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Home My WebLink About01-1245 FX ,- i-I ,- ~ - - ',- ". ,;.'"';~--< 1.", I" --'===_,~="c"'==. c I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law v, No. 01-1245 JAMIE R. CANNADY Defendant. JURY TRIAL DEMANDED DEFENDANT CANNADY'S PRE-TRIAL CONFERENCE MEMORANDUM Date of Pre-Trial Conference: Wednesday, May 24, 2006 at 11 :45 a.m. Submitted By: Michael B. Scheib, Esquire, Counsel for Defendant Cannady I. FACTS: This lawsuit arises out of two car accident which occurred on May 26, 1999. The motor vehicle accident occurred in the northbound lane of State Mount 74. The front of defendant's vehicle came into contact with the rear of plaintiff's vehicle. Defendant Cannady will admit that he was negligent in the operation of his motor vehicle. II. DAMAGES: In his Complaint, Plaintiff Sheffer alleges that he suffered soft tissue injuries and TMJ. Plaintiff Sheffer has selected the limited tort option. Plaintiff has produced a list of his out-of-pocket medical expenses. This figure is $5,926.68. However, all of these medical bills were not related to the motor vehicle accident. In addition, Plaintiff did not actually pay all of these medical expenses. At his deposition Plaintiff testified that by July 2000 he had resumed jogging 6-12 miles per week. Plaintiff also testified that by July 2000 he told his treating doctor that he was "functioning and getting along ok." III. ISSUES: 1. Defendant will admit that he was negligent in the operation of his vehicle; 2. Whether Plaintiff has sustained a serious impairment of a bodily function; 3. The amount of plaintiff's out-of-pocket medical expenses; .~.- " "- , " ,;'_J. .-- GREGORY L. SHEFFER and DEBRA L. SHEFFER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-1245 CIVIL JAMIE R. CANNADY, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held May 24, 2006, were David W. Knauer, Esquire, attorney for the plaintiffs, and Michael B. Scheib, Esquire, attorney for the defendant. This case arises out of an automobile accident which occurred on May 26, 1999, when the defendant drove into the back ofthe plaintiffs' vehicle. The defendant has admitted negligence. There will be a question in the case as to the extent of the plaintiff s recovery for medical bills. The defendant contends that not all of the bills were related to the motor vehicle accident and, in any event, the plaintiff did not actually pay the medical expenses. As this case involves a limited tort election, there is a threshold question as to whether or not the plaintiff has sustained a serious impairment of a bodily function. This otherwise uncomplicated case should take no more than two days to try. May 24, 2006 -IIi David W. Knauer, Esquire For the Plaintiffs Michael B. Scheib, Esquire For the Defendant Court Administrator .--~ ~1: Ililir ~~+ ' _.E- 11 rrJl~~ti!Mt-_~<'tr1'4t~~M$ij""C1M~'ii~,$~~~I_1l111""'~-"""'''~ Alt\rrrr~ ,- ~ ":1 -"--;I~I"""'J .- "'--,;: \;j i.~ 9C :IJf L!i1 ,~ "i ~ Sv" /' 1 r,::.u ,1('nU7 r, 1>'~ J j " w.".t...:,........,.,. _ r,\Jv.J.'.....'I\''.,.li-j Il i-I,-': ~~l-JJ jn :lC}H:V5=-;5~n8 ~ ~ - - ,~ -~'-- '"~--~ '" "'-'-' .,J... ~ ~- ^". "'-iii~- j ~ ~<' '._II~i' . . . , ,~"~, >..' - l' ,,-..:.-. ''',' . . . ~. "'-iiiii, -' David W. Knauer, Esquire Attorney 1.0. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW No. 01-1245 Civil Term v. JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION Please be advised that on June 2, 2006, at 1 :30 p.m., the Plaintiff will take the deposition of Dr. Bruce Goodman, at his offices, located at 1515 North Front Street, Harrisburg, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, Date: May 24, 2006 j~, , ~. '",.' .,.;./- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA .. GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 24th day of May, 2006, serve a true and correct copy of the Deposition Notice of Dr. Bruce Goodman on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 iJ~ (de ~/) avid W. Knauer Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ~.iirr---nu[CllJii1.:iWi" - .~- -'"" . '-&--.O:W.ijiil;i;",;~;~!!1l;,~d- ',""'-"~-'-' ~. -~-Jlt&'~;J"t,JJ.u_~m~u ]11 ,~.,U,_L.m.~..;~~, <" """_'_,N"_'",_.<~"~___r~" c. .c.c. ,..;.,- ,k- ~>~< P4C! -,~OJ.. -~ , '_' .~ c () '" = 0 <:"~~. = .:';.-- "" " ...,..~ ,':.= :u: :::i ~t; :c"" -'- -< n,::D r-- u:. i',) urn (J1 -'.'9 ?) :..:::~ ~~; 3:> - v ~::c,_ - (5~j -"i.. j.> ~~-~ ~ ;;:;nl .....' ~. ~-l =2 ~ ;ij en -<; ~' I, , 1-- -", ~-,~', .' '!11 4. Causation of plaintiffs injuries; and, 5. Nature and extent of plaintiffs injures. IV. LEGAL ISSUES: Defendant has admitted negligence for this motor vehicle accident. In addition, there is no dispute that plaintiff has selected the limited tort option. Defendant maintains that plaintiff has not sustained a serious impairment of a bodily function. As a result plaintiff's recovery would be limited to the amount of plaintiffs out-of-pocket medical expenses that are causally related to the motor vehicle accident. V. IDENTITY OF WITNESSES: A. Jamie Cannady; and, B. Dr. James Boyle (expert witness). A copy of Dr. Boyle's expert report is attached hereto. Defendant reserves the right to edit or delete from this list of witnesses upon proper notice to the Court and other counsel. VI. LIST OF EXHIBITS: 1. Dr. Boyle's report; 2. Plaintiffs medical records; and, 3. Plaintiffs dental records Defendant reserves the right to add or delete from this list of exhibits upon proper notice to the Court and other counsel. VII. SETTLEMENT NEGOTIATIONS On July 13, 2004 counsel for Defendant Cannady listed this case for an Arbitration Hearing. The Arbitration Hearing was held on Tuesday, September 24, 2004. Following the Hearing the panel dismissed the claim of Plaintiff Debra Sheffer and awarded Plaintiff Gregory Sheffer the amount of $6,400. On October 26, 2004 plaintiff appealed the arbitration award. From the date Plaintiff's counsel filed his appeal until the present, Plaintiff has never made any demand. In a recent telephone conversation Plaintiffs counsel stated that he did not know the amount of defendant's policy. He, however, demanded the policy limits. Defendant's carrier did not authorize an appeal of the arbitrator's award. It would have been willing to pay that figure to resolve 1h5case. Dated: 1;-- 5 Irq !o~ I f , " ~" n_ - , ,.:{C_; "'._~' ,_ /..<:i,,: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: !lJJ~ YJI Michael B. Scheib, Esquire Attorney for Defendant, Cannady Supreme Court 1.0. #63868 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 !'--~~~/~~,;~. t~~t1!.t.~- ,Q lrnatlii D tai 1m I {S"" .. ~~palien~~~I~: .t-'-'."-\~''- ,:'-.0' . ._";-ij\....:...:...;'.;~,.:_;: AesllieJic F a~@LsuiylltL, : ;d;~:' ;:," "~~~::; Snonpg Trealmeni . '. --.'f,/,-' '.I~~:::,' c":;",':,.:;. ___'."'" .C:CO.,..:,,:. Clefts , :t _-~ ]:.~ TMJIF aclal p:aiti'. . . .F _ .~' '".;< .. ,:;, _:~':.:-r. '. . . .r' .-'L<' ~ ':~~,.~~:'i~~~~~ .,~ ,-::~_.~~~~~. ',.':~~, Diplomate, ,;,.-,.. American BoantoL _ -, ~.'~..o.-.: Oral & MaxillofaCiafSurgei&{- . - ",-._. ,'0<'_' _""o"'"',}..; -. ..~:~~~ Fellow, AAOM&" '-~':i.. ..-',<:~Cff M~ffibei:. American Cleft Palate &' C~lofacial AssocIation American Traurha: Society,- ",- American OentaIAssocia1io1l', Susquehanna Oral and Maxil/o/deial Surgery, P.C y orl~ Oral Surgery Center October 8, 2003 Michael B. Scheib, Esquire 110 South Northern Way York,PA 17402-3737 RE: Gregory Sheffer Record # 13 8700 Dear Attorney Scheib: Mr. Sheffer was evaluated by me at your request for an independent dental examination on August 27, 2003. The patient was unsure ofthe reason for the examination but fell il was related to his motor vehicle accident. A history was obtained from the patient and medical records provided by your office were reviewed. The patient was involved in a motor vehicle accident on May 26, 1999. The patient had been stopped while waiting to make a left-hand turn and was struck from behind by another vehicle, The patient states that he was wearing a seat bell. The patient states that his head went back but he did not strike his head or face on the steering wheel or any other object. The patient was thcn takcn to Carlisle llospital for evaluation, Upon initial presentation there was pain in the posterior aspect of the neck. Thc patient had little discomfort of the lower back, which was not present at the time of the accident. The patient had no neurologic complaints and there waS no loss of consciousness. In addition, the patient had no other complaints other than the neck pain and lower back pain, Specific parts of the clinical examination reveal the patient's mental status was appropriate, his thoughts were clear, his memory was intact and his speech was normal and ciear. Cervical spine radiograph revealed no fracture or dislocation, There was evidence of degenerative arthritis, Dr. Winer instructed the paticnt on using ice as well as non-steroidal anti- inflammatories and tllat the patient was to follow with his regular physician. A diaguosis of cervical strain was given. The patient was followed up by Dr. Kovacs who had bccn treating Mr, Sheffer for hyperlipidemia, During thc initial examinations by Dr. Kovacs, there_was continued neck strain with symptoms of the lower back. TIle patient was noted to have good range of motion of his neck and good range of motion of his back. The patient, however, was referred to physical therapy for the increasing pain of the neck and lower back. Mr. Sheffer was then evaluat~-d and treated by the Alexander Spring Rehab Group in Carlisle, PA, The patient was placcd on a two-to-thrce timcs-a-weck regimen of range of motion exercise as well as myofacial releasc relaxation techniques. The initial assessment by the physical therapy group was cervical dysfunction and muscle spasm with restricted motion and also lower back pain associated with possible anterior 2210 E<l.st r.1.nkd Street. York, Pt'nn~r!vania,J!J02 . plwnc 011) ".lS6~9695 .J:~a};" (717) 757-'227.J. 16327 l\1L Airy RO<1l1 4 ;:;;lm'\l,.,,6ury, r\'nnsykdUi<l 1736] . Pllt>lle (717) _227-9959 , - -, --. '1VrSd&nTeetf( . Dentill Implants Ou,palienl An~stllesiil.. Aesthetic Facial Summy Snqr1ng Treatment . Clefts. TMJIFacial ,'Hin D;piuma::e, Amertcan- Board of ~lral. ,& t.Aaxi~lofacj.'lt SurU$ry F('~!ow, f',fV.lM;1-: Me.,int'it'ir: Afilelic.an Gil~ftP~I1a-t~}..rs. Cr::mlrif3clalA's'iriCl1:11iun /\!ne!1{'.al~ ' r rautn~- :Soeiet1 Amerk::an Ofm[,.3! ASS!.')(;lalion Sw;quehmna ()rai dnd A'fa.\iliol;!i:ial Surgerj!. P,C, Yorl~ (>ral Suxgery Center shift of L-5 with periodic paresthesia. Mr. Shetle,. did ,.,ot mention, nOt' was there any rncntion in t.he dink~al notes nfjaw pain or limIted range of motion or the mandible: or change in occlu$ioll. On August 6, J999 while presenting jbr physical therapy the Fmtient rCJ-mrted ja\v protrus.ion of his mandIble result.ing in abnonnal bite position. The phy"ical therapist kit that lhis was a$sociatcd with upper eervical llud jaw muscle spmim and this Jinding was to be addres5L-xl -with SpOSIJl managenlcnt tec,}ll'jjques. On the physic",1 therapy appointment of September 9, 1999, Mr. SheHer was fbund to have significant improvemenl of Ilock and low back pain, 'Ille therapist felt that there wa, TMJ dysfunction present and periodic lower cervical joint dysfllnc.lion associak-d with muscle spasm. On August 4, 1999, at the lime of his physical therapy appointment Mr. ShcJli~r \\'as noh::d tel' be tok.~raJing hi,;;. aquatic eXlrr\.~i:sing without any rebound aflcct of incn.:-ascd spasm. 11 was felt that the upp~x \.:-:ervicalnlUscle tens.ion and tightness wa..... pmbable cause of jaw mat,alignment. The physical therapist felt tllat no intervention was needed regarding thl;~ javli tnal-alignment untilll1uscle invohiernent was addrcss{~d. .Mr. Shencr then was evalnated on September 7, 1999 by Dr. BeatJ(hy, 'lbe patient's ehicfeon'plaillt at that tirne was that his lower jaw extends beyond the upper leeth, The patient. d\.~nk~~ on his physical I.~xarnination t.hal he \\-'a.~ having. any jaw joint pain or car paill, The patietlt did admit that he had clicking and popping of the bilateral t<'mporo- mandibular joints. Tllt~ patient also denied any pain when he \vas s.peaking, 111C patient also statt.'d that h!"~ was having dilTicuity chewing vHriou~ f,.~On:'ii:'itlm...~il.:s. of f{,}od. The pati,,,,t d<micd any locking or inahility to open wide. Dr. Beaudry's djnk<~l exam revealed an inds.aJ opening of 40mm and Intend rnoveme_nts of 6mm on the right. and 8mm on the Idi and a protn,,;vc or approximatdy limm. 'fhc pati",ul was noted to have a class HI ocdusion \viiJI his dentures, \/Y'hlch he had been wearing for apprflyjmately twenty years. Dr. B(.~audry also noted that tht~ pati('nt was over-closing with his {~xislillg dentm't.~s. An M.R.I. \vas ordercd by Dr. Beaudry~ which "vas pert'Jl1l1t-d on Seph:nnber 20, 1999. The fimi~ngs of thl.~ ~LR.I. w{~rc Significant, bilateral meniscus displae:enlcnt with ,~vidcl1e,,~ of r(~n;,is.h.mf di~jplal.:-cmcnt \:vilh \.:ondylar opening. Advat11:.~cd dC'gf.m\.~rativc (.'.hanges (If tbf: condylar head -were nCl-ted with the h.---dl being worse than the right. The advanced degener:JJive chang(~ are consls-knl \-vith a kmg-sl'~mding chronk condition as t--:videnc(~d h.y tlH:~ (it-generative arthritic changes noted with the ecrvicaI s.pine radiographs in thi.~ l.~mcrgen~;y room. Dr. Bcaudry~ on Scpkmtx.:-r 28. 1999. f(nmd that the paHc.nt's eurrcnt :s)"mplom~; \\Ierc an '"exacerbation ofan underlying c(mdition'~. The patient wa.s rt...'Col1.1.mended to have new dentures and a splint as inilial therapy_ On Oclohl'r 5,1999 II", pali""t was tbund to have an inci""l Opl'llin!lof46mm with la'l'raJ excursions of 9mrn bilatemlly, The course of treatment at this time was f()r the patient to see Dr. Minium., \\'ho ~1r. Sheffer had prtndously seen as a general dentist~ t()f evaluation a.nd CfHTec-tion ot'the vert.Ical dimension ofhb. oc.c1usion with ne,.v dentures. There (s nn ft:~~;ord of !\1r. Sll1;,:fft.~r $c(~ing. Dr, B~:audry again until F(,~bruary q~ 2000. Tlw /;.~xaminatjon fbund "~~;ore Tr....U.s'~. 'Then~ is no registration of 3n)' mandibuJar nmge of motion., At t.his timl" Dr., BC..lw.:lry was r(,-coIHHlt':nding that t.he patient \,vear his dentures while sleepinf~' and v.:as. treatment plarUit:d for irnplants t.o st.abdizt: new dent,urcs, On. '~:~l!! I: '.-1 ,\\'-11'[.-"+ <;'''''.-1 Y'rk i\ ll<;,:~", ,\li: "",Ii' L'.. . "", ','-. "t.,_! "~'co, 1 .. i! f.-' . I'!:,.,,,,, ("i j -i) 'i ~:,:~, '=It/..,I:, . ~. I.... ("i J -,') -..-:::;'/ .~:ti,-l ,)',.1" I"; >_1.1 . l"L.:"iCL C"l :~.! :)E"J)\)f/i ;.",!i~~'~ Deiiliil1mplanlS' 'u '- ~:~~~r~~--':~~rI:t~~;:-~~ aiiipanentAne'\lllesia>~ .:-,_,:i~~~,~_'t-.;:y - .::~,:<.; ~_~~:it~::t .~J,1~16Ia~~r~u~~~ ,- --- ,- -,'- '~;",:iL< ;-~-;_-.t.._--,-_: .:!~_ _'~ ;.",':::O":/i' Sno~TreaTrnfl5L ..~. ,-c'!~_'~ . ~:?:';;'<~:':.::"-' 'i;~i:';f~' -'.' - . . ,1;;1:1.%"., ,x;;:; :~-;r~t: .- -, .- '.' TM~fafiaJP~~ " " ,-:i Oiplom-ate,' . :~in~l1gel1f3Q_arn:9t-~ -"-f_-;~'~~ __~P-ja(-g;M~j~9f~fai SUrg~.I)C::: ~~,'.%;,,_-.-.^- -....,,-";$-~~ "_:', if{~'; Fe~o~: ~q~s,.;,.,_~ . m~ ..' ,--. . '" - "~'- Member. ' ~.~..-: ; .,., ~ \. _e - ...-'---. ,AiT!encan C(eftfawf!3 &,-. '-~~lacfaTAs_~ratfon . r . -,_ . _ __ _,...,,~'C".' ,_. _ _ American Iraut;!~-'Socie1Y ~ericah O~ntal~5~J~~l),~ -'. -:>: ~.' , '-'" Susquehanna Ora/ and Maxillo/acia/Surgery, r.c. y orl~ Oral Surgery Center February 23, 2000 the patient was found 10 have decreased TMJ symploms while wearing the dentures at night, and his incisal opening was 43mm. On May I, 2000 Mr, Shcffer undcrwent placement of two mandibular implants at the canine positions, which were eventually treated with ball abutments on August 15, 2000_ There were no further range of motion remarks until April 29, 2003 where il was noted that the patient had an incisal opening of SOmm and 2mm of right lateral excursion and 3mm of left lateral excursion. The dentures were noted to be stable, Review of Dr. Minium's record reveals that the patient had been seen on January 10, 1991 for a denture check. There is no mention of the patient's type ofoccJusion or how old the existing dentures were at that time. The next recorded visit by MJ-, Sheffer is on O<:tober 27, 1999 where fmal impressions were taken, The remaining treatment record involves the patient undergoing wax try,ins, checking of alignment of the dentition and adjustments taking place from December 21, 1999 to February 7, 200([' The patient then had impressions of the ball abutments on August 30, 2000 in preparation for abutment attachments for the denture. There is no mention during any of the trealment with Dr, Minium of occlusion, changes in occlusion or any of the patient's temporo- mandibular joint symptoms, Dr, Kovacs' examination in his office of July 16,2000 states that the patient was mostly recovered from his accident. The patient had been jogging between six and twelve miles a weck. The patient was notcd to have a normal ear nose and throat exam and his extremities were without edema. In summary, Mr. Sheffer had suffered myo-facial symptoms following the motor vehicle accident. The patient was treated via rigorous physical therapy regimens for improvement of both his neck and lower back problems. As it relates to the oral cavity and temporo-mandibular joints, the paticnt did not present with any symptoms until approximately six weeks status post trauma, Both the M,RL and the cervical spine films indicate chronic degenerative joint disease. Therc is clinical evidence of over-c1osure/loss of vertical dimension with the patient's existing dentures that were worn at the time of his motor vehicle accident, It appeared that the patient's symptoms improved with adjustments of the existing denture and fabrication of a new denture. The patient was also undergoing physical therapy for range of motion as well as relaxation exercise for the myo-facial symptoms with which Mr, Sheffer was afflicted, The examinalion in our office on August 27, 2003 revealed a well,developed well- nourished male in no acute distress who was tolerating a regular diet, was having no pain at all with his temporo-mandibular joints and had no symptoms of pain with palpation or trigger points about the face and neck. The patient had periodic clicking of thc temporo-mandibular joints, which were not painful or limiting the patient's range of motion, The patient had an incisal opening of greater than 40mm, The mandibular implants were noted to be stable wilh pink soft tissue about the implants, The patienl al 2210 Eil.i:'L /'.larb:t Sln'>l..'l ~ York, Pennsylvania 1',j.!.l12 . rl1l'ne eil?) 765-9695. Fax (717) 7S7~227.1, -~-']6~327 t.'1t~\i;~---R~~di . Sllr:\:i:;~;" PelJ-;1;~]:::-i1~1:-J'X361 . rllOne (717) 227-9959 ---- lmu,UllillilillldlliW~_ "II"-ilh~-' c, ,- '~","',:,.,., :-~',:,::;:~{;:-,--'''' -- <J,;:,~j;,'_; ",~ ,', ' - .'