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Home My WebLink About08-4919r, % Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 Phone: (717) 238-8187 Email: eek(a)mwke.com Attorney for Plaintiff LISA HOERNER IN THE COURT OF COMMON PLEAS 16 Clemens Drive OF CUMBERLAND COUNTY, PENNSYLVANIA Dillsburg, PA 17019 Plaintiff CIVIL ACTION -LAW V. NO. ?'?141 C?v ?? ` CARLISLE CARRIER CORPORATION 6380 Brackbill Boulevard Mechanicsburg, PA 17050 and KEVIN McKELVEY 227 Beach 108th Street Rockaway Park, NY 11694 Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the above named Defendants. Please forward one time-stamped Writ of Summons to the Cumberland County Sheriff for service upon Defendant Carlisle Carrier Corporation at the address listed above. METZGER, WICKERSH , KNAUSS & ERB, P.C. By Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff 403091-1 l ?. op ''« N N L? t V C) n Z Him j. y? 91 0 Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300, 3211 North Front Street Harrisburg, PA 17110-0300 Phone: (717) 238-8187 Email: eek(a?mwke com Attorney for Plaintiff LISA HOERNER 16 Clemens Drive Dillsburg, PA 17019 Plaintiff V. CARLISLE CARRIER CORPORATION 6380 Brackbill Boulevard Mechanicsburg, PA 17050 and KEVIN McKELVEY 227 Beach 108th Street Rockaway Park, NY 11694 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Carlisle Carrier Corporation, 6380 Brackbill Boulevard, Mechanisburg, PA 17050 Kevin McKelvey, 227 Beach 108th Street, Rockaway Park, NY 11694 You are hereby notified that the above named Plaintiff has commenced an action against you. Dated: .? /ROT O ARY By: 403091-1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOERNER LISA VS CARLISLE CARRIER CORP ET AL RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS CARLISLE CARRIER CORPORATION was served upon DEFENDANT the , at 0015:25 HOURS, on the 20th day of August , 2008 at 6380 BRACKBILL BOULEVARD MECHANICSBURG, PA 17050 by handing to KAROL KABROTH DIRECTOR OF SAFETY & CLAIMS a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing ? 18.00 Service q??'0$ 10.00 Affidavit ab .00 Surcharge 10.00 Sworn and Subscibed to before me this So Answers: R . Thomas Kline 38.00 08/21/2008 METZGER WICKERSHAM By day Deputy Sheriff of A. D. POSE' & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 LISA HOERNER, VS. Plaintiff, Attorneys for Defendants Carlisle Carrier Corporation and Kevin McKelvey IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CARLISLE CARRIER CORPORATION and KEVIN MCKELVEY, Defendants. CIVIL ACTION - LAW NO. 08-4919 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Post 4Gre P.C. By: S. Hirtzel, Esquire Michael F. Socha, Esquire Attorney for Defendants RULE TO FILE COMPLAINT AND NOW, this day of w1apch , 2009, a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or 08- l4gt9 suffer entry of Judgment of Non Pros. &tajL- Pro notary CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I. caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the . United States Mail, First Class Delivery, on the date set forth below. Edward E. Knauss, IV, Esquire. Metzger, Wickershan, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 DATE: LILLY A. TO S ??? ?? <:ry ? CV, r7 `+?f rV '?' yaj V, G??' A t' 17 f_"?s ;?' .r POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 LISA HOERNER, vs. Plaintiff, CARLISLE CARRIER CORPORATION and KEVIN MCKELVEY, Defendants. Attorneys for Defendants Carlisle Carrier Corporation and Kevin McKelvey IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM, NO. 08-4919 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants Carlisle Carrier Corporation and Kevin McKelvey on whose behalf a jury trial is hereby demanded. POST & SCHELL, P.C. Dated: February 25, 2009 By. MICHAEL F. SOCHA, ESQUIRE Attorneys for Defendants Carlisle Carrier Corporation and Kevin McKelvey 10 f CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Edward E. Knauss, IV, Esquire Metzger, Wickershan, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 DATE: February 25, 2009 LILLY A. TO S 4 ?5 ? :7 METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Lisa Hoemer LISA HOERNER Plaintiff VS. CARLISLE CARRIER CORPORATION and KEVIN McKELVEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4919 JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Carlisle Carrier Corporation and Kevin McKelvey c/o Gregory S. Hirtzel, Esquire Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 415920-1 A NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere 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 escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones 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 a notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 415920-1 METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 LISA HOERNER Plaintiff Attorneys for Plaintiff Lisa Hoerner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CARLISLE CARRIER CORPORATION NO. 08-4919 and KEVIN McKELVEY Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Lisa Hoerner is an adult individual who currently resides at 16 Clemens Drive, Dillsburg, York County, Pennsylvania. 2. Defendant, Carlisle Carrier Corporation, is a corporation that is authorized to do and doing business currently at 6380 Brackbill Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Kevin McKelvey, is an adult individual who currently resides at 227 Beach 108th Street, Rockaway Park, Queens Borough, New York. 4. On August 24, 2006, Plaintiff, Lisa Hoerner, was in the course and scope of her employment while operating a 2002 Buick automobile on Route I-78, near mile marker 45.4, in Lehigh County, Pennsylvania. 5. As Plaintiff, Lisa Hoerner, was stopped in traffic in the left lane, Defendant Kevin McKelvey, who was operating a 2007 International Tractor directly behind the Plaintiff, suddenly and without warning violently struck the vehicle operated by Lisa Hoerner in the rear. 415920-1 6. At the aforesaid time and place, and at the time of the accident described herein, Defendant Kevin McKelvey was operating his motor vehicle within the course and scope of his employment and agency with Defendant Carlisle Carrier Corporation, and was then and there acting as the agent, servant, employee and representative of Defendant Carlisle Carrier Corporation. 