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HomeMy WebLinkAbout13-5840 Supreme Cou nnsylvania COU +�oK46nlo leas For Prothonotary Use Only: . X 01 t . Sh e C� 'l� Docket No: �icJ Si 1 MI3ERLAi CU �D County '� o / 6 • by � ! 3 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other p9pers as required by law or rules of court. Commencement of Action: S E] Complaint © Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: JENNIFER D. WENGER CRYSTAL L. MCQUAIT T Dollar Amount Requested: []within arbitration limits I Are money damages requested? 0 Yes ❑ No O (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: WILLIAM R DOUGLAS ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment © Motor Vehicle [] Debt Collection: Other ❑ Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) ❑Employment Dispute: B Discrimination Slander/Libel/ Defamation C Other: ❑ Employment Dispute: Other E] Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment [] Common Law /Statutory Arbitration B ❑ Other: Eminent Domain/Condemnation ❑ Declaratory Judgment B Ground Rent Mandamus ❑ Landlord/Tenant Dispute a Non - Domestic Relations 8 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: (Jpdated 1/1/2011 2013 OCT -8 AM 11: ) 8 CUMBERLAHD COUNTY PENNSYLVANIA William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 West South Street Carlisle, Pennsylvania 17013 Telephone (717) 243 -1790 Jennifer D. Wenger In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs — 51'VO No. 2013 Civil Term Crystal L. McQuait Defendant Civil action Law Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Buell: Please issue a Writ of Summons against the defendant, Crystal L. McQuait. William P. Dougla ,Esq. Attorney for Pl inti ff Date: October 8, 2013 rd 3. 7r,,1 Commonwealth of Pennsylvania County of Cumberland Jennifer D. Wenger In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 2013 Civil Term 58-0 Crystal L. McQuait Defendant Civil action Law Jury Trial Demanded Writ of Summons To: Crystal L. McQuait 424 Bradnick Farm Lane McConnellsburg, Pennsylvania 17233 You are hereby notified that - Jennifer D. Wenger has brought an action against you. Protho tar date: October &,'2013 William P. Douglas, Esq. Douglas Law Office 43 West South Street Carlisle, Pennsylvania 17013 (717) 243 -1790 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L t- ' r Sheriff Jody S Smith 13 NOV 22 AID 10: 9 Chief Deputy Richard W Stewart riUMBE111 N GO N i °i Solicitor OFF THE SkERIFa PENNSYLVANIA Jennifer D Wenger vs Case Number Crystal L McQuait 2013-5840 SHERIFF'S RETURN OF SERVICE 10/09/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Crystal L McQuait, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Fulton, Pennsylvania to serve the within Writ of Summons according to law. 10/17/2013 11:45 AM-The requested Writ of Summons served by the Sheriff of Fulton County upon Crystal L McQuait, personally, at 424 Bradnick Farm Lane, McConnellsburg, PA 17233. Keith Stains, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $28.46 SO ANSWERS, November 15, 2013 R©NN RR AY ANDERSON, SHERIFF County ui e Shenfl,Te eosoff.inc, FULTON COUNTY SHERIFF'S OFFICE TEL (717) 485-4221 207 NORTH SECOND STREET, McCONNELLSBURG, PA 17233 FAX(717) 485-4519 SHERIFF SERVICE PROCESS RECEIPT AND AFFIDAVIT OF RETURN 1.PLAINTIFF/S 2.COURT NUMBER CUMBERLAND COUNTY Jennifer D Wenger 2013-5840 3.DEFENDANT/S 4.TYPE OF WRIT OR COMPLAINT: Crystal L.McQuait Writ of Summons SERVE 5.NAME OF INDIVIDUAL,COMPANY,CORPORATION,ETC.,TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED,ATTACHED OR SOLD" Crystal L.McQuait 6.ADDRESS(Street,or RFD,Apartment No.,Boro.,Twp.,Stine and Zip Code)' AT 424 Bradnick Farm Lane,McConnellsburg PA 17233 7. INDICATE UNUSUAL SERVICE: ❑ COMMON.OF PA ❑ DEPUTIZE ❑ OTHER Now, 1,SHERIFF OF FULTON COUNTY,PA,do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff_ SHERIFF OF FULTON COUNTY 8.SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Advance came from attorney Douglas Law Office,see address on receipt 9.SIGNATURE of ATTORNEY or other ORIGINATOR 10.TELEPHONE NUMBER 11.DATE Cumberland Co Sheriffs Office 12.SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must me completed if notice is to be mailed) One Courthouse Square,Carlisle PA 17013 13. 