Loading...
HomeMy WebLinkAbout13-7132 Supreme Coutil'A ennsylvania Court f r no'n Pleas For Prothonotary Use Only: Gi %>Il C'o r' S Docket No: �1 CUMBERLAND y: County 1 3 111 l The information collected on this fornz is used solely for court administration. purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ED Complaint Ix! Writ of Summons Petition Fil Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: KAREN NAILOR and ROBERT NAILOR WILLIAM FREED T Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? ❑x' Yes -a No (check one) Ez outside arbitration limits O N Is this a Class Action Suit? Ci Yes Q No Is this an MDJAppeal? 0 Yes [H] No A Name of Plaintiff/Appellant's Attorney: TIMOTHY L. SALVATORE 7 E Market St York PA 717 - 848 -3838 0 Check here if you have no attorney (area Self- Represented I 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 El Intentional n Buyer Plaintiff Administrative Agencies 11 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment R Motor Vehicle El Debt Collection: Other M Board of Elections n Nuisance El Dept. of Transportation Premises Liability In Statutory Appeal: Other S 0 Product Liability (does not include El Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination C Other: Employment Dispute: Other Ji Zoning Board T - Other: I Q Other: O MASS TORT E] Asbestos N Tobacco Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste ❑ Ejectment E3 Common Law /Statutory Arbitration B Other: Eminent Domain/Condemnation f-I Declaratory Judgment 0 Ground Rent Mandamus Landlord/Tenant Dispute Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial El Quo Warranto C,' Dental E] Partition E3 Replevin 0 Legal 0 Quiet Title Other: Q Medical n Other: _i Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI�X -' 8 ' CIVIL DIVISION i" C ... O Plaintiff(s) & Address(es)- Karen and Robert Nailor ^' 25 Stoner Drive Shermans Dale PA 17090 J Case No. J wv Civil Term VS. Civil Action ' LAW Defendant(s) & Address(es) William Freed 3600 Logan Court 5A Camp Hill PA 17011 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne Sheriff. o' Date: December 2, 2013 I Attorney Print Name: Tim — oth � alvatore Address: 7 East 1 arket Street York PA 17401 Telephone # : 717- 848 -3838 Supreme Court ID Number: 77388 a �y� WRIT OF SUMMONS TO: William Freed YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIF ) A AVE MMENCED AN ACTION AGAINST YOU. Prothon /Cler , Civil Division Date:- by Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson `'r l f ` F1('k 't Sheriff xy�xv l Cith r�+;,��b Jody S Smith DEC I+ ati le: Chief Deputy , Richard W Stewart °# E �� Y (' � ! Solicitor OFF M_ rTf"st?E,Ri€r, L `f l Karen Nailor(et al.) Case Number vs. 2013-7132 William Freed SHERIFF'S RETURN OF SERVICE 12/05/2013 04:54 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Writ of Summons by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: William Freed at 3600 Logan Court#5A, Hampden, Camp Hill, P 17011. • G;., 1/3/ BRIAN GRZYBO , D SHERIFF COST: $44.95 SO ANSWERS, December 06, 2013 RONO R ANDERSON, SHERIFF • • (c,)CountySuite Sheriff.Tel_-osoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen & Robert Nailor Plaintiff vs William Freed Defendant CIVIL ACTION - LAW NO. 13 -7132 JURY TRIAL DEMANDED NOTICE TO DEFEND 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 AN 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Karen and Robert Nailor 25 Stoner Drive Shermans Dale PA 17090 Plaintiffs V. William Freed 3600 Logan Court 5A Camp Hill PA 17011 CIVIL ACTION - LAW NO. 13-7132 JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Karen and Robert Nailor through their attorneys Katherman, Briggs & Greenberg, LLP, file this Complaint and state the following: 1 Plaintiffs Karen and Robert Nailor are adult individuals who reside at 25 Stoner Drive, Shermans Dale, Perry County, Pennsylvania 17090. 2. Defendant William Freed is an adult individual who resides at 3600 Logan Court 5A, Camp Hill, Cumberland County, Pennsylvania 17011. 3 At all relevant times, on December 29, 2011, Plaintiffs were the owners of a 2004 Ford Explorer in which Plaintiff Karen Nailor was driving. 4. At all relevant times on December 29, 2011, Defendant was the owner and operator of a 2011 Lexus automobile. 5. At all relevant times, Plaintiff Karen Nailor was traveling northbound in the far right lane of Carlisle Pike at the intersection of Carlisle Pike and Hogestown Road in Silver Springs Township, Cumberland County, Pennsylvania. 6. At all relevant times, Defendant was traveling southbound on Carlisle Pike at the intersection of Hogestown Road when he crossed over into the oncoming northbound lanes on Carlisle Pike into the path of the vehicle of Plaintiff Karen Nailor slamming into her Ford Explorer. 7. As a result of the collision, Plaintiff Karen Nailor suffered serious and permanent injuries including but not limited to neck injuries, chest pain, soft tissue defoimity and damage to the chest, arm and elbow pain, internal derangement of the right wrist, a fractured tooth, and a severe shock to her nerves and nervous system. 