.0-',,::__-'''_ ';--;'~-;;"::,:;'-" .-- ;:~[~i~~t;:-';- -".'c--" """-"':j-)1' \_,:X,";i:';; "'~::;>,;<'-,-. ':.-.i;::'~i,,:c:,;_' >", "";->',-"" ,,,'C.;;'- ."-",,,; '..'-.'~,~" '-' ,,-; '~ - .:\-,;~:/"" "~.-_~,, . .\~",' < ~--'_c-:- ~~~iairrallma 'J'-' Wiiid9nJ Teeth m*nlaLlmplanls O:Qlpalient Aneslhesia ~sthE!licFacial Surgery -'--"- ,:-'.' , $R~rjhg Treatment ,,--,-,,,,--, Qlefts -,,',:,~,-:;, , ;tf:ll~)F.kial Pain 0iplqltlate, --4P1~_~~-n--Board of -:Qh3'(:&jM,aXHlofacial-SiJrgery*- '-,,"," .::- ,WdiI6W)/Membe" MOMS ';M~fu6f)r. Ame'rican Cleft Palate & Cf~!iiofucial-Association :~~rican Trauma s~ciety ."'-'0,--, _ .-Americim- Dental Association '" \, J- 'n-i-' ~- -~-':- ,,,,,,,-,,,. ,e_ _., ~, 'Susquehanna Oral and Maxillofacial Surgery, P.C. James M. Boyle, III, D.D,S., M.S.* John J. Hankle, D,M.D.* Todd E. Seitz, D.M.D.* Robert L. Waltz, Jr., D,M,D. implants were noted to be stable with pink soft tissue about the implants. The patient at this tilDe was still taking Alleve and amitrip1yline for episodes of neck and lower back pain. Mr. Sbeffer had been a long-standing denture wearer with long periods of time between regular appointments with his prosthesis. The patient had pre-existing degenerative changes of the tempora-mandibular joint as well as the cervical spine. Mr. Sheffer also had dentures that exhibited a decreased vertical dimension, which is not uncommon with dentures that are over five years of age. At the time of the patient's specific evaluation for his tempora-mandibular joints, the patient's only complaint was that his lower jaw protruded beyond the upper jaw. There is no mention in the records of any specific correction of the patient's initial chief complaint. At the time of the initial presentation the patient was having no pain with his temporo-mandibular joints and exhibited a normal range of incisal opening. The patient did state to me that his existing denture had a comfortable bite and it is unclear at what point in his treatment that tbe bite was improved. It was likely that this was with the fabrication of new dentures. The patient's improvement in his symptoms of the tempora-mandibular joint appear to be a combination of correcting the pre-existing condition of needing new dentures as well as the range of motion and relaxation therapy the patient was undergoing with the physical therapist. The mandibular implants enhanced the retention of the mandibular denture. I do not [md any correlation with the placement of the implanls and Mr. Sheffer's treatment of his tempora-mandibular joints, The implant treatment is not related to the motor vehicle accident. Since the patient has returned to a normal diet, normal speech and returned to work, Mr. Sheffer, in my opinion, did not suffer serious long-term impairment of maxillofacial/dental function. Mr, Sheffer was cooperative and polite during the examination. If I can be of further assistllnce, please do not hesitate to call. Sincerely, 1\ ~/7 l;;/ ; '? ames M. Bo , D.D.S" M.S. Fellow Arne can Association of Oral and Maxillofacial Surgery Diplomate, American Board of Oral and Maxillofacial Surgery JMB/mab 2210 Eao:t Marl,.et 5treet 0 Yayl", Pennsylvania 17402 0 phone (717) 755-9695. Fax (717) 757-221-1..._ 16327 ML fury Road. $hrewshUJY, Pennsylvania 17361 . Phone (717) 227-9959 , & > ,",_,1 "' i'I-- , . >' ,-,'."--"- --- . . '--';',.",;..,-'--, I: """. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law v. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED AND NOW, this CERTIFICATE OF SERVICE ;q1v day of May, 2006 I, Michael B. Scheib, a member of the , firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served the Defendant Cannady's Pre-Trial Conference Memorandum, by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (counsel for plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS U BY: 1fJJ& Michael B. Scheib, Esquire Attorney for Defendant, Cannady Supreme Court 1.0. #63868 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 ~. - ~ J _1 " .1' . David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C, 411-A E, Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM Basic facts as toliabilitv: On May 26, 1999, at or about 12:00 p.m., the Plaintiff, Gregory L. Sheffer, had been traveling North on State Route 74 in Monroe Township, Cumberland County, in the vicinity of Miller Boulevard and stopped with his left turn signal activated, waiting for southbound traffic to pass so that he could make the left hand turn onto Miller Boulevard. While the Plaintiff was waiting to make the turn onto Miller Boulevard, the Defendant drove into the back of the Plaintiffs vehicle. ".._,-' C'_"")-, MAY 1 7 Z006r -- ^,"" i, ~ "-, . - * Basic facts as to damages: In this Limited Tort action, the Plaintiffs injuries from the collision are soft tissue injuries and temporomandibular joint dysfunction (TMJ). TMJ is a permanent and progressive condition of the jaw joints and muscles and ligaments of the joint. Principal Issues of Liabilitv: The Plaintiffs assume that the Defendant will stipulate as to negligence. . Principal Issues of Damages: The central issue on damages is the Limited Tort issue of whether the injuries the Plaintiff suffered constituted a serious impairment of a bodily function. The non-physically injured Plaintiff, Debra L. Sheffer, has a consortium claim. Summary of legal issues: a.) If the Defendant does not stipulate that his negligence was the sole cause of the accident, then the Plaintiff will have to establish that fact. b.) The Plaintiff will have the burden of establishing that he has suffered a serious impairment of a bodily function. If the Plaintiff establishes that he suffered a serious impairment of a bodily function, then the damages issue will be the extent of the injuries. 2 ''''"' -- ._,"",,-'~~~ ,,~....~~~-->~ "~- ~" -.....'" , "-- , ,,- ~ - c.) If the injured Plaintiff establishes that he has met the Limited Tort standard, then the non physically injured Plaintiff, Debra Sheffer, will have the burden of establishing the extent of her loss of consortium. Identity of witnesses: a.) Plaintiffs; b.) Dr. Robert J. Beaudry, Jr.; c.) Dr. Bruce Goodman; d.) Mr. David Raptosh The Plaintiffs reserve the right to supplement this list of witnesses and/or to call any witness the Defendant identifies or calls. Exhibits: The Plaintiffs oral surgical expert may have some demonstrative evidence showing the structures of the joints and the MRI for ,comparison. Stipulations: a.) United States Life Tables from the Suggested Standard Jury Instructions; b.) All photocopies of the Plaintiff's medical records are authentic and that the records custodians are not required to be brought to court. However, all objections to the admissibility of the contents of the records are reserved. 3 ~- ~ ~.- Status of settlement neQotiations: , , .1'. "i'_ = ,-- - , .~ , '~ The Plaintiffs have made a policy limit demand. The Defendant has not made an offer. Date: May 17, 2006 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. $.g.4iM~~'~ Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 4 "" L_ '__I 1_. ~-'--!, "', '-~1-': IN THE COURT OF COMMONIPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 17th day of May, 2006, serve Cl true and correct copy of the Pre-Trial Memorandum on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 91~~y~ David W. Kn uer Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 . -. < - ~ - ~I--: -,~- > . . ., GREGORY 1. SHEFFER and DEBRA 1. SHEFFER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-1245 CIVIL JAMIE R. CANNADY, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held May 24, 2006, were David W. Knauer, Esquire, attorney for the plaintiffs, and Michael B. Scheib, Esquire, attorney for the defendant. This case arises out of an automobile accident which occurred on May 26, 1999, when the defendant drove into the back of the plaintiffs' vehicle, The defendant has admitted negligence. There will be a question in the case as to the extent of the plaintiff s recovery for medical bills, The defendant contends that not all of the bills were related to the motor vehicle accident and, in any event, the plaintiff did not actually pay the medical expenses. As this case involves a limited tort election, there is a threshold question as to whether or not the plaintiff has sustained a serious impairment of a bodily function. This otherwise uncomplicated case should take no more than two days to try. David W. Knauer, Esquire For the Plaintiffs . III May 24, 2006 Michael B. Scheib, Esquire For the Defendant Court Administrator ~~.it1i1iI""";'-'-~'- _~,". "00',\',1. e, ,__,_,~, ^~ ,~. " - . Wli- ,v 4W~!iirr~"- "~tlli'-- '..~-"" ~- -, Q7.~)lfr-r ", ~.. ,"' "....j r. 0 ~{~ it ~H 90HZ ;' ~"\"1' :-'I'!' '" :, ",' I ~~ \tJ~ 'JL\~ ::,.,,-j 0.-,,,] 'HI .JO :i:l!:--:6~(J31Y .l. .J ,,-~-, ,-,- "~ = -- ~ . eel}"',,_",,,_ i , .';}~ '::>: , ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER, Civil Action - Law Plaintiffs, No. 01.1245 v. JAMIE R. CANNADY, Defendant. JURY TRIAL DEMANDED TRIAL BRIEF OF DEFENDANT JAMIE R. CANNADY Come Now Defendant Jamie R. Cannady, by and through his attorneys, Griffith, Strickler, Lerman, Solymos & Calkins, and Michael B. Scheib, Esquire, files this Trial Brief in connection with the trial which is scheduled to be held June 12 -13, 2006. I. LIABILITY Defendant has admitted liability for the motor vehicle accident. The motor vehicle accident arises out of an accident which occurred on May 26, 1999. II. ISSUES Plaintiff Sheffer is a limited tort plaintiff. Plaintiff is entitled to his economic damages. Plaintiff has not suffered any lost wages. Plaintiff has incurred some out-of-pocket loss in the form of medical bills. The amount of the medical bills is disputed. With respect to the non-economic loss, plaintiff has not suffered a serious impairment of a body function. Accordingly, Defendant states that Plaintiff is not entitled to any compensation other than the limited economic damages which he has sustained. 1 _c_' _. ~- - ,--- ! - , " ""-. ,- '_'e_' _ '_PL.;',-,,-' _~ , ~.. . . , , III. DAMAGES A. Economic damages As previously stated, Plaintiff Sheffer is a limited tort Plaintiff. He has not suffered any lost wages. He has incurred some out-of-pocket medical expenses. Defendant believes that the actual amount of Plaintiff Sheffer's out-of-pocket medical expenses is less than reported. In addition, not all of the alleged out-of- pocket medical expenses are admissible. In some instances Defendant's expert witness has testified that the treatment was not related to the motor vehicle accident. In other instances no witness has testified that the treatment was related to the motor vehicle accident. In discovery Plaintiff has produced a hand written note entitled out-of-pocket expenses. This document indicates that Plaintiff has incurred out-of-pocket expenses in the amount of $5,926.68. This figure should be reduced. First the hand written note from Plaintiff Sheffer indicates that his employer paid dental bills of $1,200. Thus, this amount is not part of Mr. Sheffer's out-of-pocket expenses. Secondly the out-of-pocket expense figure should be reduced in the amount of Dr. Minium's bills. The hand written note indicates that Dr. Minium's bills total $1,200. Plaintiff Sheffer has indicated that he has paid $556.30. There is an outstanding balance of $643.70. Since Plaintiff Sheffer has not incurred the out-of-pocket expense, the outstanding balance of $643.70 should not be admitted into evidence. 2 .,,1 -;-,.- -.;,1,- -' ,,-,. ("""~<'- ,,~ --,- , , ' In addition, the entire amount of Dr. Minium's bills should not be allowed. No one will testify that Dr. Minium's bills of $1,200 are related to this motor vehicle accident. Dr. Minium will not testify at this trial. The $1,200 bill from Dr. Minium is for Plaintiff's new dentures. Plaintiff Sheffer had 21 year old dentures at the time of the motor vehicle accident. The motor vehicle accident is not the reason for the new dentures. Finally, the Out-of-Pocket Expense sheet list medical bills in the amount of $1,776. These are from various health care providers that allegedly treated Mr. Sheffer. A witness from the facilities will not testify at the trial of this matter. In addition, there is no testimony that these medical bills are related to the motor vehicle accident. Accordingly, they can not be included in Plaintiff's list of damages. More importantly, Plaintiff Sheffer has alleged that he paid a Central PA MRI Center bill of $850.00. Plaintiff Sheffer has not incurred this expense. Plaintiff has produced a letter dated March 21, 2000 from American Sentinel Insurance Company (ASIC) to Central PA MRI Center. In this letter ASIC refused to pay the Central PA MRI Center bill of $850.00 because the benefits had been paid directly to the claimant, Gregory Sheffer. A few months later Plaintiff Sheffer sent a check for $850.00 to Central PA MRI Center. He however did not incur an out-of pocket expense. Rather, the insurance company check had been sent directly to him instead of to the health care provider. As previously stated, the actual amount of Plaintiff Sheffer's out-of-pocket medical expenses is less than reported. 3 ,':1. _""H'"- ~ "'_ -, ", Il;~' _~ _-" '. , ,.-p '. , "," "j,-~,- ,,-.,',"', 'Y"-'-'- ~-"'i , . B. Non-Economic Damages Plaintiff alleges that he suffered a serious impairment of a body function. Plaintiff attempts to allege that he has TMJ. Plaintiff, however, does not have a serious impairment of a body function. Plaintiff was seen by Dr. Beaudry on September 7, 1999. At that time he filled out a questionnaire. He indicated that he was not suffering from any jaw joint pain, ear pain, or pain when he spoke, chewed food or opened his mouth wide. In essence Plaintiff has not suffered any pain at all. Dr. Beaudry will testify in this matter. He indicated that Mr. Sheffer complained that his dentures fell out of his mouth during the evening hours, In order to get the dentures to stay in his mouth, he inserted an implant in his mouth. The purpose of the implant was to simply hold the dentures in his mouth while he was sleeping. Mr. Sheffer did not have any disruption of his lifestyle. He did not suffer a serious impairment of a body function. As a result Mr. Sheffer is not entitled to an award for non-economic damages. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS Date: BY: MI EL HEIB, ESQ Supreme Court 1.0. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for Defendant 4 -~ ,.', ." < ~ ,". "'-' , ''''"';;;',, ,'- RECE;lVBf5 JUN 1 2 Z006 1:~ '{: ~.- - -" -~"=:,_.;o~,;_~~_-c::-.~_.- .=_: .." <"I , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER, Civil Action - Law Plaintiffs, No. 01-1245 v. JAMIE R. CANNADY, Defendant. JURY TRIAL DEMANDED TRIAL BRIEF OF DEFENDANT JAMIE R. CANNADY Come Now Defendant Jamie R. Cannady, by and through his attorneys, Griffith, Strickler, Lerrnan, Solymos & Calkins, and Michael B. Scheib, Esquire, files this Trial Brief in connection with the trial which is scheduled to be held June 12 -13,2006. I. LIABILITY Defendant has admitted liability for the motor vehicle accident. The motor vehicle accident arises out of an accident which occurred on May 26, 1999. II. ISSUES Plaintiff Sheffer is a limited tort plaintiff. Plaintiff is entitled to his economic damages. Plaintiff has not suffered any lost wages, Plaintiff has incurred some out-of-pocket loss in the form of medical bills. The amount of the medical bills is disputed, With respect to the non-economic loss, plaintiff has not suffered a serious irnpairment of a body function. Accordingly, Defendant states that Plaintiff is not entitled to any cornpensation other than the limited economic damages which he has sustained, 1 ."1 _' ,":' l~ , , ,,,' L_" . ~ " ,'. C ,_ - - )'" 'J \>-~"" <,- " ,'- ~L'! III. DAMAGES A. Economic damages As previously stated, Plaintiff Sheffer is a limited tort Plaintiff. He has not suffered any lost wages. He has incurred some out-of-pocket medical expenses. Defendant believes that the actual amount of Plaintiff Sheffer's out-of-pocket rnedical expenses is less than reported. In addition, not all of the alleged out-of- pocket medical expenses are admissible. In sorne instances Defendant's expert witness has testified that the treatment was not related to the motor vehicle accident. In other instances no witness has testified that the treatment was related to the motor vehicle accident. In discovery Plaintiff has produced a hand written note entitled out-of-pocket expenses. This document indicates that Plaintiff has incurred out-of-pocket expenses in the amount of $5,926.68. This figure should be reduced. First the hand written note from Plaintiff Sheffer indicates that his employer paid dental bills of $1,200. Thus, this amount is not part of Mr. Sheffer's out-of-pocket expenses. Secondly the out-of-pocket expense figure should be reduced in the amount of Dr. Minium's bills. The hand written note indicates that Dr. Minium's bills total $1,200. Plaintiff Sheffer has indicated that he has paid $556.30. There is an outstanding balance of $643.70. Since Plaintiff Sheffer has not incurred the out-of-pocket expense, the outstanding balance of $643.70 should not be admitted into evidence, 2 w ~ J' '-', '~ ; In addition, the entire amount of Dr. Minium's bills should not be allowed. No one will testify that Dr. Minium's bills of $1,200 are related to this rnotor vehicle accident. Dr. Minium will not testify at this trial. The $1,200 bill from Dr. Minium is for Plaintiff's new dentures. Plaintiff Sheffer had 21 year old dentures at the time of the motor vehicle accident. The motor vehicle accident is not the reason for the new dentures. Finally, the Out-of-Pocket Expense sheet list medical bills in the amount of $1,776. These are from various health care providers that allegedly treated Mr. Sheffer. A witness from the facilities will not testify at the trial of this matter. In addition, there is no testimony that these medical bills are related to the motor vehicle accident. Accordingly, they can not be included in Plaintiff's list of damages. More importantly, Plaintiff Sheffer has alleged that he paid a Central PA MRI Center bill of $850.00. Plaintiff Sheffer has not incurred this expense. Plaintiff has produced a letter dated March 21, 2000 from American Sentinel Insurance Company (ASIC) to Central PA MRI Center. In this letter ASIC refused to pay the Central PA MRI Center bill of $850.00 because the benefits had been paid directly to the claimant, Gregory Sheffer. A few months later Plaintiff Sheffer sent a check for $850.00 to Central PA MRI Center. He however did not incur an out-of pocket expense. Rather, the insurance company check had been sent directly to him instead of to the health care provider. As previously stated, the actual amount of Plaintiff Sheffer's out-of-pocket medical expenses is less than reported, 3 ,',h. "'^ ,"_0 ,.