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Home My WebLink About12-39921 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA f N ? ?j' i' r + 41.11 l"I., 25 P11 2: 4 CIVIL DIVISION Plaintiff(s) & Address(es) JENNIFER L. MOTTERN 370 MAPLE LANE CARLISLE, PA 17015 Case No. ?OC J 99A-Civil Term VS. Civil Action - Law Defendant(s) & Address(es) ROBERT B. HETRICK 1189 GREENSPRING RD. NEWVILLE, PA 17241 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Date : 6/21/12 Print Name: Karl. Januzzi, Esquire Address: 222,6 Millennium Way ".1"iBERLAND COUNT PENNSYLVANIA Enola, PA 17025 TO: ROBERT B. HETRICK • • • • • WRIT OF SUMMONS Telephone #: 717-728-3200 Supreme Court ID Number: 65575 a NS1bT. "T5PA nl4ti YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASIHAVE COMMENCED AN ACTION AGAINST YOU. ldoe;o? C Prothonotary/Clerk, Civil Division Date: a 5 Deputy SHOLLENBERGER & JANUZZI, LLP Qf 70 fFtC7ARY 1812 JUL 26 PM 3: 41 v'0ftACTY 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JENNIFER MOTTERN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT B. HETRICK, Defendant To the Prothonotary: NO. 12-3992 CIVIL ACTION - LAW JURY TRIAL DEMANDED Please reissue the Writ of Summons filed against the Defendant in the matter. Dated: July 24, 2012 Respectfully submitted, SHOLLENBER R & JANUZZI, LLP By: Karl : Ja i, tVquire I.75?d a? ?8511 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r: _ l Sheriff g????tv of 4tr?nbr j h i ?" PRO I ati v i .. , Jody S Smith Chief Deputy Cs..< ,. f ? 12 AUG ` 7 AM 9 : ft i 02 A,,F-1 .? Richard W Stewart C.UMBERL NU C JiHTY Solicitor crFlcE s» RIFF PENNSYUVAN1A Jennifer L. Mottern Case Number vs. Robert B. Hetrick 2012-3992 SHERIFF'S RETURN OF SERVICE 08/01/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert B. Hetrick, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Robert B. Hetrick. Request for service at 1189 Greenspring Road, Newville, Pennsylvania 17241 the Defendant was not found. Susan Hetrick advised Deputies Robert B. Hetrick is thought to be residing at Beecher Drive, Carlisle, Pennsylvania. However, to date The Newville Postmaster has been unable to provide good forwarding address for the Defendant. SHERIFF COST: $37.95 SO ANSWERS, August 01, 2012 RON R ANDERSON, SHERIFF {c CountySote Shenff, "releosoft. In IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) ` JENNIFER L. MOTTERN r 370 MAPLE LANE F` .; CARLISLE, PA 17015` Case No. Civil Tole-, VS. = Civil Action-- Law C; Defendant(s) & Address(es) ROBERT B. HETRICK 1189 GREENSPRING RD. NEWVILLE, PA 17241 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Date : 6/21/12 Print Name: Karl . Januzzi, Esquire Address: 22 Millennium Way Enola, PA 17025 Telephone #: 717-728-3200 Supreme Court ID Number: 65575 TO: ROBERT B. HETRICK • • • • • WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HA COMMENCED AN ACTION AGAINST YOU. Prothonotarv/Clerk. Civil Division Date: - Deputy TRUE COPY FROM RECC In Testimony vrtterad, I here u to set end the of sold at CWNSle. This day ci Clcw 1?ro? taw+d la? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JENNIFER L. MOTTERN, Plaintiff v. ROBERT B. HETRICK, Defendant .. t ~ `~.. ,. „~kr`1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3992 CIVIL ACTION -LAW JURY TRIAL DEMANDED _ NOTICE Y'OU 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 da so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 A~T ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE 'YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 6 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JENNIFER L. MOTTERN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT B. HETRICK, Defendant NO. 12-3992 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) digs 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 come 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 tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes pars usted. LE:VE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 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 PARR AVERIGUAR DONDE SE PUEDE (:,ONSEGUIR ASISTENCIA LEGAL.. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 7 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JENNIFER L. MOTTERN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT B. HETRICK, Defendant NO. 12-3992 CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, JENNIFER L. MOTTF_RN, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiff, JENNIFER L. MOTTERN, is an adult individual who currently resides .at 370 Maple Lane, Carlisle, Pennsylvania 17015. 