HomeMy WebLinkAbout09-7904IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE FOUGHT, No.
Plaintiff O? r 7 ?? y C NTZ ?M
V.
VALLEY COMMUNITY
SERVICES,
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action 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 defense 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 LAWYER REFERRAL SERVICE
32 S. Bedford St.
Carlisle, PA 17013
249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se
defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso
o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda.
Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 S. Bedford St.
Carlisle, PA 17013
249-3166
Respectfully Submitted,
Dated: ?? 13
CLARK & KREVSKY, LLC
BY: ??_ & e.
Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
(717) 731-4764 Fax
Attorney I.D. No. 35443
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE FOUGHT, No.
Plaintiff
V.
VALLEY COMMUNITY
SERVICES,
Defendant
COMPLAINT
6-y _ 7 90V 6,'-1 "' f (/"k
NOW COMES Plaintiff, Wayne Fought, by and through his counsel, Clark & Krevsky,
LLC, who files the following Complaint and who avers in support as follows:
INTRODUCTION
1.
2.
This is an action arising against Plaintiff's former employer raising claims against
Defendant under the Whistleblower Law, Act of December 12, 1986, P.L. 1559, (the
PWL"), 43 P.S.§1421, and under Pennsylvania common law relating to wrongful
discharge.
PARTIES, JURISDICTION, AND VENUE
Plaintiff, Wayne Fought, is an adult individual and a citizen of the Commonwealth of
Pennsylvania having a principal Residence at 1420 Bradley Drive, Apartment F311,
Carlisle, Cumberland County, Pennsylvania.
Defendant, Valley Community Services ("VCS"), is a Pennsylvania (non-profit)
corporation having an office for the purpose of doing business at 196 Lawrence Lane,
Carlisle, Cumberland County, Pennsylvania.
4. This court has personal and subject matter jurisdiction over this matter.
5. Venue lies within Cumberland County as the acts and circumstances at issue arose within
Cumberland County.
BACKGROUND FACTS
6. For all relevant time, VCS has operated one or more residential facilities wherein VCS
provides services to persons with mental and/or physical disabilities who are housed in
group residential facilities.
7. For all relevant time, VCS has operated a residential facility at 196 Lawrence Lane,
Carlisle, Cumberland County, Pennsylvania (the "Lawrence Lane Residence").
8. For all relevant time. VCS also operated a residential facility at 298 Mount Rock Road,
Newville, Cumberland County, Pennsylvania (the "Mt. Rock Residence").
9. On or about October 14, 2008, VCS hired Fought as a program aide and assigned him to
work at the Lawrence Lane Residence.
10. From October 14, 2008 through July 14, 2009 Fought served with distinction and
provided assistance to residents of VCS' residential facilities.
11. Cumberland Perry Mental Health/Mental Retardation ("CPMH/MR") is operated jointly
by Cumberland County and Perry County, Pennsylvania, to implement, fund, and
administer a full range of services to persons with serious and persistent mental illnesses
2
or persons with intellectual / developmental disabilities who live within Cumberland
and/or Perry Counties.
12. CPMH/MR has immediate oversight over residential facilities of the type operated by
VCS in Cumberland County.
13. In or about May 2009, Fought internally reported instances of waste and wrongdoing at
the Lawrence Lane Residence by making a report through VCS' on-call system.
a. Fought advised that VCS employee committed verbal abuse to a Lawrence Lane
resident.
b. Fought advised that VCS failed to investigate properly the verbal abuse allegation,
in subpart a, above.
c. Fought advised that at least one (1) employee left the Lawrence Lane Residence
while still on the clock, reducing the level of professional supervision at the site.
d. Fought advised that the manager at the Lawrence Lane Residence had hired her
boyfriend to be employed at said residence, even though he had a criminal history
in violation of law.
e. Fought advised that at least one (1) employee possessed and/or used drugs at the
Lawrence Lane Residence.
14. Fought also reported the matters described in subparagraphs 13.a through 13.e to
CPMH/R.
15. The reports that Fought made to CPMH/MR as described in subparagraphs 13.a through
13.e, above, advised CPMH/MR of VCS violations of statute and/or policy that caused an
actual or potential risk to said residents of substantial physical and/or emotional harm.
3
16. Shortly thereafter, CPMH/MR advised VCS of some or all of the allegations described in
subparagraphs 13.a through 13.e, above.
17. On information and belief, CPMH/MR did not advise VCS of its source of the allegations
reported to CMPH/MR as described in subparagraphs 13.a through 13.e, above.
18. Kurt McClain ("McClain") is the Operations Manager at VCS.
19. In or about May 2009, McClain interrogated employees at the Lawrence Lane Residence
about matters similar to what are contained in Paragraph 13.a through 13.3.
a. On or about May 21, 2009, McClain so interrogated Fought.
b. Fought freely admitted to McClain that he had made an internal report to VCS of
such allegations and that the allegations were true.
20. McClain responded angrily to Fought that the allegations made it appear as though
McClain was not doing his job.
21. On or about June 8, 2009, McClain advised Fought he was suspended, but did not give
Fought a reason.
