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13-2804
Supreme C. o n nsylvania COUP cohiIY -0 Pleas For Prothonotary Use Only: n . i1C, N'erS 't 'FS ��o Docket No: T cu ' 0 0m Ii°r� i�1A County j3 - ag(j4( The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint x! Writ of Summons ® Petition 13 Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Curtis Archer Jeremy Werzyn T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? 0 Yes ® No (check one) xi outside arbitration limits O N Is this a Class Action Suit? © Yes 0 No Is this an MDJAppeal? ® Yes ® No A Name of Plaintiff /Appellant's Attorney: Catherine Reeves, Esquire l� 13 Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that ` E you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional [3 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution © Debt Collection: Credit Card [3 Board of Assessment ri7c Motor Vehicle 0 Debt Collection: Other ® Board of Elections ® Nuisance © Dept. of Transportation 0 Premises Liability ® Statutory Appeal: Other S ® Product Liability (does not include E mass tort) El Employment Dispute: Discrimination Slander/Libel /Defamation [3 I ® ® Employment Dispute: Other ® Zoning Board C Other: i T E3 Other: I 13 Other: O MASS TORT Asbestos N n Tobacco M Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste [3 Ejectment Common Law /Statutory Arbitration B ® Other: n Eminent Domain /Condemnation Declaratory Judgment Ground Rent Mandamus j ® Landlord /Tenant Dispute B Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental 0 Partition © Replevin 1] Legal Q Quiet Title ® Other: ® Medical Q Other: i A Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 - (980q i V i l l er - w CIVIL ACTION — LAW CURTIS ARCHER JEREMY WERZYN' . q ZZ 4819 Delbrook Road 5509 Moreland Court Apartment A Apartment 2 -" Mechanicsburg, PA 17050 Mechanicsburg, PA 17055 <, Plaintiff(s)& Defendant(s) C f Address(es) Address(es) ; t.P JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the Defendant, Jeremy Werzyn. The Writ of Summons should be delivered to the Sheriff of Cumberland County for service upon the Defendant at the address listed above. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Catherine N. Reeves, Esquire I.D. No. 311267 Zachary D. Campbell, Esquire I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 -0300 (717) 238 -8187 Date: , 2013 Attorneys for Plaintiff 103 • "7� PD A77`1 P- 525158 -1 C - - ' METZGER, WICKERSHAM, P.C. By: Catherine N. Reeves, Esquire e rn Attorney I.D. No. 311267 r- -; Zachary D. Campbell, Esquire -< -D Attorney I.D. No. 93177 C .,, ; 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 -0300 - (717) 238 -8187 Attorneys for Plaintiff CURTIS ARCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, P VS. CIVIL ACTION - LAW JEREMY WERZYN, Defendant JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Jeremy Werzyn 5509 Moreland Court Apartment 2 Mechanicsburg, PA 17055 You are hereby notified that Plaintiff, Curtis Archer, has commenced an action against you. c Date: 1 3 3 2013 Prothonotary 525158 -1 SHERIFF'S OFFICE OF CUMBERLANQ CQ,lJ,1V;� ;��t Ronny RAnderson r "c.•t't `� `� Sheriff Jody S Smith Chief Deputy * i kip P` Richard W Stewart Solicitor err= O�rTAE SKEPIFr Curtis Archer Case Number vs. 2013-2804 Jeremy Werzyn SHERIFF'S RETURN OF SERVICE 05/29/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jeremy Werzyn, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as"Not Found"at 5509 Moreland Court,Apt. 2, Lower Allen, Mechanicsburg, PA 17055. Residence is vacant and the Mechanicsburg Postmaster confirms that mail is still delivered to the address provided. SHERIFF COST: $44.30 SO ANSWERS, May 29, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheritf,Toleosoft,Inc. I'fit j p 2813 JUN METZGER, WICKERSHAM, P.C. DUt UQ By: Catherine N. Reeves, Esquire PE��s AND COUNT} Attorney I.D. No. 311267 o d A'Y/4 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff CURTIS ARCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2013-2804 VS. CIVIL ACTION - LAW JEREMY WERZYN, Defendant WITHIN ARBITRATION LIMITS PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ that was filed in the above-captioned action on May 17, 2013, a copy of which is attached hereto. METZGER,WICKERSHAM, KNAUSS &ERB,P.C. By: C Catherine N. Reeves, Esquire Attorney I.D. No. 311267 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Date: _, 2013 Attorneys for Plaintiff Ck-# �asq 526395-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C C= 'v:x Sheriff k3�xtr Vii' araratorrr zMCO rry Jody S Smith rri Chief Deputy G Richard W Stewart Solicitor OFFICE OF THE y M1 _ C c� Curtis Archer - Case Number vs. Jeremy Werzyn 2013-2804 SHERIFF'S RETURN OF SERVICE 06/07/2013 03:50 PM- Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Writ of Summons by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jeremy Werzyn at 5024 Simpson Ferry Road, Lower Allen, Mechanicsburg, PA 17050. AW(WILE&AL - AMANDA COBAUGH, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, June 12, 2013 RbNr4Y R ANDERSON, SHERIFF (c1 CountySuite Sheriff,Teleosoft,Inc. LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli @Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 rn tv µ Plymouth Meeting, PA 19462 Attorney for Defendant, 610-276-4962 Jeremy Werzyn