HomeMy WebLinkAbout14-4407 s-
Supreme Court of Pennsylvania
Cou Com Pleas
11' OVe ' et For Prothonotary Use Only:
(CJ r f11� ST
Cu -� Coun Docket No: ?
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nor
The
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
El Complaint 0 Writ of Summons El Petition ❑ Notice of Appeal
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E
C Lead Plaintiffs Name: N Lead Defendant's Name:
T Cash Steen Patsy Weigel-
I ❑ Check here if you are a Self-.Represented (Pro Se) Litigant
0 Name of Plaintiff/Appellant's Attorney:W Scott Henning
N Dollar Amount Requested: ❑ within arbitration limits
Are money damages requested?: ❑X Yes ❑ No (Check on) _z_outside arbitration limits
A
Is this a Class Action Suit? ❑ Yes 0 No
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
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
❑X Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections
❑ Nuisance ❑ Dept.of Transportation
❑ Premises Liability ❑ Zoning Board
S ❑ Product Liability(does not include ❑ Statutory Appeal:Other
Emass tort) ❑ Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
ElC ❑ Other: Employment Dispute:Other_
,r — Judicial Appeals
❑ MDJ-Landlord/Tenant
I ❑ Other: ❑ MDJ-Money Judgment
O MASS TORT - ❑ Other:_
❑ Asbestos
N ® Tobacco
Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
❑ Other: ❑ Ejectment E] Common Law/Statutory Arbitration
B - — - El Eminent Domain/Condemnation El Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations
❑ Mortgage Foreclosure Restraining Order
PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto
❑ Dental ❑ Quiet Title ❑ Replevin
❑ Legal
❑ Medical ❑ Other: ❑ Other:
❑ Other Professional: - --- - ,
Pa.R.C.P.205.5 212010
J
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FiL
I E 0 FHON`
W. Scott Henning r
�OJti" JUL 2$,l Attorney ID#32298 PPj J: J
HANDLER, HENNING&ROSENBERG, LLP CUMBERL4,ND COUNTY
1300 Linglestown Road RENNs YLVANIA
Harrisburg, PA 17110
Telephone: (717)238-2000 Attorney for Plaintiff(s)
Fax: (717)233-3029
E-mail: Henning@hhrlaw.com
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.2014 +——1��f1 l �
Civil Action- Law
Cash Steen Patsy Weigel
142 Airport Drive 601 Grahams Woods Road
Carlisle, PA 17013 Carlisle, PA 17013
vs
Plaintiff(s)&Address(es) Defendants)&Address(es)
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue Writ of Summons in the above-captioned action.
Writ of Summons shall be issued and forwarded to ( ) Attorney(XX)Sheriff.
W.Scott Henning
Supreme Court ID No. 98
Date: 7/23/2014
#: lea o�
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA l
No. 2014 -Llyb-T?
Civil Action- Law
Cash Steen Patsy Weigel
142 Airport Drive 601 Grahams Woods Road
Carlisle, PA 17013 Carlisle, PA 17013
vs
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED
AN ACTION AGAINST YOU.
Date:
Prothonotary
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CASH STEEN,
PATSY WEIGEL,
Plaintiff(s)
v.
Defendant(s)
2014-4407 Civil
Civil Action - Law
NOTICE
C7) y M
IN) CD
.tea C)
F3
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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que
se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos
veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por
medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas
de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted
falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional.
Usted puede perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE
PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
(717) 249-3166
W. Scott Henning (PA 32298)
HANDLER HENNING & ROSENBERG LLP
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
Ph. 717.238.2000
Fax 717.233.3029
henning@hhrlaw.com
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CASH STEEN
Plaintiff,
v.
PATSY WEIGEL
Defendant.
CIVIL ACTION — LAW
NO.: 4407 -CIVIL
COMPLAINT
Plaintiff, Cash Steen, by and through his attorneys, HANDLER, HENNING & ROSENBERG,
LLP, by W. Scott Henning, Esq., files this Complaint against the Defendant, Patsy Weigel, and
avers as follows:
1. Plaintiff, Cash Steen, is a competent adult individual currently residing at 142
Airport Drive, Carlisle, Cumberland County, Pennsylvania.
