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HomeMy WebLinkAbout13-6703 Supreme Co nnsylvania Co U leas For Prothonotary Use Only: y l },t - y r� Docket No: � � i CU A County The information collected on this form is used solely for court administration purposes. This form does not _ supplement or r eplace the filing a nd service of pleadings or other papers as required by law or rules of court. i Commencement of Action: IM Complaint E3 Writ of Summons © Petition ' 0 Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: .} HENRY GRAJALES, JR. TREVOR MICHAEL ROWE a /k/a MICHAEL ROWE T t Dollar Amount Requested: Owithin arbitration limits Are money damages requested? 0 Yes E3 No (check one) ®outside arbitration limits t O; N Is this a Class Action Suit? El Yes 0 No Is this an MDJAppeal? Q Yes 0 No A­ ( Name of Plaintiff /Appellant's Attorney: JOEL J. KOFSKY, ESQUIRE t Check here if you have no attorney (are a Self- Represented [Pro Se] .Litigant) Nature of the _Case Place an 'X' ' to the left of the ONE .case category that most accurately describes your PRIMARYCASE. If you are making. more than one type of claim, check the' one that t you consider most important. . TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional Buyer Plaintiff Administrative Agencies ® Malicious Prosecution Debt Collection: Credit Card Board of Assessment El Motor Vehicle Debt Collection: Other 0 Board of Elections ® Nuisance [3 Dept. of Transportation ® Premises Liability Statutory Appeal: Other S. ® Product Liability (does not include [3 Employment Dispute: mass tort) Slander/Libel/ Defamation Discrimination ® Other: rl Employment Dispute: Other Zoning Board ® Other: T. I E3 Other: MASS TORT 0 Asbestos ® Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste E3 Other: [3 Ejectment © Common Law /Statutory Arbitration B [2 Eminent Domain/Condemnation [3 Declaratory Judgment E3 Ground Rent 13 Mandamus ® Landlord/Tenant Dispute 0 Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY rl Mortgage Foreclosure: Commercial El Quo Warranto Dental Partition Replevin �. [3 Legal © Quiet Title Other: Medical Other: ® Other Professional: I Updated 1/1/2011 THE LAW OFFICE OF JOEL J. KOFSKY JOEL J. KOFSKY, ESQUIRE ATTORNEY I.D. #61114 2 PENN CENTER, #1050 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19102 15) 735 -4800 HENRY GRAJALES, JR. COURT OF COMMON PLEAS 12 S. 13" St. CUMBERLAND COUNTY Harrisburg, PA 17104 CIVIL DIVISION V. . 7D? �L TREVOR MICHAEL ROWE a /k/a MICHAEL ROWE : `rT1 C-5 s ~ 3575 Old Hershey Rd." Elizabethtown PA 17022 ^'' NOTICE TO DEFEND NOTICE AVISO -[ You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Si usted against the claims set forth in the following pages, quiere defenderse de estas demandas expuestas you must take action within twenty (20) days after en las paginas siguientes, usted tiene veinte (20) this complaint and notice are served, by entering a dias de plazo al partir de la fecha de la demanda y written appearance personally or by attorney and la notificacion. Hace falta asentar una filing in writing with the court your defenses or comparencia escrita o en persona o con un objections to the claims set forth against you. You abogado y entregar a la corte en forma escrita sus are warned that if you fail to do so the case may defensas o sus objeciones a [as demandas en proceed without you and a judgment may be contra de su persona. Sea avisado que si usted no entered against you by the court without further se defiende, la corte tomara medidas y puede notice for any money claimed in the complaint or continuar la demanda en contra suya sin previo for any other claim or relief requested by the aviso o notificacion. Ademas, la corte puede plaintiff. You may lose money or property or other decidir a favor del demandante y requiere que rights important to you. usted cumpla con todas las provisiones de esta You should take this paper to your lawyer at demanda. Usted purde perer dinero o sus once. if you do not have a lawyer or cannot propiedades u otros derechos importantes pars afford one, go to or telephone the office set usted. forth below to find out where you can get legal Lleva esta demanda a un abogado help. This office can provide you with information inmediatamente. Si no tiene abogado o si no about hiring a lawyer. Jf you cannot afford to hire a tiene el dinero suficiente de pagar tal servicio. lawyer, this office may be able to provide you with Vaya en persona o /lame por telefono a la information about agencies that may offer legal oficina cuya direccion se encuentra escrita services to eligible persons at a reduced fee or no abajo para averiguar donde se puede conseguir fee. asistencia legal. Cumberland County Bar Association Asociacion de Licenciados Lawyer Referral de Cumberland County and Information Service Servicio de Referencia e 32 S. Bedford St. Carlisle, PA 17013 Informacion Legal (717) 249 -3166 32 S. Bedford St. Carlisle, PA 17013 (717) 249 -3166 7s l art CIL 11?9N r THE LAW OFFICE OF JOEL J. KOFSKY JOEL J. KOFSKY, ESQUIRE ATTORNEY I.D. #61114 2 PENN CENTER, #1050 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19102 (215) 735 -4800 HENRY GRAJALES, JR. COURT OF COMMON PLEAS 12 S. 13" St. CUMBERLAND COUNTY Harrisburg, PA 17104 : CIVIL DIVISION V. NO. TREVOR MICHAEL ROWE a /k/a MICHAEL ROWE 3575 Old Hershey Rd. Elizabethtown PA 17022 CIVIL ACTION COMPLAINT 2V - MOTOR VEHICLE ACCIDENT Plaintiff, Henry Grajales, Jr. by and through his undersigned counsel, herein files this Civil Action Complaint against Defendant, and in support thereof, avers as follows: 1. Plaintiff, Henry Grajales, Jr., is an adult individual residing at 12 South 13'" Street, Harrisburg, Pennsylvania. 