2. The Defendant, ROBERT B. HETRICK, is an adult individual whose last known address is 'I 189 Greenspring Road, Newville, Pennsylvania 17241. 3 The facts and circumstances hereinafter set forth took place on July 9, 2010, at or about 7:35 P.M., on State Route 11 (Carlisle Pike) at or' near its intersection with Brondle Boulevard„ Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, JENNIFER L. MOT~TERN, was a rear-seat passenger in a 2002 Subaru Outback owned and operated by her mother, Wanda M. King, bearing Pennsylvania registration plate number 3WANDA. 1 c~. At the aforesaid time and place, the vehicle in which Plaintiff was riding was stopped for a traffic light in the right eastbound lane of State Route 11 (Carlisle Pike) at its intersection with Brondle Boulevard. 6. At the aforesaid time and place, Defendant, ROBERT B. HETRICK, was the owner and operator of a 1994 Chevrolet Prizm bearing Pennsylvania registration plate number GRA2827. 7. At the aforesaid time and place, Defendant was traveling in the right eastbound lane of State Route 11 (Carlisle Pike), directly behind the vehicle in which Plaintiff was riding. 8 At the aforesaid time and place, Defendant, ROBE=RT B. HETRICK, failed to notice that traffic h;ad come to a stop in front of him and rear-ended the vehicle in which Plaintiff was riding. 9. As a result of the aforesaid incident, Plaintiff, JENNIFER L. MOTTERN, has suffered serious and permanent injuries, including but not limited to the following: (a) Tear of medial meniscus of right knee; (b) Osteochondral defect of trochlear groove of femur of right knee; (c) Grade I and Grade II changes of chondromalacia of trochlear groove of femur of right knee; (d) Internal derangement of right knee; (e) chondromalacia patellofemoral joint of right knee; (f) Right knee injury; (g) Fibromyalgia; 2 (h) severe shock to nerves and nervous system; (i) mental and physical anguish. 10. The aforesaid collision was a direct and proximate result of the negligence of Defendant, ROBERT B. HETRICK, in operating the 1994 Chevrolet Prizm in a careless, reckless and negligent manner as follows: a) Driving at a speed greater than was reasonable and prudent under the conditions and having no regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him to bring his vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; b) Driving his motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of The PA Motor Vehicle Code; c) Following another vehicle mare closely than was reasonable and prudent, given the speed of the vehicles and the traffic upon and condition of the highway in violation of §3310(a) of The PA Motor Vehicle Code; (d) In failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; (e) In failing to have the vehicle under proper and adequate control; (f) In failing to apply the brakes in time to avoid the collision; (g) In permitting or allowing the vehicle to strike and collide with the rear of the vehicle in which plaintiff was riding; (h) In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead. 11. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing canduct of the Defendant, ROBERT B. HETRICK, asset forth above and 3 was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, JENNIFER L. MOTTERN. 12. As a direct and proximate result of the aforesaid injuries, Plaintiff, JENNIFER L. MOT"FERN, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 13 Asa further result of the aforesaid injuries, Plaintiff, JENNIFER L. MOTTERN, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, JENNIFER L. MOTTERN, has suffered and may continue to suffer a loss of Earning capacity for which damages are claimed. 1,`i. As a further result of the aforesaid injuries, Plaintiff, JENNIFER L. MOTTERN, has sustained scarring and disfigurement for which damages are claimed. 1Ei. As a further result of the aforesaid injuries, Plaintiff, JENNIFER L. MOTTERN, has sustained a permanent diminution in her abiNity to enjoy life and life's pleasures for which damages are claimed. 