2. Defendant, Patsy Weigel, is, upon information and belief, a competent adult
individual currently residing at 601 Grahams Woods Road, Carlisle, Cumberland County,
Pennsylvania.
3. At all times material hereto, Defendant Weigel was in ownership, possession,
management, and/or control of the premises located at 424 1/2 North Pitt Street, Carlisle,
Cumberland County, Pennsylvania ("the Premises").
4. At all times material hereto, the Premises was used and maintained as an
apartment building.
5. At all times material hereto, Mr. Steen was lawfully upon the Premises as a
tenant.
6. At all times material hereto, Defendant Weigel was responsible for maintaining
the stairs and handrail located on the Premises.
7. At . all times material hereto, Defendant Weigel, who was in ownership,
possession, management, and/or control of the Premises, allowed the stairs to become in a state
of disrepair and remain unstable.
8. At all times material hereto, Defendant Weigel failed to make timely and proper
repairs to the stairs so as to allow her tenants' safe passage to and from the premises.
9. At all times material hereto, there were no warning signs posted on or near the
stairs warning of their dangerous condition.
10. On or about August 3, 2013, Mr. Steen was ascending the stairs located on the
Premises when he lost his footing. The handrail of the stairs then collapsed, causing him to fall to
the ground and suffer personal injuries, as set forth more specifically below.
2
COUNT I — NEGLIGENCE
Cash Steen v. Patsy Weigel
11. All prior paragraphs are incorporated herein as if set forth fully below.
12. At all times material hereto, Defendant was in ownership, possession,
management, and/or control of the Premises and was responsible for ensuring that the stairs of
the Premises were safely maintained.
13. The occurrence of the aforementioned incident and the resulting injuries to Mr.
Steen were caused directly and proximately by the negligence of Defendant Weigel, and/or by
her agents, servants, workmen, or employees, acting in the scope of their authority and
employment, generally and more specifically as set forth below:
a. in permitting the exterior stairs, and specifically the handrail, to be
in a state of disrepair thereby posing an unreasonable risk of injury
to Mr. Steen and to other persons lawfully upon the Premises;
b. in failing to make a reasonable inspection of the Premises which
would have revealed the existence of the dangerous condition
posed by the exterior stairs, and unstable and improperly repaired
handrail, thereby allowing the same to be and remain a dangerous
condition when Defendant knew or should have known of it;
c. in failing to ensure the exterior stairs and handrail at the Premises
were maintained in a safe condition to prevent injury to Mr. Steen
and other persons lawfully upon the premises;
d. in failing to post a warning sign or device in the area to notify of
the dangerous condition of the stairs and handrail; and
e. in failing to maintain and/or repair the stairs and handrail in a
3
reasonably safe condition that would prevent a lawfully present
individual from falling.
14. Defendant had actual knowledge, or should have known through the exercise of
ordinary care and diligence, that the stairs were in disrepair.
15. As a direct and proximate result of the negligence of Defendant, Mr. Steen:
a. sustained injuries including, but not limited to, his hand and
fingers;
b. been forced to undergo numerous surgical procedures for treatment
and repair of his injuries;
c. suffered physical pain, discomfort and mental anguish, and he will
continue to endure the same for an indefinite period of time in the
future, to his detriment and loss, physically, emotionally and
financially;
d. been, and will in the future be, hindered from attending to his daily
duties and activities to his detriment, loss, humiliation and
embarrassment;
e. suffered a loss of income and/or earning capacity, and will
continue to suffer a loss of income and/or earning capacity in the
future;
f. suffered a loss of life's pleasures, and he will continue to suffer the
same in the future, to his detriment and loss; and
g. been compelled, in order to effect a cure for the aforesaid injuries,
to expend money for medicine and medical attention and will be
4
required to expend more of the same in the future, to his detriment
and loss.
16. Plaintiff believes and therefore avers that his injury is permanent.
WHEREFORE, Plaintiff, Cash Steen, seeks damages from Defendant, Patsy Weigel, in an
amount in excess of the compulsory arbitration limits of Cumberland County.