22. On or about June 12, 2009, Fought met with an investigator for VCS and was notified
that he was suspended for allegedly calling a resident at the Lawrence Lane Residence a
"retard."
23. Fought denied the allegation.
24. A VCS employee who witnessed Fought's interaction with the resident verified that
Fought did not make the alleged statement.
4
25. Fought was verbally suspended from June 8, 2009 until June 18, 2009, during which time
he was not paid.
26. Although VCS verbally acknowledged to Fought that the basis for his suspension was
unfounded, VCS reinstated Fought without back pay.
27. During the time period from June 8, 2009 until June 18, 2009, Fought learned of an.
instance when the manager at the Lawrence Lane Residence was tardy for work.
a. On information and belief, the manager was scheduled to give a Lawrence Lane
resident two administrations of medication, one orally and one through injection.
b. Due to the manager's tardiness, the resident did not receive either administration
of medication when scheduled.
c. Before the manager arrived for work, VCS directed another employee to
administer the medications to the resident.
d. The resident did not receive his administered medications on his schedule.
e. On information and belief, the employee who VCS directed to administer the
medications was suspended from and continued to be suspended from medication
administration due to her previous improper administration of medication.
f. On information and belief, the employee who VCS directed to administer the
medications did not meet legal qualifications to give insulin shots.
g. Home and Community Services Information System ("HCSIS") is where
providers of Medical Assistance services report incidents and other notable
information relating to a recipient of Medical Assistance.
5
h. The fact that the resident received a late administration of two (2) medications
involved at least two (2) reports be made to HCSIS, one report for each of the late
medications.
i. On information and belief, the fact that the resident received an administration of
medication from a staff who did not meet legal qualifications to administer
medications was required to be reported to HCSIS.
j. On information and belief, two written reports were left for the manager of the
Lawrence Lane Residence to submit to HCSIS.
k. On information and belief, the manager of the Lawrence Lane Residence should
have submitted the reports to her supervisor for filing in HCSIS, but failed to do
so.
1. On information and belief, no information regarding the matters described in
subparagraphs 27.a through 271, above was reported to HCSIS.
in. On information and belief, VCS's compliance officer was aware of the matters
described in subparagraphs 27.a through 271, above, but failed to ensure that said
reports were made to HCSIS.
28. On or about June 15, 2009, Fought advised CPMH/MR about the matters described in
subparagraphs 27.a through 27.m, above.
29. On or about June 18, 2009, Fought returned from his suspension.
30. On or about June 16, 2009, Defendant verbally advised Fought that he would be now
assigned to work at the Mt. Rock Residence.
6
31. Defendant provided Fought no explanation why he was now assigned to work at the Mt.
Rock Residence.
32. Defendant at no time advised that Fought was prohibited from entering or working at the
Lawrence Lane Residence.
33. On or about June 21, 2009, Fought was asked by a co-worker to cover an overnight shift
at the Lawrence Lane Residence.
34. On information and belief, employees of VCS covered for each other's shifts by mutual
agreementl.
35. Fought agreed to cover the overnight shift on June 21, 2009, at the Lawrence Lane
Residence, and did so cover said shift.
36. At no time after the overnight shift from June 21 to June 22, 2009, did Fought work at the
Lawrence Lane Residence.
37. Fought worked without incident at the Mt. Rock Residence from June 18, 2009 through
June 26, 2009.
38. On or about June 24, 2009, Defendant verbally advised Fought that he was not allowed to
work at the Lawrence Lane Residence any longer.
39. On or about June 26, 2009, Defendant advised Fought by phone that he was suspended.
40. On or about July 9, 2009, an investigator from VCS advised Fought that the alleged
reason for his suspension was because he worked at the Lawrence Lane residence on the
overnight shift of June 21-22, 2009.
7
41. Defendant kept Fought on an indefinite suspension without pay from June 26, 2009,
through July 14, 2009.
42. Defendant terminated Fought on July 14, 2009.
43. Defendant told Fought that he was terminated due to insubordination, but failed to
provide him with further details.
44. Fought never received a post-suspension interview nor was he provided a termination
letter.
Count I - Pennsylvania Whistleblower Law
45. Paragraphs 1 through 44 are incorporated herein by reference as though fully set forth at
length.
46. On information and belief, VCS receives payment for goods and/or services provided to
residents in the care of VCS:
a. Said payment to VCS includes, in part, funds from the federal-state program
known as Medicaid;
b. Payments to VCS from Medicaid constitute funding by or through the
Commonwealth of Pennsylvania and/or one or more political subdivisions
thereof;
c. VCS is a "public body" within the meaning of the PWL.
47. The information that Fought provided to CPMH/MR included reports of waste and
wrongdoing within the meaning of the PWL.
8
48. Fought made his reports of waste and/or wrongdoing in good faith within the meaning of
the PWL.
49. Defendant was aware that Fought made one or more reports of waste and/or wrongdoing
to CPMH/MR.
50. Defendant suspended Fought lacking reasons that were separate and legitimate from his
report of waste and wrongdoing.
51. Any reasons that Defendant alleged for its suspension of Fought, which Fought denies,
were pretext for his report to CPMH/MR.
52. Defendant terminated Fought lacking reasons that were separate and legitimate from his
report of waste and wrongdoing.
