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HomeMy WebLinkAbout10-6244SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~p ~ ~! ~ ~'i~ ~-~~~~" ~ ~~~ p ~~~t~lx Ot 41!'1N~jC~~~h~ V~ i §kti ';: ;J I~: t~i`~(~~1'~i~~r Jody S Smith Chief Deputy ~' Richard W Stewart "~ solicitor c~~~E~~c~F r.,: s~~~tcF ~;1.i6'~i~~~L~/~~?~ Pv~fU~~~'`~' Christine A. Getz Case Number vs. 2010-6244 Berthold A. Wendeln SHERIFF'S RETURN OF SERVICE 09/30/2010 05:45 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1745 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Berthold A. Wendeln, by making known unto herself personally, 702 Charles Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. '". _,. NOAH CLINE, DEPUTY SHERIFF COST: $46.44 October 01, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;c7 CountySuite Sheriff, telecsoft. tnc. 0120664024.1-B06 LAW OFFICES OF TWANDA TURNER- HAWKINS ALLYN M. STARRY, ESQUIRE Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 CHRISTINE A. GETZ vs. BERTHOLD A. WENDELN TO THE CLERK: C C o ' co ATTORNEY FOR DEFENDANIM C -urn Berthold A. Wendeln caf- =cv Z c - -4 o-n ZC) z ca Qn v cn ?, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 10-6244 Civil ENTRY OF APPEARANCE Please enter my Appearance on behalf of Defendant, Berthold A. Wendeln in reference to the above captioned case. M. S'YARRY, I.SQUIRE Attorney for Defenda Berthold A. Wendeln I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by: (XXX) Regular First Class mail 0120664024.1-B06 LAW OFFICES OF TWANDA TURNER- HAWKINS ALLYN M. STARRY, ESQUIRE Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 CHRISTINE A. GETZ VS. BERTHOLD A. WENDELN C o O ''Z ATTORNEY FOR DEFENDANTxrn .° rn r= Berthold A. Wendeln car- ? m C5 -<z .c® © - =° Zo 0 3 -M COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 10-6244 Civil DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Berthold A. Wendeln, Demands a Jury Trial of twelve (12) in reference to the above captioned case. ALLYN M. X TARRY Attorney for Defendant Berthold A. Wendeln I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by: (XXX) Regular First Class mail 0120664024.1-BO6 LAW OFFICES OF TWANDA TURNER- HAWKINS ALLYN M. STARRY, ESQUIRE Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 CHRISTINE A. GETZ vs. BERTHOLD A. WENDELN C-) C A ca - ATTORNEY FOR DEFENDANTxm a rrnn- Berthold A. Wendeln max' ?n < -a' ?Q' w © a ° ?z to am ---r clt 2> COURT OF COMMON PLEAS h' -< OF CUMBERLAND COUNTY NO. 10-6244 Civil PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff, Christine A. Getz, to file a Civil Action within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. ALLYN M. STARR Attorney for Defendant Berthold A. Wendeln RULE TO FILE CIVIL ACTION AND NOW, this - day of ! "Vjj jG-? , 2010, a Rule is hereby granted upon Plaintiff to file a Civil Action within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. t PFcO OTA Y Our File No. 0120664024.1-1306 LAW OFFICES OF TWANDA TURNER- HAWKINS ALLYN M. STARRY Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 CHRISTINE A. GETZ VS. BERTHOLD ATTORNEY FOR DEFENDANT(S) Berthold A. Wendeln r ry i n r-- Ta ?.. C r-z <C) .0 Zf . COURT OF COMMON PLEAS ° :,, OF COUNTY C cis w? NO. 10-6244 CERTIFICATE OF SERVICE I, Kenneth S. O'Neill, Esquire, hereby certify that a time-stamped copy of the Rule to File Complaint was served December 10, 2010 by United States Mail, First Class, postage prepaid, upon: Karl F. Rominger, Esquire 155 South hanover Street Carlisle, PA 17013 KENNETH S. O NEILL Attorney for Defendant Berthold A. Wendeln CHRISTINE A. GETZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO: 10 - 6244 BERTHOLD A. WENDELN JURY TRIAL DEMANDED Defendant You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. , s= N ? Cumberland County Bar Association c, 32 South Bedford Street -r ? ? Carlisle, PA 17013 N Phone: (717) 249-3166 (800) 990-9108 ; AMERICANS WITH DISABILITIES ACT OF 1990 w n?- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. rn? r-- rn o© CD --n `D r?