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HomeMy WebLinkAbout07-3527IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs Docket No.: 67-3,52-7 V. Civil Action - Law WILLIAMS GROVE, INC. d/b/a WILLIAMS GROVE SPEEDWAY Defendant Jury Trial Demanded NOTICE 6-U t., C-?Jlvi 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 defense 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 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(s). 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia excrita o en persona o por abogado y archivar en la corte an forma escrita sus defensas o sus objectiones a las 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 o notificacion y por cualquier queja o alivio que es predido en la peticion de demanda. Usted puede perder dinero o sus propriendades o stros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABROGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONCO A LA OFICINA CUYA DIRECCION SE ENCUENTRA EXCRITA ABAJO PARA AVERIGUAR DONDE SE PAUEDE CONSEQUIR ASSISTANCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs Docket No.: 7 - Plaintiffs 7 V. Civil Action - Law WILLIAMS GROVE, INC. d/b/a WILLIAMS GROVE SPEEDWAY Defendant Jury Trial Demanded COMPLAINT et U- V?T&Z,-V, AND NOW, come the Plaintiffs, William Shepard and Barbara Shepard, by and through their attorneys, Cipriani & Werner, and file this Complaint and, in support thereof, aver as follows: 1. Plaintiff, William Shepard, is an adult individual who resides at 2990 Mercer - West Middlesex Road, West Middlesex, Pennsylvania, 16159. 2. Plaintiff, Barbara Shepard, is married to Plaintiff, William Shepard, and also resides at 2990 Mercer - West Middlesex Road, West Middlesex, Pennsylvania, 16159. 3. Defendant, Williams Grove, Inc. d/b/a Williams Grove Speedway, is a corporation authorized to conduct business in the Commonwealth of Pennsylvania with an office address of 1 Speedway Drive, Mechanicsburg, Pennsylvania, 17055. 4. Defendant, Williams Grove, Inc., owns, operates, manages, possesses, maintains and/or controls the Williams Grove Speedway, a half-mile sprit car dirt track at which Defendant, Williams Grove, Inc., regularly presents, promotes, sanctions, and/or conducts races which are held opened to the public for an admission fee. 5. At all times relevant hereto, Defendant, Williams Grove, Inc., owned, operated, possessed, controlled, maintained and/or was otherwise responsible for the Williams Grove Speedway, including the grandstands and steps leading into and out of the seating areas in the backstretch grandstands. 6. At all times relevant hereto, Defendant, Williams Grove, Inc., held the Williams Grove Speedway open for use by paying members of the public to watch dirt track racing events, including Plaintiff, Mr. Shepard. 7. At all times relevant hereto, Defendant, Williams Grove, Inc., had a duty to construct, inspect, and maintain, the grandstands and steps leading into and out of the seating areas in the backstretch grandstands in a safe condition or to warn those using the grandstands of dangerous and/or defective conditions on or about the grandstand steps. 8. On July 21, 2005, Plaintiff, Mr. Shepard, was charged admission and was lawfully on the premises of the Williams Grove Speedway as a spectator of the racing events held that day. 9. During the evening of July 21, 2005, Plaintiff, Mr. Shepard, was lawfully seated with the permission and consent of Defendant, Williams Grove, Inc., in the backstretch grandstands in or around the area known as "Section B". 10. At the conclusion of the racing events that evening, Plaintiff, Mr. Shepard, exited his seat and began walking down the grandstand steps when he was caused to slip and fall as a result of a defective condition of steps, set forth in detail below, and sustained significant injuries to his left knee. 11. On and before July 21, 2005, the aforementioned grandstand steps were in a state of disrepair and without adequate slip resistance. 12. On and before July 21, 2005, Defendant, Williams Grove, Inc., knew or should have known of the defects in the grandstand steps and had a duty to inspect, maintain, warn, remedy, repair, and/or eliminate the defects and failed to do so prior to the slip and fall of Plaintiff, Mr. Shepard. 13. On and before July 21, 2005, Defendant, Williams Grove, Inc., had actual and/or constructive notice of the defects in the grandstand steps and failed to correct the defects within a reasonable period of time and prior to the slip and fall of Plaintiff, Mr. Shepard. COUNT I - NEGLIGENCE WILLIAM SHEPHARD v. WILLIAMS GROVE, INC. 14. Plaintiff, Mr. Shepard, incorporates paragraphs 1 through 13 above as if fully set forth herein at length. 15. Plaintiff, Mr. Shepard, believes and, therefore, avers that his injuries and damages, as set forth more fully below, are the direct and proximate result of the negligence, carelessness and recklessness of Defendant, Williams Grove, Inc., as follows: (a.) Allowing a slippery condition to exist on the steps; (b.) Failing to provide or install adequate traction upon the steps; (c.) Failing to install or utilize a slip resistant surface; (d.) Failing to provide or apply antiskid materials so as to prevent a slippery condition; (e.) Failing to properly paint the steps; (f.) Failing to provide for the adequate drainage of water; (g.) Failing to adequately inspect the steps; (h.) Failing to properly maintain the steps; (i.) Failing to repair the steps; (j.) Failing to replace the steps; (k.) Allowing the steps to deteriorate into a dilapidated state; (1.) Constructing the steps out of wood; (m.) Constructing the steps with a deficient and inadequate rise and landing; (n.) Constructing the steps with an inconsistent rise and landing; (o.) Violating building codes regarding the height and width of the rise and landing; (p.) Failing to provide a handrail for those walking down the steps; (q.) Failing to provide an adequate handrail for those walking down the steps; (r.) Failing to properly light the steps; (s.) Failing to warn Plaintiff, Mr. Shepard, of the aforementioned defective conditions of the steps; (t.) Permitting the steps to remain in an unsafe, unsuitable and dangerous condition despite knowledge of the aforementioned defects; and, (u.) Failing to correct, remedy, repair and/or eliminate the dangerous condition. 