53. Any reasons that Defendant alleged for its termination of Fought, which Fought denies,
were pretext for his report to CPMH/MR.
54. Defendant's actions against Fought (i.e., suspension and termination) violated Section 3
of the PWL, 43 P. S. § 1423.
55. As a direct consequence of Defendant's actions, Fought has suffered and continues to
suffer loss of employment, lost income, lost fringe benefits, and other losses that will be
established through discovery.
56. Defendant is liable to Fought for all damages, and other remedies including costs,
reasonable attorney's fees, and all other remedies and enforcement available to Fought
under sections 4 and 5 of the PWL, 43 P. S. § 1424-1425.
9
57. As a direct consequence of Defendant's actions, Fought has suffered and continues to
suffer loss of employment, lost income, lost fringe benefits, and other losses that will be
established through discovery.
58. Defendant is liable to Fought for all damages, and other remedies including costs,
reasonable attorney's fees, and all other remedies and enforcement available to Fought
under sections 4 and 5 of the PWL, 43 P. S. §1424-1425.
59. Defendant should be subjected by the Court to all penalties, civil fines and suspensions as
provided under Section 6 of the PWL, 43 P. S. § 1426.
WHEREFORE, Plaintiff Wayne Fought requests this Honorable Court to enter judgment
in his favor and against the Defendant in an amount in excess of Fifty Thousand Dollars, the
jurisdictional limit for trial by jury in Cumberland County, together with interest, costs and
reasonable attorney's fees and such other relief that this Court deems just.
Count II - Wrongful Discharge
60. Paragraphs 1 through 59 are incorporated herein by reference as though fully set forth at
length.
61. Defendant's actions in suspending and/or terminating Plaintiff are contrary to the public
policy of this Commonwealth as stated in the PWL.
62. As a direct consequence of Defendant's actions, Fought has suffered harm, including but
not limited to lost wages, loss of earning capacity, loss of future wages, and interest.
63. Because Defendant's actions were malicious, wanton, intentional and reckless, Plaintiff is
entitled to punitive damages.
10
64. Defendant is liable to Fought for all damages, interest and other remedies available to
Fought under the law.
WHEREFORE, Plaintiff Wayne Fought requests this Honorable Court to enter judgment
in his favor and against the Defendant in an amount in excess of Fifty Thousand Dollars, the
jurisdictional limit for trial by jury in Cumberland County, together with interest, costs and
reasonable attorney's fees and such other relief that this Court deems just.
Dated: 1 13
By:
Respectfully Submitted,
CLARK & KREVSKY, LLC
11
Frank P. Clark
P.O. Box 1254
Camp Hill, PA 17001-1254
(717) 731-8600
(717) 731-4764 Fax
Attorney I.D. No. 35443
Attorney for Plaintiff
VERIFICATION
The undersigned, Wayne Fought, hereby verifies that he is the Plaintiff in the within
matter; that he executes this Verification on his own behalf; and that the facts set forth in the
foregoing Complaint are true and correct to the best of his knowledge, information and
belief and further states that false statements herein are made subject to the penalties of 18
Pa.C.S.§4904 relating to unworn falsification to authorities.
4W4
Da Wayne
(0
.
RED--,
?r.
r
,?- 3 3 Y7l
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
?g444
OFF EL F, ?, 71 c" cKIFF
2009 NOV 19 PrI 12: 59
PENNSYL.VAMA
Wayne Fought
vs.
Valley Community Services
Case Number
2009-7904
SHERIFF'S RETURN OF SERVICE
11/17/2009 06:27 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November
17, 2009 at 1827 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Valley Community Services, by making known unto Larry Weeks, Office Manager at 196
Lawrence Lane Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $33.84
November 18, 2009
SO ANSWERS,
oloo
R THOMAS KLINE, S e ERIFF
By
Deputy Sheriff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
AL ED- C)FACE
of Clio— CF THE Prn,,}T?'("vCIARY
(c Geu;rySailo ShE:!;°F. '(eiecsoft. Inc
Frank J. Lavery, Jr., Esquire
Devon M. Jacob, Esquire
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
T: (717) 233-6633
F: (717) 233-7003
Email: flavery(&-Iavervlaw.com
Email: diacog@laverylaw.com
Counsel for Deferrddan
s z
rn
= ;0 ? rni=
-u
e m
7 v
-
r
- `- ---4C3
rv € n
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE FOUGHT,
Plaintiff
V.
VALLEY COMMUNITY SERVICES,
Defendant
: No.: 09-7904 Civil Term
: JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to
Rule 4009.22, the Defendant hereby certifies that:
a notice of intent to serve subpoenas with a copy of the subpoenas attached
thereto was mailed or delivered to each party at least twenty (20) days prior to the date on
which the subpoenas are sought to be served;
2. a copy of the notice of intent, including the proposed subpoenas, are 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 subpoena.
Respectfully submitted,
Lavery, Faherty, Young & Patterson, P.C.