--1 ~_,_, -' -.,L- ',- I B. Non-Economic Damages Plaintiff alleges that he suffered a serious impairment of a body function. Plaintiff attempts to allege that he has TMJ. Plaintiff, however, does not have a serious impairment of a body function. Plaintiff was seen by Dr. Beaudry on September 7, 1999. At that time he filled out a questionnaire. He indicated that he was not suffering from any jaw joint pain, ear pain, or pain when he spoke, chewed food or opened his mouth wide. In essence Plaintiff has not suffered any pain at all. Dr. Beaudry will testify in this matter. He indicated that Mr. Sheffer complained that his dentures fell out of his mouth during the evening hours. In order to get the dentures to stay in his mouth, he inserted an implant in his mouth. The purpose of the implant was to simply hold the dentures in his mouth while he was sleeping. Mr. Sheffer did not have any disruption of his lifestyle. He did not suffer a serious impairment of a body function. As a result Mr. Sheffer is not entitled to an award for non-economic damages. Date: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS (I ;0 I I. )/// ,~! / BY: /llJ'.. ~ /"jt-'}l(t0r MI HAEL B. HEIB, ESQUIRE Supreme Court 1.0. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for Defendant 4 -'--""-~+'", lJ.iiliil ~ - ~ , , " . , " ,L ,-, ,.', ~ - <' '.-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER, Civil Action - Law o f;: Q5fr Plaintiffs, No. 01-1245 (.::~ .- v. JAMIE R. CANNADY, Defendant. ~~ \.D JURY TRIAL DEM$DED "'" - MOTION IN LIMINE OF DEFENDANT JAMIE R. CANNADY Come Now Defendant Jamie R. Cannady, by and through his attorneys, Griffith, Strickler, Lerman, Solymos & Calkins, and Michael B. Scheib, Esquire, and files this Motion In Limine, Defendant Cannady requests this Honorable Court to: I. Preclude Mention ofInsurance; and, II, Preclude Introduction of Plaintiffs Medical Bills. I. MOTION IN LIMINE TO PRECLUDE MENTION OF INSURANCE The general rule in Pennsylvania is that evidence of insurance is irrelevant and justifies the grant of a mistrial. See, Divelv v. Penn Pittsburgh Corporation, 332 Pa. 65, 2A.2d 831 (1938): Paxton National Insurance Companv v. Brickailik, 513 Pa. 627, 522 A.2d 531 (1987). The mention of insurance or the fact that the Defendant has insurance coverage for this lawsuit would prejudice the Defendant and would require a mistrial. Phillips v. Shoenberger, 369 Pa, Super. 52, 534 A.2d 1075 (1987). WHEREFORE, Defendant Jamie R. Cannady respectfully requests this Honorable Court to enter an Order to preclude the parties, the attorneys and all witnesses 1 , ~' - ." - c. _ _ ,- . _ ,:.)," ;,_' "'~ = = .:;;:, o ., --; :r:-n fl1.,= :88 ~~3 ~~: C);:o'o;' :-~ '- J tSfll :::;;; :::0 .-< L .€i N "'" --"~ '-, _,'.,'- ""'f,",'"'' -'-""~f:: from using the word "insurance" during their testimony, or inferring, implying or testifying that the Defendant is covered under a liability policy. II. MOTION IN LIMINE TO PRECLUDE INTRODUCTION OF PLAINTIFF'S MEDICAL BILLS Plaintiff Gregory Sheffer is a limited tort plaintiff. Pursuant to Pennsylvania Law, Plaintiff Sheffer will be allowed to recover "his" out-of-pocket expenses. Plaintiff Sheffer does not have any lost wages. Accordingly, his out-of-pocket expenses will be limited 10 his medical expenses. During discovery, Plaintiff Sheffer produced a hand written note which was entitled "Out of Pocket Expenses". A copy is attached hereto as Exhibit A. This document indicales that the out-of-pocket expenses Iota! $5,926.68. During the Pre, Tria! Conference, Defense counsel showed the document to Judge Hess. Plaintiffs counsel did not indicate lhat the document needed to be updated. A. THE OUT OF POCKET EXPENSE FIGURE SHOULD BE REDUCED BECAUSE MR SHEFFER DID NOT INCUR THE EXPENSE The document indicates that Crossroads Bible (plaintiffs Sheffer's employer) paid $1,200, Thus, the out,of-pocket expense figure should be reduced by lhis amount. Plaintiff Sheffer did not pay this bill out of his pocket. He did not incur this expense. B. THE OUT-OF POCKET EXPENSE FIGURE SHOULD BE REDUCED BY THE AMOUNT OF DR MINIUM'S BILLS The Out-of-Pocket Expenses Sheet prepared by Plaintiff Sheffer indicates that Dr. Minium bills totaled $1,200. Plaintiff Sheffer has indicated that he paid $556.30 and has an outstanding balance of $643.70. Since Plaintiff Sheffer has not incurred the 2 _~, ~it$ L.',J l _~'" , - ~ - ___r.1 -' -",., '" " '~ .~,- out-of-pocket expense, the outstanding balance of $643.70 should not be admitted into evidence. In addition, the entire amount of Dr. Minimn's bills should not be allowed. No one will testify that Dr. Minimn's bills of $1,200 are related to this motor vehicle accident. Dr. Minium will not testify at this trial. None of Plaintiff's expert witnesses have said that the $1,200 bill from Dr. Minimn is related to the motor vehicle accident. The $1,200 bill from Dr. Minimn is for plaintiff's new dentures. Plaintiff Sheffer had 21 year old dentures at the time of the motor vehicle accident. Dr. Boyle testified lhal lhe American Dental Association recommends that a person have his dentures rechecked every 5 years. The molor vehicle accident is not the reason for the new dentures, C. THE OUT-OF POCKET EXPENSES SHOULD BE REDUCED BECAUSE PLAINTIFF'S EXPERT WITNESS HAS NOT STATED THAT THEY WERE REASONABLE, NECESSARY, CUSTO~Y AND RELATED TO THE MOTOR VEHICLE ACCIDENT The Out-of-Pocket Expense sheet list medical bills from Central PA MRl ($875,00), PRlSM, P.C. ($360,00), Alexander Springs Rehab ($508.00) and Yellow Breeches Family Practice ($33.00). These medical bills total $1,776.00. None o.fPlaintiffs witnesses will testify that these bills are reasonable, necessary, customary or, most importantly, related to the motor vehicle accident. Withoul this teslimony the medical bills are not admissible. More importantly, Plaintiff Sheffer has not incurred any out-of-pockel for these expenses. In discovery, Plaintiff has produced a letter dated March 21, 2000, from American Sentinel Insurance Company (ASIC) to Central PA MRI Center. In lhis letter, 3 - ',' ,., ~. '. "~,.;.;,, - ,:,j; J'. '~- M'""",,, ' -,_,;' '"~,~- C,_,,,",;,;,_'," '16, ASIC refused to pay the Central P A MRI Center bill of $850.00 because lhe benefits had been paid directly to the claimant, Gregory Sheffer. A few months later Plaintiff Sheffer senl a check for $850.00 to Central PA MRI Center. He however, did not incur an out- of-pocket expense. Rather, the insurance company check had been sent directly to him instead ofto the health care provider, WHEREFORE, Defendant Jamie R. Cannady respectfully requests this Honorable Court to enter an Order to preclude or limit the medical bills Plaintiff Sheffer can introduce into evidence. Date: ~1{Z-lo? I GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKlNS BY u~J4J MICHAEL B. SCHEll, ESQUIRE Supreme Court l.D. No, 63868 110 South Northern Way York,PA17402 Telephone: (717) 757-7602 Attorney for Defendant 4 ~. " , "" ^ .;.' , . ',' ~ ~..,.c, ,~,,_" ,.,,' ". , 0,,+ o~ P. c-fai- Ej'p.?-JS~J , . . Ct;+f~c fb 1'>Jt:;T Ck -::If 779 fJ 7..). 00 f((tS'/,? , fc, Cl:...:rf. 780 (Q'P.. .])cf"p!&s; ) J to. 00 J)(L Rza f'YJ I,J IV <>1 cl Jf 172 S,S'~ sa (5c,L s-/,tl C, t.lt:/) b ;,t3. 70 rJ tc:/;:?rJ~ Jflff.--J '- f?c: ./hl..tr ck.. jJ 7g.::J. rog 00 {] [ll U j)'7' o (lAL S-U({~ C [=778 I ljl;J. sY 3 00 00. It tl f ( :5~.']Y It I' I' II 'i n yl(JJ.cu bff.Cc(h ~(7 f'~cc ------ Ms#.J!>i,l t;, 6'11.70 r P<jtD "0 J ;). cc" C",,~5./!4M>>' jj,/l1Z- !br.</), JJ.. 00 ------------ _ Q ') 9$ ..\ )0-', ,~L 68 S9,).(,.. C~~( )'YJC!JiC-IX Ci:l:rt C ~Gl",p(T.'~ ) (T&;,tS ";.-.j'+) - . TELEPHONE (717) 249.2448 Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 IJ ~ ~-' ;c.. . ,~ THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, P A 17013 FAX (717) 249-410 August 4, 2004 Rolf E. Kroll, Esquire 3510 Trindle Road Camp Hill, Pa 170 II Re: Gregory L. Sheffer and Debra L. Sheffer v. Jamie R. Cannady Civil Action - Law No. 01-1245 Dear Steven and Rolf: Enclosed please find a copy of the Order and Petition for Appointment of Arbitrators for the above captioned matter. My office will be calling you in order to coordinate a suitable time to hold the hearing, As soon as a date has been set for the hearing in this matter, a copy of the pleadings will be sent to you. If you have any questions, please call me. JDB/clb Enclosures Very sincerely yours, 0/ Joseph D. Buckley, Esquire ,,-- ,. ",' t:- '. '-1 . _~ '," ' I: . ,'-. ''',I. .'- '".". ,,'J ,,,-,,-,_ ..~, " - '-'_;';,. , , .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action, Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED To: Gregory L. Sheffer and Debra L. Sheffer, Plaintiffs c/o David W. Knauer, Esquire 41l-A East Main Street Mechanicsburg, P A 17055 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BY GRIFFITH, STRICKLER, LERMAN, it:l;S~1JJ M"h", t.'h".' ,,,,"'CO Attorney for Defendant Cannady Supreme Court 1.0. # 63868 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 Date: ---, 'I- "".,.._1._' -",.-.-.;., , ,- ''C.' ~:,'f'" ';~'__h-.I- '; -c., - '~-i:..,;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L, SHEFFER Plaintiffs, Civil Action - Law vs, No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT JAMIE R. CANNADY AND NOW COME, Defendant Jamie R. Cannady by and through his attorney, Michael B. Scheib and Griffith, Strickler, Lerman, Solymos & Calkins in response to the allegations in Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 of Plaintiff's Complaint and the sarne are denied and strict proof thereof is demanded. 2. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 2 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. 3, Admitted in Part and Denied in Part. It is admitted that Defendant Cannady is an adult individual. The address in incorrect. His current address is 261 Ridge Hill Road, Mechanicsburg, PA. 4. Admitted in Part and Denied in Part. It is admitted that Plaintiff .,^" - ~ v~',- .~~__" ;-~.~->"' . ,~',-- ., -~ ,-- ~ '1:+' . , Sheffer was the operator of a 1986 Buick. The remaining allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 4 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. 5. Admitted. 6. Admitted in Part and Denied in Part. It is admitted that at the date and time set forth, Plaintiff Sheffer was operating a vehicle on Route 74. The remaining allegations are denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the ,-1 ,.1 :;i , I ., ,.1 truth or veracity of the allegations contained in paragraph 6 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. 7. Admitted in Part and Denied in Part. It is admitted that the vehicles " " i i came into contact with one another. The remaining allegations are denied. After ;:i ') reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 7 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. 8. Denied. This paragraph states a legal conclusion to which no response is required. To the extent that a response is required, it is specifically denied that Defendant Cannady was careless, reckless and/or negligent and that his carelessness, recklessness, and/or negligence consisted of: a.} Failing to keep a vigilant outlook for traffic in front of his - , "~' "" ,'1,'" '_. ~ ',,, .8:.' vehicle; b.} Failing to see the Plaintiff's vehicle then and there lawfully stopped with its turn signal activated waiting for southbound traffic to pass before turning onto Miller Boulevard as aforesaid; c.} Failing to avoid striking the Plaintiff's aforesaid vehicle; d.) Operating his vehicle at a speed in excess of the speed for safe travel; e.} Failing to keep an assured clear distance between his vehicle and the Plaintiff's aforesaid vehicle; f.) Striking the Plaintiff's aforesaid vehicle; g.} Violating 75 Pa.C.S.A, 3714; and h. Violating 75 Pa.C.S.A. 3361. On the contrary, at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. 9. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 9 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. 10. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 10 of Plaintiff's >,_v _ ~-, ,~ J., ,~- ,.,~-. -,"--;-" -,~ < '-". !if;.:....~~1Y Complaint and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant Cannady respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiffs together with the cost of this lawsuit. COUNT II Debra L. Sheffer v. Jamie R. Cannadv 11. Paragraphs 1 through 10 of Defendant's Answer With New Matter are incorporated herein as though fully set forth at length. 12. Denied. This paragraph states a legal conclusion to which no response is required, Furthermore, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 12 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant Cannady respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiffs together with the cost of this lawsuit. BY WAY OF FURTHER DEFENSE: NEW MAHER OF DEFENDANT JAMIE R. CANNADY 13. Paragraphs 1 through 12 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length. 14. Plaintiff's injuries, if any, were caused by the acts or omissions of a third party over whom Defendant Cannady had no control. 15. Plaintiff's injuries, if any, were caused by events which either pre- 1 dated or post-dated the motor vehicle accident which is the subject of this lawsuit. 16. Said Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 1 7, Said Plaintiffs' Complaint may be barred or limited by the applicable statute of limitations. 18. Plaintiffs' injuries, if any, may be caused or contributed by his own contributory negligence and/or assumption of the risk. 19. Plaintiff was previously treated for TMJ. 20. Plaintiff was previously treated for soft-tissue injuries. 21. Plaintiff has selected the limited tort option. 22. Plaintiff's recovery, if any, is limited by the Motor Vehicle Financial Responsibility Law. 23. Plaintiff has not incurred any out-of-pocket expenses. WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in their favor and against the Plaintiffs together with the cost of this lawsuit. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ../ , - '-'.'>', ",,---' ,.,)' u _' ,,"~- -.', ';-'_';" _<,_,,~',.,_;_-_c= _', VERIFICATION I~:mI" R CfI' tl/F\l\~ ' hereby verifY that the statements made in the foregoing Answer and New Matter laintiffs' 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: ~/~~) 111 ~ ._1.'_"__ ~ , ,"'" ,. , -;", <<'" ~ . - :~ '., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law V$. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE {~ :Stllle. AND NOW, this ~ of~, 2001, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby Defendant Jamie R. Cannady by United States Mail, addressed to the party or :~j ., :"1 :! i~ 1f1 1'1 i:J :;1 :'1 :~I 1'1 certify that I have this date served a copy of the Answer With New Matter of attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) I:, I,; :-, !:; i'i " GRIFFITH, STRICKLER, lERMAN, SOL YMOS & CALKINS BY: M el B. Scheib, ESQUIRE Attorney 1.0. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Cannady " , I , ' " . "~ J ,_~ . ~ . 0 "~. ,"' ,'__ """ ~'" ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. ..- No. 1!J/-p.yS Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you rnust take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 -~ ='. .~" ,~ M_o' .. NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted debe presentar una apariencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 31 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 0~JLU~ David W. Knau r Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: March 5, 2001 1.- ~-- '-. - (" ;'0 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. {J IfJ.VIS Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED COMPLAINT COUNT I GREGORY L. SHEFFER V. JAMIE R. CANNADY 1. The Plaintiff Gregory L. Sheffer is an adult individual with an address of 1176 Rhoda Boulevard, Mechanicsburg, Pennsylvania 17055. 2. The Plaintiff Debra L. Sheffer is an adult individual and the spouse of the Plaintiff Gregory L. Sheffer and resides with him at his aforesaid address. 3. The Defendant Jamie R. Cannaday is an adult individual with an address of 22 East Street, Apartment 5, Mount Holly Springs, Pennsylvania 17065. 4. At all times relevant herein, the Plaintiff Gregory L. Sheffer was the operator of a certain 1986 Buick the Plaintiff Debra L. Sheffer owned. 5. At all time relevant herein, the Defendant Jamie R. Cannaday was operating a certain 1985 Dodge Daytona that he owned. 1 ,M I , ,~ . 6. On May 26,1999 at or about 12:00 p.m., the Plaintiff Gregory L. Sheffer had been traveling North on State Route 74 in Monroe Township, Cumberland County, in the vicinity of Miller Boulevard and stopped with his left turn signal activated waiting for southbound traffic to pass so that he could make the left hand turn onto Miller Boulevard. 7. As the Plaintiff Gregory L. Sheffer was stopped with his turn signal activated, the Defendant Jamie R, Cannaday rammed his 1985 Dodge Daytona into the rear of the Plaintiffs aforesaid vehicle. 8. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that he: a.) failed to keep a vigilant outlook for traffic in front of his vehicle; b.) Jailed to see the Plaintiffs vehicle then and there lawfully stopped with its turn signal activated waiting for southbound traffic to pass before turning onto Miller Boulevard as aforesaid; c.) failed to avoid striking the Plaintiffs aforesaid vehicle; d.) operating his vehicle at a speed in excess of the speed for safe travel; e.) failed to keep an assured clear distance between his vehicle and the Plaintiffs aforesaid vehicle; f.) struck the Plaintiffs aforesaid vehicle; g.) violated 75 Pa.C.S.A. 3714; h.) violated 75 Pa.C.SA 3361. 9. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff Gregory L. Sheffer has suffered soft tissue injuries and temporomandibular joint dysfunction (TMJ). "" ,: . j ~I., . 10. Solely as a result of the carelessness, reckless and negligence of the Defendant, the Plaintiff Gregory L. Sheffer is entitled to the following elements of damage for both past and future damages: a.) medical expenses; b.) pain and suffering; c.) emotional distress; d.) loss of enjoyment of life; WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of the amount for mandatory referral to arbitration. COUNT II DEBRA L. SHEFFER V. JAMIE R. CANNADY 11. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 10 inclusive of this Complaint. 