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HomeMy WebLinkAbout02-4940RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OK "- 'q~/~O GATES & ASSOCIATES, P.C.; GATES, HALBRUNER & : HATCH, P.C., Successor to GATES & ASSOCIATES, P.C.; : CIVIL DIVISION - LAW AND MARK E. HALBRUNER, ESQUIRE, Individually : Defendants : NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER TH1S COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 FAlL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S. Plaintiff RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S. Plaintiff GATES & ASSOCIATES, P.C.; GATES, HALBRUNER & HATCH, P.C., Successor to GATES & ASSOCIATES, p.c.; : AND MARK E. HALBRUNER, ESQUIRE, Individually Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. CIVIL DIVISION - LAW COMPLAINT The Plaintiff, RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S., by his attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of TWO THOUSAND, TWO HUNDRED FIFTY ($2,250.00) DOLLARS, along with interest thereon from November 12, 2000, upon a cause of action of which the following is a statement: 1. The Plaintiff, RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S., is a professional person, with a place of business and office at 1425 Portland Avenue, Rochester, New York 14621-3095. 2. The Defendant, GATES & ASSOCIATES, P.C., is a professional corporation organized and existing under the Laws of the Commonwealth of Pennsylvania, with a registered principal office at 1013 Mumma Road, Suite 100, Lemoyne, Cumberland County, Pennsylvania 17043. 3 The Defendant, GATES, HALBRUNER & HATCH, P.C., is a professional corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 1013 Mumma Road, Suite 100, Lemoyne, Cumberland County, Pennsylvania 17043, and is successor to GATES & ASSOCIATES, P.C., a professional corporation organized and existing under the laws of the Commonwealth of Pennsylvania. F:\USER\BONNIEJO\COMP\WORK\28689COM.WPD:26Sep02 4. The Defendant, MARK E. HALBRUNER, Esquire, is an adult individual, and a professional person, maintaining an office and practice of law at 1013 Mumma Road, Suite 100, Lemoyne, Cumberland County, Pannsylvania 17043. 5. Between the dates of October 9, 2000, and October 12, 2000, Plaintiffdid provide professional services to Defendants at the special request of Defendants. 6. The prices charged for said professional services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendants promised and agreed to pay Plaintiff therefor. 7. The balance due and owing by Defendants to Plaintiff is the sum of Two Thousand, Two Hundred Fifty ($2,250.00) Dollars, as appears by the Invoice hereto attached, marked as Exhibit "A" and made a part hereof. 8. Plaintiff has frequently demanded payment from Defendants of said amount due and owing as aforesaid, but Defendants have refused and neglected and still refuse and neglect to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of TWO THOUSAND, TWO HUNDRED FIFTY ($2,250.00) DOLLARS, together with interest thereon from November 12, 2000. Respectfully submitted, KNUPP, & IMBLUM, P.C. rt D. Kodak ~.. 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\COMP\WORK\28689COMWPD:26Sep02 2 10:40- 11:15 PM .6 Oc~M~ 10,, 2~0D I~dew Gr ~cf:w~s 7:00 PM - 8:00 pwl 1.0 OC~MMS' 10, 2000 R, mq~dsw ~d' ~mflfs 10:30 PM_ 11:00 PM Oclnl~f' 11, 2(XlO PlMmt ~ w/I~'. Halb~uaer S:10 P~,-- 11, 3080 ~ ~t* LMMr 10:30 Pt'l - 11:30 PM 1.0 I::)C/i:~M~ 12, 21~0 : Traltll~:rllM~ Of Ics~ 10:30 &IH - 11:qs ~ 1.4 SSN No.: TM ommm~ due S2,25e I, RAYMOND $. LA NZAFAIV~. verify that ~t,,tement~ msde in r~e ~foregoi~g doc~cnt &re ~c and eor~cL I under~and false atat~e~ he.in ~e made ~ubject to ':he penalt~e~ of 18 Pa. C, 5, ~490~.: relating ~ unswom falsification ~ au~oritie~, 28689 F:'~SE~BO~:E$O\COMP\WO]a..K\28639COM W~D'265~02 SHERIFF'S RETURN CASE NO: 2002-04940 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANZAFA-ME 9-AYMOND J MD VS GATES & ASSOCIATES PC ET AL - REGULAR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GATE & ASSOCIATES P C the DEFENDANT , at 1626:00 HOURS, on the 16th day of October at 1013 MUMMA ROAD SUITE 100 2002 LEMOYNE, PA 17043 by handing to MARK E HALBRUNER OWNER/PARTNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this R/~.