Date: -)' By:
DvVon M. Jacob
Atty. ID 89182
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
Attorney for Defendant
(717) 233-6633
diacobC?laverylaw.com
CERTIFICATE OF SERVICE
I, Barbara Lauver, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.C., do hereby certify that on this day of December, 2010, 1
served a true and correct copy of the foregoing PREREQUISITE TO SERVICE OF
SUBPOENA via U.S. First Class mail, postage prepaid, addressed as follows:
Frank P. Clark, Esquire
Clark & Krevsky, LLC
PO Box 1254
Camp Hill, PA 17001
Barbara Lauve , a legal
Frank J. Lavery, Jr., Esquire
Devon M. Jacob, Esquire
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
T: (717) 233-6633
F: (717) 233-7003
Email: flavery(&-Iaverylaw.com
Email: djacob(&D_laverylaw.com
Counsel for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE FOUGHT,
Plaintiff
V.
VALLEY COMMUNITY SERVICES,
Defendant
No.: 09-7904 Civil Term
: JURY TRIAL DEMANDED
NOTICE OF INTENT TO ISSUE SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO PA. R.C.P. 4009.21
TO: Frank P. Clark, Esquire
Defendant, Valley Community Services, intends to serve subpoenas 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. If no objection is made, the subpoenas may be served.
Respectfully submitted,
Date: I (-Li-/o
Lavery, Faherty, Young & Patterson, P.C.
By:
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
Attorney for Defendant
(717) 233-6633
diacob(aD-laverylaw.com
CERTIFICATE OF SERVICE
I, Barbara Lauver, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.C., do hereby certify that on this day of November, 2010, 1
served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena
via U.S. First Class mail, postage prepaid, addressed as follows:
Frank P. Clark, Esquire
Clark & Krevsky, LLC
PO Box 1254
Camp Hill, PA 17001
Barbara Lauv r, P raIegal
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File No. 09-7904
VS.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: The Bridges of Bent Creek
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/O/B: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at
Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market St, Suite 304,
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233.6633
SUPREME COURT ID # a91az
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff' File No. 09-7904
vs.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: North East Testing Upstate Inc.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/O/B: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market St., suite 304,
PO Box 1245
Harrisburg, PA 17106
TELEPHONE: 717-2336633
SUPREME COURT ID # 89192
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff' File No. 09-7904
VS.
Valley Community Services
Defendant
TO: Compassionate Senior Care
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # 89182
ATTORNEY FOR: Defendant
BY THE COURT:
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
225 Market St., Suite 304,
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff
VS.
File No. 09-7904
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Valley Community Services
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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; Devon M. Jacob
ADDRESS: 225 Market St. suite 304,
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233.6633
SUPREME COURT ID # 89112
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff
VS.
Valley Community Services
Defendant
File No. 09-7904
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: America's Best Inn and Suites
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market st, site 304,
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # e91a2
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File No. 09-7904
VS.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: In Your Home Care Inc.,
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market St, Suite 304,
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # agm
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Sea] of the Court Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File
vs.
Valley Community Services
Defendant
09-7904
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Assets Protection, Inc.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market St., suite
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # 19192
ATTORNEY FOR: Defendant
Date:
Sea] of the Court
BY THE COURT:
Prothonotary, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought 09-7904
Plaintiff File No.
vs.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Artistic Sports Academy Plus
(Name of Person oT Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS:
PO Box 1245
225 Market St., suite 304,
Harrisburg, PA 17108
TELEPHONE: 717-233.6633
SUPREME COURT ID # 891&2
ATTORNEY FOR: Defend-
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File No. 09-7904
vs.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Emerald Senior Services
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market St., Suite 304,
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # 89182
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File No. 09-7904
vs.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Penn National Race
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS
PO Box 1245
225 Market St., Suite 304,
Harrisburg, PA 17108
TELEPHONE: 717-233.6633
SUPREME COURT ID # 89m
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Sea] of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File No. 09-7904
VS.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Northwestern Human Services
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS:
PO Box 1245
225 Market St, Suite 304,
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # 29112
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Sea] of the Court Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File
VS.
Valley Community Services
Defendant
09-7904
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: PCN
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market St., s.i,e 304,
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # 89182
ATTORNEY FOR: Defendaat
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff
VS.
Valley Community Services
Defendant
File No. 09-7904
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Marriott Hotel
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 22s market!
PO Box 1245
Suite 304,
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # 89192
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Sea] of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
vs.
Valley Community Services
Plaintiff File No. 09-7904
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Mail Boxes Etc.
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market St, Suite 304,
Po Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # &9112
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Sea] of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File No. 09-7904
VS.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Cumberland County Mental Health & Mental Retardation
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all documents related to any May or June of 2009 complaint or investigation of waste or wrongdoing at the Lawrence Lane residential facility located at
196 Lawrence Lane, Cumberland Corutry, PA, operated by Valley Community Services, including but not limited to any and all documents related to any
complaints made by Wayne Fought of arty or all of the following: verbal abuse committed by an employee against a resident, VCS' failure to properly investigate
verbal abuse, improper level of supervision, employment of an employee with a criminal history, possession and/or use of drugs by at least one employee,
improper or unlawful administration of medication, VCS' failure to make necessary or required reports to The Home and Community Services Information
System, and violations of laws and/or policies. Requested documents include but am not limited to all documents possessed or controlled by recipient of
subpoena, all electronically stored documents including Email; arry related documents in archive, storage, or otherwise; all correspondence, participant reportable
forms, forms, complaints, incident reports, memorandums, investigation files, notes, statements, reviews, conclusions, findings or similar type documents.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M. Jacob
ADDRESS: 225 Market St., Suite 304,
PO Box 1245
Harrisburg, PA 17109
TELEPHONE: 717-233-6633
SUPREME COURT ID # 119192
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff
vs.
