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HomeMy WebLinkAbout00-03030 - .-~ ",,~-,'",c-,,-,;-- ----"'~ .,-,,-"I~,-':..' '.~ -",.'-- ,-,,-,,__,i_,,_',,'__,,_ "<'-ct_.' "':__1_" ,,>",:,;;~,- {:,-;."",",-~,,-'-; >-."-',,""k---'."'-'>;; "<',""'~-' :-~,,';,.',!.--t:;::-5"~~;';,:!,~;',~__,\_ , "~ ~.. foij April L. Slrang-Kutay, Esquire At1mney I. D. No. 46728 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P,O, Box 1268 Harrisburg, P A 17108-1268 Telephoue: (717) 2344161 Attorney for Plaintiffs DAVID p, PERKINS, As Administrator of the Estate of Harold C. Perkins, Deceased, and JEAN S. PERKINS, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M,D" t/d/b/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants NO. 00-3030 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW, come the Plaintiffs, David P. Perkins as Administrator Clf the Estate of Harold C, Perkins, deceased, and Jean S. Perkins, his wife, by their attorneys, Goldberg, Katzman and Shipman, P.C" to answer the New Matter of Defendants, Lynn I. Adams, M,D, Derwood Stetson, M.D" Shippensburg Family Medical Clinic, Shippensburg Family Practice, Ltd" and Chambersburg Hospital/Summit Health, as follows: 73, Plaintiff is without knowledge of information sufficient to admit or deny the corresponding averments in Defendant's New Matter. 74, Denied. Paragraph 74 of Defendant's New Matter contains a conclusion oflaw to -'~ .. ~ "I ", ,,, ..,,'~:I,<- >.~--~-, ",~ - -,-;,~~;. , ,,'-.,-);~ _. --"~,. ~"'''--'-'' '" ,,-. .-.,;.", , -- J which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 75. Paragraph 75 of Defendant's New Matter contains a conclusion oflaw to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 76, Paragraph 76 of Defendant's New Matter contains a conclusion oflaw to which no answer is deemed to be required, To the extent that an answer is required, a denial is made, 77, No answer is required to Paragraph 77 of Defendant's New Matter. 78, Paragraph 78 of Defendant's New Matter contains a conclusion oflaw to which no answer is deemed to be required, To the extent that an answer is required, a denial is made and strict proof is required at trial. 79. Paragraph 79 of Defendant's New Mater contains a conclusion oflaw to which no answer is deemed to be required, To the extent that an answer is required, a denial is made and strict proof is required at trial, 80, Paragraph 79 of Defendant's New Mater contains a conclusion oflaw to which no answer is deemed to be required, To the extent that an answer is required, a denial is made and strict proof is required at trial. ;-~" - ",,' , ".-- , ---'.1 - ."-,,<.:..'-_: ~-,;. "_:,'"' - -', l' i Wherefore, Plaintiffs respectfully request that Defendants' New Matter be dismissed and that judgment be entered in their favor, Respectfully submitted, Goldberg, Katzman & Shipman, P.C. Date: .3 f, /'"J- f / By: ~ April L. trang-Kutay, E , J.D. No. 46728 320 Market Street Strawberry Square P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 -~" , > " ","'- 'F- e < "",'-..:, ;: ~,c," "I , ,. ''-.-",' ',-~,'''~ .", . . .'". -c' ".'.- , < ,.",. .- CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Kevin E. Osborne, Esquire Hartman, Osborne & Shoop, P.C. 126-128 Walnut Street Harrisburg, PA 17101 By: GOLDBERG, KATZMAN & SffiPMAN, P.c. tdJ;AI&i{)fY!MAilL/ Glenda 1. Means: ' . Secretary for April L. Strang-Kutay, Esquire Attorney for Plaintiffs Date: 3/al )Oif- iii' " .f, ,.".- J '''';;'''--''~"'- .~ - ." .~, J .^. ,0',- '#" ",',-, -'-",., ~'-" :-.