Loading...
HomeMy WebLinkAbout05-0112r? ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D#: 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com ROBIN L. SCHERER and MICHAEL A. SCHERER, Plaintiffs V. CANDACE EPALIERE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2005-112 CIVIL ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiffs, Robin L. Scherer and Michael A. Scherer. O'BRIEN, BARIC & SCHERER J,? l(, Z?o21" h& Mic del A. Sc erer, Esquire I.D. #61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiffs 330484 .I1 PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Plaintiffs, Robin L. Scherer and Michael A. Scherer. ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Date: Attorney for Plaintiffs 330484 -` CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE TO WITHDRAW/ENTER APPEARANCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant Dated: e? ))--Du Mary T G is 330484 ,- ?- ?. _. ; -- ,_ r _ __? _. __ ? ?_ r.?.:. f `. r .. _' _; ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com ROBIN L. SCHERER and MICHAEL A. SCHERER, Plaintiffs V. CANDACE EPALIERE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2005-112 CIVIL ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Robin and Michael Scherer are citizens of the Commonwealth of Pennsylvania, husband and wife, adult individuals who reside in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Candace Epaliere is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 300 Deer Path Drive, Red Lion, York County, Pennsylvania, 17356. 3. The facts and occurrences hereinafter related took place on or about January 30, 2003, at approximately 12:30 p.m., on Erford Road, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Robin Scherer was operating her motor vehicle, a 2001 Chevrolet S 10 Blazer, traveling south on Erford Road. 5. At the same time, Defendant Candace Epaliere was operating her motor vehicle, traveling east, approaching Erford Road. 6. The Defendant stopped her vehicle before entering the left turn lane of Erford Road, but pulled her vehicle directly into the path of Mrs. Scherer's oncoming vehicle. 329925 7. The foregoing accident and all of the injuries and damages set forth herein sustained by Plaintiffs Robin Scherer and Michael Scherer are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Candace Epaliere operated her motor vehicle as follows: a. failure to yield the right-of-way to Mrs. Scherer's vehicle; b. failure to look to her left and see Mrs. Scherer's vehicle before pulling her vehicle into the intersection; and c. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Robin Scherer v. Candace Epaliere 8. Paragraphs 1 through 7 are incorporated herein by reference as if set forth at length. 9. Plaintiff Robin Scherer sustained painful and severe injuries, which include but are not limited to, a herniated nucleus pulposus at C4-5; and instability at C4-5 requiring an anterior cervical discectomy at C4-5 with complete decompression of the disc space and decompression of the spinal canal, as well as an anterior cervical disc arthroplasty at C4-5 with a Globus secure C implant. 10. By reason of the aforesaid injuries sustained by Plaintiff Robin Scherer, she was forced to incur liability for medical treatment, medications, chiropractic treatment, physical 329925 2 therapy, surgery, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 11. Because of the nature of her injuries, Plaintiff Robin Scherer has been advised and, therefor, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 12. As a result of the aforementioned injuries, Plaintiff Robin Scherer has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor 13. As a result of the aforementioned injuries, Plaintiff Robin Scherer has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Robin Scherer has sustained work loss, loss of opportunity, and a permanent diminution of her earning power and capacity, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Robin Scherer has undergone cervical spine surgery and as a result, has sustained surgical scar resulting in permanent disfigurement, and claim is made therefor. 16. Plaintiff Robin Scherer continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of lifetime, and claim is made therefor. 329925 3 CLAIM II Michael Scherer v. Candace Epaliere 17. Paragraphs 1 through 16 are incorporated herein by reference as if set forth at length. 