HC FILE 015J2-11014 , CURTIS ARCHER : COMMON PLEAS CUMBERLAND COUNTY4- V. ; t JEREMY WERZYI\T NO. 13-2804 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Jeremy Werzyn in the above-captioned matter. LAW OFFICES OF IIUBSHMAN&FLOOD BY: _ LUISA F. IfORELLI, ESQUIRE Attorney for Defendant, jp1JJ" Jeremy Werzyn DATE: LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli@Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendant, 610-276-4962 Jeremy Werzyn HC FILE 01512-1 1014 CURTIS ARCHER COMMON PLEAS CUMBERLAND COUNTY V. JEREMY WERZYN NO. 13-2804 JURY DEMAND TO THE PROTHONOTARY: Defendant, J,-remy Werzyn, demands ti-kil by twelve (12)jurors. LAW OFFICES OF HUBSHMAN& FLOOD BY: LUISA F. BORELLI, ESQUIRE Attorney for Defendant, DATE. Jeremy Werzyn • , , t Lii THE 1'1C3i HON J 2313 JUL -5 MI I I.: 29 METZGER, WICKERSHAM, P.C. CUMBERLAND COUNTY By: Catherine N. Reeves, Esquire PENNSYLVANIA Attorney I.D. No. 311267 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff CURTIS ARCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • NO. 13-2804 vs. • CIVIL ACTION- LAW JEREMY WERZYN, Defendant • JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Jeremy Werzyn c/o Luisa F. Borelli, Esquire Law Offices of Hubshman& Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 524966-1 T Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 524966-1 , AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 524966-1 METZGER, WICKERSHAM, P.C. By: Catherine N. Reeves, Esquire Attorney I.D. No. 311267 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff CURTIS ARCHER, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • : NO. 13-2804 vs. . •: CIVIL ACTION - LAW JEREMY WERZYN , . Defendant • JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Curtis Archer, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff, Curtis Archer, is an adult individual residing at 4819 Delbrook Road, Apartment A, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Jeremy Werzyn, is an adult individual with a last know address of 5509 Moreland Court, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and circumstances hereinafter set forth occurred on August 5, 2011, at approximately 4:00 P.M. on the 300 block of West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Curtis Archer, was the owner and operator of a 2001 Mazda Protégé bearing Pennsylvania License Plate No. HKL6752. 524966-1 5. At the aforesaid time and place, Defendant, Jeremy Werzyn, was the operator of a 2005 Chevrolet Impala bearing Pennsylvania License Plate No. HVX4674. The vehicle was owned by Amber Werzyn. 6. At the aforesaid time and place, Plaintiff was traveling east on West Main Street and stopped behind a line of vehicles in response to traffic. 7. At the aforesaid time and place, Defendant Jeremy Werzyn was also traveling east on West Main Street, behind the Plaintiff's vehicle. 8. At the aforesaid time and date, Defendant Jeremy Werzyn failed to stop the vehicle he was operating and struck the rear of Plaintiff's vehicle 9. Defendant, Jeremy Werzyn, owed a duty to Plaintiff Curtis Archer and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff Curtis Archer in particular. 10. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Jeremy Werzyn in operating her vehicle in a careless and negligent manner as follows: (a) Failing to observe Plaintiff's vehicle on the roadway; (b) Following too closely to Plaintiff's vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; (c) Failing to slow or stop the vehicle he was operating so as to avoid a rear-end collision; (d) Failing to maintain and stop the vehicle he was operating within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361 and applicable law; 524966-1 (e) Failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid the collision with the rear of Plaintiffs vehicle; (f) Failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (g) Failing to give warning to Plaintiff of his impending collision with Plaintiff's vehicle; (h) Moving his vehicle when not safe to do so in violation of 75 Pa. C.S.A. §3333 and applicable law; (i) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714(A) and applicable law; (j) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (k) Operating his vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; (1) Failing to obey traffic control signals in violation of 75 Pa. C.S.A. §3112 and applicable law; (m) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (n) Exceeding the applicable maximum speed limit in violation of 75 Pa.C.S.A. §3362 and applicable law; (o) In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (p) Failing to maintain a safe following distance; (q) Failing to observe stopped traffic; (r) Rear-ending Plaintiffs vehicle; (s) Failing to stay alert to traffic; 524966-1 (t) Failing to keep his eyes on the roadway; (u) In operating his vehicle while distracted; and (v) Failing to properly use his brakes. 11. As a direct and proximate result of the collision and the negligent and careless conduct of Defendant Jeremy Werzyn, Plaintiff Curtis Archer sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Neck injury/pain; (b) Severe sprain and strain of the muscles, tendons, ligaments and other soft tissues of the cervical spine; (c) Severe sprain and strain of the muscles, tendons, ligaments and other soft tissues of the lumbar spine; (d) Severe sprain and strain of the muscles,tendons, ligaments and other soft tissues of the thoracic spine; (e) Headaches/Migraines; (f) Muscle spasms; (g) Bilateral leg injury/pain; (h) Dizziness; (i) Multiple contusions; (j) Disturbed sleep; (k) Depression. 