2. Defendant, Trevor Michael Rowe a /k/a Michael Rowe (hereinafter "Michael Rowe "), is, upon information and belief, an adult individual, residing at 3575 Old Hershey Road, Elizabethtown, Pennsylvania. 3. On or about February 24, 2012 at or about 8:00p.m., Defendant, Michael Rowe, owned and operated a 2008 Chevy motor vehicle, Pennsylvania Tag Number GYR0195, traveling on Lowther Street at or near its intersection with 3r Street in the Borough of Lemoyne, Cumberland County. 4. On the aforesaid date and time, Plaintiff was operating a bicycle on 3 Street at or near its intersection with Lowther Street in the Borough of Lemoyne, Cumberland County. 5. On the aforesaid date and time, due to the negligence of Defendant, suddenly, and without warning, a violent accident occurred wherein the vehicle operated by Defendant f collided with the bicycle operated by Plaintiff, causing Plaintiff to sustain severe and personal injuries and other damages, as more fully set forth herein. 6. The accident described above was caused solely by the negligence and carelessness of Defendant, Michael Rowe, and was in no manner due to any act or omission on the part of Plaintiff. COUNT I — NEGLIGENCE HENRY GRAJALES, Jr. vs. MICHAEL ROWE 7. Plaintiff, Henry Grajales, Jr., hereby incorporates all preceding paragraphs of this Complaint as though fully set forth at length. 8. The aforesaid accident was caused by the negligence and carelessness of defendant, Michael Rowe, consisting of, but not limited to thefollowing: a. violated Section 3361 of the Motor Vehicle Code by failing to operate his /her vehicle at a safe and appropriate speed when approaching an intersection; b. failed to have his /her vehicle within proper and adequate control; C. failed to keep a reasonable lookout for vehicles /pedestrians lawfully upon the road; d. failed to take or employ adequate and basic maneuvers in order to avoid and /or prevent the accident or incident in question; e. failed to apply his /her brakes in time to avoid the collision; f. in negligently applying the brakes; g. failed to operate his /her vehicle in accordance with the existing traffic conditions and traffic controls; h. failed to operate his /her vehicle in a manner consistent with the road, traffic and weather conditions prevailing at the time; i. failed to operate said motor vehicle with due regard for the rights, safety, health and position of other motorists and /or pedestrians upon the roadway, including the plaintiff; j. failed to properly and adequately maintain, obey and comply with the Pennsylvania Motor Vehicle Code, and the rules of the road; r k. was otherwise operating his /her vehicle in a careless, reckless and - negligent manner, in a fashion which violated all applicable statutes and ordinances governing the operation of a motor vehicle; I. in failing to maintain the vehicle in a proper manner and state of repair; M. in permitting or allowing the vehicle to strike and collide with the plaintiff; n. in failing to exercise the high degree of care required of a motorist entering an intersection; o. in failing to properly observe traffic signals; p. in attempting to enter an intersection when such movement could not be safely accomplished; q. in failing to yield the right of way to traffic already upon the intersection; r. in failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles; and S. engaging in such other negligent and /or careless conduct as may be revealed during the course of discovery and investigation; 9. As a result of the aforesaid accident, plaintiff, Henry Grajales, Jr., sustained serious injuries, including, but not limited to: head trauma, concussion, post- concussive syndrome, cervical sprain and strain, cervicalgia, and other injuries that may be known or unknown at time. 10. As a further result of the aforesaid accident, plaintiff, Henry Grajales, Jr. suffered pain and agony and may and probably will in the future suffer for an indefinite period of time, perhaps permanently. 11. As a further result of the aforesaid accident, plaintiff, Henry Grajales, Jr., has been and probably will in the future be obliged to spend large sums of money for medical attention and medication in an effort to cure his injuries. 