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Home My WebLink About03-2014ROMEO LIO, 3224 Market Street, Camp Hill, PA 17011 and MARIA LUISA LIO, 3224 Market Street, Camp Hill, PA 17011, ROMEO LIO and ALBERICO LIO, t/d/b/a LIO'S PIZZA AND SUBS ON THE WEST SHORE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. O3 -- 20 ly MARK A. FIGUERO, CIVIL ACTION -LAW 4241 King George Drive, Harrisburg, PA 17109, Defendant PRAECIPE FOR WRIT OF SUMMONS TO: Curt Long, Prothonotary Please issue a Writ of Summons for a Civil Action at Law against the above-referenced Defendant. SHUMAKER WILLIAMS, P.C. Dated: 007? By 2?L? gZ. Laurence W. Dague, I.D. #A715 P.O. BOX 88 Harrisburg, PA 17108 (717) 763-1121 154797 Attorneys for Plaintiffs let I CID OV) Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS ROMEO LIO, MARIA LUISA LIO 3224 MARKET STREET CAMP HILL, PA 17011 ROMEO LIO AND ALBERICO LIO, T/DB/A LID'S PIZZA AND SUBS ON THE WEST SHORE Court of Common Pleas Plaintiff Vs. No. 03-2014 CIVIL TERM In CivilAction-Law MARK A. FIGUERO 4241 KING GEORGE DRIVE HARRISBURG, PA 17109 Defendant To MARK A. FIGUERO You are hereby notified that ROMEO LIO, MARIA LUISA LIO, ROMEO LIO AND ALBERICO LIO, T/D/B/A LIO'S PIZZA AND SUBS ON THE WEST SHORE the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date APRIL 29, 2003 B Deputy Attorney: Name: LAURENCE W. DAGUE Address: SHUMAKER WILLIAMS, P.C. P.O.BOX 88 HARRISBURG, PA 17108 Attorney for: Plaintiff Telephone: 717-763-1121 Supreme Court ID No. 19715 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIO ROMEO ET AL VS FIGUERO MARK A R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FIGUERO MARK but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 29th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 30.50 .00 67.50 05/29/2003 SHUMAKER WILLIAMS Soo an R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /2,2?, day of .208.33 A.D. / Protho y? (10mce of the ,'Ii?4Pxrff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin • LIO ROMEO vs • FIGUERO MARK A Sheriff's Return No. 1068-T - - -2003 OTHER COUNTY NO. 03 2014 AND NOW:May 23, 2003 at 1:12PM served the within WRIT OF SUMMONS upon FIGUERO MARK A by personally handing to DEF 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 1139 MULBERRY STREET APT 303 , PA 17104-0000 Sworn and subscribed to before me this 27TH day of MAY, 2003 PROTHONOTARY So Answers, 479/(- Sh t? _e;i„?f o hin County, Pa. By Deputy Sheriff Sheriff's Costs: $30.50 PD 05/06/2003 RCPT NO 178379 ME In The Court of Common Pleas of Cumberland County, Pennsylvania Romeo Lio et al vs. Mark A. Figuero SERVE: same No 03-2014 civil No. Now, may 1, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. e Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to o'clock M. served the copy of the original So answers, Sheriff of Affidavit of Service , 20_, at _ Sworn and subscribed before me this day of 20? COSTS SERVICE MILEAGE AFFIDAVIT the contents thereof. County, PA ROMEO LIO and MARIA L. LIO, Husband and Wife, Plaintiffs V. MARK FIGUEROA and ANDREA RICHARDS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law NO. 03-2014 CIVIL TERM JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (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 LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROMEO LIO and MARIA L. LIO, Husband and Wife, Plaintiffs V. MARK FIGUEROA and ANDREA RICHARDS, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Civil Action - Law NO. 03-2014 CIVIL TERM : JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de Is notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por Is Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars, usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROMEO LIO and MARIA L. LIO, Husband and Wife, Plaintiffs V. MARK FIGUEROA and ANDREA RICHARDS, Defendants : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law : NO. 03-2014 CIVIL TERM : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, ROMEO LIO and MARIA L. LIO, by and through their attorneys, SCHMIDT, RONCA 8v KRAMER, P.C., and respectfully set forth as follows: 1. Plaintiffs Romeo Lio and Maria L. Lio are adult individuals and husband and wife currently residing at 3224 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant Mark Figueroa is an adult individual currently residing at 1139 Mulberry Street, Apt. 303, Harrisburg, Dauphin County, Pennsylvania, 17109. 3. Andrea Richards is an adult individual currently residing at 4241 King George Drive, Apartment C, Harrisburg, Dauphin County, Pennsylvania, 17109. 