Dated: August , 2014 By:
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
Sco 2298)
Attorneys fo
Cash Steen
5
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document
are based upon information which has been furnished to counsel by me and information
which has been gathered by counsel in the preparation of this lawsuit. The language of
the document is of counsel and not my own. I have read the document 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
contents of the document are that of counsel, I have relied upon my counsel in making
this Verification. The undersigned also understands that the statements made therein
are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: 8 `� "� 1271
W. Scott Henning
Attorney ID# 32298
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax : (717) 233-3029
E-mail: Henning@hhrlaw.com
Attorney for Plaintiff(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CASH STEEN,
Plaintiff(s)
2014-4407 Civil
v.
Civil Action - Law
PATSY WEIGEL,
Defendant(s)
CERTIFICATE OF SERVICE
On, August 20, 2014, I hereby certify that a true and correct copy of Complaint was
served upon the following by depositing same in the United States Mail, in Harrisburg,
Pennsylvania:
Patsy Weigel
601 Grahams Woods Road
Carlisle, PA 17013
ING & ROSENBERG, LLP
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
ILED-OFFIC:;.
Cr THE PROTHONO IA[
At' of Eiin4/(11,14
2014 AUG 2.6 AM tO: 06
CUMBERLAND COUNTY
Y
PENNSYLVANIA
OFFICE OF THE SHERIFF
Cash Steen
vs.
Patsy L Weigel
Case Number
2014-4407
SHERIFF'S RETURN OF SERVICE
08/14/2014 06:43 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Patsy L Weigel, but was unable to locate the Defendant
in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as "Not Found" at
601 Grahams Woods Road, Upper Frankford, Carlisle, PA 17013. Resident of this address came into
Sheriffs Office and informed this office that she rents a home from the defendant located at this address
and that the defendant resides at 721 North Middleton Road, Carlisle, PA 17013.
08/15/2014 07:07 PM - Deputy Dennis Fry, 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: Patsy L Weigel at 721 North Middleton Road, North Middleton, Carlisle, PA 17013.
DEN u IS FRY, DE
SHERIFF COST: $41.56 SO ANSWERS,
August 19, 2014
(c) CountySuite Sheriff, Teleosoti, Inc.
RONNY R ANDERSON, SHERIFF
jLn 'r
1 t F C • t.+-a
Johnson, Duffle, Stewart &
By: Anthony T. Lucido
I.D. No. 76583 Attorneys for Defendant Patsy Weigel
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
atl@jdsw.com
CASH STEEN, : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
Plaintiff :
: NO. 4407-CIVIL
•
v.
•
PATSY WEIGEL, •
•
Defendant •
PRAECIPE FOR ENTRY OF APPEARANCE
To the Prothonotary of Cumberland County:
Kindly enter my appearance on behalf of Defendant, Patsy Weigel, in the above-
captioned action.
Respectfully submitted,
JOHNrDUFFIE, STEWART &WEIDNER
BY.
Anthony T. Lucido, Esquire (ID No. 76583)
301 Market Street
PO Box 109
Lemoyne, PA 17043
(717) 761-4540
atl@jdsw.com
Attorneys for Defendant
:658295
CERTIFICATE OF SERVICE
14
AND NOW, this JJ >day of October, 2014, the undersigned does hereby certify that
he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the
other parties of record by causing same to be deposited in the United States Mail, first class
postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
W. Scott Henning, Esquire
Handler Henning & Rosenberg LLP
1300 Linglestown Road
Suite 2
Harrisburg, PA 17110
JOHNSON, DUFFIE, STEWART &WEIDNER
By: __—
Anthony T. Lucido
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
r-?
PURSUANT TO RULE 4009.22
IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA
CASH STEEN
vs. TERM:
PATSY WEIGEL
CASE No: 2014-4407
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22.