18. As a result of the aforementioned injuries sustained by his wife, Plaintiff Robin Scherer, Plaintiff Michael Scherer has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Robin and Michael Scherer demand judgment against Defendant Candace Epaliere in an amount in excess of Thirty-five Thousand Dollars ($35,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANG1NO & ROVNER, P.C. Date: '?-I ? _D Lp CNa CM David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 329925 4 VERIFICATION We, Robin and Michael Scherer, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. WITNESS: Robin Sch rer 0 k- fi/L/ Michael Schere Dated: ' 11- 06 329925 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the COMPLAINT upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jenni Henley Allen, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant Dated: / -))-- VLP 329925 s; ., - :. . -. - jt _4 C.., .. ?. ?..J .. i _. ROBIN L. SCHERER and MICHAEL A. SCHERER, Plaintiffs V. CANDACE EPALIERE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- CIVIL ACTION CIVIL ACTION-LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-referenced case on behalf of the Plaintiffs, Robin L. Scherer and Michael A. Scherer, to the Defendant, Candace Epaliere. O'BRIEN, BARIC & SCHERER It.-vAr 1 6, zoo' Date: Please serve the Defendant as follows: fticha'el.GScherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Candace Epaliere 300 Deer Path Drive Red Lion, Pennsylvania 17356 'i4 1' O ?.r r? :r= tti :f r r,..a 1 f?ti Q -ti-? :I Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS ROBIN L. SCHERER AND MICHAEL A. SCHERER Plaintiff Vs. Court of Common Pleas No. 05-112 CIVIL TERM In CivilAction-Law CANDACE EPALIERE 300 DEER PATH DRIVE RED LION, PA 17356 Defendant To CANDACE EPALIERE You are hereby notified that ROBIN L. SCHERER AND MICHAEL A. SCHERER the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date JANUARY 6, 2005 By zo o., Deputy Attorney: Name: MICHAEL A. SCHERER, ESQUIRE Address: O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-249-6873 Supreme Court ID No. 61974 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHERER ROBIN L ET AL VS IERE CANDACE R. Thomas Kline Sheriff or Deputy Sheriff who duly sworn according to law, says, that he made a diligent sea and inquiry for the within named DEFENDANT , to wit: EPALIERE CANDACE but was unable to locate Her deputized the sheriff of YORK serve the within WRIT OF SUMMONS ing and County, Pennsylvani4, to On March 17th , 2005 , this office was in receipt of t attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York Cc Postage So 18.00 9.00 Tr 10.00 R: T 29.72 Sheriff of Cumberland County .74 67.46 03/17/2005 MICHAEL & ROBIN SCHERER Sworn and subscribed to before me this R day of in his bailiwick. He theref COUNTY OF YORK OFFICE OF THE SHERIFF (71j7)I771-9601L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCT PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY 1 THRU 12 DO NOT DETACH A Y COPES 1. PLAINTIFFIS/ 2. COURT NUMBER Robin L. Scherer et al - 112 civil 3 DEFENDANT/$I - r?Vr •••••• V••VV••• ?••, Candace Epaliere Writ of Stmano s ?'?i SERE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. A ACHED, OR SOLD Cand ce Evaliere 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP., STATE AND ZIP CODE) AT I -inn 1-)? Path Dive Red ion PA 17356 7. INDICATE SERVICE'. O PERSONAL ? PERSON IN CHARGE DEPUTIZE '..1 CetjTk*Llirlani41 ST CLASS MAIL U PO TED U OTHER NOW January 1.0 20 05 (, SHERIFF OF VOW COUNTY, PA, 5o hereby dep Itize sheriff of York COUNTY to execute this-1NriYfd<4nake return they -the to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF QOWCOUNVY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. rland u: ua r please mail return of service to CTUnberland County Sheriff. Thank you. CIRP) ?R AND M)TIANC; FEE PD 3I S.ZtTFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN . Any deputy shenff levying upon or attaching any property under with writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, vdthout liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY 1 ORIGINATOR and SIGNATURE r L PHON NJIMBE 1 tr DATE F)IE)EO '3 C, ( l1,_,L g_ _ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This. area must be completed tt notice is to be mailed). 0171, „l Li"?!a Cf) ?, .x.'F SPACE BELOW FOR USE OF THE SHE W - DO NOT WRITE BELOW THIS LM 13, 1 acknowledge receipt of the writ 14. DATE R15t6f jE4-- ) _) 15 Esplfa *P)H ring Date of complaint as ind dated above. . )- ?') 16. HOW SERVED'. PERSONAL RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE OTHER( ) EE REMARKS BELOW 17. U 1 hereby certify and return a NOT FOUND because I am unable to locale the individual. company, etc. named above. (See remarks below.) 