-t CHRISTINE A. GETZ Plaintiff V. BERTHOLD A. WENDELN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 10 - 6244 JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Christine A. Getz through her counsel, Karl E. Rominger, Esquire, and respectfully files the following Complaint, and in support thereof avers the following: 1. Plaintiff, Christine A. Getz, is an adult sui juris residing at 618 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant Berthold A. Wendeln, is an adult sui juris residing at 702 Charles Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On or about October 2, 2008, Plaintiff was a front seat passenger in an automobile traveling south on US Route 11 in Southampton Township, Cumberland County, Pennsylvania. 4. On or about the same time, Defendant Berthold A. Wendeln, operating his vehicle and driving north on US Route 11 in Southampton Township, Cumberland County, Pennsylvania. 5. The vehicle in which Plaintiff was a passenger was properly positioned in the southbound travel lane. 6. Defendant made a sudden left-hand turn into the path of the vehicle in which Plaintiff was a passenger. 7. Defendant had a duty to the Plaintiff and breached that duty. 8. Defendant was in exclusive possession and control of the vehicle he was driving. There were no other individuals in the Defendant's vehicle at the time. 9. There were no adverse weather, light, roadway surface or any other conditions existing at the time. 10. Entirely as a result of the Defendants' negligence, carelessness and recklessness, Plaintiff sustained serious injury to her left hand, aggravating a condition from which she was healing from prior surgery, and which is now, and continues to cause collateral pain radiating from her wrist, through her forearm and to her upper arm and shoulder. The injury continues to cause Plaintiff chronic pain and emotional discomfort; and will likely continue for an indefinite period of time, and which may be permanent. 11. Defendant was negligent in that: A. Defendant failed to yield to on-coming traffic and to exercise reasonable duty and care in the operation of the vehicle he was driving. B. Defendant drove his vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 12. Also entirely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be forced to expend monies for medicine and medical care in order to treat and help her injury. 13. Again, entirely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will for an indeterminate period of time, be forced to take time from work and use personal time in order to continue treatment for her injury. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in favor of the Plaintiff and against the Defendants, and award Plaintiff an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully submitted, Rominger & Associates Date: 2 1,96 1 1.72 2--? Karl. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241 -6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I, Christine A. Getz, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: -- Christine A. Getz, Plaintiff CHRISTINE A. GETZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO: 10 - 6244 BERTHOLD A. WENDELN JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I Karl E. Rominger, Esquire, certify that I this date served a copy of the within Complaint upon the following by depositing the same in the United States Mail, postage pre-paid, via first class mail, in Carlisle, Pennsylvania, addressed as follows: Allyn M. Starry, Esquire Law Offices of Twanda Turner-Hawkins Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, Pennsylvania 18195 Date: Respectfully submitted, Rominger & Associates Karl. Rominger, Esquire 15 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241 -6070 Supreme Court ID # 81924 Attorney for Plaintiff 0120664024.1 LAW OFFICES OF TWANDA TURNER-HAWKINS ALLYN M. STARRY, ESQ. Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 CHRISTINE A. GETZ V. BERTHOLD A. WENDELN ATTORNEY FOR DEFENDANT Berthold A. Wendeln c) M M MM E; CD 7 COURT OF COMMON PLEV; `'° OF CUMBERLAND COUN - NO. 10-6244 CERTIFICATE OF SERVICE TO THE CLERK: I, Allyn M. Starry, Esquire, hereby certify that a true and correct copy of Defendant's Interrogatories Addressed to Plaintiff, Christine A. Getz; Defendant's Request for Admissions Directed to Plaintiff, Christine A. Getz, with Accompanying Interrogatories; and, Defendant's Request for Production of Documents Directed to Plaintiff, Christine A. Getz, were served this date by United States Mail, First Class, postage prepaid, upon: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 ALLYN M. TARRY, E Attorney f Defendant Berthold A. Wendeln Dated: June 7, 2011 0120664024.1 LAW OFFICES OF TWANDA TURNER-HAWKINS ALLYN M. STARRY, ESQ. Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 CHRISTINE A. GETZ V. BERTHOLD A. WENDELN TO: Christine A. Getz, Plaintiff c/o Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 ATTORNEY FOR DEFENDANT Berthold A. Wendeln COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 10-6244 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT, BERTHOLD A. WENDELN, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEO€;OIA JUDGMENT MAY BE ENTERED AGAINST YOU. "? 3? to -i C?7 ALLYN M./STARRY, E Attorney f r Defendant Berthold A. Wendeln DATED: June 7, 2011 0120664024.1 LAW OFFICES OF TWANDA TURNER-HAWKINS ALLYN M. STARRY, ESQ. Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 ATTORNEY FOR DEFENDANT Berthold A. Wendeln CHRISTINE A. GETZ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. NO. 10-6244 BERTHOLD A. WENDELN DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Berthold A. Wendeln, by and through the undersigned counsel, answers the Plaintiff's Complaint as follows: ADMITTED. 2. ADMITTED. 3. DENIED. After reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s)' Complaint. Said averments are therefore denied. 4. ADMITTED. 5. DENIED. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs Complaint. Said averments are therefore denied. 6. DENIED pursuant to Pa.R.C.P. 1029(e). 7. DENIED. The averments contained in the corresponding paragraph of Plaintiff's Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. 8. ADMITTED. 9. ADMITTED in part DENIED in part. It is ADMITTED only that there were no adverse conditions to Defendant's knowledge; however, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether there were any adverse conditions existing at the time which were not immediately discoverable by Defendant. Said averments are therefore denied.. 10. DENIED. It is specifically denied that Answering Defendant was in any way negligent, reckless, or careless. To the contrary, Answering Defendant acted reasonably and with due care. The remainder of the averments contained in the corresponding paragraph of Plaintiff's Complaint are denied pursuant to Pa.R.C.P. 1029(e). 11. (A) and (B) DENIED pursuant to Pa.R.C.P. 1029(e). 12. DENIED. It is specifically denied that answering Defendant was in any way negligent, reckless, or careless. To the contrary, Answering Defendant acted reasonably and with due care. The remainder of the averments contained in the corresponding paragraph of Plaintiff's Complaint are denied pursuant to Pa.R.C.P. 1029(e). 13. DENIED. It is specifically denied that Answering Defendant was in any way negligent, reckless, or careless. To the contrary, Answering Defendant acted reasonably and with due care. The remainder of the averments contained in the corresponding paragraph of Plaintiff's Complaint are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Berthold A. Wendeln demands Judgment in his favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 14. Statute of Limitations All causes of action and/or claims asserted against Answering Defendant are barred by the applicable Statute of Limitations, including, but not limited to, the Act of July 9, 1976, P.L. 586, 42 Pa. C.S.A. Sec. 5524. 15. Financial Responsibility Law All causes of action and/or claims as set forth in all Civil Action(s)/Complaints(s) are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length. 16. Limited Tort-ACT 6 All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, including but not limited to the "limited tort" provisions of Section 1705, and in accordance with the "tort option" chosen and/or elected in the policy of insurance purportedly providing coverage for the accident in question. 