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HomeMy WebLinkAbout02-1871DANIEL DURF, SR. , : PLAINTIFF : : V. : : GEORGE R. WEIGEL, JR., : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-/ 1C WL CIVIL ACTION-LAW 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 an 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 DANIEL DURF, SR., : PLAINTIFF : : V. : : GEORGE R. WEIGEL, JR., : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o2-I ?1 civil CIVIL ACTION-LAW 1. Plaintiff, Daniel Durf, Sr., is an adult individual residing at 4410 Carlisle Rd., Gardners, Pennsylvania. 2. Defendant, George R. Weigel, Jr., is an adult individual residing at 485 Rake Factory Rd., Gardners, Pennsylvania. 3. On June 12, 2000, the Plaintiff was driving his motor vehicle on Carlisle Rd., very close to his home, in Dickinson Township, Pennsylvania. The facts and occurrences in reference to the auto accident occurred the afternoon of June 12, 2000. 4. On June 12, 2000 the Defendant was driving his motor vehicle on Carlisle Rd., Dickinson Township, Pennsylvania. 5. The Plaintiff had slowed his vehicle to turn into the 'driveway of his home and so as to enter the driveway at a safe rate of speed. 6. The Defendant was operating his vehicle at an excessive rate of speed. The Defendant failed to engage his brakes and stop in adequate time. The Defendant's vehicle struck the Plaintiff's vehicle in the rear driving Plaintiff's vehicle off the traveled portion of the highway and across his front lawn for approximately ..... feet into the side of a vehicle parked in the driveway. Mr. Durf's vehicle thereafter continued until it came into contact with his front porch, at which time his vehicle came to rest. 7. As a result of the collision, the Plaintiff was thrown forward and rebounded and was injured and transported to the Carlisle Hospital. 8. As a direct consequence of the collision of the Defendants vehicle with Mr. Durf's vehicle, Mr. Durf suffered the following severe and painful injuries: a. cervical strain b. lumbar strain 9. As a direct result of the aforesaid collision, the Plaintiff has suffered a range of motion loss in all planes associated with cervical and lumbar rotation. 10. As a result of the above injuries, Mr. Durf was taken to the hospital and has undergone extensive treatment including medication treatment, physical therapy, and treatment at his family physician clinic. 11. As a result of the injuries caused by the aforesaid collision Mr. Durf has undergone and in the future will undergo physical and mental pain and suffering, inconvenience and loss of life's pleasures and claim is made therefore. 12. As a result of the aforesaid injuries Mr. Duff has been and in the future will be subject to great humiliation and embarrassment and claim is made therefore. 13. As a result of the aforesaid injuries Mr. Durf continues to experience pain and physical limitations and believes his injuries may be of a permanent nature and claim is made therefore. 14. reference. 15. COUNT I Paragraphs 1 through 13 are incorporated herein by The foregoing accident and all of the above injuries and damages sustained by Daniel Duff, Sr., are the direct and proximate result of the negligent and careless manner in which the Defendant, George R. Weigel, Jr., operated his motor vehicle, including but not limited to the following: a. failure to maintain proper control of his motor vehicle; b. failure to stop his vehicle within an assured clear distance of the Plaintiff's vehicle; c. failure to obey the laws of the Commonwealth regarding operation of his motor vehicle. W~EREFORE, the Plaintiff respectfully requests that he be granted judgment in his favor and against the Defendant, George R. Weigel, Jr., in an amount in excess of $25,000.00 exclusive of costs and interest. Respectfully submitted, O'BRIEN, BARIC & SCHERER By Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATED: BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 100 SOUTH QUEEN STREET, THIRD FLOOR LANCASTER, PA 17603-5368 (717) 393-4400 ATTORNEY FOR DEFENDANTS George R. Weigel, Jr. Daniel Duff, Sr. : : VS. : George R. Weigel, Jr. : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of defendant, George R. Weigel, Jr., on