12. As a further result of the aforesaid accident, plaintiff, Henry Grajales, Jr. has } suffered permanent and serious disfigurement. 13. As a further result of the aforesaid accident, plaintiff, Henry Grajales, Jr., has lost or may have lost time from his employment which has been to his severe detriment. 14. As a further result of the aforesaid accident, plaintiff, Henry Grajales, Jr., suffered or may in the future suffer severe impairment of his earning capacity and power. 15. As a direct and proximate result of defendant, Michael Rowe's acts, Plaintiff, Henry Grajales, Jr., has sustained the damages set forth above. WHEREFORE, Plaintiff, Henry Grajales, Jr., demands judgment in his favor and against the defendant, Trevor Michael Rowe, a /k /a Michael Rowe, in an amount not in excess of Fifty Thousand Dollars ($50,000.00) in compensatory damages with lawful interest thereon and costs of suit and brings this action to recover same. LAW OFF ES OF JOEL J. KOFSKY BY: JOE J. KOFS , ESQUIRE Attor ey for Plai tiff VERIFICATION I, Joel J. Kofsky, Esquire, hereby state that I am counsel for Plaintiff in this action and hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that the statements in said pleading are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. JO KOFSKY, E QUIRE Date: 11/05/13 LAW OFFICE OF JOEL J. KOFSKY I 'I � i I{J?I l ; JOEL J. KOFSKY, ESQUIRE j B �. ATTORNEY I.D. #61114 TWO PENN CENTER, SUITE 1050 L ;�I COUNT ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19102 PENNSYLVANIA (215) 735-4800 HENRY GRAJALES, JR. • COURT OF COMMON PLEAS • CUMBERLAND COUNTY v. • • CIVIL DIVISION TREVOR MICHAEL ROWE a/k/a MICHAEL ROWE • NO. 13-6703 CIVIL PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the Verification of Joel J. Kofsky, Esquire, which was attached to Plaintiffs Civil Action Complaint, filed with the Court on November 12, 2013 in the above- captioned matter, with the Verification of Plaintiff, Hen ra.:les, Jr., attached hereto. BY: AIM JOE J. KOFSKY, ESQUIRE Attor ey for Plai iff Dated: November 15, 2013 VERIFICATION I, Henry Grajales, am the Plaintiff in this action and hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that the statements in said pleading are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. off - 62,121-/— H f;YG' AAAL • Date: /� " /72 92O/,-3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson w L. Sheriff rr ti of Cower/ 4 Jody S Smith „, r. Chief Deputy ;:=., 3 DEC —2 Ali I Richard W Stewart CUMBERLAND Solicitor {3FP ICE Or`'`'E' "F,R,Fa PENNSYLVANIA Henry Grajales, Jr. Case Number vs. Trevor Michael Rowe 2013-6703 SHERIFF'S RETURN OF SERVICE 11/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Trevor Michael Rowe, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint&Notice according to law. 11/19/2013 The requested Complaint& Notice returned by the Sheriff of Lancaster County, the within named Defendant Trevor Michael Rowe, not found. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $28.00 SO ANSWERS, November 22, 2013 RONNW ANDERSON, SHERIFF :"i Cuurt'Suite Shenf'.Teleosoft.b?r,. SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese Brad Harris Sheriff s Solicitor Marc Lancaster Charles Hamilton Chief Deputy Lieutenant HENRY GRAJALES, JR vs. Case Number TREVOR MICHAEL ROWE 2013-6703 SHERIFF'S RETURN OF SERVICE 11/19/2013 02:21 PM- I, 'DEPUTY HEIM , BEING DULY SWORN ACCORDING TO LAW, STATES I MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: TREVOR MICHAEL ROWE, BUT WAS UNABLE TO LOCATE THE DEFENDANT. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT& NOTICE AS"NOT FOUND"AT 3575 OLD HERSHEY ROAD, ELIZABETHTOWN, PA 17022. THIS ADDRESS IS WELL INTO DAUPHIN COUNTY. • MELISSA HEIM, DEPUTY SHERIFF COST: $61.84 SO ANSWERS, November 20, 2013 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 11/15/2013 Advance Fee Advance Fee 18986 $0.00 $150.00 11/15/2013 Receiving,Docketing&Return $9.00 $0.00 11/15/2013 Service $9.00 $0.00 11/15/2013 Affidavit $2.50 $0.00 11/15/2013 Deputy Time $10.00 $0.00 11/15/2013 Copies $6.00 $0.00 11/19/2013 Service M!!eage $20.34 $0.00 11/20/2013 Not Found Return $5.00 $0.00 11/20/2013 Refund $88.16 $0.00 $150.00 $150.00 BALANCE: $0.00 j Plaintiff Attorney:LAW OFFICE OF JOEL J KOFSKY,_1500 JFK BLVD STE 1050, PHILADELPHIA, PA 19102 THE LAW OFFICE OF JOEL J. KOFSKY JOEL J. KOFSKY, ESQUIRE ATTORNEY I.D. #61114 2 PENN CENTER, #1050 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19102 (215) 735-4800 HENRY GRAJALES, JR. COURT OF COMMON PLEAS 12 S. 13" St. CUMBERLAND COUNTY Harrisburg, PA 17104 CIVIL DIVISION V. NO. l�j -0 V TREVOR MICHAEL ROWE a/k/a MICHAEL ROWE 3575 Old Hershey Rd. Elizabethtown, PA 17022 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Civil Action Complaint in the above-captioned matter. BY:ffzx—-," iGEO. KOFSIq , ESQUIRE Attor y for Plaintiff Dated: December 3, 2013 cn V � r"o cL �q , � -�- a �� THE LAW OFFICE OF JOEL J. KOFSKY JOEL J. KOFSKY, ESQUIRE