~ day of ~ e~_~ ~ A.D. ~rothonotary ' ' ' So Answers: R. Thomas Kline 10/17/2002 M~UM Y KNUPP KODAK I By: /~-- '~h{ ff~~ Deputy S eri SHERIFF'S RETURN - CASE NO: 2002-04940 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND L~LNZAF~kME RAYMOND J MD VS GATES & ASSOCIATES PC ET AL REGULAR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GATES, HALBRUNER & HATCH P C the DEFENDANT at 1626:00 HOURS, on the 16th day of October , 2002 at 1013 MUMMA ROAD SUITE 100 LEMOYNE, PA 17043 MARK E PIALBRUNER a true and attested copy of by handing to OWNER/PARTNER COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this x~ day of 0~ ~ A.D. 'Pgothonotary' So Answers: R. Thomas Kline 10/17/2002 ~ KNUPP KODAK IMBLUM Deputy Sheriff SHERIFF' S RETURN - CASE NO: 2002-04940 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LDJqZAFAME t%AYMOND J MD VS GATES & ASSOCIATES PC ET AL REGULAR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HALBRUNER MARK E ESQUIRE the DEFENDANT at 1626:00 HOURS, on the 16th day of October , 2002 at 1013 MUMMA ROAD SUITE 100 LEMOYNE, PA 17043 by handing to MARK E HALBRUNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2/~ day of ~ ~2~O~ A.D. Prothonotary So Answers: R. Thomas Kline 10/17/2002 ~ KNUPP KODAK I~~By: Deputy Sheriff RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S. Plaintiff GATES & ASSOCIATES, P.C.; GATES, HALBRUNER & : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4940 Civil HATCH, P.C., Successor to GATES & ASSOCIATES, P.C.; : C1VIL DIVISION - LAW AND MARK E. HALBRUNER, ESQUIRE, Individually : Defendants : NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 AGAlNST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI,EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S. Plaintiff RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S. Plaintiff GATES & ASSOCIATES, P.C.; GATES, HALBRUNER &: HATCH, P.C., Successor to GATES & ASSOCIATES, : P.C.; and MARK E. HALBRUNER, ESQUIRE, : Individually : Defendants : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4940 Civil 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. CIVIL DIVISION - LAW AMENDED COMPLAINT The Plaintiff, RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S., by his attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of TWO THOUSAND, TWO HUNDRED FIFTY ($2,250.00) DOLLARS, along with interest thereon from November 12, 2000, upon a cause of action of which the following is a statement: 1. The Plaintiff, RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S., is a professional person, with a place of business and office at 1425 Portland Avenue, Rochester, New York 14621-3095. 2. The Defendant, GATES & ASSOCIATES, P.C., is a professional corporation organized and existing under the Laws of the Commonwealth of Pennsylvania, with a registered principal office at 1013 Mumma Road, Suite 100, Lemoyne, Cumberland County, Pennsylvania 17043. F:\USER\BON NIEJO\COMP\WORK\28689AM D-COM.wpd: 17Jan03 3 The Defendant, GATES, HALBRUNER & HATCH, P.C., is a professional corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 1013 Mumma Road, Suite 100, Lemoyne, Cumberland County, Pennsylvania 17043, and is successor to GATES & ASSOCIATES, P.C., a professional corporation organized and existing under the laws of the Commonwealth of Pennsylvania. 4. The Defendant, MARK E. HALBRUNER, Esquire, is an adult individual, and a professional person, maintaining an office and practice of law at 1013 Mumma Road, Suite 100, Lemoyne, Cumberland County, Pennsylvania 17043. 