16. As a result of the negligence of Defendant, Williams Grove, Inc., its agents, servants, and/or employees, Plaintiff, Mr. Shepard, has sustained serious injury to his left knee, including, but not limited to, a left quadriceps tendon tear and subsequent surgical repair. 17. As a result of the negligence of Defendant, Williams Grove, Inc., Plaintiff, Mr. Shepard, experienced pain, suffering, disability, medical expenses for treatment of his left knee, extended period of economic loss due to his inability to work, and permanent deficit in the function of his left knee. 18. As a result of the negligence of Defendant, Williams Grove, Inc., Plaintiff, Mr. Shepard, has incurred substantial medical and out of pocket expenses and will continue to incur medical expenses in the future, and a claim is made therefore. 19. As a result of the negligence of Defendant, Williams Grove, Inc., Plaintiff, Mr. Shepard, has suffered a loss of earnings and a loss of earning capacity, and a claim is made therefore. 20. As a further result of the negligence of Defendant, Williams Grove, Inc., Plaintiff, Mr. Shepard, has undergone and will in the future, undergo great mental and physical pain and suffering, great inconvenience and inability to carry out his daily activities, great embarrassment and humiliation, and a loss of life's pleasures and enjoyment, and a claim is made therefore. WHEREFORE, Plaintiff, William Shepard, demands judgment in his favor and against Defendant, Williams Grove, Inc., in an amount in excess of the jurisdictional limits for arbitration, exclusive of interest and costs. COUNT III - LOSS OF CONSORTIUM BARBARA SHEPARD v. WILLIAMS GROVE, INC. 21. Plaintiff, Barbara Shepard, incorporates paragraphs 1 through 20 above as if fully set forth herein at length. 22. At all times relevant hereto, Plaintiff, Mrs. Shepard, was married to Plaintiff, Mr. Shepard. 23. As a result of the negligence of Defendant, Williams Grove, Inc., Plaintiff, Mrs. Shepard, has been deprived of the society, companionship, contributions, and consortium of her husband, Plaintiff, Mr. Shepard, to her great detriment and loss. 24. As a result of the negligence of Defendant, Williams Grove, Inc., Plaintiff, Mrs. Shepard, has suffered a disruption in her daily habits and pursuits and has a loss of enjoyment of life. WHEREFORE, Plaintiff, Barbara Shepard, demands judgment in her favor and against Defendant, Williams Grove, Inc., in an amount in excess of the jurisdictional limits for arbitration and exclusive of interest and costs. Date: ®c' -- ( q' BY: Respectfully Submitted, CIPRIANI & WERNER DENNIS J. BONETTI, Attorney I.D. #34329 ADAM L. SEIFERTH, Attorney I.D. #89073 1011 Mumma Road Lemoyne, PA 17043 UIRE COUNSEL FOR THE PLAINTIFFS VERIFICATION I hereby affirm that the following facts are correct: I am a Plaintiff in the foregoing action. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: Barbara Shepard i VERIFICATION I hereby affirm that the following facts are correct: I am a Plaintiff in the foregoing action. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: A _YJ William Shepard a 00, M 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION William Shepard and Barbara Shepard, CASE NUMBER: husband and wife, l? ISSUE NUMBER: Plaintiffs V. PLEADING: Williams Grove, Inc. d/b/a Williams Grove NOTICE OF DEPOSITION Speedway, Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION William Shepard and Barbara Shepard, husband and wife, Plaintiff V. Williams Grove, Inc. d/b/a Williams Grove Speedway, Defendants CASE NO: NOTICE OF DEPOSITION BY DESIGNATION TO: Williams Grove, Inc. d/b/a Williams Grove Speedway 1 Speedway Drive Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. 4007.1, the deposition of one or more officers, directors, managing agents or other persons of Williams Grove, Inc., d/b/a Williams Grove Speedway will be taken before a Notary Public duly authorized by law to administer oaths on the 6th day of July, 2007 at 1:00 p.m.. Said deposition(s) will be held at the law offices of Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043. Williams Grove, Inc., d/b/a Williams Grove Speedway shall designate and fully prepare one or more officers, directors, managing agents or other persons with the most knowledge concerning the following designated matters: Ownership, maintenance and control of the Williams Grove Speedway on or about July 21, 2005. M ? The designated witness(s) shall bring with them any and all documents relating to ownership, maintenance and control of the Williams Grove Speedway on or about July 21, 2005. THE SCOPE and purpose of the deposition is to inquire into the facts, causes and results of the incident complained of in the within case, including the identity and whereabouts of witnesses, damages, and any and all relevant matters. The oral examination will continue from business day to business day until completed. Respectfully submitted, BY A JURY TRIAL IS DEMANDED CIPRIANI & WERNER, P.C. DENNIS J' BONET , E ADAM L. SEIFER , E Attorney for the PLA _ ( T - Qi _ ^7 . ? Ji DUGAN, BRINKMANN, MAGINNIS AND PACE BY: SAMUEL J. PACE, JR., ESQUIRE ATTORNEY ID # 30138 STEVEN J. PAYNE, ESQUIRE ATTORNEY ID #90816 1880 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 Counsel for Defendant, Boundless Motor Sports racing, Inc. (215) 563-3500 WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 07-3527 civil WILLIAMS GROVE, INC. d/b/a WILLIAMS GROVE SPEEDWAY Defendants Jury Trial Demanded ENTRY OF APPEARANCE TO THE PROTHONOTARY: KINDLY enter our appearances on behalf of the Defendant, Williams Grove, Inc. d/b/a Williams Grove Speedway, in the above-captioned matter. UGAN, BRINKM ",A INNIS AND PACE BY: BY: Steven?. Payne, Es Ire Sam el J. Pace, Jr., Esquire Dated: July 5, 2007 DUGAN, BRINKMANN, MAGINNIS AND PACE BY: SAMUEL J. PACE, JR., ESQUIRE ATTORNEY ID # 30138 STEVEN J. PAYNE, ESQUIRE ATTORNEY ID #90816 1880 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 Counsel for Defendant, Boundless Motor Sports racing, Inc. (215) 563-3500 WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WILLIAMS GROVE, INC. d/b/a WILLIAMS GROVE SPEEDWAY Defendants Docket No. 07-3527 civil Jury Trial Demanded CERTIFICATE OF SERVICE Samuel J. Pace, Jr., Esquire hereby certifies that he caused a copy of the Entry of Appearance to be forwarded to all counsel of record by First Class Mail, postage pre-paid, as required by the appropriate rules on July 5, 2007 addressed as follows: Dennis J. Bonetti, Esquire Adam L. Seiferth, Esquire 1011 Mumma Road Lemoyne, PA 17043 Samuel J. Pace, Jr., Esquire -s ?