17. Limited Tort-Uninsured Owner All causes of action and/or claims as set forth in all Civil Actions/Complaints are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length, as Plaintiff owned a currently registered private passenger motor vehicle for which he did not have financial responsibility at the time of the accident. Therefore, Plaintiff is deemed to have elected the limited tort option and is thus precluded from recovering against the Defendant. 18. Negligence of Third Party The injuries/damages allegedly suffered by the Plaintiff as set forth in the Civil Actions/Complaints were caused solely by the acts, conduct, negligence, carelessness, and/or recklessness of individuals and/or entities over whom Answering Defendant has no control, nor the right to control, nor the duty to control. WHEREFORE, Defendant, Berthold A. Wendeln demands Judgment in his favor and against all parties. ., Attorne for Defendant Berthold A. Wendeln VERIFICATION Allyn M. Starry, Esquire, states that she is the attorney for the within named Berthold A. Wendeln, and the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. ALLYN M. TA ESQ. Attorney fo Defendant Berthold A. Wendeln CERTIFICATE OF SERVICE I do hereby certify that on June 7, 2011 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. ALLYN M. qTARRY,VE Attorney fo Defendant Berthold A. Wendeln 1 CHRISTINE A. GETZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS YLVANIA V. CIVIL ACTION - LAW - NO: 10 - 6244 M' ti BERTHOLD A. WENDELN JURY TRIAL DEMANDED Defendant . „ fir *'.- t •'_I PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 14. Denied as a conclusion of law. To the extent an answer is required, Plaintiff avers the following: A. Plaintiffs original Complaint avers the date of the accident as October 2, 2008. B. Defendant admits to Paragraph 4 of Plaintiffs complaint which establishes that Defendant was operating his vehicle "on or about the same time" in proximity of the Plaintiff. C. Plaintiff filed Writ of Summons September 29, 2010. See attached Exhibit A. D. Writ of Summons was properly served upon the Defendant by the Cumberland County Sheriffs Department on September 30, 2010. See attached Exhibit B. E. Defendant filed Praecipe to File Complaint with Rule to File Civil Action on November 30, 2010 allowing twenty (20) days for Plaintiff to file her Complaint. See attached Exhibit C. F. Defendant did not affect service upon Plaintiff of the aforementioned Praecipe to File Complaint with Rule to File Civil Action until December 10, 2010. See attached Exhibit D. G. Plaintiff filed Complaint December 20, 2010. 15. Denied as a conclusion of law. No answer required. 16. Denied as a conclusion of law. No answer required. 17. Denied as a conclusion of law. No answer required. 18. Denied as a conclusion of law. No answer required. WHEREFORE, Plaintiff, Christine A. Getz, respectfully requests that this Honorable Court find in favor of the Plaintiff and against the Defendant, and award Plaintiff an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully submitted, Rominger & Associates Date: Karl . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 Phone: (717) 241 - 6070 Supreme Court ID: 81924 Attorney for Plaintiff CHRISTINE A. GETZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO: 10 - lpm&/ ?ayit Tiorrt BERTHOLD A. WENDELN JURY TRIAL DEMANDED Defendant o p z PRAECIPE FOR WRIT OF SUMMONS cn ? ov -? v To the Prothonotary: {° =C) z-n Please issue a Writ of Summons in the above captioned action. 5c= -4m i N Writ of Summons shall be issued and forwarded to the Cumberland County Shei4f s Officl. Date: *? 