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HomeMy WebLinkAbout14-1819 Supreme Couffof,Pennsylvania C01167ZtfCo.111 il�.Pleas For Prothonotary Use Only: rl /� C v StieEt ��5 � •- �, Docket No: c ui erla�id`* County x. 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 bylaw or rules of court. Commencement of Action: S x Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Kathryn B. Pentz and Kevin A. Pentz Jamie Forrey Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? (M Yes 0 No check one) ) ®outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes (M No Is this an MDJAppeal? 0 Yes I No A Name of Plaintiff /Appellant's Attorney: Michael A. Scherer, Esquire Check here if you have no attorney (are a Self - Represented Pro Sep .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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution © Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other Board of Elections 0 Nuisance. 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E mass tor[) ©Employment Dispute: Slander/Libel/ Defamation Discrimination 0 C 0 Other: ©Employment Dispute: Other Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort -DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: E3 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto © Mortgage Foreclosure: Commercial 0 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title xi Other: 0 Medical © Other: Other Professional: Updated 1/112011 KATHRYN B. PENTZ IN THE COURT OF COMMON PLEAS OF and KEVIN A. PENTZ, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2014- JAMIE FORREY, CIVIL ACTION -LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. C Cumberland County Bar Association - 32 South Bedford Street Carlisle, Pennsylvania 17013 =� r (717) 249 -3166 C n �a 3.73 1 2 /2 3 o353z KATHRYN B. PENTZ IN THE COURT OF COMMON PLEAS OF and KEVIN A. PENTZ, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2014 - JAMIE FORREY, CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, come the Plaintiffs, Kathryn B. Pentz and Kevin A. Pentz, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs, Kathryn B. Pentz and Kevin A. Pentz, are citizens of the Commonwealth of Pennsylvania, husband and wife, and adult individuals who reside at 1505 W. Trindle Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Jamie Forrey, is a citizen of the Commonwealth of Pennsylvania and an adult individual who resides at 100 Wertz Run Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences described herein took place on or about April 30, 2012 at or about 6:58 a.m. on Route 11 /Harrisburg Pike at the intersection of South Middlesex Road in Middlesex Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, Kathryn B. Pentz was operating her motor vehicle, a 2002 Toyota 4Runner north on South Middlesex Road, in Middlesex Township, Cumberland County, Pennsylvania. 5. At the same time, Defendant, Jamie Forrey, was operating his motor north on Route 11 /1 Pike, in Middlesex Township, Cumberland County, Pennsylvania. 6. At the aforementioned time and place, Plaintiff Kathryn B. Pentz drove her vehicle from South Middlesex Road into the intersection of Route 11 /1 Pike against a steady green traffic signal at which time Defendant Jamie Forrey drove his vehicle through the same intersection against a steady red traffic signal causing a severe collision with Kathryn Pentz's vehicle. 7. The aforementioned crash caused the Pentz vehicle to spin 180 degrees such that it came to rest facing south on Route 11 /1 Pike. 8. The foregoing accident and all of the injuries set forth herein which were sustained by Plaintiff, Kathryn B. Pentz, were the direct and proximate result of the negligence, carelessness and reckless manner in which Defendant, Jamie Forrey operated his motor vehicle in that Jamie Forrey: A. failed to stop his vehicle at a steady red traffic light at the intersection of Route 11 /1 Pike and South Middlesex Road; B. failed to yield the right of way to the Pentz vehicle in the aforementioned intersection; C. failed to operate his vehicle at a speed which would allow him to stop prior to causing a collision with Plaintiff, Kathryn B. Pentz; and, D. drove his vehicle upon a highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. COUNT KATHRYN B. PENTZ v. JAMIE FORREY 9. Paragraphs one through eight are incorporated herein by reference as though set forth at length. 10. Plaintiff, Kathryn B. Pentz sustained painful and severe injuries, which include but are not limited to, left shoulder labrum tear, cervical and lumbar strain and contusions. 