RecordTrak on behalf of JEFFREY B. RETTIG
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 : 12/31/2014
RecordTrak on behalf of
/S/ JEFFREY B. RETTIG
Attorney for Defendant
RT#: 273901
RECORDS PERTAIN TO: CASH STEEN
CASH STEEN COURT: Court Of Common Pleas - Cumberland County, Pa
vs. TERM:
PATSY WEIGEL
NOTICE OF INTENT TO
TO: W. SCOTT HENNING
HANDLER, HENNING & ROSENBERG
1300 LINGLESTOWN RD
HARRISBURG, PA 17110
(717) 233-3029
December 10, 2014
DOCKET: 2014-4407
SERVE A SUBPOENA TO PRODUCE DOCUMENTS
Please take notice that on behalf of JEFFREY B. RETTIG, attorney for Defendant, RecordTrak intends to serve a
subpoena identical to the one(s) attached to this notice. You have until December 30, 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 December 30, 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
1
SADLER HEALTH CENTER
2
PINNACLE HEALTH HAND CENTER
3
PINNACLE HEALTH FREDERICKSEN REHAB CENTER
4
AIG CLAIM SERVICES * CORP
5
WESTFIELD INSURANCE CO *FL
6
GEICO * FL
7
INFINITY INSURANCE COMPANY
8
GEICO INSURANCE CO.
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:
Page 2
RT: 273901.1
,1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASH STEEN
V.
PATSY WEIGEL
File No: 2014-4407
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: SADLER HEALTH CENTER
(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 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, JEFFREY B. RETTIG
Address: 651 Allendale Road King of Prussia PA 19406
Telephone: 18001 220-1291
Supreme Court ID#
Attorney for: Defendan
DATE:
Scat of the Court
tsilY
BY THE COURT:
RE: CASH STEEN vs. PATSY WEIGEL
CASE NO. 2014-4407
RECORDTRAK FILE #: 273901; TAG 1
LOCATION: SADLER HEALTH CENTER
RECORDS PERTAIN TO: CASH STEEN SS #: , DOB:
X . COPY OF THE ENTIRE MEDICAL FILE TO INCLUDE, BUT NOT LIMITED TO,
ALL INCOMING AND OUTGOING CORRESPONDENCE, OFFICE VISITS, CHART
NOTES, COMPUTER DOCUMENTS, FORMS AND ANY OTHER DOCUMENTS WHATSOEVER
CONTAINED IN THE MEDICAL FILE FROM X/X/XXXX TO PRESENT.
RT: 273901.2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASH STEEN
V.
PATSY WEIGEL
File No:2014-4407
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: PINNACLE HEALTH HAND CENTER
(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 Kin 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 fisted 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 aft
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, JEFFREY B. RETTIG
Address: 651 Allendale Road King of Prussia PA 19406
Telephone: (800) 220-1291
Supreme Court ID#
Attorney for: Defendant
DATE:
Seal of the Court
BY THE COURT:
RE: CASH STEEN vs. PATSY WEIGEL
CASE NO. 2014-4407
RECORDTRAK FILE #: 273901; TAG 2
LOCATION: PINNACLE HEALTH HAND CENTER
RECORDS PERTAIN TO: CASH STEEN SS #: , DOB:
X . COPY OF THE ENTIRE MEDICAL FILE TO INCLUDE, BUT NOT LIMITED TO,
ALL INCOMING AND OUT GOING CORRESPONDENCE, OFFICE VISITS, CHART
NOTES, COMPUTER DOCUMENTS, TESTING, FORMS AND ANY OTHER DOCUMENTS
WHATSOEVER CONTAINED IN THE MEDICAL FILE FROM XX/X/XX TO PRESENT.
***INCLUDING BUT NOT LIMITED TO THE RECORDS OF DR. SANJIV NAIDU***
RT: 273901.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASH STEEN
V.
PATSY WEIGEL
File No:2014-4407
SUBPQENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: PINNACLE HEALTH FREDERICKSEN REHAB CENTER
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered b
following documents or things:
See attached rider.