7. At all times relevant hereto, and at the time of the accident described herein, Defendant Carlisle Carrier Corporation controlled and had a right to control the manner in which Defendant Kevin McKelvey performed his employment duties, including the operating of his tractor-trailer on the highway and all other aspects of his employment. 8. As a direct result of the aforesaid accident and collision, Plaintiff Lisa Hoerner, sustained various personal injuries, all or some of which may be permanent or chronic in nature, including but not limited to a disc bulge at L4-5 and L5-Sl, herniated discs at L34 and L4-5, protruding discs at C5-6 and C6-7, flattening of the anterior thecal sac at C7-TI, flattening of anterior left cord at C6-7, sciatica, cervicalgia, cervical sprain/strain, lumbar sprain/strain, left shoulder strain, muscle spasm, head trauma, post concussive syndrome, post concussive headaches and other multiple injuries. 9. As a result of the aforesaid accident and injuries, Plaintiff, Lisa Hoerner, has incurred various medical expenses for physicians, hospitals, medical supplies, medication, therapy, and other medical treatment, and she will in the future continue to incur such medical expenses. 10. As a result of the aforesaid accident and injuries, Plaintiff, Lisa Hoerner, has sustained a loss of income and may, in the future, continue to suffer a loss of income and a permanent impairment of her future earning capacity. 415920-1 11. As a result of the aforesaid accident and injuries, Plaintiff, Lisa Hoerner, has undergone emotional and mental distress and anguish, embarrassment, depression, and humiliation, and will in the future continue to undergo such mental distress, anguish, embarrassment, depression, and humiliation. 12. As a result of the aforesaid accident and injuries, Plaintiff, Lisa Hoerner, has undergone much pain, suffering, inconvenience, loss of enjoyment of life, and loss of life's pleasures, and will in the future continue to suffer such losses. COUNT 1 Lisa Hoerner v. Kevin McKelvey 13. Preceding paragraphs 1 through 12 are incorporated herein by reference and made part hereof. 14. The aforesaid accident and injuries suffered by the plaintiff were the direct and proximate result of the negligence and carelessness of the Defendant, Kevin McKelvey as follows: (a) He failed to operate his vehicle at a safe and appropriate speed; (b) He failed to keep a proper lookout for other vehicles ahead of him on the highway; (c) He failed to operate his vehicle at such a speed and in such a manner so as to be able to stop within the assured clear distance ahead; (d) He was following the vehicle driven by Plaintiff, Lisa Hoerner, too closely; (e) He failed to keep his vehicle under control; 415920-1 (f) He failed to steer or stop his vehicle so as to avoid a collision with the vehicle driven by Plaintiff, Lisa Hoerner; (g) He failed to observe the vehicle ahead of him driven by Lisa Hoerner; (h) He failed to pay proper and careful attention to the vehicles ahead of him on the highway; and (i) He was driving his vehicle in a careless manner. 15. Defendant Kevin McKelvey is liable to Plaintiff for all those damages sustained by Plaintiff, as set forth in the preceding paragraphs. WHEREFORE, Plaintiff, Lisa Hoerner, demands judgment against Defendants, Carlisle Carrier Corporation and Kevin McKelvey, in an amount exceeding that requiring submission to compulsory arbitration, plus costs. COUNT II Lisa Hoerner v. Carlisle Carrier Corporation 16. Preceding paragraphs 1 through 15 are incorporated herein by reference and made part hereof. 17. Defendant Carlisle Carrier Corporation is liable to Plaintiff Lisa Hoerner under the principles of agency and respondeat superior due to the aforesaid negligence of Defendant Kevin McKelvey. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of that sum requiring submission to compulsory arbitration, plus costs. 415920-1 METZGER, WICKERSHAM., KNAUSS & ERB, P.C. // -?- -- By: e?- X? Edwar E. lt?nauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff Dated: z?- 7-6'9' 415920-1 VERIFICATION I, Lisa Hoerner, do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Ili,,wj;?O G 4, - /V?/4Les-71Z-A-- Lisa Hoerner 415920-1 CERTIFICATE OF SERVICE I, Meredith L. Kamp, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, this day of? l , 2009, on the following: Gregory S. Hirtzel, Esquire Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Meredith L. Kamp 415920-1 Rt R r 6 OF T#2r itl,".P OTARY 2009 APR -8 PM 1: 09 Ct_, ;Jri'Y IN THE MATTER OF: LISA HOERNER CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 -VS- CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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. DATE: 08/26/2009 MCS on behalf //o//f /p? /S/ (./ aq ory J?tirtzeC, 6q GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0953354 59280-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LISA HOERNER -VS- CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CASE NO: 08-4919 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ARLINGTON ORTHOPEDICS MEDICAL RECORDS DAVID LITRENTA, M.D. MEDICAL RECORDS CENTER FOR CONSERVATIVE SPINE MEDICAL RECORDS PRAXAIR EMPLOYMENT SUBROGATION PARTNERS RECORDS ERIE INSURANCE CO. INSURANCE TO: EDWARD E. KNAUSS IV, ESQ., PLAINTIFF COUNSEL MCS on behalf of GREGORY HIRTZEL, 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: 08/04/2009 CC: GREGORY HIRTZEL, ESQ. - 175-139998 EDWARD E. KNAUSS IV, ESQ. METZGER, WICKERSHAM, ET AL 3211 N. FRONT STREET P.O BOX 5300 HARRISBURG, PA 17110 MCS on behalf of GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.86S 133-H DE02-0544538 59280-CO1 ,: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER vs. File No. 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ARLINGTON ORTHOPEDICS (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: GREGORY HIRTZEL. E ADDRESS: 1857 WILLIAM PENN V TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 7?3?A 2 6 2009 Date: Seal of the Court BY COURT: rothonotary/C ivision Deputy 59280-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ARLINGTON ORTHOPEDICS 805 SIR THOMAS COURT HARRISBURG, PA 17109 RE: 59280 LISA WERNER 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 and 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: from: 01-01-1980 to the present. Subject : LISA HOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R1.86S 133-H SU10-0797588 59280-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER -VS- CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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: 08/26/2009 MCS on behalf //o//f /S/ (reyory J?tirtze//?