11. By reason of the aforesaid injuries sustained by Plaintiff, Kathryn B. Pentz was forced to incur liability for surgery, medical treatment, physical therapy, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefore. 12. Because of the nature of her injuries, Plaintiff Kathryn B. Pentz has been advised and, therefor, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff, Kathryn B. Pentz has undergone and may continue to undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 14. As a result of the aforementioned injuries, Plaintiff Kathryn B. Pentz has undergone arthroscopic shoulder surgery and as a result, has sustained surgical scarring resulting in permanent disfigurement, and claim is made therefor. 15. Plaintiff Kathryn B. Pentz continues to be plagued by pain and limitation and therefore avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. COUNT II KEVIN A. PENTZ v. JAMIE FORREY 16. Paragraphs one through fifteen are incorporated herein by reference as though set forth at length. 17. As a result of the aforesaid injuries sustained by his wife, Kathryn B. Pentz, Plaintiff, Kevin A. Pentz, has been and may in the future may be deprived of the care, companionship, consortium and society of his wife, all of which will be to his detriment, and claim is made therefore. WHEREFORE, Plaintiffs, Kathryn B. Pentz and Kevin A. Pentz demand judgment against Defendant, Jamie Forrey in an amount in excess of the amount requiring compulsory arbitration, and costs and expenses of suit. Respectfully submitted, BARIC SCHERER LLC is aeI A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249 -6873 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements are not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 1?7-a-A-A Kathryn 13. Pentz DATEA 15 i. , r-i u Q Kevin A. Pentz JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm@jdsw.com HLED-OFFICE OF THE PROTHONOTARY 2014 APR 30 PM 2: 06 CUMBERLAND COUNTY PENNSYLVANIA KATHRYN B. PENTZ and KEVIN A. PENTZ, Plaintiffs V. JAMIE FORREY, Defendant Attorneys for Defendant, Jamie Forrey • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-1819 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant Jamie Forrey in the above-captioned matter. Date: April 29, 2014 620254 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER #144 Wade D. M nley, Es uire Attorney I.D. No. 87Z44 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant By: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 29, 2014: Michael A. Scherer, Esquire Baric Scherer 19 West South Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: I Wade D. Manley", Esquire _J Pf, j_ U CLJF!BcRL AND COUNT PENNSYLVANIA KATHRYN B. PENTZ and IN THE COURT OF COMMON PLEAS OF KEVIN A. PENTZ, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. JAMIE FORREY, Defendant STIPULATION NO. 2014-1819 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED IT IS HEREBY stipulated and agreed by and between Michael Scherer, Esquire, counsel for the Plaintiffs, and Wade D. Manley, Esquire, counsel for the Defendant that: 1. Plaintiffs withdraw from their Complaint all allegations that the Defendant acted in a reckless manner, including but not limited to, the allegations of reckless conduct in Paragraph 8. 2. Plaintiffs also agree to strike Paragraph 8(D). 3. Plaintiffs will not make any claim against the Defendant for punitive damages and the Plaintiffs' averments contained in their Complaint do not set forth a claim for punitive damages. 4. This Stipulation will be presented to the Court for approval. Respectfully submitted: BARIC SCHERER LLC By: v,) chae Scherer, Esquire Attorney I.D. No. 61974 19 West South Street Carlisle, PA 17013 Telephone: (717) 249-6873 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: 621075 22740-3249 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 2- , 2014: Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: 14'/4lafrl ( Wade D. Manley( Esquire T h w_ r- rs O 1 ! 