12. As a direct and proximate result of the aforesaid collision, negligence and 524966-1 carelessness of Defendant Jeremy Werzyn, Plaintiff Curtis Archer has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of life and limitations in his pursuit of daily activities for which damages are claimed. 13. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant Jeremy Werzyn, Plaintiff Curtis Archer has and/or may in the future incur expenses for medical treatment, surgery and rehabilitation for which damages are claimed. 14. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant Jeremy Werzyn, Plaintiff Curtis Archer sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances, and travel to and from medical appointments for which damages are claimed. 15. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant Jeremy Werzyn, Plaintiff Curtis Archer has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 16. Plaintiff Curtis Archer was a named insured under a policy issued by Erie Insurance. He had chosen the full tort option. Therefore, Plaintiff remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff Curtis Archer demands judgment in his favor and against the Defendant Jeremy Werzyn for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in York County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. 524966-1 METZGER, WICKERSHAM, KNAUSS &ERB, P.C. BY /_ - Catherine N. Reeves,Esquire I.D.No. 311267 Zachary D. Campbell,Esquire I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Date: 2013 Attorneys for Plaintiff 524966-1 VERIFICATION I, Curtis Archer, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: 0 1 J 3 1 / I 0„,{1.4 Curtis Archer 524966-1 CERTIFICATE OF SERVICE I, Catherine N. Reeves, Esquire,of the law firm of Metzger, Wickersham,Knauss &Erb, P.C.,hereby certify that I served a true and correct copy of Plaintiffs Complaint with reference to the foregoing action by first class mail,postage prepaid,this j day of , 2013 on the following: Jeremy Werzyn c/o Luisa F. Borelli, Esquire Law Offices of Hubshman & Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. atherine N. Reeves, Esquire 524966-1 LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli @Progressive.com Zn f 3 JUL -5 pp Attorney Identification No. 91620 a 5165 Campus Drive, Suite 200 '4D+`'IDERLAND COUNTY Plymouth Meeting, PA 19462 PENNSYLVANIA 610-276-4962 HC FILE 015J2-11014 CURTIS ARCHER : COMMON PLEAS : CUMBERLAND COUNTY v. • JEREMY WERZYN : NO. 13-2804 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer the Entry of Judgment Non Pros. LAW OFFICES OF HUBSHMAN&FLOOD BY: LUISA F.BORELLI,ESQUIRE DATE: 7.1.13 ❑ RULE TO FILE COMPLAINT AND NOW, this 3 day of ...)U-1 1 , 20 )3, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty(20) days hereof or suffer the Entry of Judgment Non Pros. T24dJo PROTHONOTARY '�,� €a T HE PRO r 2061, JUL 18 AM it: 02C METZGER, WICKERSHAM, P.C. By: Catherine N. Reeves, Esquire CUMBERLAND couNTY Attorney I.D. No. 311267 PENNSYLVAI~iIA Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff CURTIS ARCHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2013-2804 VS. CIVIL ACTION - LAW JEREMY WERZYN, Defendant WITHIN ARBITRATION LIMITS PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER 17. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiff, in his Complaint, has stated a cause of action upon which relief can be granted and Defendant has not filed any preliminary objections to the Complaint, which is incorporated herein by reference. 18. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff has sought the necessary medical treatment and has mitigated his damages the best he could. 19. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied as stated and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant has not identified the "other entities or parties". Defendant's negligence was 530271-1 the proximate cause or factual cause of Plaintiff's damages. Strict proof of the same is demanded. 20. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the civil action was filed against the Defendant prior to the expiration of the applicable statute of limitations. By way of further reply, the accident at issue occurred on August 5, 2011 and the earliest possible statute of limitations expiration would occur on August 5, 2013. The Writ of Summons was filed on May 17, 2013 and was served upon Defendant on June 7, 2013. The Defendant has no good faith basis to raise the statute of limitations defense in this Matter. 21. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff's vehicle was struck from behind by another vehicle when Plaintiff was at a complete stop. Plaintiff was not negligent in any manner, nor did he assume the risk of this accident or any injuries therefrom. Furthermore, Defendant has not identified how Plaintiff assumed the risk and cannot more specifically respond. Strict proof of the same is hereby demanded. 22. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of further reply, it is specifically denied that the Plaintiff was comparatively negligent, thereby limiting and/or barring any recovery. To the contrary, Plaintiff was not comparatively negligent or negligent in any manner. 23. The averments contained in paragraph 23 of Defendant's New Matter are denied as conclusions of law to which no reply is required. If a reply is required, the averments are 530271-1 specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the Defendant has failed to identify the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law which bar the claim and, as a result, Plaintiff cannot more specifically reply to Paragraph 23 of Defendant's New Matter. By way of further reply, Plaintiff is not barred by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law. Strict proof of the same is demanded. 24. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied. The averments are also denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant has failed to specify what provisions in the Pennsylvania No-Fault Motor Vehicle Insurance Act bar or limit Plaintiff's claims in whole or in part and therefore, Plaintiff is without sufficient information to respond to the averments. 25. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the incident in question occurred in this Court's jurisdiction. 26. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant was negligent and his negligence caused Plaintiff's injuries and damages as more specifically set forth in the Complaint filed in this action. 27. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, there was no "sudden emergency." Moreover, if there was any emergent situation, it was caused by Defendant's own negligence and/or carelessness as set forth in the Complaint filed in this action 530271-1 which is incorporated herein by reference. It is specifically denied that the Defendant is entitled to raise the Sudden Emergency Doctrine as a defense. WHEREFORE, Plaintiff, Curtis Archer, respectfully request that Defendant, Jeremy Werzyn's, New Matter be dismissed and that judgment be entered in his favor and against Defendant as requested in the Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: L:Y'4'e4 4- Catherine Reeves, Esquire Attorney I.D. No. 311267 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 (717) 234-9478 (fax) Attorneys for Plaintiff Dated: , 2013 530271-1 VERIFICATION I, Curtis Archer, hereby certify that the following is correct: The facts set forth in the foregoing Reply to New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Reply to New Matter is that of counsel and not my own. I have read the Reply to New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: '� l J OLWk' 0 Curtis Archer 530271-1 CERTIFICATE OF SERVICE I, Catherine Reeves, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Reply to Defendant's Answer And New Matter with reference to the foregoing action by first class mail, postage prepaid, this 17 'day of Q , 2013, on the following: Defendant, Jeremy Werzyn c/o Luisa F. Borelli, Esquire Law Offices of Hubshman&Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Catherine Reeves, Esquire 530271-1 NOTICE TO PLEAD CERTIFICATE OF SERVICE PTO: Plaintiffs I hereby certify that I have served a copy of the attached pleading upon all other parties or their + You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) attorneys by: days from service hereof or a judgment may be entered X regular mail against you. ❑ certified mail ❑ other By Luisa F.Borelli,Esquire BY Attorney for Defendant Luisa F.Borelli,Esquire Attorney for Defendant LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI,ESQUIRE Luisa_F_Borelli @Progressive.com C-) x Attorney Identification No. 91620 - 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 ; 610-276-4962 c) HC FILE 015J2-11014 s � ma c c: CURTIS ARCHER COMMON PLEAS vim= rr CUMBERLAND COUNTY v. : JEREMY WERZYN NO. 13-2804 DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2-3. Admitted. 4. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 7. Admitted. 8-10. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 11-15. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further answer, the answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs Complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 16. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. WHEREFORE,Answering Defendant demands judgment in his favor. NEW MATTER 17. Plaintiff s Complaint fails to state a claim upon which relief may be granted. 18. Plaintiff has failed to mitigate her damages. 19. if Plaintiff sustained the injuries and damages as alleged in his Complaint, then same were caused by other entities or parties over which Answering Defendant had no control. 20. Plaintiff's claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 21. Plaintiff voluntarily adopted a dangerous and hazardous method or manner of performing the actions that he was then undertaking when there was a safe method available and she thereby assumed the risk of injury in performing his actions. I 0 � 22. Plaintiff's claims are barred, or must be reduced, as a result of Plaintiff s own negligence, which was the proximate cause of the incident described in Plaintiffs Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7100. 