Court to produce the
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 fail to produce the documents or things required by this subpoena within twenty (20) days afte
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, JEFFREY B. RETCIG
Address: 651 Allendale Road King of Prussia PA 19406
Telephone: (8Q0) 22Q-1291
Supreme Court ID#
Attorney for: Defendant
DATE:
Seal of the Court
BY THE COURT:
RE: CASH STEEN vs. PATSY WEIGEL
CASE NO. 2014-4407
RECORDTRAK FILE #: 273901; TAG 3
LOCATION: PINNACLE HEALTH FREDERICKSEN REHAB CENTER
RECORDS PERTAIN TO: CASH STEEN SS #: , DOB:
X . COPY OF THE ENTIRE PHYSICAL THERAPY FILE TO INCLUDE, BUT NOT
LIMITED TO, ALL INCOMING AND OUTGOING CORRESPONDENCE, DAILY PT
RECORDS, EVALUATIONS, FORMS AND ANY OTHER DOCUMENTS WHATSOEVER
CONTAINED IN THE MEDICAL FILE FROM X/X/XX TO PRESENT.
RT: 273901.4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASH STEEN
V.
PATSY WEIGEL
File No: 2014-4407
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: AIG * AUTO CLAIMS
(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.
651 Allendale Road King of Prussia PA 19406
You may deliver or mail legible copies of the documents or produce things requested by this snbpoeni
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 afte.
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, JEFFREY B. RETTIG
Address: 651 Allendale Road King of Prussia PA 19406
Telephone: (800) 220-1291 BY THE COURT:
Supreme Court ID#
Attorney for: Defendant
DATE:
Scal of the Court
(b -P
Prothono
y
RE: CASH STEEN vs. PATSY WEIGEL
CASE NO. 2014-4407
RECORDTRAK FILE #: 273901; TAG 4
LOCATION: AIG CLAIM SERVICES * CORP
RECORDS PERTAIN TO: CASH STEEN SS #: , DOB:
X . COMPLETE COPY OF THE WORKERS COMPENSATION CLAIM FILE TO INCLUDE,
BUT NOT LIMITED TO, ALL INCOMING AND OUTGOING CORRESPONDENCE, FIRST
REPORT, WAGE DOCUMENTATION, WC FORMS, MEDICAL RECORDS, STATEMENTS,
PHOTOGRAPHS, MEDICAL RECORDS, PRINT OUT OF WAGE LOSS AND MEDICAL
PAYMENTS, PLEADINGS AND ANY OTHER DOCUMENTS WHATSOEVER CONTAINED IN
THE WORKERS COMPENSATION CLAIM FILE #XXXXXXXXX; DOA XX/XX/XX; FROM
XX/XX/XX TO PRESENT.
TO:
RT: 273901.5
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASH STEEN
V.
PATSY WEIGEL
File No: 2014-4407
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
STFIE INSURANCE CO *
(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 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, JEFFREY B. RETTIG
Address: 651 Allendale Road King of Prussia PA 19406
Telephone: (500)220-1291
Supreme Court ID#
Attorney for: Defendant
DATE:
Seal of the Court
BY THE COURT:
RE: CASH STEEN vs. PATSY WEIGEL
CASE NO. 2014-4407
RECORDTRAK FILE #: 273901; TAG 5
LOCATION: WESTFIELD INSURANCE CO *FL
RECORDS PERTAIN TO: CASH STEEN SS #: , DOB:
X . A COPY OF THE ENTIRE B/I UNDERINSURED CLAIM FILE TO INCLUDE, BUT
NOT LIMITED TO, ALL INCOMING AND OUTGOING CORRESPONDENCE,
APPLICATION FOR BENEFITS, POLICE REPORT, MEDICAL RECORDS, PRINT OUT
OF MEDICAL, WAGE LOSS AND SETTLEMENT PAYMENTS, FORMS, PHOTOGRAPHS
AND ANY OTHER DOCUMENTS CONTAINED IN THE CLAIM FILE
#CSPXXXXXXX-XXXXXX; DOL X/XX/XX; FROM X/XX/XX TO PRESENT. CLAIMS
REP: RICHARD ODEA.
RT: 273901.6
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASH STEEN
V.