4. The facts and occurrences hereinafter took place on or about June 4, 2001 at 9:51 p.m. on Interstate 83 northbound in Cumberland County .5 miles south of Harrisburg. 5. At the aforementioned place and time, Plaintiff Romeo Lio was driving a 1987 Dodge Dakota truck in the center lane of Interstate 83 with Plaintiff Maria L. Lio, a passenger. 6. At the aforementioned time and place, Defendant, Mark Figueroa was driving a 1996 Honda Civic, owned by defendant Andrea Richards, in the left lane of Interstate 83. 7. The side impact collision occurred when Defendant Mark Figueroa passed the Plaintiffs and left his lane of travel, veering into the center lane and into the car occupied by the Plaintiffs. 8. The collision between the vehicles caused injuries to the Plaintiffs set forth below. COUNT I MARIA L. LIO v. MARK FIGUEROA NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused by the negligence and carelessness of Defendant Mark Figueroa and was in no way caused or contributed to by Plaintiff, Maria L. Lio. 11. The negligence and carelessness of Defendant Mark Figueroa consisted of the following: a. inattentiveness; b. failing to have his vehicle under proper and adequate control; C. failing to apply his brakes in time to avoid the collision with the Lio vehicle; d. negligently applying the brakes; e. failing to observe the Lio vehicle lawfully on the highway; f. operating his vehicle at an excessive rate of speed under the circumstances; g, violating the assured clear distance rule; h. failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; i. failing to keep a reasonable lookout for other vehicles lawfully on the roadway; j. operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; k. otherwise operating said vehicle in a manner violating the motor Vehicle Code of the Commonwealth of Pennsylvania for driving too fast for conditions. 12. As a direct and proximate result of the accident, Plaintiff Maria L. Lio suffered injuries which may have been aggravated, exacerbated, severe and permanent which include, but are not limited to, the following: a. back pain; b. bulging discs at L4-L5 and L5-S1; C. Disc herniation at L5-S1; d. lower back pain radiating to the left buttock and leg; C. sacroiliac joint tenderness; f. headaches; g. twitching left upper eyelid; and h. aggravation of previous head injuries. 13. As a direct and proximate result of the accident, Plaintiff, Maria L. Lio has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria L. Lio has been advised and, therefore avers, that the aforementioned injuries may be permanent in nature and effect and, thus a claim for these injuries is made. 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria L. Lio has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria L. Lio has been obliged to spend sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for theses losses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria L. Lio suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus a claim for these losses is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Maria L. Lio may have suffered a loss of earnings and an impairment of her earning power and capacity, and thus, a claim for these losses past and future is made. WHEREFORE, Plaintiff Maria L. Lio demands judgment on the Defendant, Mark Figueroa, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT II MARIA L. LIO v. ANDREA RICHARDS NEGLIGENT ENTRUSTMENT 19. Paragraphs 1 through 18 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 20. On or about June 4, 2001 Defendant Andrea Richards gave access and control of her black 1996 Honda Civic bearing Pennsylvania Registration Plate number DWY 3231 to Defendant Mark Figueroa. 21. On or about June 4, 2001 Defendant Andrea Richards knew or should have known that Defendant Mark Figueroa would operate her Honda Civic in an unsafe and careless manner based upon what may have been a previous driving record or his mental and physical state of mind at the time of the accident. 22. On or about June 4, 2001 Defendant Andrea Richards knew or should have known that Defendant Mark Figueroa would operate her Honda Civic in the negligent manner. 23. Despite the fact that Defendant Andrea Richards knew or should have known that Defendant Mark Figueroa would operate her car in an unsafe and careless manner, she entrusted him with her car. 24. On or about June 4, 2001 Defendant Andrea Richards had a duty of care not to entrust her car to those she knew or should have known would operate her car in an unsafe and careless manner. 