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HomeMy WebLinkAbout14-1446 Supreme Co» � of- Pennsylvania Cour "' Pl eas For Prothonotary Use Only: Cb � r y CnveriS�heet Docket No: Cufiberland County 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 papers as required by law or rules of court. Commencement of Action: El Complaint 0 Writ of Summons 0 Petition 'S Transfer from Another Jurisdiction 0 Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C John Flathmann Brandon M. Ford T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) El outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes [91 No Is this an MDJAppeal? 0 Yes [M No A Name of Plaintiff/Appellant's Attorney: Lee D. Rosenfeld, Esquire 0 Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant) Nature ofthe Case Place. an 'W', 'to the left -of the ONE case category that most accurately describes. your PRIMARY CASE If you are "making more than ond.type of claim check the one that ... . i, you consider;most important.': TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment El Motor Vehicle 0 Debt Collection: Other 0 Board of Elections ' Nuisance ® Dept. of Transportation Premises Liability l Statutory Appeal: Other 1 S 0 Product Liability (does not include 0 Employment Dispute: mass tort) €; E Discrimination } ®Slander/Libel /Defamation (3 Employment Dispute: Other 0 Zoning Board C ® Other: JT 0 Other: I 0 Other: MASS TORT ® Asbestos -N: 0 Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration 0 Other: 0 Eminent Domain/Condemnation Declaratory Judgment i .B : 0 Ground Rent Mandamus i 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto i ® 0 Dental [3 Partition Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: l f .. Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA John Flathmann Court of Common Pleas . Cumberland County Plaintiff c - -rl. • tz3 �- vs M m M r� Brandon M. Ford, et al. • N o . Iq- IyII6 cz`'v�� C= Defendant - Z C o r-a 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 71.7- 249 -3166 7 MESSA &. ASSOCIATES, P.C. JURY TRIAL DEMANDED By: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Attorney I.D. Nos. 76081 / 309132 Attorneys for the Plaintiff 123 South 22nd Street Philadelphia, PA 19103 (215) 568 -3500 / FAX: (215) 568 -3501 JOHN FLATHMANN COURT OF COMMON PLEAS 472 Waterleaf Court CUMBERLAND COUNTY Mechanicsburg, PA 17050 Plaintiff, NO. l yq6 V. BRANDON M. FORD 203 Westview Drive Mechanicsburg, PA 17055 and CAROL J. FORD 203 Westview Drive Mechanicsburg, PA 17055 and MICHELLE BARCZAK 6055 Edward Drive Mechanicsburg, PA 17055 and TERESITA BARCZAK 6055 Edward Drive Mechanicsburg, PA 17055 Defendants. CIVIL ACTION — COMPLAINT Plaintiff, John Flathmann, by and through his undersigned counsel, by way of Complaint, hereby states the following: 1. Plaintiff, John Flathmann is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at the above - captioned address, who at all times relevant hereto owned and operated a 2003 Mercedes Benz bearing Pennsylvania license plate number HWJ8902 (hereafter " Flathmann vehicle "). 2. Defendant Brandon M. Ford is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at the above - captioned address, who at all times relevant hereto operated and /or owned, managed, maintained, inspected and /or controlled a 2008 Honda Pilot bearing Pennsylvania license plate number ETR3816 (hereafter "Ford vehicle ") in the course and scope of his employment and /or agency with Defendant Carol J. Ford. 3. Defendant Carol J. Ford is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at the above - captioned address, who at all times relevant hereto owned, managed, maintained, inspected and /or controlled the Ford vehicle, and acted or failed to act through her agents, servants, workmen, employees, contractors and /or sub - contractors, which included Brandon M. Ford. 4. Defendant Michelle Barczak is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at the above - captioned address, who at all times relevant hereto operated and /or owned, managed, maintained, inspected and /or controlled a 2000 Nissan Altima bearing Delaware license plate number 669318 (hereafter "Barczak vehicle ") in the course and scope of her employment and/or agency with Defendant Teresita Barczak. 5. Defendant Teresita Barczak is an adult individual and resident of the Commonwealth of Pennsylvania, residing therein at the above - captioned address, who at all times relevant hereto owned, managed, maintained, inspected and /or controlled the Barczak vehicle, and acted or failed to act through her agents, servants, workmen, employees, contractors and/or sub - contractors, which included Michelle Barczak. 6. On July 30, 2012, Plaintiff John Flathmann was driving the Flathmann vehicle on South 32nd Street in Camp Hill, Pennsylvania and stopped in traffic when he was forcefully struck in the rear by the Barczak vehicle. 7. Prior to this or contemporaneous with said collision, the Barczak vehicle was struck in the rear by the Ford vehicle. 8. As a direct and proximate result of the aforesaid incident and not through any act or omission of his own, Mr. Flathmann was caused to suffer serious and permanent bodily injuries including but not limited to closed head injuries, post- concussion syndrome, traumatic brain injury, cephalgia, shoulder injuries requiring surgical repair, cervicalgia, and lumbar spine sprain/strain. 9. As a direct and proximate result of the aforesaid incident and not through any act or omission of his own, Mr. Flathmann has suffered and will continue to suffer great pain and suffering, depriving him of life's enjoyment and pleasures. 10. As a direct and proximate result of the aforesaid incident and not through any act or omission of his own, Mr. Flathmann has and will in the future continue to spend large sums of money for medicine and medical care in and about an effort to cure his aforesaid injuries. 11. As a direct and proximate result of the aforesaid incident and not through any act or omission of his own, Mr. Flathmann has and will in the future be unable to perform his usual daily duties and avocations, all to his great detriment and loss. 12. As a direct and proximate result of the aforesaid incident and not through any act or omission of his own, Mr. Flathmann has and will in the future suffer a loss of earnings and an impairment of earning capacity and power. COUNT JOHN FLATHMANN v. BRANDON M. FORD NEGLIGENCE 13. Plaintiff John Flathmann incorporates herein by reference all above paragraphs as fully as if set forth at length below. 14. At all relevant times hereto, the negligence and carelessness exhibited by Defendant Brandon M. Ford, in the course and scope of his agency and /or employment with Defendant Carol J. Ford consisted of the following: (a) Operating the Ford vehicle in a negligent and careless manner; (b) Operating the Ford vehicle at a high and excessive rate of speed under the circumstances; (c) Failing to have the Ford vehicle under proper and adequate control at the time and place aforesaid; (d) Failing to give proper and sufficient approach of the Ford vehicle; (e) Operating the Ford vehicle without due regard for the rights, safety and position of the Plaintiff herein at the time and place aforesaid; (f) Failing to maintain a clear distance between the Ford vehicle and the Barczak vehicle; (g) Disregarding the various statutes of the Commonwealth of Pennsylvania; and (h) Causing the Ford vehicle to strike the Barczak vehicle which collided with the Flathmann vehicle. WHEREFORE, Plaintiff John Flathmann demands judgment against Defendant Brandon M. Ford for an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest thereon and costs. COUNT II JOHN FLATHMANN v. CAROL J. FORD NEGLIGENCE 15. Plaintiff John Flathmann incorporates herein by reference all above paragraphs as fully as if set forth at length below. 