1 acknowledge receipt of the writ NAME of authorized FCSD Deputy of Clerk and Title 14.Date Received 15.Expiration/Hearing Date or complaint as indicated above. Crystal D.Ste anik,Secretary October 11,2013 November 11 2013 16.1 hereby CERTIFY and RETURN that 10 have personally served,❑ have legal evidence of service as shown in"Remarks",❑have executed as shown in"Remarks",the writ or complaint that described on the individual,company,corporation,etc.,at the address shown above or on the individual,company, corporation,etc.,at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual,company,corporation,etc.,named above. (See remarks below) 18. Name and title of individual served(if not shown above) 19.A person of suitable age and discretion then residing in the defendant's usual place of abode. ❑ 20.Address of where served(complete only if different than shown above) (Street or RFD.,Apartment No.,City, 21. Date or Service 122. Time AM Bore,Twp.,State and Zip Code) PM EST 2711 S.Madden Road,Hustontown,Pennsylvania October 17,2013 11:45 ®EDST 23.ATTEMPTS Date Mites Dep.Int. Date Mites Dep.Int. Date Miles Dep.Int. Date Miles Dep.Int. Date Miles Dep.Int. 10-14-13 17.5 LEO 10-15-13 -28 LEO 10-15-13 -28 LEO 10-17-13 -28 LEO Advance 25_Service Costs 126.NotaryGert- 27.Mileage 28.Postage 29.Surcharge 30.Total Costs 31.COST DUE OR REFUND $ 125.00 1 $ 18.00 $ 5,00 1 $ 57.00 1 1 1 $ 80.00 1 REFUND-$45.00 32. REMARKS Crystal McQuait no longer lives at 424 Bradnick Farm Lane. On October 17,2013,about 11:45 AM, Sheriff Deputy Larry Ott personally served the Cumberland County Court Civil Action Writ of Summons,#2018-2013,by handing the documents to CRYSTAL L.MCQUAIT at her current residence,2711 S.MADDEN ROAD,HUSTONTOWN,FULTON COUNTY,PENNSYLVANIA. The Sheriff of Fulton County had been duly deputized,in writing,on October 9,2013,by the Sheriff of Cumberland County to execute service of the Writ of Summons documents. 33.AFFIRMED and subscribed to before me this 25TH. NS 34.davll October 13 35.Signature of 36.Date Deputy sheriff Larry E. Ott 10/25/2013 37. 38.Signature of 39.Date Sheriff Pro onota /Dep /Notary Pu I SHERIFF OF FULTON COUNTY MY COMMISSION EXPIRES January 01,2014 40. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 41. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. October 25,2013 FULTON COUNTY SHERIFF'S OFFICE TEL(717) 485-4221 207 NORTH SECOND STREET, McCONNELLSBURG, PA 17233 FAX(717) 485-4519 SHERIFF SERVICE PROCESS RECEIPT AND AFFIDAVIT OF RETURN 1.PLAINTIFF/S 2.COURT NUMBER CUMBERLAND COUNTY Jennifer D Wenger 2013-5844 3.DEFENDANT/S 4.TYPE OF WRIT OR COMPLAINT: Crystal L.McQuait Writ of Summons SERVE 5.NAME OF INDIVIDUAL,COMPANY,CORPORATION,ETC.,TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED,ATTACHED OR SOLD Crystal L.McQuait 6.ADDRESS(Street,or RFD,Apartment No.,Boro.,Twp.,State and Zip Code); AT 424 Bradnick Farm Lane,McConnellsburg PA 17233 7.INDICATE UNUSUAL SERVICE: ❑ COMMON.OF PA [] DEPUTIZE F] OTHER Now, I,SHERIFF OF FULTON COUNTY,PA,do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF FULTON COUNTY 8.SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Advance came from attorney Douglas Law Office,see address on receipt 9.SIGNATURE of ATTORNEY or other ORIGINATOR 10.TELEPHONE NUMBER 11.DATE Cumberland Co Sheriffs Office 12.SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area.must me completed if notice is to be mailed) One Courthouse Square,Carlisle PA 17013 , Yft`.*r' i! � 13.1 acknowledge receipt of the writ NAME of authorized FCSD Deputy of Clerk and Title 14.Date Received 15.Expiration/Hearing Date or complaint as indicated above. Crystal D.Ste anik,Secretary October i 1,2013 November 11,2013 16.1 hereby CERTIFY and RETURN that I [g] have personally served,[:] have legal evidence of service as shown in"Remarks",❑have executed as shown in"Remarks",the writ or complaint that described on the individual,company,corporation,etc.,at the address shown above or on the individual,company, corporation,etc.,at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. C] 1 hereby certify and return a NOT FOUND because I am unable to locate the individual,company,corporation,etc.,named above. (See remarks below) 18.Name and title of individual served(if not shown above) 19.A person of suitable age and discretion then residing in the defendant's usual place of abode. El 20.Address of where served(complete only if different than shown above) (Street or RFD,Apartment No.,City, 21. Date or Service 22. Time © AM Bore,Two.,State and Zip Code) ®PA4 EST 2711 S.Madden Road,Hustontown,Pennsylvania October 17,2013 11:45 ®EDST 23.ATTEMPTS I Date Miles Dep.Int. Date jMilesjDepAnt. Date Miles Dep.Int. Date