10 Respectfully submitted, Rominger & Associates Karl' gAominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241 -6070 Supreme Court ID # 81924 Attorney for Plaintiff To Above Named Defendants: Berthold A. Wendeln 702 Charles Street Shippensburg, PA 17257 WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. A &O?t L. &.0 Prothonotary Date: & O 9 Deputy #QA•aD PDA7?"y It CIP Iva" P110 a4sn100 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Shefff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?e??r et Ca?nberl,??. OFFICE OF THE SHERIFF Fi! EO-OFFICE OF TI -T,10THONOTARY 2010 CIN -4 AV, 9: 51 CUMBERLAND COUNTY PFI",i!SYLVANIA Christine A. Getz Cass Number vs. Berthold A. Wendeln 2010-6244 SHERIFF'S RETURN OF SERVICE 09130/2010 05:45 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on September 30, 2010 at 1745 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Berthold A. Wendeln, by making known unto herself personally, 702 Charles Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $46.44 October 01, 2010 \- tT SO ANSWERS, RON R ANDERSON, SHERIFF (C) CountySuite Snenff. T816030R. 111C. 0120664024.1-B06 LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR ALLYN M. STARRY, ESQUIRE Berthold A. Wende Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 --t CHRISTINE A. GETZ COURT OF COMMON PLEAS vs. OF CUMBERLAND COUNTY BERTHOLD A. WENDELN NO. 10-6244 Civil PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: N O o' t GO 0 w CJ rv C? n --i X-n .IIr o c=i D Please enter a Rule upon Plaintiff, Christine A. Getz, to file a Civil Action within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. ALLYN M. STARRY,. Attorney for Defendant Berthold A. Wendeln RULE TO FILE CIVIL ACTION AND NOW, this day of W"A46ar,, 2010, a Rule is hereby granted upon Plaintiff to file a Civil Action within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. P OT Y t %. cf( Our File No. 0120664024.1-B06 LAW OFFICES OF TWANDA TURNER- HAWKINS ALLYN M. STARRY Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 CHRISTINE A. GETZ vs. BERTHOLD ATTORNEY FOR DEFENDANT(S) Berthold A. Wendeln c o ° -v3 rneQ co rn rn ?r - v D ?Z w 4° ?A a. Q o COURT OF COMMON PLEAS zo ?=' OF COUNTY "b.? o rn -c co __0 NO. 10-6244 -< CERTIFICATE OF SERVICE I, Kenneth S. O'Neill, Esquire, hereby certify that a time-stamped copy of the Rule to File Complaint was served December 10, 2010 by United States Mail, First Class, postage prepaid, upon: Karl F. Rominger, Esquire 155 South hanover Street Carlisle, PA 17013 %? ` A KENNETH S. O'NEILL Attorney for Defendant Berthold A. Wendeln CHRISTINE A. GETZ Plaintiff V. BERTHOLD A. WENDELN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 10 - 6244 JURY TRIAL DEMANDED VERIFICATION I, Christine A. Getz, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: c r Christine A. Getz, Plaintiff CHRISTINE A. GETZ Plaintiff V. BERTHOLD A. WENDELN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 10 - 6244 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this date served a copy of the within document via United States Postal Service, pre-paid, First Class mail, in Carlisle, Pennsylvania, addressed as follows: Allyn M. Starry, Esquire Law Offices of Twanda Turner-Hawkins Iron Run Corporate Center 7535 Windsor Drive - Suite 101-B Allentown, PA 18195 Respectfully submitted, Rominger & Associates Date: Karl KY Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Phone: (717) 241 - 6070 Supreme Court ID: 81924 Attorney for Plaintiff 0120664024.1-B06 LAW OFFICES OF TWANDA TURNER-HAWKINS ALLYN M. STARRY Identification No. 89027 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5486 -'U i8ERLAND COUNTY PE"" NSYLVANIA CHRISTINE A. GETZ COURT OF COMMON PLEAS V. OF CUMBERLAND COUNTY . BERTHOLD A. WENDELN NO. 10-6244 CERTIFICATE OF SERVICE I, Allyn M. Starry, Esquire, hereby certify that a true and correct copy of the attached Deposition Notice directed to Christine A. Getz, was served this date by United States Mail, First Class, postage prepaid, upon: Karl Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 r I OTDONOTA'h ATTORNEY FOR DEFE_ 99 1T I 1, Berthold A. Wendeln Attorney for Defendant Berthold A. Wendeln Date: Thursday, October 06, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GETZ - ? Vs ? . ' NO. 10-6244 CPS7 r I CP WENDELN r -= . C CERTIFICATE v= LL PREREQUISITE TO SERVICE OF A SUBPOENA W PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 ALLYN M STARRY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/29/12 ALLYN M