8. Plaintiff Karen Nailor has sustained or may sustain the following damages as a result of her injuries: a. past and future pain and suffering; b. past and future embarrassment and humiliation; c. past and future loss of life's enjoyment; d. past and future incidental costs; e. past and future loss of earnings and earning capacity; and f. past and future medical expenses as may be recovered under the Pennsylvania Motor Vehicle Financial Responsibility Law. COUNT I KAREN NAIL OR v. WILLIAM FREED 9. The paragraphs set forth above are incorporated by reference. 10. The collision and the injuries and damages of Plaintiff Karen Nailor were caused by the negligence, negligence per se, carelessness, and recklessness of Defendant. 11. The negligence, negligence per se, carelessness, and recklessness of Defendant include, but not limited to the following: a. failing to maintain proper control of his vehicle; b. failing to keep alert and maintain a proper lookout for other traffic on the roadway; c. failing to stay in his lane of travel; d. driving while in an unsafe physical condition; e. driving recklessly; f. failing to travel at a safe minimum speed; and g. failing to comply with the provisions of the Pennsylvania Motor Vehicle Code and Title 67 of the Pennsylvania Code as they relate to the above mentioned acts, including but not limited to 75 Pa.C.S. §§ 3304, 3309, 3310, 3321, 3361, & 3714. 12. The damages of Plaintiff Karen Nailor exceed the applicable limits of arbitration. 13. Plaintiff Karen Nailor demands a jury trial. WHEREFORE, Plaintiff Karen Nailor demands judgment against Defendant William Freed for compensatory damages in an amount in excess of the applicable limits of arbitration, together with interest, costs of suit, and delay damages. COUNT II ROBERT NAILOR V. WILLIAM FREED 14. The paragraphs set forth above are incorporated by reference. 15. As a result of Defendant's negligence, negligence per se, carelessness, and recklessness, Plaintiff Robert Nailor has lost and will continue to lose companionship, comfort, society, and other forms of consortium of his wife, Plaintiff Karen Nailor. 16. The damages of Plaintiff Robert Nailor exceed the applicable limits of arbitration and a jury trial is demanded. 17. Plaintiff Robert Nailor demands a jury trial. WHEREFORE, Plaintiff Robert Nailor demands judgment against Defendant William Freed for compensatory damages in an amount in excess of the applicable limits of arbitration, together with interest, costs of suit, and delay damages. Date: Respectfully submitted, Katherman, Bri • ; Greenberg '4* /did Timoth atore 7 E Atto o. PA 77398 et Street York, • " 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for the Plaintiffs VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. • Date: 3 /i0d i� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO, 13-7132 JURY TRIAL DEMANDED Karen and Robert Nailor, Plaintiffs V. William Freed, Defendant CERTIFICATE OF SERVICE On this day, the attached copy of the Complaint was sent by first-class United States postal service pre-paid mail delivery to the following: William Freed 3600 Logan Court 5A Camp Hill PA 17011 I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. KATHERMAN, BRIGGS & GREENBERG Melinda Hill Va an Paralegal for Timothy L. Salvatore 7 East Market Street York, PA 17403 Phone: 717-848-3838 Fax: 717-854-9172 Johnson, Duffie, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com KAREN and ROBERT NAILOR, Plaintiffs V. WILLIAM FREED, Defendant Attorneys for Defendant, William Freed • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, • • PENNSYLVANIA • NO. 13-7132 • CIVIL ACTION—LAW • JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defend above-captioned matter. 616816 JOHN BY: Willia ON, DUFFIE, Freed, in the E ART & WEIDNER ucy, Esquire ey I.D. No. 203948 arket Street, P.O. Box 109 emoyne, PA 17043-0109 717) 761-4540 jal@jdsw.com 2014 Counsel for Defendant, William Freed CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 9, 2014, as follows: Timothy Salvatore, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Counsel for Plaintiffs JO SON. DUFFIE, ST• ART & WEIDNER Joh Lucy, Esquire 616816 t 13 L+; SEFI Ij�D I Js y'7 PENNS YLVAI Ary Johnson, Duffie, Stewart&Weidner By: John A. Lucy, Esquire (I.D. No. 203948) 301 Market Street, P. O. Box 109 Attorneys for Defendant, Lemoyne, Pennsylvania 17043-0109 William Freed (717) 761-4540 jal@jdsw.com KAREN and ROBERT NAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-7132 WILLIAM FREED, Defendant CIVIL ACTION — LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Karen and Robert Nailor c/o Timothy Salvatore, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 AND NOW, this 12TH day of June, 2014, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNS , DUFFI , WART &WEIDNER B -- Jo v Lucy, Esquire t, ney I.D. No. 203948 1 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jai@jdsw.com Counsel for Defendant, William Freed Johnson, Duffle, Stewart & Weidner By: John A. Lucy, Esquire I.D. No. 203948 Attorneys for Defendant, 301 Market Street William Freed P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jal@jdsw.com KAREN and ROBERT NAILOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-7132 WILLIAM FREED, CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, WILLIAM FREED, TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, William Freed, by and through his counsel, John A. Lucy, Esquire and Johnson, Duffie, Stewart & Weidner, P.C., and files the following Answer with New Matter to Plaintiffs' Complaint. 