Miles Dep.tnt. Date I Miles I Dep.Int. 10-1.4-13 1.7.5 LEO 110-15-13 -28 LEO 10-15-13 -28 1 LEO 110-17-131 -281 LEO Advance 25,Service Costs 126.Notary Cert. 27.Mileage 28.Postage 29.Surcharge 30,Total Costs 31.COST DUE OR REFUND 125.00 $ 18.00 5.00 $ 57.00 $ 80.00 REFUND-$45.00 32.REMARKS Crystal McQuait no longer lives at 424 Bradnick Farm Lane. On October 17,2013,about 11:45 AM, Sheriff Deputy Larry Ott personally served the Cumberland County Court Civil Action Writ of Summons,#2018-2013,by handing the documents to CRYSTAL L.MCQUAIT at her current residence,2711 S.MADDEN ROAD,HUSTONTOWN,FULTON COUNTY,PENNSYLVANIA. The Sheriff of Fulton County had been duly deputized,in writing,on October 9,2013,by the Sheriff of Cumberland County to execute service of the Writ of Summons documents. 4 y ; 33,AFFIRMED apd subscribed to before me this 25TH. NSW 34 day of dt OCtObe ,'201.3 35.SignatUre of 36.Date Deputy Sheriff Larry E. Ott' 10/25/2013 ' ij. 38.Signature of 39.Date 37. 7 �� tt Sheriff P othono ry/De ty/Notary Ulic SHERIFF OF FULTON COUNTY MY CoMMtsSIOP1EXPIRE$.' January 01,2014 40. 1 ACKNOWLEDGE RECEIPT. 'OF THE SHERIFF'S RETURN SIGNATURE 41.Date Received OF AUTHOkZ DISSUING AU HORITY AND TITLE. October 25 2013 CraGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENNIFER El WENGER Plaintiff NO. 2013-5840 v. • CRYSTAL L. MCQUAIT, • JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of the Defendant in the above captioned action. EAGER, STENGEL, QUINN & SOFILKA DATE:01)061N BY: Georce H. Eac , Esquire Attorney for r - endant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 cr, 'Ty rn rrl rti—; -t„f -<a- co C) —46 z.c) (Dr) --I • y CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Bill Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 EAGER, STENGEL, QUINN & SOFILKA DATE: D 110‘d) BY: George H. Eager, E .. - Attorney for Defe►. I.D. No. 27740 1347 Fruitville ' e Lancaster, PA 17601 (717) 290-7971 • - 7611 Ca ,k‘.:411- . 0. . 1,VIHONOTA., 26V1JAN9 pH 2: 10 CUMBERLAND COU_NTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • JENNIFER D. WENGER • Plaintiff • NO. 2013-5840 • v. CRYSTAL L. MCQUAIT, • JURY TRIAL DEMANDED • Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO: David D. Buell, Prothonotary, Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013-3387 Please enter a Rule upon the Plaintiff to file a Complaint in the above captioned matter within twenty (20) days of the Rule or suffer a judgment of non pros. EAGER, STENGEL, QUINN & SOFILKA DATE: 011 g) BY: H.George H. Ea , Esquire Attorney for fendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 AND NOW, this 1day of jail. , 20 a Rule has been entered upon the Plaintiff as above directed. .7) Prothonotary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for a Rule to File a Complaint upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Bill Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 EAGER, STENGEL, QUINN & SOFILKA DATE: O))O$'` )y BY: George H. Eager, quire Attorney for Def dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 I William P.Douglas,Esq. a Supreme Court I.D.#37926 c e,¢1 1:. Douglas Law Office 43 West South Street Carlisle,PA 17013 Telephone(717)243-1790 Jennifer D. Wenger In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 2013 Civil Term 5840 Crystal L. McQuait Defendant Civil action Law Jury Trial Demanded 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 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 PEE OR NO PEE. Cumberland County Bar Association 32 S.Bedford Street Carlisle PA 17013 717-249-3166 • BY . \ %.�S, DATE:January 20, 2014 Complaint 1. The plaintiff, Jennifer D. Wenger is an adult individual residing at 27 Eastwood Drive, Carlisle, Cumberland County, Pennsylvania. 2. The defendant, Crystal L. McQuait, is an adult individual residing at 424 Bradnick, Farm Lane, McCollellsburg, Fulton County, Pennsylvania. 3. On or about, October 8, 2011, the plaintiff Jennifer D. Wenger, was operating her vehicle in in a westerly direction on Racetrack Road in Saint Thomas Township, Franklin County, Pennsylvania. 4. At about the same time and place, the defendant was operating her vehicle in a northerly direction on a perpendicular road (Hade Road) and failed to stop at a stop sign and failed to yield to traffic lawfully in the intersection and proceeded to collide with the vehicle occupied by the plaintiff. 5. The impact occurred as a direct and proximate result of the defendant's negligence. 6. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to yield to traffic lawfully in the intersection; d) failing to obey traffic control devices. 7. As a direct and proximate result of the negligence of the defendant the plaintiff, Jennifer D. Wenger, was injured. Her injuries, and/or aggravation of possible pre-existing condition(s), include but are not limited to: a) injury to her spine and supporting structures; b) injury in the area of L5-S1 and resultant radiculitus; c) chronic pain 8. As a result of her injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts that may not be covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 9. As a result of her injuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 10. As a result of her injuries, the plaintiff has incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and may continue to incur the same in the future. 11. As a result of the injuries the plaintiff sustained on October 8, 2011, the plaintiff lost wages and the plaintiff's economic horizons may be limited. 12. As a direct and proximate result of the negligence of the defendant the plaintiff was required to incur expenses not covered by automobile insurance. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully s bmitte William P.Douglas, Es January 20, 2014 Attorney for Plaintif AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William P. Douglas Attorney for Plaintiff Date: January 20, 2014 CNiAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENNIFER D. WENGER • f-, c Plaintiff • ° • NO. 2013-5840 rnt -11 - ,1 V. Z cnA CRYSTAL L. MCQUAIT, • JURY TRIAL DEMANDED r- ct; Defendant • >°' � CD � r ter., •ANSWER WITH NEW MATTER n. == +I`' —+ 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 CRYSTAL L. MCQUAIT, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1. Admitted. 2. Denied. Defendant resides at 2711 South Madden Road in Hustontown, PA. 3-12. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in her favor and against the Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 13. Paragraphs 1 through 12 inclusive above are incorporated herein by reference and made a part hereof. 14. 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 all of the rights and defenses available to her under the aforementioned act. 15. Plaintiff's claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 16. 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. 17. 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. 18. 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) !aches; (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 her favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: C;;1 L Vit/ BY: George . Eager, . -•uire Attorney for Defe 'ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, CRYSTAL MCQUAIT, 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, I 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. l 411F CRYSTAL MCQU Dated: c9 7 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: William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 EAGER, STENGEL, QUINN & SOFILKA DATE: 03)L'.;it BY: George H. Eag= • quire Attorney for D- - dant I.D. No. 277% t 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW c") W.� JENNIFER D. WENGER -CI -11 rTi Plaintiff • r CU -o • NO. 2013-5840 . , v. •: r-- • .c c7 -fi CRYSTAL L. MCQUAIT, • JURY TRIAL DEMANDED zca _ . Defendant • '"c 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: William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 EAGER, STENGEL, QUINN & SOFILKA DATE: > 1C&/19/ BY: ' George • . Eager, Es• ire Attorney for Defend/t I.D. No. 27740 1347 Fruitville Pi - Lancaster, PA 17601 (717) 290-7971 hYligAINIAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENNIFER D. WENGER • • Plaintiff • =' • NO. 2013-5840 v. • r*a r�1 { • D , CRYSTAL L. MCQUAIT, • JURY TRIAL DEMANDED Eo .