17'. As a further result of this collision, Plaintiff, JENNIFER L. MOTTERN, has and/or may incur reasonable and necessary medicaN and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, ~or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. Plaintiff, JENNIFER L. MOTTERN, sustained a serious injury in this collision which has caused her a serious impairment of body function. Therefore, Plaintiff, JENNIFER L. MOTTERN, remains eligible to claim compensation for non ecanomic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, JENNIFER L. MOT~TERN, demands judgmentagainstthe Defendant, ROBERT B. HETRICK, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBER~ER ~K JANUZZI, LLP By: Karl J J~n~zi., Esquire Att ey I.D. No. 65575 22 5 Millennium Way Enola, PA 17025 717-728-3200 Dated: October J~ , 2012 5 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JENNIFER L. MOTTERN, Plaintiff v. ROBERT B. HETRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3992 CIViL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ~ ~--day of October, 2012, I hereby certify that I have served a true and correct copy of Plaintiff's Complaint by United States mail, postage prepaid, addressed to: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 1 %601 SHOLLEI)I$ERGER & JANUZZI, LLP By: I J. anuzzi, Esquire s ,, . _ _ 0lGINAL It~iit~,1 ~1 ~... ..~' 1F`~~3~i~J~l~._4jr~s~~~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JENNIFER L. MOTTERN, Plaintiff NO. 12-3992 v. ROBERT B. HETRICK, JURY TRIAL DEMANDED Defendant ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1. Denied for lack of information. The Plaintiff is not personally known to Answering Defendant and, accordingly, this paragraph can neither be admitted or denied. 2. Admitted. 3-5. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). 6. Admitted. 7-18. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 19. Paragraphs 1 through 18 inclusive above are incorporated herein by reference and made a part hereof. 20. Plaintiff's recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby asserts atl of the rights and defenses available to him under the aforementioned act. 21. Plaintiff's claims are barred andlor limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 22. Plaintiff's claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 23. Plaintiff's claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 24. Plaintiff's claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendant respectfully demands judgment in his favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: / 1 1 2 BY: George H. Eage , Attorney for D dar I.D. No. 2774 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, ROBERT B. HETRICK, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answer with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answer with New Matter to the Complaint are based upon an understanding or application of law, 1 have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. ROBE B. HETRICK Dated: ~'I -l Y ~ f "~- CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Karl J. Januzzi, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 EAGER, STENGEL, QUINN & SOFILKA DATE: / 2.- BY: George H. Eager uire Attorney for Def ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ~! ..rt, ~, gC^,r-' nn ~~w ~ts~ CGi~~~~#~ ~-~t, ~ ~ a~f S ~~'L.i;'~ ~~',~> O~OGIIVAI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JENNIFER L. MOTTERN, Plaintiff v. ROBERT B. HETRICK, Defendant NO. 12-3992 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Karl J. Januzzi, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 DATE: I1 ilo 12 _ EAGER, STENGEL, QUINN & SOFILKA ~/? BY: `~'(. George H. Eager, E uire Attorney for Defe nt I . D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 `1 f, ~ i s,_f:,3 G~?IGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JENNIFER L. MOTTERN, Plaintiff v. ROBERT B. HETRICK, Defendant NO. 12-3992 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents -Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Karl J. Januzzi, Esquire Shollenberger & Januzzi 2225 Millenium Way Enola, PA 17025 DATE: ~ t ~ l In B I Z EAGER, STENGEL, QUINN & SOFILKA BY: ~-' George H. Eager uire Attorney for De dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JENNIFER L. MOTTERN, Plaintiff v. ROBERT B. HETRICK, Defendant ,~'~ r..7 ,- <r:~ t ~ ~ .