STARRY, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 610-517-9167 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Robyn Feudo MLR File #: M396810 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GETZ Vs. WENDELN I No. 10-6244 TO: KARL RAMINGER, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 subpoena. If no objection is made the subpoena may be served. Date: 02/08/12 ALLYN M STARRY, ESQUIRE 7535 WINDSOR DR SUITE 101-B ALLENTOWN, PA 18195 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Robyn Feudo Enc(s): Copy of subpoena(s) Counsel return card File #: M396810 r T MP C)P PERNSYLVAUNU OOiINTY OF GETZ VS. File No. WENDELN 11 V ncV 2 V 44 SUBPOENA TO PROWM DOCUMENTS OR TH 1 NGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: .SHIPPRwgRTiRG FAM PRAC_ (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: * * cFE mm T-TRn AnnRmum* * ------- at --- (Address) You may deliver or mail legible copies of the documents or produce things requested t:) this subpoena, together with . the certificate of ccxrr 1 i ance , to the party making to i 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 sere;ce, the party serving thin, subpoena iTay seek a court ordev- cxxnpe l l i ng you to comply with it. THIS SUBPOENA WAS ISSUED AT TI RECMST OF THE FOLLCW1NG PERSON: ALLYN STARRY, S NAME. ADDRESS : 7535 WINDSOR DR ALLENT PA 18195 TELEPHONE : SUPREME COURT ID ATTORNEY FOR: DATE : V;" Seal of the Court BY THE COURT:-, ,\ !l - la Prothonotary/Clerk, C 1 Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA GETZ Vs. No. 10-6244 WENDELN CUSTODIAN OF RECORDS FOR: SHIPPENSBURG FAMILY PRACT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CHRISTINE A GETZ ADDRESS: AKA CHRISTINE FLEMMING 618 E ORANGE ST DATE OF BIRTH: 04/25/53 SSAN: XXXXX1299 WITHIN THE LAST 10 YEARS. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or SHIPPENSBURG FAMILY PRACT CUMBERLAND M396810-01 * * * SIGN AND RETURN THIS PAGE 03tWNWFALTH OF PENNSYrLV_ANT-A aXJN 'Y OF (rLVE ERLAND GETZ 106:-44 VS. File No. WENDELN SUBPOENA TO PROMJCE DOCUMENTS OR THIMS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: _ rwAMRFR gRTTRC HOSP (Name of Person or Entity) "Ain twenty ? ? ?'i w+ o c.ty (zc?/2 1 days after service of i c,hiS Subpoena, you are ordered t,uy he court :.:. produce the following documents or things: * ---- * *- FE ATTAC'HRn ADDENDUM" at (Address) You may deliver or mail legible copies of the docLn-sents or produce things requester! t, th i r subpoena, together wi th the cert i f i cafe of c: cn p l i ance, to tie party iTiak i ng th i 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 th i :, subpoena inay seek a court orde;- cxnpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REt?ST OF THE FOLLOWING PERSON: ALLYN STARRY, ESQ NAI E AC)DRESS : 7535 WINDSOR DR ---- (215) 3 5-? 212 TELEPHONE: SUPREME COURT ID ATTORNEY FOR: BY?TH?E, COURT: Prothonotary/Clerk, Civil D•'vis.ion DATE: Seal of th Cour 7 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA GETZ Vs. No. 10-6244 WENDELN CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient record: physical therapy records, and any other information pertaining to: NAME: CHRISTINE A GETZ ADDRESS: AKA CHRISTINE FLEMMING 618 E ORANGE ST DATE OF BIRTH: 04/25/53 SSAN: XXXXX1299 WITHIN LAST 10 YEARS OF THE OUTPATIENT RECORDS. ALL FEES :MUST BE APPROVED PRIOR TO RECORDS BERG FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ) NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING { } X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CHAMBERSBURG HOSP CUMBERLAND M396810-02 * * * SIGN AND RETURN THIS PAGE eft- IT" PRAECIPE FOR LISTING CASE FOR TRIAL -r, _ rn;e D n C> Lin .7: -- ' --,..r __t-, t!)