16. At all relevant times hereto, the negligence and carelessness exhibited by Defendant Carol J. Ford by and through her agents, servants, workmen, employees, contractors and /or sub - contractors in the course and scope of their employment and /or agency, including Defendant Brandon M. Ford, consisted of the following: (a) Operating the Ford vehicle in a negligent and careless manner; (b) Operating the Ford vehicle at a high and excessive rate of speed under the circumstances; (c) Failing to have the Ford vehicle under proper and adequate control at the time and place aforesaid; (d) Failing to give proper and sufficient approach of the Ford vehicle; (e) Operating the Ford vehicle without due regard for the rights, safety and position of the Plaintiff herein at the time and place aforesaid; (f) Failing to maintain a clear distance between the Ford vehicle and the Barczak vehicle; (g) Disregarding the various statutes of the Commonwealth of Pennsylvania; (h) Causing the Ford vehicle to strike the Barczak vehicle which then collided with the Flathmann vehicle; (i) Hiring Defendant Brandon M. Ford to operate her motor vehicle when she knew or should have known that he was someone with a history of driving negligently and /or carelessly; and (j) Allowing Defendant Brandon M. Ford to operate her motor vehicle when she knew or should have known that he was someone with a history of driving negligently and /or carelessly. WHEREFORE, Plaintiff John Flathmann demands judgment against Defendant Carol J. Ford for an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest thereon and costs. COUNT III JOHN FLATHMANN v. MICHELLE BARCZAK NEGLIGENCE 17. Plaintiff John Flathmann incorporates herein by reference all above paragraphs as fully as if set forth at length below. 18. At all relevant times hereto, the negligence and carelessness exhibited by Defendant Michelle Barczak, in the course and scope of her agency and /or employment with Defendant Teresita Barczak consisted of the following: (a) Operating the Barczak vehicle in a negligent and careless manner; (b) Operating the Barczak vehicle at a high and excessive rate of speed under the circumstances; (c) Failing to have the Barczak vehicle under proper and adequate control at the time and place aforesaid; (d) Failing to give proper and sufficient approach of the Barczak vehicle; (e) Operating the Barczak vehicle without due regard for the rights, safety and position of the Plaintiff herein at the time and place aforesaid; (f) Failing to maintain a clear distance between the Barczak vehicle and the Flathmann vehicle; (g) Disregarding the various statutes of the Commonwealth of Pennsylvania; and (h) Causing the Barczak vehicle to strike the Flathmann vehicle. WHEREFORE, Plaintiff John Flathmann demands judgment against Defendant Michelle Barczak for an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest thereon and costs. COUNT IV JOHN FLATHMANN v. TERESITA BARCZAK NEGLIGENCE 19. Plaintiff John Flathmann incorporates herein by reference all above paragraphs as fully as if set forth at length below. 20. At all relevant times hereto, the negligence and carelessness exhibited by Defendant Teresita Barczak by and through her agents, servants, workmen, employees, contractors and /or sub - contractors in the course and scope of their employment and /or agency, including Defendant Michelle Barczak, consisted of the following: (a) Operating the Barczak vehicle in a negligent and careless manner; (b) Operating the Barczak vehicle at a high and excessive rate of speed under the circumstances; (c) Failing to have the Barczak vehicle under proper and adequate control at the time and place aforesaid; (d) Failing to give proper and sufficient approach of the Barczak vehicle; (e) Operating the Barczak vehicle without due regard for the rights, safety and position of the Plaintiff herein at the time and place aforesaid; (f) Failing to maintain a clear distance between the Barczak vehicle and the Flathmann vehicle; (g) Disregarding the various statutes of the Commonwealth of Pennsylvania; (h) Causing the Barczak vehicle to strike the Flathmann vehicle; i d (i) Hiring Defendant Michelle Barczak to operate her motor vehicle when she knew or should have known that she was someone with a history of driving negligently and/or carelessly; and (j) Allowing Defendant Michelle Barczak to operate her motor vehicle when she knew or should have known that she was someone with a history of driving negligently and /or carelessly. WHEREFORE, Plaintiff John Flathmann demands judgment against Defendant Teresita Barczak for an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus interest thereon and costs. MESSA AND AS OCIATES, P.C. By: LEE D. ROS ELD, ESQUIRE MATTHEW Y. RONG, ESQUIRE Attorneys for the Plaintiff Dated: March 10, 2014 ............. . ............ . Fax: Jan 2 2013 02:16pn P005/012 John Flathmann , Phintiffhexeba ii - nkes this Verification and states that the statements trotade in then #'ompiug am twe aid corset to the hest of his/her laxowletige, in fomatioa, and belio The mtdwsigned und6r� tat th i the state eats thr, :in, are )nado sulsjod to to penalties of 18 'a. C &A, §4404 relafmgto uusluum Nsif:oatiout �, thM"';e3 03/07/2014 Dated: gj MESSA & ASSOCIATES, P.C. By: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Attorney I.D. Nos. 76081 / 309132 123 South 22nd Street Philadelphia, PA 19103 (215) 568 -3500 / FAX: (215) 568 -3501 JOHN FLATHMANN 472 Waterleaf Court Mechanicsburg, PA 17050 v. BRANDON M. FORD 203 Westview Drive Mechanicsburg, PA 17055 and CAROL J. FORD 203 Westview Drive Mechanicsburg, PA 17055 and MICHELLE BARCZAK 6055 Edward Drive Mechanicsburg, PA 17055 and TERESITA BARCZAK 6055 Edward Drive Mechanicsburg, PA 17055 Plaintiff Defendants JURY TRIAL DEMANDED Attorneys for the Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 14 -1446 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above - captioned matter. MESSA & ASSOCIATES, P.C. Dated: April 17, 2014 By: Lee osenfel Attorney for Plaintiff -v CS) r, -- c: C) Ck� 94:blo 21� zo9 61 s Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY riLEU-Or F !CE }ti.. HE PROTHONO TAt- ) 2014,1A1-7 Atilt: JO CUMBERLAND COUNTY PENNSYLVANIA hE SmERIFF John Flathmann vs. Brandon M Ford (et al.) Case Number 2014-1446 SHERIFF'S RETURN OF SERVICE 04/25/2014 05:28 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themse s to be the Defendant, to wit: Michelle Barczak at 5325 Oxford Drive Apt. 117, Lower Allen, Mecha .csburg, PA 17055. ILLIAM CLINE, DEPUTY 04/25/2014 05:28 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Michelle Barcrak, Daughter, who accepted as "Adult Person in Charge" for Teresita Barczak at 5325 Oxfor Drive Apt. 117, Lower Allen, Mechanicsburg, PA 17055. 'WILLIAM CLINE, DEPUTY 04/29/2014 08:47 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Carol Ford, Mother, who accepted as "Adult Person in Charge" for Brandon M Ford at 203 Westview Drive, Monroe Township, Mechanicsburg, PA 17055. d✓ I JASO KINS R, DEPUTY 7? 04/29/2014 08:47 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Carol J Ford at 203 Westview Drive, Monroe Township, Mechanicsburg, PA 17055. JASO VINSL R, EPUTY SHERIFF COST: $98.60 SO ANSWERS, April 30, 2014 RONO R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, iec. Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Luisa_F_Borelli@Progressive.com Our File #122735418-001 Attorney for Defendants Michelle Barczak and Teresita Barczak JOHN FLATHMANN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY BRANDON M. FORD AND CAROL J. FORD : 14-1446 AND MICHELLE BARCZAK AND TERESITA BARCZAK ENTRY OF APPEARANCE V. TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Michelle Barczak and Teresita Barczak, in the above -captioned matter. Law Offices of Hubshman, Flood & Bullock By: , 6,csit. uisa F Borelli, Esquire Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendants, Brandon M. Ford and Carol J. Ford, in the above -captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Dated: May 21, 2014 ROBERT A. LERMAN, ESQUIRE Supreme Court I.D. #07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. Civil Action - Law No. 14-1446 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 21st day of May, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY obert A. Lerman, Esquire PA#07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Our File #122735418-001 JOHN FLATHMANN V. BRANDON M. FORD AND CAROL J. FORD AND MICHELLE BARCZAK AND TERESITA BARCZAK Attorney for Defendants, Michelle Barczak and Teresita Barczak : COURT OF COMMON PLEAS : CUMBERLAND COUNTY ,n rn :-zn - M �r- C) c) : 14-1446 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Michelle Barczak and Teresita Barczak, hereby demands trial by eight (8) jurors. Law Offices of Hubshman, Flood & Bullock By: Luis.. Borelli, Esquire Attorney for Defendants NOTICE TO PLEAD TO: Plaintiff and Co -Defendants You are hereby notified to file a written response to the enclosed Answer with New Matter and Crossclaim within twenty (20) days from service hereof or a judgment may be entered against you. By: L . Borelli, Esquire Attorney for Defendants Michelle Barczak and Teresita Barczak Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Our File #122735418-001 JOHN FLATHMANN V. BRANDON M. FORD AND CAROL J. FORD AND MICHELLE BARCZAK AND TERESITA BARCZAK CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their attorneys by: regular mail ❑ certified mail ❑ ot. lectronic Filing Lu o . Borelli, Esquire At orney for Defendants Michelle Barczak and Teresita Barczak Attorney for Defendants, Michelle Barczak and Teresita Barczak C.) P : COURT OF COMMON PLEAS J� : CUMBERLAND COUNT C./7r- -‹ `' : 14-1446 DEFENDANTS, MICHALLE BARCZAK AND TERESITA BARCZAK'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIM PURSUANT TO Pa. R.C.P. 1031.1 1-3. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 4-5. Admitted. 6-7. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 8-12. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. Further, the answering defendants have no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff's Complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. COUNT I JOHN FLATHMANN v. BRANDON M. FORD NEGLIGENCE 13. Answering defendant incorporates by reference, paragraphs 1 through 12, inclusive, of his Answer to plaintiff's Civil Action Complaint as fully as though the same were herein set forth at length. 14. The allegations contained in the corresponding paragraph are not directed to the answering defendants, consequently, no response is required. WHEREFORE, answering Defendants demand judgment in their favor, together with costs, and against all parties, along with such other relief as this Honorable Court deems appropriate. COUNT II JOHN FLATHMANN v. CAROL J. FORD NEGLIGENCE 2 15. Answering defendants incorporate by reference, paragraphs 1 through 14, inclusive, of their Answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 16. The allegations contained in the corresponding paragraph are not directed to the answering defendants, consequently, no response is required. WHEREFORE, answering Defendants demand judgment in their favor, together with costs, and against all parties, along with such other relief as this Honorable Court deems appropriate. COUNT III JOHN FLATHMANN v. MICHELLE BARCZAK NEGLIGENCE 17. Answering defendants incorporate by reference, paragraphs 1 through 16, inclusive, of their Answer to plaintiffs Civil Action Complaint as fully as though the same were herein set forth at length. 18. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. WHEREFORE, answering Defendants demand judgment in their favor, together with costs, and against all parties, along with such other relief as this Honorable Court deems appropriate. COUNT IV JOHN FLATHMANN v. TERESITA BARCZAK NEGLIGENCE 3 19. Answering defendants incorporate by reference, paragraphs 1 through 18, inclusive, of their Answer to plaintiff's Civil Action Complaint as fully as though the same were herein set forth at length. 20. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. WHEREFORE, answering Defendants demand judgment in their favor, together with costs, and against all parties, along with such other relief as this Honorable Court deems appropriate. NEW MATTER 21. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 22. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. Section 1701 et seq. as amended (hereinafter PMVFRL). Further, the defendant hereby asserts all of the defenses, limitations and immunities available pursuant to said law. 23. Pursuant to the applicable provisions of the PMVFRL, plaintiff is precluded from pleading, introducing into evidence, proving or recovering the amount of benefits paid or payable under said law. 24. Plaintiff has elected the limited tort alternative, and plaintiff's alleged injuries are not serious as defined by the PMVFRL; consequently, plaintiff is precluded from recovering damages for pain and suffering by the applicable provisions of that law. 25. Plaintiff is the owner of a currently registered motor vehicle and do not have financial responsibility as defined by the PMVFRL. Further, plaintiff's alleged injuries are not 4 serious as defined by that law; consequently, plaintiff is precluded from recovering damages for pain and suffering by the applicable provisions of that law. 26. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. 27. It is further averred that if the plaintiff suffered any injuries and/or damages as alleged, they were caused solely and primarily by plaintiff's own carelessness, recklessness and negligence. 28. By his actions on the date, time and place stated in plaintiffs Complaint, plaintiff did assume the risk of any and all injuries and/or damages which plaintiff alleges to have suffered. 29. If there is a legal responsibility for the damages set forth in plaintiff's Complaint, then the responsibility is that of other individuals and/or entities over whom the defendants have no control. Plaintiffs injuries and damages as alleged were not caused in any manner whatsoever by the defendant. 30. Plaintiffs claims are barred by the applicable Statute of Limitations. 31. Plaintiffs claims are barred in whole or in part by the doctrine of res judicata and/or the doctrine of collateral estoppel. 32. In the event that the plaintiff requests damages for delay pursuant to Pa. R.C.P. 238, answering defendants challenge the applicability and constitutionality of said rule, and places same at issue. 33. Defendants are entitled to a set off and/or a molded verdict reflecting any amounts that Plaintiff may receive from an Underinsured Motorist settlement prior to a verdict being reached in a third -party trial. 