whose behalf a jury trial is demanded. BENNETT, BRICKLIN & SALTZBURG LLP BY:~~ PAUL F. LANTIERI, ESQUIRE KRISTIN E. JAQUIS, ESQUIRE Attorneys for Defendant Dated: BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 100 SOUTH QUEEN STREET, THIRD FLOOR LANCASTER, PA 17603-5368 (717) 393-4400 ATTORNEY FOR DEFENDANTS George R. Weigel, Jr. Daniel Durf, Sr. : VS. George R. Weigel, Jr. : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 CER TIFICA TE OF SER VICE Paul F. Lantieri, Esquire hereby certifies that a true and correct copy of the foregoing Entry of Appearance was served upon counsel of record listed below by way of United States First Class Mail, postage prepaid: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHRER 17 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) Dated: May 10, 2002 PAUL F. LANTIERI, ESQUIRE TO THE WITHIN NAMED Plaintiff YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED New Matter WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Bennett, Bricklin & Saltzburg Attorney for Defendants BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 100 South Queen Street, Third Floor Lancaster, PA 17603-5368 (717) 393-4400 Attorney for Defendant DANIEL DURF, SR. : VS. : .' GEORGE R. WEIGEL, JR. : COURT OF COMMON P!-EAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 02-1871 DEFENDANT'S ANSWER WITH NEW MATTER 1. After reasonable investigation, answering defendant is without knowledge or info, lfiation sufficient to form a belief as to the truth of the ave,if~ent of this paragraph and if relevant, proof is demanded. 2. Admitted. 3-13, inclusive. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure. COUNT I 14, 15. Denied. The averments of these paragraphs are deemed to be denied and at issue pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, defendant George R. Weigel, Jr., respectfully requests that judgment be entered in his favor. NEW MATTER 16. Plaintiff's claims are barred, limited or otherwise controlled by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 17. Plaintiff's claims are barred or reduced under the provisions of the Pennsylvania Comparative Negligence Act to the extent it is established that plaintiff was contributorily negligent. 18. Plaintiff's claims are barred or reduced to the extent the evidence establishes that plaintiff failed to properly mitigate his damages. WHEREFORE, defendant George R. Weigel, Jr. respectfully requests that judgment be entered in his favor. BENNETT, BRICKLIN & SALTZBURG I.l p PAUL F. LANTIERI, ESQUIRE Attorney for Defendant VERIFICATION I, PAUL F. LANTIERI, ESQUIRE, do hereby certify that I am the attorney for defendant George R. Weigel, Jr. that as such I am authorized to take this verification, and that the facts set forth in the foregoing ANSWER WITH NEW MATTER, are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esqmre I.D. No. 22241 100 South Queen Street, Third Floor Lancaster, PA 17603-5368 (717) 393-4400 Attorney for Defendant DANIEL DURF, SR. VS. GEORGE R. WEIGEL, JR. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW DOCKET No. 02-1871 CERTIFICATE OF SERVICE I, Paul F. Lantieri, Esquire, hereby certify that a true and correct copy of defendant' s Answer With New Matter has been served upon counsel of record listed below by way of United States First Class Mail, postage prepaid on May 21, 2002. Robert L. O'Brien, Esquire O'Brien, Baric & Schrer 17 West South Street Carlisle, PA 17013 BENNETT, BRICKLIN and SALTZBURG LLP BY:_ PAUL F. LANTIERI, ESQUIRE Attorney for Defendant SHERIFF'S RETURN - CASE NO: 2002-01871 P · COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DURF D~kNIEL SR VS WEIGEL GEORGE R JR OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT WEIGEL GEORGE R JR but was unable to locate Him deputized the sheriff of ADAMS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, , to wit: He therefore Pennsylvania, serve the within COMPLAINT & NOTICE to On May 3rd , 2002 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams Co 18.00 9.00 10.00 26.50 .00 63.50 05/03/2002 So answers: ~ / ~ R. Thomas Ki~ne Sheriff of Cumberland County OBRIEN BARIC SCHERER Sworn and subscribed to before me this /~ day of ~u,~ / ~O 2-- A.D. / ; ProthohotAr~ ' In The Court of Common Pleas of Cumberland County, Pennsylvania Daniel Durf Sr. VS. Geor§e R. Weigel Jr. SERVE: George R. Weigel Jr. N0. 