling, and spasms; (d) lower abdominal and pelvic pain; (e) steep disturbance; (f) left knee and teg pain and muscle cramps; (g) initial dizziness; ('h) initial nausea (i) sensitivity to temperature; (j) can no longer drive comfortably for any distance, (k) limitations in her ability to sit, stand and walk; (1) anxiety and depression 10. The injuries that the Plaintiff sustained as a direct and proximate result of the aforementioned negligence of the Defendants required the Plaintiff to undergo extensive chiropractic treatment, physical therapy, and treatment from her primary health care provider. The Plaintiff continues to treat with health care providers as a result of the injuries she sustained in the aforementioned automobile accident, some of which are serious and may be permanent. 12. Defendants negligent, careless, and unsafe operation of his vehicle was the direct and proximate cause of Plaintiffs aforementioned injuries. 13. The Defendant breached his duty of care by operating his vehicle in a negligent, careless, and unsafe manner which includes,-66't is'not limited td, the following conduct: (a) Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (, llu.re ru appl - ;n I10A W! WICldent (C Cf°-rlntl?, appl?,iIIg 1.? I:raE_cs (0) FaIn,' W ol?son" At `:t(llct PlalnU saw tra',thng ll( nk At htgCi'. ny' (v Falllll' to iJPcratr Lll? 'iCllCl-t l[i 1!_CiJCC?anC?: bbl[l7 [[v-: tr1fLrlC (.li[1d1C1??llS c.nd CC.lltlolJ 10 FaWrt to ha" ur "rp proper and ado'_Iuak contrul ov lus -chicle; (?) Violation of the assured clear 0stanct_ rut; (hi Operating a tiCh P at an e:,CCS I'?•° CaC_ fir ;prod u[ljtr tl'. Cl[cUfilSC1RC°5. (rl_. Grr' In his vtiuct upon_ [he ni hwua in a manner endan??ring persons. . and pr peCt.y, .y A. a. careless. disregard for the rights and saic t v of, others and ?nviolatioa oF_the_(t?tur; Velziele Code of the Commonwealth of x (j ) Driving too fast for conditiuns; (b J _ _C!thzrGVrse; €ailing Ca :act wit rea Qci31?lt car under the clrcums[angcs 14, Dclcndaar's vioNhon Maction 3361 of the Peluls'il',ania Nlutur Vehicle Code a statute Angncd to prevent the vent harul thl- PlaintiFt sustained, maE;?s DeE?°ndan['? Conduct nwgkguncc p8r Se l_ 171 ?s a factual result of Dt,cndants ncghytnc_, Plain[of 4VW furctd to inci_u medical LleaL!11?[l[ [ur Cllr' aboyc (luntluricd ln)I_ WS, fflWomim; ?md slmdal to an effurt to restore herself to health, a--id will be forced to incur additional medical treatment and expenses in the future, and her claim is hereby made therefore. 16. As a factual result of the aforementioned injuries, Plaintiff has undergone great physical pain and suffering, inconvenience in caryin- out her daily activities, loss of life's pleasures and enjoyment, and her claim is hereby made therefore. 17. Further, as a direct and proximate result of the aforementioned injuries, Plaintiff incurred wage loss as a direct and proximate result of her injuries due to the negli,,ence of the Defendants. 18. The Plaintiff has suffered and continues to suffer physical and mental distress as a direct result of negligent and careless conduct by the Defendant and it is believed and C2 1 therefore averred that she will suffer some permanent physical and mental distress as a result of Defendants conduct. 19. Also as a direct and proximate result of her injuries, it is averred that Plaintiff sustained serious future wage loss, as the injuries she sustained in this :rotor vehicle accident led to her termination from her time of injury position and precluded her from advancing in her career in a timely fashion. 20. Plaintiff has incurred out-of-pocket expenses as well as additional damages because of Defendants negligence. ?VHEPEF(?RE, Plaintiff demands '_?d`,ment aainst Defendant in an amounr in a;.cess of -- Flt-," Thuusand Dollars (S50,000.00), reflecting compensatory and econorr_ic damages, interest, costs, and delay damagTes. Inasmuch as said claim is in excess of the jurisdictional amount at 9"' Jud. Dist. C.R. Rule 39-1301, requiring compulsory arbitration. Plaintiff demands a trial by jury. Respectfully submitted, GANLEY LAW OFFICES By:,J- beborah L. P?ck?r Atto ney No : 36212 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff C'ERTIFIC'ATE OF :StE RVICT k_e11y 14. Carr, Paralegal to Deborah L. Packer, Esq., of G?,_?iLEY LAW OFFICES, hereby certify that on this day of ?'? 