5 WHEREFORE, defendant requests that Plaintiff's Complaint be dismissed with prejudice, and that judgment be entered in favor of the defendants and against the plaintiff. NEW MATTER CROSS CLAIM PURSUANT TO Pa. R.C.P. 1031.1 DIRECTED TO CO- DEFENDANTS, CAROL J. FORD AND BRANDON M. FORD 34. Pursuant to the provisions of Pennsylvania R.C.P. 1031.1, the answering defendants assert that Co -Defendants, Carol J. Ford and Brandon M. Ford, are solely liable or are jointly and severally liable or are liable over to the answering defendants on the cause of action asserted by the plaintiff, due to their negligence, carelessness and/or recklessness; and therefore, Carol J. Ford and Brandon M. Ford, are severed and joined as additional defendants in this action. WHEREFORE, defendants, Carol J. Ford and Brandon M. Ford, are alone liable or jointly and severally liable for injuries or losses which plaintiff may have so sustained, and answering defendants demand judgment in their favor; however, if liability is imposed upon answering defendants, they demand that judgment be entered against the co-defendants, Carol J. Ford and Brandon M. Ford, for contribution and/or indemnity. DATE: BY: LAW OFFICES OF HUBSHMAN & FLOOD LUISA F. BORELLI, ESQUIRE Attorney for Defendants, Michelle Barczak and Teresita Barczak 6 VERIFICATION I, Luisa F. Borelli, Esquire, aver that I am the attorney for the Defendants, Michelle Barczak and Teresita Barczak, in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Luisa F. Borelli, Esquire 7 1.11 1 • 'I/ , ;,) 4 44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, VS. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. CERT IFICATE OF SERVICE AND NOW, this day of No. 14-1446 JURY TRIAL DEMANDED , 2014, 1, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendants, Brandon M. Ford and Carol J. Ford, to Defendant, Teresita Barczak, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) GRIFFITH, ST CAL BY: Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) ER, LERMAN, SOLYMOS & obert A. Lerman, Esquire PM 07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlermanagslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIN NNSYLVANIA JOHN FLATHMANN, Plaintiff, VS. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. CERTIFICATE OF SERVICE AND NOW, this day of May, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendants, Brandon M. Ford and Carol J. Ford, to Defendant, Teresita Barczak, Set No. 1 as indicated below, addressed to the party or attorney of record as follows: Civil Action - Law No. 14-1446 JURY TRIAL DEMANDED Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) Luisa F. Bore lli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) GRIFFITH, STRI LER, LERMAN, SOLYMOS & CALK BY: BERT A. LERMAN, ESUIRE PA# 07490 ttorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman@gslsc.com 1`ldirt`, °¢f�f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,'SYLVANIA JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. Civil Action - Law No. 14 -1446 JURY TRIAL DEMANDED JCER IFICATE OF SERVICE AND NOW, thisa Y of , 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendants, Brandon M. Ford and Carol J. Ford, to Defendant, Michelle Barczak, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) GRIFFITH, ST CALK BY: Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) LER, LERMAN, SOLYMOS & bert A. Lerman, Esquire PA# 07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717 - 757- 7602/717- 757 -3783 Fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND/COUNTY, PENNSYLVANIA JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. AND NOW, this Civil Action - Law No. 14 -1446 JURY TRIAL DEMANDED 114a-ay CERTIFICATE OF SERVICE of May, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendants, Brandon M. Ford and Carol J. Ford, to Defendant, Michelle Barczak, Set No. 1 as indicated below, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) GRIFFITH, STRIP/ LER, LERMAN, SOLYMOS & CAL j BY: BERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717 - 757- 7602/717- 757 -3783 Fax rlerman@gslsc.com gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND' COUNTY, PENNSYLVANIA JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. Civil Action - Law No. 14 -1446 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 28th day of May, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendants, Brandon M. Ford and Carol J. Ford, to Plaintiff, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) GRIFFITH, ST SO/ BY: Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) CKLER, LERMAN, OS & CALKINS ROBERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717- 757- 7602/717- 757 -3783 fax rlerman @gslsc.com 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL D■TANDED: Civil Action - Law No. 14 -1446 CERTIFICATE OF SERVICE AND NOW, this 28th day of May, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendants, Brandon M. Ford and Carol. J. Ford, to Plaintiff, Set No. 2 as indicated below, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22 "d Street Philadelphia, PA 19103 (Counsel for Plaintiff) Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) GRIFFITH, STRI i' LER, LERMAN, SOLYMOS & BY: CALK OBERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717 - 757- 7602/717 - 757 -3783 Fax rlerman@,gslsc.com (11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. Civil Action - Law No. 14 -1446 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 28th day of May, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendants, Brandon M. Ford and Carol J. Ford to Plaintiff, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and T Barczak) GRIFFITH, S CKLER, LERMAN, BY: SO O & CALK S OBERT A. LERM , ES • UIRE #PA07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717 - 757- 7602/717- 757 -3783 fax rlerman @gslsc.com 34 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. Civil Action - No. 14-1446 c`> Lal JURY TRIAL DEMANDED PRAECIPE TO AMEND PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY: Please find the attached Stipulation executed by counsel for Plaintiff and Defendants, Brandon M. Ford and Carol J. Ford. Bv: Dated: June 10, 2014 GRIFFITH, S CKLER, LERMAN, SO i OS & CALKINS RO ERT A. LERMAN, ESQUIRE, PA#07490 Attorneys for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD,. MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED STIPULATION TO AMEND PLAINTIFF'S COMPLAINT We, Lee D. Rosenfeld,' Esquire/Matthew Y. Rong, Esquire, counsel for Plaintiff, John Flathmann, and Robert A. Lerman, Esquire, counsel for Defendants, Brandon M. Ford and Carol J. Ford, hereby agree that Plaintiff's Complaint shall be amended to strike Paragraphs 14(g) and -r 16(g) from Plaintiff's Complaint. MESSA & ASSOCIATES, P.C. By: Lee D. Rosenfeld, Esquire ' A#76 ' 81 Matthew Y Rong, Esquire " ' 9132 Attorneys for Plaintiff 123 South 22nd Street Philadelphia, PA 19103 215-568-3500/215-568-3501 fax Lrosenfeld @nsessalaw,com. mrong@messalaw.com Dated:: C / 1 ./ GRIFFITH, ST SOL By:. ' i LER, LE S & CALKINS A‘61(11 obert A. Lerman, Esquire #07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gsls.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 10th day of June, 2014, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the PRAECIPE TO FILE STIPULATION TO AMEND PLAINTIFF'S COMPLAINT by United States Mail, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22"d Street Philadelphia, PA 19103 (Counsel for Plaintiffs) jml/fordbr-prp2 Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) GRIFFITH, S 'j CKLER, LERMA SOL OS & CALKINS BY Rob rt A. Lerman, Esquire, PA#07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlermanagslsc.com r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, VS. No. 14-1446 BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL DEMANDED To: John Flathmann, Plaintiff c/o Lee D. Rosenfeld, Esquire c7' Matthew Y. Rong, Esquire Messa& Associates, P.C. 123 South 22°1 Street Philadelphia, PA 19103 �=}" .i-" C7 NOTICE TO PLEAD CD You are hereby notified to file a written response to the enclosed New Matter wi hin- twenty,..