12. Solely as a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff has suffered loss of consortium. ~, WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant in an amount in excess of the amount for mandatory referral to arbitration. Respectfully submitted, Date: March 5, 2001 KNAUER & ASSOCIATES, L.S.C. 0cMD I I ~} ytA~ David W. Knauer, squire Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 " . - <' ~ - "',~.; 'f I , ~ h, ~-'i VERI FIe A T ION Subject to the penalties of 18 Pa. C,SA 4904 relating to unsworn falsification to authorities, we hereby certify that the facts in the foregoing pleading are true and correct to the best of our information and belief. Date: /6 -/,,2- 00 Bo/ cI ~ (~~ J)lfl~ lib. , ~Jjj!jj -';;'~~!w-Sil~~~:!:l~~1'ifi~~~~W~ ~t_. i> ~~ '- "" "'> C3 '-.j " 0- '<l - ,. ""'-'r ;,~ j i~-~1::Iil --" - ~"'~ - .," ~. o ,;;; ~~~ -v''. Cnf~ " :Z:'_\1 '-I"' v' --< -'-- ~'--~ 0-l;,:!, 5c~~ -/~-. :<: r& c;. ~. '~"J c:\ "";~! f'.) 'Jj u:, , - ~, \ .J -'" C0 ~ 16 1f ~ 1 ~ "" 0 ~ ~ ~ t f' ... . -,-'" I"' ."'1,.'. ,"- I, ' __., ",~.', j,"<i",-,:,_", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED ORDER OF COURT petition, , 2004, in consideration of the foregoing , Esquire and 4z;ft4u ~. , /Uf -~, , Esquire, are appointed arbitrators in the above- captioned action as prayed for. BY THE COURT, ~ f. J. ~:lliit:-' .,k;,;~~;~!eli:"'-'.-' -~;,^ -- f~~i;1it-i~tW..d ' -"ir~~"- '::d 'Jwf '" ~ "II '\"- ~"\, t/'. V;!\)V?'~U\S;\!N:Jd Al~,Jnc{} '-::!~/"r:~'.F-,;::W~n~ I ;; :2 t~d 6 j liT ~aoz 1""I""O'H'O"cl-Hl '0 i'\tiV~..vj\i I 1 'o;:i ::! 3JI,H(}{Bll::J . ~" lc_-~_ ,l"". ':'::>.;,'-;';-",,"-,";'''~'" . '...... '1 , - . ~'-" '- A, , ~-'- ;".:~-' ~_ ,<', .'_'__'_ ,__ -, '.,-c.,_, _ .--~ i: , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY l. SHEFFER and DEBRA l. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO: THE HONORABLE JUDGES OF SAID COURT: MICHAEL B. SCHEIB, ESQUIRE, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is less than arbitration amount. The counterclaim of the Defendant in the action is N/A. The following attorney is interested in the case as counselor is otherwise disqualified.. to sit as an arbitrator: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) WHEREFORE, Your Petitioner prays your Honorable Court to appoint three (3j arbitrators to whom the case shall be submitted. GRIFFITH, STRICKLER, lERMAN SOL YMOS & AlKINS By: M AEL B. CHEIB, ESQUI E Supreme Court 1.0. #63868 Attorney for Defendant Jamie R. Cannady 110 South Northern Way York, PA 17402 (717) 757-7602 }II ~. -"~-'i ", ' , I ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED PlaintiWs ReDly to New Matter 14. Paragraph 14 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 15. Denied. Plaintiff's injuries were caused by the accident. 16. Paragraph 16 the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 17. Paragraph 17 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 18. Paragraph 18 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 19. Denied. Plaintiff was not treated for TMJ until after the accident. . ,- , . , . " . , - 20. Admitted. Plaintiff treated for a mild injury to his neck over ten years ago and made full recovery within a few weeks. 21. Paragraph 21 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 22. Paragraph 22 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 23. Denied. Plaintiff has incurred out-of-pocket expenses. WHEREFORE, the Plaintiffs' demand judgment in their favor and against the Defendant on her New Matter. Date: June 21, 2001 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. a~&l~ avia . Knauer,. squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 , , ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CNIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIiFICATE OF SERVJ[CE I, David W. Knauer, hereby certifY that I did this 21st day of June, 2001, serve a true and correct copy of the Plaintiff s Reply to New Matter on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael BI. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way Yorl<, PA 17402 ~&~ Attorney for Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 ,~ - ~ ii~i";b,:,,,;" ~,' ~'~'~~~... "i, ""' - ""'[]"!r~m~!riM~ii1M'''''-''''' [;i!!g~'~''''''' ',", ""~-,"",,,ji'~ ". " (,) S "T'J:S rr; C. -;..:fJ"; ~~:.. r-1<' _~~C~ <.'"c-; ~() ,-.. $ ,,"- ",.,' "",~",.", ~" - C) - ,~, ;'T; #~:::::: ~f ."0 -- - -,,'j <:- '. :::::; '.0 ~ -',' ,"",'. -- -""~", --'. -~, . ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ^ 'l-th AND NOW, this:-:f I of June, 2001, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served Interrogatories/Request For Production of Documents of Defendant Cannady to Plaintiffs Sheffer by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: M;'h~ Attorney 1.0. No. 63868 110 SOl,lth Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Cannady ~ . " , .',-'.l".'o'-. . ~'l' .,' _ "~',-L - i" " " ., .',"oJ.. _' ";"'<': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this J ~~day of July, 2004, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Petition for Appointment of Arbitrators, by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq, 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: MICHAEL . SCHEIB, ESQUI Supreme Court 10 No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Jamie Cannady ~~~~"~,,,,_;l' ~~~I~jjilil/I!"lid~iti "( 1 \' (.,..-. - _,_ o~".,~". _ _ J;jji~iw~llI*~~I~t<~iWr"~fiiillll~~':":"'~"" ," -'.; """..;;~"-unfllllall.lj.'''':'~' ~[-~"-., ~ - h D D ~ }: ~ 1ifi ~ ~ -0 '- tJ ~ ....J -....0 ~ I~~", r<'~; ,'" -,> : Lj fi ;=~~ i;~~ () c:: :~- ~~ r;;> w co . "." ". ,.." ,.,,"', "'-0 = ~ "- c- r~:;; () -'n ~ rfl:S ~. ]56 (~,l ~Zf --I :$ en i; -. -I 1< l, '. 1--,'" .C,,,' , ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. JAMIE R. CANNADY Defendant No, 01- /.2 fl6" Civil Term JURY TRIAL DEMANDED PLAINTIFF'S REQIUEST FOR PRODUCTION OF DOCUMENTS UNDER PA. R.C.P. NO. 4009 FIRST SET TO: Jamie Cannady 22 East Street, Apartment 5 Mount Holly Springs, PA 17065 Pursuant to Pa. R.C.P. 4009, you are hereby requested to produce the below-listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied, photograph negatives will be processed and photographs reproduced, Said documents or tangible things are to be produced at the offices of David W. Knauer, Esquire, 411-A E. Main Street, Mechanicsburg, PA 17055 within forty-five (45) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. 4007.4: 1. The entire contents of any investigation file or files and any other documentary material in your possession which relate in any manner (excluding references to mental Impressions, conclusions or opinions regarding the value or merit of the claim or defense or respecting strategy or tactics and privileged communication from and to counsel) to the within action. "'~ ~ 1 .~ . -l.l!l!f, . , ~ ,. 2. Any and all statements concerning the action, as defined by Rule 4003.4 from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident/incident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted a~ potential witnesses. 5, Reports of any and all expertl1 who will testify at Trial. 6. Reports of any and all agents: or employees of Defendant prepared as a result of the incident. 7. A copy of the Defendant(s) in~urance policy. , , 8. If the Defendant's insurance c~mpany is considering or planning to withdraw , its provision of a defense of the above at:tion, please attach a copy of any and all documents involved with the decision of!issuing a reservation of rights letter or document and of the provision of notice to the Defendant of its decision to reserve rights or withdraw a defense. Respectfully submitted, AUER & ASSOCIATES, L.S.C. tr Date: March 5, 2001 David . Kna er, Esquire Attorney for Plaintiff . Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 "N'''!, '0-' "'"'-~ --.'i' ~ ~~- :..~-,- ,,;,i,;,,>,~_.j -'''''';';';';'],'';:'J\fu~~.,{.,.'';;~ lii.&a~~ .."'.=-!<. " ... , - 1-0. i'~C~-lM-';"":";'--" ~-;;, " ,," U,'''''~" ... (") 0 c: , v~:,:, '-~-I =r: ~?7-,' ," " :;;; r~' 1 ;'.:.1 cI)>: C.}') ::s: ..- ~-,~ c, :> ~M: ~. ,.--, ;.." L::. " , r""-. 5 ~ c: i'''.J , 2":; '-' --" :.TI , ~ :'u , 11) , ~ I ~ ,~, ~ , ~, I. Hu l""'!!l"",'"",,~ SHERIFF'S RETURN - REGULAR , CASE NO: 2001-01245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEFFER GREGORY L ET AL VS CANNADY JAMIE R SGT. DAVID C. ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PLTFF'S REQUEST FOR PRODU was served upon CANNADY JAMIE R the DEFENDANT , at 0013:25 HOURS, on the 2nd day of April 2001 at CUMBERLAND CTY SHERIFFS' OFF 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JAMIE CANNADY a true and attested copy of PLTFF'S REQUEST FOR PRODU together with OF DOCUMENTS, INTERROGATORIES, NOTICE & COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.06 .00 10.00 .00 36.06 So Answers: ~K vt:~~ R. Thomas Kline 04/03/2001 KNAUER & ASSOCIATES Sworn and Subscribed to before By: me this // ~ day of 010..:; .).0-0 ( A.D. a~ ~Q~I~' P 0 honotary '.-'-'- - "',,-- ~ '^ ~ '," . ~~ 0, ' ,:'_' ..,~\:;;-.-(;.;" '-",~ .:.." -, . -,' "'''''!!i1;,i . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquires of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant in the above- captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: MIC AEL B. SCHEIB, E QUIR Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Cannady Dated: ".A' _ l" _ ,j _ _~" c~ ',~ .> ~' ,~" ,- -J <I ; ;.- '-'_" .' 0" - ',' '-" ~;'"",,~,"" '"lili.\i,,': . .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ~ AND NOW, this 3D of April, 2001, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance, by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: // / ~ /J tr" J /il1 MiCh~~. S~,tESQ~ Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Cannady ~ '-,' I--~ -'. 1-','_- " ~ '.' , ,'".<.,-.," ., '-.i ,,,", ,~ ",,;; " . IN THE COURT OF COMMON PLEAS OF CtlMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE !I th AND NOW, this ;\,.9 of August, 2001, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served Defendant Response to Plaintiff's Request For Production Of Docurnents by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: Michael B. Scheib, ESQUI Attorney I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendant Cannady ~&'~~';f-,";'~'-~'~'Il~- . , '0 ~_ ,"-~ _0.'_ ,~,. _ - -J"_', j~~ ---LJ~m~limJ@!i,',,;lj.1;~~L-- \o,.~-" ~<~;.,."<<~'~,,:-,-> "-:",' ., ," "~_,,~.~'^ e ". .1.. =.. ~ HI .'.V. ,',pC .- ,. CHC. - IlliI 0 C) I c: ::?.: :s: -0 CD m!T' C...., - z::-r, r,) - Z:C (fl ',- ':<L ~C,; :'?:-::,. :P'C .-' ;;0 :Pc: ~ c:::> ~ " ~ .--.~~ --' .~ .-- -'~""" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No, 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 22nd day of August, 2001, serve a true and correct copy of the Plaintiff s Answers to Interrogatories and Request for Production of Docurnents on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 11 0 South Northern Way York, PA 17402 ifaB/ ~~~I David W. Knauer Attorney for Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 - ~ "'-;;'-. ;~jj.~~fli!ii~W!{ijfMl'l*Ri;jfiiiiJmllii~lliMaiJ'~lii'l1\j;ffijh,,:,~jfdi:f.%",j,,"',~:'.k',-. ,.,+'rtl.;i.a;_<",i<i:iJ~<ti1i~~llilIio ,". ,--] '." ,~. ".-",~-",'," ,~,' '"~ ',;', "~""~-I_~"~l"'. l1IlIi ] r J::~" 0 ::::J () C <' -n V O~, "" CIJlL: '- -:ri G') .L._ ..t,1 1-- Z i'V ]----:-: CD> ~ r..--::J -<> L-- ~, . i t..J .::-- .'0 "T_; ~8 .-~: (') ':..) U 1'1 Z :.n 5:~ ::::J "T"'\ ',-1 =< ~ : ~ 'f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION Please be advised that on November 13, 2001, at 12:00 p.m., the Plaintiff will take the deposition of the Defendant Jamie R. Cannady, at the offices of Michael B. Scheib, Esquire, located at Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, KNAUER & ASSOCIATES, LSC ~.y Date: September 19,2001 David W, Knauer, Esquire Attorney for the Plaintiff Attorney J.D. No. 21582 4ll-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 --I _c;,}, , : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY 1. SHEFFER and DEBRA 1. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certifY that I did this 19th day of September, 2001, serve a true and correct copy of the Deposition Notice to Jamie R. Cannady on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York,PA17402 ~..~ David W. Knauer Attorney for Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717)795-7790 /~~~ / ifj' "\1 _L~" 1,: ~1ia:J~Sd!~ifd'$i~U'~~~f~~A!lM!lt1i.'I4j\1~;~~~~~-"'~"''jJt'"'-.- -~IIiI- -0 "1U"' ,'--'",'- c, u ,c,.' ", " 'u'~ ....,,, ~ if;,1 o c: '1"; ?;~; n1F::::-: -:;"!..!,' 6; S~~:., ~~~:~. ,- ZCJ -;;:0 ~:2 '-1 -<, . . .\ ....""'. '\.,....' U) !",~1 .,j ""~,:t r::;:, :g t..J- :::> """" . - ~ ,. j .-~ "-,-,,,.j,.-.~--,'- - , "" ,~c" ~_". "' _ _ .cJ,.'-', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE :+n AND NOW, this J D day of September, 2001, I, Michael B. Scheib, a mernber of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served the Notice Of Deposition by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALjJj 1fI-ui~j IF Mich el B. Scheib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 "' -'- '~ .~~~I~BO~ -"ffj~M_lttt_~~!liiJi~ - ',;C-.j' ,y-,,,~~'-'<"'- ~,~~"" ;"~ .i;':'~' ,.~~",.",-> e!,,,J,J!;,,. 'UC,Q",;,'.L.. . "-"~_A _~_-~'.-..-dU.___<__Y:_."'H,-"f,_~,~"", ~_~I__"_ ,,_<,~ > _. ',oN" .~. ""< 0 0 0 C <' -'n '"TJCtJ U) n1rr rrI -~ Z:~L " , ~S= N ~'':~9 ~..... r:"F, ':~C,~ ~'-'" ," )..~~.. --,... " ::-,;;: -.':,- -" ""7 ( <' 6~~ :::-C, (.,.) ..D>-c z: ~ ~ :xJ -< Sy ~ " ~ L ,~ , , ~ " CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: (') COMM~ ""'Cr'''''] n~if;':i 2:):"1 ?J5 !~;:;_~ 01~~~5 ~ ~t~ ~ COURT OF GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: JAMIE R. CANNADY CM:~ C) PLE"AS ." a ~) --< ;-c~ c..:.: -< c- (J1 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL SCHEIB, ESQUIRE 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 prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 1010312001 MCS on ~ ~ SCHEIB, ESQUIRE Attorney for DEFENDANT ,~' ') '-'-. -" ,-- ;!(, 0,,\ ;-> ~!1 -"-: ':] ~::~~ ~> ~~? i~~ Orj-1 -0 ~ -< DE12-215920 73020 -LOl ~ . ~ ~. . ~ ,". , ,." il!ll$'""~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY NOTICE OP IltTEN'r TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ERIE INSUlIAHCE GROUP CARLISLE 1I0SPITAL DONALD KOVACS, H.D. DAlI DEFALCIS, H.D. DR. FRED MIllIUK ALEXANDER SPRING REHAB, INC. DR. ROBERt BEADRY INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDIcAL MEDICAL TO: DAVID KNAUER, ESQUIRE MeS on behalf of MICHAEL SCHEIB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to .the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. COIIIPlete copies of any reproduced records may be ordered at your expense by cOlllPleting the attached counsel card and returning same to MeS or by contacting our local MeS office. DATE: 10103/2001 MeS on behalf of MICHAEL SCHEIB, ESQUIRE Attorney for Di1;FEllDAlIT CC: MICHAEL SCBlIB, ESQUIRE Any questions regarding this matter, contact THE MeS GRPUP, INC. 1601 KARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166421 73020-COl 1',,_ ." "0', _", U:.~ .';;--, COMMONWEAL TN OF PENNSYLVANIA . COUNTY OF CUMBERL.-\..'iD GREGORY L.& DEBRA L.SHEFFER VS FileNo. 01-1245 JAMIE R. CANNADY SUBPOENA TO PRODUCE DOCUMTh.,.S OR THI:-.lGS FOR DISCOVERY PURSUA."'" TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE GROUP (Name ot Penon or '5:scilY) Within ""e"'Y 1::0) day. afler .ervice of tlUs subpoena. you lie ordered by the COlIn to produce the following documents or things: ~"R"R A'I''I'ACH"Rn al MCS GROUP INC.. 1601 MARKET ST., #800,PHlLA.,PA 19103 IAd_sl You may deii,... or mail legible copies of the documents or produce thinp reqaested by tlUs subpoena. together with the certificate af compliance. to the party making this request at the address listed above. You ha\'e the right to seek. in adnnce. the :ulonable cost of preparing the copies or producing the thinp sought. If ~'ou fail '0 ;r.oduce the documents or tlUngs required by tlUs subpoeN. witr.in twenty (:0) days aiter its service. 'he patry sen'ing this subpoena may seek I court order compelling you to comply with i'_ THIS St"BPOENA WAS ISSUED ATTIiE REQUEST OF THE FOLLOWING PERSON: SAME: MICHAEL B. SCHEIB. ESO. ADDRESS: 110 S. NORTHERN WAY YORK, PA 17402 TELEPHONE: 215-246-0900 SUPREME COURT 10 It: ATIOR."E'I" FOR: n"RF"RNnAN'I' DATE: Sepk",~, ,9.1, ~Q:?I BY~..COU-W: ,,(. 7st l7i..... ;;t ProthDftotary/C . Civil Divisio. I(~ Iff! r?fJw-try 1Jf Seal of the Court (Elf. i /97) - '1lliliilllil!l'!!U,;-;- EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE GROUP P.O. BOX 2013 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 RE: 73020 GREGORY LYNN SHEFFER Any and all claims files. Dates Requested: up to and including the present. Subject: GREGORY LYNN SHEFFER 1176 RHODA BLVD., MECHANICSBURG, PA 17055 Social Security #: 208-38-6025 Date of Birlh: 12-15-1951 Date of Loss: OS/26/1999 SUI0-331260 73020-LOl ~~ j, <"" -,-."" '~-" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL SCHEIB, ESQUIRE 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 prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 1010312001 MICHAEL SCHEIB, ESQUIRE Attorney for DEFENDANT DE12-215921 73020 -L02 ~ , ,_d ',,-_I '"" ~~,;: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY NOTICE OF IR'.rEN'l' TO SERVE A SUBPOENA TO PRODUCE DOC1JMEN'l'S AND THINGS FOR DISCOVERY l?URSUABr TO RULE 4009.21 EJUE INSURANCE GROUP CARLISLE HOSPITAL DOliALD KOVACS, M.D. DAIl DEFALCIS, M.D. DR. FRED MIHIUM ALEXAMDER SPRIHG REHAB, INC. DR. ROBERT BEADRY INS1JRAl'IICE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: DAVID KNAUER, ESQUIRE MCS on behalf of MICHAEL SCHEIB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your erpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10103/2001 MCS on behalf of MICHAEL SCHEIB, ESQUIRE Attorney for DEFEHIlAIlT CC: MICHAEL SCHEIB, ESQUIRE Any questions regarding this matter, contact THE MCS GROUP IJIC. 1601 IWlDT STREET #aoo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166421 73020 - C 0 1. - ~ ~ ~~I " mI COMMONWEALTH OF PENNSYLVANIA . COUNTYOFCUMBERL~'m GREGORY L. & DEBRA L. SHEFFER VS File :-10. 01-1245 JAMIE R. CANNADY SUBPOENA TO PRODUCE DOCUMTh-rS OR THI::-:GS FOR DISCOVERY PURSUA.lI.;"TTO RU1.E4009..22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL {S.m.. oC Pe-non or E,;uiry) .....i:hin rwe~'I::O) days Uter .ervice of this .ubpoe".. you ue ard...ed by the <'IOurt to produce the fallowing documents or things: ~RF. A""Ar.RRn at MCS GROUP INC.. 1601 MARKET ST., #800,PHlLA.,PA 19103 (Addreslj You m,y deiiv.. or m~1 legible copies of the daaaments or produce thin!s requested by this subpoen,- tage.her with the certifiwe of campli."...ta the pony m&lcing this request,t the ,dclreu lisred ~bave. You h.ave the right to seek. in ad"..,ce. tlle :nsanable cast of preparing the capi.. or pradudng the thinss_gItt. If ~'au fli!tc ?"aduce the do<:uments or things required by this subpoen;o, wit....in twenry (::0) cays aiter its .er...ice. the parly .en'ing this .u.poen, may seek. coun order compelling you to comply with ;0_ THIS St~POENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~AME: MICHAEl. R. SCHF.TR. E~Oa ADDRESS: 110 S. NORTHERN WAY YORK, PA 17402 TEtEPHOS:: 215-246-0900 Sl.;PRE.