-~ i _:_. - --~ ~ ~ f- J ~_y -~ ~ _- ~~ ~_~ ~ 1 ~ Vr~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN NSYLVANIA NO. 12-3992 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTfFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, JENNIFER L. MOTTERN, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the New Matter of Defendant, Robert B. Hetrick, as follows: 19. No answer required. 20-24. The averments set forth in paragraphs 20-24 are conclusions of law which require no responsive pleading. By way of further answer, the averments set forth in paragraphs 20-24 of the Defendant's New Matter are hereby denied. WHEREFORE, Plaintiff, JENNIFER L. MOTTERN, respectfully requests Your Honorable Court strike the New Matter of Defendant, ROBERT B. HETRICK and enter judgment in her favor. Respectfully submitted, SHOLLENBE~1~2 & JANUZZI, LLP By: Karl J. nuzzi, Esquire Attorn I.D. No. 65575 2225 Millennium Way Enola, PA 17025 717-728-3200 Dated: ~~' ~ a~, ~Jly SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JENNIFER L. MOTTERN, Plaintiff v. ROBERT B. HETRICK, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JO. 12-3992 ;IVIL ACTION -LAW IURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ~ day of November, 2012, I hereby certify that I have served a true and correct copy of Plaintiff's Answer to Defendant's New Matter by United States mail, postage prepaid, addressed to: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster, PA 17601 SHOLLENBERGER & JANUZZI, LLP By: K . Januzzi, Esquire 111111111111111•\ a L[eziEuili IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA1N14,,, CIVIL ACTION - LAW 57-' --I JENNIFER L. MOTTERN, r i ."•-7-: -•;"-- Zr-- V> NO. 12-3992 -< r-_.... ..—... '''- - --.---, V. .. CD -r_D - (-1' ROBERT B. HETRICK,P Plaintiff ND laintiJURY TRIAL DEMANDED -..,- --i Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 0(0)1q )1 (4 1111, George H. Eager, E-.quire / Attorney for Defe 'rant I.D. No. 27740 / 1347 Fruitville ?•ike Lancaster, PA 17601 (717) 290-7971 111.11.1.1.11k. PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Jennifer L. Mottern, Plaintiff Court of Common Pleas vs. Robert B. Hetrick, Defendant NO. 12-3992 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Arlington Orthopedics All available ,. . . . TO: Karl J. Januzzi, Esquire , note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Litigation Solutions, LLC on Date of Issue: 5/16/2014 behalf of: CC: George H. Eager,.Esquire of Eager, Stengel, Quinn&Sofilka -,Court-of • George H. Eager, Esquire Common Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre • 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 , MUM& COUNSEL LISTING FOR JENNIFER L. MOTTERN, PLAINTIFF VS. ROBERT B. HETRICK, DEFENDANT County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Januzzi, Esquire, Karl 2225 Millennium Way Enola PA 17025 P: 717-728-3200 F: Opposing J. 717-728-3400 Counsel • • i F • . COVaiONWEALTFL OF PENNSYLVANIA COUNTY OF CUMBERLAND Jennifer L. Mottern, Plaintiff Pile No. NO. 12-3992 VS. Robert B. Hetrick, Defendant SUBPOENA.TO PRODUCE DOCUMENTS OR TRIGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Arlington Orthopedics (Name of P erson or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh,.,_FA.i.I5 (Address) __.. You may deliver or mail Iegible 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 7,17- ._. above. You have the right to seek in advance the reasonable cost of preparing the copies or producing trig' things sought. If'you fail to produce the documents or things-required by this subpoena within twenty(20)days earls service,the party nerving this subpoena may seek a court order compelling you to comply with it • TEM SUBPOENA WAS ISSUED AT TLS REQUEST OF THE FOLLOWING PERSON: • • NAME: (7anrga H FagPr Rcr;iii ra ADDRESS: 134 T anr•ac}ar Pa 17FN TELEPHONE: 717 290 7971 SUPREME COURT ID# 9,71Q ATTOR.NEYFOR: fPfpn1P BY THE COUR : • • Prothonotary,Civil.Division .s Date: 13 t Seal of the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Arlington Orthopedics 805 Sir Thomas Court Suite 3 Harrisburg PA 17109 Attention: Records Department Subject: Mottern, Jennifer SS#: 1029 Date of Birth: 08/03/1982 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 3/1/2013 to present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Karl J. Januzzi, Esquire Shollenberger& Januzzi 2225 Millenium Way Enola, PA 17025 EAGER, STENGEL, QUINN & SOFILKA DATE: 0(0)14(4)/y BY: George H. Eager, •:quire Attorney for Defe;dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971