-j. --", ,-,~. .., -" r'-~r 0; r"" I: -~: L_. .,::. --J nZ ~ '-j c :! :::"J -oj lIIIiiif:i '--) '''''-j :sO' ::.1.] -< f, , April L. Strang-Kutay, Esquire Attorney 1. D, No, 46728 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P,O, Box 1268 Harrisburg, P A 17108-1268 Telephone: (717)234-4161 Attorney for Plaintiffs DAVID p, PERKINS, As Administrator of the Estate of Harold C. Perkins, Deceased, and JEAN S. PERKINS, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LYNN 1 ADAMS, M.D., and DERWOOD L. STETSON, M.D., t1d/b/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG FAMILY PRACTICE, LTD" and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants NO. 00-3030 CIVIL TERM JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 '., ~;;.I-,.; ; c-,' - ,,;: , _ ;- ~~ -- J'_: ~',' --' , ,', ';i _-_'-'-~>N' . . v,,, ,'-.-'ci... ,~- , NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en fornta escrita sus defensas 0 50S objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, Ia sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABOGADO IMMEDIATAMENTE. SINO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V AYA EN PERSONA 0 LLAME POR TELEFONO ALA OFICINA CUYADIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUARDONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ,IT "",,,'p' r April L Strang-Kutay, Esquire Attorney 1. D. No. 46728 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg,PA 17108-1268 Telephone: (717) 2344161 Attorney for Plaintiffs DAVID P. PERKINS, As Administrator of the Estate of Harold C. Perkins, Deceased, and JEAN S. PERKINS, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LYNN!. ADAMS, M.D" and DERWOOD L. STETSON, M.D., t/d/b/a SIllPPENSBURG MEDICAL CLINIC, SIllPPENSBURG FAMILY PRACTICE, LTD" and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants NO. 00-3030 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, David P. Perkins and Jean S. Perkins, by their attorneys, Goldberg, Katzman and Shipman, P.C., who respectfully represent at follows: 1. That the Plaintiff, David P. Perkins, is an adult individual, and son of the late prD , Harold Perkins, residing at 4 James Circle, Shippensburg, Cumberland County, Pennsylvania 17257. :: .- - ~. - 1:--:-,. ',~ "-, -" '-.. ."-,;;:-,1-'-,>," .":c,,.,;: "-;';~,..",'"'''' _.,ij ~J-"i';~",,>'" ~).,-,~ .;;-',"; C". ,',,,- &,~_,;,_~,~;";";,~_;\":c;_:,"_~: ,: _ .,,;~;'\~~ 2, That the Plaintiff, Jean S, Perkins, is an adult individual and spouse of the late Harold Perkins, Ph.D. residing at521 A West King Street, Shippensburg, Franklin County, Pennsylvania. 3. That the Defendant, Lynn 1 Adams, M.D. (hereinafter referred to as "Dr. Adams"), is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with his business address at 46 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 4, That the Defendant, Derwood L Stetson, M.D. (hereinafter referred to as "Dr. Stetson"), is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with his business address at 46 Walnut Bottom Road, Cumberland County, Shippensburg, Pennsylvania 17257. 5. That the Defendant, Shippensburg Family Practice, Ltd., is a business entity with business offices located at 46 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257, 6, That the Defendant, Chambersburg Hospital/Summit Health is a medical business organization with a business address at 112 North 7th Street, Chambersburg, Pennsylvania 17201. 2 "" - 01. ,-.- "j _' _ ,._ ~ - " - .-_- ;.-.J ,;~"",:,,-,~.~=,~,,-,;, '.:~-;-:-' ",~_"oc,~:,:,~,--,_, '" ';-<'; -. '-"~'~i:" '~,', ,_,: ~ ;:;;~;>;C",,: "./ ".:-0 . , 7. That at all times material hereto, Drs. Adams and Stetson were agents, servants and/or employees of the business entity known as Shippensburg Medical Clinic and Shippensburg Family Practice, Ltd. 8. That commencing in the 1970s, Decedent, Harold C. Perkins, became a patient of the medical organization providing family medical care by Drs. Adams and Stetson, relying on Drs. Adams and Stetson to provide him with ongoing general health care from a family medicine perspective. 9. That with respect to Decedent's, Harold C. Perkins', family medical history, Dr. Perkins' mother had suffered from colon cancer. 