5. On or about October 5, 2000, Plaintiff was contacted by one Greg Kane, M.D., of Med~Mal Experts, Inc., a brokerage firm specializing in providing referrals of expert witnesses in the medical field to attorneys in need of same. Dr. Kane did follow up said contact with written correspondence to Plaintiff, a true and correct copy of which is attached hereto, marked as Exhibit"A" and made a part hereof. Said correspondence clearly sets forth that Defendants were provided Plaintiff's name and credentials. 6. The underlying agreement for the provision of services to be provided by Plaintiffto Defendants is between Defendants and Med-Mal Experts, Inc. Plaintiff is not privy to a copy of said agreement and, when contacted, Med-Mal Experts, Inc. declined to provide a copy to Plaintiff. Therefore, Plaintiff does not have an actual written agreement for the provision of services; however, proof of the refen'al of Plaintiff by Med-Mal Experts, Inc. to Defendants is set forth in Plaintifffs Exhibit "A" attached hereto and made a part hereof. F:\US ER\BONNIEJO\COMP\WORKL28689AMD-COM.wpd: 17Jan03 2 7. Defendants did ultimately contact Plaintiff and Plaintiff provides a true and correct copy of correspondence between himself and Med-Mal Experts, Inc. acknowledging the referral and the contact by Defendants of Plaintiff. Said copy of the correspondence is attached hereto, marked as Exhibit "B" and made a part hereof. 8. Plaintiff did receive information and records from Defendants or Defendants' agent, reviewed same and did render a written opinion to Defendants on or about October 12, 2000. A sanitized version of the Plaintiff's opinion, due to the content of same, rendered to Defendants is attached hereto, marked as Exhibit "C" and made a part hereof. 9. Defendants did once again contact Plaintiffregarding provision of services and Plaintiffdid respond in writing on or about January 19, 2001. A true and correct copy of said response is attached hereto, marked as Exhibit "D" and made a part hereof. 10. The fees charged for said professional services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendants promised and agreed to pay Plaintiff therefor. 11. The balance due and owing by Defendants to Plaintiff is the sum of Two Thousand, Two Hundred Fifty ($2,250.00) Dollars, as appears by the Invoice hereto attached, marked as Exhibit "E" and made a part hereof. 12. Plaintiff acknowledges that Defendants did suggest that Plaintiff should seek payment from another source, i.e. Defendants' client, however all arrangements for services to be rendered were made by Defendants, the F:\US ER\BONNIEJO\COM P\WORK\28689AM D-COM.wpd: 17Jan03 3 services were rendered to Defendants and all contact regarding the case for which the expert opinion was sought was between Defendants, Med-Mal Experts, Inc. acting as an agent of Defendants, and Plaintiff and, therefore, Defendants, ultimately, are liable for payment of the fees due and owing to Plaintiff for professional services rendered. 12. Plaintiff has frequently demanded payment from Defendants of said amount due and owing as aforesaid, but Defendants have refused and neglected and still refuse and neglect to pay said amount of any part thereof. WHEREFORE, Plaintiffbrings this suit to recover from Defendants the sum of TWO THOUSAND, TWO HUNDRED FIFTY ($2,250.00) DOLLARS, together with interest thereon from November 12, 2000. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\US ER\BONNIEJO\COM P\WOl~K\28689AM D-COM.wpd: 17Jan03 4 Dr. Raymond Lanzathme 103 Ked Cedar Drive Rochester. New York 14616 Gll,[G KANE, MD Thursday, October 0S, 2000 Dear Dr. Lanzafam¢, Thanks a bunch for taking the medical-legal consulting refer31. I've foxed your particulars to: Mr Mark. Halbrurier Gates astd Associates, PC 1013 Mamma Road, Suite Lemoyne, Pcngsylvania .I 7043 Phone: 71%731-9600 Fa, x: 717-731-9627 i guaramee attorneys 1'11 send them to a well qualified expert whose credentials, fees, experience, location,' etc. are satisfactory to them. Mr. ~talbmner'~ office should be calling you in the next couple weeks to discuss your qualifice'tians, fees and 'co arranSe the logistics of gcning you thc records. (I say should ii, stead of will because attom,y~ a°metimcs wait months' to call.) Mr. Iqalbmncr does ulaclei'sland - a..nd h~ $[glled a C(:,ntract indicating- I specifically do not guarantee your opinion will agree with his side of thc ease. Once xhe referral is made, I'm out or,he picture logistically. You and Mr. Halbruner wilt work oat billing, scheduling, record s!