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HomeMy WebLinkAbout13-0740} ~R~ r~`i,l~ } ii SCHMIDT KRAMER PC u~~ i };~' }'~~ T~~rF~,l~ r~,~ti ; By: Scott B. Cooper, Esquire r ~~ ~ ^. I.D. No. 70242 c"" ~ FAG ~ ~ ~~ I P ~ )'~ 209 State Street ~,,~.~~~~~,} w}~ J ~~}Jf~~ s' Harrisburg, Pa 17101 ~r !~,~ ~~ LVA ~~ f ~ (717) 232-6300 (717) 232-6467 Fax scooper@schmidtkramer.com Attorney for Plaintiff FAITH DAVENPORT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. LAUREN STAHL JURY T IAL DEMANDED Defendant NO. ),1j~- 7~/~ ~'~-~ j 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 defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ~~ ~03 7~~ ~.~ ~' ~~~~ ~# ~~(~~1 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 SCHMIDT KR.AMER PC By: Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax scooper@schmidtkramer.com Attorney for Plaintiff FAITH DAVENPORT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. LAUREN STAHL Defendant JURY TRIAL DEMANDED NO. COMPLAINT AND NOW, comes the Plaintiff, Faith Davenport, by and through her attorneys, Scott B. Cooper and Schmidt Kramer PC, and avers the following: 1. Plaintiff is an adult individual with an address of 2537 Green Street # A, Harrisburg, Pennsylvania 17110. 2. Defendant, Lauren Stahl, is an adult individual with the last known address of 611 Haldeman Boulevard, New Cumberland, Pennsylvania 17070. OPERATIVE FACTS 3. The facts and occurrences that gave rise to this cause of action took place on March 29, 2011 at approximately 2:30 p.m. at the I- 83 entrance ramp at New Cumberland, Cumberland County, Pennsylvania. 4. At all relevant times hereto, Plaintiff, Faith Davenport, was a passenger in a 1995 Nissan Maxima, owned and operated by Sandra Riley, registered in the Commonwealth of Pennsylvania. 5. At all relevant times hereto, Defendant, Lauren Stahl, was the operator of a 1993 Honda Civic owned by Brian Stahl, and registered in the Commonwealth of Pennsylvania. 6. At all relevant times hereto, Michael Routsong, was the owner and operator of a 2010 Honda CRV, who was involved in the accident, but not a party to this action 7. At the aforementioned time and place, Ms. Riley was waiting to merge from New Cumberland onto the I-83 northbound ramp with Plaintiff as a rear passenger. 8. At the aforementioned time and place, Defendant was operating her vehicle attempting to merge onto the same ramp directly behind the Routsong vehicle which was directly behind the vehicle in which Plaintiff was a passenger. 9. As Defendant was attempting to merge, she struck the rear of the vehicle driven by Mr. Routsong with such force that it was pushed into the rear of Ms. Riley's vehicle in which Plaintiff was a passenger. 2 COUNT I FAITH DAVENPORT V. LAUREN STAHL NEGLIGENCE 10. Paragraphs 1 through 9 are incorporated herein as if set forth in full. 11. The accident at issue was caused solely by the negligence, carelessness and recklessness of the Defendant as set forth below and was in no way caused or contributed to by the Plaintiff. 12. Defendant's negligence, carelessness and recklessness consisted of the following: a. Operation of a vehicle at a speed unsafe for existing traffic conditions; b. Failure to maintain proper and adequate control of a vehicle so as to avoid causing the collision with Plaintiff's vehicle; c. Failure to observe that which was clearly visible, Plaintiff s vehicle; d. Failure to make proper and safe visual inspections of other drivers lawfully operating their vehicles on the roadway; e. Failure to stop her vehicle within the assured clear distance ahead; f. Failure to yield to traffic while merging and/or changing lanes; g. Operation of a vehicle so as to create a dangerous situation for other vehicles on the roadway; 3 h. Failure to operate a vehicle in accordance with existing traffic conditions; i. Reckless and careless operation of a motor vehicle; and j . Failure to abide by the motor vehicle laws of the Commonwealth of Pennsylvania. 13. As a sole result of Defendant's negligence, Plaintiff may have suffered injuries which may be permanent, including, but not limited to the following: a. Herniated discs at C2-C3 of the cervical spine; b. Herniated discs at C4-C5 of the cervical spine; c. Broad based bulge at CS-C6 of the cervical spine; d. Broad based bulge at C6-C7 of the cervical spine; e. Surgical fusion at C4 through C7 of the cervical spine; f. Insertion of metallic hardware in the cervical spine; g. Lower back pain; h. Right shoulder pain; and i. Radiculopathy of the right shoulder. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff has been advised and, therefore avers, that the aforementioned injuries are/were serious and may be permanent in nature and effect and, thus, a claim for these injuries is made. 4 15. As a direct and proximate result of the accident, Plaintiff may have incurred medical expenses for the injuries she has sustained, and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff may have suffered a loss of wages and may have suffered an impairment of her future earning power and capacity, and thus, a claim for these losses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff has undergone in the past and may continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff may have suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 19. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff may have suffered special or general damages, which may be revealed during discovery, and thus, a claim for these losses is made. 5 WHEREFORE, Plaintiff, Faith Davenport, respectfully requests your Honorable Court grant judgment in her favor and against the Defendant, Lauren Stahl, in an amount in excess of the amount requiring compulsory arbitration. Respectfully Submitted, SCHMID ER, PC .~° By: Scott B. Cooper I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 ( fl scooper@schmidtkramer. com Date: ~ ~2/~-,~~`3 Attorney for Plaintiff 6 VERIFICATION I, Faith Davenport, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. I have read the Complaint, and to the extent it is based upon information which I have given to counsel, is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsifications made to authorities. DATE: ~ t ~,~,.~, ~L FAITH DAVE PORT uF THE PR0TH0N0TrVF,'1` 7013 MAR 18 PM 3= 01 JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: wade D. Manley, Esquire CUMBERLAND COUNTY I.D. No. 87244 PENNSYLVANIA 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm@jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant, Lauren Stahl, in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: h) 1 Wade D. Ma iey, Esquire Attorney I.D. No. 87244 30jr Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: March �� , 2013 Counsel for Defendant, Lauren Stahl 536018 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March /S , 2013: Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: AM Wade D. Manley, tsquire f:� #t nt FAITH DAVENPORT, n13 APR AM 11� 56 "4 THE COURT OF COMMON PLEAS OF Plaintiff MBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED STIPULATION IT IS HEREBY stipulated and agreed by and between Scott Cooper, Esquire, counsel for the Plaintiff, and Wade D. Manley, Esquire, counsel for the Defendant that: 1. Plaintiff withdraws from her Complaint all allegations that the Defendant acted in a reckless manner, specifically the allegations of reckless conduct in Paragraphs 11, 12 and 12(i). 2. Plaintiff also agrees to strike Paragraph 12 Q). 3. This Stipulation will be presented to the Court for approval. Respectfully submitted: SCHMIDT KRAMER, P.C. JOHNSON, DUFFIE, STEWART &WEIDNER By: By; Sc6ft Cooper, Esquire Wade D. M nley, Esquire Attorney I.D. No. 70242 Attorney I.D. No. 87244 209 State Street 301 Market Street, P.O. Box 109 Harrisburg, PA 17101 Lemoyne, PA 17043-0109 Attorneys for Plaintiff Attorneys for Defendant 547921 22740-3083 CERTIFICATE OF SERVICE AND NOW, this day of U*ch, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: /V r "1 Wade D. Nfanley i � L R)o AM ►t: Ss JOHNSON,DUFFIE,STEWART&WEIDNER , Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 7,995 WNW 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: FAITH DAVENPORT, Plaintiff c/o Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART &WEIDNER By: 6 lky Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: April 3, 2013 JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Lauren Stahl, by and through her attorneys, Johnson, Duffie, Stewart and Weidner, and files the following Answer to the Plaintiff's Complaint including New Matter, and in support thereof avers as follows; 1. DENIED. After reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, the averments are specifically denied and strict proof thereof is demanded. 2. ADMITTED. 3. ADMITTED. 4. DENIED. After reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, the averments are specifically denied and strict proof thereof is demanded. 2 5. ADMITTED. 6. DENIED. After reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, the averments are specifically denied and strict proof thereof is demanded. 7. DENIED. After reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, the averments are specifically denied and strict proof thereof is demanded. 8. ADMITTED. 9. DENIED. After reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, the averments are specifically denied and strict proof thereof is demanded. COUNT I — NEGLIGENCE FAITH DAVENPORT v. LAUREN STAHL 10. The Defendant incorporated her responses to paragraphs 1-9 as though fully set forth at length herein. 11. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is determined that a response is required, the averments contained herein are specifically denied and strict proof thereof is demanded. By way of further answer, the parties have entered a Stipulation striking the allegations of reckless conduct from the Plaintiff's Complaint. 12. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. By way of further answer, the parties have entered a Stipulation striking the allegations of reckless 3 conduct from the Plaintiff's Complaint. It is further denied that the Defendant was negligent or careless in the following manner: (a) DENIED. It is denied that Defendant failed to operate her vehicle at an unsafe speed for existing traffic conditions; (b) DENIED. It is denied that Defendant failed to maintain proper and adequate control of a vehicle so as to avoid the collision with Plaintiff's vehicle; (c) DENIED. It is denied that Defendant failed to observe that which was clearly visible, Plaintiff's vehicle; (d) DENIED. It is denied that Defendant failed to make proper and safe visual inspections of other drivers lawfully operating their vehicles on the roadway; (e) DENIED. It is denied that Defendant failed to stop her vehicle within the assured clear distance ahead; (f) DENIED. It is denied that Defendant failed to yield to traffic while merging and/or changing lanes; (g) DENIED. It is denied that Defendant operated a vehicle so as to create a dangerous situation for other vehicles on the roadway; (h) DENIED. It is denied that Defendant failed to operate a vehicle in accordance with existing traffic conditions; (i) DENIED. It is denied that Defendant operated a motor vehicle carelessly. By way of further answer, the parties have entered a Stipulation striking the allegations of reckless conduct from the Plaintiff's Complaint; and Q) The parties have entered a Stipulation striking this paragraph from the Plaintiff's Complaint. 