10. That during the years 1970s through 1998, Decedent, Harold C. Perkins, sought medical advice and or treatment from Drs. Adams and Stetson for various physical maladies. 11. That on November 21,1996, Dr. Perkins presented to the office of Dr. Adams with a number of complaints, one of which was a complaint of "heartburn and gas" and he was presumed by Drs. Adams and Stetson to be suffering from a possible gastritis, for which the medication Zantac, 150 milligrams RI.D" was prescribed, 3 . '.'- ,~;"" 12. That from November 21, 1996 through the Spring of 1998, Decedent, Harold C. Perkins, was maintained by Drs, Adams and Stetson on the medication Zantac, in the dose indicated above. 13. That from November 21, 1996 through the Spring of 1998, Drs. Adams and Stetson performed an inadequate evaluation of Decedent' s complaint of gastritis, and did not identity the source of Decedent' s continuing abdominal distress. 14, That by order of Dr. Adams, on May 17, 1995, Decedent, Harold C. Perkins, submitted to blood tests which measured, among other factors, CBC, platelets and differential. At that time, the hemoglobin was within a normal range, measuring 15.4 GIDL on a reference range of 14.0-18,0, and hematocrit was also measured within the normal range at 45.9%, with a reference range of 42.0% to 52,0%. 15, On June 2, 1997, Decedent, Harold C, Perkins, again sought medical advice and treatment from Drs. Adams and Stetson; the note of the clinic evaluation indicates that Zantac is continuing to be prescribed at a dosage of 150 milligrams B.I.D. for "gastritis." 16. That in October 1997, Decedent, Harold C. Perkins, was again evaluated at the office of Shippensburg Family Practice, Ltd., and the chart indicates Drs. Adams and Stetson are following Mr. Perkins for "chronic gastritis." Furthermore, in the subject note, it is indicated that 4 1- -; '~, --'1- 0."", _ _~ _,;"". __ .~, _ ',,' ;" '" ,-, "",' - "_ *'.~,- '~;r.,,_~_ __.- . _ , . Mr, Perkins suffers from "a lot of gas" which complaint he has had for a "long time." The note further indicates that the "epigastric distress" is controlled with the use of Zantac, A rectal examination was performed that day which is recorded as demonstrating plus 2 enlarged prostrate with no nodules appreciated. 17. That on May 6, 1998, Decedent, Harold C. Perkins, is once again evaluated at the Shippensburg Family Practice, Ltd., and is attended by Dr, Adams. Rectal examination is deferred on this date, with the chart note indicating that such examination was performed six months previously, Once again, Dr. Adams charts that Mr. Perkins remains maintained on the medication Zantac for chronic gastritis. On this date, Dr, Adams orders routine blood studies, including a CBC, platelets and differential count. 18. That with regard to the blood studies performed with respect to the blood drawn on May 6, 1998, MY, Perkins' hemoglobin was found to be 8.3 GIDL on a reference range of 14, 1 GIDL to 18.1 GIDL, and his hematocrit was measured at 26.6% on a reference range of 43.5% to 53,7%. When the blood study results were received by Dr. Adams, he recommended the performance of a barium enema for the indications of"anemialabdominal distress." 19. That arrangements were made for a barium enema on May 13, 1998 with the actual date of the study being performed on May 20, 1998. 5 '., . 20. That the barium enema revealed a constricting lesion involving the mid to distal right colon with a small polyp in the region of the hepatic flexure. 21. That as a result of the abnormal barium enema findings, Dr. Adams referred Mr. Perkins to surgeon, Robert D. Rector, M.D., who Mr. Perkins saw in consultation on May 23, 1998. 22, That Dr, Rector performed an expedient and appropriate evaluation of Mr. Perkins' complaints, and the constricting lesion identified through barium enema, eventually diagnosing carcinoma of the right colon with associated anemia. 