/ipping, etc. between yomselvcs. I recommend to my docs that they insist oft getting 'paid before they perI'on~t a serdc~ r~ther than a~er. If you have an: q,,esa,,~ ,., ,all please gige'me a ',:all. Good luck, gO S~TTgggggg ~T:TT ~00glOT/TO LA~ER CTR..'P..T LAN~AFAME MD viaHealth Rochester General Hospital 716 338-~$05 October 17, 2000 Greg Kane. MX) M~..D-MAL EXI)ERTS, I'NC 10785 ~Z Cresfline Place Englewood, Colorado 801 l I Dear Dr Kane: I am writing this note in order to thank you for arranging the medicolegal consulting referral with Mr. Halbmner of Gates and Associates, PC, In this regard, you will be pleased to know that he has already been in contact with mc and the pertinent documents have been reviewed and the expert opinion has been returned to his attention. The entire process wes really quite easy thanks to your excellent logistics and prior discussions with the at~orney client, Again, thank you for making these azTangementa for mc. { look forward to future opportunities. With kindest regards, I remain. i~.amon~ Lanzafamc. MI2, MBA, FACS RJr/re zo BD~d An^ffilinrcd H<,~pi~alol iOB~OO 081BN of Mcdicine ~nd l~r~tistry 1.2: 136 LA:_--;E~' ,:!R'P.f LAHZAFAf'IE MD 716 $4~ 876,1 P.02,'12 Rochester General Hospital October 12, 2000 Mark E. Halbruner, ~ Gates & Associates, P-C. 1013 Mumma Rc~d Suite 100 Lemoyne Pennsylvania 17043 Re: ge.~r Mr Hatbruner: 1425 Portland Rochester, .~Pf 14621-3095 716 97.2 4505 Ot~J~ce 716 544 876l P~ Mark E. Haibruner October 12, 2000 Page 2 .....---' ~ ,-: --., ~-~ ~ .... I~,t rna~'~rial in£ra-al:xJomina;Iy. IEe~ectJon of the ruptured ±03q]O0 0>~±~~ )1 68 Bg~d 6~IIgS~SSG gl:II g00~/0I/I0 I'1AR-0.'?-2002 1'3:8:~ LASER CTR,'~I'L,q,41Z.~FAt'IE r.lD 716 544 8?E.i Mark E. Haibruner October 12, 2000 Page 3 Lastly, ! harm e~closed a recent colby of m~¥ :curriculum vitae and mini-tv as well as .an i~erim statement f~, work condu~l:ed t:G date on this matter. Thank yOU for the Ol:q~:~tunity to participate in b~e evaluation of this matter, wqth kind regards, ! remain, Yours since-ely, Raymorld 3. Lanzafame, M.D., M.B,A., F.A.C.S. Enclosures R3L:rc Rochester General [425 Po~l~md ^¥enuc Rochester. NY [46~. 1-30~5 7[6 54a ~76t Fax 3anuary 19, 2001 Mr. Mark E. Halbruner, Esq. Law Offices of Gates & Associab=~, P.C 3 West Monument Square Suite 304 Lewistown, PA 17~.~, Dear Mr. Halbruner: '. ~ ' ! am writing this corresl:x~ndence in reference'to your fax dated [/t6/0L and our recent conversations concerning the above captidneJ matter. In this regard, please be advised that my Usual and customary fees for exDert testimo~y are typically negotiated at a range of $2,S00 t~ $5,000 I:~r-diem plus b-avel expenses. As we had discussed by telel:~one, it is likely ~hat the testimony and travel wilt reCtuire apl~oximateJy 2 days therefore, the fee woUtd be $5,000 plus ~av~l exoenses ir~urred. Testimony on Monday March [9 afternoon would be the t:~.st/only option available at this time, since there are already several=surgeries scheduled on both Wedn__~--day, March 2.1. and Thursday, March 22. Please be advised that reimbursement hasia~fet not been received for work comoleted to date on this matter. ! am again forwardir~ a copy of ~ l~llllng statement for your reference and immediate attention. I would not be available to ~.