> L--' TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (---- • (Check one) ( x ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CHRISTINE A. GETZ : IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • CIVIL ACTION—LAW • NO: 10 - 6244 • BERTHOLD A. WENDELN • JURY TRIAL DEMANDED Defendant : ( x ) Civil Action -Law ( ) Appeal from Arbitration ( ) (Other) l list will be called on �9, ����g /6 n The ta i and 11/12/13 CO /6'Fe Trials commence on 12/9/13 ��O6 ��a Pretrials will be held on 11/27/13 /L 7 (Briefs are due 5 days before pretrials.) No. 10-6244 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Lee Mandarino, Esquire Indicate trial counsel for other parties if known: Allyn M. Starry, Esquire This case is ready for trial. Signed: Print Name: Lee M 163 darino Attorney for: Plaintiff Date: `p f ill CHRISTINE A. GETZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW BERTHOLD A. WENDELN, Defendant 10-6244 CIVIL TERM IN RE: CALL OF THE CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 12th day of November, 2013, this being the time and place set for the Call of the Civil Trial List, and no parties having appeared on behalf of the Plaintiff or Defendant, this matter is hereby stricken from the trial list . By the Court, Christ lee L. Peck, J- -'-' Lee Mandarino, Esquire , CD For the Plaintiff rr ;-" ----+F-� Cj" ra„ ._.. Allyn M. Starry, Esquire � r, For the Defendant Af...= e Y113 Prothonotary Ct . Admin. pcb v X'-V PRAECIPE FOR LISTING CASE FOR TRIAL rnc w o z r7; TO THE PROTHONOTARY OF CUMBERLAND COUNTY ,�. w ' Please list the following case: (Check one) ( x) for JURY trial at the next term of civil court. ( ) for trial without a jury. CHRISTINE A. GETZ • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • • v. • CIVIL ACTION—LAW • NO: 10 - 6244 • • BERTHOLD A. WENDELN • JURY TRIAL DEMANDED • Defendant ( x) Civil Action- Law ( ) Appeal from Arbitration ( ) (Other) The trial list will be called on and 1/7/14 Trials commence on 2/3/14 Pretrials will be held on 1/22/14_(Briefs are due 5 days before pretrials.) No. 10-6244 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Lee Mandarino, Esquire Indicate trial counsel for other parties if known: Allyn M. Starry, Esquire This case is ready for trial. Signed: o Print Name: Lee Mandarino Attorney for: Plaintiff Date: 1 l 13 TM. 2C#91 r 4,4ry, /1 -9 r -( � J #7 CHRISTINE A. GETZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v C CIVIL ACTION - LAW 10-6244 CIVIL TERM ' r ' 2 r�. BERTHOLD A. WENDELN, Defendant JURY JURY TRIAL DEMANDED D C) IN RE: PRETRIAL CONFERENCE ORDER OF COURT -C ry =" AND NOW, this 22nd day of January, 2014 , a pretrial conference was held in the jury deliberation room of Courtroom Number 6 . Present on behalf of Plaintiff was Karl E. Rominger, Esquire. Defense counsel was not present, however, a call was made to Allyn M. Starry, Esquire, by the court secretary and indication was made that no notice was received from the Court Administrator. This is a motor vehicle tort action arising out of an automobile incident occurring on 2 October 2008 . Damages requested in this case are in the amount of $65, 000 and include compensation for injuries suffered by Plaintiff . This will be a jury trial in which each side will have 4 peremptory challenges, for a total of 8 . The estimated trial length based on Plaintiff ' s pretrial memorandum is 1 day. It is noted that no pretrial memorandum was received from Defendant. The Court is cognizant, based on a review of the file, that there may be some scheduling concerns with respect to counsel and they are advised to contact the Court Administrator to discuss those concerns . An initial day of trial is presently set for 3 February 2014 . To the extent that any deposition testimony is to be shown or read to the jury and contains objections requiring r rulings by the trial judge, counsel are directed to supply to the Court at least 5 days prior to the commencement of trial copies of the affected transcripts with the areas of objections being pursued highlighted and with a brief memoranda in support of their respective positions on objections . There does not otherwise appear to be any other outstanding motions or issues now known to the Court. It is noted that a continuance for Defendant will only be granted upon the concurrence of Plaintiff . By the Court, Thomas A. Placey C. P.J. ,/ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 For Plaintiff �lyn M. Starry, Esquire Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 For Defendant Court Administrator :mae