\{E COu"lT 10 f: AITOR.'\EY FOR: nRI'l':NT1ANT DATE: S'pt!."" Wr ;)..':/. ~1Y?1 BY THE CO~. :. 157(' .JAA-:tM .~ Plath.... crk. Civil DiviJion ~ 471. M~~, i.ff ~ry Seal of the Court (~!f. i /97) ".J.~ ~ , ~. - ~ C'. '_'__~~".~'" EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, P A 17013 RE: 73020 GREGORY LYNN SHEFFER Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: GREGORY LYNN SHEFFER 1176 RHODA BLVD., MECHANICSBURG, PA 17055 Social Security #: 208-38-6025 Date of Birth: 12-15-1951 SUlO-331262 73020-L02 ~; I', , .' ~,' l~ , "'-c~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R, CANNADY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL SCHEIB, ESQUIRE 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 prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 1010312001 MICHAEL SCHEIB, ESQUIRE Attorney for DEFENDANT DE12-215922 73020-L03 "'~~~ - . ~~ .,' TI-_iIiolli>. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COHMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY NOTICE OF IRTRNT TO SERVE A SUBPOENA TO PRODUCE DOC1lIIENTS AII1D THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 EllIE DlSURARCE GROUP CAllLISLE HOSPITAL DONALD KOVACS, M.D. DAB DEPALCIS, M.D. DR. FRED MDJIUM ALElWIDER SPRING 1lEIIAB, IKC. DR. ROBERT BEADRY IHSURARCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO. DAVID KlIAllEJl, ESQUIRE HCS on behalf of MICHAEL SCHEIB, ESQtlJIRE inten4s to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE. 10/0312001 HCS on behalf of MICHAEL SCHEI., ESQUIRE Attorney for DEPEIIDART CC. MICHAEL SCHEU, ESQUIRE Any questions regarding this matter, contact THE HCS GROUP, lHC. 1601 MARlET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166421 73020-CO:J.. " - " ""m;~'~h COMMONWElu TH OF PENNSYLVANIA . COUNTlY OF CUMBERL-\..'iD . GREGORY L. & DEBRA L. SHEFFER VS File :-io. 01-1245 JAMIE R. CANNADY SUBPOENA TO PRODUCE DOCUMe.TS OR THL'iGS FOR DISCOVER't, PURSUA."-"TTO RULE 4009.12 TO: CUSTODIAN OF RECORDS FOR: DR. DONALD KOVACS (S~kte Q( Penon or :.nary) .....ithin rwe~' I:!O) d.ys alter se,,';<e of this subpoen.o, you are ordered by the "",un to produ<e the following do<ument. or tnings: c:n:;~'F ,A'f'T'Ar.'HF.n at MCS GROUP INC.. 1601 MARKET ST., 11800,PHILA. ,PA 19103 lAd_II You m.y dein'lr or mail legibl. <opies of th. docum.nts or produce thinp request.d by this .ubpoena. together with the ,e"ifiulf 0; ,ompli.n... to th. party mAkingthi. request.t th. .ddress listed above. You hanthe right to seek. in .dun... the '....on.bl. <ost of pr.paring th. <0 pies at producinlthe thinI' -slit. If you failte ?"oduc. the docum.nts or things lfquir.d by this subpoena. witfo.m twenty (:!O1 c!.~.. aiter it. s",'i... the pmy Sf....ing tNs ."bpoena may setk a coun ord.r comp.lling you to comply with 1'_ THIS St"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SAME: MTr.~AR1, R. Sr.H'F.T1L 'F.SO. ADDRESS: 110 S. NORTHERN WAY YORK. PA 17402 TELEPHOS:: 215-246-0900 StiPRE.\fE COll1tT 10 II: ATIORSE"l' FOR: nRFFNT1ANT DATE: 3;P1vn M- cR tf. ~CXJI ~~o~: 7~~ .;;thO #Jf De?urr Seal of the Court (Sff. i (97) " ~.~~- , . ", --, ,', .]-, '~'---'j[~~ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DONALD KOVACS, M.D. 1358 LUTZTOWN ROAD YELLOW BREECHES F.P. BOILING SPRINGS, PA 17007 RE: 73020 GREGORY LYNN SHEFFER Any and all records, correspondence, files and memorandums, handwritten notes, bi~ling and payment records, relating to ~ny examination, consultatIOn, care or treatment. Dates Requested: up to and including the pfilsent. Subject: GREGORY LYNN SHEFFER . . 1176 RHODA BLVD., MECHANI<):SBURG, PA 17055 Social Security #: 208-38-6025 Date of Birth: 12-15-1951 SUlO-331264 73020 -La 3 1[ -,~" ~ " "--"",' '; ~ . "". ;',q,' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL SCHEIB, ESQUIRE 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 prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day. notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 1010312001 MICHAEL SCHEIB, ESQUIRE Attorney for DEFENDANT DE12-215923 73 020-LO 4 I~ - ~ ., . ~JilJ"'; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY NOTICE OF INTERT TO SERVE A SUBPOENA TO PRODUCE OOC~S AND THINGS FOR DISCOVERY !PURSUANT TO RULE 4009.21 ERIE IIISUllANCE GROUP CAllLISLE HOSPITAL DOHALD KOVACS. M.D. DAN DEFALCIS. H.D. DR. FRED MIHltIM ALEXAIIDER SPRI1IG REIIAB, IIIC. DR. ROB.ERT BEADRY IIIS~CE MEDI~. MEDICAL MEDI~ MEDI~ MEDI~ MEDIC!lAL TO: DAVID KRAUBIl. ESQUIRE HCS on behalf of MICHAEL SCHEIB. ESQ1iJIRE intends to serve a subpoena identical to the one that is attache. to this notice. You have twenty (20) I days from the date listed below in which to file of record and serve upon the undersigned an objection to the subp~ena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records maybe ordered at your e%pense by completing the attached counsel card and returnlng same to HCS or by contacting our local HCS office. DATE: 10/03/2001 .' HCS on behalf of KICIIAEL SCHEIB. ESQUIRE Attorney for DEFEIIDAR'1' CC: MICHAEL SCHEIB. ESQUIRE Any questions regarding this matter. coatact THE HCS GROUP. IlIC. 1601 IWlDT STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-166421 73020-COl .- . 1-, -iSM!;Ili'I/'JI;'idT- COMMONWEALTH OF PENNSYl. VANIA , COUNTY OF CUMBERLiL'iD GREGORY L.& DEBRA L.SHEFFER VS File :-10. 01-1245 JAMIE R. CANNADY SUBPOENA TO PRODUCE DOCUM~'TS OR THI:-IGS FOR DISCOVERY PURsUA.1',;1TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. DANIEL DEFALCLS (S.ame of Penon or E:u:ity) .....i:hi" rw.~' r:!O) days Ut.r servi<. of this subpoe"",. you u. ordered by the court to produce the following documents or things: ~F.F A'l''T'Ar.HFTI at MCS GROUP INC.. 1601 MARKET ST.. #800,PHILA.,PA 19103 IAdolroslt You may deih'er or mail legible copies of the documents or produce things requested by this subpoena. log.lh.r with the ,.rtifiCJI. 0: ,ompli."ce. to the patty making this request at the add:es listed above. You ~"e the right to seek. in ad" an... the ",..onabl. cost of preparing the copies 0' producing the thinp _gilt. lf you (ail to ;::-oduce the documents or things required by this subpoena. within twenty (:!O) cays Ut.r its s....'i'.. th. party ......ing this subpoena may seek a cOW'! order compelling you to comply with r_ THIS St"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :\AME: MICHAEl. B. Sr.HF.TR. ESO. ADDRESS: no S. NORTHERN WAY YORK. PA 17402 TELEPHOXE: 215-246-0900 Sl,;PRE.\fE COURT 10 I: ATI'OR."E't' FOR: DF..,.,NI1AN'l' DATE: '~fj,,/Yl&r ';1, ~~/ ~THE c. OU~.. a~iA'TIft ~. PrDthDftotary~ Civil Division $lh~ /f).o/d~L~ SuI of the Court (~ff i (97) , :Jis1. ,~~U' EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAN DEFALCIS, M.D. 175 LANCASTER BLVD P.O. BOX 2028 MECHANICSBURG, PA 17055 RE: 73020 GREGORY LYNN SHEFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consullation, care or treatment. Dates Requested: up to and including the present. Subject: GREGORY LYNN SHEFFER 1176 RHODA BLVD., MECHANICSBURG, PA 17055 Social Security #: 208~38.6025 Date of Birth: 12-15-1951 SUlO-331266 73020 -L 0 4 '.'''~'''' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF. COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL SCHEIB, ESQUIRE 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 prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 1010312001 MICHAEL SCHEIB, ESQUIRE Attorney for DEFENDANT DE12-215924 73020-L05 ~,~ - " ~';. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO. 01-1245 JAMIE R. CANNADY NOTICE OF IRTER'l' TO SERVE A SUBPOENA TO PROPUCE DOCUMER'rS AJ!ID THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 EllIE INSURANCE GROUP CARLISLE HOSPITAL DOlIALD KOVACS, K.D. DAM DEFALCIS, K.D. DR. FRED KIHIUM ALEXANDER SPRDlG llEIIAIl, IIlC . DR. ROBERT BUDRY INSURABCE KmICAL KmICAL KmlCAL KmICAL KmICAL KmICAL TO: DAVID KNAUER, ESQUIRE KCS on behalf of MICHAEL SCHEIB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Ccmplete copies of any reproduced records may be ordered at your expense by ccmpleting the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE. 1010312001 KCS on behalf of MICHAEL SCHEIB, ESQUIRE Attorney for DEFEIIDAlIT CC: MICHAEL SCHEIB, ESQUIU Any questions regarding this matter, contact 'fill KCS GIlOUP. IKC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166421 73020-COl iiJ "... I..... -- - 'j';\ COMMONWeALTH OFPENNSYL VANIA , COUNTY OF CUMBERL-\..'iD GREGORY L.& DEBRA L.SHEFFER VS File~o. 01-1245 JAMIE R. CANNADY SUBPOENA TO PRODUCE DO<:tJMD,l'S OR THI~GS FOR DISCOVERY PURSUA.1'I,'TTO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. FRED MINIUM {S.ame o( PUJOft or -e..,=ty) Within "",,,,,'1:0) d.ys oil.r s.",ie. of tltis subp"".... you Ole ordered by the court to produce tho following docum.nts or 'hings: ~FF .A1'1'A~HFn 1t MCS GROUP INC.. 1601 MARKET ST., #800,PHILA.,PA 19103 (Addnssl You m.y doli...r or lNillegible copies of the documents or produce thinSS r>equesled "y litis su"poena. togelher with the cOrTific.te 0; compli.nce. to. the pury mwng this reql!est.t the .ddress u.ted above. You !Ia,'e the right to so.k. in .dunco. tho ,uson.ble cost of preparing the copies or producing the things -!hI. [f you foil to ?"oduc. the documents or tltings required "y tltis subpoen.t. wit.':in twenty (:0) c.ys aft.r its s",';ce. the pUty ""'ing thi5 su.poen. m.y seek. cOUrt order compelling you to comply with it. THIS SLlIPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SAME: M1r.HART,"B. ~r.HR1B. RSO. ADDRESS: 110 S. NORTHERN WAY YORK, PA 17402 TEtEPHO~:: 215-246-0900 Sl.;PRE.\fE COt.iltT 10 It: ArrOR.'\E'i FOR: nF.FF.NnAN1' DATE: I..)~P kmJx.(' if,. 7- ' i~ I jf,~O~~ I'ralh.... ~.;.i.n cfJ,-,-4'4k . ~ Seal of the Court (~:f. i /97) " , , .1 il_fIi,;J~' EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. FRED MINIUM 1412 BRIDGE ST. NEW CUMBERLAND, PA 17070 RE: 73020 GREGORY LYNN SHEFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the pr;esent. Subject: GREGORY LYNN SHEFFER 1176 RHODA BLVD., MECHANICSBURG, PA 17055 Social Security #: 208.38-6025 Date of Birth: 12-15-1951 8U10-331268 73020 -L 0 5 "-':: ~. ,J '" ~ =~ ,.' ';' '--', CERTIFICATE PREREQUISITE TO SERVICE 01" A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAI1IE R. CANNADY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL SCHEIB, ESQUIRE 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 prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/03/2001 MICHAEL SCHEIB, ESQUIRE Attorney for DEFENDANT DE12-215925 73020 -La 6 ,"", ",-. _I. ..~ =-" -~=, "-~",,-,-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COHMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY NO'l'ICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUJmNTS AND THINGS FOR DISCOVERY PURSUAlrr TO RULE 4009.21 nIE IHSlJRAlICE GROUP CAJlLISLE HOSPITAL DOIIALD KOVACS, M.D. DAII DEFALCIS, M.D. DR. FlIED KIHIUM ALElWIDEll SPlUlIG REHAB, IHC. DR. ROBEllT BEADRY IHSlJRAlICE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: DAVID DlAUEll, ESQUIRE MCS on behalf of MICHAEL SCHEIB, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to. the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 1010312001 MCS on behalf of MICHAEL SCHEIB, ESQUIRE Attorney for DEFBlmAR'l' CC: MICHAEL SCHEIB, ESQUIRE Any questions regarding this matteI', cOIltact THE MCS GIlOUP IllC. 1601 MAREET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166421 73020 - C 0 1. H_ -< " .l_ , ~,"L _ .l '" c, ~,' n,f, COMMONWEALTH OF PENNSYLVANIA , COUNTY OF CUMBERL~'iD GREGORY L.& DEBRA L.SHEFFER VS File So. 01-1245 JAMIE R. CANNADY SUBPOENA TO PRODUCE DOCtJME-.,-S OR THI~GS FOR DISCOVERY PURSUA.l\'TTO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB (N&me of Penon or :.."'Ss:ity) ""i:hin rwe~'I::O) d.ys oiler so.....;.e of this subpoenll, you ue ordered by the .....rt to prod...e the following do.umonts or things: ~l?F. A'T''l'Ar.HFD .t MCS GROUP INC.. 1601 MARKET ST., #800,PHILA.,PA 19103 lAd_I' You m.y doih'O\' or m.t.illegible .opies of the doc:uments or prod...e thin!s requested by this s..bpoen.. together with the <Ortifiule a: <ompli....e, to the PUll" lnwng this request.t the .ddreslllsted above. Yo.. ha,'e the right to se.k. in .dun.e. the ,...son.ble <ost of preparing the .opies or prod...ingthe ttlings .....ghL If you foil to ;::od...e the doc:..ments or thing; required by this subpoena. wit....ln twenty (::0) do~'s aft.r its s.....'ic.. the patty s......ing this .ubpoeno moy seek 0 court order.ompelling yo.. to .omply with i"_ THIS SnpOENA WAS ISSUED AT TIiE REQUCST OF THE FOLLOWING PERSON: :\Aj\iE: MTr.HAET. B. SCHEIB. ESO. ...ODRESS: 110 S. NORTHERN WAY YORK, PA 17402 TELEPHOSE: 215-246-0900 S1.;PRE.\fE COURT 10 t: ArrOR.'\E"!'FOR: lWl'1'N11AN'l' DATE: ~f-kMb(... ;)'1.&001 B&~~:. """hOll~clc. Ooil O;o;lio. ~ 4JJ. ifb.2~~ 0e1>v'Y Seal of the Court (:.:f i /97) ~. l,.,~,,'_ .', " .""q~ n,'.'-' , "'Miiw.lllillJiR5;.:", EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB, INC. 27 BROOKWOOD AVENUE CARLISLE, P A 17013 RE: 73020 GREGORY LYNN SHEFFER Any and ail records, correspondence, files and memorandums, handwritten noles, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: GREGORY LYNN SHEFFER 1176 RHODA BLVD., MECHANICSBURG, PA 17055 Social Security #: 208-38-6025 Date of Birth: 12-15-1951 5U10-331270 73020-L06 , _b -~,"-, <""'~ 1~Uii CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL SCHEIB, ESQUIRE 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 prior to the date on which the subpoena is sought to.be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 1010312001 MICHAEL SCHEIB, ESQUIRE Attorney for DEFENDANT DE12-215926 73020-L07 '" . . ...~~~ """~":rn"( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GREGORY & DEBRA SHEFFER TERM, -VS- CASE NO: 01-1245 JAMIE R. CANNADY NOTICE OF IN'l'ENT TO SERVE A SUBPOENA TO PRODUCE DOCUlIEN'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 EIUE INSURAIICE GIlOUP CARLISLE HOSPITAL DONALD KOVACS, H.D. DAN DEFALCIS, H.D. Oil. FRED KINIUK ALEXANDER SPRING REHAB, INC. Oil. 1l0BERT BEADIlY INSURAIICE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL TO: DAVID KNAUER, ESQUIRE KCS on behalf of KICIfAEL SCHEIB, ESQUIRE intends to seO'e a subpoena identical to the one that is attached to this notice. You have twenty (20) days frOlll the date listed below in which to file of record and seO'e upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is _de, then the subpoena _y be served. CClIIplete copies of any reproduced records _y be ordered at your expense by cClllpleting the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 10103/2001 KCS on behalf of KICIfAEL SCHEIB, ESQUIRE Attorney for DEPENDAIIT CC: KICIfAEL SCBBIB, ESQUlllB Any questions regarding this _tter, contact rBE KCS GROUP mc. 1601 MABDT SftEET '800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166421 73020-COJ.. o.l , 1 ' _ _ ~_. . ~ Ul:L,d"ii:8:-, COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMB€RL~'iD GREGORY L.& DEBRA L.SHEFFER VS Fil~ :-':0. 01-1245 JAMIE R. CANNADY SUBPOENA TO PRODUCE DOCl.lMTh'TS OR THI:-IGS FOR DISCOVERY PURSUA."''TTO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. ROBERT BEADRY (S..mlf,o( Penon at E.~ti'!) I-\'i:hin rwe~'I20) d.ys oiler service of this subpoeltl. you ue ordered by the caun to produce the following documents or things;' ~FF A'f'T'Ar.HFTI .1 MCS GROUP INC., 1601 MARKET ST., #800,FHlLA.,FA 19103 1"4_.\ You m.y d.ih'or or mail legible copies of the documents ,or produce things re.;"esttd by tlUs subpoena. togeth.r with th. c.rtificat. of , amp lion c.. to th. pony malc.ing this r.quest.t the .dcln!ss listed above. You ha,'e the riSht to ,eek. in .d\'onc..th. ruson.bl. cost of pr.paring the copies or producing the things -slit. If you fail to "oduc. the documents or tlUngs r.quir.d by tlUs subpoena. wit!'.in twenty (20) c.ys ut.r its ,.,,'j,.. :h. pony ,e,,'ing this ,,,opeen. m.y seek. cOlUt order compelling you to comply with jO_ THIS St"'BPOENA WAS ISSUED AT THE REQUEST OF1HE FOLLOWING PERSON: SAME: MTCHAF.T, B. SCHF.TB-.. F.!=;O. ...DDRESS: 110 S. NORTHERN WAY YORK, FA 17402 TEl.EPHOSE: 215-246-0900 St:PRf,\1E COURT 10 It AITOlt'\E"t' FOR: m<:w,N11AN'f DATE: St,pk/VIbu :n .,1001 '~~:.eM1 ProtftonOUlYtcl'uVi! Oivisioft L /!fI- t;l-j:;;;A g;q ~ry Seal of th~ Court \=-,f i /97') , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. ROBERT BEADRY 3600 OLD GETISBURG RD. CAMP HILL, PA 17011 RE: 73020 GREGORY LYNN SHEFFER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the pl'esent. Subject: GREGORY LYNN SHEFFER 1176 RHODA BLVD., MECHANICSBURG, PA 17055 Social Security #: 208-38-6025 Date of Birth: 12-15-1951 SUlO-331272 73020-L07 ,~. ~~, ~. .... ~ - - .',- ' "ljjiMlijrjj!tiifu\'i . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION Please be advised that on November 13,2001, at 1 :00 p.m., the Plaintiff will take the deposition of the Defendant Jamie R. Cannady, at the offices of David W. Knauer, Esquire, located at 411 A East Main Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, Date: November 9, 2001 KNAUER & ASSOCIATES, LSC ~ II~ 'tu.d lV, I avid w.~audr, Esquire Attorney for the Plaintiff Attorney J.D. No. 21582 4l1-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No, 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 9th day of November, 2001, serve a true and correct copy of the Deposition Notice to Jamie R. Cannady on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York,PA 17402 (7\;Q~~ ~ W. Knauer Attorney for Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 .,;.. ". "Z ~ll:~m,m,>.1JJ~~~'jI3f'W'~" ~ ,-;o"''"i"jfW.m>_!it,*,,~>'!;..li'!~'!!iJ'~'#M,~&i~8'~ - .~..,~'~~- >--~ OO~ L.::.J&iLlili ,r ii:tJI"~ 'Ili!&! "-'"t;;,j 0 <::> 0 c !!i: --q ""Om :z: -::y--J ~.g; <::> "'" ; , . "r C itj"r, (j) -~ ~,- ..,- f;C: -<2 ~o ,""''1-1.. v .."'() )> :,-t~ 2:0 -.>~ ~. ::::dt)" )>0 c:: r:? ofn ~ w ';:;! <.;; 51 -< . , I " '.' . ~'II..~ 1'_ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION Please be advised that on December 17, 2001, at 11:00 a.m., the Plaintiff will take the deposition of the Defendant Jamie R. Cannady, at the offices of David W. Knauer, Esquire, located at 411 A East Main Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, Date: November 13, 2001 KNAUER & ASSOCIATES, LSC df.ifl:!J.~ Attorney for the Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, P A 17055 (717) 795-7790 , I -, -, . I, r _ _ ~, .. > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 13th day of November, 2001, serve a true and correct copy of the Deposition Notice to Jamie R. Cannady on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 q)44;;O (),~ David W. Knauer Attorney for Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ,- " " ~- M:a-, 11 1&ri~.l~kW~k*tJ:,';';',.1!:!fuH1'jN-;#I-,--h~ri.'l'ilW:Wl~!t'$'~;$*"""'N40dw,,,0;lili,"_"":,~~~"'l!il<,*~~M~!;Wl-~' ~~~~~'lt'if\f :ft M' '^~ -,~,'~ d J. 'H..~,","""~_ .