~:ify until such time as the outstanding balance has t;ccn paid, ~U~er, I am requesting that a retainer of at least S0% of the anticipated testimony fee be paid orior to any personet apoearance on my part. ,' It [s my hope treat the above informati0n'isatlsfies your Inquiry. Please fe~l free to contact me if you will require further information or clarification. With kJncl regards, ! r~main, "' .: Yours sincerely, Rayrnor~ .l~.O-, POL/rc Enclosure 399d lOB]]O00~±BH !i 6~IIgGEGSS 9I:II EOOE/OI/IO LASER CTR/R.Y' L~I4ZAFAME MD · P. 11/12 I.m~l ~ fi~ i v. ~l Oa'nmuni~ Nosi~ml, ~ 10:4,0- 11:15 I~ 7:00 ~ - 8:00 I~1 10:30 I~! - ll:OO I~ 5:10 I~¢ - 1~:30 IM~ - 11:30 PH 10:30 dJq - Il:SS AM .6 1.0 .5 1.0 VERIFICATION ROBERT D. KODAK, ESQUIRE, verifies that he is the attorney for the Plaintiff herein and: that the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading; that, as attorney for the Plaintiff, he has sufficient knowledge based upon information received from others concerning the contents of the within document to make this verification; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Robert D. Kodak Dated: January 17, 2003 F:\USER\BONNIEJO\COMP\WORK\28689AMD_COM.wpd: 17Jan03 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Amended Complaint in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: CORY J SNOOK ESQUIRE GATES HALBRUNER & HATCH PC 1013 MUMMA ROAD STE 100 LEMOYNE PA 17043 Dated: January 17, 2003 KNUPP, KOD~A]~ & IMBLUM, P.C. Robert D. Kodak .................. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\COMP\WORKk28689AMD.COM.wpd: 17Jan03 RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S. Plaintiff Ve GATES & ASSOCIATES, P.C.; GATES, HALBRUNER & HATCH, P.C., Successor to GATES & ASSOCIATES, P.C.; and MARK E. HALBRUNER, ESQUIRE, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4940 Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD To: Raymond J. Lanzafame, Plaintiff, and Robert D. Kodak, Esquire, attorney for Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BY: GATES, HALBRUNER & HATCH, P.C. Cory J~ook,~uire -- Attorfley I.D. ~85734 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attomeys for Defendants) Date: RAYMOND J. LANZAFAME, M.D., M.B.A., F.A.C.S. Plaintiff GATES & ASSOCIATES, P.C.; GATES, HALBRUNER & HATCH, P.C., Successor to GATES & ASSOCIATES, P.C.; and MARK E. HALBRUNER, ESQUIRE, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4940 Civil Term CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND NOW, come Defendants, Gates & Associates, P.C.; Gates, Halbruner & Hatch, P.C.; and Mark E. Halbruner, Esquire, Individually, by and through their counsel, Gates, Halbruner & Hatch, P.C., and hereby set forth the following Answer with New Matter: 1. Admitted. 2. Admitted. 3. Denied as stated. Gates, Halbruner & Hatch, P.C. is a separate corporation fi.om Gates & Associates, P.C. The former is now the entity through which professional legal services are rendered, while the latter continues to exist for the purpose of collecting certain accounts receivable. 4. Admitted. 5. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments stated in paragraph 5 of the Amended Complaint, and proof thereof is demanded if relevant. The Exhibit "A" referenced in paragraph 5 of the Amended Complaint is a document which speaks for itself. 6. Denied as a conclusion of law which requires no responsive pleading. To the extent a response is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments stated in paragraph 6 of the Amended Complaint, and proof thereof is demanded if relevant. The Exhibit "A" referenced in paragraph 6 of the Amended Complaint is a document which speaks for itself. 7. Admitted in part, and denied in part. It is admitted that Defendants contacted Plaintiff. The remainder of paragraph 7 of the Amended Complaint is denied as stated. The Exhibit "B" referenced therein is a document which speaks for itself. 8. Admitted. 9. Admitted. 10. Denied as a conclusion of law which requires no responsive pleading. To the extent a response is required, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to whether the fees charged for Plaintiff's services were "just and reasonable" and "the legal and market prices therefor", and proof thereof is demanded if Defendants did not promise or agree, on their own behalf, to pay the fees charged by relevant. Plaintiff. 