ATTORNEY I.D. #61114 2 PENN CENTER, #1050 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19102 (215) 735-4800 HENRY GRAJALES, JR. : COURT OF COMMON PLEAS 12 S. 13th St. : CUMBERLAND COUNTY Harrisburg, PA 17104 : CIVIL DIVISION v. : NO. 13-6703 TREVOR MICHAEL ROWE a/k/a MICHAEL ROWE • • 3575 Old Hershey Rd. ' rr r i. Elizabethtown, PA 17022 • N PRAECIPE TO REINSTATE COMPLAINT _7-1(7 CD TO THE PROTHONOTARY: ^L #» f Kindly reinstate the Civil Action Complaint in the above aptioned matter. BY: JOEL J. KO`SKY, ESQUIRE Attor -y for •laintiff Dated: December 23, 2013 I,, 73` pi, 4 4 / Otte aog-7 . J v THE LAW OFFICE OF CHARLES J. DALY ES Q. 17, By: Charles J. Daly, Esquire to „M1 Attorney ID: 28200 1155 Business Center Drive, Suite 160 2013 DEC 30 P11 2; Horsham, PA 19044 CUMBERLANO COUNTY Phone: (215) 443-8901 PENNSYLVANIA Fax: (215) 443-8903 E-Mail: Chuck.Daly @SA-Trial.com HENRY GRAJALES, JR. ; COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, NO. 13-6703 V. JURY TRIAL DEMANDED TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY; Kindly enter my appearance on behalf of Trevor Michael Rowe in the above captioned matter. Respectfully submitted: THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Charles J. Daly, Esquire Attorney for Defendant, Trevor Michael Rowe Dated: December 27, 2013 1 THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Charles J. Daly, Esquire Attorney ID: 28200 1155 Business Center Drive, Suite 160 Horsham, PA 19044 Phone: (215)443-8901 Fax: (215) 443-8903 HENRY GRAJALES, JR. ; COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), NO. 13-6703 V. JURY TRIAL DEMANDED TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). CERTIFICATE OF SERVICE I, Charles J. Daly, Esquire, counsel for Defendant(s), do hereby certify that on the 27th day of December, 2013, I filed my Entry of Appearance with the Court and served a true and correct copy of the same upon the parties as follows: Joel J. Kofsky, Esquire The Law Office of Joel J. Kofsky 1500 Walnut Street, Suite 1207 Philadelphia, PA 19102 � 1141,9 Charles J. Daly, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t Sheriff k 1, Jody S Smith -` itoj3t — 4 Chief Deputy In' n Richard W Stewart `�`, ' r+'1f L + Solicitor .�, _. ,, criWIYLvAN Henry Grajales, Jr. Case Number vs. 2013-6703 Trevor Michael Rowe SHERIFF'S RETURN OF SERVICE 12/11/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Trevor Michael Rowe, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 12/19/2013 09:00 AM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Michael Rowe, Father of defendant,who accepted for Trevor Michael Rowe, at 3575 Old Hershey Road, Elizabethtown, PA 17022. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, December 26, 2013 RON R ANDERSON, SHERIFF 1'c)kilt.t of HI e (Si? Shelley Ruhl Jack Duignan Real Estate Deputy \;`y \ •° � Chief Deputy Matthew L. Owens �.��-� ►...� .ar" - Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HENRY GRAJALES, JR VS County of Dauphin TREVOR MICHAEL ROWE Sheriffs Return No. 2013-T-3175 OTHER COUNTY NO. 2013-6703 And now: DECEMBER 19, 2013 at 9:00:00 AM served the within REINSTATED COMPLAINT &NOTICE upon TREVOR MICHAEL ROWE by personally handing to MICHAEL ROWE * 1 true attested copy of the original REINSTATED COMPLAINT& NOTICE and making known to him/her the contents thereof at 3575 OLD HERSHEY ROAD ELIZABETHTOWN PA 17022 * FATHER OF DEFENDANT AND RESIDENT OF ADDRESS 3575 OLD HERSHEY ROAD, ELIZABETHTOWN, PA 17022. So Answers, Sher' of Dauin C ntv�Pa. COMMONWEALTH OF PENNSYLVANIA By NOTARIAL SEAL AMANDA KAY BREWER.NOTARY PUBLIC De uty Sheriff De CITY OF HARRISBURG.DAUPHIN COUNTY u MY CO ISSION EXPIRES MARCH 28,2016 Deputy: J STRAINING lir A Sheriffs Costs: $49.25 12/18/2013 1 i / \*.,/ i LAW OFFICE OF JOEL J. KOFSKY JOEL J. KOFSKY, ESQUIRE ATTORNEY I.D. #61114 TWO PENN CENTER, SUITE 1050 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19102 (215) 735-4800 HENRY GRAJALES, JR. • COURT OF COMMON PLEAS • CUMBERLAND COUNTY v. • • CIVIL DIVISION • TREVOR MICHAEL ROWE a/k/a MICHAEL ROWE NO. 13-6703 CIVIL AFFIDAVIT OF SERVICE Joel J. Kofsky, Esquire, being duly sworn according to law, does hereby certify that on December 19, 2013, a copy of the following: ❑ Notice of Appeal © Complaint/ Statement of Claim ❑ Rule to File Complaint =.=.'' rT2( was served upon the following: Z> ❑ Plaintiff(s): r-� © Defendant(s): Trevor Michael Rowe >c.-) ❑ Municipal Court Administration v --11 Crl w by the following method: ❑ Certified Mail ❑ Regular Mail ❑ Personal Delivery El Sheriff of Dauphin County A true and correct copy of the Sheriffs Return of Service evidencing service upon Defendant, Trevor Michael Rowe, is attached hereto as Exhibit "A" THE LAW • FICES OF JOEL J. KOFSKY BY: 1, Dated: 01/11/14 J Mgr;FS Y, ESQUIRE Exhibit "A" Ao 42-I0 5/>tT ill ii' f , r- Shelley Ruhl 1 Jack Duignan Real Estate Deputy v6y 1� . % j g �,t �-_____ ! � � Chief Deputy Matthew L. Owens r��.