(20) days from service hereof or a judgment ay be entered against you. GRIFFI , STRICKLER, ERMAN, LYMOS & C K By: BERT A. LERMAN, E§OUIRE PA#07490 Attorney for Defendants, Brandon'M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermanggslsc.com Dated: l U ,2014 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. No. 14-1446 BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL DEMANDED TO: Michelle Barczak, Defendant c/o Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood& Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter/Crossclaim within twenty (20) days from service hereof or a judg nt may be entered against you. GRIFFITH, RICKLER, LE AN, SO MOS & CAL S By: RO RT A. LERMAN, ESQUIRE PA#07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermanggslsc.com Dated: 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action- Law Plaintiff, vs. No. 14-1446 BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL DEMANDED TO: Teresita Barczak, Defendant c/o Luisa F. Borelli, Esquire Law Offices of Hubshman, Flood& Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter/Crossclaim within twenty (20) days from service hereof or a ju ment maybe entered against you. GRIFFI76LYMOS , STRICKLER, L RMAN, & CAL S By: ROBERT A. LERMAN, E§(OUIRA PA#07490 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermankgslsc.com Dated: , 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action-Law Plaintiff, VS. No. 14-1446 BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL DEMANDED ANSWER,NEW MATTER AND CROSSCLAIMS OF DEFENDANTS, BRANDON M. FORD AND CAROL J. FORD, TO PLAINTIFF'S COMPLAINT AND NOW,comes Defendants,Brandon M.Ford and Carol J.Ford,by their counsel,Robert A. Lerman, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Answer,New Matter and Crossclaims to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Denied as stated. To the extent the allegations set forth in Paragraph 2 of Plaintiffs' Complaint constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is admitted that Brandon M. Ford is an adult individual and resident of the Commonwealth of Pennsylvania and residing at 203 Westview Drive,Mechanicsburg,PA 17055. It is admitted that on July 30,2012 Brandon M.Ford was operating a 2008 Honda Pilot motor vehicle bearing Pennsylvania license plate number ETR3816 with the permission of the vehicle's owners, James Patrick and Carol J.Ford,his parents. It is specifically denied that Brandon M.Ford as acting in the course and scope of his employment and/or agency with Defendant, Carol J. Ford at the time of the accident. 1 3. Denied as stated. To the extent the allegations set forth in Paragraph 3 of Plaintiffs' Complaint constitute a conclusion of law, no response is required. To the extent a response is deemed required, it is admitted that Carol J. Ford is an adult individual residing in the Commonwealth of Pennsylvania at 203 Westview Drive, Mechanicsburg, PA 17055. It is averred that Carol J. Ford was a co-owner of the 2008 Honda Pilot motor vehicle operated by her son, Brandon M. Ford on the date of the accident. Additionally, it is averred that Brandon M.Ford was operating the subject motor vehicle with permission.It is specifically denied that Brandon M.Ford as an agent, servant, workman, employee, contractor and/or subcontractor of Carol J. Ford. 4. The allegations set forth in Paragraph 4 of Plaintiffs' Complaint pertain to a Defendant other than Answering Defendants and no response is required on behalf of Answering Defendants. 5. The allegations set forth in Paragraph 5 of Plaintiffs' Complaint pertain to a Defendant other than Answering Defendants and no response is required on behalf of Answering Defendants. 6. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 6 of Plaintiff's Complaint and same are denied and strict proof thereof demanded with the exception that,upon information and belief,the motor vehicle accident in question did not result in Plaintiff being forcefully struck in the rear by the Barczak vehicle as alleged and strict proof thereof is hereby demanded. 2 7. Denied as stated. It is admitted that the Ford vehicle struck the rear of the Barczak vehicle as both vehicles were attempting to stop due to traffic conditions and the sudden slowing and/or stopping of the vehicle operated by Plaintiff, John Flathmann. 8. Denied as stated and see response to paragraph 7 above. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 8 of Plaintiffs' Complaint as to Plaintiff's alleged injuries and damages and same are denied and strict proof thereof demanded. 9. Denied as stated and see response to paragraph 7 above. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 9 of Plaintiffs' Complaint as to Plaintiff's alleged injuries and damages and same are denied and strict proof thereof demanded. 10. Denied as stated. and see response to paragraph 7 above. After reasonable .investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 10 of Plaintiffs' Complaint as to Plaintiff's alleged injuries and damages and same are denied and strict proof thereof demanded. 11. Denied as stated and see response to paragraph 7 above. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 11 of Plaintiffs' Complaint as to Plaintiff's alleged injuries and damages and same are denied and strict proof thereof demanded. 12. Denied as stated and see response to paragraph 7 above. After reasonable _ investigation, Answering Defendants are without knowledge or information sufficient to form a 3 belief as to the truth of the allegations set forth in Paragraph 12 of Plaintiffs' Complaint as to Plaintiff's alleged injuries and damages and same are denied and strict proof thereof demanded. COUNT JOHN FLATHMANN v. BRANDON M. FORD NEGLIGENCE 13. Answering Defendant,Brandon M.Ford,incorporates herein by reference,as if fully set forth at length,his Answer to Plaintiff's Complaint,Paragraph Nos. 1 through 12,as hereinabove set forth. 14. Denied. It is specifically denied that Brandon M. Ford was acting in any way in the course and scope of any agency and/or employment relationship with Defendant,Carol.J.,Ford. It is further denied that Defendant, Brandon M. Ford was negligent or careless and it is specifically denied that he: (a) Operated the Ford vehicle in a negligent and careless manner; (b) Operated the Ford vehicle at a high and excessive rate of speed under the circumstances; (c) Failed to have the Ford vehicle under proper and adequate control at the time and place aforesaid; (d) Failed to give proper and sufficient approach of the Ford vehicle; (e) Operated the Ford vehicle without due regard for the rights, safety and position of the Plaintiff herein at the time and place aforesaid; (f) Failed to maintain a clear distance between the Ford vehicle and the Barczak vehicle; 4 (g) Withdrawn by Stipulation of Counsel June 11, 2014; and (h) Caused the Ford vehicle to strike the Barczak vehicle which collided with the Flathmann vehicle. On the contrary,it is averred that at all times relevant,Defendant,Brandon M.Ford acted carefully, lawfully,properly and prudently and reasonably with due care under the circumstances including the traffic conditions existing. WHEREFORE,Answering Defendant,Brandon M.Ford,demands judgment in his favor and against the Plaintiff,together with costs of suit. COUNT II JOHN FLATHMANN v. CAROL J. FORD NEGLIGENCE 15. Answering Defendant,Carol J.Ford,incorporates herein by reference,as if fully set forth at length,her Answer to Plaintiff's Complaint,Paragraph Nos. I through 14,as hereinabove set forth. 