^ )l/,.J... ,...11o~i" '" '0 , ~'1l- < (') 0 0 C .'n <" Z -O'CiJ ~..J <:::> ~.~ :; mfTj- < Z.::t1 :Z:C i~~ (l}d.> U'l -< 0" r:c' '< ." -0 :zO ::Jl: Qo >8 ~ om ~ -< =- ~ \D -< w .' -~ .' "-,,' ~- , - -- ~'", --", . ~ "-'--1'-," ' ,~ .~ '~. , ,~ ',- h - . -. "" -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, vs. JAMIE R. CANNADY Defendant Civil Action - Law No. 01-1245 JURY TRIAL DEMANDED CERTIFICA IE OF SERVICE J' \1-1'1 .. . AND NOW, this 'i day of November, 2001, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served the Notice Of Deposition by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 ',' ',' "',:: , r'~ I ,,' ';i :!' : U I'j i-I i,! !:! I;: ,'j j" ~~-". if--'''''WililIiWK!lii~1i'i>&~~~~kitw~_:;i,:lill;&.4;-'ii.lIlli..rU[ flit"' ,c'-'li f A q"- - ,,",~;,' uU.i:i "",(~1i~1IttJ'---lrll.Ll!liJ' '^~~~ . 8 0 0 - "TJ "U~ :z: :;::! mill ~ :t;:'l z...U }JH ZC' (.0.1:; Ul 0'-( 26 -0 ~i1 <? '<: ~"'~ -;-l ~o :J:~ ':4 C) -.0 ,,",, or-n :J>c .. --, ~ U1 :J> :0 .j:"" -< ~ ~-~- ~~ ~ .......... I " ~".lJ~M'.l "'-'C'_ .iM.::.l..1/< PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHONYl'ARY OF CUMBERLAND COUNTY Please list the following case: ( X) for JURY trial at the next tenn of civil couff. ~ ~ c..... -ow ::0- ( ) for trial without a jury. 92s:l Z ------------------------------------~-~ CAPTION OF CASE ~ 6 -0 (entire caption Imlst be stated in full) (check one) 28::Jl: :>c ca (x) Civil Action -~:;;: (Check one) o ."-j Gregory L. Sheffer and Debra L. Sheffer -" r ~;'jfn ;~~ 6ft; ~ ~ Appeal from Arbitration (other) (Plaintiff) vs. Jamie R. Cannady The trial list will be called on 0 2 - 1 2 - 0 2 and Trials comnence on 03 -11 - 0 2 ( Defendant) Pretrials will be held on 02-20-02 (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No.01-1245 Civil Term ':l~ Indicate the attorney who will try case for the party who files this praecipe: David W. Knauer, Esquire Indicate trial counsel for other parties if known: Michael B. Scheib, Esquire This case is ready for trial. Signed: 0011 hi {~ Date~.' " . . If ?,.o"'V / Print Nane: David W. Knauer, Esquire Attorney for: Plaintiff .v. _,I - I -, ""'_ -'1ki,,*-,<<'~-' 18. Gregory L. Sheffer and Debra L. Sheffer : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v Jamie R. Cannady : NO. 01-1245 CIVIL TERM ORDER OF COURT AND NOW, February 12, 2002, counsel having failed to call the above case for trial, the case is stricken from the March 11, 2002 trial term. Counsel is directed to relist the case when ready. By the Court, ~vid W. Knauer, Esqnire , For the Plaintiff ~hael B. Scheib, Esquire For the Defendant ') ~ crp-~RO -111~ 0:/,-''/-0'< I l P,"XS Court Administrator Id J _ .jr"__ . "'y-,,,"-" -"";.. --. -,,,-,.-- ' "-"-8_,;;,,"",-'_~> . <"'e'"of}: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant, James R. Cannady 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 (2) days prior to the date on which the Subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate, (3) no objections to the Subpoena have been received, and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Date: fl \~ lu3 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & ALK.KI7T By: fd Michael. Scheib, Esquire Supreme Court 10 No. 63868 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 L='~ ~ . I' - '~, ' , - ",," L ~_"'.~,_,_ -' -- ''''_''; -; --,-,0 "~ ","",,~ -', ",-"t~:':'f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ~2:t AND NOW, this H day of ,2003, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKL , LERMAN, SOL YMOS & : ~ CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoena Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: chael B. Scheib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ",,'~.~"'~ " '" " . ~- I '"., ~~j, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: Dan DeFalcis, M.D., 175 Lancaster Boulevard, P.O. Box 2028, 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 records, reports, notes. charts, memoranda. correspondence and other documentation pertaininQ to GreQory Lynn Sheffer., Social Security No. 208-38-6025; DOS - 12/15/51. 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: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court 1.0. #63868 Attorney for Defendant Date: By: Seal of Court Prothonotary ~~~f1i.~1Ii>!ti;ill~Dli~~"",\"!i8;;o'i"":t~..",f;j1tSMM&t.ji:1(_,,,"l'l'.~,,~~..ifc.*t~M""I-,;;t~';";~<>,,:l~l'<Mi->1!.4~.i:IL"'J~~' ". ,,~.,~ --~~..~-~ ~~ o<",,^" ._", .-' "" '"~ ,,_~ .~~~ .... ~~ I..,_~ "'~ ~,...~ -" ..~ .-It:~ -. lBlIiillllltiAAUl!!l.itilJ n- ~, '< (') 0 0 C W ~ -n "'tJtD ~ ---I !:P cr I, 0 f11:l1 ~.-'. -~ 21'--- W CfJ )~, .:,-' -<-,- 20 r-::t < ~-- ;p. ~L-r-i :S:C -''l'' ,:~):n ~ ~'c S' ZO c: om Z ,-{ :..> :l> -oj ~ -< tll . .." ",'---, ,,'~--', ",_: ;,-'':'''' ,",--" .",.," " '-', of! .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant, James R. Cannady 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 (2) days prior to the date on which the Subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate, (3) no objections to the Subpoena have been received, and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Date:~ \ 'J-.9l03 By: Michael B. Scfieib, E quire Supreme Court ID No. 63868 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 "0.; ".J',_. _,-,_r_, 'F": _, ., --C.' I '.-.-'.. a'..- .. - __,-c.,':""""'__",_,,_'*J..,"'; _r"" :' ---~' "'j-;.." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -.dEL~ay Of~, 2003, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRI~KLEk. LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoena Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 By: i a B. Scheib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 - ~ -,'" -, - "__<<"J' ,---.--, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01 -1 245 JAMIE R. CANNADY Defendant JURY TRIAL DEMA~DED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: DR. ROBERT BEAUDRY, 3600 Old Gettysburg Road, 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 records. reports. notes. charts. memoranda. correspondimce and other documentation pertaining td Gregory Lynn Sheffer.. Social Security No. 208-38-6025; DOS - 12/15/51. ' 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 ad~ance 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: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 (717) 757-7602 Supreme Court 1.0. #63868 Attorney for Defendant Date: By; I Prothonotary Seal of Court . , ~ -, -,' '- ; ~, - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATION OF "SATISFACTORY ASSURANCE OF NOTICE" PURSUANT TO HIPAA 1154.512 (e)(1) The undersigned hereby certifies that the patient, Gregory L. Sheffer and Debra L. Sheffer, identified as the Plaintiffs in the foregoing subpoena, are represented in this litigation by David W. Knauer, Esquire, 411-A East Main Street, Mechanicsburg, PA 17055, that written Notice of Intent to issue and serve the aforegoing subpoena to obtain records was served upon David W. Knauer on or about 112-~ 2003, which Notice contained required language under the Pennsylvania Rules of Civil Procedure affording Attorney Knauer, on behalf of Plaintiffs, Gregory L. Sheffer and Debra L. Sheffer, to raise objections to the Court with respect to the aforegoing subpoena and I further certify that twenty (20) days have been waived since such Notice was provided to Attorney Knauer and no objections have been filed. Date:~ By: Michael B. Scheib, Esquire Supreme Court ID No. 63868 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ,- -",' -, ',~,- - ,., .L G l.t;:" " ','j :) 1 '1 :1 ,I , :,) i , , :'1 ::1 ,~~iit"~~~~ilB-lM'2~~Wt!~04.I!!fu,,1<~~[i';r,M.j;&h~,-,.l$~'MmJID:ilIliiI-~' .. .. -,L.~: '" ;~'-:\""\'.;n,,- ".""", _.,-.,<",~-,!,,,,,,_ "',," _~_uo~. ,.,.." ~ "'~~, ~""., _C 'A ''''.- " "~" ^'~ ''''''tJ~ '~~lIiiIjYf"""J-<h - , '.., , --~ ""~ () C' 0 C (.,.1 <' ..,..., " -ofCi ;=: '--1 CPIT:: i~- '-~'_.;'l ..c-.....__ -',-,--; ~?E" W ~i-;i? ~C' '.lr' ~ -;l'-'( )>c'- ~-n Z" ~ ~'D ;i> l") 9- csrti C ~ I:'"" ~ ()") -< f; ',- , ~.~, , , , ,~ I c''- "', ~, .". .. , - ."~'C{_ _ ,. ,.' ~ C.'~" _ .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs, No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATION OF "SATISFACTORY ASSURANCE OF NOTICE" PURSUANT TO HIPAA 1154.512 (e)(11 The undersigned hereby certifies that the patient, Gregory L. Sheffer and Debra L. Sheffer, identified as the Plaintiffs in the foregoing subpoena, are represented in this litigation by David W. Knauer, Esquire, 411-A East Main Street, Mechanicsburg, PA 17055, that written Notice of Intent to issue and serve the aforegoing subpoena to obtain records was served upon David W. Knauer on or about 1/ ~ 2003, which Notice contained required language under the Pennsylvania Rules of Civil Procedure affording Attorney Knauer, on behalf of Plaintiffs, Gregory L. Sheffer and Debra L. Sheffer, to raise objections to the Court with respect to the aforegoing subpoena and I further certify that twenty (20) days have been waived since such Notice was provided to Attorney Knauer and no objections have been filed. Date:~1)2> GRIFFITH, STRICKLER, LERMjj I! ~. JlXJiiu Michael B. Scheib, Esquire Supreme Court ID No. 63868 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 -~~~oo"",,,'lb"*jJi1~'OO:~m!MFJIJ.iiiili'_&j'f,,,-U<W;kJAi.bL<i.1'!j~,,i<iiDl " --'f''-''''':iJii~ - t,",;'._'....... ._ -i':-Jl:rll~~"""-" ~ - ~,","- *illli ,... (') 0 C , . 0 ? ~ To "'On; t- .-, mr~. c:: =C_. Z-;.. /- 2:5' '-';!--.lJ W r- OO " "-:~8 ~~?; :<>: c:, :b ;~4Q ~c :Jf: ;~~:+; -0 ~B p- ~ c om !i r.;- -, ;l?' ...... ;JJ -< ~ , ~ iMl.R[ -_ _, -I. ~_ '. I" - i1J? !liIl~ J "'; - PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHOl'OI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) GregorY L. Sheffer and Debra L. Sheffer (X ) Civil Action - Law Appeal from Arbitration (other) ( Plaintiff) vs. Jamie R. Cannady The trial list will be called on and August 12, 2003 Trials corrmence on September 8, 2003 ( Defendant) Pretrials will be held on 08-20-03 (Briefs are due 5 days before p;retrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 01 Civil 1245 :m;; Indicate the i;l.ttomey who will try case for the party who files this praecipe: David W. Knauer, Esquire of Knauer & Associates, L.S.C. Indicate trial counsel for other parties if kn~: Michael B. Scheib, Esquire of Griffith, Strickler, / 5 ':)00 Signed: Print Narre~J. we-PtZId/t Attomey for:~a.IAlf:t Lerman,,_ Solymos & Calkins This case is ready for trial. i>i' ,J,~,~,,~, ...' ;- ~~,"~_i L. , -'"-'koo.Jl!ilJ!i~'" 18. Gregory L. Sheffer and Debra L. Sheffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v Jamie R. Cannady : NO. 01-1245 CIVIL TERM ORDER OF COURT AND NOW, August 12, 2003, by agreement of counsel, the above captioned case is hereby continued from the September 8, 2003 trial term. Counsel is directed to relist the case when ready. By the Court, .A5avid W. Knauer, Esquire For the Plaintiff ~ichael B. Scheib, Esquire For the Defendant . 7LMdJ- R~~ 08-/4-03 Court Administrator Id '~~INi'l\:iWM~J:;';;i';",,-',\i;~l';".~~~~'b~;;4Ii:il'M,j0'ill;,;j,""W,;I"I~I',~H""b<.~"";~i"'Ili!!~~_~iI!~~~NI!i!li~~liMlillrfli-ll!iii/I;I_ -,- -~ \.1..1';:- S:2 i \_.-.- . ,~., ;- \~J ',~ - --'1 i.: '~i:" i..J__ ".. .~_ P.."""o" "~=_ (')\ ('", (--1, W- o C!"::: ;d 23 0- Le;: .~.~s. -,/.-. ; --,-L. -'--;~ "~ _",I' _1/- ___-7 ;:"jfo ::.:\0- '2 ::> (,) -~,"" .<.,~ "~.~ , . ~ ~., ~"" "?fi I. - "~ ,~ w_ " I I I , I , I m <<',"""'"'" ."~-, ~ ^"~ "~ ~.." ~-- ~ , ."-",,, '~- - ' ~ ,",-; 20. Gregory L. Sheffer and Debra L. Sheffer : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Jamie R. Cannady : NO. 01-1245 CIVIL TERM ORDER OF COURT AND NOW, October 7,2003, cOUIlBel having failed to call the above case for trial, the case is stricken from the November 3, 2003 trial term. Counsel is directed to relist the case when ready. By the Court, Geor vt>avid W. Knauer, Esquire For the Plaintiff > ~ ~){~' J()-O'l-03 vMichael B. Scheib, Esquire For the Defendant Court Administrator ld ,!~M~_=" .d ~....l"__ '" . J__ - .~,~-' ~_. ~~_t",I~"~,,: PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitt~d in duplicate) TO THE PRlYI'HON:YrARY OF CUMBERlAND COUNTY Please list the following case: (Check one) (x for JURY trial at the next term of civil court. for trial without a jw:y. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Gregory L. Sheffer and Debra L. Sheffer (check one) (X) Civil Action - Law Appeal from Arbitration ) (other) (Plaintiff) vs. Jamie R. Cannady The trial list will be called on and 10-7-03 Trials corrrrence on 11 - 0 3 - 0 3 ( Defendant) Pretrials will be held on 1 0-15-03 (Briefs are due 5 days before p;t"etrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No.01-1245 Civil Term 19 Indicate the i;lttonley who will try case for the party who files this praecipe: DavidW. Knauer, 411-A E Main street, Mechanicsburg, PA Indicate trial counsel for other parties if known: Michael B. Scheib, 110 South Northern Way, York, PA This case is ready for trial. Signed: ()MP Wi~ P . t N David W. Knauer r11l aroo : Date: 09-15-03 Att f Plaintiff Onley or: ~W!Ilft.U'!!.'i!.,,;,s!i-,;!"ii""'[~"';@"'''"''~'''''"t~2k"'!>~~i!t:lJ~1;>:M~'l';t~'k~'~-;''~-b";'::'",j-";'\f"i;li'I''2i,,'''',*,j<'/M;t.w~i!&h:j;.~I';;Ii'iljl<t'4iHI!~JI!~~h_~-m.,,~if,t.~1.\[00ii&~ ~. """',"h'.,. - ~>. C) C ~ ~~( ~f~_' 2~~'" ~~ z s' . " ._~- "'; \: Cl c.~) o -n (/) r'l1 -0 -'n {~.: "n!:=! ,---~I' ":--;";() '-"1 'c,;,:0 --~-:; C) ;,'.c'')l7'l :2 =0 -< <..1, ~-r:.1 -';" " ':;' en . ,,,,-.-,. -~~, -,~ '"T' ~~, .~,...:--d - __~I ~"~h .~ " . ~_~~_~" . ~ ~d -~~ ~,:" PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHONYrARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Gregory L. Sheffer and Debra Sheffer (check one) ( X) Civil Action - Law Appeal from Arbitration (other) ( Plaintiff) vs. Jamie R. Cannady The trial list will be called on and 12-16-03 Trials comnence on 01-12-03 ( Defendant) Pretrials will be held on 01 "- (Briefs are due 5 days before p;r-etriills.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) Civil 01-1245 19 No. Indicate the Q.ttorney who will try case for the party who files this praecipe: David W. Knauer, 411-A E. Main st., Mechanicsburg,PA Indicate trial counsel for other parties if knOj\1l1: Michael B. Scheib, 110 S. Northern Way, York, PA 1~is case is ready for trial. ,,_, ~t)~ Date: 11-24-03 Print N~,David W. Knauer Attorney for: Plaintiff ~-'" - _. , ~. j ~ ~_." "M -~ . "'~ ill ~__ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW No. 01-1245 Civil Term v. JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION Please be advised that on January 5, 2003, at 1 :30 p.m., the Plaintiff will take the deposition of Dr. Bruce Goodman, at his offices, located at 1515 North Front Street, Harrisburg, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, Date: December 17,2003 KNAUER & ASSOCIATES, LSC ~J-;(~.: Y..d c.,..,.,/ avid W. Knauer, Esquire Attorney for the Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795~ 7790 ".j;jJ",ha"""""'",,, . , ~ ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v, No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 17th day of December, 2003, serve a true and correct copy of the Deposition Notice of Dr. Bruce Goodman on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 ~~Cry David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ." , . c~ , '!ir:;f ;r..ili*,~l!!:lliHi;~A:.h"'fh';[b"-rfE"":,' ;_'''~'ii'"",-..!t-i-"!fl~ii\;0ilIifi?"1l'IiiJl~~<h;~:'~;~0'",-,"I;H~;,'''';;:','P-;;"'K"'"",;;M~&.",.."ilj!;~~milli!id!'''''''''''''''~U~lMiJ''i1rJ" ~I!kj~~~~' --.i1i:1..i1l-'UJ ~ ' CJ C ~:;: -:'.:; ~ ~[1 ?~~ ~._~ ~ 0/ ~~i-. ~:~: ?...: --;J -, ". ,~ ~~"'" I~ " -,~~~". .~-~- " ~-~,,~ ^ , "'" = = "" o F'1 c-:> o .,.., ..... -,- ---n nlp -om -00 b' =;:J9t o::D zO ~)m ~-<l ~- :D -< u:> .v w -- ~ ~ g .] -~- "~... , '-~ ~ '" =, - ~ _1 ~~ ~ , ' I" ,,- _,_ ~_ ,~ 7'f;r ~;:,', ' G~~o~ L. S~#VLcL Q).,JY/l,e. L. ~l.-l#Ul..1 ifJ{~{#f; If; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA /7 J~~z v f2-, ~~//~ Df:1tvi<<s NO. 0/ - I L'fS NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that _~ l ~ ~Ir- -t i fA from the ~ward of the board of arbitrators entered in this case on sr~"^ ~ J-oO if . A jury trial is demanded 0 . (Check box if a jury trial is demanded. Other wise jury trial is waived.) appeals I hereby certify that: 1. The compensation of the arbitrators has been paid, or -2. L\wlieatioo h,,~ h",,,,n make for pvnTIi~~inn tn pm~",,,,il in fOnTIll rlll1r('ri~ (Strike out the i plicable clause) NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b), (b) No affidavit or verification is required. " ~)JiIlil.,\!1!i~~.!w.I'k'W"'hii"~,;,;;1""'iM;t'ili?"fui~"'EML~i:!,;~,,,,<m.:.t\,;,;,...'l"~:2";.x1",;i~;''Uf;-"";,~,,~,",,,;~~~I~.!:ii~ililtillf-=~ill!<t -'?'-11 ~-fu,il.'''_'<i . '~j\~~~L~-I. ~~~ iJ1' \-- ..--., c./I ~ ~ D U'\ ~f~ ~~,~ ~~ ~ ~ D d' ;':\ "" ,~ ~ C) "'f'! ~~F -otfj T;J 2-) ;~S~,~ ~::::; r'l", ~:'\ ~~ CJ :=:11 r....' O'.~ -"1:' :i: x.... N - '._''''''~''''''--''1'''''" -" .".,',~-, ""-""'~..;,.'t. ,---~;--'- ,:-,,--,'-"','- '-'",J " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA l. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED PRAECIPE TO REQUEST JURY TRIAL Pursuant to Pa. R.C.P. Rule 1007.1 (b) Defendant Cannady hereby requests a jury trial. GRIFFITH, STRICKLER, LERMAN SOL YMOS & CALKINS -1 By: MICHA L . SC IB, ESQ Supreme Court I.D. #63868 Attorney for Defendant Jamie Cannady 110 South Northern Way York, PA 17402 Telephone (717) 757-7602 .....J FOR .....J <( :F U PHQNE/ MOBILE UJ Z o -r-_ o TElEPKONEO _. D~JRNED YOUR CALL 0PLEASE CALL ,:.!OWfLL CAll AGAIN IIJ""< _ -- - '""l.1 k (/f ~ ~ , ,." ,,-, "'-~,--'''-- , -'1- __ ""0,='_ _.".~--,-, ,-,.,. "', - . - ,... . , "'''~' - ..-'. ~-.-,,^ ~ .. . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 29th day of October, 2004, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Request Jury Trial, by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS JL~,!1J Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Jamie Cannady ~iIt'ii!.:ih;"'~ "'~~lIIMl!l;jhiotl~~''''''':''~'''''lJiilifltbWfif.\,~.I'''~lilm:~ii:lIl!C'!f,:iI'' . ._o".~ "",- -, ~~' ~ -~" , ~- ~o ~ "'c' ~ -,';'''' ~~ ,""',~, ,,~".,. 0 I'.) = ~ C = ~:. .t:- uru z ::?::n gl:",'r: <::::> <: nlr_ ~?~~,:.: I ~? w ~~:_~ _10 -0 X"T g~ ."-0 :r.:: 5>c: c,y 0 z 315 :;:1 (.,.) -< - ." .. .. '___h ,-, ~ , . 111 - , ~.J... " ~ I, "'-,. "C_ "=" Gregory L. Sheffer and Debra L. Sheffer Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. ~_ 1245 / Jamie R. Cannady Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the Untied States and the Constitution of this Commonwealth and that we will discharge the duties of office with Idelity. r/MtP Joseph D. Buckley Name (Chairman) Law Offices of Joseph D. Buckley Law Firm Steven Howell Name Rolf E. Kroll Name Law Office of Steven Howell Law Firm Margolis Edelstein Law Firm 1237 Holly Pike Address 619 Bridge Street Address 3510 Trindle Road Address Carlisle, PA 17013 New Cumberland, PA 17070 Camp Hill, PA 17011 City, Zip City, Zip City, Zip 1F./O?;V9 ~/1331Award "lOgs' We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~. ;:]U~,~ ,."iIL 0": .., h,"Q().