25. On or about June 4, 2001, Defendant Andrea Richards was negligent as follows: a. Defendant Andrea Richards provided her vehicle, a 1996 Honda Civic, to Defendant Mark Figueroa at a time when Plaintiffs believe and aver that Defendant Richards knew, or should have known that Defendant Figueroa would operate her vehicle in an unsafe and careless manner; b. Defendant Andrea Richards observed Defendant Mark Figueroa and knew or should have known Defendant Mark Figueroa would operate her car in a careless and unsafe manner yet entrusted her vehicle to him, permitted him access to the keys to her vehicle and gave him permission to operate the vehicle. 26. As a direct and proximate result of the accident and negligence set forth above, Plaintiff Maria L. Lio suffered the injuries set forth above and are incorporated by reference as if set forth in full. 27. Plaintiff incorporates paragraphs 12 through 18 of this Complaint relating to damages as if set forth in full. WHEREFORE, Plaintiff Maria L. Lio demands judgment on the Defendant, Andrea Richards, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT III ROMEO LIO v. MARK FIGUEROA LOSS OF CONSORTIUM 28. Paragraphs 1 through 27 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 29. Plaintiff Romeo Lio has suffered from the loss of services and companionship and consortium of his wife, Maria L. Lio, as a result of the negligence of Defendant Mark Figueroa. WHEREFORE, Plaintiff Romeo Lio demands judgment on the Defendant, Mark Figueroa, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT IV ROMEO LIO V. ANDREA RICHARDS LOSS OF CONSORTIUM 30. Paragraphs 1 through 29 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 31. Plaintiff Romeo Lio has suffered from the loss of services and companionship and consortium of his wife, Maria Louisa Lio, as a result of the negligence of Defendant Andrea Richards. WHEREFORE, Plaintiff Romeo Lio demands judgment on the Defendant, Andrea Richards, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT V ROMEO LIO V. MARK FIGUEROA NEGL CE 32. Paragraphs 1 through 31 of the plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 33. The accident was caused by the negligence and carelessness of Defendant Mark Figueroa and was in no way caused or contributed to by Plaintiff, Romeo Lio. 34. The negligence and carelessness of Defendant Mark Figueroa consisted of the following: a. inattentiveness; b. failing to have his vehicle under proper and adequate control; C. failing to apply his brakes in time to avoid the collision with the Lio vehicle; d. negligently applying the brakes; C. failing to observe the Lio vehicle lawfully on the highway; f. operating his vehicle at an excessive rate of speed under the circumstances; g, violating the assured clear distance rule; h. failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; i. failing to keep a reasonable lookout for other vehicles lawfully on the roadway; j. operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; k. otherwise operating said vehicle in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania for driving too fast for conditions. 35. As a direct and proximate result of the accident, Plaintiff Romeo Lio suffered injuries which may have been aggravated, exacerbated, severe and/or permanent, which include, but are not limited to, the following: a. right leg pain; b. lumbar back pain with right radiculopathy; C. neck pain; d. aggravation of a pre-existing lumbar spine condition; e. numbness in the hands; and f. nerve damage. 36. As a direct and proximate result of the accident, Plaintiff, Romeo Lio has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus a claim for these expenses is made. 37. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Romeo Lio has been advised and, therefore avers, that the aforementioned injuries may be permanent in nature and effect and, thus a claim for these injuries is made. 38. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Romeo Lio has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 39. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Romeo Lio has been obliged to spend sums of money and to incur various expenses for the injuries that he has suffered, and may continue to incur the same in the future, and thus, a claim for theses losses is made. 40. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Romeo Lio suffered a permanent diminution of his ability to enjoy life and life's pleasures, and thus a claim for these losses is made. 41. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Romeo Lio may have suffered a loss of earnings and an impairment of his earning power and capacity, and thus, a claim for these losses past and future is made. WHEREFORE, Plaintiff Romeo Lio demands judgment on the Defendant, Mark Figueroa, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT VI ROMEO LIO v. ANDREA RICHARDS NEGLIGENT ENTRUSTMENT 42. Paragraphs 1 through 41 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 43. On or about June 4, 2001 Defendant Andrea Richards gave access and control of her black 1996 Honda Civic bearing Pennsylvania Registration Plate number DWY 3231 to Defendant Mark Figueroa. 44. On or about June 4, 2001 Defendant Andrea Richards knew or should have known that Defendant Mark Figueroa would operate her Honda Civic in an unsafe and careless manner based upon what may have been a previous driving record or his mental and physical state of mind at the time of the accident. 45. On or about June 4, 2001 Defendant Andrea Richards knew or should have known that Defendant Mark Figueroa would operate her Honda Civic in the negligent manner. 46. Despite the fact that Defendant Andrea Richards knew or should have known that Defendant Mark Figueroa would operate her car in an unsafe and careless manner, she entrusted him with her car. 47. On or about June 4, 2001 Defendant Andrea Richards had a duty of care not to entrust her car to those she knew or should have known would operate her car in an unsafe and careless manner. 48. On or about June 4, 2001, Defendant Andrea Richards was negligent as follows: a. Defendant Andrea Richards provided her vehicle, a 1996 Honda Civic, to Defendant Mark Figueroa at a time when Plaintiffs believe and aver that Defendant Richards knew, or should have known that Defendant Figueroa would operate her vehicle in an unsafe and careless manner; b. Defendant Andrea Richards observed Defendant Mark Figueroa and knew or should have known Defendant Mark Figueroa would operate her car in a careless and unsafe manner yet entrusted her vehicle to him, permitted him access to the keys to her vehicle and gave him permission to operate the vehicle. 49. As a direct and proximate result of the accident and negligence set forth above, Plaintiff Maria L. Lio suffered the injuries set forth above and are incorporated by reference as if set forth in full. 50. Plaintiff incorporates paragraphs 35 through 41 of this Complaint relating to damages as if set forth in full. WHEREFORE, Plaintiff Romeo Lio demands judgment on the Defendant, Andrea Richards, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT VII MARIA L. LIO v. MARK FIGUEROA LOSS OF CONSORTIUM 51. Paragraphs 1 through 50 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 52. Plaintiff Maria L. Lio has suffered from the loss of services and companionship and consortium of her husband, Romeo Lio, as a result of the negligence of Defendant Mark Figueroa. WHEREFORE, Plaintiff Maria L. Lio demands judgment on the Defendant, Mark Figueroa, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT VIII MARIA L. LIO v. ANDREA RICHARDS LOSS OF CONSORTIUM 53. Paragraphs 1 through 52 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 54. Plaintiff Maria L. Lio has suffered from the loss of services and companionship and consortium of her husband, Romeo Lio, as a result of the negligence of Defendant Andrea Richards. WHEREFORE, Plaintiff Maria L. Lio demands judgment on the Defendant, Andrea Richards, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration SCHMIDT, RONCA & KRAMER, P.C. By Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs VERIFICATION BASED UPON PERSONAL I, Maria L. Lio, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications made to authorities. DATE: Maria L. Lio VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Romeo Lio, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications made to authorities. DATE:07 --Q3 Romeo Lio ROMEO LIO and MARIA L. LIO, Husband and Wife, Plaintiffs V. MARK FIGUEROA and ANDREA RICHARDS, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Civil Action - Law NO. 03-2014 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 25th day of July, 2003, I, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Brian R. Sinnett, Esquire Nealon 8s Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 SCHMIDT, RONCA & KRAMER, P.C. BY: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 r? c: :: ?. =' -•,, Ti ?? `.: .J 1 .? ?'7 _n ?' <J ? ROMEO LIO and MARIA L. LIO, Husband and Wife, Plaintiffs V. MARK FIGUEROA and ANDREA RICHARDS, Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, pA Civil Action -Law No. 03-2014 CIVIL TERM 55. Paragraph 55 is not directed towards answering Plaintiffs and no response is required. 