16. Denied. It is specifically denied that Carol J.Ford was acting in any way in the course and scope of any agency and/or employment relationship with Brandon M.Ford and it is denied that Brandon M. Ford was an agent, servant, workman, employee, contractor and/or sub-contractor of Carol J.Ford or that Brandon M.Ford was operating the Ford motor vehicle in the course and scope of his employment and/or agency with any party. It is further denied that Defendant, Brandon M. Ford was negligent or careless and specifically denied that he: (a) Operated the Ford vehicle in a negligent and careless manner; 5 (b) Operated the Ford vehicle at a high and excessive rate of speed under the circumstances; (c) Failed to have the Ford vehicle under proper and adequate control at the time and place aforesaid; (d) Failed to give proper and sufficient approach of the Ford vehicle; (e) Operated the Ford vehicle without due regard for the. rights, safety and position of the Plaintiff herein at the time and place aforesaid; (f) Failed to maintain a clear distance between the Ford vehicle and the Barczak vehicle; (g) Withdrawn by Stipulation of Counsel June 11, 2014; (h) Caused the Ford vehicle to strike the Barczak vehicle.which collided with the Flathmann vehicle; (i) It is denied that Carol J. Ford hired Brandon M. Ford to operate her motor vehicle and further denied that Brandon M.Ford was someone with a history of driving negligently and/or carelessly and strict proof thereof is demanded; and - (j) It is denied that Brandon M. Ford had a history of driving negligently and/or carelessly and it is further denied Carol J.Ford allowed Brandon M.Ford to operate her motor vehicle when she knew or should have known of such alleged history. On the contrary, it is averred that at all times relevant, Defendant, Carol J. Ford, acted carefully, lawfully,properly and prudently and reasonably with due care under the circumstances including the traffic conditions existing. WHEREFORE, Answering Defendant, Carol J. Ford, demands judgment in her favor and against the Plaintiff, together with costs of suit. 6 COUNT III JOHN FLATHMANN v. MICHELLE BARCZAK NEGLIGENCE 17-18. The allegations set forth in Paragraphs 17 and 18 of Plaintiff's Complaint pertain to a Defendant other than Answering Defendants and no response is required on behalf of Answering Defendants. WHEREFORE, Answering Defendants, Brandon M. Ford and Carol J. Ford, demand judgment in their favor and against the Plaintiff,together with costs of suit. COUNT IV JOHN FLATHMANN v. TERESITA BARCZAK NEGLIGENCE 19-20. The allegations set forth in Paragraphs 19 and 20 of Plaintiff's Complaint pertain to a Defendant other than Answering Defendants and no response is required on behalf of Answering Defendants. WHEREFORE, Answering Defendants, Brandon M. Ford and Carol J. Ford, demand judgment in their favor and against the Plaintiff, together with costs of suit. By way of further answer, Defendants, Brandon M. Ford and Carol J. Ford, assert the following: NEW MATTER DIRECTED TO ALL PARTIES 21. Answering Defendants, Brandon M. Ford and Carol J. Ford, incorporate herein by 7 reference, as if fully set forth at length, their Answer to Plaintiff's Complaint, Paragraph Nos. 1 through 20 inclusive, as hereinabove set forth. 22. Plaintiff's Complaint fails to state a cause of action against Defendant,Brandon M. Ford,upon which relief can be granted. 23. Plaintiff's Complaint fails to state a cause of action against Defendant,Carol J.Ford, upon which relief can be granted. 24. Plaintiff's Complaint may be barred by applicable Statutes of Limitation. 25. The injuries and damages claimed by Plaintiff as the result of the accident,if any,may have been caused solely and directly as the result of acts or omissions of individuals or entities other than Defendants over whom Defendants had no responsibility or right of control and/or may not be related to the motor vehicle accident which is the subject of Plaintiff's Complaint. 26. As set forth hereinafter in the Crossclaims, the injuries and damages claimed by Plaintiff as the result of the accident may have been caused solely as the result of the acts or omissions of Co-Defendants, Michelle Barczak and Teresita Barczak. 27. The injuries and damages claimed by Plaintiff as the result of the accident,if any,may have been caused solely,directly and proximately as the result of the negligence and carelessness of the Plaintiff, which negligence may have consisted of the following: a. Failing to keep alert and maintain a proper lookout for traffic conditions; b. Failing to maintain proper control in the operation of his motor vehicle; C. Slowing and/or stopping his vehicle suddenly and without warning; d. In failing to be continuously alert, in failing to perceive any warning of 8 danger that was reasonably likely to exist and in failing to have his motor vehicle under such control that injury to himself or his property could be avoided; and e. Failing to take evasive action when he had the last chance to do so to avoid contact by the vehicles behind him. 28. As the result of the negligence and carelessness of the Plaintiff,John Flathmann,as set forth in the immediately preceding paragraphs,his claims are barred or diminished in accordance with the application of the Pennsylvania Comparative Negligence Act 42 Pa. C.S.A. §7102. 29. Plaintiff has not sustained a serious injury as defined in the Pennsylvania Motor.. Vehicle Financial Responsibility Law(75 Pa. C.S.A. §1701 et seq.). 30. Plaintiff's claims for non-economic damages may be barred or limited because Plaintiff is bound by a limited tort option as set forth in the Pennsylvania Motor Vehicle Responsibility Law. 31. Plaintiff may have failed to mitigate his damages. 32. Plaintiff has received or is entitled to receive various benefits from insurance arrangements,programs and group contracts of insurance including but not limited to benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law, for medical bills and/or wage loss and he may not recover for the same benefits in this proceeding. 33. Answering Defendants' liability, individually or,severally, is barred or limited'in accord with the provisions of Pennsylvania's Fair Share Act(42 Pa. C.S.A. §7102 (a.1) et seq. 34. At all times relevant, Defendant, Brandon M. Ford acted reasonably and prudently 9 Ci under the circumstances and conditions existing, in particular,the traffic conditions existing. 35. The collisions between the subject vehicles were unfortunate accidents and not due to the negligence or carelessness of the Defendant, Brandon M. Ford. 36. The collisions between the subject vehicles were unfortunate accidents and not due to the negligence or carelessness of the Defendant, Carol J. Ford. 37. Some or all of the alleged injuries and damages claimed by the Plaintiff may have preceded or pre-existed the date of these accidents and were not caused or aggravated by these accidents. 38. To the extent Plaintiff has sustained any injury in the subject motor vehicle accidents, he has recovered from said injuries. 39. Some or all of the injuries and'damages claimed by the Plaintiff may have occurred subsequent to the date of these accidents and are therefore unrelated. WHEREFORE, Answering Defendants, Brandon M. Ford and Carol J. Ford, demand judgment in their favor and against the Plaintiff, together with costs of suit. NEW MATTER/CROSSCLAIM Brandon M. Ford and Carol J. Ford vs. Michelle Barczak 40. Answering Defendants, Brandon M. Ford and Carol J. Ford, incorporate herein by reference, as if fully set forth at length, their Answer and New Matter to Plaintiff's Complaint, Paragraph Nos. 1 through 39 inclusive, as hereinabove set forth. 41. The allegations of negligence and carelessness against Defendant,Michelle Barczak, as set forth in Plaintiff's Complaint are incorporated herein by reference for the limited purpose of 10 this Crossclaim. 42. If Plaintiff is entitled to recover from any parry,which recovery is expressly denied, then Defendant,Michelle Barczak,is alone liable to Plaintiff,jointly and severally liable to Plaintiff with Answering Defendants or liable over to Answering Defendants based upon the allegations of negligence and carelessness alleged by Plaintiff in his Complaint against Defendant, Michelle Barczak. 43. If Answering Defendants are found liable to Plaintiff,all such liability being expressly denied,their liability is secondary and passive to the liability of Defendant,Michelle Barczak,whose liability is primary and active. 