�'�� �ltr*,,t �� Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HENRY GRAJALES, JR VS County of Dauphin TREVOR MICHAEL ROWE Sheriffs Return No. 2013-T-3175 OTHER COUNTY NO. 2013-6703 And now: DECEMBER 19, 2013 at 9:00:00 AM served the within REINSTATED COMPLAINT& NOTICE upon TREVOR MICHAEL ROWE by personally handing to MICHAEL ROWE * 1 true attested copy of the original REINSTATED COMPLAINT & NOTICE and making known to him/her the contents thereof at 3575 OLD HERSHEY ROAD ELIZABETHTOWN PA 17022 * FATHER OF DEFENDANT AND RESIDENT OF ADDRESS 3575 OLD HERSHEY ROAD, ELIZABETHTOWN, PA l 7022. So Answers, ?,(:),„ex,,,/,___ Sher' of Dauin C-#ntv. Pa. COMMONWEALTH OF PENNSYLVANIA By �wLet1. NOTARIAL SEAL y AMANDA KAY BREWER,NOTARY PUBLIC Duty Sheriff CITY OF HARRISBURG.DAUPHIN COUNTY MY CO J ISSION EXPIRES MARCH 28,2016 Deputy: J STRAINING / / Z. Sheriffs Costs: $49.25 12/18/2013 irk * 4 , , • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith lx,. aiar/beF.ltrie Chief Deputy Richard W Stewart Solicitor OFF ICE tig:T r E Henry Grajales, Jr. vs. Case Number Trevor Michael Rowe 2013-6703 SHERIFF'S RETURN OF SERVICE 12/11/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Trevor Michael Rowe, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint& Notice according to law. 12/19/2013 09:00 AM-The requested Complaint& Notice served by the Sheriff of Dauphin County upon Michael Rowe, Father of defendant, who accepted for Trevor Michael Rowe, at 3575 Old Hershey Road, Elizabethtown, PA 17022. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, December 26, 2013 RON R ANDERSON, SHERIFF .::ourty. J a^�ntt:Te cosof; inc. THE LAW OFFICE OF JOEL J. KOFSKY JOEL J. KOFSKY, ESQUIRE ATTORNEY I.D. #61114 2 PENN CENTER, #1050 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19102 (215) 735-4800 HENRY GRAJALES, JR. COURT OF COMMON PLEAS 12 S. 13th St. •: CUMBERLAND COUNTY Harrisburg, PA 17104 . • CIVIL DIVISION v. . •. NO. 13-6703 TREVOR MICHAEL ROWE a/k/a . • MICHAEL ROWE 3575 Old Hershey Rd. • Elizabethtown, PA 17022 r? '• PRAECIPE TO REINSTATE COMPLAINT c„ TO THE PROTHONOTARY: Kindly reinstate the Civil Action Complaint in the above-captioned matter BY: _ _ JO . KOFSKY, ESQUIRE Attorney for Plaintiff Dated: January 13, 2014 /LA/S -Pc1-04-ii eic /9 3(0 I TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER OR CROSS CLAIMS WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. (//;,/ Charles J. Dal, , squir THE LAW OFFICE OF CHARLES J. DALY, ES Q. By: Charles J. Daly, Esquire (47- rr Attorney ID: 28200 rr- rte 1155 Business Center Drive, Suite 160 Horsham, PA 19044 <�' Phone: (215)443-8901 a c r Fax: 215 443-8903 ' z E-Mail: Chuck.Daly @SA-Trial.com HENRY GRAJALES, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), NO. 13-6703 v. JURY TRIAL DEMANDED TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). ANSWER WITH NEW MATTER Defendant, Trevor Rowe,by and through his counsel, Charles J. Daly, Esquire,hereby answers the Complaint of Plaintiff as follows: 1. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of the averments of this Paragraph, and denies same. 2. Admitted in part, denied in part. It is denied that answering defendant has an"a/k/a" of Michael Rowe. All other averments of this paragraph are admitted. 3. Admitted, except that the vehicle was owned by Michael Rowe, the father of Answering Defendant, Trevor Rowe. 4. Admitted that an individual later identified as Henry Grajales, Jr. was operating a bicycle, as stated. 5. Admitted in part, denied in part. It is admitted that an accident occurred in the intersection. All other averments in this Paragraph are specifically denied. The negligence of the plaintiff was the sole cause of the accident. At all times relevant hereto, Plaintiffs direction of travel was controlled by a traffic signal that was red. Plaintiff entered the intersection in disregard of the red traffic signal. Plaintiff did not have any lights on his bicycle and the accident occurred at night. At the time of the accident, Answering Defendant was operating his motor vehicle in a lawful manner. Despite taking evasive actions, Answering Defendant did not have the time or distance to avoid an accident with the plaintiff. With regard to the remaining averments of this paragraph concerning the alleged injuries of the plaintiff, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of these averments, and denies same. 6. Admitted in part denied in part. It is admitted that an accident occurred in the intersection. All other averments in this Paragraph are specifically denied. The negligence of the plaintiff was the sole cause of the accident. At all times relevant hereto, Plaintiffs direction of travel was controlled by a traffic signal that was red. Plaintiff entered the intersection in disregard of the red traffic signal. Plaintiff did not have any lights on his bicycle and the accident occurred at night. At the time of the accident, Answering Defendant was operating his motor vehicle in a safe and lawful manner. Despite taking evasive actions, Answering Defendant did not have the time or distance to avoid an accident with the plaintiff. -2- COUNT I -NEGLIGENCE 7. Answering defendant incorporates by reference his answers to Paragraphs One through Six of the Complaint as though the same were set forth at length herein. 