18 E NOT L OF IND!I SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Serv 11 -Ice 20. Time of Service L I - H-a 3. 21. ATTEMPTS p*e Time Mires Int. Date Time Miles Ink Date Time Miles Int. Date Time Miles Int. Dale Time Miles Inl Oat Time MAes Int. `/ , 71? I'?5 5VC L? 22. REMARKS: \Cl/ 24. Service Costs) 25 . NIF 1 26. 14. Foreign County Costs 35: Advance Costs 3t 1. AFFIRand subsc to befQfe me Ihis? 2. day of . 20 r 43 u Sea! I James V_ Vane an, Notary PUbtlC I City of Yor§, ` . -k County, PA My Commission area Mar. 21, 201 28. Sub Total 129 . Pound 3? or 44 Signature of p / Dep. Sher8 !/r d DATE 46 Signature W Wk 47 DATE 48. Signature of Forego 49 DATE I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 51 WHITE - Issuing Authority 2. PINK, Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Oli 1` :'. ?l t ' ? fiu11 q0 ??. cl U 1 ; ;', ? , ? .,?? ? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA y d fb?/?/ PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBIN & MICHAEL SCHERER TERM, CUMBERLAND -vs- CASE NO: 2005-112 CANDACE EPALIERE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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. on beha f ?t DATE: 06/20/2006 CASE SHORE, A orney for DE11-632125 2-2258-L 0 3- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS CENTRAL PA REHABILITATION SVCS MEDICAL RECORDS & XRAYS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS & XRAYS PINNACLE HEALTH P.T. MEDICAL RECORDS & XRAYS TO: MICHAEL SCHERER, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/31/2006 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333413 22258-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPAEDIC 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 ATTACHED RIDER**** at The M .roilp Inc 1601 Market Street Suite 800, Philade?pbiA PA 19101 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRT B TR . PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C URT: yt Prothono Clerk, Di ' on A IN 2 0 2006 Deputy Date: 02?/ t a66., Seal of the Court 22258-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 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 : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.09S 133-H SU10-0624554 22258-LO1 CERTIFICATE IN THE MATTER OF: PREREQUISITE TO SERVICE OF A SUBPOENA //,?f ? PURSUANT TO RULE 4009.22 b+j ,121J V I r?t COURT OF COMMON PLEAS ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE TERM, CUMBERLAND CASE NO: 2005-112 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 06/20/2006 MrC on behalf CASEY 0 E At' rney for DEFENDS DE11-632126 2 2 2 5 8- L O 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS CENTRAL PA REHABILITATION SVCS MEDICAL RECORDS & XRAYS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS & XRAYS PINNACLE HEALTH P.T. MEDICAL RECORDS & XRAYS TO: MICHAEL SCHERER, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/31/2006 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333413 222.578-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CASSES CHIROPRACTIC CLINIC (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 MCC Croup Inc 1601 Market Street. Suite 800 Philadelpbia 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 2 0 2006 Date: "4y C/ D-006 r I Seal of the Court BY THE C T: Protho tary/C1! tviI Sion Deputy 22258-02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE ®? L COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-112 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 06/20/2006 DE11-632127 2 2 2 5 8- L C) 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS CENTRAL PA REHABILITATION SVCS MEDICAL RECORDS & XRAYS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS & XRAYS PINNACLE HEALTH P.T. MEDICAL RECORDS & XRAYS TO: MICHAEL SCHERER, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/31/2006 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA .19103 (215) 246-0900 R1.09S 133-H DE02-0333413 22258-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL PA REHABILITATION SVCS (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 MCC 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 8 0 2006 Date: l "Q / 'y >1' Seal of the Court BY OURT; Pro onotary/ Civil 'sion Deputy 22258-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR CENTRAL PA REHABILITATION SVCS 3552 OLD GETTYSBURG ROAD SUITE 100 CAMP HILL, PA 17011 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 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 : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.09S 133-H SU10-0624558 