23. That as a result of the above-indicated diagnosis, Decedent, Harold C. Perkins, submitted to surgery, performed by Dr. Rector, on June 1, 1998, known as a "right Hemicolectomy, " 24. That in association with the right Hemicolectomy performed on June 1, 1998, additional findings were metastatic adenocarcinoma of the liver, as well as metastatic adenocarcinoma of the regional lymph nodes. 6 1 25. That, additionally, Dr. Rector noted at surgery, there was penetration of the tumor through the bowel wall to the serosa and the right and left lobes of the liver both contained multiple metastatic lesions measuring up to three centimeters. 26. That Mr. Perkins remained hospitalized at the Chambersburg Hospital, in association with his June 1, 1998 surgery, until discharge on June 6, 1998, at which time his care was followed by oncologist, Dr. Michael R. Cashdollar, who recommended palliative chemotherapy. 27. That in association with the findings at surgery, appreciated on June 1, 1998, Mr. Perkins' carcinoma of the colon was considered incurable, and was classified as adenocarcinoma, ascending colon, Stage 4, 28. That from June 1998 through Spring 2000, Mr. Perkins remained on chemotherapy and endured several hospitalizations associated with his advanced metastatic cancer. 29, That at no time during his reliance on Shippensburg Family Practice, Ltd., as the physicians responsible for his primary health care, did Dr. Adams or Dr. Stetson ever suggest that Mr, Perkins undergo colorectal cancer screening in the form of fecal occult blood testing, sigmoidoscopy, or colonoscopy. 7 :.,,"" 30, That at no time other than May 1995 and May 1998, did Dr. Adams and/or Dr. Stetson advise routine blood testing which included an analysis of CBC, platelets and differential, 31. That Harold C. Perkins succumbed to death from advanced cancer on July 16, 2000. FIRST CAUSE OF ACTION WRONGFUL DEATH David P. Perkins, As Administrator ofthe Estate of Harold C. Perkins, Deceased, and Jean S. Perkins, His Wife, Plaintiffs v. Lynn I. Adams, M.D., and Derwood L. Stetson, M.D. t/d/b/a Shippensburg Medical Clinic, Shippensburg Family Practice. LTD. and Chambersbul'l!: Hospital/Summit Health. Defendants 32. Paragraphs 1 through 31 above are incorporated herein by reference. 33. That Defendants Dr. Adams and Dr. Stetson, t/d/b/a Shippensburg Medical Clinic, Shippensburg Family Practice, Ltd. and Chambersburg Hospital/Summit Health are jointly and severally liable for damages as set forth herein. 34. That Plaintiffs bring this action for the wrongful death of the decedent on behalf of all persons entitled to recover damages therefore under and by virtue of the Act 1996, July 9, P.S. 586 No. 142, Section 2,42 Pa. S,C.S.A. ~8301. 8 ''',''.,',.-._,-, .' "."-.~ , k-'"'"rr ~ ..<,:-:..;,,-;,J '" ,,",..co,--,; :_:~~~ __,_";' ';",. ' "",~,,_,.;,~ e;;_','-h,'_~'_ .-.:';" 35, That Harold C. Perkins, initially, brought an action for these injuries during his lifetime, but succumbed to death prior to the filing of Complaint, and the caption has thus been modified accordingly, 36. That the following are the names of all persons entitled by law to recover damages for such wrongful death and the relationship to decedent: Jean S, Perkins, Spouse David p, Perkins, Son Allan L. Perkins, Son Karen S. Perkins, Daughter SECOND CAUSE OF ACTION SURVIVAL ACTION David Perkins, As Executor of the Estate of Harold C. Perkins, Deceased, and Jean S. Perkins, His Wife, Plaintiffs v. Lynn I. Adams, M.D., and Derwood L. Stetson, M.D. t1d1b/a Shippensburg Medical Clinic, Shippensburg Family Practice. LTD. and Chambersbnl'l! Hosoital/Summit Health. Defendants 37. Paragraphs 1 through 36 above are incorporated herein by reference. 