2!)12, I have U caused to be served a true and correct copy of the foregoing Comphrint upon Defendant, by depositirng a copy of the same in the United States Mail, First Class, postage prepaid and addressed as .follows: Larry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Britney Atherton 600 Red Lion Road Apt. D3 Philadelphia, PA 19115 GANLEY LAW OFFICES K?ly M. Ca , Paralegal to Deborah L. acker, Esquire Attorney No.: 362121 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff PRO v i u s BRITNEY ATHERTON, 20 JUL 19 Pn 6 Plaintiff f UMERLAND COUNT" P NtiSYLYANiA V. DEREK B. PORTER AND PHILIP D. CAREY, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12-228 CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER TO DEFENDANT'S PRELIMINARY OBJECTION 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Paragraph 5. is a rule of law to which no answer is required. 6. Admitted that Defendant's have filed said Preliminary Objections, however, it is denied that the complaint contains any deficiencies. I. PRELIMINARY OBJECTION, PURSUANT TO Pa. R.C P No 1028 (a)(3) FOR INSUFFIENIENT SPECIFICITY IN A PLEADING (CONNOR OBJECTIONS). 7. Admitted. 8. Denied in part. Admitted in part. The first section of Paragraph 13 quoted in Defendant's Paragraph 8. does not use the word "reckless". Paragraph 13. reads as follows: "(i)Driving his vehicle upon the highway in a manner endangering persons and property with a careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania" The remainder of the paragraph is an accurate recital of 11(i)(k.). 9. Denied. Paragraph 13. (i.) and (k.) are not mere boilerplate allegations of negligence, and when read in conjunction with the other subparagraphs of 13. apprise Defendants of what they had done wrong. 10. Denied. (Paragraph 10. is a rule of law to which no answer is required.) Wherefore, Plaintiff respectfully requests the Defendants Preliminary Objections be stricken. II. PRELIMINARY OBJECTION, PURSUANT TO Pa. R.C.P. Nos. 1028 (a)(2) and (4) FOR FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT AND/OR LEGAL INSUFFIENCY OF A PLEADING (DEMURRER). 11. Admitted. 12. Admitted. 13. Admitted in part and denied in part. It is admitted that "but not limited to" in Paragraph 13. may be interpreted at a later date to imply a claim for punitive damages. However, it is denied that such a claim has been made to date but may be appropriate after full discovery has been completed. 14. Denied. (Paragraph 14. is a rule of law to which no answer is required.) 15. Admitted. 16. Denied. (Paragraph 16. is a rule of law to which no answer is required.) Wherefore, Plaintiff respectfully requests the Defendants Preliminary Objections be stricken. W OFFICES L./Packer, Esquire o.: 36212 1809-Fa-st Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff 0 CERTIFICATE OF SERVICE I, Kelly M. Carr, Paralegal to Deborah L. Packer, Esq., of GANLEY LAW OFFICES, hereby certify that on this day of TL)L-V , 2012, 1 have caused to be served a true and correct copy of the foregoing Answer to Defenant's Preliminary Objections upon Defendant, by depositing a copy of the same in the United States Mail, First Class, postage prepaid and addressed as follows: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 GANLEY LAW OFFICES By K lly Xr1er aralegaI t o Debor, Esquire Attorney No.: 36212 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff 12-5453P CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA., o PURSUANT TO RULE 4009.22 In the Matter of: BRITNEY ATHERTON - VS - DEREK B PORTER AND PHILIP D. CAREY Court of Common Plea°_ Cumberland County r_- ? J No. 12-228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule CCLR on behalf of BARRY KRONTHAL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached the was/were mailed or delivered to each party at least twenty days prior to the date on wh the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). 4 -1A, DATE: 8/1/2012 BARRY KRONTHAL, ESQUIRE Counsel for Defendant M:-n r d° ..tCD c-, -n co r4 22 Aftr¦ Center City Legal Reproductions, Inc. CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRITNEY ATHERTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DEREK B PORTER AND PHILIP D. No. 12-228 CAREY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DEBORAH L. PACKER, ESQUIRE LAW OFFICES OF CHARLES E. GANLEY, LLC 1809 E. MAIN STREET WAYNESBORO, PA 17268 Please take notice there has been a request by BARRY KRONTHAL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to BRITNEY ATHERTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: July 11, 2012 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ¦? (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRITNEY ATHERTON CCLR File NO. 12-5453P vs. DEREK B PORTER AND PHILIP D. CAREY COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 7/11/2012 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 8/1/2012. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2012 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) DEBORAH L. PACKER, ESQUIRE LAW OFFICES OF CHARLES E. GANLEY, LLC 1809 E. MAIN STREET WAYNESBORO, PA 17268 COMMONWEALTH OF PENNSYLVANIA CO LrNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 II TO: BRIDGET HILLARD, MD - CUMBERLAND VALLEY MEDICAL SERVICES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document or things Any and all medical records, billing records and films, correspondence, questionnaires, intake forms, medicallconst reports, physical therapy records, office notes, progress reports, doctors notes, charts, summaries, test results, lab evaluations, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy serving 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOI PURSUANT TO RULE 4009.22 TO: CHAMBERSBURG HOSPITAL - MEDICAL RECORDS DEPT (Name of Person or Entity) Y Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documen? or things Any and all medical records, questionnaires, intake forms, medical/consultation reports, physical therapy records, correspondence, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluation , etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 paty serving is subpoena may seek a court order compelling you to comply with it. II THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy .7/97) COMl`?I ONWEALTIH OF PENNSYLVANIA COI NTY OF CUMIIEF:LiA,NI) BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OIL THINGS FOR DISC&ERY PURSUANT TO RULE 4009.22 TO: CHAMBERSBURG HOSPITAL - MEDICAL RECORDS 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 things Any and all medical records, questionnaires, intake forms, medical/consultation reports, physical therapy records, correspondence, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /'Clerk, Civil Disposition Deputy (Eff.7/97) BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY COMMON-WEALTIY OF PENNSYLVANIA COUINT Y OF' CUMRERLA ND File Na. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISC VERY PURSUANT TO RULE 4009.22 TO: CHAMBERSBURG HOSPITAL - PATIENT BILLING 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 docume?ts or things Any and all billing records, invoices, payments, receipts, pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with th certificate 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 p$rty serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISC VERY PURSUANT TO RULE 4009.22 TO: CHAMBERSBURG HOSPITAL - PATIENT BILLING 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 things Any and all billing records, invoices, payments, receipts, pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with th certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reason ble 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 p serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy 7/97) COM-MI ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CHAMBERSBURG HOSPITAL - PHYSICAL THERAPY 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 document or things Any and all physical therapy medical records, chiropractic records, reports, office notes, progress reports, doctors charts, summaries, test results, lab tests, evaluations, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasona le 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy serving 7/97) COMMONWEALTH 07A P77-NNSYLVANIA COIJ"NTV CIF CUMIIEt1,i,]ND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12 -228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCO' ERY PURSUANT TO RULE 4009.22 TO: CHAMBERSBURG HOSPITAL - PHYSICAL THERAPY 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 things Any and all physical therapy medical records, chiropractic records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the' certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasona?rle 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 patty serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING 13ERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk:, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERI AND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CHAMBERSBURG HOSPITAL - RADIOLOGY FILE ROOM (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 Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the ertificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonab a 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 par?y serving is subpoena may seek a court order compelling you to comply with it. II THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy 7/97) C(,)j% ON-WEALTH OF PENNSYLVANIA COUNTY OF CUMBEF',L,V%,-D BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File Nu. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCO ERY PURSUANT TO RULE 41)09.22, TO: CHAMBERSBURG HOSPITAL - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following Any and all films, mri's, cat scans, x-rays, including radiology reports, etc.,, fertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) or things You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy serving 7/97) CO',' MONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCO RY PURSUANT TO RULE 4009.22 TO: COMMISSIONER COLONEL FRANK NOONAN - CUSTODIAN OF RECORDS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document or things Any and all records regarding a crash on 2/10/2010 and recorded on a Pennsylvania State Police Crash Report-Ca Badge Number 10316, Investigator John E. Witkowski, Incident # H02-1915523, including all supplemental reports, documents, any written information pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the ertificate 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 par serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RL1I,E 4009.22 TO: CVS PHARMACY - PRIVACY OFFICE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document or things Any and all prescription records, including but not limited to patient prescription histories, name of physician medication, billing records, insurance and payment records, pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasona le 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 pa serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCO?ERY PURSUANT TO RULE 4009.22 TO: HCR MANOR CARE - PERSONNEL 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 ***SEE ATTACHED ADDENDUM *** AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) things You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonab a 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy serving 7/97) W1106 Center City Legal Reproductions, Inc. CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 '-=- (215)732-1177 fax (215)732-5637 CCLR File No. 12-5453P ************************** ADDENDUM TO SUBPOENA ************************** To: HCR MANOR CARE Re: BRITNEY ATHERTON ANY AND ALL EMPLOYMENT/PERSONNEL RECORDS, PRE-EMPLOYMENT/POST HIRING PHYSICALS AND TESTS, RESUME, JOB DESCRIPTION, W-2S, LEAVE OF ABSENCE, LETTER OF TERMINATION AND/OR LETTER OF RESIGNATION, BENEFITS, WORKERS- COMP CLAIMS, DATES OF ATTENDANCE, APPLICATIONS, PERFORMANCE RECORDS, DISCIPLINARY RECORDS, REVIEWS, EVALUATIONS, EARNINGS AND SALARY INFORMATION, MEDICAL REPORTS, ETC., PERTAINING TO BRITNEY ATHERTON. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANI) BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCO PURSUANT TO RULE 4009.22 TO: KEYSTONE ORTHOPEDIC, PT, L.L.C. - MEDICAL RECORDS DEPT (Name of Person or Entity) Y Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documentsi or things Any and all medical records, billing records and films, questionnaires, intake forms, medical/consultation reports, therapy records, correspondence, office notes, progress reports, doctors notes, charts, summaries, test results, I evaluations, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) tests, You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the ertificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reason le 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy serving 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISC PURSUANT TO RULE 4009.22 TO: MADEIRA CHIROPRACTIC - MEDICAL RECORDS 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 Any and all medical records, billing records and films, physical therapy records, chiropractic records, questionnaij forms, correspondence, reports, office notes, progress reports, doctors notes, charts, summaries, test results,' evaluations, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with compliance, to the party making this request at the address listed above. You have the right to seek in advance the yeas 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy or things es, intake lab tests, certificate ble cost of serving 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCO?ERY PURSUANT TO RULE 4009.22 TO: SHIPPENSBURG AREA EMS - C/O PROMED SERVICE INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document or things Any and all medical records, billing records and films, correspondence, questionnaires, intake forms, medical/consu reports, physical therapy records, office notes, progress reports, doctors notes, charts, summaries, test results, lab evaluations, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the ertificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasons le 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy serving 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: STATE FARM INSURANCE COMPANY - UNDERWRITING 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 document or things Any and all underwriting records, including but not limited to application for insurance, declaration page, tort forms, all records in possession, archive records, any written information contained in file regarding claim #3 policy #130824338; Date of Loss: 2/5/10. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy serving 7/97) 12-6243P CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: BRITNEY ATHERTON -VS DEREK B PORTER AND PHILIP D. CAREY ? r --i rn rn iT?t ' Court of Common Ple Cumberland County tT 4 c) 'p. I c"} Z ~ -, No. 12-228 ? N `,.?r-• As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of BARRY KRONTHAL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 9/412012 BARRY KRONTHAL, ESQUIRE Counsel for Defendant Allbb Center City Legal Reproductions, Inc. CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ¦_? (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRITNEY ATHERTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DEREK B PORTER AND PHILIP D. No. 12-228 CAREY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DEBORAH L. PACKER, ESQUIRE LAW OFFICES OF CHARLES E. GANLEY, LLC 1809 E.' MAIN STREET WAYNESBORO, PA 17268 Please take notice there has been a request by BARRY KRONTHAL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to BRITNEY ATHERTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: August 14, 2012 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page ¦ Center City Legal Reproductions, Inc. CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 A=A=&6 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRITNEY ATHERTON CCLR File NO. 12-6243P vs. DEREK B PORTER AND PHILIP D. CARLY COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 8/14/2012 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 9/4/2012. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2012 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) DEBORAH L. PACKER, ESQUIRE LAW OFFICES OF CHARLES E. GANLEY, LLC 1809 E. MAIN STREET WAYNESBORO, PA 17268 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BR(TNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DAREN ESHBAWGH, DC - MEDICAL RECORDS 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 things Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Britney Atherton. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) BRITNEY ATHERTON, Plaintiff v. DEREK B. PORTER AND PHILIP D. CAREY, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, ~' PENNSYLVANIA - c~ m m ~ -~. T No. 12-228 U~, rte-- o :.~ e ~= ~ o~ r~ CIVIL ACTION-LAW ;.;, ~' ~ -._, ~ - -x- c~ -,-F ` :.> ~ .;~: ~ c: ~ .: - - JURY TRIAL DEMANDED ..~ " ~ w OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 The Plaintiff, Britney Atherton, objects to the proposed subpoena that is attached to these objections for the following reasons: Plaintiff objects to the subpoena directed to the Drexel Hill Medical Associates and any records requested of The Drexel University Hospital/Hahneman University Hospital because any and all treatment that may have been received at said facility was received after her discharge from the medical providers treating her for injuries sustained in the automobile accident in question and does not relate to any injuries sustained in said accident. Respectfully submitted; GANLEY LAW OFFICES / ~ By l Deborah L. Packer, Esquire '~ Attorney No.: 36212 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff v va•aa•ava• •• a;.a-aa~iu va~ a aJa ~a~V au t tlt~atl COUNTY OF CUMBERLAND BRITNEY ATHERTON J f VS DERECK B PORTER AND PHILIP D. CAREY BY THE COURT: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DREXEL HILL MEDICAL ASSOCIATES -MEDICAL RECORDS 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 things Any and all medical records, billing records and films, questionnaires, intake forms, consultation reports, physical therapy records, chiropractic records, office notes, progress reports, doctors notes, test results, lab tests, evaluations, etc., pertaining to Britney Atherton; DOB: 511187. AT: CENTER CITY LEGAL REPRODUCTIONS, INC . (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court File No. 12-228 Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) CERTIFICATE OF SERVICE I, Kelly M. Carr, Paralegal to Deborah L. Packer, Esquire, of GANLEY LAW OFFICES, hereby certify that on this ~ th day of November, 2012, I have caused to be served a true and correct copy of the foregoing Objections to Subpoena Pursuant to Rule 4009.21 upon Defendant, by depositing a copy of the same in the United States Mail, First Class, postage prepaid and addressed as follows: Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601 Philadelphia, PA 17107 Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 GANLEY L,AW OFFICES ~, ,~-- E By ..._... _.._ ___ .. Ke ly M. C ,Para egal to D orah L. Packer, Esquire Attorney No.: 36212 1809 East Main Street Waynesboro, PA 17268 (717) 765-8283 Attorney for the Plaintiff a 12-7687P CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 F ~ _, ,tia "S: ' ^ ~~-- E° In the Matter of: Court of Common Pleas~,.