11. 12. 12. Denied as a conclusion of law which requires no responsive pleading. Denied as a conclusion of law which requires no responsive pleading. Denied as stated. Although Defendants deny any liability on their part for the fees claimed by Plaintiff, Defendants have offered to pay a portion of the fees in order to settle the matter. WHEREFORE, Defendants respectfully request that the Court enter judgment in their favor and against Plaintiff. NEW MATTER 13. Paragraphs 1 through 12, above, are incorporated herein by reference. 14. At all times relevant hereto, Plaintiff was aware that he was providing an opinion for Defendants' client to be used by that client in a pending civil action. 15. own funds. Defendants never promised or agreed to pay for Plaintiff's services fi.om Defendants' 16. Med-Mal Experts, Inc. and Greg Kane, M.D. were agents of Plaintiff for the purpose of referring Plaintiff to clients in need of medical/legal opinions. 17. Defendants are not personally liable for the fees claimed by Plaintiff. WHEREFORE, Defendants respectfully request that the Court enter judgment in their favor and against Plaintiff. Respectfully submitted, BY: GATES, HALBRUNER & HATCH, P.C. CA°tt orYr~ey 77~.k'?# 8 ;7q~i4re 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Defendants) Date: CERTIFICATE OF SERVICE I, Cory J. Snook, of the law firm of Gates, Halbmner & Hatch, P.C., hereby certify that I served a true and correct copy of the foregoing Answer with New Matter on this date by First Class mail addressed to the following: Robert D. Kodak, Esquire Knupp, Kodak & Imblum, P.C. 407 North Front Street Harrisburg, PA 17108-1848 (Attorneys for Plaintiff) BY: GATES, HALBRUNER & HATCH, P.C. Cory J. S~ook, F_~uire Attorney I.D. #85734 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Defendants) Date: VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. Date: Mark E. Halbmner RAYMOND J. LANZAFAME, M.D. M.B.A., F.A.C.S., GATES & ASSOCIATES, P.C.; GATES, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4940 CIVIL HALBRUNNER & HATCH, P.C., Successor: To GATES & ASSOCIATES, P.C. and : MARK E. HALBRUNNER, Individually, : CIVIL DIVISION - LAW DEFENDANTS. ORDER OF COURT AND NOW, this ~// day of August, 2003, in consideration of a conflict which exists for arbitrator Rebecca R. Hughes, Esquire, and in further consideration of Douglas G. Miller, Esquire, agreeing to serve as an arbitrator in the above-captioned matter, it is hereby ordered that Rebecca R. Hughes, Esquire, is removed and Douglas G. Miller, Esquire, is appointed as arbitrator in the above-captioned matter. The arbitrators for the above-captioned matter will meet for the purpose of their appointment on Thursday, September 11, 2003, at 9:00 a.m. in the Law Office of Coyne & Coyne, P.C., 3901 Market Street, Camp Hill, Pennsylvania, 17011. Date: ,2003 Henry F. Coyne, Esquire Chair, Board of Arbitrators By the Court, RAYMOND J. LANZAFAME, M.D. · IN THE COURTOF COMMON PLEAS M.B.A., F.A.C.S. ' OF CUMBERLAND COUNTY, PENNA. V= : NO. 02-4940 .CIVIL GATES & ASSOCIATES, P.C.; GATES, HALBRUNNER & HATCH, P.C., Successor to GATES & AASSOCIATES, P.C.; and MARK E. HALBRUNNER, Individually ORDER OFCOURT AND NOW, September 2, 2003, the arbitration panel previously appointed is vacated, and Henry Coyne, Esquire, ,chairman of the panel, shall be paid the sum of $50.00. By the Court, .H~nry Coyne, Esquire ~m Douglas, Esquire cca Hughes, Esquire 0q_0s© RAYMOND J. LANZAFAME, M.D. M.B.A., F.A.C.S., V4 GATES & ASSOCIATES, P.C.; GATES, HALBRUNNER & H/~TCH, P.C., Successor To GATES 7 ASSOGIATES, P.C. and MARK E. HALBRUNNER, Individually / Defendants · In the Court of COMMON PLEAS of · CUMBERLAND County, Pennsylvania · NO. 02-4940 CIVIL · CIVIL DIVISION - LAW TO THEPROTHON Pleasemarkt TO Cumberland Cc Prothonotary PRAECIPE DTARY: ~e above-captioned matter as settled and discontinued with prejudice. anty Dated: October 22, 2003 Robert D. Kodak: Attorney I.D. No. 18041 Attorney for Plaintiff