22258-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA J/j? PURSUANT TO RULE 4009.22 0%71414/ IN THE MATTER OF: COURT OF COMMON PLEAS ROBIN & MICHAEL SCHERER TERM, CUMBERLAND -VS- CANDACE EPALIERE CASE NO: 2005-112 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 06/20/2006 DE11-632128 22258-L 04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS CENTRAL PA REHABILITATION SVCS MEDICAL RECORDS & XRAYS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS & XRAYS PINNACLE HEALTH P.T. MEDICAL RECORDS & XRAYS TO: MICHAEL SCHERER, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/31/2006 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333413 22258-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERIE INSURANCE GROUP (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 H , RIDER **** at The MCC CTE=. Inc 1601 Market Street Suite 800 Philadeln is 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 2 0 2006 BY OURT:, Pro onotary/C1,er1 vil Di Sion Deputy Date: &?.i .?t-l , ?66L T-' Seal of the Court 22258-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR ERIE INSURANCE GROUP 4901 LOUISE DRIVE P.O. BOX 2013 MECHANICSBURG, PA 17055 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 Date of Loss: 01/30/2003 R1.09S 133-H SU10-0624560 22258-LO4 CERTIFICATE IN THE MATTER OF: PREREQUISITE TO SERVICE OF A SUBPOENA ?^a'),#,I P, PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE TERM, CUMBERLAND CASE NO: 2005-112 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 06/20/2006 biE, lf S^Y ESQ. Att ney for DEFE ANT DE11-632129 2 2 2 5 8- L O 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS CENTRAL PA REHABILITATION SVCS MEDICAL RECORDS & XRAYS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS & XRAYS PINNACLE HEALTH P.T. MEDICAL RECORDS & XRAYS TO: MICHAEL SCHERER, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/31/2006 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333413 22258-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NEUROLOGY CENTER INS (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 MCC Croun 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE QURT: Protho to otary/Cl C' 'l Di ion JUN 2 0 2006 Date: a y ?2 66 h Deputy Seal of the Court 22258-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY CENTER, INC. 897 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 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 : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.09S 133-H SU10-0624562 22258-LO5 CERTIFICATE IN THE MATTER OF: PREREQUISITE TO SERVICE OF A SUBPOENA /// PURSUANT TO RULE 4009.22 ®? ?/? / COURT OF COMMON PLEAS ` ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE TERM, CUMBERLAND CASE N0: 2005-112 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, E 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: 06/20/2006 DE11-632130 2 2 2 5 8- L C) 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS & XRAYS CENTRAL PA REHABILITATION SVCS MEDICAL RECORDS & XRAYS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS & XRAYS PINNACLE HEALTH P.T. MEDICAL RECORDS & XRAYS TO: MICHAEL SCHERER, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/31/2006 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.09S 133-H DE02-0333413 22258-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HEALTH P T (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 MER **** at The M Crr= 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: CASEY SHORE. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Proth notary/C evil Divi on JUN 2 0 2006 NJ aVi 61 ) Deputy Date: Seal of the Court 22258-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH P.T. 2601 NORTH THIRD STREET HARRISBURG, PA 17101 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 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 : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.09S 133-H SU10-0624564 22258-LO6 ?, , ? ,? : ? :`n r : i _ V ? ?- f ^-..> „ n '_-i r :O 4:; ROBIN L. SCHERER and, MICH EL A. SCHERER, Plaintiffs VS. EPALIERE„ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 -112 - CIVIL ACTION CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO E PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, Epaliere, with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY Date: By: y . S ore, Esquire I.D. o. 