/ f, 6!j GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0953357 59280-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER VS. File No. 084919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DAVID LITRENTA, M.D. (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: GREGORY HIRTZEL, E ADDRESS: 1857 WILLIAM PENN V TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG 2 6 2009 Date: &/ /4? y Seal of the Court BY COURT: rothonotary/Cl rk Division Deputy 59280-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID LITRENTA. M.D. 4400 LEWIS ROAD SUITE 67 HARRISBURG, PA 17111 RE: 59280 LISA HOERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS FROM ANTHONY CONTI, DO. 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 and 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: from: 01-01-1980 to the present. Subject : LISA HOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R1.86S 133-H SU10-0797590 59280-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER CARLISLE CARRIER As a prerequisit to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 08-4919 CORP. & KEVIN MCKELVEY to service of a subpoena for documents and things pursuant MCS on behalf of GREGORY HIRTZEL, 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: 08/26/2009 MCS on behalf /o/f /S/ qj, rec?ory Jdirtze/? l, elcj. L -p GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0953360 59280-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER VS. File No. 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTER FOR CONSERVATIVE SPINE (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: GREGORY HIRTZEL. ESQ. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER. PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY CO RT: 'jz P othonotary/?iv' Division AUG 2 6 2009 Deputy Date: Seal of the Court 59280-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTER FOR CONSERVATIVE SPINE 805 SIR THOMAS COURT HARRISBURG, PA 17109 RE: 59280 LISA HOERNER 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 and 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: from: 01-01-1980 to the present. Subject : LISA HOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R1.86S 133-H SU10-0797592 59280-LO3 yTM FILE 1 2? 9f. JS2) 3 E' 2": CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER CARLISLE CARRIER As a prerequisite to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 08-4919 CORP. & KEVIN MCKELVEY to service of a subpoena for documents and things pursuant MCS on behalf of GREGORY HIRTZEL, 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: 08/31/2009 MCS on behalf of /S/ C_.jreccortl J?tirtzef, 61. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0954576 59280-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LISA HOERNER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PRAXAIR EMPLOYMENT SUBROGATION PARTNERS RECORDS ERIE INSURANCE CO. INSURANCE TO: EDWARD E. KNAUSS IV, ESQ., PLAINTIFF COUNSEL MCS on behalf of GREGORY HIRTZEL, 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: 08/07/2009 MCS on behalf of GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT CC: GREGORY HIRTZEL, ESQ. - 175-139998 EDWARD E. KNAUSS IV, ESQ. METZGER, WICKERSHAM, ET AL 3211 N. FRONT STREET P.O BOX 5300 HARRISBURG, PA 17110 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.86S 144-H DE02-0545704 59280-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 084919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for PRAXAIR (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: GREGORY HIRTZEL. E ADDRESS: 1857 WILLIAM PFNN V TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 31 009 Date: Seal of the Court BY THE COURT: - jJ/ A(4/zd )e Prot onotary/Clerk, Civil Divisi D ty 59280-04 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: PRAXAIR 7353 WILLIAM AVENUE #200 ALLENTOWN, PA 18106 RE: 59280 LISA NOERNER 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: up to and including the present. Subject : LISA HOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R1.86S 144-H SU10-0798304 59280-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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: 08/31/2009 MCS on behalf of /S/C jregory -Artzel, e4i GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0954579 59280-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 084919 vs. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SUBROGATION PARTNERS (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 Gmp- Ine., 1601 Market Street. Suite 900- 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: GREGORY HIRTZEL. ESQ. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: -(15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ' 3129 Date: -7 Seal of the Court Prothonotary/Clerk, Civil Divi 'on D ty 59280-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUBROGATION PARTNERS 1055 PORTION ROAD P.O. BOX 8000 FARMINGVILLE, NY 11738 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. COPIES OF ANY AND ALL DOCUMENTS OF ANY KIND OR NATURE CONTAINED WITHIN ALL FILES RELATING TO ANY AND ALL CLAIM FOR BENEFITS FILED BY OR ON BEHALF OF PLAINTIFF LISA HORNER CLAIM# 256-196375; EMPLOYER: PRAXAIR, INC Dates Requested: up to and including 99-99-0000. Subject : LISA KOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R2.19 120-H SU10-0798700 59280-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER CARLISLE CARRIER As a prerequisite to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 08-4919 CORP. & KEVIN MCKELVEY to service of a subpoena for documents and things pursuant MCS on behalf of GREGORY HIRTZEL, 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: 08/31/2009 MCS on behalf of /S/ -gnewory .itirtzef, e?ck. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0954582 59280-L06 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 08-4919 vs. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERIE INSURANCE CO. (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: GREGORY HIRTZEL. E ADDRESS: 1857 WILLIAM PENN V TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: _Defendant t Date: Seal of the Court BY THE COURT: zz Prothonotary/Clerk, Civil Division Deput 59280-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE CO. 100 ERIE INSURANCE PLACE ERIE, PA 16530 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY Q06 0209412.H COPIES OF ANY AND ALL DOCUMENTS CONTAINED WITHIN THE FIRST PARTY BENEFITS FILE, INCLUDING BUT NOT LIMITED TO THE ENTIRE FILE FROM COVER TO COVER, INCLUDING ALL APPLICATIONS FOR BENEFITS, ALL RECORDS, ALL BENEFITS, PAYMENT DATA, ALL APPLICATION FOR BENEFITS FORMS, ALL MEDICAL RECORDS, CORRESPONDENCE,EXPLANATION OF BENEFIT FORMS, UM/UIM CLAIM RECORDS, PROPERTY DAMAGE RECORDS, MEDICAL PAYMENTS BENEFITS, LOST WAGE BENFITS AND/OR INFORMATION RELATING TO SAID LOST WAGES, PHOTOGRAPHS AND STATEMENTS RELATING TO ANY AND ALL AUTOMOBILEACCIDENTS INVOLVING PLAINTIFF AND/OR CLAIM SUBMITTED BY PLAINTIFF LISA HOERNER-DUNHAM, POLICY# Q06-0209412H Dates Requested: up to and including the present. Subject : LISA HOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R1.86S 144-H SU10-0798308 59280-LO6 OF THE ?' ;r .1; j•,4, t; ?f?y' 2OD9 SLID' -3 P 2: OL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CARLISLE CARRIER CORP. & KEVIN MCKELVEY CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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: 08/31/2009 MCS on behalf of /S/ `ma= y .J//?tirtzel' GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0954575 59280-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LISA HOERNER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PRAXAIR EMPLOYMENT SUBROGATION PARTNERS RECORDS ERIE INSURANCE CO. INSURANCE TO: EDWARD E. KNAUSS IV, ESQ., PLAINTIFF COUNSEL MCS on behalf of GREGORY HIRTZEL, 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: 08/07/2009 MCS on behalf of GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT CC: GREGORY HIRTZEL, ESQ. - 175-139998 EDWARD E. KNAUSS IV, ESQ. METZGER, WICKERSHAM, ET AL 3211 N. FRONT STREET P.O BOX 5300 HARRISBURG, PA 17110 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.86S 144-H DE02-0545705 59280-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 08-4919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PRAXAIR (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: GREGORY HIIZT ADDRESS: 1857 WILLIAM P TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 31 009 Date: Seal of the Court BY THE COURT: - jJ/ k1k ?e Prot onotary/Clerk, Civil Divisio Dep ty 59280-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PRAXAIR 7353 WILLIAM AVENUE #200 ALLENTOWN, PA 18106 RE: 59280 LISA HOERNER 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: up to and including the present. Subject : LISA HOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R1.86S 144-H SU10-0798304 59280-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CARLISLE CARRIER CORP. & KEVIN MCKELVEY CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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: 08/31/2009 MCS on behalf of /? /S/ q regory / ?tirtzef, e3l GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0954578 59280-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER vs. File No. 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for_SUBROGATION PARTNERS (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: * * * * SFF ATTACHED RIDER * * * * at _ The MC:S C= w- 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: GREGORY HIRT FI ADDRESS: 1857 Wi JJAM PRWA TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 'AN 312M Date: rf?jllJ Seal of the Court BY THE COURT: /, (/ &4 / 4 /47j / 11714 Prothonotary/Clerk, Civil Divi 'on D ty 59280-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUBROGATION PARTNERS 1055 PORTION ROAD P.O. BOX 8000 FARMINGVILLE. NY 11738 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. COPIES OF ANY AND ALL DOCUMENTS OF ANY KIND OR NATURE CONTAINED WITHIN ALL FILES RELATING TO ANY AND ALL CLAIM FOR BENEFITS FILED BY OR ON BEHALF OF PLAINTIFF LISA HORNER CLAIM# 256-196375; EMPLOYER: PRAXAIR, INC Dates Requested: up to and including 99-99-0000. Subject : LISA HOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R2.19 120-H SU10-07987oo 59280-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CARLISLE CARRIER CORP. & KEVIN MCKELVEY CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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: 08/31/2009 MCS on behalf /o/f /S/ "reyory _./dirtzeL, GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 144-H DE11-0954581 59280-L06 f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 08-4919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERIE INSURANCE CO. (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: GREGORY HIRTZEL. ESQ. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant R Date: Seal of the Court BY THE COURT: zz " I. Prothonotary/Clerk, Civil Division r I A494 4 04= Deput 59280-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE CO. 100 ERIE INSURANCE PLACE ERIE, PA 16530 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY Q06 0209412H COPIES OF ANY AND ALL DOCUMENTS CONTAINED WITHIN THE FIRST PARTY BENEFITS FILE, INCLUDING BUT NOT LIMITED TO THE ENTIRE FILE FROM COVER TO COVER, INCLUDING ALL APPLICATIONS FOR BENEFITS, ALL RECORDS, ALL BENEFITS, PAYMENT DATA, ALL APPLICATION FOR BENEFITS FORMS, ALL MEDICAL RECORDS, CORRESPONDENCE,EXPLANATION OF BENEFIT FORMS, UM/UIM CLAIM RECORDS, PROPERTY DAMAGE RECORDS, MEDICAL PAYMENTS BENEFITS, LOST WAGE BENFITS AND/OR INFORMATION RELATING TO SAID LOST WAGES, PHOTOGRAPHS AND STATEMENTS RELATING TO ANY AND ALL AUTOMOBILEACCIDENTS INVOLVING PLAINTIFF AND/OR CLAIM SUBMITTED BY PLAINTIFF LISA HOERNER-DUNHAM, POLICY# Q06-0209412H Dates Requested: up to and including the present. Subject : LISA HOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 R1.86S 144-H SU10-0798308 59280-LO6 2009 SEP -3 PAS 2: a2 ?r POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: JULIE S. MELLETT, ESQUIRE E-MAIL: jmellett@postschell.com I.D. # 92848 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 LISA HOERNER, Plaintiff, VS. CARLISLE CARRIER CORPORATION and KEVIN MCKELVEY, Defendants. ATTORNEYS FOR DEFENDANTS CARLISLE CARRIER CORPORATION AND KEVIN MCKELVEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 08-4919 NOTICE TO PLEAD TO: Lisa Hoerner c/o Edward E. Knauss, IV, Esquire Metzger, Wickershan, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 You are hereby notified to plead to the within New Matter within twenty (20) days of service thereof or a default may be entered against you. Respectfully submitted, POST ?