-Y ' t YOU ARE HEREBY NQ T( TO THE ENCLOSED WITHIN TW TY 2Q) DAY DUGAN, BRINKMANN, MAGINNIS AND PACE TH MIV OR BY: SAMUEL J. PACE, JR., ESQUIRE waO>wE MAY BE E AGANVS OU. STEVEN J. PAYNE, ESQUIRE ATTORNEY ID # 30138; 90816 1880 John F. Kennedy Boulevard, le Fl. =De -D e?Philadelphia, PA 19103 Counsent. J (215) 563-3500 William Shepard and Barbara Shepard, h/w, Plaintiffs, VS. Williams Grove, Inc. d/b/a Williams Grove Speedway Defendants. Court of Common Pleas Cumberland County Docket No. 07-3527 Civil Jury Trial Demanded ANSWER OF DEFENDANT WILLIAMS GROVE, INC. d/b/a WILLIAMS GROVE SPEEDWAY TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Defendant, Williams Grove, Inc., d/b/a Williams Grove Speedway, by and through its attorneys, Dugan, Brinkmann, Maginnis and Pace, by way of answer to Plaintiffs' Complaint, avers as follows: 1. Denied. Defendant is without knowledge or information sufficient to form. a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 2. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as a conclusion of law to which no response is required. t .. 8. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 9. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 10. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 11. Denied as a conclusion of law to which no response is required. By way of further answer, it is specifically denied that the grandstand steps were in a state of disrepair and without adequate slip resistance. 12. Denied. It is denied that defendant knew or should have known of any defects in the grandstand steps. The remaining averments of this paragraph are denied as conclusions of law, to which no response is required. 13. Denied. Defendant had no actual and/or constructive notice of any defect the grandstand steps. COUNT I - NEGLIGENCE WILLIAM SHEPHARD V. WILLIAMS GROVE, INC. 14. Defendant incorporates by reference the answers to paragraphs I through 13 above, as though fully set forth herein at length. 15. Denied. It is specifically denied that plaintiff's injuries and damages, if any, were caused by the negligence, carelessness or recklessness of defendant, Williams Grove, Inc. The specific allegations of this paragraph are denied as follows: a. It is denied that defendant allowed a slippery condition to exist on the steps; b. It is denied that the traction of the steps was inadequate; C. It is denied that defendant is negligent for failing to install or utilize a slip resistant surface; A. d. It is denied that defendant is negligent for failing to provide or apply anti- skid materials; e. It is denied that defendant failed to properly paint the steps; f. It is denied that defendant failed to provide for the adequate drainage of water; g. It is denied that defendant failed to adequately inspect the steps; h. It is denied that defendant failed to properly maintain the steps; i. It is denied that the steps were in need of repair; j. It is denied that defendant is negligent for failing to replace the steps; k. It is denied that defendant allowed the steps to deteriorate into a dilapidated state; 1. It is denied that defendant is negligent for having steps constructed out of wood; in. It is denied that the steps were constructed with a deficient and inadequate rise and landing; n. It is denied that defendant had steps constructed with an inconsistent rise and landing; o. It is denied that defendant violated building codes regarding the height and width of the rise and landing; p. It is denied that defendant is negligent for failing to provide a handrail for those walking down the steps; q. It is denied that answering defendant failed to provide an adequate handrail for those walking down the steps; r. It is denied that defendant failed to properly light the steps; S. It is denied that the steps had any defective condition requiring warnings. t. It is denied that defendant permitted the steps to remain in an unsafe, unsuitable and dangerous condition; and U. It is denied that defendant failed to correct, remedy, and/or repair any dangerous condition; 16. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 17. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial 18. Denied. Defendant is without knowledge or information sufficient to fora a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 19. Denied. Defendant is without knowledge or information sufficient to forth a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 20. Denied. Defendant is without knowledge or information sufficient to forth a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof; thereof required at trial. WHEREFORE, defendant, Williams Grove, Inc. d/b/a Williams Grove Speedway!, demands judgment in its favor, together with costs of suit and reasonable attorney's fees. COUNT III - LOSS OF CONSORTIUM BARBARA SHEPARD V. WILLIAMS GROVE, INC. 21. Defendant incorporates by reference the answers to paragraphs 1 through 20 above, as though fully set forth herein at length. 22. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 23. Denied. Defendant is without knowledge or information sufficient to form) a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. 24. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted, and same is therefore denied, with strict proof thereof required at trial. WHEREFORE, defendant, Williams Grove, Inc. d/b/a Williams Grove Speedway demands judgment in its favor, together with costs of suit and reasonable attorney's feesl,? NEW MATTER 25. Defendant incorporates by reference the answers to paragraphs I through 124 above, as though fully set forth herein at length. 26. Plaintiffs' Complaint fails to set forth a cause of action on which relief may be granted. 27. Plaintiffs' cause of action may be barred by the applicable statute of limitations. 28. The alleged injuries and damages complained of by plaintiff, if they are p?oven at trial, may have been caused in whole or in part, by the conduct of plaintiff in encounteripg the risk, which was or should have been obvious to him and therefore, recovery by the plaintiff is barred by the doctrine of assumption of the risk. 29. The alleged injuries and damages complained of by plaintiff, if they are proven at trial, may have been caused, in whole or in part, by the negligence of others, over whom answering defendant had no control, or for whom answering defendant is not responsible and, therefore, any recovery on the part of the plaintiff against answering defendant is barred. li 30. Answering defendant, Williams Grove, Inc. d/b/a Williams Grove Speedway, exercised reasonable and prudent care with respect to the operation of the Williams Grove Speedway, and was at no time negligent, careless and/or reckless. 31. Plaintiff has failed to mitigate his damages. 32. Plaintiff's injuries and/or damages were not proximately caused by any act, or failure to act, of answering defendant. 33. Plaintiff did not suffer any injuries as a result of the incident occurring on or about the date alleged in Plaintiffs' Complaint. 34. Plaintiffs' claims are barred and/or must be reduced in proportion to the of negligence attributable to the plaintiff in accordance with the Pennsylvania Negligence Act. 35. Plaintiff failed to provide a proper and timely notice of his alleged acciden? to defendant. 36. The incident alleged in Plaintiffs' Complaint did not occur. WHEREFORE, defendant, Williams Grove, Inc. d/b/a Williams Grove Speedway demands judgment in its favor, together with costs of suit and reasonable attorney's fees DUGAN, B ANN, IS AND PACE SAMUEL J. PA E, JR., ESQUIR`` STEVEN J. PA E, ESQUIRE ? ATTORNEYS FOR DEFENDANT Dated: July J-71 2007 JUL-18-2007 10:14A FROM:WILLIAMS GROVE SPEED 17177957216 TO:12155635610 P.1 VERIFICATION Justin Loh, General Manager of Williams Grove, Inc. d/b/a Williams Grove Speedway, hereby avers that the statements contained in the foregoing Answer to Plaintiffs' Comolaint With New Matter are true and correct to the best of his knowledge, information and belief, and that said statements are made subject to the penalties o 18 Pa. C.S. §4904 relating to Ur sworn falsifications to authorities. - Dated: Q_ Justin Loh,General Manager of Will Inc. d/b/a r lliams Grove Speedway ? n.? -_: -•J -? r J ; ? - ' '.:...? TY ? .? SHERIFF'S RETURN - REGULAR CASE NO: 2007-03527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEPARD WILLIAM ET AL VS WILLIAMS GROVE INC D/B/A WILLI MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILLIAMS GROVE INC D/B/A WILLIAMS GROVE SPEEDWAY the DEFENDANT , at 1512:00 HOURS, on the 22nd day of June , 2007 at 1 SPEEDWAY DRIVE MECHANICSBURG, PA 17055 SALLY LOH, ADULT IN CHARGE by handing to a true and attested copy of COMPLAINT & NOTICE NOTICE OF DEPOSITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge G v lea /a? ? Sworn and Subscibed to before me this So Answers: 18.00 8.64 " 41 10.00 R. Thomas Kline .00 37.05 06/25/2007 CIPRIANI & WERNER By. `?e? day Deputy Sh riff of , A. D. IN THE WILLIAM SHEPARD and BAl SHEPARD, husband and wife, Plaintiffs V. WILLIAMS GROVE, INC. d/b/2 WILLIAMS GROVE SPEEDWI Defendant AND NOW, come the and through their attorneys, C. support thereof, ever as follows: 25. Plaintiffs though fully set forth herein at r OF COMMON PLEAS OF COUNTY PENNSYLVANIA Docket No.: 07-3527 Civil Term Civil Action - Law Jury Trial Demanded William Shepard and Barbara Shepard ("Plaintiffs"), by & Werner, and file this Reply to New Matter and, in by reference paragraphs 1 through 24 of their Complaint as i in response to paragraph 25 of Defendant's New Matter. 26. Denied. Plaintiffs are advised by counsel and therefore aver that the allegations contained in paragraph 26 of Defendant's New Matter state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 26 are denied pursuant t Pa.R.C.P. 1029(e). 27. Denied. Plaintiffs a advised by counsel and therefore aver that the allegations contained in paragraph 27 of De endant's New Matter state conclusions of law to which no answer is required. To the extent ?that a further answer is required, the averments contained in paragraph 27 are denied pursuant to Pa.R.C.P. 1029(e). 28. Denied. Plaintiffs are advised by counsel and therefore aver that the allegations contained in paragraph 28 of Def'endant's New Matter state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 28 are denied pursuant to Pa.R.C.P. 1029(e). 29. Denied. Plaintiffs) are advised by counsel and therefore aver that the allegations contained in paragraph 29 of D fendant's New Matter state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 29 are denied pursuant to Pa.R.C.P. 1029(e). 30. Denied. Plaintiffs are advised by counsel and therefore aver that the allegations contained in paragraph 30 of Defendant's New Matter state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 30 are denied pursuant 0 Pa.R.C.P. 1029(e). 31. Denied. Plaintiffs are advised by counsel and therefore aver that the allegations contained in paragraph 31 of Defendant's New Matter state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 31 are denied pursuant t Pa.R.C.P. 1029(e). 32. Denied. Plaintiffs a advised by counsel and therefore aver that the allegations contained in paragraph 32 of De endant9s New Matter state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 32 are denied pursuant to Pa.R.C.P. 1029(e). 