02 1871 civil Now, April 19,2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Adams County to execute this Writ, this hereby deputize the Sheriffof deputation being made at the request and risk of the Plaintiff. Sher/ff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock within M. served the upon by handing to a and made l(nown to copy of the original the contents thereof. So answers~ Sheriff of County, PA Sworn and subscribed before me this day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT MASON DIXON BUSINESS FORMS, INC. DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DANIEL DURF~ SR. DATE PROCESSED INSTRUCTI~O~,,S: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF on the reverse of the last (No. 5) copy of this form. Please type or print legibly, insuring readability of all copies. Do not dMaab any COdM~. ACSD ENV.# 3. DEFENDANT/S/ GEORGE R. WEIGELt JR. SER¥~ ~. NAME OF ,NmV,DUAL. COMFAN¥. ¢ORFORAT,ON. ETC. TO aERY,CE OR ~ESCmPT,ON OF FROPER~ TO SE LEV,ED. A~ACHED OR SOLD. George R. Weigel, Jr. 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 485 P~ke Factory Road, Gardners, PA 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE O CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER Now, ., I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF AOAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within wiff may leave same without a watchman, in custody of whomever is found in possession, after notifying parson of levy or attachment, without liability on the pert of such deputy or the sheriff to any plaintiff herein for any Ios~, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ~ PLAINTIFF Robert L. O'Brien, Esq. O DEFENDANT (717) 249-6873 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12.orl acknowledgecomplaint asreceiptindicated°f theabove.Writ SIGNATURE of Authorized ACSD Deputy or Clerk and Tips 13. Date Received 14. Expiration / Hearing date 15. I hereby CERTIFY and RETURN that I I~have personally sen'ed, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have posted the above described property with the writ or complaint described on the indNidual, company, corporation, etc., at the address shown above or on the indNidual, ~ornpeny, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY tbe~of. 16. [] I hereby certify ami return a NOT FOUND because I am unable to locate the individual, company, corpe~etion, etc., named above. (See remarks below) 17. Name and title of indNidual sewed George R. Weigel~ Jr. 19. Address of where sewed (complete only if different than shown above} (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE} 22. ATTEMPTS Oite Mlle~ Dep.lnt. Dire Miles Oep,Int. Dete Mil# Oep,Int. Date Mllee De 20. Date of Service 21. Time 4/26/2002 5: 26PM .Int. Dete MI ~ Dep.lnt. 28. G(~lC~lC~R REFUND ~123.50 Ck. #7240 AFFIRMED and subocrlbed to before me this day of N/A I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. James W. Muller 47~6/2002 g 6/2oo2 39. Date Received PROTHONOTARY BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 100 SOUTH QUEEN STREET, THIRD FLOOR LANCASTER, PA 17603-5368 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigel, Jr. DANIEL DURF, SR. VS. GEORGE R. WEIGEL, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the Verification of George R. Weigel, Jr. for that of Paul F. Lantieri, Esquire attached to the Answer with New Matter filed in this matter on or about May 21, 2002. BENNETT, BRICKLIN & SALTZBURG LLP BY: ~"AUL F. LANTIERI, ESQUIRE Attorney for Defendant Dated: May 29, 2002 BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 100 SOUTH QUEEN STREET, THIRD FLOOR LANCASTER, PA 17603-5368 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigel, Jr. DANIEL DURF, SR. : : VS. : : GEORGE R. WEIGEL, JR. : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 CERTIFIC4 TE OF SERVICE Paul F. Lantieri, Esquire hereby certifies that a true and correct copy of the foregoing Praecipe to Substitute Verification was served upon counsel of record listed below by way of United States First Class Mail, postage