56. Paragraphs 56 of the Defendant's New Matter is a conclusion of law to which no response is required. By way of further answer, if a responsive pleading is deemed required, the averments in Paragraph 56 are denied and strict proof is demanded thereof from the Defendant. WHEREFORE, the Plaintiffs respectfully request judgment in their favor together with interest and costs. Respectfully submitted, SCHMIDT, RONCA & KRAMER P.C. By: Scott B. Cooper, Esquir- I.D. # 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs ATTORNEY VERIFICATION I, Scott B. Cooper, Esquire, verify that I am attorney of record for the Plaintiffs. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Respectfully submitted, SCHMIDT, RONCA & KRAMER p,C By: Scott B. Cooper, Esqu I.D. # 70242 209 State Street: Harrisburg, PA 17101 Date: 1(--2v10-7 (717) 232-6300 Attorney for Plaintiffs ROMEO LIO and MARIA L. LIO, Husband and Wife, Plaintiffs V. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Civil Action - Law NO. 03-2014 CIVIL TERM MARK FIGUEROA and ANDREA : JURY TRIAL DEMANDED RICHARDS, Defendants CERTIFICATE OF SERVICE AND NOW, this 21st day of August, 2003, I, Shawn T. Peterson, hereby certify that I have this day served a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Brian R. Sinnett, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 SCHMIDT, RONCA & KRAMER, P.C. BY: Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 gjj?i ` m CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROMEO LIO AND MARIA LIO, H/W -v5- MARK FIGUEROA AND ANDREA RICHARDS COURT OF COMMON PLEAS TERM, CASE NO: 03-2014-CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/19/2005 ?MCS on behalf o /S; MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-573512 1 3 1 3 9- L 0 1 COMMONWEALTH O F P ENN;S YLVAN SA COUNTY OF CLIMB E7E2LAND IN THE MATTER OF: COURT OF COMMON PLEAS ROMEO LIO AND MARIA LIO, H/W TERM, -VS- CASE NO: 03-2014-CIVIL MARK FIGUEROA AND ANDREA RICHARDS TO SERVE HEALTHSOUTH MEDICAL RECORDS & XRAYS MOFFITT,PEASE & LIM ASSOCIATES MEDICAL RECORDS & XRAYS GEORGE HARHIGH, D.O_ MEDICAL RECORDS & XRAYS TO: SCOTT B. COOPER, ESQ., PLAINTIFF COUNSEL MCS on behalf of MICHAEL FERGUSON, ESQ. 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: 06/29/2005 CC: MICHAEL FERGUSON, ESQ. - 03-386 PATRICIA ROFFMAN - MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305023 3-33-3-9-C70--2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROMEO LIO AND MARIA LIO, HJW VS. MARK FIGUEROA AND ANDREA RICHARDS File No. 03-2014CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE, 4009.22 TO: Custodian of Records for HEALTHSOUTH (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON, ESQ. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 02 yOVS -T ' Seal of the Court BY THE COURT- onotary/Cler , Cid Div' on De t (2 AUJ . 13139-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH 4905 E. TRINDLE ROAD MECHANICSBURG, PA RE: 13139 ROMEO LIO Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDE DIAGNOSTIC FILMS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROMEO LID 3224 MARKET ST., CAMP HILL, PA 17011 Social Security #: 184-48-9131 Date of Birth: 07-07-1955 SLT10-571698 1-3 a-3 9-T,0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROMEO LIO AND MARIA LIO, H/W -Vs- MARK FIGUEROA AND ANDREA RICHARDS COURT OF COMMON PLEAS TERM, CASE NO: 03-2014-CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/19/2005 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-573513 1 3 1 3 9- L 02 COMMON'WEALTPI OF' PENNSYLVAN=A COL7IVTY OF CLTM13E:RLAN1D IN THE MATTER OF: COURT OF COMMON PLEAS ROMEO LTC AND MARIA LIO, H/W TERM, -VS- CASE NO: 03-2014-CIVIL MARK FIGUEROA AND ANDREA RICHARDS OF INTENT TO SERVE A SUBPOENA TO HEALT14SOUTH MEDICAL RECORDS & XRAYS MOFFITT,PEASE & LIM ASSOCIATES MEDICAL RECORDS & XRAYS GEORGE HARHIGH, D.O. MEDICAL RECORDS & XRAYS TO: SCOTT B. COOPER, ESQ_, PLAINTIFF COUNSEL MCS on behalf of MICHAEL FERGUSON, ESQ. 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 Dr by contacting our local MCS office. DATE: 06/29/2005 CC: MICHAEL FERGUSON, ESQ. - 03-386 PATRICIA ROFFMAN - MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305023 1 3 3- 3 9- C 0 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROMEO LIO AND MARIA LIO, H/W VS. MARK FIGUEROA AND ANDREA RICHARDS File No. _ 03-2014CNIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MOFFITT.P .AS . & IM ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun. hie., 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON, ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: (ill( , , -2 M nLUrJS Seal of the Court BY THE COURT' Prothonotary/Clerk, Civ 1 Divis' n Deput 13139-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOFFITT,PEASE & LIM