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted. 5. After reasonable investigation, Answering Defendant is without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 5 and the same is, therefore, denied and strict proof is demanded at the time of trial. 6. Admitted in part; denied in part. It is admitted that the accident occurred on the date, time, and place averred. Moreover, it is admitted that the Defendant was travelling southbound on Carlisle Pike at the intersection of Hogestown Road when his vehicle crossed over into the oncoming northbound lanes of Carlisle Pike and a collision occurred between the two vehicles. The remaining averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). 7. After reasonable investigation, Answering Defendant is without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 7 and the same is, therefore, denied and strict proof is demanded at the time of trial. 8. After reasonable investigation, Answering Defendant is without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 8 and the same is, therefore, denied and strict proof is demanded at the time of trial. COUNT KAREN NAILOR v. WILLIAMS FREED 9. Defendant incorporates herein by reference his answers to Paragraphs 1 through 8 above as though fully set forth herein at length. 2 10. Paragraph 10 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 11. (a) — (g). Paragraph 11 and all of its subparts set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, Answering Defendant is without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 12 and the same is, therefore, denied and strict proof is demanded at the time of trial. 13. Paragraph 13 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, William Freed, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II ROBERT NAILOR v. WILLIAM FREED 14. Defendant incorporates herein by reference his answers to Paragraphs 1 through 13 above as though fully set forth herein at length. 15. Paragraph 15 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 3 16. After reasonable investigation, Answering Defendant is without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 16 and the same is, therefore, denied and strict proof is demanded at the time of trial. 17. Paragraph 17 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, William Freed, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 18. That Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 19. That Plaintiffs' alleged cause of action may be barred by the Pennsylvania Motor Vehicle Financial Responsibility Law and the limited tort option. 20. That Plaintiffs' alleged cause of action may be barred in whole or in part by the applicable statute of limitations. 21. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Plaintiffs' own comparative negligence and the Pennsylvania Comparative Negligence Act. 22. That if it should be found that there is any negligence on the part of Mr. Freed, which is denied, then in that event, any such negligence is not a factual cause of Plaintiffs' harm. 23. That Plaintiffs' alleged injuries may have been pre-existing. 4 24. That Plaintiffs may have failed to mitigate their alleged injuries. 25. That Plaintiffs' alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. 26. Defendant, William Freed's acts or omissions may not constitute negligence pursuant to the defense of sudden medical emergency. WHEREFORE, Defendant, William Freed, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfull mitte , JOH ON, DUFFIE, TEWA T & WEIDNER Y: ohn A cy, Esquire Attor e D. No. 203948 301 arket Street P. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com Date: June 12, 2014 Counsel for Defendant, William Freed 5 VERIFICATION I, William Freed, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer with New Matter to Plaintiffs' Complaint; 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.A. §4904, relating to unsworn falsification to authorities. � )-I OP/ & i;r— WILLIA EED Dated: IL , 2014 . s CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer with New Matter to Plaintiffs' Complaint has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 12, 2014, as follows: Timothy Salvatore, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Counsel for Plaintiffs JOHNS,ON, DUF E, STEWART & WEIDNER BY: John Lucy, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTX, CP LAW r �, Karen and Robert Nailor, Plaintiffs v. William Freed, Defendant PENNSYLVANIA CIVIL ACTION — NO. 13-7132 c-? G V :Z .: JURY TRIAL DEMANDED REPLY TO NEW MATTER 18.