~o Date ofHearlng: ~_ z.P; Zevy Date of Award: Cp~ .:It,, 4ny Notice of Entry of A Now, the :l?.Jl. day of ~, 20 0'1 , a,t 10: 1\ , ./L,M., t~e above award was entered upon the docket and notice thereof gIven by mad to the partIes or theIr attorneys. n to be paid upon appeal: $B:qD~ ~ 1ft? IJ!$ (;[il *,a,~l~iii3- ,- ~~;j;~~.~J;,~i~iij:t,<~b'h;;O;;,;lA>.:>illi': ..~1-J""idj.-"",ikh~~~l<:..l&iMi!li;iit'~i~~ ""'-=o.ir'll"-- , 'Ms"~ ~illII"&iJ - ~"A'_i /93.- '6 -'t77!' 5.rt1tl . Sf.el..4Pa Io~/ ~C;a. y "//339 / v ~ ~ ,e.. /03 'ff ~~ iI/()J'[J _~.W~' 0 "" c: = ~ = ~ <"". ..,.. ~ ~ vi:~rJ U) 3':! 0:: ~ ~Jti ""-1 ::. ~ -0 m:!1 "'( '" S~::';:~ N -ohi co :o~ ?l ~ <.Il ec:',' ~.'7i ~ - SO d"'c; ",. t -- .z. '" :!:: ;;;0 <" .:: F>- (- 0 15~ ~ +- Z '" :< ~ d- t- ~ -< b b -I-.. ...... V) 0 ~ ~~ :> ~ <p~ :> /'> ~ ~ ~ ~ ~ -, c:r- ""\ -. (5 tlV "'!<_',_""'f'.'",", 8!Ifiij ,"'- -- ,- ,._ -'"oW i.:~o , , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and Civil Action - Law{~ DEBRA L. SHEFFER RECEIVED MAY 04 2005f>1 Plaintiffs vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED ORDER AND NOW, TO WIT, this .r day of rt1~ ,2005, it is hereby ORDERED that Defendant's Motion to Compel is GRANTED. Plaintiffs must produce a written report from any individual that Plaintiffs intend to call as an expert witness within 'If" days. If Plaintiffs fail to produce any expert witness reports within this time frame, then Plaintiffs will be precluded from calling any expert witnesses and Defendant may list the case for trial. Ad ;;P: ~s tj,O o I , ~ "~<' ~!~H-'...., Y.J IT: u__ r) ~',~ T ~._' ':J :0'- UJ .-- );1 :l~ J!, ;." l,t", , ,_~.=~ LL o ~() _7 ;::- ~ Z ~'~Z ',.,-::.. U._ -\:,~j ';(J ,r'_ , ;~b if.:..... .,...... ~.r;:> C:-.> = ~ n '"'^-, '~_i~mi~"'--'-'-~' ~ " ^"';'liiuDil!iL4' c__~,.;_, -j -".,; "'~~'~ii:..~ , ~jj &t9 ~ --~ .,-.---'" ., _ l .; . ~ ~ ,- . ~ . - -L, ",," '>~ _'0.' '", -'"-,"; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED MOTION TO COMPEL EXPERT REPORTS FROM PLAINTIFF SHEFFER 1. This lawsuit arises out of a motor vehicle accident which occurred on May 26, 1999. 2. During the course of discovery Defendant served Plaintiff with a set of Interrogatories and a Request for Production of Documents. (Defendant's discovery requests to Plaintiff are attached hereto as Exhibit "A") 3. This discovery requested Plaintiff to identify his expert witness and to produce expert reports. 4. To date, Plaintiff has never produced any expert reports. 5. Defendant has requested Plaintiff to produce a copy of expert reports on several occasions. (See Attorney Scheib's letters dated February 18, 2004 and March 10, 2004, attached hereto as Exhibit "B"). 6. Despite these requests, Plaintiff has never produced any expert reports. 7. Defendant files this Motion requesting the Plaintiff to produce copies of any expert reports. .~ ,- -0_ ,f- _,_ ~ '- (:~_' '-r._""_ ',',-, ....~ ~'~'-i~> , 8. Defendant would like to list this case for Trial and would like to have copies of any reports from individuals Plaintiff intends to call as expert witnesses at the trial of this matter. WHEREFORE, Defendant respectfully requests this Honorable Court for an Order instructing Plaintiff to produced copies of expert reports. If the expert reports are not produced within the time set forth in the Court's Order, then Plaintiff will be precluded from calling any expert witnesses and Defendant can list this case for trial. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS Date: /"' ~ 1{ 6~ BY: 1{ulA ;jJ MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 Attorney for Defendant Jamie Cannady "" l ,,', d~~' _~', - <C ,__'" _,' "" _ h_ ~"" ~.. . .- -, o,:;"",.-,.-,l,;c;S'-,_,:-_,,_, "-_-, -;;;-o"'~;'-~" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs Civil Action - Law vs. No. 01.1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~~ of April, 2005, I, MICHAEL B. SCHEIB, ESQUIRE, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Motion to Compel Expert Reports from Plaintiff Sheffer, by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: tJ MICHAEL . SCHEtB, ESQUIRE Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorney for Defendant, Jamie Cannady " "'~~ .. ," , C) o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED INTERROGATORIES/REOUEST FOR PRODUCTION OF DOCUMENTS. OF DEFENDANT CANNADY TO PLAINTIFFS SHEFFER SET NO.1 To: Gregory L. Sheffer and Debra L. Sheffer c/o David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 The Defendant, Jamie R. Cannady by his attorneys, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, Esquires, hereby demands that Plaintiffs answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiants obtain further information between the time the answers are served and the time of the trial. Also, pursuant to Pa. R.C.P. Rule 4009.1, et seq., as amended, Plaintiffs are requested to produce for inspection, examination and copying, at the offices of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, 110 South Northern Way, York, Pennsylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. .~ , "'~"''''~'1!aWII\l~'' " "'=m_~ _. J.3l\d"'"- .~ ~ - ,- . 1~~'1kl~, c o Definition of Terms THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES: A. "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: 1 . The subject matter and substance of that which took place; 2. The time, date and place thereof; 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The id,entification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiff, including by way of amplification and not limitation: contracts, invoices, 2 'b.. .- ..'"" ,;.., ",- 11'ii;/ o .At... V correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: 1 . When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association), state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made; (c) State the subject and substance of such oral communication; and 3 ,0,1 1 - -I," ,.'^, ":F; c ,0 (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof; F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document (e.g., letter, contract, chart, memoranda) ; 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009.1, et seq., of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events). 4 L .. ~''" - o <) I. "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. 5 ", - i'i::ai:.'ic!.: "" J "' "" icJ~;:i o o 1. Please state your full name, date of birth and present address. A. Have you ever used or been known by any other name? If so, please state each other name. B. How long have you lived at your present address? C. If you are married, provide the full name of your spouse and the date of your marriage. D. If you have children, list their names, genders and dates of birth. 6 .=~ ., ~'""". ~."-'"".~ ~I ~~ , I . --~- , -0 !i.Ditii_'}., o -0 2. What is your present occupation and state the name and address of your present employer. 3. Describe the specific nature of your employment duties and responsibilities. 7 '" "~ ~ ~ ~ 'I I . ~, -'ilf&' o o 4. List the names and addresses of your former employers for the past ten years, if any, and describe your employment duties and responsibilities. 5. What is your social security number? 6. State the amount of your gross and net income for each of the past six years. 8 .., L_ ~_O" *If!;il~ -""~ "''Wi: o ,0 7. Describe any and all accidents and/or personal injuries you have suffered before the accident herein sued upon, giving the date, place, and parties involved in each such accident. 8. From your knowledge, describe any and all infirmities and disabilities from which you suffered before the accident in this claim or law suit. 9 """ ~,. ._"- '~b.- ... .M'~';"" ;-~tj;, o ,0 9. State the names and addresses of all doctors whom you have seen or with whom you have consulted during the ten years preceding the date of this accident, and the nature of the ailment, illness, or other reason, for which such doctor was consulted. 10. Give the names and addresses of all hospitals where you have been either as an in-patient or an out-patient during the ten (1 0) years prior to the accident complained of and describe the condition which necessitated each such hospitalization. 11 . Of your own knowledge, what injuries did you receive in the accident involved in this case? 10 ~,-~~", ~ "" '"' ~ ,~^ ~ ~ " ~-JJi.Ml'4' o .0 12. Of your own knowledge, list any permanent scars, disfigurements, disabilities or discomforts growing out of the within accident. 13. Of your own knowledge, please set forth the exact nature of all other present physical complaints, limitations or restrictions which you allege are attributable to the injuries which you received in the accident involved in this case. 14. If you have been hospitalized by reasons of the accident herein sued upon, list the names and addresses of all such hospitals, clinics, or other medical institutions in which you were a patient as a result of this accident, giving the dates of confinement and the sums of money paid by you or on your behalf, or owing to each for services to you. 11 - w-I ~ ~ 1- - 1ijC o o 15. Please set forth the full name and address of each and every doctor or other medical person who has attended or examined you as a result of the within accident, and the sums of money paid or owing to each for services to you. 16. On what date did you last work prior to the accident which is the subject of this litigation? 12 "~.............. ;, ~ ' .. L,'~ ~ 0 ~I!/!il'~-""~ .," o <) 17. If you have returned to work, either on a full-time or part-time basis, when did you return and state whether the return has been to full-time or part-time employment. 18. Exactly how much income, if any, do you claim to have lost to date as a result of the within accident? A. If you have lost time from work, please state the number of days and give the exact date, month and year of each day lost. (i) the amount of said loss; (ii) the method of calculating said loss; and (iii) the facts upon which you rely to base your calculations. 13 ~.~ ~. '" c_~ _ " ~~ j - I,~...:;~ "~ J. --"-'Lc.il;~ o o 19. Of your own knowledge, will it be necessary for you to have future medical treatment by reason of the within accident and, if so, who advised you of the need for treatment and describe the type of treatment discussed. 20. Describe any and all accidents and/or personal injuries you have suffered since the accident here sued upon, giving dates, time and place, parties involved and injuries involved. 14 "~~ ~ 'i . - - """~-~"'jf- o ,0 21 . Do you know of any person who witnessed the alleged occurrence or who has any knowledge of the relevant facts concerning the nature, character and extent of the injuries, disabilities, damages, losses or expenses sustained by you as a result of the occurrence and for which claim is being made in this action? 22. If so, for each person, state: A. The name and last-known address; B. A detailed description of the relevant facts known; c. Whether written or otherwise recorded statement has been taken and, if so, the name and address of the person taking the statement and the person in present custody of the statement; and D. If you will do so without a Motion to Produce, attach a copy of each statement to your Answers to these Interrogatories. 15 ,. - I," ""'~~ . 'ivlMj:'}/ o () 23. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. 24. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each I' expert's Curriculum Vitae or resume.) 25. A. Set forth the facts to which each expert you have listed is expected to testify; and B. Set forth the opinions to which each such expert is expected to testify. 16 , "''''~ ,~ . - .~ J_; - ..~" i.. J4l r~k o ,0 26. Identify and describe any photographs, experiments, videotapes, movies, transparencies, models, diagrams, facsimiles, drawings, plans, tests, or other device or thing to be utilized by any expert to illustrate testimony or otherwise to support any opinion to be offered. 27. At the time of this accident, were you covered by any policy of insurance which protected against the loss which is the subject of this action including but not limited to auto insurance, health insurance and disability insurance? 28. If so, state for each such policy:: A. The name, principal place of business and telephone number of the insurer; B. The name, address and telephone number of the named insured; C. The policy number; D. The effective dates of coverage; E. The amount of liability coverage, specifying the terms thereof; F. State whether there are any provisions, such as medical pay clauses, first party benefits, uninsured motorist's coverage, underinsured motorist's coverage, or other insurance payment provisions, which will provide benefits to a party injured by your vehicle and set forth any conditions, exclusions or other relevant terms concerning such additional benefits, including the amount(s) of such coverage; G. The number of vehicles covered, if applicable. H. Your legal domicile at the time insurance was applied for; ~7 -~. " " " , I 0 , "~ . . ~ <_ ~_ d'.~'--.-- 0' - - ~lf' . -0 I. Your legal domicile a~ the same time each policy of insurance (or any endorsement theteto) was issued; and 1 J. Did you elect full tortl option or limited tort option? ~8 4."' ~q'__'''I.'''="~ ,~~~J .., In "~._"~. o . o 29. Has the insurance company or companies involved raised any issue as to your coverage for damages arising from the aforesaid accident? If so, please set forth in detail the basis for such issue, reservation of right or denial of coverage. 30. If any issue as to coverage arising from this accident has been raised by the insurance company or companies involved, please set forth your position as to this issue. 31 . Are you protected against the type of risk which is the subject of this action by any: A. Reinsurance; B. Excess insurance; C. Umbrella policy; D. Insurance on another owned or leased vehicle; E. Self-owned or closely held business insurance; and F. Employer's liability insurance, if relevant? 19 ?.,~_. ,,,,,- ~ o -0 20 ~ ,-~- ~_~_ ~ _,__ ~.ol - , o ,0 32. If your answer to any portion of #31 above is in the affirmative, for each such coverage state: A. The name, address and telephone number of the insurer; B. The number of the policy; c. The form of insurance; D. The effective dates of coverage; E. The amount of coverage, specifying the terms thereof, including medical benefits, work loss benefits, and uninsured motorist/underinsured motorist benefits. F. The name and address of the named insured; G. State whether there are any provisions such as medical pay clauses, first party benefits, uninsured motorist's coverage, underinsured motorist's coverage, or other insurance payment provisions, which will provide benefits to a party injured by your vehicle and set forth any conditions, exclusions or other relevant terms concerning such additional benefits, including the amount(s} of coverage; H. The number of vehicles covered if applicable; I. Your legal domicile at the time each policy of insurance was applied for; and J. Your legal domicile at the time each policy of insurance (or any endorsement thereto) was issued. 21 ~ 'lor" " ~ ~. ~ ~....'~ -~ - ~""'" I .~- , h ~"~ Nil o A'\ "V 33. Has the insurance company or companies involved in your answer to Interrogatory #32 raised any issue as to your coverage for damage arising from the aforesaid accident. If so, please set forth in detail the basis for each such issue, reservation of right or denial of coverage. 34. Does any relative residing in your household possess motor vehicle insurance other than the coverage referred to in Interrogatory #27 or #31? 35. On the date of this accident, were you the owner of a motor vehicle registered in the Commonwealth of Pennsylvania? 22 .; '" , ~o" .~ . " _ ~ ~_i , o ,0 36. List the make, model, year and registration number of any motor vehicles owned by you {either individually or jointly with someone else} on the date of this accident. 37. State the date on which the motor vehicle you were operating at the time of this accident was last inspected prior to the date of the accident and identify the inspection facility by name and address. 38. Have you ever filed any claim{s} for worker's compensation benefits for this or any other incident and, if so, identify the employer, describe your injury, and provide the name and address of the insured or self-insured entity to which your claim was made. 23 ~, ,~ ~ 'H . , - -, t-' o .0 39. Identify by name, address, and subject matter of testimony all trial witnesses you intend to call. 40. State the total amount of bills you have incurred for medical treatment as a result of the motor vehicle accident upon which this lawsuit is based? 41. State the date of your last appointment for medical care, treatment or consultation for injuries related to the incident in suit, and identify by name or address the health care provider. 24 -' , " -- L_, , . ' ,~-, 'n,'i!Mi o o 42. Are you currently under a physician's care for injuries related to the incident in suit and, if so, state the name and address of the physician. 43. Has any physician advised you to limit or restrict your work, employment or vocational activities due to injuries related to the incident in suit and, if so, identify the physician by name and address and describe the limitations and/or advice related to you. 44. Has any physician advised you to limit or restrict your activities of daily living, household chores, hobbies, or activities you engaged in (pre-incident) and, if so, identify the physician by name and address and describe the limitations, restrictions and/or advice relayed to you. 25 J^O-'. ~"'~" ,~_~ L_ ~ -~ do' ~ ...... ~ TIl '~t,L o .0 45. Have you been convicted of any crime within the past ten (10) years, whether by verdict or plea of guilty or nolo contendere? If so, please state: a. the date of each such conviction; b. the county and state in which you were convicted for each such crime; c. the nature of the felony or misdemeanor of which you were convicted; d. whether such conviction resulted from ajury verdict, plea of guilty or plea of nolo contendere; e. the name and addresses of the tribunal imposing sentence; f. the title of the cause and case number assigned by said tribunal to your case; g. the nature of the sentence imposed; and h. the dates and places of any facility in which you were incarcerated, and the date(s) of release. 26 ~; ~"1. .-. J:i:t:i: o . o Please produce the following documents: 46. All photographs in the possession, custody or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of the Plaintiff, including any insurers for the Plaintiff, showing, representing or purporting to show any vehicles, locales, instrumentalities, persons, and any and all other matters related to the subject matters of this litigation. 