PATSY WEIGEL
File No: 2014-4407
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: GEICO * FL
(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 fail to produce the documents or things required by this subpoena within twenty (20) days afte
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, JEFFREY E. RETTIG
Address: 651 Allendale Road King of Prussia PA 19406
Telephone: (800) 220-1291
Supreme Court ID#
Attorney for: Defendant
DATE:
mitski
Seal of the Court
BY THE COURT:
RE: CASH STEEN vs. PATSY WEIGEL
CASE NO. 2014-4407
RECORDTRAK FILE #: 273901; TAG 6
LOCATION: GEICO * FL
RECORDS PERTAIN TO: CASH STEEN SS #: , DOB:
X . COPY OF THE ENTIRE CLAIMS FILE TO INCLUDE, BUT NOT LIMITED TO,
ALL INCOMING AND OUTGOING CORRESPONDENCE, APPLICATION FOR BENEFITS,
POLICE REPORT, FORMS, MEDICAL RECORDS, PHOTOGRAPHS, PROPERTY DAMAGE
DOCUMENTS, STATEMENTS, PRINT OUT OF WAGE AND MEDICAL PAYMENTS AND
ANY OTHER DOCUMENTS WHATSOEVER CONTAINED IN THE CLAIM FILE
#XXXXXXXXXXXXXXXX; DOL X/XX/XX; FROM X/XX/XX TO PRESENT.
RT: 273901.7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASH STEEN
V.
PATSY WEIGEL
File No: 2014-4407
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY,
PURSUANT TO RULE 4009.24
TO: INFINITY INSURANCE COMPANY
(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 subpoem
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 afte
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, JEFFREY B. RETTIG
Address: 651 Allendale Road King of Prussia PA 19406
Telephone: (800) 220-1291
Supreme Court ID#
Attorney for: Defendant
DATE:
Seal of the Court
itis/e/te
BY THE COURT:
RE: CASH STEEN vs. PATSY WEIGEL
CASE NO. 2014-4407
RECORDTRAK FILE #: 273901; TAG 7
LOCATION: INFINITY INSURANCE COMPANY
RECORDS PERTAIN TO: CASH STEEN SS #: , DOB:
X . COMPLETE COPY OF THE BODILY INJURY FILE TO INCLUDE, BUT NOT
LIMITED TO, POLICE REPORT, PHOTOGRAPHS, STATEMENTS, MEDICAL RECORDS,
PROPERTY DAMAGE APPRAISAL, CORRESPONDENCE, SETTLEMENT DOCUMENTS,
PLEADINGS, DISCOVERY AND ANY OTHER DOCUMENTS WHATSOEVER CONTAINED IN
THE BODILY INJURY CLAIM FILE #XXXXXXXXXXX; DOL X/XX/XX; PLAINTIFF
CASH STEEN; FROM X/XX/XX TO PRESENT.
RT: 273901.8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CASH STEEN
V.
PATSY WEIGEL
File No: 2014-4407
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: GEICO INSURANCE CO.
(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 fail to produce the documents or things required by this subpoena within twenty (20) days afte
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, JEFFREY B. RETTIG
Address: 651 Allendale Road King of Prussia PA 19406
Telephone: (800) 22Q-1291
Supreme Court Mit
Attorney for: Defendant
DATE:
Seal of the Court
BY THE COURT:
RE: CASH STEEN vs. PATSY WEIGEL
CASE NO. 2014-4407
RECORDTRAK FILE #: 273901; TAG 8
LOCATION: GEICO INSURANCE CO.
RECORDS PERTAIN TO: CASH STEEN SS #: , DOB:
X . COMPLETE COPY OF THE CLAIMS FILE TO INCLUDE, BUT NOT LIMITED TO,
ALL INCOMING AND OUTGOING CORRESPONDENCE, POLICE REPORT, FIRST
REPORT, STATEMENTS, FORMS, APPLICATION FOR BENEFITS, MEDICAL
RECORDS, PROPERTY DAMAGE DOCUMENTS, PHOTOGRAPHS, PRINT OUT OF ALL
PAYMENTS, AND ANY OTHER DOCUMENT WHATSOEVER CONTAINED IN THE CLAIM
FILE #XXXXXXXXXXXXXXXX; DOL X/XX/XX PERTAINING TO CASH STEEN, FROM
X/XX/XX TO PRESENT.
Johnson, Duffie, Stewart & Weidner
By: Anthony T. Lucido
I.D. No. 76583
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
atl@jdsw.com
CASH STEEN,
v.