8. Denied. The negligence of the plaintiff was the sole cause of the accident. At all times relevant hereto, Plaintiff's direction of travel was controlled by a traffic signal that was red. Plaintiff entered the intersection in disregard of the red traffic signal. Plaintiff did not have any lights on his bicycle and the accident occurred at night. At the time of the accident, Answering Defendant was operating his motor vehicle in a safe and lawful manner. Despite taking evasive actions, Answering Defendant did not have the time or distance to avoid an accident with the plaintiff. 9. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of the averments of this Paragraph, and denies same. 10. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of the averments of this Paragraph, and denies same. 11. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of the averments of this Paragraph, and denies same. 12. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of the averments of this Paragraph, and denies same. -3- 13. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of the averments of this Paragraph, and denies same. 14. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of the averments of this Paragraph, and denies same. 15. Denied. The negligence of the plaintiff was the sole cause of the accident. At all times relevant hereto, Plaintiff's direction of travel was controlled by a traffic signal that was red. Plaintiff entered the intersection in disregard of the red traffic signal. Plaintiff did not have any lights on his bicycle and the accident occurred at night. At the time of the accident, Answering Defendant was operating his motor vehicle in a lawful manner. Despite taking evasive actions, Answering Defendant did not have the time or distance to avoid an accident with the plaintiff. With regard to the remaining averments of this paragraph concerning the alleged injuries of the plaintiff, after reasonable investigation, Answering Defendant lacks sufficient knowledge or information to enable him to form a belief as to the truth of these averments, and denies same. WHEREFORE, Trevor Rowe demands judgment in his favor and against the plaintiff, plus costs and expenses of suit. NEW MATTER 16. The aforesaid accident was caused by the negligence and carelessness of the plaintiff, Henry Grajales, Jr., consisting of,but not limited to, the following: -4- a. Violated Section 3361 of the Motor Vehicle Code by failing to operate his bicycle at a safe and appropriate speed when approaching an intersection; b. Failed to have his bicycle within proper and adequate control; c. Failed to keep a reasonable lookout for vehicles lawfully upon the road; d. Failed to take or employ adequate and basic maneuvers in order to avoid and or prevent the accident in question; e. Failed to apply his brakes in time to avoid the collision; f. Negligently applied the brakes and failed to avoid the collision; g. Failed to adequately maintain his brakes in a condition that would allow him to bring his bicycle to a stop; h. Failed to operate his bicycle in accordance with the existing traffic conditions and traffic controls; i. Failed to observe a steady, red traffic signal controlling his direction of travel; j. Failed to obey a steady,red traffic signal controlling his direction of travel; k. Failed to operate his bicycle with due regard for the rights, safety, health and position of the defendant's motor vehicle upon the roadway; 1. Failed to properly and adequately obey and comply with the Pennsylvania Motor Vehicle Code, and the rules of the road; m. Operated his bicycle on a careless, reckless and negligent manner, in a fashion which violated applicable statutes and ordinances governing the operation of a bicycle on the roadway; n. Failed to maintain his bicycle in a proper manner and state of repair, including,but not limited to the brake system; -5- o. Permitting or allowing his bicycle to strike and collide with the defendant's vehicle; p. Attempted to enter an intersection when such movement could not be safely accomplished; q. Failed to yield the right-of-way to traffic already in the intersection; r. Failed to prudently proceed through the intersection so as to avoid creating a dangerous situation for others; r. Engaged in such other negligent and/or careless conduct as may be revealed during the course of discovery and investigation. 17. Some or all of the plaintiffs injuries may have pre-existed the accident of February 24, 2012. 