Valley Community Services
Defendant
File No. 09-7904
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Pennsylvania Department of Public Welfare
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all documents pertaining to The Home and Community Services Information System Incident 2487986 (date
3/27/09), Incident 2574354 (date 5/20/09), Incident 2574425 (date 5/20/09), Incident 2574461 (date 5120/09), and
Incident 2574443 (date 5/20/09), including but not limited to all documents possessed or controlled by recipient of
subpoena; all electronically stored documents including Email; any related documents in archive, storage or otherwise;
all correspondence, participant reportable forms, forms, complaints, incident reports, memorandum, investigation files,
notes, statements, reviews, conclusions, findings, or similar type documents.
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO BOX 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M Jacob
ADDRESS: 225 Market st, suite 304.
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # 89192
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
Frank J. Lavery, Jr., Esquire
Devon M. Jacob, Esquire
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
T: (717) 233-6633
F: (717) 233-7003
Email: flavery(Wavervlaw.com
Email: diacob(a-Iaverylaw.com
' F i t[}-OFi=i L
Count T¢ *9Q 0T;- Fty
2013 FEB 25 A 10: 42
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE FOUGHT,
Plaintiff
V.
VALLEY COMMUNITY SERVICES,
Defendant
: No.: 09-7904 Civil Term
: JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to
Rule 4009.22, the Defendant hereby certifies that:
1. a notice of intent to serve subpoenas with a copy of the subpoenas attached
thereto was mailed or delivered to each party at least twenty (20) days prior to the date on
which the subpoenas are sought to be served;
2. a copy of the notice of intent, including the proposed subpoenas, are 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 subpoena.
Respectfully submitted,
Lavery, Faherty, Young & Patterson, P.C.
Date: By:
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
Attorney for Defendant
(717) 233-6633
dacoNd-Naverylaw.com
CERTIFICATE OF SERVICE
I, Barbara Lauver, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.C., do hereby certify that on this c90 day of February, 2011, 1 served
a true and correct copy of the foregoing PREREQUISITE TO SERVICE OF SUBPOENA
via U.S. First Class mail, postage prepaid, addressed as follows:
Frank P. Clark, Esquire
Clark & Krevsky, LLC
PO Box 1254
Camp Hill, PA 17001
Barbara Lauv , jPr-alegal
225 Market Street
Suite 304 • P.O. Box 1245
Harrisburg, PA 17108 - 1245
_ (717) 233 - 6633
Fax; (717) 233 - 7003
e-mail; attys@laverylaw.com
www.laverviaw.com
Frank Clark, Esquire
Clark & Krevsky, LLC
P. O. Box 1254
Camp Hill, PA 17001-1254
January 31, 2011
RE: Fought, Wayne v. Valley Community Services
Court/ Docket No: 09-7904 Civil Term
Our File No: 1540-004628
Dear Attorney Clark:
Enclosed please find Defendant's Notice of Intent to Issue Subpoenas to Produce
Documents and Things For Discovery Pursuant to PA. R.C.P. 4009.21. You have twenty
(20) days from today to in which to file your objection. If you have no objection to the
issuance of the attached subpoenas I would ask that you sign the bottom of this letter
waiving the 20 day objection period and return same to this office.
If you have any questions, please do not hesitate to contact this office.
Very truly yours,
Barbara Lauver, egal
to Devon M. Jacob, Esquire
Enclosures
I, Frank P. Clark, Esquire, counsel for Plaintiff hereby agree to waive the 20 day
objection period allowing Defendant's counsel to issue subpoenas to produce documents
and things.
Date
Frank P. Clark, Esquire
.ATTORNEYS-AT- LAW
Frank J. Lavery, Jr., Esquire
Devon M. Jacob, Esquire
Lavery, Faherty, Young & Patterson, P.C.
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
T: (717) 233-6633
F: (717) 233-7003
Email: flavery(&-laverylaw.com
Email: djacob(a-iaverylaw.com
Counsel for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE FOUGHT,
Plaintiff
V.
VALLEY COMMUNITY SERVICES,
Defendant
No.: 09-7904 Civil Term
: JURY TRIAL DEMANDED
NOTICE OF INTENT TO ISSUE SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO PA. R.C.P. 4009.21
TO: Frank P. Clark, Esquire
Defendant, Valley Community Services, intends to serve subpoenas 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. If no objection is made, the subpoenas may be served.
Respectfully submitted,
Date:
Lavery, Faherty, Young & Patterson, P.C.
By: Devon M. Jaco
Atty. I D 89182
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
Attorney for Defendant
(717) 233-6633
diacobCa-laverylaw.com
CERTIFICATE OF SERVICE
I, Barbara Lauver, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.C., do hereby certify that on this day of January, 2010, 1 served a
true and correct copy of the foregoing Notice of Intent to Serve a Subpoena via U.S.