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 1 CERTIFICATE OF SERVICE NOW, this day of July, 2006, 1 hereby certify that I have served the PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, to: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 ti. s G. Shore, Esquire I ROBIN L. SCHERER and, IN THE COURT OF COMMON PLEAS MICH EL A. SCHERER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. NO. 2005 -112 -CIVIL ACTION CAN E EPALIERE„ Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO E PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Candace with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By: Date: e nl Henley Allen, Esquire .D No. 84311 2 11 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 101-day of July, 2006, 1 hereby certify that I have served the PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 r ?... . , .1 .... .._I _. r;, 2o?i K:') ROBIN L. SCHERER and, : IN THE COURT OF COMMON PLEAS MICHAEL A. SCHERER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. NO. 2005 -112 - CIVIL ACTION CANDACE EPALIERE, Defendant CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of the Defendant, Candace Epaliere, for the Verification previously submitted along with Defendant's Answer to Complaint with New Matter. Respectfully submitted, NEALON GOVER & PERRY By: Date: Jenni He Ilen, Esquire I.D. No 84 11 2411 orth ront Street Harrisb g, A 17110 717/232- CERTIFICATE OF SERVICE AND NOW, this ` day of September, 2006, 1 hereby certify that I have served the foregoing PRAECIPE TO SUBSTITUTE VERIFICATION on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David Lutz, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 17110 VERIFICATION I, CANDACE EPALIERE, verify that the statements made in the foregoing ANSWERS TO COMPLAINT WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 8 O(D AdON 4?Z" CANDAC EPALIERE ? ` ' ? ? ;Y c?.] -- '"C`t C? cs? ..? ' ?,?°? . ?', ., _ ? -C7 ? T1 't ? i- ._ , -? ? Y , .? _T ?? _ ? _,; - ?. ,' tea ? --- :.:? ?; ROBIN L. SCHERER and, MICHAEL A. SCHERER, Plaintiffs VS. CANDACE EPALIERE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 -112 - CIVIL ACTION CIVIL ACTION - LAW NOTICE TO PLEAD TO: Robin L. Scherer and Michael A. Scherer C/o David Lutz, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON GOVER & PERRY By: Date: 10) ab Jen i Henley-Allen, Esquire I. D. Z?. 84311 241 orth Front Street Harrisburg, PA 17110 717/232-9900 ROBIN L. SCHERER and, MICHAEL A. SCHERER, Plaintiffs VS. CANDACE EPALIERE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 -112 - CIVIL ACTION CIVIL ACTION - LAW ANSWER TO COMPLAINT 1-5. Admitted based upon information and belief. 6-7. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiffs. CLAIM I - ROBIN L. SCHERER v. CANDACE EPALIERE 8. No response required. 9-16. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiffs. CLAIM II - MICHAEL SHERER v. CANDACE EPALIERE 17. No response required. 18. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiffs. NEW MATTER 19. Paragraphs 1-18 are incorporated herein as if reference were made thereto. 20. The Plaintiffs' claim may be barred in whole or in part by the application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiffs. Respectfully submitted, NEALON GOVER & PERRY By: Date: 6 O Ten Henley Allen, Esquire I . D. N . 84311 241\1 rth Front Street Harn urg, PA 17110 717/232-9900 VERIFICATION I, Jenni Henley Allen, Esquire, make this Verification on behalf of the Defendant, Candace Epaliere, a knowledgeable representative of which is currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing Answer to Complaint With New Matter are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: -L( I 1w, CERTIFICATE OF SERVICE AND NOW, this I?'day of October, 2006, 1 hereby certify that I have served the foregoing ANSWER TO COMPLAINT WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David Lutz, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 17110 C7 Q ? rn n , Fvrn ROBIN L. SCHERER and, MICHAEL A. SCHERER, Plaintiffs VS. CANDACE EPALIERE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 -112 - CIVIL ACTION CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of the Defendant, Candace Epaliere, for the Verification previously submitted along with Defendant's Answer to Complaint with New Matter. Respectfully submitted, NEALON GOVER & PERRY Date: By: Ten i Henley Allen, Esquire I.D. 0. 