4 13. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is determined that a response is required, the averments contained herein are specifically denied and strict proof thereof is demanded. 14. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is determined that a response is required, the averments contained herein are specifically denied and strict proof thereof is demanded. 15. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is determined that a response is required, the averments contained herein are specifically denied and strict proof thereof is demanded. 16. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is determined that a response is required, the averments contained herein are specifically denied and strict proof thereof is demanded. 17. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is determined that a response is required, the averments contained herein are specifically denied and strict proof thereof is demanded. 18. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is determined that a response is required, the averments contained herein are specifically denied and strict proof thereof is demanded. 19. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is determined that a response is required, the averments contained herein are specifically denied and strict proof thereof is demanded. WHEREFORE, the Defendant, Lauren Stahl, respectfully requests that Plaintiff's Complaint be dismissed with prejudice and judgment entered in the Defendant's favor. 5 NEW MATTER By way of additional answer and reply, the Defendant raises the following New Matter: 20. Some or all of the Plaintiffs claims are barred by the applicable statute of limitations. 21. Some or all of the Plaintiff's claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C. S.A. §1701, et seq., and especially by §1722 of that law. 22. Discovery may reveal that the Plaintiff has failed to mitigate their damages. 23. Discovery may reveal that some or all of the Plaintiff's alleged injuries, conditions or damages preexisted the date of the alleged accident and were not caused or aggravated by this accident. 24. Discovery may reveal that some or all of the Plaintiff's alleged injuries, conditions or damages were caused by events that occurred subsequent to this accident. 25. To the extent that the Plaintiffs have been or will be paid some or all of its damages, then the claims for those damages are barred both by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and the defense of payment generally. 26. Plaintiff has failed to state a cause of action upon which relief of any kind can be granted. 27. The Plaintiff's alleged cause of action is barred in whole in part by the doctrines of comparative negligence and/or contributory negligence, as may be applied to the facts disclosed during discovery. 28. The mechanism of the Plaintiff's alleged injuries are under the care, custody and control of persons or entities other than the Defendant. 6 29, The mechanism of the Plaintiff's alleged injuries are under the care, custody and control of persons or entities other than the Defendant, such as persons including, but not limited to, the Plaintiff or the Plaintiff's insured. 30. The alleged damages claimed by the Plaintiff were created and/or caused by individuals under circumstances over whom the Defendant had no control or right to control. 31. The sudden and unexpected conditions at the time of the accident may have created an emergency for drivers, including the Defendant. WHEREFORE, the Defendant, Lauren Stahl, respectfully requests that Plaintiffs Complaint be dismissed with prejudice and judgment entered in the Defendant's favor, Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER By: #nl ! Wade D. Ma ley, Esquire I. D. No. 87244 301 Market Street, P 0 Box 109 Lemoyne, PA 17043 (717) 761-4540 wdm@jdsw.com Counsel for Defendant, Lauren Stahl Date: 2013 546061 22740-3083 7 VERIFICATION 1, LAUREN STAHL, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer to Plaintiff's Complaint with New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities, L J7N STAHL DATE: CERTIFICATE OF SERVICE f. AND NOW, this day of , 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART &WEIDNER By: k/V 4at,IN W e D. Manley r ILED-OFFIC'� OF THE PROTHONOTARY SCHMIDT KRAMER PC 2013 APR -9 AM 11: 12 By: Scott B. Cooper, Esquire CUMBERLAND COUNTY I.D. No. 70242 PENNSYLVANIA 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax scooper@schmidtkramer.com Attorney for Plaintiff FAITH DAVENPORT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. LAUREN STAHL JURY TRIAL DEMANDED Defendant NO. 13-740 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT STAHL 20. Paragraph 20 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 20 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 21. Paragraph 21 