33. Denied. It is specincally denied that Plaintiff, Mr. Shepard, did not suffer any injuries as a result of the incident. To the contrary, Plaintiff, Mr. Shepard, sustained a serious injury to his left knee, includingJier not limited to, a left quadriceps tendon tear and subsequent surgical repair. By way of answer, the averments contained in paragraph 33 of Defendant's New Matter are denpursuant to Pa.R.C.P. 1029(e). 34. Denied. Plaintiffs a advised by counsel and therefore aver that the allegations contained in paragraph 34 of Def ndant's New Matter state conclusions of law to which no i answer is required. To the extent that a further answer is required, the averments contained in paragraph 34 are denied pursuant to Pa.R.C.P. 1029(e). 35. Denied. Plaintiffs are advised by counsel and therefore aver that the allegations contained in paragraph 35 of D fendant's New Matter state conclusions of law to which no answer is required. To the exten that a further answer is required, the averments contained in paragraph 35 are denied pursuant o Pa.R.C.P. 1029(e). 36. Denied. Plaintiffs are advised by counsel and therefore aver that the allegations contained in paragraph 36 of Defendant's New Matter state conclusions of law to which no answer is required. To the exten that a further answer is required, the averments contained in paragraph 36 are denied pursuant Pa.R.C.P. 1029(e). WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant, Williams Grove, Inc., in an amo t in excess of the jurisdictional limits for arbitration, exclusive of interest and costs. BY: Date: 0 t Respectfully Submitted, CIPRIANI & WERNER DENNIS J. BONE'I TI, S Attorney I.D. #34329 ADAM L. SEIFERT ES IRE Attorney I.D. #89073 1011 Mumma Road Lemoyne, PA 17043 COUNSEL FOR THE PLAINTIFFS VERIFICATION I hereby affirm that the following facts are correct: I am a Plaintiff in the foregoing action. The attached Reply to New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this) lawsuit. The language of the Reply to New Matter is that of counsel and not of me. I have New Matter is based upon i the best of my knowledge, New Matter is that of counsel, I acknowledge that the facts set penalties of 18 Pa.C.S. 4904 Dated: the Reply to New Matter and to the extent that the Reply to which I have given to my counsel, it is true and correct to and belief. To the extent that the content of the Reply to relied upon counsel in making this verification. I hereby in the aforesaid Reply to New Matter is made subject to the to unsworn falsification to authorities. W'L 0, 9r, William Shepard ??. 6 ''. VERIFICATION I hereby affirm that the fol owing facts are correct: I am a Plaintiff in the fore oing action. The attached Reply to New Matter is based upon information which I have furnish d to my counsel and information which has been gathered by my counsel in preparation for thi lawsuit. The language of the Reply to New Matter is that of counsel and not of me. I have re d the Reply to New Matter and to the extent that the Reply to New Matter is based upon ii the best of my knowledge, i New Matter is that of counsel, I acknowledge that the facts set penalties of 18 Pa.C.S. 4904 rE ion which I have given to my counsel, it is true and correct to tion and belief. To the extent that the content of the Reply to eve relied upon counsel in making this verification. I hereby k in the aforesaid Reply to New Matter is made subject to the E to unsworn falsification to authorities. Dated: That counsel for the Plai tiffs, William Shepard and Barbara Shepard, hereby certifies that a true and correct copy of its PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, WILLIAMS GROVE, INC. has been served on all counsel of record, by first class ail, postage re-paid, acc ding to the Pennsylvania Rules of Civil Procedure, on the day of , 2007. Samuel J. Pace, Jr., Esquire Steven J. Payne, Esquire Dug , Brinkmann, Maginnis and Pace 1880 Jo F. Kennedy Boulevard, 14`h Floor Philadelphia, PA 19103 Date: BY: Respectfully Submitted, CIPRIANI & WERNER DENNIS J. BONETTI, Q Attorney I.D. #34329 ADAM L. SEIFERTH, IRE Attorney I.D. #89073 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 COUNSEL FOR THE PLAINTIFFS N_ " Fr. ; '77 =r; s=- rn CERTIFICATE ORIGINA1 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM SHEPARD, ET AL TERM, CUMBERLAND -VS- CASE NO: 07-3527 CV WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 STEVEN PAYNE, ESQ. Attorney for DEFENDANT R1.50S 118-H D811-0751140 73892-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CASE NO: 07-3527 CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GD LEASING OF INDIANA, INC. EMPLOYMENT ACORDIA NATIONAL INSURANCE INSURANCE GREAT WEST HEALTHCARE INSURANCE ANTHEM BLUE CROSS/BLUE SHIELD INSURANCE HEALTHCARE RECOVERIES INSURANCE TO: ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 MCS on behalf of CC: STEVEN PAYNE, ESQ. - 04491 Any questions regarding this matter, contact STEVEN PAYNE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.61 116-H DS02-0392958 73892-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM SHEPARD, ET AL vs. WILLIAMS GROVE, INC. File No. 07-3527 CV SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GD LEASING OF INDIANA, INC. (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, Pliladelphiia 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: STEVEN PAYNE. ES ADDRESS: 1880 JFK BLVD TELEPHONE: _ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ,t 'Cdr/ ;ZQCX? BY ''HE OURT. r thonotary/Clerk, Civil Divisio? P'l Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GD LEASING OF INDIANA, INC. D/B/A FALCON TRANSPORT 3035 LINWOOD DRIVE HERMITAGE, PA 16148 RE: 73892 WILLIAM C. SHEPARD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 01-01-1998 to the present. Subject : WILLIAM C. SHEPARD 2990 MER W. MIDDLESEX RD, WEST MIDDLESEX, PA 16159 Social Security #: XXX-XX-7273 Date of Birth: 03-10-1951 R1.505 118-H SU10-0731324 73892-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ' NA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM SHEPARD, ET AL TERM, CUMBERLAND -VS- CASE NO: 07-3527 CV WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 