-26. These paragraphs contain conclusions of law to which no response is required. To the extent that a response is required, the allegations contained in these paragraphs are denied generally pursuant to Pa.R.C.P. 1029. Date: Respectfully submitted, Katherman, Bri: i,.� reenberg ////%//%% /j Timoth /►+., ore, Esquire Attorne c* .. PA 77398 7 East.pi- / treet ty York, P `p 01 717-848 p :38 Tele 717-854-9172 Fax Attorney for the Plaintiff . N VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. • Date: • , v,„,,ayguieR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 13-7132 JURY TRIAL DEMANDED Karen and Robert Nailor, Plaintiffs v. William Freed, Defendant CERTIFICATE OF SERVICE On this day, the attached Reply to New Matter was sent by ❑first-class mail/Ccsimile transmission/❑electronic delivery/❑personal delivery/❑commercial overnight delivery to the following: John A. Lucy, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Fax No. (717) 761-3015 I certify that the foregoing is true and correct subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date: Katherma �Greenber ,viii/ Ti oth„��� y t7"' *tore, Esq. r- Attorney !!i/'Ji . PA 77398 7 East. /r Street York, P , 7401 (717)-8, '-3838 Tele (717) 854-9172 Fax FfLED-OFFICE F THE PROTHONOTARY CERTIFICATE 2014 JUL 2t1 P1112: 4 PREREQUISITE TO SERVICE OF A suBpogitikBERLAND COUNTY PENNSYLVANIA PURSUANT TO RULE 4009.22 IN THE MAI 1ER OF: Court of Common Pleas - Cumberland County, PA KAREN AND ROBERT NAILOR vs. TERM: WILLIAM FREED CASE No: 13-7132 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOHN LUCY 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 : 07/23/2014 RecordTrak on behalf of /S/ JOHN LUCY Attorney for Defendant RT#: 269048 RECORDS PERTAIN TO: KAREN L. NAILOR KAREN AND ROBERT NAILOR COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: WILLIAM FREED DOCKET: 13-7132 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: TIMOTHY SALVATORE KATHERMAN, BRIGGS & GREENBERG L.L.P. 7 EAST MARKET ST YORK, PA 17401 (717) 854-9172 July 2, 2014 Please take notice that on behalf of JOHN L UCY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until July 22, 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 22, 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 1 DENTAL HEALTH OF SLIVER SPRING 2 YORK ENDODONTICS 3 OAKWOOD CANCER CENTER 4 YORKGITIS & GRIENEISEN 5 CARLISLE REGIONAL MEDICAL CENTER (MED) 6 CARLISLE REGIONAL MEDICAL CENTER (RAD) 7 RITE AID CORPORATION (EMP) 8 MASLAND ASSOCIATES 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: KAREN AND ROBERT NAILOR COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: WILLIAM FREED DOCKET: 13-7132 YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: Page 2 RT: 269048.1 f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No: 13-7132 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DENTAL HEALTH OF SLIVER SPRING (Name of Person or Endty) 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. at 651 Allendale Road King 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 ISSUE:) AT THE REQUEST OF THE FOLLOWING PERSON: Name: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant t t DATE: „ i D,'1� Seal of the Court Prothonotary c___4624.4....2 RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 1 LOCATION: DENTAL HEALTH OF SLIVER SPRING RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** KAREN LYNN NAILOR, RECORDS FROM X/X/XX TO PRESENT X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** KAREN LYNN NAILOR, RECORDS FROM X/X/XX TO PRESENT RT: 269048.2 c:. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR v. WILLIAM FREED File No:13-7132 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: YORK ENDODONTICS (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. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoeni together with the certificate of compliance, to the party making tbls 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 yon fail to produce the documents or things required by this subpoena within twenty (20) days ante' 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, JOHN LUCY Address; 651 Allendale Road King of Prussia PA 19406 Telephone: (800)220-1291 Supreme Court DM Attorney for: Defendant DATE: `. `''l ,0 l c' BY THE COURT: Seal of the Court Prothonotary RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 2 LOCATION: YORK ENDODONTICS RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** KAREN LYNN NAILOR DOB XX/XX/XX, SS# XXX-XX-XXXX, RECORDS FROM X/X/XX TO PRESENT X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** KAREN LYNN NAILOR DOB XX/XX/XX, SS# XXX-XX-XXXX, RECORDS FROM X/X/XX TO PRESENT RT: 