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 21 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 22. Paragraph 22 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 22 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 23. Paragraph 23 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 23 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 24. Paragraph 24 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 24 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 25. Paragraph 25 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 25 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 26. Paragraph 26 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 26 2 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 27. Paragraph 27 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 27 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 28. Paragraph 28 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 28 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 29. Paragraph 29 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 29 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 30. Paragraph 30 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 30 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. 3 31. Paragraph 31 of Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in paragraph 31 are denied and strict proof is demanded thereof from the Defendant prior to the time of trial. WHEREFORE, Plaintiff Faith Davenport respectfully requests that the Defendant's New Matter be dismissed with prejudice and judgment entered in Plaintiffs favor. Respectfully Submitted, SCHMIM KRAMER, PC By: Scott B. Cooper I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (f) 4-1 scooper@schmidtkramer.com Date )J-)-2jJ3 Attorney for Plaintiff 4 ATTORNEY VERIFICATION 1, Scott B. Cooper, Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Respectfully Submitted, SCHMIDT KRAMER, PC By: Scott B. Cooper I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (t) (717) 232-6467 (0 scooper@schmidtkramer.com Date: Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this P 1, day of April 2013, 1, Scott B. Cooper, Esquire, hereby certify that I have this day served a true and correct copy of the Plaintiff's Reply to Defendant's New Matter, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: WADE P. MANLEY, ESQ. JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street PO Box 109 Lemoyne, PA 17043 Respectfully submitted, SCHMIDT KRAMER PC By: 04,/ Scott 14. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: 41,k)-22,17 Attorney for Plaintiff ( i J7 2 0 13 JUL I I Pei 12: 0� CUMBERLAND PENNS ILVA IA JOHNSON,DUFFIE,STEWART 8(WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3) PLAINTIFF'S COUNSEL HAS WAIVED THE 20 DAYS AND SAID WAIVER IS ATTACHED; and 4) The subpoenas to be served are identicarsto the subpoenas attached to the Notice of Intent. By: (� ----Wade D. Manley, EstIuire Attorney I.D. No. 87244 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: July 10, 2013 Attorney for Defendant 568372 JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Scott B. Cooper, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the medical records from: (1) West Shore Endoscopy; (2) Susquehanna Valley Pain Management; (3) Sollenberger Colon & Rectal Surgery; (4) Quest Diagnostics; (5) PRISM; (6) Tristan Radiology; (7) PinnacleHealth Outpatient Rehabilitation; (8) PinnacleHealth Neurological Surgery; (9) Harrisburg Hospital Medical Records; (10) Harrisburg Hospital Radiology; (11) Community General Osteopathic Hospital Medical Records; (12) Community General Osteopathic Hospital Radiology; (13) Penn Rehabilitation Associates; (14) PA Neurosurgery & Neurosciences Institute; (15) Holy Spirit Hospital Radiology; (16) Holy Spirit Hospital Medical Records; (17) Jackson Siegelbaum Gastroenterology; (18) Hamilton Health Center; (19) Conservative Orthopedics; and (20) Capital Cardiovascular Associates. Date: - �` 1 3 By: Ica- 4 S oft B. Cooper, Esquire JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Faith Davenport C/O Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendant intends to serve twenty (20) 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 on record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNS , DUFF;I S)95A &WEIDNER By: • � (f Wade D. Manley, squi e Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant July 2, 2013 :567049 22740-3083 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.13-740 Civil vs. LAURENSTAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore Endoscopy Center (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Copies of all medical records, reports, office notes, physical therapy records, radiology CD's/films, radiology reports, correspondence,hospital records,test reports, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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 parry 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: Wade D.Manley Esquire ,ADDRESS: 301 Marketsireet P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)7614540 SUPREME COURT ID 4 87244 ATTORNEY FOR: Defendant Y THE COURT- Prothonotary,Civil Division Date: .3 � Ll/L Seal bf the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Susquehanna Valley Pain Management (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: Copies of all medical records, reports, office notes,physical therapy records, radiology CD's/films, radiology reports, correspondence,hospital records, test reports, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffle. Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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 parry 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: wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)7614540 SUPREME COURT ID#87244 ATTORNEY FOR: Defendant BY THE CO Prothonotary,Civil Division Date: � y%/l SeA of th Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.13-740 Civil VS. LAURENSTAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Sollenberger Colon &Rectal Surgery (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: Copies of all medical records,reports, office notes, physical therapy records, radiology CD's/films, radiology reports, correspondence, hospital records, test reports, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffle, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: NA2-,4E: Wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)7614540 SUPREME COURT ID#87244 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary,Civil Division Date: 1�ll / Sea of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil vs. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Quest Diagnostics (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by th e court to produce the following documents or things: Copies of all medical records, lab reports, office notes, correspondence, radiology films/CD's, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301 MerketStreet P.O.Box 709 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID# s7244 ATTORNEY FOR: Defendant BY THE COURT- _km�' i1�.C17 Prothonotary,Civil Division Date: �O J Sea of the ourt Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil vs. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PRISM Center for Spine&Pain 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: Copies of all medical records, reports, office notes, physical therapy records,radiology CD's/films, radiology reports, correspondence, hospital records,test reports, and any other records from any office location pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242;from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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 parry 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: Wade D.Manley Esquire ADDRESS: 301 Market street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#97244 ATTORNEY FOR: Defendant Y THE COUR '])�b, Prothonotary,Civil Division Date: Sea of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Piaintiff File No, 13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth/Tristan Radiology (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: Copies of all radiology reports and radiology CD's/films pertaining to Faith Davenport; DOB: 2/10/1964; SSN- xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301MOrkelStvct P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)76)4540 SUPREME COURT ID 4 87241 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary,Civil Division z r77 Date: hi llj, C,7 15Cp Ut�T Seal d of the urt COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth Outpatient Rehabiliation (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: Copies of all medical records,reports, office notes,physical therapy records,correspondence, hospital records,and any other records from Lower Paxton Physical Therapy,the Polyclinic Campus, or other outpatient rehabilitation facilities pertaining to any evaluation,care,or treatment rendered to Faith Davenport;DOB:2/10/1964- SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffle, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 3olmarketstreet P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID 4 E7244 ATTORNEY FOR: Defendant BY THE COURT- Prothonotary,Ctvil Dtvtston Date: Seal of the o6urt— Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.13-740 Civil vs. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleEealth Neurological Surgery (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: Copies of all medical records,reports, office notes,physical therapy records, correspondence,hospital records,test reports, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 30I Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#97244 ATTORNEY FOR. Defendant BY THE COURT- Prothonotary,Civil Division Date: Seafofthe eourt L— Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaindff File No.13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth at Harrisburg Hospital (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: Copies of all radiology reports and radiology CD's/films from Harrisburg Hospital, Outpatient Rehabilitation,Neurological Surgery, or any other PinnacleHealth-facility pertaining to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#s7244 ATTORNEY FOR: Defendant BY THE COURT: ]�aA Prothonotary,Civil lvision Date: �/Wp Seaf of the ourt Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth at Harrisburg Hospital (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: Copies of all medical records, reports, office notes, physical therapy records, correspondence, hospital records,test reports, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301 Marlcetst,-t P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)7614540 SUPREME COURT ID# s7244 ATTORNEY FOR: Defendant BY THE COU • �f Prothonotary,Civil Division Date: eal f thGt Se Co&t Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community General Osteopathic Hospital (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: Copies of all radiology reports and radiology CD's/films pertaining to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Ste-wart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 30IMarketStree, P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)7614540 SUPREME COURT ID#87244 ATTORNEY FOR: Defendant Y THE COURT. 