23. Plaintiffs claims are barred and/or limited. by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 24. Plaintiffs claims are barred and/or limited by the Pennsylvania Motor Vehicle No- Fault Insurance Act. 25. This Court lacks jurisdiction over the subject matter of the within action. 26. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were not proximately caused by any action or failure to act on behalf of Answering Defendant. 27. Answering Defendant avers that Plaintiff s cause of action is barred or limited by the Sudden Emergency Doctrine. WHEREFORE, Answering Defendant demands judgment in her favor. LAW OFFICES OF HUBSHMAN& FLOOD BY: Luisa F. Borelli Esquire Date: 7.9.13 Attorney for Defendant VERIFICATION I, Luisa F. Borelli, Esquire, aver that I am the attorney for the Defendant in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Luisa F. Borelli, Esquire LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli @Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendant, 610-276-4962 Jeremy Werzyn , HC FILE 015J2-11014 CURTIS ARCHER COMMON PLEAS ; CUMBERLAND COUNTY n V. JEREMY WERZYN sv NO. 13-2804 -- JURY DEMAND -< -� TO THE PROTHONOTARY: Defendant,Jeremy Werzyn,demands trial by twelve(12)jurors. LAW OFFICES OF HUBSHMAN&FLOOD BY: LUISA F.BORELLI,ESQUIRE Attorney for Defendant, Jeremy Werzyn DATE: 7.9.13 i E { --r -7.1-- • t- --ID - CERTIFICATE CD •• - PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas-Cumberland County,PA CURTIS ARCHER vs. TERM: / / JEREMY WERZYN CASE No: 13-2804 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of LUISA F. BORRELLI Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 07/23/2013 RecordTrak on behalf of /S/LUISA F. BORRELLI Attorney for Defendant ■ RT#: 254600 RECORDS PERTAIN TO: CURTIS ARCHER CURTIS ARCHER • COURT: Court Of Common Pleas-Cumberland County,Pa vs. • TERM: / / JEREMY WERZYN : DOCKET: 13-2804 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: CATHERINE REESE LAW OFFICES OF CATHERINE REESE P.O. BOX 5300 HARRISBURG,PA 17110 July 17, 2013 Please take notice that on behalf of L UISA F. BORRELLI, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s)attached to this notice. You have until August 6, 2013 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made,the subpoena(s)will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD,PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS,PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY August 6,2013 TO(610)992-1405. All records will be provided(including no record statements)as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia,PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN MATERIALS BEING OBTAINED 1 ERIE INSURANCE 1 . ANY AND ALL RECORDS INCLUDING BUT NOT LIMITED TO EXCHANGE(CL#0101711790989 ORIGINAL CLAIMS,MEDICAL RECORDS, STATEMENTS,HEARING 2508893) TRANSCRIPTS, INDEPENDENT MEDICAL EXAMINATIONS,PAYMENT LOGS,DAILY CLAIM LOG, CORRESPONDENCE, AND ANYTHING ELSE WHATSOEVER REGARDING ANY CLAIMS FILED FOR CLAIM #01017117909892508893;DATE OF LOSS: 8/5/11. Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiffs Counsel: Date: FIRM: EMAIL: To: ERIE INSURANCE RECORDTRAK EXCHANGE(CL#010j7117909892508893) 651 Allendale Road 1400 NORTH PROVIDENCE R'D P.O. Box 61591 �� � TH OF PENNSYLVANIA of Prussia,PA 19406 OF CUMBERLAND • Curtis Archer •V File No. 13-2804 Jeremy Werzyn • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: TAUArgAll 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: eta. p. - f- at RecordTrak.651 Allendale Rd.PO Box 61¢91.Mina of Prussia.PA 19406. You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the . things sought. if you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: . - Name: RecordTrak, Luisa F. Borrelli. Esq. Address: 651 Ajjergdale Rd. PO Box 61591 King of Prussia. PA 19406 Telephone: 600-801-7620 BY T COURT: Supreme Court IDS Attorney for: Defendant • • Prothon• • + tic, Civil Division DATE: I' ► Sea of Cobrt. RE: CURTIS ARCHER vs. JEREMY WERZYN CASE NO. 13-2804 RECORDTRAK FILE#: 254600; TAG 1 LOCATION: ERIE INSURANCE EXCHANGE(CL#01017117909892508893) RECORDS PERTAIN TO: CURTIS ARCHER SS#: --,DOB: 04/08/1960 1 .ANY AND ALL RECORDS INCLUDING BUT NOT LIMITED TO ORIGINAL CLAIMS,MEDICAL RECORDS,STATEMENTS,HEARING TRANSCRIPTS, INDEPENDENT MEDICAL EXAMINATIONS,PAYMENT LOGS,DAILY CLAIM LOG, CORRESPONDENCE,AND ANYTHING ELSE WHATSOEVER REGARDING ANY CLAIMS FILED FOR CLAIM#01017117909892508893;DATE OF LOSS:8/5/11. I+ (.i{i(i''Its.` j •,ei .1.— i i tjTHO QTAR i Law Offices of Hubshman&Flood By: Luisa F Borelli, Esquire 2013 OCT 1 7 PH 2` 44 Attorney ID #91620 Attorney for Defendant, 5165 Campus Drive, Suite 200 Jeremy Werzyn CUMBERLAND COUNTY Plymouth Meeting, PA 19462 PENNSYLVANIA Telephone #(610)276-4962 Our File #113534806-001 CURTIS ARCHER : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. . JEREMY WERZYN .• • : 13-2804 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: 1. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. Law Offices of Hubshman & Flood c / B W —' Luisa F Bo • i, =quire Attorney or ■ - endant Date: October 7, 2013 - Law Offices of Hubshman&Flood By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive,Suite 200 Attorney for Defendant, Plymouth Meeting, PA 19462 Jeremy Werzyn 'telephone #(610) 276-4962 Our File #113534806-001 CURTIS ARCHER : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. • • JEREMY WERZYN • : 13-2804 • NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CURTIS ARCHER: H & H Service Company Employment Records John J. McMillen, M.D. Medical Records TO: Catherine Reese, Esquire Luisa F Borelli, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Avery Jackson. Luisa F Borelli, Esquire,Attorney for Defendant Date of Issue: September 16, 2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUM IS ARCHER Court of Common Pleas Plainiifj' JEREMY WERZYN No.13-2804 L)efiindani Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 i 0: H & H Service Company (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the lollowing documents or things: Copies of any and all records contained in the Employment File of Ct R'T1 ARCHER, DOB: April 8, 1960; SSN: 200-50-5172. at 5165 Campus Drive, Suite 200, Plymouth Meeting, PA. You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. 11 you fail to produce the documents or things required by this subpoena within twenty (20) days alter its sen.ice, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: . e23t 2013 Name: Luisa F Borelli, Esquire Address: 5165 Campus Drive,Suite 200 Plymouth Meeting, PA 19462 Telephone: (610)276-4962 Supreme Court ID#: 91620 I v\ Attorney for: Defendant BY THE COURT: a f . 4-7 PRO apt. �G`L. (fr t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CURTIS ARO IER Court of Common Pleas Minty" JEREMY WERZYN No.13-2804 Defendant Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 10: John J. McMillen, M.D. (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of any and all records for the past 10 years pertaining to CURTIS ARCHER, DOB: April 8, 1960. at 5165 Campus Drive, Suite 200, Plymouth Meeting,PA. You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after ,(.1 vice, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: 'afyk..,08 2013 Name: Luisa F Borelli, Esquire Address: 5165 Camps Drive Suite 200 Plymouth Meeting,PA 19462 Telephone: (610)276-4962 Supreme Court 1D#: 91620 Attorney for: Defendant BY THE COURT: <\,> PRO_ 1 .4d_ ch7c/ZH2-at-i' 1 Law Offices of Hubshman&Flood L -" 1 ! �^ : .� By:Luisa F Borelli,Esquire ..:. t,�;� �� ANN� . Attorney ID#91620 11r �N• u14 5165 Campus Drive,Suite 200 Attorney for DeferaitIBERt to v Plymouth Meeting,PA 19462 Jeremy Werzyn ;� a �,�, ;- 'U bi �N T Telephone#(610)276-4962 Our File#113534806-001 CURTIS ARCHER : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. JEREMY WERZYN : 13-2804 DEFENDANT'S MOTION TO COMPEL PLAINTIFF, CURTIS ARCHER'S, RECORDS FROM JOHN J. MCMILLEN, M.D. 1. This is an action for personal injury arising out of an automobile accident. 2. On October 7, 2013 Defendant's counsel requested, by Subpoena, documents and things relating to Plaintiff, Curtis Archer, from John J. McMillen, M.D.. See Correspondence Attached as Exhibit "A". 3. To date, John J. McMillen, M.D. has not responded to Defendant's Subpoena, nor have they sought a Protective Order. 4. Copies of these documents are required in order to obtain important information and permit Defendant to prepare for trial in this matter. Furthermore, Defendant will be prejudiced if full and complete responses to this Subpoena are not forwarded. 5. The failure of John J. McMillen, M.D. to respond to Defendant's Subpoena is in violation of the applicable Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order against John J. McMillen, M.D. in the form attached hereto. Law Offices of Hubshman &Flood �r► By: �1 )', isa F Borelli, Esquire Attorney for Defendant Law Offices of Hubshman&Flood By:Luisa F Borelli,Esquire Attorney ID#91620 5165 Campus Drive,Suite 200 Attorney for Defendant Plymouth Meeting,PA 19462 Jeremy Werzyn Telephone#(61o)276-4962 Our File#113534806-001 CURTIS ARCHER : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. • • JEREMY WERZYN : 13-2804 DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL PLAINTIFF'S RECORDS 1. Matter before the Court: Before the Court is Defendant's Motion to Compel Discovery in the form of a Motion to Compel Records from John J. McMillen, M.D.. 2. Statement of Question Involved: Is Defendant entitled to an Order compelling John J. McMillen, M.D. to respond to Defendant's Subpoena for Production of Documents pertaining to Plaintiff, Curtis Archer, served more than thirty(30) days ago and is now overdue? Suggested answer: Yes. 3. Facts: On October 7, 2013, Defendant's counsel forwarded to John J. McMillen, M.D. a Subpoena for Production of Documents for records on Plaintiff, Curtis Archer. More than thirty (30) days have now elapsed and John J. McMillen, M.D. have failed to respond to the Subpoena. On October 30, 2013, Defendant's counsel sent a request to John J. McMillen, M.D. to forward records on Plaintiff, Curtis Archer, within ten (1o) days. 4. Argument: Pa. R. C. P. 4009.21, titled, Written Interrogatories to a Party permits a party seeking production from a person not a party to the action to request production of documents after providing a twenty day notice to all parties of the intent to serve such subpoena. On September 16, 2013, Defendant filed a Notice of Intent to Serve Subpoena upon John J. McMillen, M.D. , which was served on all parties via first class mail. On October 7, 2013,the Subpoena was served on John