9 - ~. , " -,~_""_ ~" ' - ,I, " -:-- _' ..I.. ,. ",,-'-'''- ,," c-,,_~'_<,,;,; ,,' "',),L,'_;'" :': _,' ",:-, "',C-., ~';~.,_";~,,;, .J,~~.' ,,~ 38. That Defendants Dr. Adams and Dr. Stetson, t/d/b/a Shippensburg Medical Clinic, Shippensburg Family Practice, Ltd. and Chambersburg Hospital/Summit Health are jointly and severally liable for damages as set forth herein, 39. That Plaintiffs bring this action on behalf of the Estate of Harold C. Perkins, Deceased, under and by virtue of the Act of 1976, July 9, P.S. 586 No. 142, Section 2,42 Pa. S,C.S.A. ~8302. 40, That the Plaintiffs aver that the Estate has incurred a loss and a claim is therefore asserted for the pain and suffering Decedent underwent prior to his death, loss of Decedent' s earnings and earning power for Decedent's life expectancy and for all other damages sustained by said Decedent. COUNT I NEGLIGENCE David P. Perkins, As Administrator ofthe Estate of Harold C. Perkins, Deceased v. Lynn I. Adams. M.D. 4 L Paragraphs 1 through 40 above are incorporated herein by reference. 10 ;''' -, ~ ~,""--,,I ,-<",,+ '-- -'>,'-- .~- -"-~'-- '-"~o :; "-'-',_h" 42. That the Defendant, Dr. Adams, was negligent and careless in the medical treatment and/or advice provided to Plaintiff's Decedent in that he: a, failed to recognize the significance of Decedent' s family medical history, specifically, the fact that his mother had suffered from colon cancer; b. failed to implement a program for colorectal cancer screening with respect to Decedent, Harold C. Perkins, particularly in view of his advanced age, which should have included fecal occult blood testing, sigmoidoscopy, and colonoscopy; c, failed to offer Decedent, Harold C. Perkins, colorectal cancer screening in the form of fecal occult blood testing, sigmoidoscopy and colonoscopy; d, failed to recommend to Decedent, Harold C. Perkins, colorectal cancer screening in the form of fecal occult blood testing, sigmoidoscopy and colonoscopy; e. failed to more regularly assess Decedent's, Harold C. Perkins', CBC, platelets and differential; f failed to adequately investigate Decedent's, Harold C. Perkins' complaints of abdominal distress categorized in the medical record as "gastritis," which complaints began in late 1996, and continued until his diagnosis of colon cancer in May of 1998; g. failed to rule out treatable causes, and potentially serious causes, of Decedent's chronic gastritis prior to placing him on a maintenance medication, Zantac, designed to curtail the complaints of epigastric distress and other associated conditions which the medical records summarize as "chronic gastritis;" and h, failed to timely diagnose Decedent's afiliction with colon cancer. 11 -,- ,C.';_H .~-{,j~~,:;,.',{_;,;;,;-- '" '~'.; 'c'- ,,-,,'] " . ~^~,. ,-~ , " ~."_d^' ,', .c ,~ ~,-,,, --.'C""';' ".,:; ^.-', , " , ; ,. , . " '" ~^-'" ",'_ii_'""" ., ~- '<~ , 43. That as a result of Dr. Adams' negligent conduct as described in the preceding paragraph of the Complaint, Plaintiffs' Decedent, Harold C. Perkins, was exposed to suffering an increased risk that his colon cancer would be diagnosed at a late stage in the disease. 44, That as a result of Dr. Adams' negligent conduct as described in paragraph 42 above, Plaintiffs' Decedent, Harold C. Perkins, was exposed to the risk that his primary cancer of the colon would be incurable at the time of eventual diagnosis, which risk, in fact, materialized.. 45, That as a result of Dr. Adams' negligent conduct as described in paragraph 42 above, Plaintiffs' Decedent, Harold C. Perkins, was exposed to the risk of premature death from advanced colon cancer, which risk did, in fact, materialize, with Decedent succumbing to advanced cancer on July 16, 2000, 46. That as a result of Dr. Adams' negligent conduct as described in paragraph 42 above, Plaintiffs' Decedent, Harold C. Perkins, was caused to sustain pain, suffering, inconvenience, emotional distress, embarrassment, loss of life's pleasures, and eventual premature death, 47, That as a result of Dr. Adam's negligent conduct as described in paragraph 42 above, Plaintiffs' Decedent, Harold C, Perkins, was caused to incur medical expenses associated 12 -"~' -- -- " ,- " '^-..I _,- -~ - '" ,:1: -..c'"i_-;.