1) 6 le2201�lxlll Prothonotary,Civil Division Date: Seal If the"Cj �Deput�y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Community General Osteopathic Hospital (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: Copies of all medical records, reports, office notes, physical therapy records, correspondence, hospital records, test reports, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: wade D.Manley Esquire ADDRESS: 301 Market street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#87244 ATTORNEY FOR: Defendant BY THE COURT: f f� Prothonotary,Civil Division Date: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.1')-740 Civil vs. LAURENSTAHL Defendant SUBPOENA TO PRODUCE DOCLTAIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn Rehabilitation Associates (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: Copies of all medical records, reports, office notes, physical therapy records,radiology CD's/films, radiology reports,correspondence,hospital records,test reports, and any other records from any office location pertaining to any evaluation, care,or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242;from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 30IMarkelStrea P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#s7244 ATTORNEY FOR: Defendant BY THE COLJRTL:-. Prothonotary,Civil Division Date: Sea of the C 'I' '- Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.13-740 Civil vs. LAURENSTAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Neurosurgery &Neurosciences Institute (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: Copies of all medical records, reports, office notes, physical therapy records,radiology CD's/films,radiology reports, correspondence,hospital records,test reports, and any other records from any office location pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242;from 3/29/2001 to present at_Johnson, Duffle, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301 MrketSoftt P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717>761-4540 SUPREME COURT ID#97244 ATTORNEY FOR: Defendant BY THE COURT* Prothonotary,Ci Date: Seat of tKe'Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital ATTN: Radiology (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: Copies of all radiology reports and radiology CD's/films from Holy Spirit Hospital or any other Holy Spirit facility pertaining to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffle, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID# 87244 ATTORNEY FOR: Defendant BY THE COURT: �/Wip Prothonotary,CDate: Al Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil vs. LAUREN STA.HI., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital (Name of Person or Entity) Within twenty(20)days after service of this subpoena, you are ordered by the court to produce the foI-lowing documents or things: Copies of all medical records, reports, office notes, physical therapy records, correspondence, hospital records, test reports, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301 14uket SVeet P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)7614540 SUPREME COURT ID#87244 ATTORNEY FOR: Defendant BY THE COU T: ,Q Prothonotary,Civil Division Date: �v Seal of the Cofirt Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil vs. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jackson Siegelbaum Gastroenterology (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: Copies of all medical records, reports,office notes,physical therapy records,radiology CD's/films, radiology reports, correspondence, hospital records, test reports, and any other records from any office location pertaining to any evaluation, care,or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301 Market street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID# s7244 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary,Civil Division Date: 4/7,700//,f Sea of the dourt Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hamilton Health Center (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Copies of all medical records, reports, office notes, physical therapy records,radiology CD's/films, radiology reports, correspondence,hospital records,test reports, and any other records from any facility location pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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 parry 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: wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761.4540 SUPREME COURT ID# s7244 ATTORNEY FOR: Defendam BY THE COURT: . Prothonotary,Civil Division Date: Seal o the C urt Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. D-740 Civil vs. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Conservative Orthopedics (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: Copies of all medical records, reports, office notes,physical therapy records, radiology CD's/films, radiology reports, correspondence, hospital records,test reports, and any other records pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID# &7244 ATTORNEY FOR: Defendant BY THE COUR .2,t�d' �y Prothonotary,Civil Division Date: d Seal f the urt Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Capital Cardiovascular Associates (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: Copies of all medical records, reports, office notes, physical therapy records,radiology CD's/films, radiology reports, correspondence, hospital records,test reports, and any other records from any office location pertaining to any evaluation, care, or treatment rendered to Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242;from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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 parry 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: Wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID# 97244 ATTORNEY FOR: Defedant BY THE COU • � C Prothonotary,Civil Division Date: Seal of th ourt Deputy CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Intent has been duly served upon the following counsel of record, by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 2, 2013: Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By. Z, 1 indsey P. rt ey, Paralegal 1 CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Certificate Prerequisite of Subpoenas upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 10th Day of July, 2013, addressed to the following: Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Lindsey IyRitchey, Parale r jJ OR4�6�ND COlN!'i' .JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-01Q,9 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby 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 20 days prior to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) PLAINTIFF'S COUNSEL HAS WAIVED THE 20 DAYS AND SAID WAIVER IS ATTACHED; and 4) The subpoena to be served is identical to a su po?att d t e Notice of Intent. By: (/ Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: July 24, 2013 Attorney for Defendant 570814 JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Scott B. Cooper, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the medical records from: (1) MariaElaina Sumas, M.D. Date: 9' By. Scott B. Cooper, Esquire t JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA N. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Faith Davenport C/O Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendant intends to serve one (1) 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 on record and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHNS N, DUFFS A &WEIDNER By: Wade D. Manley, Esqui Attorney I.D. No. 87244ki 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant July 18, 2013 :569914 22740-3083 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No.13-740 Civil vs. LAURENSTAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mc-wiaElairia Sumasr M.D. (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- Copies of all medical records, reports, office notes, physical therapy records, radiology CD's/films, radiology reports, correspondence, hospital records, and anti other records from any practice location pertaining to any evaluation, care, or treatment rendered to Faith Davenport or_ DOB: 2/10 xx */1964; SSN: x —xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301Market5treet P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#87244 ATTORNEY FOR:-Defendant BY THE COUR : / 113 Prothonotary,Civil Division Date: (P d? Depu�ty Seal of the Court CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Intent has been duly served upon the following counsel of record, by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 18, 2013: N Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER B y. Lindsey P. Rit ey, Paralegal CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Certificate Prerequisite of Subpoenas upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 24th Day of July, 2013, addressed to the following: Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART &WEIDNER By: indsey P. Fpchey, Paralegal IJ I" JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm@jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION —LAW Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3) PLAINTIFF'S COUNSEL HAS WAIVED THE 20 DAYS AND SAID WAIVER IS ATTACHED; and 4) The subpoenas to be served are identic to the subpoena atta ed to the Notice of Intent. Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: August 19, 2013 Attorney for Defendant 575404 JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P._0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Scott B. Cooper, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the medical records from: (1) PinnacleHealth Polyclinic Campus; (2) Musculo-Skeletal Institute of Pennsylvania; and (3) Hershey Medical Center. Date: J� �� Scott B. Cooper, Esquire JOHNSON, DUFFIE,STEWART&WEIDNER Attorneys for Defendant By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm @jdsw.com FAITH DAVENPORT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-740 Civil LAUREN STAHL, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Faith Davenport C/O Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendant intends to serve three (3) 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 on record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSO , DUFFI�ST AR WEIDNER By: ° �/ Wade D. Manley, Esquir Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant August 12, 2013 :573718 22740-3083 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PinnacleHealth Polyclinic Campus (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: Copies of all medical records, reports, office notes, physical therapy records, correspondence, hospital records, test reports, and any other records pertaining to any evaluation,care, or.treatment.rendered to Faith_Davenport-, DOB: SSN_ xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffle, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: Wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Boa 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#87244 ATTORNEY FOR: Defendant BY THE COURT: _i)z�- 1 A Prothonotary, Civil Division Date: Seal f the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil VS. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Musculo-Skeletal Institute of Pennsylvania (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: Copies of all medical records, reports, office notes, physical therapy records, radiology CD's/films, radiology reports, correspondence, hospital records,test reports, and any other records from any offc2_]ocatton pertaining,to any_evaluation,..c.are,_or treatment_rendered to , Faith Davenport; DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffle, Stewart, & Weidner; 301 Market St, Lemoyne, PA 17043 (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: wade D.Manley esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID#87244 ATTORNEY FOR: Defendam BY THE COURT: Prothonotary,Civil Division Date: Sea"oft Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT Plaintiff File No. 13-740 Civil vs. LAUREN STAHL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Copies of all medical records, reports, office notes, physical therapy records,radiology CD's/films, radiology reports, correspondence,hospital records,test reports, and any other records_from_any.office_locaton-pertaining to.any_ev_aluation,_care,._or_treatment.rendered to Faith Davenport;DOB: 2/10/1964; SSN: xxx-xx-8242; from 3/29/2001 to present at Johnson, Duffie, Stewart, & Weidner, 301 Market St, Lemoyne, PA 17043 (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: wade D.Manley Esquire ADDRESS: 301 Market Street P.O.Box 109 Lemoyne,PA 17043 TELEPHONE: (717)761-4540 SUPREME COU RT ID# s7244 ATTORNEY FOR: Defendant BY THE COURT: l Prothonotary,Civil Division Date: Seal o the ourt Deputy CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice of Intent has been duly served upon the following counsel of record, by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 12, 2013: Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: - indsey P. i ey, Paralegal CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Certificate Prerequisite of Subpoenas upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 19th day of August, 2013, addressed to the following: Scott B. Cooper, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART &WEIDNER By: Lindsey P. Fifitchey, Paralegal F ILED-OFF E;E ‘OF THE PROTHONOTARY 201411 17 A111:t 1 CERTIFICATE CUMBERLAND CPwQUISITE TO SERVICE OF A SUBPOENA PENNSYLVANIA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA FAITH DAVENPORT vs. TERM: LAUREN STAHL CASE No: 13-740 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of WADE MANLEY Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 07/14/2014 RecordTrak on behalf of /S/ WADE MANLEY Attorney for Defendant RT#: 268888 RECORDS PERTAIN TO: FAITH DAVENPORT FAITH DAVENPORT COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: LAUREN STAHL : DOCKET: 13-740 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: SCOTT COOPER SCHMIDT KRAMER, PC 209 STATE ST HARRISBURG, PA 17101 June 30, 2014 Please take notice that on behalf of WADE MANLEY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until July 21, 2014 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY July 21, 2014 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN DRAYER PHYSICAL THERAPY INSTITUTE Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: RT: 268888.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAITH DAVENPORT V. LAUREN STAHL File No;13-740 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DRAYER PHYSICAL THERAPY INSTITUTE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: See attached rider. 651 Allendale Road Kinn of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoena together with the certificate of compliance, to the party making this request at the address listed above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days afte: its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, WADE MANLEY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 Supreme Court ID# Attorney for: Defendant DATE: —?)117 Seal of the Court BY THE COURT: RE: FAITH DAVENPORT vs. LAUREN STAHL CASE NO. 13-740 CIVIL RECORDTRAK FILE #: 268888; TAG 1 LOCATION: DRAYER PHYSICAL THERAPY INSTITUTE RECORDS PERTAIN TO: FAITH DAVENPORT SS #: , DOB: X . COPIES OF ALL MEDICAL RECORDS DATED XX/XX/XX TO PRESENT. TO INCLUDE, REPORTS, OFFICE NOTES, PHYSICAL THERAPY RECORDS,RADIOLOGY CD'S/FILMS, RADIOLOGY REPORTS, CORRESPONDENCE, HOSPITAL RECORDS, TEST REPORTS, AND ANY OTHER RECORDS FROM ANY OFFICE LOCATION PERTAINING TO ANY EVALUATION, CARE, OR TREATMENT RENDERED TO FAITH DAVENPORT.