- / -0/ BY: I. S. M E SQUIRE A orney efendants Carlisle Carrier Corporation and Kevin McKelvey POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: JULIE S. MELLETT, ESQUIRE E-MAIL: jmellett@postschell.com I.D. # 92848 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 I LISA HOERNER, Plaintiff, VS. CARLISLE CARRIER CORPORATION and KEVIN MCKELVEY, Defendants. ATTORNEYS FOR DEFENDANTS CARLISLE CARRIER CORPORATION AND KEVIN MCKELVEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 08-4919 DEFENDANTS CARLISLE CARRIER CORPORATION AND KEVIN MCKELVEY'S ANSWER WITH NEW MATTER TO COMPLAINT And now, Defendants Carlisle Carrier Corporation and Kevin McKelvey, by and through their attorneys, Post and Schell, P.C., files this Answer with New Matter to Complaint and offers as follows: 1. Denied. Defendants are without information or knowledge as to the truth of the averments in this paragraph and strict proof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. Defendants admit only that Plaintiff was traveling on Route I-78 on August 24, 2006 in a 2002 Buick Rendezvous in Lehigh County, Pennsylvania. The remaining averments in this paragraph are denied as Defendants are without information or knowledge as to their truth and, if relevant, strict proof is demanded at trial. 5. Admitted in part and denied in part. It is admitted that a motor vehicle accident occurred on August 24, 2006. The remaining averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 6. Admitted in part and denied in part. It is admitted only that Defendant McKelvey was an employee of Defendant Carlisle Carrier Corp. on August 24, 2006. The remaining averments are denied pursuant to Pa. R.C.P. 1029(e). 7. Denied as a conclusion of law to which no responsive pleading is required. 8. Denied. The averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). To the extent a response is required, Defendants are without information or knowledge as to the truth of the averments in this paragraph and strict proof is demanded at trial. 9. Denied. The averments in this paragraph are denied in accordance with Pa. R. C. P. 1029(e) and strict proof thereof is demanded. By way of further answer, to the extent a response is required, Plaintiff's claims for past and/or future medical special damages are limited to the amount received or to be received by Plaintiff's providers in satisfaction of their bills for treatment rendered, not the actual amount of the bills. 10. Denied. The averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) and as conclusions of law to which no responsive pleading is required. 11. Denied. The averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) and as conclusions of law to which no responsive pleading is required. 12. Denied. The averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e) and as conclusions of law to which no responsive pleading is required. 2 COUNTI 13. Paragraphs 1 through 12 are incorporated as if set forth here in full. 14. Denied. The averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 15. Denied. The averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor and against Plaintiff, together with costs and such other relief as this Honorable Court may deem just and appropriate. COUNT II 16. Paragraphs 1 through 15 are incorporated as if set forth here in full. 17. Denied as a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff, together with costs and such other relief as this Honorable Court may deem just and appropriate. NEW MATTER 18. Paragraphs 1 through 17 are incorporated as if set forth here in full. 19. Plaintiff's claims are barred to the extent it is established that Plaintiff failed to mitigate her damages. 20. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (Pa. MVFRL). 21. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Plaintiffs elected limited tort coverage or is otherwise bound by a limited tort election as set forth in the Pennsylvania MVFRL. 22. Plaintiffs' claims for non economic damages are subject to and limited by the limited tort option described in the Pennsylvania MVFRL to the extent it is established that they were the 3 owners of record of an uninsured, registered motor vehicle at the time of the incident for which they now bring suit. 23. Plaintiff's claims are barred by the doctrines of release, setoff and/or accord and satisfaction to the extent it is established that Plaintiff has entered into any releases, agreements or settlements with respect to any damages suffered by Plaintiff and/or the subject accident. 24. Plaintiff's claims for past and future medical special damages are limited to the amount received by Plaintiff's providers in satisfaction of their bills for services rendered, or the actual bills for such services, whichever is less. 25. Plaintiff's claims may be barred by the applicable two year statute of limitations. 26. The injuries and damages complained of by the Plaintiff were caused in whole or in part by the negligent errors and omissions of third parties over whom Defendants have no duty to control. 27. Plaintiffs claims are barred by the Pennsylvania Comparative Negligence Act. 28. Plaintiff's claims are barred to the extent it is established that this Honorable Court is without personal jurisdiction over Defendants. 29. Plaintiff fails to state a claim against Defendants upon which relief may be granted. 30. Plaintiffs' claims are barred by the doctrine of estoppel. 31. Plaintiffs' claims are barred by the doctrine of res judicata. 32. The conduct of Defendants did not breach the applicable standard of care owed to Plaintiff. 33. Pa. R.C.P. 238 should be deemed unconstitutional, as a violation of the Due Process and the Equal Protection clauses of the 14th Amendment of the United States Constitution, as well as Article I, Sections 1 and 11 and Article 5, Section 10(c) of the Pennsylvania Constitution. In 4 accordance with Pa. R.C.P. 238, Answering Defendant is not required to pay delay damages during those time periods in which Plaintiffs conduct delayed the trial. Moreover, delay damages may be further reduced in accordance with Pennsylvania law. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff, together with costs and such other relief as this Honorable Court may deem just and appropriate. POST & SCHELL, Dated: September 1, 2009 G R HR , ESQUIRE M , ESQUIRE A or Defendants isle Carrier Corporation and Kevin McKelvey 5 VERIFICATION I, Karol Kabroth, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unsworn falsification to authorities. BY:.. . R Director f Safety and Administration DATE: & /t'-26-k q VERIFICATION I, Kevin McKelvey, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unworn falsification to authorities. BY DATE: O9 710 9-1 CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Edward E. Knauss, IV, Esquire Metzger, Wickershan, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 L LY A. TORRE S DATE: September 1, 2009 CF, THEE KPOll"HONOTARY 2009 SEP -3 Pty 3: 9 METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 LISA HOERNER Plaintiff Attorneys for Plaintiff Lisa Hoerner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW CARLISLE CARRIER CORPORATION NO. 08-4919 and KEVIN McKELVEY Defendants JURY TRIAL DEMANDED REPLY OF PLAINTIFF TO NEW MATTER 8. Denied and in further answer thereto, the Complaint of the Plaintiff is incorporated herein by reference and made a part hereof. 19-33. These paragraphs are all denied as legal conclusions or opinions. Insofar as any facts are alleged, the allegations are further denied. WHEREFORE, Plaintiff demands that the New Matter be dismissed and that judgment be entered in her favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: dward E. Knauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff Dated: September 21, 2009 426424-1 VERIFICATION I, Lisa Hoerner, do hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 4 A /,? I c f Lisa Hoerner 426424-1 CERTIFICATE OF SERVICE AND NOW, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served Plaintiffs Reply to New Matter this day by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Carlisle Carrier Corporation and Kevin McKelvey, Defendants c/o Julie S. Mellett, Esquire Post & Schell, P.C. Post & Schell 1857 William Penn Way P. O. Box 10248 Lancaster, PA 17605-0248 Edward E. Knauss, IV, Esquire Date: ? - Z 2009 426424-1 FEC.E?-a;. ? v t;H. OF THc a?i-:? t ^^_, ?z??Y 2009 SEP 214 P "l +: 2' 4 G ?1: of It r??t ,, CERTIFICATE IN THE MATTER OF: LISA HOERNER PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- TERM, CUMBERLAND CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY n r.? o As a prerequisite to service of a subpoena for documents and thii"-Tpur=ant-A to Rule 4009.22 ` - _n MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 MCS o halt,,- GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R1.86S 116-H DE12-0281678 59280-L07 02/22/2010 07:09 FAX 7172349478 XWME HGB PA f? 001 15/2010 9,01 AM •> 7172349476 Faga 2 of 3 i i s f 1 1601 Market Street, Suite 800, Philadelphia Pennsylvania 19103 '. (215) 246 -0900 Fax Number (215) 531 -5754 i ;URGENT ! ! URGENT ! ! ! ! tm-r_Err ! r ! i' 02/05/2010 ' s LISA HOERNER LIS* HOERNER Vs CARLISLE CARRIER CORP. 6 KEVIN MCKELM ! POST b SCHELL i GREGORY HIRTZEL, ESQ. (717) 391-4436 We have been requested by the above-mentioned counsel Co obtain material on an expedited basis frOhk the below listed custodians, In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in iules 4009.21 and 4009.22. Please fax this fora{ to us imn diately at (215) 531-5754 With your a taro so that we may comply with this request. Your cooperation would be greatly appreciated. Sincerely, JANICE MCCAFFREY ??s (^ TQ`c 1. Note: See Attached ilst of Locations I Counsel: EIMRD E. KNAUSS IVF ESQ. F 7 7 34-9478 I agree to waive wa?ting period pate;? jp Copies: Yes No I agree to pay the invoice provided with the documents Review Documents: Yes No Advise of Cost 1 do not agree to waive rule: pate: Billing Info: PJM - 59280-C01 t` Jt- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LISA HOERNER -VS- CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CASE NO: 08-4919 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: EDWARD E. KNAUSS IV, ESQ., PLAINTIFF COUNSEL MCS on behalf of GREGORY HIRTZEL, 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: 02/05/2010 CC: GREGORY HIRTZEL, ESQ. - 175-139998 EDWARD E. KNAUSS IV, ESQ. METZGER, WICKERSHAM, ET AL 3211 N. FRONT STREET P.0 BOX 5300 HARRISBURG, PA 17110 MCS on behalf of GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R2.19 116-H DE02-0614900 59280-COI >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED PINNACLE HEALTH SYSTEMS QUANTUM IMAGING BROADSPIRE SERVICES, INC. PINNACLE HEALTH PHYSICAL AETNA, INC. ORTHOPEDIC INSTITUTE OF PA MECHANICSBURG FAMILY JULIE M. NIEDWICK DC. DILLSBURG HEALTH CENTER JOHN P. STRATIS, M.D. CUMBERLAND VALLEY OB/GYN TRISTAN ASSOCIATES CENTRAL PA. REHAB SERVICES ERIE INSURANCE CO. EMPLOYMENT MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & BILLING MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & BILLING MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & BILLING INSURANCE R2.19 116-H DE02-0614900 59280-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 08-4919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for PINNAG E HEALTH SYSTEMS (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 ATTA D RIDER **** at The M CS Group- Inc.- 1601 Market Street, Suite 800' Ebil ade hi 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: GREGORY HIRT Fr ESO ADDRESS: 1857 W .LIAM PENN WAY P. O. BOX 10248 I.AAT?A T R, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COU Prothonotary/Clerk, Civil Division ?FEB 2 2 2010 Date: 4 ho Deputy Seal of the Court 59280-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH SYSTEMS 402 S. 2ND STREET HARRISBURG. PA 17104 RE: 59280 LISA WERNER 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: up to and including the present. Subject : LISA KOERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824800 59280-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER _VS_ CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 R1.86S 116-H DE12-0281683 59280-L08 Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER vs. File No. 