84311 2411 North Front Street Harris rg, PA 17110 717/232-9900 I t VERIFICATION I, CANDACE EPALIERE, verify that the statements made in the foregoing ANSWER TO COMPLAINT WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: l? O-P CANDAC EPALIERE CERTIFICATE OF SERVICE AND NOW, this` day of November, 2006, 1 hereby certify that I have served the foregoing PRAECIPE TO SUBSTITUTE VERIFICATION on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 r.a .a L PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court () for trial without a jury CAPTION OF CASE (entire caption must be stated in full) ROBIN L. SCHERER and MICHAEL A. SCHERER, Plaintiffs V. CANDACE EPALIERE, Defendant (check one) () Assumpsit () Trespass (X) Trespass (Motor Vehicle) Q Other The trial list will be called on 8-21-07 and . Trials commence on 9-17-07. Pre-trials will beheld on 8-29-07 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 2005-112 Civil Action Indicate the attorney who will try case for the party who files this praecipe: David L. Lutz, Esquire, 4503 N. Front Street, Harrisburg, PA 17110. Indicate trial counsel for other parties if known: Nicole Werner, Esquire, 101 S. Duke Street, York, PA 17403. This case is ready for trial. Signed: Print Name: David L. Lutz, Esquire Date: 5-8-07 354675 Attorney for Plaintiff(s) ORIGINAL C? ° - n 70 4 rn ic , G 'O j ` CERTIFICATE ORIGIN* PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBIN & MICHAEL SCHERER TERM, CUMBERLAND -VS- CASE NO: 2005-112 CANDACE EPALIERE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 03/29/2007 ?IyCSo''n be alf of ?CASEYORE, ESQ.t/ _ Attorney for DEFENDANT R1.33 133-H DE12 22258-L07 ' Hrm. G.GCCIf. ?G-mac l'1 HI'Ibl1w of mvmtm rirl.-rH. IIV.JGb I".1 f. f i (215) ?R6 -0900 Fan Numbex (? ?A6.0959 URGENT!!!!! URGENT!!!!! URGENT!!!!! MARCH 29, 2007 ROBIN SC" MM ROBIN' & MICHAEL SCMRER vs CANDACE VALiI;RE NBALON, GOVER, BT AL CASEY SHORE, ESQ. - (717) 236-9119 We have been tnquested by the above-madonM oamd to obtain matetial on an expedited basis from the below HWd cadoaim. In orb m comply with tt agow we must ba+?e ' signature icating tbat you waive the ta?e*-day noire period provided is Rules 4009.21 Bad 4009-?.2. Please fax this form to W immediate at (215) 24640959 with YMAPIRn so that we may comply widt this rgeet. Your aoopmWon world be greatly gVmiatsd. Sincerely, CAROL EU MiLTON d- ORTHOPRDIC INSTt'IUM OF PA. MEDICAL RECORDS & XRAYS CASH CHRtOPRACTIC C JMC - MEDICAL RECORDS CENTRAL PA RRE AD=ATION SVGS- MEDICAL RECORDS MUE WSURANCfi GROUP -INSURANCE NEUROLOGY CEITER, INC. - MMCAL RECORDS F XACLE HEALTH PAYS. THERAPY - MEDICAL RECORDS Coamsel: DAVID L. LUTZ, ESQ. (717) 238-56 0 I agree to Wat" waiting p?? Date: q.307 ` Copies: Ye51)ZNo_ I agree to pay the Invoice provided v?ids d* docuM Review Docnmem : Yes NoA,,- 'Adyise of Cost I do not agues to waive rWC. Dam: $oft Info: ram i n 4- OJ-V er, S S ? -7q , 0c) 5 ? f?:) MWI-0005219 ZMM?CW COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS CENTRAL PA REHABILITATION SVCSMEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS PINNACLE HEALTH PHYS. THERAPY MEDICAL RECORDS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 03/29/2007 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.33 133-H D3302-0358985 22258-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER vs. CANDACE EPALIERE File No. 2005-112 ,.? SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 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 ATTACHED RIDER * * * * at The MCS Groff Inc 1601 Market Street Suitd 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: CASEY SHORE. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG PA 17110 TELEPHONE: ? ) 246-0 100 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T OURT: Pro onota , ivil ivision Deputy Date: Seal of the Court 22258-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA. 3399 TRINDLE RD CAMP HILL, PA 17011 RE: 22258 ROBIN SCHERER 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: from: 08-01-2006 to the present. Subject : ROBIN SCHERER 290 FAIRVIHW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.33 133-H SU10-0677652 22258-LO7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CA/G/NA( COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-112 CANDACE EPALIERE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 03/29/2007 XIS on beh2- Q U qcsixy ESQ Attorney for DEFENDANT R1.33 133-H DE12 22258-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS CENTRAL PA REHABILITATION SVCSMEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS PINNACLE HEALTH PHYS. THERAPY MEDICAL RECORDS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 03/29/2007 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.33 133-H D802-0358985 22258-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER vs.. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400932 TO: Custodian of Records for CASSES CHIROPRACTIC CLINIC (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 GraU- 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: CASEY SHORE. ESQ. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: LAS Pro onotary/ , C it vision Deputy Date: d Seal of the Court 22258-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CASSES CHIROPRACTIC CLINIC 313 S. HANOVER STREET CARLISLE, PA 17013 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: from: 09-01-2006 to the present. Subject : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.33 133-H SU10-0677654 22258-L08 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- GRIGMUI COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-112 CANDACE EPALIERE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 03/29/2007 M CS on beh??f ? _ ESQ ? Attorney for DEFENDANT R1.33 133-H DE12 22258-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS CENTRAL PA REHABILITATION SVCSMEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS PINNACLE HEALTH PHYS. THERAPY MEDICAL RECORDS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 03/29/2007 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.33 133-H D1902-0358985 22258-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR TM NGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for CENTRAL PA REHABILITATION V (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 MC 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 itg 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: CASEY SHORE. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISBURG- PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T OURT: Prot onotary/C vil ivision Deputy Date: poazu Seal of the Court 22258-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA REHABILITATION SVCS 3552 OLD GETTYSBURG ROAD SUITE 100 CAMP HILL. PA 17011 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: from: 07-01-2006 to the present. Subject : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.33 133-H SU10-0677656 22258-LO9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- OA/G/NAl COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-112 CANDACE EPALIERE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE,-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: 03/29/2007 CS?on behdlf of EYORE, ESQ Attorney for DEFENDANT R1.33 133-H DE12 22258-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS & XRAYS CASSES CHIROPRACTIC CLINIC MEDICAL RECORDS CENTRAL PA REHABILITATION SVCSMEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS PINNACLE HEALTH PHYS. THERAPY MEDICAL RECORDS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, ESQ. intends to serve a subpoena, identical to the one that is attached to this notic'e:Arou 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: 03/29/2007 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.33 133-H DE02-0358985 22258-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ERIE INSURANCE GROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** _ at The MCS Groun. Inc.. 1601 Market Street. Suite 800. Philadelpbi , 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: CASEY SHORE. ESO. ADDRESS: 241.1 NORTH FRONT STREET HARRISBURG PA 17110 TELEPHONE: 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prot ono , Ci 1 Division Date: Pnn I-L Seal of the Court Deputy 22258-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ERIE INSURANCE GROUP 4901 LOUISE DRIVE P. 0. BOX 2013 MECHANICSBURG, PA 17055 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. CLAIM #:662178 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: from: 11-01-2006 to the present. Subject : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 Date of Loss: 01/30/2003 R1.33 133-H SU10-0677658 22258-LlO CERTIFICATE ORIGIAW PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBIN & MICHAEL S, CANDACE EPALIERE As a prerequisite to Rule 4009.22 COURT OF COMMON PLEAS ?HERER TERM, CUMBERLAND -VS- CASE NO: 2005-112 to service of a subpoena for documents and things pursuant MCS on behalf of CASEY SHORE, 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: 03/29/2007 M So6n be l f of EY ORE,E Q . Attorney for DEFENDANT R1.33 133-H DE12 22258-L11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS & XRAYS LASSES CHIROPRACTIC CLINIC MEDICAL RECORDS CENTRAL PA REHABILITATION SVCSMEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS PINNACLE HEALTH PHYS. THERAPY MEDICAL RECORDS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 03/29/2007 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.33 133-H DE02-0358985 22258-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for NEUROLOGY CENTER. INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street, Suite 800. 