J.McMillen,M.D.. Thirty days have now elapsed since Defendant served such Subpoena and John J. McMillen,M.D.has failed to respond or otherwise object to the Subpoena 6. Relief: Wherefore, Defendant respectfully requests this Court grant the Motion and issue an Order compelling John J. McMillen, M.D. to respond to Defendant's subpoena within twenty(2o) days. Law Offices of Hubs •• .. &Flood 1 By: �1► Luisa F Borelli, Esquire Attorney for Defendant IN THE COURT OF COMMON PLEAS OF PHILADELPHIA, FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION CURTIS ARCHER : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. JEREMY WERZYN •• : 13-2804 ATTORNEY CERTIFICATION OF GOOD FAITH. The undersigned for movant hereby certifies and attests that: X a) Defense counsel has had the contacts described below with opposing counsel regarding the discovery matter contained in the foregoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel's good faith attempts to resolve the dispute(s), counsel has been unable to do so. Description: On October 3o, 2013, counsel for Defendant sent a letter to John J. McMillen, M.D. requesting the records be produced within ten days or a motion would be filed. John J. McMillen, M.D.has not responded to the Subpoena. b) Defense counsel has made a good faith but unsuccessful efforts described below to contact opposing counsel in an effort to resolve the discovery dispute. Description: 1 ` By: L isa F Borelli, Esquire Attorney for Defendant "Note: The signature of respondent's counsel is not required" EXHIBIT "A" • LAW OFFICES OF HUBSHMAN & FLOOD Not a Partnership,Not a Corporation 5165 CAMPUS DRIVE, SUITE 200 PLYMOUTH MEETING, PA 19462 Luisa F Borelli, Esquire Direct#(610) 276-4962 Luisa_F_Borelli @Progressive.com SALARIED EMPLOYEES OF PROGRESSIVE CASUALTY Facsimile #(866) 842-1482 INSURANCE COMPANY October 7, 2013 Via Certified Mail-RRR- 9171999991703086923057 John J. McMillen, M.D. Attention: Medical Records 1001 S. Market Street, Suite D Mechanicsburg, PA 17055 RE: Archer v.Werzyn Cumberland County Court of Common Pleas No. 13-2804 File No. 113534806-001 Dear Sir/Madam: Enclosed is a Subpoena to Produce Documents or Things for Discovery directing you to produce the records identified therein pertaining to Curtis Archer. Please produce all of the requested records to me by October 28, 2013 in the manner designated on the subpoena. If you require a reasonable fee to cover the cost of copying the requested documents, please fax an invoice to Ro Mansfield at #(866) 842-1482 including your Tax Identification Number and a check will be sent to you. Thank you for your time and attention to this matter. Very truly yours, /s/lfb Luisa F Borelli, Esquire LFB/rcm Enclosure cc: Catherine Reese, Esquire Law Offices of Hubshman&Flood By:Luisa F Borelli,Esquire Attorney ID#91620 5165 Campus Drive,Suite 200 Attorney for Defendant Plymouth Meeting,PA 19462 Jeremy Werzyn Telephone#(610)276-4962 Our File#113534806-001 CURTIS ARCHER : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. JEREMY WERZYN • : 13-2804 CERTIFICATE OF SERVICE I, Luisa F Borelli, attorney for Defendant, hereby certify that I caused a true and correct copy of Defendant's Motion to Compel Records to be deemed served this date via Regular First Class Mail on Catherine Reese, Esquire, and via certified mail, return receipt requested # 7009 2250 0002 9319 2588: John J. McMillen, M.D. 1001 S. Market Street, Suite D Mechanicsburg, PA 17055 Law 0 • ces of Hubshman&Flood By: t: ia Luisa F Bore 1, Esquire Attorney for Defendant Date: 11/20/13 CURTIS ARCHER : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. • • JEREMY WERZYN • • : 13-2804 ORDER AND NOW, this day of , 20 13 , it is hereby ORDERED and DECREED that Defendant's Motion is GRANTED and John J. McMillen, M.D. is to respond to Defendant's Subpoena within twenty (20) days of the date of this Order or risk further sanctions as may be appropriate BY THE COURT: VI\ J. "pa w ,f xr71 ."r , t Cl y^+ to w • -i `J • I -ti i S'Ci L, gore//, g-5 Ca Cr 4i e Reese, Lsl/ 'es ,7ed ///Z?/jam �lL� EIt 3fl - 1 : 13 DEC -2 PH 1: CUMBERLAND CCU NT':' METZGER, WICKERSHAM, P.C. PENNSYLV=ANIA By: Catherine N. Reeves, Esquire Attorney I.D. No. 311267 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Attorneys for Plaintiff CURTIS ARCHER, • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • NO. 2013-2804 vs. • CIVIL ACTION - LAW • JEREMY WERZYN, • Defendant • WITHIN ARBITRATION LIMITS PRAECIPE FOR CHANGE OF ADDRESS TO THE PROTHONOTARY: Kindly note the change of address of counsel for the Plaintiff, Curtis Archer, from 3211 North Front Street, P.O. Box 5300, Harrisburg, PA 17110-0300 to: Catherine N. Reeves, Esquire Zachary D. Campbell, Esquire Metzger, Wickersham, Knauss &Erb, P.C. 