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY-P! UANT TO RULE 4009.22 TO: Custodian of Records for QUANTUM IMAGING (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: * * * * SEEATTA DRIDR * * * * at The MC4 (Troup. Inc. 11 M rk 4tr t, Suite 800, Philad phoa, 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: GRECTnRV trmTZEL ESO ADDRESS: 1857 WIL IAllr DF*; WAY _P. O.. BOX 102481 LANCASTER PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: _ Defendant BY THE COURT: [FEB 2 2 2010 j -J) Prothonotary/Cl rk, Civil Division Date: 14/11,1/40 Deputy Seal of the Court 59280-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: QUANTUM IMAGING 405 SAINT JOHNS CHURCH RD SUITE 102 CAMP HILL. PA 17011 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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 : LISA WERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 22.19 116-H SUIO-0824802 59280-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS DATE: 02/05/2010 Attorney'for DEFENDANT R1.86S 116-H DE12-0281686 59280-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 08-4919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for BROADSPIRE SERVICES, INC. ??000?00?00???00?00000?0??0?00? (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 MACS Group, Inc.- 1601 Market Street Suite 800, Philade phi, 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: GREGORY HIRTZEL. ESQ. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: ?FEB 2 2 2010 Pro onotary/Clerk, Civil Division Deputy Date: 2(b /D Seal of the Court 59280-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BROADSPIRE SERVICES, INC. 5001 LOUISE DRIVE #102 MECHANICSBURG, PA 17055 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. CLAIM #2560196375 AND/OR 256CN196375 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 : LISA WERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824804 59280-LO9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the suhnnena_ DATE: 02/05/2010 R1.86S 116-H DE12-0281688 59280-LlO Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 08-4919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for PINNACLE HEALTH PHYSICAL. (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: GREGORY HIIZTZEL ESO ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER- PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COU1RT: ?J EFEB 2 2 2010 Protho /Clerk, Civil Division Date: a/140 // Deputy O Seal of the Court 59280-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH PHYSICAL THERAPY 111 SO. FRONT ST. HARRISBURG, PA 17101 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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 : LISA WERNER Social Security #: %B%-E%-1197 Date of Birth: 09-18-1955 82.19 116-H SU10-0824806 59280-LlO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 R1.86S 116-H DE12-0281691 59280-L11 Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER VS. File No. 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for AETN,A, 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 Croup, 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: GREGORY HIRTZEL. E ADDRESS: 1857 WHJJAM PRNN Vi TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant [FEB 2 2 2010 BY THE COURT: '/ /) 0 AW Pr onotary/Cler Civil Division Date: 441 t' // p Deputy Seal of the Court 59280-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AETNA. INC. 151 FARMINGTON AVE. W101 LEGAL DEPT HARTFORD. CT 06156 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ID #W141696528-01 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested up to and including the present. Subject LISA HOERF$R social security #: 162-48-1197 Date of Birth: 09-18-1955 82.19 116-H SU10-0824808 59280-L11 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER _VS_ CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 R1.86S 116-H DE12-0281694 59280-L12 Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER vs. File No. 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA (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 ATTA HFD HIDER **** at The M CS 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: GREGORY HIRTZEL ADDRESS: 1857 WR,i.IAM PENT TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant B YrTjiE COURT: Prothonotary/Clerk, Civil Division fFEB 2 2 Date: Deputy Seal of the Court 59280-12 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA 3399 TRINDLE RD. CAMP HILL, PA 17011 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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 maybe 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 : LISA WERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824810 59280-L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER _VS_ CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 R1.86S 116-H DE12-0281698 59280-L13 AUcorney ror Dzk-Ei4ijAN-i- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 0849 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MECHANIC,SBURG FAMILY (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: GREGORY HIRTZEL. ES ADDRESS: 1857 WILLIAM PENN W, TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: [FEB 2 2 2010 Prothonotary/Cl rk, Civil Division Date: o2I/(n 1/0 Deputy Seal of the Court 59280-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MECHANICSBURG FAMILY PRACTICE CENTER 122 S. FILBERT ST. MECHANICSBURG, PA 17055 RE: 59280 LISA WERNER 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 : LISA WERNER Social Security #: %x%-%%-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824812 59280-L13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS a DATE: 02/05/2010 /S GREGOR RTZEL, ESQ. Attorney for DEFENDANT R1.86S 116-H DE12-02817ol 59280-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 084919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for JULIE M. NIEDWICK DC. (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, Philmklphia, 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: GREGORY HIRTZEL. ESQ. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 L ANCASTER, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant L FEB 2 2 2010 B Y' 3;P, Prot onotary/Clerk, Civil Division Deputy Date: of b Seal of the Court 59280-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JULIE M. NIEDWICK DC. MADEIRA CHIROPRACTIC 2507 GETTYSBURG RD CAMP HILL. PA 17011 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 'for hospitals, $100.00 for all other providers. 