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: CASEY SHORE. ES ADDRESS: 2411 NORTH FROI\ TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY 7 OURT: Pro ono / , iv' Division Deputy Date: AA IL 2667 Seal of the Court 22258-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY CENTER, INC. 897 POPLAR CHURCH RD. SUITE 107 CAMP HILL, PA 17011 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: from: 07-01-2006 to the present. Subject : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.33 133-H SU10-0677660 22258-Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- GA/G/N,4? COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-112 CANDACE EPALIERE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CASEY SHORE, 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: 03/29/2007 rjqS on behalf of US 4,&ItQ Attorney for DEFENDANT R1.33 133-H DE12 22258-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ROBIN & MICHAEL SCHERER -VS- CANDACE EPALIERE COURT OF COMMON PLEAS TERM, CASE NO: 2005-112 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT. TO RULE 4009.21 ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS & XRAYS LASSES CHIROPRACTIC CLINIC MEDICAL RECORDS CENTRAL PA REHABILITATION SVCSMEDICAL RECORDS ERIE INSURANCE GROUP INSURANCE NEUROLOGY CENTER, INC. MEDICAL RECORDS PINNACLE HEALTH PHYS. THERAPY MEDICAL RECORDS TO: DAVID L. LUTZ, ESQ., PLAINTIFF COUNSEL MCS on behalf of CASEY SHORE, 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: 03/29/2007 CC: CASEY SHORE, ESQ. - 06-386 PATRICIA HOFFMAN - 1554554400 Any questions regarding this matter, contact MCS on behalf of CASEY SHORE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.33 133-H DE02-0358985 22258-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBIN & MICHAEL SCHERER VS. CANDACE EPALIERE File No. 2005-112 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HEALTH PHYS THERAPY (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 Grown Inc 1601 Market Street,, Suite 800, Philadelphia. PA 11103 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: CASEY SHORE. ESO. ADDRESS: 2411 NORTH FRONT STREET HARRISRi1R(t_ PA 17110 TELEPHONE: X46-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T O T: Prot onotary/Cl it Division Deputy Date: Seal of the Court 22258-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH PHYS. THERAPY 2501 N. THIRD STREET HARRISBURG, PA 17110 RE: 22258 ROBIN SCHERER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : ROBIN SCHERER 290 FAIRVIEW STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-8963 Date of Birth: 06-08-1969 R1.33 133-H SU10-0677662 22258-L12 ,-., r.? ? -_, ---{ ,. ? -- t..:. ?-? ?, ,„? #4 ROBIN L. SCHERER and IN THE COURT OF COMMON PLEAS OF MICHAEL A. SCHERER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2005-112 CIVIL TERM CANDACE EPALIERE, Defendant JURY TRIAL DEMANDED ? C7 IN RE: PRETRIAL CONFERENCE Z F- (1--) A pretrial cri:f W conference was held on Wedr?4 dayp ?7 August 29, 2007, before the Honorable Edward E. Guido -i-Judgt. Present for the Plaintiffs was David L. Lutz, Esquire,Z?6ndt present for the Defendant was Nicole M. Werner, Esquire. This is a straightforward motor vehicle accident in which the Defendant is admitting negligence. The only issues are comparative negligence on behalf of the Plaintiffs, factual cause and damages. Both counsel are involved in this case and No. 7, Boulden v. Hiller. This case will take two days to try. It is suggested that this case follow the Boulden case and both be assigned to the same judge. There are no witness problems or other time conflicts. Settlement negotiations are ongoing, but settlement does not appear to be likely.. B Edward E. Guido, J. David L. Lutz, Esquire Nicole M. Werner, Esquire Attorney for Plaintiffs Attorney for Defendant srs Court Administrator w4k. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Ilarr-sburg, PA. 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com ROBIN L. SCHERER and MICHAEL A. SCHERER, Plaintiffs V. CANDACE EPALIERE, Defendant To the Prothonotary of Cumberland County: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2005-112 CIVIL ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Date: 4Davi Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs ORIGINAL 329924 ...14, CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Nicole Werner, Esquire Nealon, Gover & Perry 101 S. Duke Street York, PA 17403 Attorney for Defendant Dated: i' ; ? '0 329924 t? C D t