MCS on behalf of STEVEN PAYNE, ESQ. Attorney for DEFENDANT R1.50S 118-H DE11-0751141 73892-L02 .W COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CASE NO: 07-3527 CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GD LEASING OF INDIANA, INC. EMPLOYMENT ACORDIA NATIONAL INSURANCE INSURANCE GREAT WEST HEALTHCARE INSURANCE ANTHEM BLUE CROSS/BLUE SHIELD INSURANCE HEALTHCARE RECOVERIES INSURANCE TO: ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 MCS on behalf of CC: STEVEN PAYNE, ESQ. - 04491 Any questions regarding this matter, contact STEVEN PAYNE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.61 116-H nwn-1_naajacc 7?QO7_nnti COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM SHEPARD, ET AL VS. WILLIAMS GROVE, INC. : File No. 07-3527 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ACORDIA NATIONAL (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 GMW 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: STEVEN PAYNE. ES ADDRESS: 1880 JFK BLVD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 0&t. BY THE C URsorotfinotary/Clerk, T:Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ACORDIA NATIONAL INSURANCE 602 VIRGINIA STREET EAST CHARLESTON, WV 25331 RE: 73892 WILLIAM C. SHEPARD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. COMPANY/PLAN NUMBER 5541-01-M CLAIM NUMBER 6553 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiffs claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM C. SHEPARD 2990 MER W. MIDDLESEX RD, WEST MIDDLESEX, PA 16159 Social Security #: XXX-XX-7273 Date of Birth: 03-10-1951 Date of Loss: 07/21/2005 R1.50S 118-H SU10-0731326 73892-LO2 CERTIFICATE AL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM SHEPARD, ET AL TERM, CUMBERLAND -VS- CASE NO: 07-3527 CV WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY As a prerequisite to service of a subpoena for documents and things pursuant to Rule ,4009.22 MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 MCS on behalf of STEVEN PAYNE, ESQ. Attorney for DEFENDANT R1-50S 118-H DE11-0751142 73892-L03 COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CASE NO: 07-3527 CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GD LEASING OF INDIANA, INC. EMPLOYMENT ACORDIA NATIONAL INSURANCE INSURANCE GREAT WEST HEALTHCARE INSURANCE ANTHEM BLUE CROSS/BLUE SHIELD INSURANCE HEALTHCARE RECOVERIES INSURANCE TO: ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 MCS on behalf of CC: STEVEN PAYNE, ESQ. 04491 Any questions regarding this matter, contact R1.61 116-H STEVEN PAYNE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 D902-0392958 '7'1Qa'3-rn" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM SHEPARD, ET AL vs. WILLIAMS GROVE, INC. File No. 07-3527 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREAT WEST HEALTHCARE (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: STEVEN PAYNE. ES ADDRESS: 1880 JFK BLVD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: o? BY THE C 'It L URTNoronotary/Clerk, :Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREAT WEST HEALTHCARE 8515 E ORCHARD RD GREENWOOD VILLAGE, CO 80111 RE: 73892 WILLIAM C. SHEPARD Prior approval is required for :fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY NUMBER 174403632 GROUP NUMBER 5541 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiffs claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM C. SHEPARD 2990 MER W. MIDDLESEX RD, WEST MIDDLESEX, PA 16159 Social Security #: XXX-XX-7273 Date of Birth: 03-10-1951 Date of Loss: 07/21/2005 R1.50S 118-H SU10-0731328 73892-LO3 CERTIFICATE INNP 6 ' PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM SHEPARD, ET AL TERM, CUMBERLAND -VS- CASE NO: 07-3527 CV WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 STEVEN PAYNE, ESQ. Attorney for DEFENDANT R1.50S 118-H DE11-0751143 73892-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CASE NO: 07-3527 CV NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GD LEASING OF INDIANA, INC. EMPLOYMENT ACORDIA NATIONAL INSURANCE INSURANCE GREAT WEST HEALTHCARE INSURANCE ANTHEM BLUE CROSS/BLUE SHIELD INSURANCE HEALTHCARE RECOVERIES INSURANCE TO: ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 MCS on behalf of CC: STEVEN PAYNE, ESQ. 04491 Any questions regarding this matter, contact 81.61 116-H STEVEN PAYNE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 D802-039?OSR 7'2RQ'?-r''n? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM SHEPARD, ET AL vs. WILLIAMS GROVE, INC. File No. 07-3527 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ANTHEM BLUE CROSS/BLUE SHIELD (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-P iladelnhea_ 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: STEVEN PAYNE, ES ADDRESS: 1880 JFK BLVD TELEPHONE: _ (2,15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: t Seal of the Court BY THE URT: 0 onotary/Clerk, Civil Divisio Deputy '720O') AA EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANTHEM BLUE CROSS/BLUE SHIELD 700 BROADWAY DENVER, CO 80273 RE: 73892 WILLIAM C. SHEPARD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY NUMBER YRP690M60001 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM C. SHEPARD 2990 MER W. MIDDLESEX RD, WEST MIDDLESEX, PA 16159 Social Security #: XXX-XX-7273 Date of Birth: 03-10-1951 Date of Loss: 07/21/2005 R1.50S 118-H SU10-0731330 73892-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3527 CV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEVEN PAYNE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/13/2008 STEVEN PAYNE, ESQ. Attorney for DEFENDANT R1.50S 118-H D211-0751144 73892-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CASE NO: 07-3527 CV NOTICE OF INTENT TO SERVE A SUBPO$NA TO PRODUCE DOCMIENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GD LEASING OF INDIANA, INC. EMPLOYMENT ACORDIA NATIONAL INSURANCE INSURANCE GREAT WEST HEALTHCARE INSURANCE ANTHEM BLUE CROSS/BLUE SHIELD INSURANCE HEALTHCARE RECOVERIES INSURANCE TO: ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEVEN PAYNE, 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: 05/13/2008 MCS on behalf of CC: STEVEN PAYNE, ESQ. 04491 Any questions regarding this matter, contact STEVEN PAYNE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 81.61 116-H DIU19-Al0-1ece '7 n n.+ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM SHEPARD, ET AL vs. WILLIAMS GROVE, INC. File No. 07-3527 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTHCARE RECOVERIES (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 Groin. Inc,, 1601 Market StreeL Suite 800 l?'l?addpWa- PA 1910 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: STEVEN PAYNE. ES ADDRESS: 1880 JFK BLVD TELEPHONE: (215 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: BY THE URT: 0 onotary/Clerk, Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHCARE RECOVERIES P.O. BOX 36380 LOUISVILLE, KY 40233 RE: 73892 WILLIAM C. SHEPARD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM C. SHEPARD 2990 MER W. MIDDLESEX RD, WEST MIDDLESEX, PA 16159 Social Security #: XXX-XX-7273 Date of Birth: 03-10-1951 Date of Loss: 07/21/2005 R1.50S 118-H SU10-0731332 73892-LO5 t 13 Uri 1 ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs V. WILLIAMS GROVE, INC. d/b/a WILLIAMS GROVE SPEEDWAY Defendant Docket No.: 07-3527 Civil Term Civil Action - Law Jury Trial Demanded PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiffs, William and Barbara Shepard, in the above-referenced matter. Respectfully Submitted, WERNER Date: 16/_5?? g BY: DEIS J. BONETTI, ESQUIRE Attorney I.D. #34329 1011 Mumma Road Lemoyne, PA 17043 (717) 975-9600 COUNSEL FOR THE PLAINTIFFS CERTIFICATE OF SERVICE That counsel for the Plaintiffs, William Shepard and Barbara Shepard, hereby certifies that a true and correct copy of its PRAECIPE FOR WITHDRAWAL OF APPEARANCE has been served on all counsel of record, by first class mail, postage pre- aid, according to the Pennsylvania Rules of Civil Procedure, on the a day of , 2008. Samuel J. Pace, Jr., Esquire Steven J. Payne, Esquire Dugan, Brinkmann, Maginnis and Pace 1880 John F. Kennedy Boulevard, 14`h Floor Philadelphia, PA 19103 Respectfully Submitted, CIPRIANI & WERNER BY: DE IS J. BONETTI, ESQUIRE Attorney I.D. #34329 ADAM L. SEIFERTH, ESQUIRE Attorney I.D. #89073 1011 Mumma Road, Suite 201 Date: a Lemoyne, PA 17043 (717) 975-9600 COUNSEL FOR THE PLAINTIFFS n N ° = 7C` T r, ?r CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3527 CIVIL WILLIAMS GROVE,INC. D/B/A WILLIAMS GROVE SPEEDWAY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEVEN PAYNE, 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: 07/07/2008 STEVEN PAYNE, ESQ. Attorney for DEFENDANT R1.73 133-H DE11-0760655 55215-LO8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM SHEPARD, ET AL TERM, -VS- CASE NO: 07-3527 CIVIL WILLIAMS GROVE,INC. D/B/A WILLIAMS GROVE SPEEDWAY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: STEVEN PAYNE, ESQ. ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEVEN PAYNE, 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: 07/07/2008 MCS on behalf of CC: STEVEN PAYNE, ESQ. - 04491 STEVEN PAYNE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET STEVEN PAYNE, ESQ. #800 1880 JFK BLVD PHILADELPHIA, PA 19103 SUITE 1400 (215) 246-0900 PHILADELPHIA, PA 19103 R1.73 116-H D802-0396755 55215-COO >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED ROBERT W. PISTON M.D. MEDICAL RECORDS & BILLING DAVID B. WILSON,MD MEDICAL RECORDS & BILLING ANTHONY TROPEANO,MD MEDICAL RECORDS & BILLING SHARON REGIONAL HOSPITAL MEDICAL RECORDS SHARON REGIONAL HOSPITAL BILLING ONLY MOMENTUM THERAPEUTICS MEDICAL RECORDS & BILLING PARK PLACE OPEN MRI MEDICAL, BILLING, AND X-RAY(S) DR. RICHARD STIGLIANO MEDICAL RECORDS & BILLING DR. WILLIAM HERBERT, III MEDICAL RECORDS R1.73 116-H DE02-0396755 55215-C00 COMMONWEALTH OF PENNSYLVANIA COUNTY OF'CUMBERLAND WILLIAM SHEPARD, ET AL File No. 07-3527 CIVIL vs. WILLIAMS GROVE,INC. D/B/A WILLIAMS GROVE: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR RICHARD STIGi IANO (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: STEVEN PAYNE. ES ADDRESS: 1880 JFK BLVD TELEPHONE: .(?21 ) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT- Prothonotary/Clerk, • i tsion k Deputy Date: lmsi?= / 3 °-L&Q Seal of the Court 55215-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. RICHARD STIGLIANO 3140 HIGHLAND ROAD HERMITAGE. PA 16148 RE: 55215 WILLIAM C. SHEPARD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing 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, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject WILLIAM C. SHEPARD , Social Security #: XXX-XX-7273 Date of Birth: 03-10-1951 R1.73 118-H SU10-0739924 55215-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE,INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3527 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEVEN PAYNE, ES 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: 07/07/2008 STEVEN PAYNE, ESQ. Attorney for DEFENDANT R1.73 133-H DE11-0760656 55215-LO9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE,INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CASE NO: 07-3527 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations l TO: STEVEN PAYNE, ESQ. ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of STEVEN PAYNE, 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: 07/07/2008 MCS on behalf of CC: STEVEN PAYNE, ESQ. 04491 Any questions regarding this matter, contact STEVEN PAYNE, ESQ. 1880 JFK BLVD SUITE 1400 PHILADELPHIA, PA 19103 STEVEN PAYNE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 116-H DE02-0396755 55215-COO > LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED ROBERT W. PISTON M.D. DAVID B. WILSON,MD ANTHONY TROPEANO,MD SHARON REGIONAL HOSPITAL SHARON REGIONAL HOSPITAL MOMENTUM THERAPEUTICS PARK PLACE OPEN MRI DR. RICHARD STIGLIANO DR. WILLIAM HERBERT, III R1.73 116-H MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY MEDICAL RECORDS & BILLING MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & BILLING MEDICAL RECORDS D902-0396955 55215-C00 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM SHEPARD, ET AL vs. File No. 07-3527 CIVIL WILLIAMS GROVE,INC. DB/A WILLIAMS GROVE : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR WILLIAM HERBERT I (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 ID R * * * * 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: STEVEN PAYNE. ES ADDRESS: 1880 3FK BLVD TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T OURT: Pr onota r Civil ivision Deputy Date: Seal of the Court 55215-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. WILLIAM HERBERT, III 3910 EAST STATE STREET HERMITAGE, PA 16137 RE: 55215 WILLIAM C. SHEPARD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : WILLIAM C. SHEPARD Social Security #: XXX-E%-7273 Date of Birth: 03-10-1951 81.73 118-H SUIO-0739926 55215-LO9 r?a 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WILLIAM SHEPARD, ET AL -VS- WILLIAMS GROVE, INC. D/B/A WILLIAMS GROVE SPEEDWAY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3527 CV As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEVEN PAYNE, 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: 07/24/2008 STEVEN PAYNE, ESQ. Attorney for DEFENDANT R1.73 144-H DE11-0763235 73892-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM SHEPARD, ET AL VS. WILLIAMS GROVE, INC. File No. 07-3527 CV SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SHARON REGIONAL HOSPITAL (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 Ca=. Inc.- 1601 Market Street, Suite 800. P ilad In ia- 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: STEVEN PAYNE. ESQ. ADDRESS: 1880 JFK BLVD _ SUITE 1400 MMI, N ELPHL& PA 19103 TELEPHONE: f215,246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 8.4 2008 Date: T Seal of the Court BY THE C T: Protho tarylCler Di 'ion Deputy 73892-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHARON REGIONAL HOSPITAL MEDICAL RECORDS 740 E. STATE STREET SHARON. PA 16146 RE: 73892 WILLIAM C. SHEPARD Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY & ALL MEDICAL RECORDS FROM ER VISIT 7/21/05 TO 7/22/05 ONLY Dates Requested: from: 07-21-2005 to 07-22-2005. Subject : WILLIAM C. SHEPARD 2990 MERCER MIDDLESEX RD, WEST MIDDLESEX, PA 16159 Social Security #: XXX-XX-3632 Date of Birth: 03-10-1951 R1.60S 144-H SU10-0741036 73892-LO6 " r CX) C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, CASE NUMBER: 07-3527 Civil Term ISSUE NUMBER: Plaintiffs V. SEL-WIL, INC. and BOUNDLESS MOTOR SPORTS RACING, INC., PLEADING: CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 i IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, CASE NO: 07-3527 Civil Term Plaintiffs V. SEL-WIL, INC. and BOUNDLESS MOTOR SPORTS RACING, INC., Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, by and through her attorneys, certify that: (1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. CIPRIANI & WERNER BY: Date: I I zt ---?, ADAM L. SEIFERTH, ESQ Attorney I.D. # 89073 1011 Mumma Road Lemoyne, PA 17043 (717) 975-9600 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs V. SEL-WIL, INC. and BOUNDLESS MOTOR SPORTS RACING, INC., Defendants To: Records Custodian Holloway Seating 502 Market Street Freeport, PA 16229 CIVIL DIVISION CASE NO: 07-5661 JURY TRIAL DEMANDED NOTICE You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, the Records Custodian for Holloway Seating, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the foregoing subpoena have been produced. DATE: BY: i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND William and Barbara Shepard V. Plaintiffs Williams Grove, Inc. Defendant File N®l-3527 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:_ Holloway Seating, 502 Market Street, Freeport, PA 16229 (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: Any and all documentation, correspondence, plans, blueprints, photographs, brochures, relating to work performed at Williams Grove Speedway and replacement of the grandstands from 2007 through the present. e-mails, invoices, bills, estimates, proposals, advertising materials, at 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 (Address) 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: Adam T.. SPi f rthT- RQij re ADDRESS: uits 201 Lemoyne, PA 17043 TELEPHONE: 717-975-9600 SUPREME COURT ID # 89073 ATTORNEY FOR: William Shepard_ Date: ilk&.g ,s& f the court BY TH OUR Prothonota Di "ion Deputy CERTIFICATE OF SERVICE That counsel for the Plaintiffs, WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, hereby certifies that a true and correct copy of its CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of 2008. Samuel J. Pace, Jr., Esquire Steven J. Payne, Esquire Dugan, Brinkmann, Maginnis and Pace 1880 John F. Kennedy Boulevard, 14`h Floor Philadelphia, PA 19103 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTH, ESQUIRE Attorney for the Plaintiffs WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife ?? ? a g :,_ ar.4 .?:? r t?,j ? s-? "t^; .< ? ..... '` ? 7`? M1 9 nt ? , " ? ?? S : .,,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WILLIAM SHEPARD and BARBARA SHEPARD, husband and wife, Plaintiffs Docket No.: 07-3527 Civil Term V. Civil Action - Law WILLIAMS GROVE, INC. d/b/a WILLIAMS GROVE SPEEDWAY Defendant Jury Trial Demanded PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-caption action as settled, ended, and discontinued with prejudice against all Defendants. Respectfully Submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTH, Q IRE Attorney I.D. #89073 1011 Mumma Road Date: Lemoyne, PA 17043 / COUNSEL FOR THE PLAINTIFFS CERTIFICATE OF SERVICE That counsel for the Plaintiffs, William Shepard and Barbara Shepard, hereby certifies that a true and correct copy of its PRAECIPE TO DISCONTINUE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the ?4l day of So ?71?? , 2009. Steven J. Payne, Esquire Dugan, Brinkmann, Maginnis and Pace 1880 John F. Kennedy Boulevard, 14th Floor Philadelphia, PA 19103 BY: , ?t) Date: ?-?'- -? Lemoyne, PA 17043 COUNSEL FOR THE PLAINTIFFS Respectfully Submitted, CIPRIANI & WERNER ADAM L. SEIFERTH, ES UI Attorney I.D. #89073 1011 Mumma Road Suite n? TH" 2UH SLEP 28 PM