ASSOCIATES 1000 NORTH FRONT STREET WORMLEYSBURG, PA 17043 RE: 13139 ROMEO LIO Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDE DIAGNOSTIC FILMS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROMEO LIO 3224 MARKET ST., CAMP HILL, PA 17011 Social Security #: 184-48-9131 Date of Birth: 07-07-1955 SIJ10-571700 1 3 1 3 9- 1, 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUHPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROMEO LIO AND MARIA LIO, H/W -v5- MARK FIGUEROA AND ANDREA RICHARDS COURT OF COMMON PLEAS TERM, CASE NO: 03-2014-CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/19/2005 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-573514 1 3 1 3 9- L 0-3 COMMONWEALTH O F PENNS YLVAN SA COUNTY (Z)F1 CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROMEO LIO AND MARIA LIO, H/W TERM, -VS- CASE NO: 03-2014-CIVIL MARK FIGUEROA AND ANDREA RICHARDS HEALTHSOUTH MEDICAL RECORDS & )RAYS MOFFITT,PEASE & LIM ASSOCIATES MEDICAL RECORDS & XRAYS GEORGE HARHIGH, D.O. MEDICAL RECORDS & )[RAYS TO: SCOTT B. COOPER, ESQ., PLAINTIFF COUNSEL MCS on behalf of MICHAEL FERGUSON, ESQ. 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: 06/29/2005 CC: MICHAEL FERGUSON, ESQ. - 03-386 PATRICIA HOFFMAN - MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE:02-305023 13 13 9 -C70.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROMEO LIO AND MARIA LIO, H/W VS. MARK FIGUEROA AND ANDREA RICHARDS File No. 03-2014CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULF 4009.22 TO: Custodian of Records for GEORGE ARHI H. D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GrmW- Inc.. 1601 Market Street, Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON, ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: _ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ?_C1 2oD? Seal of the Court BY HE O -j JA L'?ye r onotary,Clerk, Ci it ivis' Dept ?- 13139-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GEORGE HARHIGH, D.O. 25 SOUTH 35TH STREET CAMP HILL, PA 17011 RE: 13139 ROMEO LIO Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDE DIAGNOSTIC FILMS Entire medical, billing, and diagnostic file, including but not lurdted to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic :Form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROMEO LIO 3224 MARKET ST., CAMP HILL, PA 17011 Social Security #: 184-48-9131 Date of Birth: 07-07-1955 St710-571702 a-3 13 9- L O 3 C'i c`? O G? .. (`? J '.3 _tZ l S__ il( (- r`? _ ?f L1 ?? _? ?? ) -1 `1 _': - J -Tit n? n CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROMEO LIO AND MARIA LIO, H/W -v5- MARK FIGUEROA AND ANDREA RICHARDS TERM, CUMBERLAND CASE NO: 03-2014-CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. _ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/02/2005 COURT OF COMMON PLEAS MICHAEL FERGUSONf ES f - Attorney for DEFENDANT DE11-592414 1 3 1 3 9- L 0 4 C O M M O N W E A L T H OF P E NN S Y L,VANS A COUNTY OF C UM B E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS ROMEO LIO AND MARIA LID, H/W TERM, -VS- CASE NO: 03-2014-CIVIL MARK FIGUEROA AND ANDREA RICHARDS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. WILLIAM J. BEUTLER MEDICAL RECORDS & XRAYS TO: SCOTT B. COOPER, ESQ., PLAINTIFF COUNSEL MCS on behalf of MICHAEL FERGUSON, ESQ. 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: 10/13/2005 CC: MICHAEL FERGUSON, ESQ. - 03-386 PATRICIA HOFFMAN - Any questions regarding this matter, contact MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-314764 1 3 1 3 9- C 0 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROMEO LIO AND MARIA LIO, H W vs. MARK FIGUEROA AND ANDREA RICHARDS File No. 03-2014-CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. WILLIAM J. BEUTLER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Lnc 1601 Market Street, Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL FERGUSON, ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant B4TH COURTPtary C ,Civil ivision __ IT / t Deputy Date: C? JGo ? Seal of the Court 13139-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. WILLIAM J. BEUTLER 805 SIR THOMAS COURT HARRISBURG, PA 17109 RE: 13139 ROMEO LIO Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING DIAGNOSTIC FILMS. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROMEO LID 3224 MARKET ST., CAMP HILL, PA 17011 Social Security #: 184-48-9131 Date of Birth: 07-07-1955 SU10-586964 1 3 1 3 9- L 0 4 C) ? CJ -1 rn t ? 47- Curtis R. Long Prothonotary (OfflLE of the i9rotbonotarp . Cumberrantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 1)3 - ?otq CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573