First Class mail, postage prepaid, addressed as follows:
Frank P. Clark, Esquire
Clark & Krevsky, LLC
PO Box 1254
Camp Hill, PA 17001
epp , "xtt4-.?,
Barbara Lauv ,Par legal
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File
VS.
Valley Community Services
Defendant
09-7904
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: ManPower 950 Walnut Bottom Road, Carlisle, PA
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records from 2009 to the present
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO Box 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon M, Jacob
ADDRESS: 225 Market St, suite 304
PO Box 1245
Hatrisbtag, PA 17108
TELEPHONE: 717-233.6633
SUPREME COURT ID # 89182
ATTORNEY FOR: Defendant
Date:
Seal of the Court
BY THE COURT:
Prothonotary, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
vs.
Valley Community Services
Plaintiff . File No. 09-7904
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Colonial Pines Golden Age Home 120 Willow Road, Harrisburg, PA
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records from 2001 to the present
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO Box 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon K Jacob
ADDRESS: 225 Market St., suite 304
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # s91a2
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Sea] of the Court Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff
vs.
Valley Community Services
Defendant
File No. 09-7904
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Mack Hospitality 4755 Lindle Road, Suite 120, Harrisburg, PA
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS#: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records from 2004 to the present
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO Box 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon K Jacob
ADDRESS: 225 Marker sc, Suite 304
PO Box 1245
Harrisburg, PA 17108
TELEPHONE: 717-233-6633
SUPREME COURT ID # 89182
ATTORNEY FOR: Defendant
Date:
Seal of the Court
BY THE COURT:
Prothonotary, Civil Division
Deputy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Wayne Fought
Plaintiff File No. 09-7904
VS.
Valley Community Services
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: TARGET 6416 Carlisle Pike, Harrisburg, PA
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all information pertaining to Wayne L. Fought, D/OB: 7/9/1979; SS4: 175-70-1006,
including but not limited to: entire personnel and employment file, including but not limited to all
applications for employment, grievances, disciplinary actions, worker's compensation actions,
medical records, attendance/sick/vacation logs/sheets/requests, compensation records, training and
termination of employment records from 2007 to the present
at Lavery, Faherty, Young & Patterson, PC, 225 Market St., Suite 304, PO Box 1245, Harrisburg, PA 17108
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after 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: Devon K Jacob
ADDRESS:
PO Box 1245
225 Market St.. Suite 304
Harrisburg, PA 17109
TELEPHONE: 717-233-6633
SUPREME COURT ID # 89182
ATTORNEY FOR: Ddendant
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
.;
PROP"ONOTA!R'r
OF TK 2x11 DEC 21 &H I1--58
Frank J. Lavery, Jr., Esquire CQ?UKT`(
Sunshine J. Thomas, Esquire r1itA8ERL{?Np
cA140 ?1 A+
Lavery, Faherty, Young & Patterson, P.C. p?NN
225 Market Street, Suite 304
P. O. Box 1245
Harrisburg, PA 17108-1245
(717) 233-6633 - telephone
(717) 233-7003 - facsimile
flavery@laverylaw.com
sthomas@laverylaw.com
Counsel for Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Wayne Fought,
Plaintiff
V.
Valley Community Services,
Defendant
: No.: 09-7904 Civil Term
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Please enter the appearance of Sunshine J. Thomas, Esquire on behalf of Defendant, Valley
Community Services.
Respectfully submitted,
Lavery, Faherty, Young & Patterson, P.C.
DATE: 3-0) 3- I
By:
T-
Sunshi-n-eT"rhomas, Esquire
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
(717) 233-6633 (telephone)
(717) 233-7003 (facsimile)
Atty No. PA200130
sthomas@laverylaw.com
Attys for Defendant
CERTIFICATE OF SERVICE
I, Megan L. Renno, an employee with the law firm of Lavery, Faherty, Young & Patterson,
P.C., do hereby certify that on this?6 day of December, 2011, I served a true and correct copy
of the foregoing Entry of Appearance via U.S. First Class mail, postage prepaid, addressed as
follows:
Frank Clark, Esquire
Clark & Krevsky, LLC
P. O. Box 1254
Camp Hill, PA 17001-1254
a ??l P OV??
e . Renno
Le al cretary to Frank J. Lavery, Jr., Esquire and
Sunshine J. Thomas, Esquire
2
McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff
BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496
MARC S. WEISBERG, ESQUIRE- ID# 17616
EDWARD D. CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID#34419
ANDREW L.MARKOWITZ, ESQUIRE-ID#28009
HEIDI R.SPIVAK, ESQUIRE-ID#74770
MARISA J. COHEN,ESQUIRE-ID#87830
CHRISTINE L.GRAHAM,ESQUIRE-1D#309480 17 '
BRIAN T.LAMANNA,ESQUIRE-ID#310321 rr1
ANN E.SWARTZ,ESQUIRE-ID#201926 fi r,2
JOSEPH F. RIGA,ESQUIRE-ID#57716 rV �
JOSEPH I.FOLEY,ESQUIRE-ID#314675 r- .:. C7 .