prepaid: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHRER 17 West South Street Carlisle, PA 17013 (Counsel for PlaintifJ) Dated: May 29, 2002 PAUL F. LANTIERI, ESQUIRE BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigel, Jr. DANIEL DURF, SR. VS. GEORGE R. WEIGEL, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 JURY TRIAL DEMANDED SUGGESTION OF CHANGE OF ADDRESS TO THE PROTHONOTARY: Kindly note o£ record that the address of' Bennett, Bricklin & Saltzburg LLP, counsel for defendant George R. Weigel, Jr., has changed to: Bennett, Bricklin & Saltzburg LLP Liberty Place 313 West Liberty Street Suite 371 Lancaster, PA 17603 Dated: September 17, 2002 BENNETT, BRICKLIN & SALTZBURG LLP BY: PAUL F. LANTIERI, ESQUIRE Attorney for Defendant BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigel, Jr. DANIEL DURF, SR. VS. GEORGE R. WEIGEL, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Paul F. Lantieri, Esquire, hereby certify that a tree and correct copy of the foregoing Suggestion of Change of Address has been served this date upon all interested counsel by way of United States First Class Mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHRER 17 West South Street Carlisle, PA 17013 (Counsel for PlaintifJ) Dated: September 17, 2002 PAUL F. LANTIERI, ESQUIRE BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigel, Jr. DANIEL D URF, SR. VS. GEORGE R. WEIGEL, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; (3) no objection to the subpoenas has been received; and. (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Dated: December 27, 2002 BENNETT, BRICKLIN & SALTZBURG LLP BY: ~ PA~~F. ~'IE~RI, ESQUIRE Attorney for Defendant BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigel, Jr. DANIEL DURF, SR. VS. GEORGE R. WEIGEL, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas upon the records custodians to Three Springs Family Practice (David A. Dell, M.D.) and Carlisle Hospital, identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. In no objection is made, the subpoenas may be served. BENNETT, BRICKLIN & SALTZBURG LLP BY: Attorney for Defendant, George R. Weigel, Jr. Dated: November 25, 2002 Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Daniel Durf, Sr. Plaintiff/s Docket No. 02-1871 George R. Weigel, Jr. VS Defendants To Records Custodian (Name of per,on or en~ty) Carlisle Hospital Five Sprint Drive, #A Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: · Any and all records in your possession pertaining to Daniel Duff, Sr. (DOB: 1/8/56). See attached. at Bennett, Bricklin & Saltzburg I J.P, 313 West Liberty Street, Suite 371, Lancaster, PA 17603 You may deliver or mail legible copies of the documents or produce things reqnested 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 procure 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: DATE:.~~ Seal of the Court Paul F. Lantieri, Esquire Attorney's Name 22241 Identification Number Bennett, Bricklin & Saltzburg LLP 313 West Liberty Street, Suite 371 Lancaster, PA 17603 Address (717) 393-4400 Telephone Number ^mrney for Defendant, G~,Qrge R. Wei§el, Jr. BY THE COURT:~ /'/t (Prothonotary) . ~ Any and all records and information in your possession pertaining to the named individual, including but not limited to, all reports, notes, correspondence, original diagnostic film, including x-rays, MRI's and CAT scans, bills, insurance forms and claim forms, consultation reports, evaluations, statements and all other records, documents and information. For purposes of this subpoena, the term "information" includes all data, material and information stored on disc, CD or tape or stored in any other way and which is capable of being reproduced into document form electronically or mechanically. Commonwealth of Pennsylvania County of Cumberland SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Daniel Duff, Sr. Piaintiff/s Docket No. 02-1871 George R. Weigel, Jr. VS Defendant/s To Records Custodian (Name of person or entity) David A. Dell, M.D. Three Springs Family Practice 303 North Baltimore Avenue Mount Holly Springs. PA 17065 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all records in your possession pertaining to Daniel Durf, Sr. (DOB: 1/8/56). See attached. at Bennett, Bricklin & Saltzburg IJ.p, 313 West Liberty Street, Suite 371, LancaSter, PA 17603 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 procure 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 pot'son: Paul F. Lantieri, Esquire Attorney's Name 22241 Identification Number Bennett, Bricklin & Saltzburg LLP 313 West Liberty Street, Suite 371 Lancaster, PA 17603 Address (717) 393-4400 Telephone Number Attorney for Defendant, Gegr~ge R. Weigel, Jr. ~BY THE COURT: ~ / / Any and all records and information in your possession pertaining to the named individual, including but not limited to, all reports, notes, correspondence, original diagnostic film, including x-rays, MRI's and CAT scans, bills, insurance forms and claim forms, consultation reports, evaluations, statements and all other records, documents and information. For purposes of this subpoena, the term "information" includes all data, material and information stored on disc, CD or tape or stored in any other way and which is capable of being reproduced into document form electronically or mechanically. BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigel, Jr. DANIEL DURF, SR. VS. GEORGE R. WEIGEL, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY cI~rIL ACTION-LAW DOCKET NO. 02-1871 JURY TRIAL DEMANDED CERTIFIC,4TE OF SER VICE I, Paul F. Lantieri, Esquire, hereby certify that a tree and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 has been served this date upon all interested counsel by way of United States First Class Mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, B,,IRIC & $CHRER 17 West South Street Carlisle, PA 17013 (Counsel for Plaintifj) Dated: December 27, 2002 PAUL F. LANTIERI, ESQUIRE BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigle, Jr. DANIEL DURF, SR. VS. GEORGE R. WEIGLE, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 JURY TRIAL DEMANDED ORDER OF THE COURT NOW, this ~__~day o£.. ] . ~ ~03,t in consideration ofthe foregoing petition, /~(~~,Z~E~v . _ ~fi~,sq uire2>,~ ~~a~ ,Esquire, and quire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigle, Jr. DANIEL DURF, SR. VS. GEORGE R. WEIGLE, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW DOCKET NO. 02-1871 JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF.dRBITRA TORS To the Honorable, the Judges of Said Court: Paul F. Lantieri, Esquire, counsel for the defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is less than $25,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Robert L. O'Brien, Esquire, O'Brien, Baric & Schrer. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. BENNETT, BRICKLIN & SALTZBURG LLP BY:_ PAUL F. LANTIERI, ESQUIRE, Attorney for Defendant BENNETT, BRICKLIN & SALTZBURG LLP BY: Paul F. Lantieri, Esquire I.D. No. 22241 BY: Kristin E. Jaquis, Esquire I.D. No. 73887 LIBERTY PLACE 313 WEST LIBERTY STREET, SUITE 371 LANCASTER, PA 17603 (717) 393-4400 ATTORNEY FOR DEFENDANT George R. Weigle, Jr. DANIEL DURF, SR. VS. GEORGE R. WEIGLE, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CWIL ACTION-LAW DOCKET NO. 02-1871 JURY TRIAL DEMANDED CER TIFIC/I TE OF SER VICE I, Paul F. Lantieri, Esquire, hereby certify that a true and correct copy of the foregoing Petition for Appointment of Arbitrators has been served this date upon all interested counsel by way of United States First Class Mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHRER 17 West South Street Carlisle, PA 17013 (Counsd for PlaintifJ) Dated: May 2, 2003 PAUL F. LANTIERI, ESQUIRE OATH IN THE COURT OF COMIvION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (~--~- I ql TEeM We do solenmly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commo~ our office with fidelity. ischarge the duties of We, the undersibmed arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If d~r delj~y are awarde~d, th~}l, shall be separately stated.) · Arbitrator, dissents. (insert name DateofHemng: g-O?'O% Date of Award: ~ - ~ ..O 5 " CMirman NOTICE OF ENTRY OF AWARD ~x~r~] ,20F~ , at _.~._:_]f_)_, /~M., the above award Now, the .~ ~day of was entered upon the docket and not/ce thereof given by[nail to the parties or ~ir attorneys. Artibitrators'compensation to be /J( ~ ~ ~ . ~/~ Paid upon appeal: h'othonota~, $290.00 Deputy