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 : LISA HDERNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824814 59280-L14 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 GREGORY M-Ii E 4- ESQ. Attorney /or DEFENDANT R1.86S 116-H DE12-0281704 59280-L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER VS. File No. 084919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for DILISB IR HEALTH CENTER (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 dlaet Street, Suite 800, Philade p1lia, 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: GREGORY HIRTZEL. ES ADDRESS: 1857 WILLIAM PENN W, TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant B: HE COURT: c FEB 2 2 2010 Prothonotary/Clerk, Civil Division "I bo Deputy Date: Seal of the Court 59280-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DILLSBURG HEALTH CENTER 204 MUMPER LANE DILLSBURG, PA 17019 RE: 59280 LISA WERNER 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 : LISA HOSRNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824816 59280-L15 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER _VS_ CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 R1.86S 116-H DE12-0281707 59280-L16 Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 08-4919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for JOHN P. ST AIIS, M.D. (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, Saite 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: GREGORY HLRTZEL, ES ADDRESS: 1857 WILLIAM PRNN W. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: J Proonotary/Cler Civil Division FEB 2 2 2010 Date: !0 Deputy Seal of the Court 59280-16 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN P. STRATIS, M.D. 2005 TECHNOLOGY PARKWAY SUITE 440 MECHANICSBURG, PA 17505 RE: 59280 LISA HOERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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 : LISA WERNER social Security #: SX%-%5-1197 Date of Birth: 09-18-1955 [22.19 116-H SU10-0824818 59280-L16 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LISA HOERNER TERM, CUMBERLAND -VS- CASE NO: 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 R1.86S 116-H r / MCS if /S GRE RY EL,?ESQ. Attorne for DEFENDANT DE12-028171o 59280-L17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER VS. File No. 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for CUMBERLAND VALLEY OB/GYN (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: GREGORY iRTZ ADDRESS: 1857 WILLIAM PF TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: IFEB 2 2 2010 ? Al( Prothonotary/Clerk, Civil Division Date: 01-1hto L/0 Deputy Seal of the Court 59280-17 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND VALLEY OB/GYN 9 FLOWERS DRIVE SUITE 1 MECHANICSBURG. PA 17055 RE: 59280 LISA HOERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS FRO WILLIAM BOHONYI, M.D. 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 J_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 : LISA HOSRNER Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824820 59280-L17 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER -VS- CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 R1.86S 116-H DE12-0281713 59280-L18 Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 084919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TRISTAN ASSOCIA ES 00???0?D?D???EID0???000000000000 (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 AJAC'HED 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: ADDRESS: TELEPHONE: (215) 246=0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T COURT: (?-4 W'd Prothonotary/Cler , vil Division 1 FEB 2 2 2010 Deputy Date: 02f/ t-k Seal of the Court 59280-18 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCIATES 240 GRANDVIEW AVE. CAMP HILL, PA 17011 RE: 59280 LISA HOERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. 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 : LISA WERNER Social Security #: %BE-BX-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824822 59280-L18 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER _VS_ CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attachac3 to tha nntica of intent to carves tha enhnnPna_ DATE: 02/05/2010 R1.86S 116-H DE12-0261715 59280-L19 Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER VS. File No. 08-4919 CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for CENTRAL. PA. REHAB SERVICES (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 804, 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: GREGORY HIRTZEL. ESO ADDRESS: 18 57 WILLIAM PENN WAY P. O. BOX 10248 LANCASL TFL PA 17605 TELEPHONE: 12151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY HE COURT: A,2 Prothonotary/ erk, Civil Division 'FEB 2 2 2010 Date= 4-11 loL Deputy to Seal of the Court 59280-19 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA. REHAB SERVICES 3916 TRINDLE RD. CAMP HILL, PA 17011 RE: 59280 LISA WERNER 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 : LISA WERNER Social Security #: %%%-E%-1197 Date of Birth: 09-18-1955 22.19 116-H SU10-0824824 59280-L19 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LISA HOERNER _VS_ CARLISLE CARRIER CORP. & KEVIN MCKELVEY COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-4919 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/05/2010 R1.86S 116-H DE12-0281719 59280-L20 Attorney for DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA HOERNER File No. 08-4919 VS. CARLISLE CARRIER CORP. & KEVIN MCKELVEY : TO: Custodian of Records for ERIE INSURANCE CO (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 Grog, Inc.. 1601.Markat 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: GREGORY HMIT L. ESQ. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant / n Date: /6 0 Sea: of the Court B HE COURT: lzz:- LH Z?? Prothonotary/Cler Civil Division Deputy 59280-20 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE CO. 4901 LOUISE DRIVE P.O. BOX 2013 MECHANICSBURG, PA 17055 RE: 59280 LISA WERNER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY #Q06020941214 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 : LISA HOBRNSR Social Security #: XXX-XX-1197 Date of Birth: 09-18-1955 12.19 116-H SU10-0824826 59280-L20 METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 LISA HOERNER Plaintiff .:,?- RCTEON?3TAf4. , i0-A I AUG 1 2* L -1..)MBERLAND COUNT'( PEP!tNW144hor Plaintiff Lisa Hoerner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CARLISLE CARRIER CORPORATION NO. 08-4919 and KEVIN McKELVEY : Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. Dated: August, 2011 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward t. Knauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff 437718-1