*~' ~ `- '~~~', BRITNEY ATHERTON Cumberland County ~~ w ~`~~ DEREK B PORTER AND PHILIP D. CAREY No. 12-228 ~~ ~ N '`~',~~" =-- , -: As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of BARRY A. KRONTHAL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 11/8/2012 BARR A. KRONTHAL, ESQUIRE Counsel for Defendant r il~i Center City Legal Reproductions, Inc. ~~ 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ^_,._ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRITNEY ATHERTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DEREK B PORTER AND PHILIP D. No. 12-228 CAREY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DEBORAH L. PACKER, ESQUIRE LAW OFFICES OF CHARLES E. GANLEY, LLC 1809 E. MAIN STREET WAYNESBORO, PA 17268 Please take notice there has been a request by BARRY A. KRONTHAL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to BRITNEY ATHERTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Retum Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: October 18, 2012 Enclosures : Copy (copies) of Subpoena(s) Counsel Retum Page Center City Legal Reproductions, Inc. ~, ~; ~~ 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ^~: (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRITNEY ATHERTON CCLR File NO. 12-7687P vs. DEREK B PORTER AND PHILIP D. CAREY COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 10/18/2012 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X-Rays sent to me. yeS / n0 (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 11/8/2012. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2012 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) /defendant(s) DEBORAH L. PACKER, ESQUIRE LAW OFFICES OF CHARLES E. GANLEY, LLC 1809 E. MAIN STREET WAYNESBORO, PA 17268 ` . BRITNEY ATHERTON VS DERECK B PORTER AND PHILIP D. CAREY TO: MERCERSBURG FAMILY CHIROPRACTIC -MEDICAL RECORDS DEPT' (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the courtt to produce the followuig documents or things Any and all medical records, billing records and films, questionnaires, intake fonns, consultation r~al~orts, physi~;al thc~rapy~ records, chiropractic records, office notes, progress reports, doctors notes„ test results, lab tests, e~valu:itions, iatc., pertaining to Britney Atherton; DOB: 511187. AT: CENTER CITY LEGAL REPRODUCTION.'i, INI~ (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoe:k~, toge~her withh the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonabae 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 (?.0) d;~ys after -.its service, tl~e party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PER.50N: NAME: BARRY A. KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 1315 WALNUT STREET, SUITE 601 PHILADELPHIA, PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# SUBPOENA TO PRODUCE DOCUMENTS OR Tl3INGS I'IDR DISCOVERY PURSUANT TO RULE 4009.22 ~'~:NL"-?C)N~/JF~I.TF J.~; .''';1~5`t'1'.VANI~'- C'OCr'1Tl' OF" CUM}ILE:I,~ l`~TU File No. 12'-228 ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil DisIK~,,itio:n Deputy 13-03981 PW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 M ci3 r CD —_Ca In the Matter of: Court of Common Pleas :x c= BRITNEY ATHERTON Cumberland County -CD — -VS - can DEREK B PORTER AND PHILIP D.CAREY No. 12-228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of BARRY A. KRONTHAL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s)with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s)which is/are attached to the notice of intent to serve the subpoena(s). DATE: 7/1/2013 BARRY . KRONTHAL, ESQUIRE Counsel for Defendant Center City Legal Reproductions, Inc. CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ■ ■ ■ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRITNEY ATHERTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DEREK B PORTER AND PHILIP D. No. 12-228 CAREY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DEBORAH L. PACKER, ESQUIRE LAW OFFICES OF CHARLES E. GANLEY, LLC 1809 E. MAIN STREET WAYNESBORO, PA 17268 Please take notice there has been a request by BARRY A. KRONTHAL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to BRITNEY ATHERTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: June 10, 2013 Enclosures : Copy(copies)of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ■0 0 0 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com BRITNEY ATHERTON CCLR File NO. 13-03981 PW vs. DEREK B PORTER AND PHILIP D. CAREY COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 6/10/2013 regarding records in the custody of(see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 7/1/2013. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes/ no deciding whether to order a copy. 2013 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 &Above $.20 Date: Attorney for plaintiff(s)/defendant(s) DEBORAH L. PACKER, ESQUIRE LAW OFFICES OF CHARLES E. GANLEY, LLC 1809 E. MAIN STREET WAYNESBORO, PA 17268 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DEREK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:ANTRIM FAMILY MEDICINE —MEDICAL RECORDS 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 things Any and all updated medical records from 8/2012-Present,including billing records, reports,office notes, progress reports, doctors notes,charts,summaries,test results, lab tests,evaluations,etc.,pertaining to Britney Atherton; DOB: 5/1/1987. AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A.KRONTHAL,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DEREK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GENESIS REHAB—PERSONNEL 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 things Any and all employment/personnel records,workers'comp claims,dates of attendance,applications,performance records, disciplinary records,reviews,evaluations,earnings, medical reports,etc.,pertaining to Britney Atherton.**Certification Page Must Be Signed and Dated** AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A.KRONTHAL,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DEREK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:GIANCARLO ANGELINI,DC —MEDICAL RECORDS 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 things Any and all medical records,including billing records,reports,office notes,progress reports,doctors notes,charts, summaries,test results,lab tests,evaluations,etc.,pertaining to Britney Atherton; DOB: 5/111987.""Certification Page Must Be Signed and Dated** AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A.KRONTHAL,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE:215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DEREK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HERMAN CHIROPRACTIC&REHAB—MEDICAL RECORDS 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 things Any and all medical records, including billing records,reports,office notes, progress reports,doctors notes,charts, summaries,test results,lab tests,evaluations,etc.,pertaining to Britney Atherton; DOB: 5/1/1987.**Certification Page Must Be Signed and Dated*' AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY A.KRONTHAL,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DEREK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: REFLEX STAFFING—PERSONNEL 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 things Any and all employment/personnel records,workers'comp claims,dates of attendance,applications, performance records, disciplinary records,reviews,evaluations,earnings,medical reports,etc.,pertaining to Britney Atherton.**Certification Page Must Be Signed and Dated** AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A.KRONTHAL,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRITNEY ATHERTON VS DEREK B PORTER AND PHILIP D. CAREY File No. 12-228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SUMMIT HEALTH—MEDICAL RECORDS 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 things Any and all medical records,including billing records, reports,office notes,progress reports,doctors notes,charts, summaries,test results,lab tests,evaluations,etc., pertaining to Britney Atherton; DOB: 5/1/1987.**Certification Page Must Be Signed and Dated** AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A.KRONTHAL,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Disposition Deputy (Eff.7/97) • BRITNEY ATHERTON, • COURT OF COMMON PLEAS • CUMBERLAND COUNTY, Plaintiff • PENNSYLVANIA • • v. • No. 12-228 DEREK B. PORTER AND • CIVIL ACTION-LAW PHILIP D. CAREY, • Defendant • JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END To the Prothonotary: Kindly mark the above-referenced case as SETTLED, DISCONTINUED AND ENDED WITH PREJUDICE. GANLEY LAW OFFICES ...--•'__ -mot Charles E. Ganley, Esquire Attorney No.: 51844 1809 East Main Street Waynesboro, PA 17268 Tel: (717) 765-8283 Fax: (717) 765-8382 Attorney for the Plaintiff C—) r cav -v cn D Vic; CD C!1 03 M1 CERTIFICATE OF SERVICE I, Leslie Bellanco, Paralegal to Charles E. Ganley, Esq., of GANLEY LAW OFFICES, hereby certify that on this day of January, 2014, I have caused to be served a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE AND END upon Defendant, by depositing a copy of the same in the United States Mail, First Class, postage prepaid and addressed as follows: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 GANLEY LAW OFFICES By . la? ' Leslie Bellanco, Paralegal to Charles E. Ganley, Esquire Attorney No.: 51844 1809 East Main Street Waynesboro, PA 17268 Tel: (717) 765-8283 Fax: (717) 765-8382 Attorney for the Plaintiff