1..E i a� JUN 10 PM 3: 33 KATHRYN B. PENTZ and CUMBERLAND ��NIN THE COURT OF COMMON PLEAS OF KEVIN A. PENTZ, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. JAMIE FORREY, Defendant AND NOW, this 9,,p, day of ORDER NO. 2014-1819 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED , 2011 , upon consideration of the foregoing Stipulation, the Stipulation is APPROVED. The Plaintiffs' claims for reckless conduct contained in Paragraph 8 are withdrawn and hereby DISMISSED. IT IS FURTHER ORDERED that Paragraph 8(D) is hereby STRICKEN from the Plaintiffs' Complaint. IT IS HEREBY ORDERED that Plaintiffs are not making a claim against the Defendant for punitive damages and that the Plaintiffs' averments contained in their Complaint do not set forth a claim for punitive damages. Distribution: Michael Scherer, Esquire mcherer(a.baricscherer.com Baric Scherer LLC 19 West South Street Carlisle, PA 17013 717-249-6873 Counsel for Plaintiff copies f)2,14 (o /b `/y' BY THE COURT: e40/1.4„; 6ex Wade D. Manley, Esquire wdmaidsw.com Johnson, Duffie, Stewart & Weidner, PC 301 Market Street Lemoyne, PA 17403 717-761-4540 Counsel for Defendant J. JOHNSON,DUFFLE,STEWART&WEIDNER Attorneys for Defendant, By:Wade D. Manley, Esquire Jamie Forrey I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 wdm@Jdsw.corn KATHRYN B. PENTZ and IN THE COURT OF COMMON PLEAS OF KEVIN A. PENTZ, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • NO. 2014-1819 Civil • v. • CIVIL ACTION — LAW JAMIE FORREY, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: KATHRYN B. PENTZ and KEVIN A. PENTZ, Plaintiffs do Michael A. Scherer, Esquire Banc Scherer • 19 West South Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: Z Wade D yt"1"f��a"` vtanley, esquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: June 14 , 2014 Attorneys for Defendant, Jamie Forrey JOHNSON,DUFFIE,STEWART&WEIDNER Attorneys for Defendant, By: Wade D. Manley, Esquire Jamie Forrey I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717)761-4540 wdm@jdsw.com KATHRYN B. PENTZ and IN THE COURT OF COMMON PLEAS OF KEVIN A. PENTZ, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2014-1819 Civil v. CIVIL ACTION —LAW JAMIE FORREY, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Jamie Forrey, by and through his attorneys, Johnson, Duffle, Stewart &Weidner, P.C., and files the following Answer with New matter to the Plaintiffs' Complaint, and in support thereof avers as follows: 1. DENIED. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. 2. ADMITTED. 3. ADMITTED. 4. DENIED. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. 5. ADMITTED. 2 6. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 7. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 8. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. By way of further answer, the parties have entered into a stipulation striking allegations of recklessness and specifically striking paragraph 8 (D). COUNT I KATHRYN B. PENTZ v. JAMIE FORREY 9. The Defendant incorporates herein by reference his answers to paragraphs 1 through 8 as though fully set forth herein at length. 10. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required. the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 11. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 3 12. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 13. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 14. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 15. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. COUNT II KEVIN A. PENTZ v. JAMIE FORREY 16. The Defendant incorporates herein by reference the answers to paragraphs 1 through 15 as though fully set forth herein at length. 17. DENIED. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. WHEREFORE, the Defendant, Jamie Forrey, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. 4 NEW MATTER By way of additional answer and reply, the Defendant, Jamie Forrey, raises the following New Matter: 18. Some or all of Plaintiffs' claims are barred by the applicable statute of limitations. 19, Some or all of Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa.C.S.A. §1701 et seq.), and especially by §1722 of that law. 20. Discovery may reveal that the Plaintiffs may have failed to mitigate their damages. 21. Discovery may reveal that some or all of the Plaintiffs' alleged injuries, conditions or damages preexisted the date of the alleged accident and were not caused or aggravated by this accident. 22. Discovery may reveal that some or all of the Plaintiffs' alleged injuries, conditions or damages were caused by the events that occurred subsequent to the accident. 23. To the extent that Plaintiff have been or will be paid some or all of their damages, then the claims for those damages are barred both by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment generally. 24. The Plaintiffs have failed to state a causes of action upon which any relief of any kind can be granted. 