269048.3 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No:13-7132 SUBPOENA TO PRODUCE DOCUMENT'S OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: OAKWOOD CANCER 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: See attached rider. at 651 Allendale Road King 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 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800.1 220-1291 Supreme Court ID# Attorney for: Defendant DATE: 7 mkt Seal of the Court BY THE COURT: RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 3 LOCATION: OAKWOOD CANCER CENTER RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED X/X/XX TO PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED X/X/XX TO PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** RT: 269048.4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No: 13-7132 SUBPOENA TOP ' ODUCE DOC NTS OR HINGS FOR DISCOV PURSUANT TO RULE 4009.22 TO: YORKGITIS & GRIENEIS:EN (Name of Person or Entity) Within twenty (24) 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 King 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 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: RccordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (8001220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: 744/ Seal of die Court Prothonotary RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 4 LOCATION: YORKGITIS & GRIENEISEN RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION X/X/XX TO PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PA I IN,NTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS X/X/XX TO PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ***INCLUDING BUT NOT LIMITED TO THE RECORDS OF DR. WAYNE YORKGITIS AND DR. ANTHONY GRIENEISEN* * * RT: 269048.5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No: 13-7132 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL 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: See attached rider. at 651 Allendale Road King 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 produdng the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days Ott 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, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: 7/0 /4( Seal of the Court 124LaLl Prothonotary L e RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 5 LOCATION: CARLISLE REGIONAL MEDICAL CENTER (MED) RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED X/X/XX TO PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PA 'TENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** RT: 269048.6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No: 13-7132 SUBPOENA TO PRODUCE DOCUMENTS OR THING}5 FOR_DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER (Name of Person or Endty) 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. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mall 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 produdng the things sought. If you fall 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, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 Supreme Court ID# Attorney for: Defendant DATE: 7% Seal of the Court BY THE COURT: RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 6 LOCATION: CARLISLE REGIONAL MEDICAL CENTER (RAD) RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED X/X/XX TO PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** RT: 269048.7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No: 13-7132 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: RITE AID CORPORATION (EMP) (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. at 651 Allendale Road King 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 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 FOLLOWJNG PERSON: Name: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: 47. y . Prothonotary L.f./244Sel�Ls Seal of the Court RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 7 LOCATION: RITE AID CORPORATION (EMP) RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ANY AND ALL RECORDS IN YOUR POSSESSION DATED X/X/XX TO PRESENT INCLUDING APPLICATIONS, RESUMES, POSITIONS HELD, PAYROLL RECORDS, PERFORMANCE EVALUATIONS, ATTENDANCE RECORDS, WORKERS COMPENSATION RECORDS, EMPLOYEE HEALTH RECORDS, MEDICAL OR DISABILITY CLAIM/BENEFIT RECORDS, WORK RELATED ACCIDENT REPORTS, INSURANCE RECORDS, AND PENSION RECORDS. RT: 269048.8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No: 13-7132 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MASLAND 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: See attached rider. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requestedl'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, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 '.'elephone: (800) 220-1291 Supreme Court ID# Attorney for: Defendant DATE: 7/ / Seal of the Court BY THE COURT: RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 8 LOCATION: MASLAND ASSOCIATES RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED X/X/XX TO PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PA11hNTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS DATED X/X/XX TO PRESENT. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * CERTIFICATE 23 i ti 0C j 27 i'i'i 1: 13 PREREQUISITE TO SERVICE OF A SU PiO_•,�e fir. lsA'<+ PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA KAREN AND ROBERT NAILOR vs. TERM: WILLIAM FREED CASE No: 13-7132 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOHN LUCY 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 : 10/22/2014 RecordTrak on behalf of /S/ JOHN LUCY Attorney for Defendant RT#: 269048 RECORDS PERTAIN TO: KAREN L. NAILOR KAREN AND ROBERT NAILOR vs. WILLIAM FREED NOTICE OF INTENT TO TO: TIMOTHY SALVATORE KATHERMAN, BRIGGS & GREENBERG L.L.P. 7 EAST MARKET ST YORK, PA 17401 COURT: Court Of Common Pleas - Cumberland County, Pa TERM: DOCKET: 13-7132 SERVE A SUBPOENA TO PRODUCE DOCUMENTS (717) 854-9172 October 1, 2014 Please take notice that on behalf of JOHN LUCY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until October 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 October 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 14 RECORD CUSTODIAN PENN REHABILITATION ASSOCIATION, P.C. 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: FIRM: EMAIL: Date: RT: 269048.14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No:13-7132 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENN REHABILITATION ASSOCIATION, F.C. (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. at 651 Allendale Road King 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 fall 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, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (001220-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant DATE: 1© Seal of the Court i Thetc4:144:1 Prothonotary RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 14 LOCATION: PENN REHABILITATION ASSOCIATION, P.C. RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION DATED X/X/XXXX TO PRESENT. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, RADIOLOGY REPORTS, PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen and Robert Nailor, CIVIL ACTION - LAW Plaintiffs v. NO. 13-7132 William Freed Defendant C;‘, JURY TRIAL DEMANDEDCP CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant and things pursuant to Rule 4009.22, Plaintiffs certify that: DATE: 1. A Notice of Intent to Serve the Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to Defendant's counsel at least twenty days prior to the day 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. Defendant's counsel has waived the twenty (20) day notice per the attached email; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. Respectfully Submitted, KATHERMAN, BRIGGS! 1REENBERG, l4j/atore Esquire +o.: PA 77398 110 tie - irge Street Yor \ d17401 Phone 17-848-3838 BY: Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen and Robert Nailor, v. William Freed, Plaintiffs Defendant CIVIL ACTION - LAW NO. 13-7132 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. DATE: Respectfully Submitted, KATHERMAN, BRIGGS BY: �I/%%.%%' T' • '�'r ../41 ' atore Esquire Attorn;//'o.: PA 77398 110 N. [ �ge Street York, .: j7401 Phone: 717-848-3838 Fax: 717-854-9172 Attorney for Plaintiffs ERG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen and Robert Nailor, CIVIL ACTION - LAW Plaintiffs v. NO. 13-7132 William Freed, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Good Hope Family Physicians ATTENTION: MEDICAL RECORDS 1830 Good Hope Road Enola, PA 17025 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all treatment notes, letters, reports, test results and other records in your possession regarding the examination and treatment of William Freed for the period of 01/012010 through present. at KATHERMAN, BRIGGS & GREENBERG, Timothy L. Salvatore, Esq., 110 N. George Street, York. PA 17401 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: Timothy L. Salvatore, Esquire, Attorney ID No.: 77398, KATHERMAN, BRIGGS & GREENBERG, 110 N. George Street, York, PA 17401, 717-848-3838 Tele, 717-854-9172 FAX 717-854-9172 DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen and Robert Nailor, CIVIL ACTION - LAW Plaintiffs v. NO. 13-7132 William Freed, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Gerald V. Naccarelli, MD Milton S. Hershey Medical Center Health Information Services Mail Code HU24 PO Box 850 Hershey, PA 17033-0850 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all treatment notes, letters, reports, test results and other records in your possession regarding the examination and treatment of William Freed for the period of 01/01/2010 through present. at KATHERMAN, BRIGGS & GREENBERG, Timothy L. Salvatore, Esq., 110 N. George Street, York, PA 17401 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: Timothy L. Salvatore, Esquire, Attorney ID No.: 77398, KATHERMAN, BRIGGS & GREENBERG, 110 N. George Street, York, PA 17401, 717-848-3838 Tele, 717-854-9172 FAX 717-854-9172 DATE: BY THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA Karen and Robert Nailor, Plaintiffs v. William Freed, Defendant CIVIL ACTION - LAW NO. 13-7132 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this "day of October, 2014, I hereby certify that the Plaintiffs' Notice of Intent to Serve Subpoenas, along with a copy of each Subpoena, in the above captioned were mailed by United States First Class mail, postage prepaid, to: DATE: John A. Lucy, Esquire Johnson Duffie PO Box 109 Lemoyne PA 17403 BY:. ,;/ ,4,x,4- r�1r''. r� � <=±ter Timothy L. Salvatore 110 f rge Street York, P 17401 Phone: 717-848-3838 Fax: 717-854-9172 uase Note - Facie /v or /v Date: 10/10/2014 04:31 PM Staff: TLS Topic: E -Mail From: John A. Lucy To: Salvatore, Timothy CC: Connie S. Fritz Subject Nailor v. Freed Date Received; 10/10/2014 1:21:22 PM Tim — I received your letter of October 9th. We waive the 20 day notice. Please provide a copy of the records once received. I will also have Mr. Freed sign and retum the authorization. John Lucy John A. Lucy Attorney Johnson, Duffle, Stewart & Weidner 301 Market Street — P.O. Box 109 Lemoyne, PA 17043-0109 Email: jalgjdsw.com Phone: 717.761.4540 — Fax: 717.761.3015 For more information about our comprehensive services, please visit our website at www.jdsw.com <http://www.jdsw.com/> This communication, along with attachments, contains information that is protected by the attorney/client and/or other privileges and is considered confidential. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. It constitutes non-public information intended to be delivered only to the designated recipient. This communication is also protected from disclosure under applicable law. If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient or you believe that you have received this communication in error, please notify the sender immediately by return e-mail. The email should also be promptly deleted. Any review, retransmission, dissemination or duplication of this e-mail and/or attachments, will be considered unauthorized use and is prohibited. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen and Robert Nailor CIVIL ACTION - LAW Plaintiffs v. NO. 13-7132 William Freed, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 'Z,rday of 0,04-A 2014, I hereby certify that the Certificate Prerequisite in the above captioned were transmitted by email to the following: DATE: /6/2-‘7,7,0/47/9 John A, Lucy Johnson Duffle PO Box 109 Lemoyne PA 17043 jal@jdsw.com BY: v„/(_„ Melinda Hill Valan Paralegal for Timothy L. Salvatore 110 N. George Street York, PA 17401 Phone: 717-848-3838 Fax: 717-854-9172 CERTIFICATE 411 `i•, ',. t„ ,1*REQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KAREN AND ROBERT NAILOR vs. WILLIAM FREED Court of Common Pleas - Cumberland County, PA TERM: CASE No: 13-7132 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOHN LUCY 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 : 01/07/2015 RecordTrak on behalf of /S/ JOHN LUCY Attorney for Defendant RT#: 269048 RECORDS PERTAIN TO: KAREN L. NAILOR KAREN AND ROBERT NAILOR : COURT: Court Of Common Pleas - Cumberland County, Pa vs. •TERM: WILLIAM FREED : DOCKET: 13-7132 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: TIMOTHY SALVATORE KATHERMAN, BRIGGS & GREENBERG L.L.P. 7 EAST MARKET ST YORK, PA 17401 (717) 854-9172 December 15, 2014 Please take notice that on behalf of JOHN LUCY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until January 5, 2015 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 January 5, 2015 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 15 ENCOMPASS INSURANCE Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: 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: 269048.15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KAREN AND ROBERT NAILOR V. WILLIAM FREED File No:13-7132 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ENCOMPASS INSURANCE (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. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies of the documents or produce things requested by this subpoena together with the certlflcate 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, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (8001 220-1291 BY THE COURT: Supreme Court ID# Attorney for: DefE&d its" ,• Prothonotary DATE; TI Puffi,ce S cal of the Court 15 RE: KAREN AND ROBERT NAILOR vs. WILLIAM FREED CASE NO. 13-7132 RECORDTRAK FILE #: 269048; TAG 15 LOCATION: ENCOMPASS INSURANCE RECORDS PERTAIN TO: KAREN L. NAILOR SS #: , DOB: X . ANY AND ALL INSURANCE CLAIM RECORDS INCLUDING, BUT NOT LIMITED TO, FIRST PARTY FILE, TORT WAIVER FORMS, DEC SHEETS, MEDICAL SPECIALS, MPC AND PIP LOGS, PAYOUT LOGS, PHOTOGRAPHS, INVESTIGATION MATERIALS, STATEMENTS AND YOUR ENTIRE FIRST PARTY FILE PERTAINING TO FOR KAREN NAILOR DOB XX/XX/XXXX, CLAIM NO. XZXXXXXXXXX