18. Plaintiff has failed to mitigate his damages. WHEREFORE, Trevor Rowe demands judgment in his favor and against the plaintiff, plus costs and expenses of suit. Respectfully submitted: THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: l/ L`. Charles J. Daly, Esquire" Attorney for Defendant Dated: 1 ldheoIV -6- TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER OR CROSS CLAIMS WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Charles J. D ly, squire THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Charles J. Daly, Esquire Attorney ID: 28200 1155 Business Center Drive, Suite 160 Horsham, PA 19044 Phone: (215) 443-8901 Fax: (215) 443-8903 HENRY GRAJALES, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), NO. 13-6703 v. JURY TRIAL DEMANDED TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). CERTIFICATE OF SERVICE I, Charles J. Daly, Esquire, counsel for Defendant(s), do hereby certify that on the __ day of V- ✓N.N/ , 2013, I filed the Answer with New Matter with the Court and served a true and correct copy of the same upon the parties as follows: Joel J. Kofsky, Esquire The Law Office of Joel J. Kofsky 1500 Walnut Street, Suite 1207 Philadelphia, PA 19102 Char es J. Dal , Esquir( THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Charles J. Daly, Esquire Attorney ID: 28200 1155 Business Center Drive, Suite 160 Horsham, PA 19044 Phone: (215) 443-8901 Fax: (215) 443-8903 HENRY GRAJALES, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), NO. 13-6703 v. JURY TRIAL DEMANDED TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). VERIFICATION I, Trevor Rowe, do hereby state that the Answer to the Complaint with New Matter is true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsification to authorities. TREVOR ROWE Dated: 1,// 4 -7- THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Charles J. Daly, Esquire Attorney ID: 28200 1155 Business Center Drive, Suite 160 Horsham, PA 19044 Phone: (215) 443-8901 Fax: (215) 443-8903 E -Mail: Chuck.Daly@SA-Trial.com HENRY GRAJALES, JR. Plaintiff(s), v. TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). ATTORNEY FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-6703 JURY TRIAL DEMANDED MOTION OF DEFENDANT TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE TO COMPEL PLAINTIFF HENRY GRAJALES, JR. TO ATTEND DEPOSITION Defendant, Trevor Michael Rowe a/k/a Michael Rowe, by its undersigned counsel, hereby moves the Court to enter an Order pursuant to Pa.R.C.P. 4019 compelling Henry Grajales to appear for deposition by Defendant Trevor Michael Rowe a/k/a Michael Rowe. In support of this Motion, Defendant avers as follows: 1. The instant Civil Action was commenced by the filing of a Complaint on November 12, 2013. Defendant filed an Answer to the Complaint on January 21, 2014. 2. On April 2, 2014, the deposition of a Henry Grajales, Jr. was scheduled for May 6, 2014 by agreement of all parties. (See Notice of Deposition attached hereto, Exhibit "A") 3. The deposition of plaintiff, Henry Grajales, Jr. was cancelled by counsel for plaintiff because plaintiff's counsel indicated he was unable to locate his client. 4. Defendant requires an Order of this Court pursuant to Pa.R.C.P. 4019(a)(1)(i) compelling Plaintiff to attend deposition. WHEREFORE, Defendant respectfully requests the Court to enter an Order compelling plaintiff Henry Grajales, Jr. available for deposition within 30 days. CHARLES J. DAL/, ESQUI Attorney for Defendant Trevor Michael Rowe a/k/a Michael Rowe The Law Office of Charles J. Daly, Esquire 1155 Business Center Drive Suite 160 Horsham, PA 19044 (Not a Corporation or Partnership — Employees of State Auto Insurance Company) Phone: (215) 443-8901 Fax: (215) 443-8903 E -Mail: ChuckDaly@SA-Trial.corn Joel J. Kofsky, Esquire The Law Office of Joel J. Kofsky 1500 Walnut Street, Suite 1207 Philadelphia, PA 19102 RE: Grajales, Jr. v. Rowe Date of Loss: Claim Number: Dear Mr. Kofsky: April 2, 2014 February 24, 2012 CC -2125419-196511 Enclosed please find a Notice of Deposition for your client in connection with the above captioned matter. Please be advised that our office has retained the Court Reporter. Very truly yours, elfee,e)ze Charles J. Daly, Esquire CJD/ad Enclosure The Law Office of Charles J. Daly is an unincorporated association of individual licensed attorneys employed by State Auto Insurance Companies for the purpose of representing State Auto Insurance Companies, its policyholders and insureds. THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Charles J. Daly, Esquire Attorney ID: 28200 1155 Business Center Drive, Suite 160 Horsham, PA 19044 Phone: (215) 443-8901 Fax: (215) 443-8903 E -Mail: Chuck.Daly@SA-Trial.com HENRY GRAJALES, JR. Plaintiff(s), V. TREVOR MICHAEL ROWE A/KJA MICHAEL ROWE Defendant(s). ATTORNEY FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-6703 JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Henry Grajales, Jr. c/o Joel J. Kofsky, Esquire The Law Office of Joel J. Kofsky 1500 Walnut Street, Suite 1207 Philadelphia, PA 19102 PLEASE TAKE NOTICE that, pursuant