25. The Plaintiffs' alleged causes of action are barred in whole or in part by the doctrines of comparative negligence and/or contributory negligence, as may be applied to the facts disclosed in discovery. 5 26. The mechanism of the Plaintiffs' alleged injuries were under the care, custody and control of persons or entities other than the answering Defendant. 27. The mechanism of the Plaintiffs' alleged injuries were under the care, custody and control of persons or entities other than the answering Defendant, such as persons including, but not limited to, the Plaintiffs. 28. The alleged damages claimed by the Plaintiffs were created and/or caused by individuals under circumstances over whom answering Defendant had no control or right to control. 29. Sudden and unexpected conditions at the time of the accident may have created an emergency for drivers on the roadway, including answering Defendant. WHEREFORE, the Defendant, Jamie Forrey, respectfully demands judgment in his favor and requests that Plaintiffs' Complaint be dismissed with prejudice and that judgment be entered in Defendant's favor. Respectfully submitted, JOHNSON, DUFFIE,✓✓ ESTEWART 8 WEIDNER By: AMI Pu- hi Wade D. M nley, Esfrquire Attorney I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June, 2014 Attorneys for Defendant, Jamie Forrey 624962 22740-3249 6 VERIFICATION I, JAMIE FORREY, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Defendant's 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. §4904, relating to unsworn falsification to authorities. nn JAMIE FORREY DATE: lune_ 70/Y CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United Stales Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 14 . 2014: Michael A. Scherer, Esquire Baric Scherer 19 West South Street Carlisle, PA 17013 JOHNSON, DUFFIE. STEWART &WEIDNER By: W'v/ 4141 (41 Wade D. Manleyll Esquire KATHRYN B. PENTZ and KEVIN A. PENTZ, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C) v. NO. 2014-1819 CIVIL TERM --0a P1 CD n1 JAMIE FORREY, CIVIL ACTION-LAWcri S Defendant : JURY TRIAL DEMANDED -< %` " PLAINTIFFS REPLY TO NEW MATTER C IV 18.-29. Paragraphs 18-29 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at time of trial. Respectfully submitted, BARIC SCHERER LLC Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs cD c: T.• • C VERIFICATION I verify that the statements made in the foregoing Plaintiffs Reply To New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 1(1 (N Date: Mich I A. Scherer, Esquire CERTIFICATE OF SERVICE I hereby certify that on July A , 2014, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of Plaintiffs Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 CERTIFICATE eot� but l�4 b‘Ohlk Ok,,, L'`a"I . ‘>--1M441,UCUA A. PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA KATHRYN B. PENTZ AND KEVIN A. PENTZ vs. TERM: JAMIE FORREY CASE No: 2014 -1819 -CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of WADE MANLEY Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 07/08/2014 RecordTrak on behalf of /S/ WADE MANLEY Attorney for Defendant RT#: 268553 RECORDS PERTAIN TO: KATHRYN PENTZ KATHRYN B. PENTZ AND KEVIN A. PENTZ vs. TERM: JAMIE FORREY : DOCKET: 2014 -1819 -CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: MICHAEL SCHERER BARIC SCHERER LLC 19 WEST SOUTH ST CARLISLE, PA 17013 COURT: Court Of Common Pleas - Cumberland County, Pa (717) 249-5755 June 24, 2014 Please take notice that on behalf of WADE MANLEY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until July 14, 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 14, 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 1 RECORD CUSTODIAN DR. WILLIAM J. PHELAN Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: RT: 268553.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHRYN B. PENTZ AND KEVIN A. Pt,NTZ V. JAMIE FORREY File No:2014-1819-CIVIL SUBPOF,NA TO PRODUCE DOCUMENTS OR THIN9S FOR DISCOVERY PURSUANT TO RULE 400912 TO: DR. WILLIAM J. PHELAN (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 staking 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, WADE MANLEY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: _ 58001220-1291 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court ts 1st) 1 BY THE COURT: Prothonotary RE: KATHRYN B. PENTZ AND KEVIN A. PENTZ vs. JAMIE FORREY CASE NO. 2014 -1819 -CIVIL RECORDTRAK FILE #: 268553; TAG 1 LOCATION: PHELAN WILLIAM J. RECORDS PERTAIN TO: KATHRYN PENTZ SS #: , DOB: X . ALL MEDICAL RECORDS IN YOUR POSSESSION (FROM XX/XX/XXXX TO THE 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.**************