CELINE P. DERKRIKORIAN,ESQUIRE-ID#313673
123 South Broad Street, Suite 1400
Arm �
Philadelphia,Pennsylvania 19109 t xw
(215)790-1010 rtia. �
JPMorgan Chase Bank,National Association CUMBERLAND COUNTY
Plaintiff COURT OF COMMON P1,1',AS
v.
No. 10-7904
Robert C. Jones and Emeline H.Jones a/k/a
Emeline Jones
Defendants
MOTION TO ADJOURN SHERIFF'S SALE
Plaintiff, JPMorgan Chase Bank, National Association, by and through its attorneys, McCabe
Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale
scheduled for December 4,2013 and avers as follows:
1. Plaintiff filed a Writ of Execution,as well as the Affidavit required by Pa.R.C.P. 3129, in
order to list the property known as 220 Three Square Hollow Road, Newburg, PA 1 7240 for Sheriffs Sale
originally scheduled for September 4,2013.
2. Plaintiff has postponed the Sheriffs Sale to the fullest extent permitted without requesting
leave from the Court,and is now requesting that this Honorable Court allow the sale currently scheduled for
December 4,2013 to be postponed further until March 12,2014 as service of the Notice of Sale is pending
upon Defendant.
3. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing
the listing of real property for Sheriffs Sale.
4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to
Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale.
5. This case has never been assigned to a judge.
6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence
in the instant motion except by mail.
WHEREFORE,Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of
the property known as 220 Three Square Hollow Road, Newburg,PA 17240 to the March 12,2014 Sheriffs Sale
with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit
Pursuant to Pa.R.C.P.3129 being required,except for an announcement be made at the sale currently scheduled
for December 4,2013.
MCCABE,WEISBERG& CONWAY,P.C.
BY:
�i
[ ]TERRENCE J.McCABE,ESQUIRE [ jARC S.WEISBERG,E SQUIRE
[ ]EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO,ESQUIRE
[ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE
[ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAI IAM,ESQUIRE
[ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ,ESQUIRE
[ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLEY,ESQUIRE
[ ]CELINE P.DERKRIKORIAN,ESQUIRE
Attorneys for Plaintiff
Nathan ,olf. sq.
VERIFICATION
• The undersigned hereby certifies that he/she is the attorney for the Plaintiff in the within action and that
he/she is authorized to make this verification and that the foregoing facts based on the information from the
Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time,are true
and correct to the best of his/her knowledge,information and belief and further states that false statements herein
are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
MCCA.BE,,W770-6(A"EISBERG`&CONWAY,P.C.
BY: " l t., l
[ ]TERR NCE J.McCABE,ESQUIRE [ &l RC S.WEISBERG,ESQUIRE
[ ]EDWARD D.CON WAY,ESQUIRE [ ]MARGARET CAIRO; ESQUIRE
[ ]ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE
[ ]MARISA J.COHEN,ESQUIRE [ ]CHRISTINE L.GRAI IAM,ESQUIRE
[ ]BRiAN T.LAMANNA,ESQUIRE [ ]ANNE.SWAR'I'L ESQUIRE
[ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I::FOI.,EY,ESQUIRE
[ ]CELINE P.DERKRIKORIAN,ESQUIRE
Attorneys for Plaintiff
JPMorgan Chase Bank,National Association v:Robert C.Jones and Eineline H.Jones a/k/a;Eincline.Jones
Cumberland County;Nuinberr.10-7904
•
McCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff
BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496
MARC S.WEISBERG,ESQUIRE-ID#17616
•
EDWARD D.CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID#34419
•
ANDREW L.MARKOWITZ,ESQUIRE_ID#28009
HEIDI R.SPIVAK,ESQUIRE-ID#74770
MARISA J.'COHEN,ESQUIRE-Ill*87830
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480
-- - — BRI N'I':-LAMANNA;ESQUIRE--ID-#310321—___�.___.__._.....__
ANN E.SWARTZ,'ESQUIRE-ID#201926 �..._ __....
JOSEPH F.RIGA,ESQUIRE-ID#57716
•
JOSEPH I.FOLEY,ESQUIRE-ID#314675
CELINE P.DERKRIKO.R.IAN,ESQUIRE-ID#313673
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
215 790-1010
JPMorgan Chase Bank,National Association CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
v.
No. 10-7904-
Robert C.Jones and Emeline H.Jones a/k/a Emeline Jones
Defendants
MEMORANDUM OF LAW
Plaintiff requested that the Sheriffs Sale originally scheduled for September 4,2013 in this matter be continued for the legally
allowable time without requesting the postponement from the Court.
Plaintiff at this time requests that the Sheriffs Sale set for December 4,2013 be adjourned to March 12,2014 as service of the
Notice of Sale is pending upon Defendant.
Pursuant to Pa.R.C.P.3129.3,the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement ofnew notice.
WHEREFORE,Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 220 Three
Square Hollow Road,Newburg,PA 17240 be adjourned to the March 12,2014 Sheriffs Sale with no additional advertising of said Sale and
no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P.3129 being required,except that an announcement be
made at the sale currently scheduled for December 4,2013.