PATSY WEIGEL,
Plaintiff
Defendant
Attorneys for Defendant Patsy Weigel
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
a0111 -0L/4107
NO. 4407 -CIVIL
NOTICE TO PLEAD
To: Plaintiff
c/o W. Scott Henning, Esquire
1300 Linglestown Road, Suite 2
Harrisburg, PA 17110
You are hereby notified to file a written response to the enclosed Defendant's Answer to
Plaintiff's Complaint with New Matter within twenty. (20) days from service hereof or a judgment
may be entered against you.
Respectfully submitted,
Johnson, Duffie, Stewart & Weidner
By:
Anthony T. Lucido, Esquire
Johnson, Duffie, Stewart & Weidner
By: Anthony T. Lucido
I.D. No. 76583
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
atl@jdsw.com
Attorneys for Defendant Patsy Weigel
CASH STEEN, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNA.
v.
PATSY WEIGEL,
Plaintiff
Defendant
NO. 4407 -CIVIL
DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW comes the Defendant, Patsy Weigel, through her attorneys, Johnson, Duffie,
Stewart & Weidner, and files this Answer to Plaintiff's Complaint, and in support thereof avers
as follows:
1. Admitted, upon information and belief.
2. Denied. Defendant, Patsy Weigel, currently resides at 721 N. Middleton Road
Carlisle, PA 17013.
3. Admitted.
4. Admitted.
5. Admitted. By the way of further response, the stairs and handrail at the premises
were properly maintained and were safe for use by all tenants and pedestrians.
6. Admitted. By way of further response, the stairs and handrail at the premises
were properly maintained and were safe for use by all tenants and pedestrians.
7. Denied. The stairs and handrail were at all times in good condition, well
maintained and safe for use by tenants and pedestrians.
8. Denied. The stairs and handrail were at all times in good condition, well
maintained and safe for use by tenants and pedestrians.
9. Admitted. By way of further response, there was no need for the posting of any
warning sign near the stairs because no dangerous condition existed.
10. After reasonable investigation, Answering Defendant lacks knowledge and
information sufficient to form a belief as to the truth of this allegation. Accordingly, it is denied
and strict proof thereof is demanded at the time of trial.
COUNT I - NEGLIGENCE
Cash Steen v Patsy Weigel
11. Answering Defendant incorporates by reference her responses to paragraphs 1
through 10 above as though fully set forth herein.
12. Denied as a legal conclusion.
13. (a) -(e). Denied as legal conclusions.
14. Denied as a legal conclusion.
15. (a) -(g). Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e).
16. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Answering Defendant, Patsy Weigel, demands judgment in her favor
and requests that Plaintiff's Complaint be dismissed, with prejudice.
NEW MATTER
17. Answering Defendant incorporates by reference her responses to paragraphs 1
through 16 above as though fully set forth herein.
18. Plaintiff has failed to state a claim upon which relief may be granted.
19. Plaintiff's claims are barred by his own contributory negligence.
WHEREFORE, Answering Defendant, Patsy Weigel, demands judgment in her favor
and requests that Plaintiff's Complaint be dismissed, with prejudice.
Respectfully submitted,
JOHNS , UFFIE, STEWART & WEIDNER
BY:
Anthony T. Lucido, Esquire (ID No. 76583)
301 Market Street
P 0 Box 109
Lemoyne, PA 17043
(717) 761-4540
atl@jdsw.com
Attorneys for Defendant
:665135
VERIFICATION
I, Patsy Weigel, hereby acknowledge that I have read the foregoing Answer with New
Matter to Plaintiff's Complaint; and that the facts stated therein are true and correct to the
best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.
C. S. §4904, relating to unsworn falsification to authorities.
By:
Patsy Weigel
DATE: 7 , 2 (i / S
CERTIFICATE OF SERVICE
AND NOW, this 12 day of January, 2015, the undersigned does hereby certify that
he did this date serve a copy of the foregoing Defendant's Answer with New Matter to
Plaintiff's Complaint upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
W. Scott Henning, Esquire
Handler Henning & Rosenberg LLP
1300 Linglestown Road
Suite 2
Harrisburg, PA 17110
Attorneys for Plaintiff
JOHNSON, DUFFIE, STEWART & WEIDNER
By
Anthony T. Lucido