44. Answering Defendants' liability, individually or severally, is barred or limited in accord with the provisions of Pennsylvania's Fair Share Act(42 Pa. C.S.A. §7102 (a.1) et seq. WHEREFORE, Answering Defendants, Brandon M. Ford and Carol J. Ford, demand judgment in their favor against the Plaintiff,John Flathmann and/or against the Defendant,Michelle Barczak,for any sums that may be adjudged against them(or either of them)in favor of Plaintiff;or in the alternative,demands judgment against Defendant,Michelle Barczak,for contribution and/or indemnification for all or the appropriate amount of damages and costs awarded to Plaintiff,if any. NEW MATTER/CROSSCLAIM Brandon M. Ford and Carol J. Ford vs. Teresita Barczak 45. Answering Defendants, Brandon M. Ford and Carol J. Ford, incorporate herein by reference, as if fully set forth at length, their Answer and New Matter to Plaintiffs Complaint, Paragraph Nos. 1 through 44 inclusive, as hereinabove set forth. 11 46. The allegations of negligence and carelessness against Defendant,Teresita Barczak, ass set forth in Plaintiff's Complaint are incorporated herein by reference for the limited purpose of this Crossclaim. 47. If Plaintiff is entitled to recover from any parry,which recovery is expressly denied, then Defendant, Teresita Barczak,is alone liable to Plaintiff,jointly and severally liable to Plaintiff with Answering Defendants or liable over to Answering Defendants based upon the allegations of negligence and carelessness alleged by Plaintiff in his Complaint against Defendant, Teresita Barczak. 48. If Answering Defendants are found liable to Plaintiff,all such liability being expressly denied,their liability is secondary and passive to the liability of Defendant,Teresita Barczak,whose liability is primary and active. 49. Answering Defendants' liability, individually or severally, is barred or limited in accord with the provisions of Pennsylvania's Fair Share Act(42 Pa. C.S.A. §7102 (a.1) et seq. WHEREFORE, Answering Defendants, Brandon M. Ford and Carol J. Ford, demand judgment in their favor against the Plaintiff,John Flathmann and/or against the Defendant,Teresita Barczak,for any sums that may be adjudged against them(or either of them)in favor of Plaintiff;or in the alternative, demands judgment against Defendant, Teresita Barczak, for contribution and/or indemnification for all or the appropriate amount of damages and costs awarded to Plaintiff,if any. 12 Respectfully submitted, GRIFF H, STRICKLER, LERMAN, SOLYMOS &I INS By: ROBERT A. LE AN, ESOTJIRE PA# 07490 Attorney for Defendants,Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax Dated: , 2014 rlermmggslsc.com 13 VERIFICATION I, Brandon M. Ford, hereby verify that the statements made in the foregoing Answer, New Matter and Crossclaims to Plaintiff's Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. Dated: U'41q 1 By: ,G RANDON M. FORD VERIFICATION I, Carol J. Ford, hereby verify that the statements made in the foregoing Answer, New Matter and Crossclaims to Plaintiff's Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. Dated: By: CAROL J. FORD a � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action- Law Plaintiff, VS. No. 14-1446 BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW,this 14dakyof 4R, E=RMAN, ,2014,I,Robert A. Lerman,Esquire,a member of the firm of GRIFFITH,STRICKLESOLYMOS&CALKINS,hereby certify that I have this date served a copy of the Answer, New Matter and Crossclaims .of Defendants, Brandon M.Ford and Carol J.Ford,to Plaintiffs Complaint,by United States Mail,addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Luisa F. Borelli, Esquire Matthew Y. Rong, Esquire Law Offices of Hubshman, Flood&Bullock Messa&Associates, P.C. 5165 Campus Drive, Suite 200 123 South 22nd Street Plymouth Meeting, PA 19462 Philadelphia, PA 19103 (Counsel for Defendants, Michelle Barczak (Counsel for Plaintiff) and Teresita Barczak) GRIFFITH, RICKLER, LERMAN, SO MOS & CAL By: ROBE T A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendants,Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com 14 Law Offices of Hubshman, Flood & Bullock By: Luisa F Borelli, Esquire Attorney ID #91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Telephone #(610) 276-4962 Luisa_F_Borelli@Progressive.com Our File #122735418-001 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their attorneys by: ® regular mail ❑ certified mail El ther: By: Luisa F. Borelli, Esq. Attorney for Defendants, Michelle Barczak and Teresita Barczak Attorney for Defendants, Michelle Barczak and Teresita Barczak • cD John Flathmann : Court of Common Pleas -r) Z r --+ : Cumberland County �m-1 ri -▪ 07, --O> -a 1 Brandon M. Ford <c' -v and : 14-1446 ? c -D Carol J. Ford - 5.,-,c"' c- - , and z- „ v. Michelle Barczak and Teresita Barczak DEFENDANTS, MICHALLE BARCZAK And TERESITA BARCZAK'S REPLY TO DEFENDANTS, BRANDON M. FORD AND CAROL J. FORD'S NEW MATTER CROSSCLAIM 40-49. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. WHEREFORE, answering Defendants demand judgment in their favor and against all other parties along with such other relief as this Honorable Court deems appropriate. BY: Dated: 6.24.14 LAW OFFICES OF HUBSHMAN & FLOOD Luisa F. Borelli, Esquire Attorney for Defendants VERIFICATION I, Luisa F. Borelli, Esquire, aver that I am the 'attorney for the defendants, Michelle Barczak and Teresita Barczak, in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: LU A F. BORELLI, ESQUIRE T H O N (J 1 P r;', 2 fl NOV 26 PM 12: 0 ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. Civil Action - Law No. 14-1446 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants, Brandon M. Ford and Carol J. Ford, certifies that: (1) A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party and the Plaintiff waived the 20 day notice period. (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate, and (3) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoenas. BY: Date: November 24, 2014 GRIFFITH, ST SOLYMO CKLER, LERMAN, CHINS ROBERT A. LERM , E QUIRE PA#07490 CHARLES T. YOUNG, JR., ESQUIRE PA#80680 Attorney for Defendant, Brandon M. Ford & Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax cyoung@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Charles T. Young, Esquire, counsel for Defendants, Brandon M. Ford and Carol J. Ford intends 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. GRIFFITH, STRICKL ' LERMAN, SOLYMOS & C• S By: Date: PpV i 3, 20/ V ROBERT A. LE , ESQUIRE Supreme Court I.D. #07490 CHARLES T. YOUNG, JR., ESQUIRE Supreme Court I.D. #80680 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax cyoung@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, attorney for Plaintiff, hereby waive the twenty (20) day notice requirement for service of subpoenas pursuant to Pa.R.C.P. 4009.22. I further state that I have no objection to the Defendant serving the subpoenas directed to East Pennsboro Ambulance Service, Inc., Holy Spirit Hospital, Frank J. DiPrima, M.S., Stephen L. Powers, M.D., First Choice Rehabilitation Specialists, Pinnacle Health, OSS Health, and WellSpan Adult Neurology upo • e ling of this Waiv Dated: November 1 , 2014 AM ' SOF PLAINTIFF'S COUNSEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE f AND NOW, this as day of /144° , 2014, I, Charles T. Young, Jr., Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) BY: Luisa F. BoreIli, Esquire Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel for Defendants, Michelle Barczak and Teresita Barczak) GRIFFITH, RICKLER, LERMAN, SOLY & C INS ROBERT A. LE rd A <, SQUIRE PA#07490 CHARLES T. YOUNG, JR., ESQUIRE PA#80680 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax cyoung@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: First Choice Rehabilitation Specialists, 550 N. 12th Street, Lemoyne, PA 17043-1242 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all medical and billing records for John C. Flathmann, SS# 262-79-1465 (DOB: 4/8/1962) related to treatment or other care rendered between January 1, 1999, and the present date. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: CHARLES T. YOUNG, JR., ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 80680 Defendants, Brandon M. Ford and Carol J. Ford Seal of Court BY THE COURT: Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Pinnacle Health, Family Care Silver Spring, 21 Waterford Drive, Mechanicsburg, PA 17050 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all medical and billing records for John C. Flathmann, SS# 262-79-1465 (DOB: 4/8/1962) related to treatment or other care rendered between January 1, 1999, and the present date. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: CHARLES T. YOUNG, JR., ESQ. GRIFFITH,.STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 80680 Defendants, Brandon M. Ford and Carol J. Ford Seal of Court BY THE COURT: Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS: FOR DISCOVERY PURSUANT TO RULE 4009.22 To: OSS Health, 1855 Powder Mill Road, York, PA 17402 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all medical and billing records for John C. Flathmann, SS# 262-79-1465 (DOB: 4/8/1962) related to treatment or other care rendered between January 1, 1999, and the present date. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: CHARLES T. YOUNG, JR., ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 80680 Defendants, Brandon M. Ford and Carol J. Ford Seal of Court BY THE COURT: Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: WeiiSpan Adult Neurology, 228 St. Charles Way, Suite 200, York, PA 17402 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all medical and billing records for John C. Flathmann, SS# 262-79-1465 (DOB: 4/8/1962) related to treatment or other care rendered between January 1, 1999, and the present date. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHARLES T. YOUNG, JR., ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 80680 ATTORNEY FOR: Defendants, Brandon M. Ford and Carol J. Ford DATE: BY THE COURT: Seal of Court Prothonotary/ Clerk, Civil Division ;Fr fLEfi-OFFICE • •OF THE PROTHONOTARY 21111pEC 1 I !I1:23 CUT'IDEFq.-,AND.COUN•Te ijENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants, Brandon M. Ford and Carol J. Ford, certifies that: (1) A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party and the Plaintiff waived the 20 day notice period. (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate, and (3) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoenas. Date: December 10, 2014 BY: GRIFFITH, ST 'iCKLE ERMAN, SOLYMO ! &x CAL ROBERT A. LERMAN, SQUIRE PA#07490 CHARLES T. YOUNG, JR., ESQUIRE PA#80680 Attorney for Defendant, Brandon M. Ford & Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax cyoung@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Plaintiff; vs. Civil Action - Law No. 14-1446 BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Charles T. Young, Esquire, counsel for Defendants, Brandon M. Ford and Carol J. Ford intends 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. GRIFFITH, STRICKL ' LERMAN, SOLYMOS & S By: Date: 11/414`444 Z 3, 20/y ROBERT A. LE , ESQUIRE Supreme Court I.D. #07490 CHARLES T. YOUNG, JR., ESQUIRE Supreme Court I.D. #80680 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax cyoung@a,gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Acti : _ .. w 4/ Plaintiff, AA 6, 4,s- kflp vs. • BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, . Defendants. No. 14-1446 JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, attorney for Plaintiff, hereby waive the twenty (20) day notice requirement for service of subpoenas pursuant to Pa.R.C.P. 4009.22. I further state that I have no objection to the Defendant serving the subpoenas directed to East Paulsboro Ambulance Service, Inc., Holy Spirit Hospital, Frank J. DiPrima, M.S., Stephen L. Powers, M.D., First Choice Rehabilitation Specialists, Pinnacle Health, OSS Health, and WellSpan Adult Neurology upo ling of this Waiv Dated: November , 2014Ad/.1‘. SOF PLAINTIFF'S COUNSEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 10 day of 11 14 , 2014, I, Charles T. Young, Jr., Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule. 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Lee D. Rosenfeld, Esquire Matthew Y. Rong, Esquire Messa & Associates, P.C. 123 South 22nd Street Philadelphia, PA 19103 (Counsel for Plaintiff) BY: Luisa F. Borelli, Esquire 'Law Offices of Hubshman, Flood & Bullock 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 (Counsel. for Defendants, Michelle Barczak and Teresita Barczak) GRIFFITH, STR; KLER ERMAN, SOLYMOS ROBERT A. LERMAN, ESQUIRE PA#07490 CHARLES T. YOUNG, JR., ESQUIRE PA#80680 Attorney for Defendants, Brandon M. Ford and Carol J. Ford 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax cyoung@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. r No. 14-1446 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: East Pennsboro Ambulance Service, Inc., P.O. Box 47, 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: Any and all medical and billing records for John C. Flathmann, SS# 262-79-1465 (DOB: 4/8/1962) related to treatment or other care rendered between January 1, 1999, and the present date. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: CHARLES T. YOUNG, JR., ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 80680 Defendants, Brandon M. Ford and Carol J. Ford Seal of Court BY THE COURT: Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. No. 14-1446 BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAKand TERESITA BARCZAK, Defendants. : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents` or things: Any and all medical and billing records for John C. Flathmann, SS# 262-79-1465 (DOB: 4/8/1962) related to treatment or other care rendered between January 1, 1999, and the present date. at Griffith, Strickler, Lerman, Solvmos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: CHARLES T. YOUNG, JR., ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 80680 Defendants, Brandon M. Ford and Carol J. Ford Seal of Court BY THE COURT: Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. No. 14-1446 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Frank J. DiPrima, M.S., 920 Century Drive, Mechanicsburg, PA 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all medical and billing records for John C. Flathmann, SS# 262-79-1465 (DOB: 4/811962) related to treatment or other care rendered between January 1, 1999, and the present date. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: CHARLES T. YOUNG, JR., ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 80680 Defendants, Brandon M. Ford and Carol J. Ford Seal of Court BY THE COURT: Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FLATHMANN, Civil Action - Law Plaintiff, vs. No. 14-1446 BRANDON M. FORD, CAROL J. FORD, MICHELLE BARCZAK and TERESITA BARCZAK, Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Stephen L. Powers, M.D., 50B S. Broad Street, Lititz, PA 17543 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all medical and billing records for John C. Flathmann, SS# 262-79-1465 (DOB: 4/8/1962) related to treatment or other care rendered between January 1, 1999, and the present date. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: CHARLES T. YOUNG, JR., ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 80680 Defendants, Brandon M. Ford and Carol J. Ford Seal of Court BY THE COURT: Prothonotary / Clerk, Civil Division