MCCABE,WEISBERG&CONW X,,P.C.
BY: l//r CiXA. Vj
[ ]TERRENCE J.McCABE,ESQUIRE [.- 4ARC S.WEISBERG,1 SQt11ltE
[ ]EDWARD D.CONWAY,ESQUIRE I ]MARGARET CAIRO..ESQUIRI:
[ ]ANDREW L;.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE
[ ]MARISA J.COHEN,'ESQUlRE [ ]CHRISTINE L.GRAHAM.ESQUIRE
[ ]BRIAN T.LAMANNA,ESQUIRE [ ]ANN E.SWARTZ.ESQUIRE
[ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLEY,ESQUIRE
[ ]CELINE P.DERKRIKORIAN,ESQUIRE
Attorneys for Plaintiff
N_ LI
athan .q.
MeCABE,WEISBERG&CONWAY,P.C. Attorneys for Plaintiff
BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496
MARC S.WEISBERG,ESQUIRE-ID/117616
EDWARD D.CONWAY,ESQUIRE -ID#34687
MARGARET GAIRO,ESQUIRE-ID#34419
ANDREW L.MARKOWITZ,ESQUIRE-ID1128009
HEIDI R.SPIVAK,ESQUIRE-ID#74770
MARISA J.COHEN,ESQUIRE-ID#87830
CHRISTINE L.GRAHAM;ESQUIRE-ID tt 309480
BRIAN T.LAMANNA,ESQUIRE-ID#310321
ANN E.SWARTZ,ESQUIRE-ID#201926
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I.FOLEY,ESQUIRE-ID#314675
CELINE P.DERKRIKORIAN,ESQUIRE-ID II 313673
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
(215 790-1010
JPMorgan Chase Bank,National Association CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLIAS
V.
No. 10-7904
Robert C.Jones and Emeline FL Jones a/k/a Emeline
Jones
Defendants
CERTIFICATION OF SERVICE
The undersigned attorney for Plaintiff,hereby certifies that I served a true and correct copy of the
t-V)
foregoing Motion To Postpone Sheriff's Sale,by United States Mail,first class,postage prepaid,on the r-s
day.of November,2013,upon the following:
Robert C.Jones
Emeline H.Jones a/k/a Emeline Jones
220 Three Sq Hallow Road
Newburg,PA, 17240
MCCABE,WEISBERG& CONWAY,P.C.
A
BY: / y
TERRENCE J.MCCABE,ESQUIRE [4ARC S. WEISBERG, ESQUIRE
•
[ 1 EDWARD D.CONWAY,ESQUIRE [ ]MARGARET GAIRO. I.:SQUIRE
[ 1 ANDREW L.MARKOWITZ,ESQUIRE [ ]HEIDI R.SPIVAK,ESQUIRE
[ ]MARISA J.COHEN,ESQUIRE [ CHRISTINE L.GRAHAM,ESQUIRE
[ I BRIAN T.LAMANNA,ESQUIRE [ 3 ANN E.SWARTZ,ESQUIRE
[ ]JOSEPH F.RIGA,ESQUIRE [ ]JOSEPH I.FOLEY,ESQUIRE
[ I CELINE P.DERKRIKORIAN,ESQUIRE
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE FOUGHT, CIVIL ACTION
Plaintiff
No.: 09-7904 Civil Term
v.
VALLEY COMMUNITY SERVICES, JURY TRIAL DEMANDED
Defendant
STATEMENT OF INTENTION TO PROCEED
To the Court:
Wayne Fought intends to proceed with the above captioned mater.
Printed Name: I`'rwv ,ic, e r k- Signed Name: (:A4'
Date: October 28, 2014 Attorney for: e6 Gl:t'v .
IMPORTANT NOTICE
In the event that this is a second or subsequent filing of a Statement of Intention to
Proceed, this matter will be referred to the President Judge for the purpose of conducting a
status conference involving all counsel. The goal of the status conference will be to set the
matter for trial or other final disposition within a time certain. Prior to the status
conference, Counsel will be expected to submit to the court, in writing, a proposed schedule
for the completion of discovery, the filing of dispositive motions and a report as to whether
alternative dispute resolution has been used or discussed.
CERTIFICATE OF SERVICE
I, FRANK P. CLARK, hereby certify that on October 28, 2014, I served a true and
correct copy of the STATEMENT OF INTENTION TO PROCEEED in the above -captioned
matter upon the below listed individual(s) by causing same to be deposited in the United States
mail, first class postage prepaid at Camp Hill, Cumberland County, Pennsylvania, addressed as
follows:
Frank J. Lavery, Jr., Esquire
LAVERY FAHERTY YOUNG & PATTERSON, P.C.
225 Market Street, Suite 304
PO Box 1245
Harrisburg PA 17108-1245
CLARK & KREVSKY, LLC
Dated: October 28, 2014 By:
Frank P. Clark
Attorney I.D. PA #35443
P.O. Box 1254
Camp Hill, PA 17001
(717) 731-8600
(717) 731-4764 (fax)
FPC@Clark-Krevskylaw.com
Attorney for Plaintiff