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 540213-1 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 'r)r By: _Ar_ Catherine Reeves, Esquire Attorney I.D. No. 311267 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Attorneys for Plaintiff Dated: 540213-1 w CERTIFICATE OF SERVICE I, Melanie L. Kirk, Paralegal with the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe for Change of Address with reference to the foregoing action by first class mail, postage prepaid, this 414'day of ko Amber , 2013, on the following: Luisa F. Borelli, Esquire Law Offices of Hubshman& Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 ✓�`4 c- Melanie L. Kirk, Paralegal 540213-1 ITtl- i ~f3E i`� 01F THE 1 ROTHONOTAR PRAECIPE FOR LISTING CASE FOR JURY TRIAL MI 4EE I I AM M 46 (Must be typewritten and submitted in triplicate)C" YND COUNTY TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. ------------------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE jentire caption must be stated in full] (check one) ❑■ Civil Action—Law ❑Appeal from arbitration CURTIS ARCHER (other) (Plaintiff) No. 13-2804 Civil Term VS. The trial list will be called on JEREMY WERZYN and (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials) VS. Trials commence on Indicate the attorney who will try case for the party who files this praecipe: Luisa F. Borelli, Esquire Indicate trial counsel for other parties if known: Catherine Reeves, Esquire 2321 Paxton Church Road P.O. Box 69200 Harrisburg, Pa 17106 �1 This case is ready for trial. Signed: Print Name: Luisa F. Borelli Date: 12/6/13 Attorney for: Defendant ?Spd a �� �Ia CURTIS ARCHER, • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. • CIVIL ACTION - LAW JEREMY WERZYN, • Defendant • 13-2804 CIVIL TERM IN RE: CALL OF THE CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 7th day of January, 2014, this being the time and place set for the Call of the Civil Trial List, and Catherine Reeves, Esquire, having appeared on behalf of the Plaintiff and representing this matter should be stricken from the trial list, this matter is hereby stricken from the trial list . By the Court, (2/tit.•-4 /1 /4-'6/(- Christy ee L. Peck, J. Catherine Reeves, Esquire For the Plaintiff // ;711sa F. Borelli, Esquire For the Defendant Prothonotary ) (,4 Ct . Admin. r. ; c pcb e1 Es /YL�.< <€. /Nig IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Curtis Archer • Plaintiff • NO. 13-2804 CIVIL TERM VS • Jeremy Werzyn Defendant • c s--• rT7 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially ii� following form: z� c.n THE PETITION FOR APPOINTMENT OF ARBITRATORS E -aT:. TO THE HONORABLE, THE JUDGES OF SAID COURT: -. ` y. Catherine N. Reeves , counsel for the plaintiff/defendant in the "above action(or actions), respectfully represents that: 1. The above-captioned action(or actions) is(are)at issue. 2. The claim of plaintiff in the action is $20,000.00 The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: n/a WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Re therine N.�ee es,Esq 1Ys_. Metzger, Wickersham, Knauss & Erb, P.C. oz Sa$.SO V ORDER OF COURT 0_1(-4 1 I F�ZC0c1v AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions)as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Curtis Archer • Plaintiff NO. 13-2804 CIVIL TERM VS • • Jeremy Werzyn Defendant • c s c n --� RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially hillifittel following form: r. THE PETITION FOR APPOINTMENT OF ARBITRATORS -13 -r. p. TO THE HONORABLE, THE JUDGES OF SAID COURT: ::' --.!_�> Catherine N. Reeves , counsel for the plaintiff/defendant in the "above ` action(or actions), respectfully represents that: 1. The above-captioned action (or actions) is(are)at issue. 2. The claim of plaintiff in the action is $20,000.00 The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators: n/a WHEREFORE,your petitioner prays your Honorable Court to appoint three (3)arbitrators to whom the case shall be submitted. Re yet brt�� therine N. ee es, Esq -ems Metzger, Wickersham, Knauss & Erb, P.C. 0" gag.Soi o ORDER OF COURT e, _t 1 I at �1 41v AND NOW, c, 14,id /a , 20 , in cnsideration of the foregoing petition, 4i-Let. Esq., and ..//, . /L/,. • Esq., and ° 2Q7,P, Esq., are appointed arbitrators in the above - captioned action (or actions) as prayed for. r 4 c. r I /` By the Court, /CLI SCI 40/ <lr, •4( ° cv <t•-r" — L� yer N)cam/Sliawt KEVIN A. HE , P.J. 145 MKR,Ik4( eL t=3 a//3/ei AlVt eVzVkl, Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 13 - 21W / Civil Action — Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States .tel ion riithis Commonwealth and that we will discharge the duties of our office with fidelity. the Cn --b TDvcI W - e L.dC c Name (Chairman) 1--17)4445a1) cc -(76‘e_ Law Firm Signature Rom c. May Name Law Firm Po D0 80X /O l 1330 Ca 11.36_ 'k Address Address Les City, 17°L13 Zip Zip Comp Ibll FA 1---b1) City, Zip Sig. ature (DMc, .Cru - Name °1M (Z)��� tvr 7)c Law Firm CAS � aC0145.5 Address &pip [4-; Il TA ? l o (( City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for e ay are awarded, they shall be eparately stated.) .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: 5-igiq �s1�y Notice of Entry of Award Now, the (® � day of Illeon 20 /17 ,at I = % , P .M., the above award was entered upon the docket and ndtice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 4M £Z) - r onotary sj,itq Per pkv3;lc. Call L;ptee mr. l L..tcP!$ secs- i -v. Deputy av ER'LL_AN0 00 P?ENNSY-LVANt CURTIS ARCHER v. JEREMY WERZYN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : 13-2804 ORDER TO SATISFY AWARD OF ARBITRATORS TO THE PROTHONOTARY: Kindly mark the Award of the Board of Arbitrators in the above case "Satisfied". Cn C-) cD Luisa F. Borelli, Esquire Attorney for Defendant, Catherine Reeves, Esquire Attorney for Plaintiff