47. All diagrams, sketches, drawings, plans, measurements, or blueprints in the possession, custody or control of Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of said Plaintiff, including any insurer of said Plaintiff, showing, representing, or purporting to show any of the instrumentalities, locales, persons or other matters involved in the incident which forms the basis of Plaintiff's Complaint. 48. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of Plaintiff, Plaintiff's attorney, insurers, or anyone else acting on behalf of the Plaintiff. 49. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiff, or his/her attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in question. 27 'rj _.~.."~ - ~,6.... '" ~" - ",,"-, ';". ~'\i~~: o o 50. All documents prepared by Plaintiff, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiff, except his/her attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiff, his/her former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiff's behalf.) 51 . If not otherwise covered by the above Requests, the complete claims/investigation/subrogation (file(s) of any insurers of Plaintiff, dealing with the incident in question, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 52. All documents in the possession, custody or control of Plaintiff, Plaintiff's counsel, insurers, or anyone else acting on Plaintiff's behalf, dealing in any way with the injuries, damages and losses sustained by Plaintiff, other than those documents supplied by Plaintiff's counsel to Defendant's counsel. This should include, but not be limited to, all medical bills, medical records, medical reports, correspondence, any and 28 -'" i..~ ,j .. I" ... " ~ o -0..' ., all other bills and documents relating to medical treatment, hospitalization, medication, appliances, lost wages, etc. 53. If you are maintaining a claim for impairment of earning capacity, please produce copies of your Federal income tax returns for past six (6) years. 54. Please produce your W-2 (wage and tax statements) for the past six (6) years. 55. Produce copies of all trial exhibits. 56. Produce all of your policies of auto insurance in effect on the date of this accident including all declaration pages and endorsements. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: MIC L B. 5 EIB, ESQUIRE Supreme Court I.D. #63868 Attorney for Defendant Cannady 110 South Northern Way York, PA 17402 (717) 757-7602 ': ",""-,,,-,- , ."< I, - ---I; ..~_,__ '""~>~"""\ i o -0 IN THE COURT OF COMMON PLEAS OF CUMElERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law vs. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE r.,,-rM AND NOW, thid I of June, 2001, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served Interrogatories/Request For Production of Documents of Defendant Cannady to Plaintiffs Sheffer by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY' MiOhR 4!.4!1 Attorney l.D. No. 63868 110 SOLJth Northern Way York, Pennsylvania 17402 (7171757-7602 Attorneys for Defendant Cannady ~- tlilllJj~)' . . LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN'" PETER D. SOL YMOS CHARLES B. 'CALKINS PAUL G. LUTZA MICHAEL B. SCHEIB" 110 S. NORTHERN WAY YORK. PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757.7602 FAX: 1717J 767.3783 EMAlL; info@osL<:c com ANN MARGARET GRAB THOMAS B. SPONAUGLE KRISTl A GOHN PATRICIA J. BARTKOWIAK GLENN J. SMITH Michael B. Scheib's EMAIL: Msr.heiMilo!'l!sc com ROBERT -H. GRIFFITH - OF COUNSEL OAlst) Member MD Bar A LLM fTaxatlon); also Member Cl Bar * Also Member NY and D.C. Bars February 18, 2004 David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Re: Sheffer vs. Cannady Cumberland County Civil Action No.: 01-1245 Dear Attorney Knauer: As you may recall, this case was listed for trial in December, 2003. The case had to be continued because of your hospitalization. It is my understanding that the case has not been re-listed for trial. I do not want to take any steps to re-list it for trial until I have had an opportunity to discuss your schedule. At your earliest opportunity please contact my office so that we can review our calendars and determine when we should list this case for trial. Because of your prior health problem, I do not want to take any steps to list it without an understanding of your availability. Similarly I would hope that you will not list it for trial without conferring with me and ascertaining'my availability. Finally, I have not received any expert witness reports from you. . , . . David W. Knauer, Esq. February 18, 2004 Page Two Please forward the reports of any experts you intend to have testify at the trial of this matter. VlllJtltf MICHAEL B. SCHEIB ej.ltr.Cannady If ~ ~~ . .,.~ .. ~~~' , , '" ,.', .. , . LAW OFFICES GRifFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMANO PETER D. SOlYMOS CHARLES B. CALKINS PAUL G. lUTr MICHAEL S. SCHE1S* 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: 17171 757-7602 FAX: (717) 757-3783 EMAll: inforalaslsc com ANN MARGARET GRAB THOMp.,S B. SPONAUGLE KRISTI A. GOHN PATRICIA J. BARTKOWIAK GLENN J. SMITH Michael B. Scheib's EMAtL: MscheibtO:lnslsc com ROBERT H. GRIFFITH - OF COUNSel GAlse Member MO Bar ~LL.M !Taxation\; also ~mbeI CT ear * Also Member NY and D.C. Bars March 10, 2004 David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Re: Sheffer vs. Cannady Cumberland County Civil Action No.: 01-1 245 Dear David: This is a follow-up t,o my letter to you dated February 18, 2004. I would like to bring this case to a conclusion. Previously the case was listed for trial but was continued because of your hospitalizations. Because of your prior health problem, I do not want to take any steps to list it for trial without an understanding of your availability. Please contact my office so that we can discuss your availability and the court calendar. In addition, I have never received any expert witness reports from you. I would appreciate if you would forward any such reports to my office. Very truly yours, ,~ MICRA L B. SCHEIB ej.ltr.Ca nady ,f~iiij~r.oii~..t'<ilk,j,.wI'!i;"'~it't".",;,g"",~., ,- ';,;,i8,,-l~,Mk4"'11~\i:Jj;,,!;;;,.b":;i;-tj';!j'I;;!llillil.ll~ 1fi\*"~.illill!ib,,, ~ .~. 'r~.~..",,"'''''~.^ --~ -= ~. . , . '"' _" ~__ .~__,~_ L _.~~.~O,"~ """'""',.-.....iiJ "C.llf~! .. ',. . ~ - ^"~ .il!(--~f<! ,~~ bO,;"'!'!. il~ () C :S,.. v r~~:~ n"ir,,' '-? -; ~~: \,:- ;J;::C) .L:~Cl <:-t;.C'" .> - ~ -< ~ ~ 'i ....., <= = en :x > -< I N o -n ~:n --or,; :09 06 ----{.o XC) o-c-:> zm ':) """ 2f; '-< -0 ;:!l: C1? r N or .j'- - ~ . 7 ~( .... PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHONJTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next tenn of civil court. for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) Civil Action - Law ( X) Appeal from Arbitration (other) GREGORY L. SHEFFER AND DEBRA L. SHEFFER, (Plaintiff) vs. The trial list will be called onMAY 16, 2006 and Trials comrence on JUNE 12, 2006 JAMIE R. CANNADY, (Defendant) vs. Pretrials will be held on MAY 24, 2006 (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 1245 Civil Term B 2001 Indicate the attorney who will try case for the party who files this praecipe: MICHAEL B. SCHEIB FOR DEFENDANT Indicate trial counsel for other parties if known: DAVID W. KNAUER, FOR PLAINTIFFS This case is ready for trial. Si~ed, 1lJ4~ Date: tJI7J~r: I I Print Narre: MICHAEL B. SCHEIB Attorney for: DEFENDANT, JAMIE R. CANNADY '~: ~ ~.' . ~~ ~ " ~;;.L~ ~- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutmitted in duplicate) TO THE POO'TI:!ONJTARY OF CUMBERLAND COUNTY Please list the fOllowing case: (Check one) ( X) for JURY trial at the next term of civil court. for trial without a jury. -----~----------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Civil Action - Law (X) Appeal from Arbitration GREGORY L. SHEFFER AND DEB~ t" SHEFFER, (Plaintiff) (other) vs. The trial list will be called on MAY 16, 200 and Trials commence on JUNE 12, 2006 JAMIE R. CANNADY. ( Defendant) Pretrials will be held on MAY 24, 2006 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 1245 Civil Term :ll:i 2001 Indicate the attorney who will try case for the party who files this praecipe: MICllAEL B. SCHEIB FpRDEFENDANT Indicate trial counsel for other parties if known: ~ !j>AVID W. KNAUER, FOR PLAINTIFFS This case is ready for trial. Signed: 'JMfJ/l>.Jt/- Date: Print Name: MICHAEL B. SCHEIB Attorney for: DEFENDANT, JAMIE R. CANNADY . ~ ,> '. -. _ ., ,d",-' _ .- --.J ,"i.""-; ,,-_,~., I. ,,- ."','- ,--., -,_J: ";"'tj -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs, Civil Action - Law v. No. 01-1245 JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I '7 ~ay of April, 2006, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Listing Case for Trial, by United States Mail, addressed to the party or attorney of record as follows: David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: MICHAEL B. SCHEIB, ESQU Supreme Court ID No, 63868 110 South Northern Way York, Pemnsylvania 17402 (717) 757-7602 Attorney for Defendant, Jamie Cannady ;':"M~",I,,,, ,Jilt ,~-> ~ ;" Ilr J"-':;---'_-~~J/l "~,,_':i.,,-"'-;j"~-' ,;,.~~.o;_, "-~li<ln~T/M! .~ ,'.-'-'.". &., ~ "" I~ ~ - ". ~ ~;-- """ ""c;",,,;, ^ ,_v _" ~ " '-j;- ~ r~L ''''''''4''''-' ~'.,,,-<-<.<;. , :;.,.(-~ 9 \.:;:: , .-:> = .-:::;:--:;. 0' ~ ;:''0 :~-l ":c~ ~-7 ':--1 ::( " r,' J;" o -y\ :.:01 , -n Fi1p -n\!{ -32~\ ;:'--'T' :to" ::;::: 'iffl :::', ;;;; :< \.F? Go) 0") "~.I ,~ , - ~~-"'-"If ~-- "~" >,..:;; ~ David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S,C. 411-A E. Main Street Mechanicsburg, P A 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW No. 01-1245 Civil Term v. JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED NOTICE OF DEPOSITION Please be advised that on May 30,2006, at 4:30 p.m., the Plaintiff will take the deposition of Dr. Robert Beaudry, at his offices, located at 3600 Old Gettysburg Road, Camp Hill, Pennsylvania, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and participate in this examination. Respectfully submitted, Date: May 10, 2006 /7.. R & ASSOCIATES, LSC ~g~ David W. nauer, Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 if. ~-" .' " -. ~ ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 10th day of May, 2006, serve a true and correct copy of the Deposition Notice of Dr. Robert Beaudry on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 avid W. Knauer Attorney for Plaintiff Attorney J.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 . ~ , " ~<<>.t'~-'l ' ~~l~~(1ilifi~~"""""""~'~ B 0'0' '~--~-.,;, ~." --~ "h~_o lt6.:~!M!l~al!I.j~",-;%;,'i.d~,:,'a;id:'~gitj~i!k"W"'- -- "'" ~- ~ . ". -I:!iia' " .~!iliU'"tl..~;jjf~~_Ii1 ~~',1Il!ilt;i~--......... () ....> ~ = C = s: =- -ore 3: :t mn"~ :I"- n1 ::D z~~, -< . =BfT1 ZC :; y 0):1;.. So -...",... r:: c . -r-" ~- -0 ('~5 :n ~F~: ::n:; -,?C) ;.~tn )>c (..J ~ :z: =2 (;) ?;;! ~ , ~,- o. , ,-,-,',-I,~,'" ,--'~' "~-<'_ '_',," ,'~,J'-- "0""""_' Ji'_~;;'-",._' -~'"'1f:i-, ..' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER, Civil Action - Law Plaintiffs, No. 01-1245 v. JAMIE R. CANNADY, Defendant. JURY TRIAL DEMANDED MOTION IN LIMINE OF DEFENDANT JAMIE R. CANNADY Come Now Defendant Jamie R. Cannady, by and through his attorneys, Griffith, Strickler, Lerman, Solymos & Calkins, and Michael B. Scheib, Esquire, and files this Motion In Limine. Defendant Cannady requests this Honorable Court to: I. Preclude Mention of Insurance; and, II. Preclude Introduction of Plaintiff s Medical Bills. I. MOTION IN LIMINE TO PRECLUDE MENTION OF INSURANCE The general rule in Pennsylvania is that evidence of insurance is irrelevant and justifies the grant of a mistrial. See, Dively v. Penn Pittsburgh Corporation, 332 Pa. 65, 2A.2d 831 (1938): Paxton National Insurance Companv v. Brickailik, 513 Pa. 627, 522 A.2d 531 (1987). The mention of insurance or the fact that the Defendant has insurance coverage for this lawsuit would prejudice the Defendant and would require a mistrial. Phillips v, Shoenberger, 369 Pa. Super. 52, 534 A.2d 1075 (1987). WHEREFORE, Defendant Jamie R. Cannady respectfully requests this Honorable Court to enter an Order to preclude the parties, the attorneys and all witnesses 1 i' - .,-'. -, ,', --~" -,,,, ,Co, . ,__~_C_" -_._" o~ I'~ -. - '-..-;,,- --'.:,."",j,:~,;~-, ,'.--. ';'","..,,,,~! ',' from using the word "insurance" during their testimony, or inferring, implying or testifying that the Defendant is covered under a liability policy. II. MOTION IN LIMINE TO PRECLUDE INTRODUCTION OF PLAINTIFF'S MEDICAL BILLS Plaintiff Gregory Sheffer is a limited tort plaintiff. Pursuant to Pennsylvania Law, Plaintiff Sheffer will be allowed to recover "his" out-of-pocket expenses. Plaintiff Sheffer does not have any lost wages. Accordingly, his out-of-pocket expenses will be limited to his medical expenses. During discovery, Plaintiff Sheffer produced a hand written note which was entitled "Out of Pocket Expenses". A copy is attached hereto as Exhibit A. This document indicates that the out-of-pocket expenses total $5,926.68. During the Pre-Trial Conference, Defense counsel showed the document to Judge Hess. Plaintiffs counsel did not indicate that the document needed to be updated. A. THE OUT OF POCKET EXPENSE FIGURE SHOULD BE REDUCED BECAUSE MR. SHEFFER DID NOT INCUR THE EXPENSE The document indicates that Crossroads Bible (Plaintiffs Sheffer's employer) paid $1,200. Thus, the out-of-pocket expense figure should be reduced by this amount. Plaintiff Sheffer did not pay this bill out of his pocket. He did not incur this expense. B. THE OUT-OF POCKET EXPENSE FIGURE SHOULD BE REDUCED BY THE AMOUNT OF DR. MINIUM'S BILLS The Out-of-Pocket Expenses Sheet prepared by Plaintiff Sheffer indicates that Dr, Minium bills totaled $1,200. Plaintiff Sheffer has indicated that he paid $556.30 and has an outstanding balance of $643.70. Since Plaintiff Sheffer has not incurred the 2 ..Ii I~ __ ~" 0', ., --~. L "", ,,~ .~~", ..,,;; " ,=<,," -----;"- 0""'-'-"';18, out-of-pocket expense, the outstanding balance of $643.70 should not be admitted into evidence. In addition, the entire amount of Dr. Minium's bills should not be allowed. No one will testify that Dr. Minium's bills of $1,200 are related to this motor vehicle accident. Dr. Minium will not testify at this trial. None of Plaintiff s expert witnesses have said that the $1,200 bill from Dr. Minium is related to the motor vehicle accident. The $1,200 bill from Dr. Minium is for plaintiff s new dentures. Plaintiff Sheffer had 21 year old dentures at the time of the motor vehicle accident. Dr. Boyle testified that the American Dental Association recommends that a person have his dentures rechecked every 5 years. The motor vehicle accident is not the reason for the new dentures. C. THEOUT"OF POCKET EXPENSES SHOULD BE REDUCED BECAUSE PLAINTIF1F'S EXPERT WITNESS HAS NOT STATED THAT THEY WERERE'ASONABLE, NECESSARY, CUSTOMARY AND RELATED TO THE MOTOR VEHICLE ACCIDENT The Out-of-Pocket Expense sheet list medical bills from Central PA MRI ($875.00), PRISM, P.C. ($360.00), Alexander Springs Rehab ($508.00) and Yellow Breeches Family Practice ($33.00). These medical bills total $1,776.00. None of Plaintiffs witnesses will testify that these bills are reasonable, necessary, customary or, most importantly, related to the motor vehicle accident. Without this testimony the medical bills are not admissible. More importantly, Plaintiff Sheffer has not incurred any out-of-pocket for these expenses. In discovery, Plaintiff has produced a letter dated March 21, 2000, from American Sentinel Insurance Company (ASIC) to Central PA MRI Center. In this letter, 3 '1 . I - .~- - -- ,~ ,.. "-., . . '-'.'~ -:-.,- -~ ;,.1",. '., "',;,'-T',, .;;; ;-"",:~,<''',i'-c '~i;':'l~;i '. . ASIC refused to pay the Central P A MRI Center bill of $850.00 because the benefits had been paid directly to the claimant, Gregory Sheffer. A few months later Plaintiff Sheffer sent a check for $850.00 to Central PA MRI Center. He however, did not incur an out- of-pocket expense. Rather, the insurance company check had been sent directly to him instead ofto the health care provider. WHEREFORE, Defendant Jamie R. Cannady respectfully requests this Honorable Court to enter an Order to preclude or limit the medical bills Plaintiff Sheffer can introduce into evidence. Date: ~(lz-lo? GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY UJJr;M MICHAEL B. SCHEffi, ESQUIRE Supreme Court LD. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney for Defendant 4 "-I', '.-' - ',-. <C'''' ~,;'., 0',,'>,--- : ,,' ,:_' , -_~' '[;1 0,,+ err Ac-k:d-~p~5~J " . Ct;+feJC7(, fa ~f?I Ck <# 779 g 7s-. 00 f ({IS-/>? , PC , , Ct .Jj 780 eEl? J)CF/lks) :J (0, 00 bIZ- Fr..aJ MpJ/l/"l (.k. Jf j72 eAL s-hu c,u€:b b jlJ. 70 .ss~ 30 tJ tt:/,4f~ S(p,rJ , f?c./h:;.d Cl1l 7g.). rDg 00 f5 i/I U./)'7 SU((~ C rns I 'I- J;J, yy o (UlL 300. 0(; [( r ( If 3~, 11 /1 I' , ' II 'I n Vt:l.k~ btUclb ~/7 fl~cc -- o.i-sJ,....o,.1 (; bVl. 70 00 I ;) 06, Ce<-u'C<t>(lJ- iJltI<<-- fby~l) 33- 00 fP<ftb ~ 98 ~,} 3). T~L 68 s9,J. C-.. C~~( /'l?ClJiC-tJ<. Ci:i:rf( c,,""'P~ ) (TC,,(S d,'''+) - . ii!i ;~_It..." ""~"~i:fj~,~!iffiiW~iJWli&,.~li:>'''''i~"",r,",,0l'''i~t<~>1'..ti~~1i\~m.~.J " 01, I '. ~. ._~ M,~" iii ~",......,~" , , '~1i1m;:itr ->~.- C) ...~ = 0 c.= ';:::::j -n ::.-.;r. \~ , t: -; '1 , :r "T1 ~ m r== =-g ~ ,~ N '~5 t --1-- ~';~ ;J.'""'" -~j -'f1 ~, ~ (") C -, \,D [Sn, ;:.:: ~!~ -:2 ,1] ~:-- -< ."" - ,.", ::;... ... ". w, - - David W. Knauer, Esquire Attorney I.D. No, 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE, END, AND DISCONTINUE TO THE PROTHONOTARY Market the docket in the above case settled, ended, and discontinued. Date: July 20, 2006 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~~~ Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 1 ~~,~~ ~-"~ "0. j ~ _ 1 j L_;.,......._io...~;.~- c.: ~"l__""". I . 'li.~ilJliii:itjLjY: ~~ ~ J t, _ " __~,_I ~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREGORY L. SHEFFER and DEBRA L. SHEFFER Plaintiffs CIVIL ACTION - LAW v. No. 01-1245 Civil Term JAMIE R. CANNADY Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 20th day of July, 2006, serve a true and correct copy of the Praecipe to Settle, End, and Discontinue, on all counsel of record by United States mail, first class, prepaid addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 gudl~ David W. Knau r Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ~:;;m-~ k".b'~-iM" .'-~Ir-"~ ..~' ,-'f,~,_,,'"" -,--,";,-",.IkJ, -- ... ~,.~ " n~~ ~ . ~," "_~_'W_"~ ~,,< '~ffil4I~~"'-;':'''''''~'--=''''~-'''';'~"- ~ -.,. ,~__w" J"<~._~,.., ,~, '.,"._., > ~~ , .~ ~ - ~ '~illi1W ,.:, ;;..." "ill"'" ". . _,,___'0 ". ,:.:" .-;-1 , -j