�- ' Defendant • zr C.7 ; 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: William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 EAGER, STENGEL, QUINN & SOFILKA DATE:CA 03)19 BY: George . Eager, E "ire Attorney for Defen. t I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 f ti i a' iDry JUN -9 CIO: 140 CUMBERLAND COUNTY PENNSYLVANIA ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENNIFER D. WENGER Plaintiff NO. 2013-5840 v. CRYSTAL L. MCQUAIT, JURY TRIAL DEMANDED 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: (Q f 06) J t George H. Eager, /uire Attorney for Defe ► . - nt I.D. No. 27740 1347 Fruitville Lancaster, PA 17601 (717) 290-7971 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jennifer D. Wenger vs. Crystal L. McQuait Court of Common Pleas Case Number: NO. 2013-5840 CERTIFICATE PREREQUISITE TO THE 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, Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka 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: 05/30/2014 CC: George H. Eager, Esquire Eager, Stengel, Quinn & Sofilka 1347 Fruitville Pike Lancaster PA 17601 Litigation Solutions, LLC on behalf of George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka Attorney for the Defendant PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Jennifer D. Wenger vs. Crystal L. McQuait Court of Common Pleas NO. 2013-5840 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Pinnacle Health - Family Care of Dillsburg Orthopaedic & Spine Specialists Orthopaedic & Spine Specialists Chambersburg Hospital - Summit Health Chambersburg Hospital - Summit Health Susquehanna Valley Pain Management Fulton County Medical Center The Arlington Group Holy Spirit Hospital Holy Spirit Hospital YRC, Inc. Morganstein DeFalcis Rehabilitation Institute All available Radiology Medical Radiology Medical All available All available All available Radiology Medical Employment All available TO: William Douglas, Esquire note: please see enc osed 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. Date of Issue: 5/27/2014 Litigation Solutions, LLC on behalf of: CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of George H. Eager, Esquire Common Pleas Defense Counsel COUNSEL LISTING FOR JENNIFER D. WENGER VS. CRYSTAL L. MCQUAIT County of Cumberland Court of Common Pleas Firm Counsel Type Douglas, Esquire, 27 West High Street P.O. Box 261 Carlisle PA 17013 P: Opposing William 717-243-1790 F: Counsel COmuf0NWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jennifer D. Wenger File No. T1n 71111-RR40 VS. Crystal L. McQuait SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO R1)LE 4009.22 TO Chambersburg Hospital - Summit Health (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 Mines: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 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 afterits service, the party -serving this subpoena may seek a court cadet compelling you to comply with it • i M l ti SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NANO: George H. Eager, Esquire ADDRESS: 1147 Fr,iitri11e Pike Lancaster, PA. 17601 TELEPHONE: 71 i . q11-7971 SUPREME COURT ID # 2 7 7 4 0 ATTORNEY FOR: Defense Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Chambersburg Hospital - Summit Health 112 North 7th Street Chambersburg PA 17201 Attention: Radiology Films Library Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to Present, including X -Rays, MRI, and CT scans. Jennifer D. Wenger VS. Crystal L. McQuait TO: CONNONWEALTH OF PENNSYLVANIA COUNTY' OF CUMBERLAND : File No. 1\1( -4-C,R4CL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Chambersburg Hospital - Summit Health (Name of Person or Entity) Within twenty (20) days after service of this mbpoena, 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, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of complinnre, to the party maldng 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. 'fru fall 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 SUBPOEKA WAS ISSUED AT TEE REQUEST OF THB FOLLOWING PERSON: NANCE: neelrge H.'Flager. Zsauire ADDRESS: 114/ Frilitiril1e Pike Laiarleeter, PA. 17En1 TELEPHONE: '71 7-2,1(1-7Q71 SUPREME COURT ID # 77740_ ATTORM FOR:, Defense Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Chambersburg Hospital - Summit Health 112 North 7th Street Chambersburg PA 17201 Attention: Medical Records Correspondence Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to Present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. Jennifer D. Wenger VS. Crystal L. McQuait TO: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :liIeNo. NO 2013 -sma SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Fulton County Medical Center (Name of Person or Enfity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thins: •••:••••••••••••••••••INIII•••••••••••••••••••••,. See attached rider for instructions. at Litigation Sollitions. JJr. Lai Towne square Way, Suite 251 Pittsburgh, PA 15227 (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 ordee compelling you to comply with it • THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERS ON: NAME: npngp. W RATmr, Fq4vtirP ADDRESS: 11/17 ti,-"ir,,411c. Tanraq'tpr PA, 17n1 TELEPHONE: 717, 19G -7g71 SUPREME COURT ID # 9774ft ATTORNEY FOR: - Defense Seal of the Court • Prothonotary, Civil Division Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Fulton County Medical Center 214 Peach Orchard Road McConnellsburg PA 17233, Attention: Records Department Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 to Present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists Jennifer D. Wenger VS. Crystal L. McQuait TO: COMONWEALTH OF PENNSYLVANIA COUNTY OF CUM:i3ERLAND File No. Nn 9n11-cR40 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 The Arlington Group (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 Minas: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 • (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 this 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 lad 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 ordet compelling you to comply with it • 1.11.1,S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: MOTE: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT JD # 27740 ATTORNEY FOR: Defense Date: Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: The Arlington Group 805 Sir Thomas Court Harrisburg PA 17109 Attention: Records Department Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 to Present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists CONWONWEALTH OF PENNSYLVANIA COUNTY OF CIRO:BERLAND Jennifer D. Wenger File No. VS. Crystal L. McQuait NO. 2013 5810 SUBPOENA TO PRODUCE DOCUMENTS OR TEEENGS 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 following documents or rhinos: See attached rider for instructions. at Litioaticw Solutions. LLC- 101 Towne Scuare Way_,_ Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested hy this subpoena, together with the certificate of compliance, to the party raking 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 a court anise compelling you to. comply with it • rku SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIVfE: npnrge RAger Flqrinirr, ADDRESS: F7"it.411.. Pilera Lanracf-or PA, 17A(11 TELEPHONE: 717-'790-7971 SUPRENIECOURTID# 977,an ATTORNEY FOR: Defense Date: BY THE COURT: 1.Ajel).-- --5) i/ / Prothcruotary, Divisiou Seal of the Court Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Radiology Films Library Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2002 to Present, including X -Rays, MRI, and CT scans. CO1iONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jennifer D. Wenger : Pie No. VS. Crystal L. McQuait. Ain 9nl a—RA40 SUBPOENA TO PRODUCE DOCUMENTS OR TAGS 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 following documents or things: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mai legible copies of the documents or products 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 fad to produce the documents or things •required by this subpoena within twenty (20) days after its service, the party3erving this subpoena may seek a court order compellt„g you to comply with it • 1tuS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAT'S: Georae K. Eager. Esquire ADDRESS: 1 947 Frui tui 11 a Pike Lancaster. PA. 17601 TELEPHONE: 71 7-99n-7971 SUPREME COURT E) # 27740 ATTORNEY FOR: Defense Date: $7?J/y Seal of the Court BY THE CO Prothonotary, Civil Division Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to Present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. Jennifer D. Wenger VS. Crystal L. McQuait TO: CONNONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : File No. mn ',(111-cRa() SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 YRC, Inc. (Name of Person or Entity) • Within twenty (20) days after service of this subpoena, you are ordered by tbe court to produce the following documents or shines: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail Iceble copies of the documents or produce things requested by this subpoena, together with the ceziificate 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 a court garde( ccruTeil;ng you to comply with it • DitS SUBPOENA WAS ISSUED AT THE REQUEST OF '11:Lis FOLLOWING PERSON: NAME: George H. Eaaer. Esquire ADDRESS: 1347 Fruitvill_e Pike Lancaster, PA. 17601 TELEPHONE: 717-29n-7971 SUPREME COURT ID # 2774Q ATTORNEY FOR: Defense Date: Seal of the Court tiltniatzrY,Civil Division Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: YRC, Inc. 10990 Rose Avenue Overland Park KS 66211 Attention: Human Resources Department Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: A complete copy of all files, including, but not limited to, application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination from 1/1/2002 to Present. CONNONWTIALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jennifer D. Wenger File No. mn ?nil -RR4n VS. Crystal L. McQuait. SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RiJLE 4009.22 Morganstein DeFalcis Rehabilitation Institute TO: (Name of Person or Entity) Within twenty (20) days at service of this subpoena, you are ordered by the court to prods= the following documents or thins: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 fall to produce the documents or tlxings Tequired by this subpoena within twenty (20) days after its service, the party this subpoena may'see-lc a court order' compelling you to.comply with it • *Iii.tS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George Eager. Esauire ADDRESS: 1947 Fruitville Pike Lancaster. PA. 17601 TELEPHONE: 717-740-7471 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense BY TEM COURT: / / Prothonotary,Prothonotary, Civil Division Date:P Seal of the Court Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Morganstein DeFalcis Rehabilitation Institute 845 Sir Thomas Court, Suite 7 Harrisburg PA 17109 Attention: Records Department Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 to Present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists Jennifer D. Wenger vs. Crystal L. McQuait TO: COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND FilcNo. mn 9n11-9840 SUB POENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 Orthopaedic & Spine Specialists (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 rhino: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 reque.st at the address listed above. You have the right to seek in advance the reasonable cost of preparin' g the copies or producing the things scrught. If you fail to produce the documents or things Tequired by this subpoena within twenty (20) days afterits service, the 'party -serving this subpoena mayseek a court orde.r compelling you to. comply with it • TIM SUBPOENA. WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMI: George E. Eager, Esquire ADDRESS: 1347 Truitville Pike. Lancaster, PA, 17601 TELEPHONE: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense Data: 3balil Seal of the Court BY TB COURT: thou try, Civil Division De Jennifer D. Wenger VS. Crystal L. McQuaid TO: COMMONW7.—ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : File No. mn 2011-9840 SUBPOENA. TO PRODUCE DOCUMENTS OR TEINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Orthopaedic & Spine Specialists (Name of Person or Entity) Within twenty (20) days aft= 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, PA 15227 (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 r.opies or producing the things sought. Ilyou fail to produce the documents or things •required by this subpoena within twenty (20) days aflarits service, the party-serviag this subpoena may'seek a court order coropellhig you to' ccrmply with it • THIS SUBPOENA WAS ISSUED AT TEE REQUEST OF 1.11.1i FOLLOWING PERSON: NANO: George H. Eager, Esquire ADDRESS: 1317 Fruitville Pike Lancaster; PA, 17601 IELEPHCNS: 717-290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defense BY CO thonotary, Civil Division bpiity Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Orthopaedic & Spine Specialists 1855 Powder Mill Road York PA 17402 Attention: Medical Records Correspondence Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: a complete copy of any and all medical records from 1/1/2002 to Present, including records, charts, test results, reports, correspondence, office notes, patient intake forms, and computerized records. COMMONVrEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jennifer D. Wenger File No. NC 2n11-9,840 vs. Crystal L. McQuait. SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TOSusquehanna Valley Pain Management : (Name oil/a/SO/1 or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prod= the following documents or thinas: See attached rider for instructions. at Litigation Solutions, LLC, 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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 tbe 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 ordet ecrapelling you