to the Pennsylvania Rules of Civil Procedure, Defendant, Trevor Michael Rowe a/k/a Michael Rowe, by their attorney, will take the deposition of Plaintiff, Henry Grajales, Jr., before a person duly authorized to administer oaths, at The Law Office of Charles J. Daly, Esquire, 1155 Business Center, Drive, Suite 160, Horsham, PA 19044, on May 6, 2014, at 2:00 p.m. and to continue from day to day until complete. You are invited to attend and participate. Respectfully submitted: THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Dated: April 2, 2014 el -v-4, 9 A9-1# Charles J. Daly, Esquire Attorney for Defendant, Trevor Michael Rowe a/k/a Michael Rowe THE LAW OFFICE OF CHARLES J. DALY, ESQ. By: Charles J. Daly, Esquire Attorney ID: 28200 1155 Business Center Drive, Suite 160 Horsham, PA 19044 Phone: (215) 443-8901 Fax: (215) 443-8903 E -Mail: Chuck.Daly@SA-Trial.com HENRY GRAJALES, JR. Plaintiff(s), v. TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). ATTORNEY FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-6703 JURY TRIAL DEMANDED CERTIFICATION OF SERVICE TO: Joel J. Kofsky, Esquire The Law Office of Joel J. Kofsky 1500 Walnut Street, Suite 1207 Philadelphia, PA 19102 I do hereby certify that service of a true and correct copy of the above Motion was made on the 14th day of May, 2014, to the above parties or counsel by: By: X United States Mail, postage pre -paid; ❑ Fax at the following Fax Number: ❑ Electronic mail at: . See Fax Confirmation. A copy of the e-mail is attached Attorney for Defenant Trevor Michael Rowe a/k/a Michael Rowe Date: di /7- HENRY GRAJALES, JR. Plaintiff(s), v. TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-6703 JURY TRIAL DEMANDED ORDER r1 AND NOW, this 12 day of 1\ , 2014 upon consideration of Defendant's Motion to Compel Plaintiff's Deposition, it is hereby ORDERED that said Motion is GRANTED. Counsel for Henry Grajales, Jr.shall make him available for deposition by Defendant Trevor Michael Rowe a/k/a Michael Rowe within 30 days of the date of this Order at a mutually agreeable time, or appropriate sanctions shall be imposed upon defendant following application to the Court. BY THE COURT: c_q J. CJ r-1 rn C: -71 CD rf CERTIFICATE20111AUG /8 f OOFF THO,'t'() TAR PH I:27 PREREQUISITE TO SERVICE OF A SUBPOENIAIBERL AND PURSUANT TO RULE 4009.22 PEh�NS }�L b'©� i ) IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA GRAJALAS, JR vs. TERM: ROWE CASE No: NO. 13-6703 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of CHARLES J. DALY 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 : 08/14/2014 RecordTrak on behalf of /S/ CHARLES J. DALY Attorney for Defendant RT#: 269327 RECORDS PERTAIN TO: HENRY GRAJALES GRAJALAS, JR COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: ROWE : DOCKET: NO. 13-6703 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: JOEL KOFSKY, ESQ. LAW OFFICES OF JOEL J. KOFSKY, P.C. 1500 WALNUT ST. SUITE 1207 PHILADELPHIA, PA 19103 (215) 735-7919 July 11, 2014 Please take notice that on behalf of CHARLES J. DALY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until August 13, 2014 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 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 13, 2014 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 PINNACLE HEALTH POLYCLINIC IMAGING Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: T RT: 269327.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRAJALAS, JR V. ROWE File No: NO. 13-6703 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PINNACLE HEALTH POLYCLINIC IMAGING (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: See attached rider. at 651 Allendale Road King 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 fait 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, CHARLES J. DALY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: f 80W 220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: gii/N Seal of the Court -1044cea-Atillit RE: GRAJALAS, JR vs. ROWE CASE NO. NO. 13-6703 RECORDTRAK FILE #: 269327; TAG 1 LOCATION: PINNACLE HEALTH POLYCLINIC IMAGING RECORDS PERTAIN TO: HENRY GRAJALES SS #: , DOB: X. ALL BILLING RECORDS IN YOUR POSSESSION DATED XX/XX/XXXX TO THE PRESENT, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION.2. ALL MEDICAL RECORDS IN YOUR POSSESSION DATED XX/XI/2XX1 TO THE PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.**************3. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED X1/XX/XX1 I TO THE PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** HENRY GRAJALES, JR. Plaintiff(s), v. TREVOR MICHAEL ROWE A/K/A MICHAEL ROWE Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY _`Y { NO. 13-6703 r - � (xi ---i r_.) JURY TRIAL DEMANDED'' c.1 cr, PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter as Settled, Discontinued and Ended, upon payment of your costs. Respectfully submitted: The Law Office of J . el J. Kofsky By: Dated: Steven C • g, squire Attorne; for ' aintiff