to. comply with it • SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NANEE: George H. Eager, Esquire ADDRESS: 1347 Fruitville Pike Lancaster, PA, 17601 TELEPHONE: 717-2S0-7971 StJPR.EMEcOtJRTJD# 27740 ATTORNEYFOR: Defense Date: --5/2d- /V Scal of the Court BY TEM COURT. thenotary, Civil. Division Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Susquehanna Valley Pain Management 825 Sir Thomas Court, Suite 160 Harrisburg PA 17109 Attention: Records Department Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 to Present regarding the above-named patient: • Medical records (charts, test results, reports, correspondence, office notes) • Films (X-rays, MRIs, CTs), Film lists Jennifer D. Wenger 1/S. Crystal L. McQuait. CONNONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : File No. • UO. 2013-94.a SUBPOENA TO PRODUCE DOCUMENTS OR TITINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Pinnacle;Health - Family Care of Dillsburg (Name of Person or Rntity) • Within twenty (20) days after serfice of this subpoena, you are ordered by the court to p.roduce the following documents or chines: See attached rider for instructions. at Litiaation Solutions. LIE, 1D1 Towne Square Way, Suite 251 Pittsburgh, PA 15227 , . (Address) You may deliver ar mail legible cop* of the documents or produce adage 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 seelc a court order compelling you to comply with it • TIIIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H.: FAgPr. FsauirP ADDRESS: 1147 Frnirvillp Pike LOnnAstpr. PA, 176n1 TELEPHONE: 71-7...n1n-7(171 SUPRE/vIE COURT ID # 2Y14fl ATTORNEY FOR: 'Defense Date: Sid iD y Seal of the Court BY THE COURT tidltrn -PLL Prothonotary, Civil Divisiou Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Pinnacle Health - Family Care of Dillsburg 1 Trinity Drive E Suite 120, Dillsburg PA 17019 Attention: Records Department Subject: Wenger, Jennifer SS#: 8558 Date of Birth: 05/03/1984 Requested Items: Please remit: a complete copy of any and all documents (listed below) in your possession from 1/1/2002 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: 1 First class mail, postage pre -paid: William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA ;17013-0261 41, 0.5 1 y BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, Es.;jt• Attorney for Defen. I.D. No. 27740 1347 Fruitviile e Lancaster, PA 17601 (717) 290-7971 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. CAPTION OF CASE (entire caption must be stated in full) Jennifer D. Wenger vs. (Plaintiff) C-) -c, me -G p (check one) -� ® Civil Action — Law ® Appeal from arbitration 47) (other) No. 13 — 5840 Civil Term The trial list will be called on Sept 30 2014 Crystal L. McQuait and Prerials will be held on October 15, 2014 (Defendant) vs. (Brief are due 5 days before pretrials) Trial commence on October 30, 2014 Indicate the attorney who will try the case for the party who files this praecipe: William P. Douglas Indicate trial counsel for other parties if known: George H. Eager This case is ready for trial: Signed: Print Name: September 8, 2014 Plaintiff Date: Attorney for: William P. Douglas 4.29 7s --pd f/ty eas‘ #10 JENNIFER D. WENGER, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • • CIVIL ACTION - LAW CRYSTAL L. MCQUAIT, • Defendant • 13-5840 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 15th day of October, 2014, William P. Douglas, Esquire, having appeared on behalf of the Plaintiff and having indicated that this was the first listing for trial of this matter, and that discovery is not yet completed, and that accordingly, he believes the Defendant would have no objection to a continuance of this matter, this matter is continued to the next civil trial term of December 8, 2014 . By the Court, ChristY lee L. Peck, J. William P . Douglas, Esquire For the Plaintiff George H. Eager, Esquire For the Defendant C) � r Court Admin rnai a) Zrn c`) :L3 --a "0 Prothonotaryi/ —cn cY pcb <(= -v>r) z ; :cD • i _\ Commonwealth of Pennsylvania County of Cumberland Jennifer D. Wenger vs Crystal L. McQuait Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvalia rY s rn No. 13 — 5840 Civil Term< v Praecipe Settle and Discontinue Praecipe to Settle and Discontinue Dear Mr. Buell: r ri r.� c7 Please mark the above captioned matter settled and discontinued with prejudice. William P. Dour: as, Esq. Douglas La, Office 43 West Sou Street Carlisle, Pennsylvani. 17013 (717) 243 —1790 date: December 1, 2014