^,&-,,:;:';--'''P:'~_>''_ \-', ".",-- '""'_",,- ,,;- - -" 'C;b." -~; with treatment for advanced colon cancer commencing in May 1998, and ending on his death, which occurred on July 16,2000, 48. That as a result of Dr. Adams' negligent conduct as described in paragraph 42 above, Plaintiffs' Decedent, Harold C, Perkins, was caused to sustain lost earnings. 49, That as a result of Dr. Adams' negligent conduct as described in paragraph 42 above, Plaintiff incurred expenses associated with the funeral and burial of the Decedent, Harold C. Perkins. WHEREFORE, Plaintiffs demand judgIllent against the Defendant, Dr, Adams, for a sum in excess of $25,000.00, together with interest and costs. COUNT n NEGLIGENCE David P. Perkins, As Administrator of the Estate of Harold C. Perkins, Deceased v. Derwood L. Stetson. M.D. 50. Paragraphs 1 through 49 above are incorporated herein by reference. 13 If; -" -,",,--- c", --1-0,.;--:" ,,'- ~ ,', --<.....,.- . - ;,"',~ ',_i,^"",,_;._, ':'- , '-,' . 51. That the Defendant, Dr. Stetson, was negligent and careless in the medical treatment and/or advice provided to Plaintiff's Decedent in that he: a. failed to recognize the significance of Decedent' s family medical history, specifically, the fact that his mother had suffered from colon cancer; b. failed to implement a program for colorectal cancer screening with respect to Decedent, Harold C. Perkins, particularly in view of his advanced age, which should have included fecal occult blood testing, sigmoidoscopy, and colonoscopy; c. failed to offer Decedent, Harold C. Perkins, colorectal cancer screening in the form of fecal occult blood testing, sigmoidoscopy and colonoscopy; d. failed to recommend to Decedent, Harold C. Perkins, colorectal cancer screening in the form of fecal occult blood testing, sigmoidoscopy and colonoscopy; e. failed to more regularly assess Decedent's, Harold C. Perkins', CBC, platelets and differential; f failed to adequately investigate Decedent's, Harold C. Perkins' complaints of abdominal distress categorized in the medical record as "gastritis," which complaints began in late 1996, and continued until his diagnosis of colon cancer in May of 1998; g. failed to rule out treatable causes, and potentially serious causes, of Decedent's chronic gastritis prior to placing him on a maintenance medication, Zantac, designed to curtail the complaints of epigastric distress and other associated conditions which the medical records summarize as "chronic gastritis;" and h. failed to timely diagnose Decedent's aflliction with colon cancer. 14 I., , -I ,-._0_'-_ '_,c - -,-_cd',:> ;'..;,-.,: ""-~~(,_':'A._;,,, ,~,':i~ -', ,,',,-,,:--",,2 --,<,'~, ;"",>~,'"",d.:,..; ~" , , ",-,'0;-'0'';''''-'' 52. That as a result of Dr. Stetson's negligent conduct as described in the preceding paragraph of the Complaint, Plaintiffs' Decedent, Harold C. Perkins, was exposed to suffering an increased risk that his colon cancer would be diagnosed at a late stage in the disease. 53. That as a result of Dr. Stetson's negligent conduct as described in paragraph 51 above, Plaintiffs' Decedent, Harold C Perkins, was exposed to the risk that his primary cancer of the colon would be incurable at the time of eventual diagnosis, which risk, in fact, materialized, 54. That as a result of Dr. Stetson's negligent conduct as described in paragraph 51 above, Plaintiffs' Decedent, Harold C Perkins, was exposed to the risk of premature death from advanced colon cancer, which risk did, in fact, materialize, with Decedent succumbing to advanced cancer on July 16, 2000, 55, That as a result of Dr. Stetson's negligent conduct as described in paragraph 51 above, Plaintiffs' Decedent, Harold C. Perkins, was caused to sustain pain, suffering, inconvenience, emotional distress, embarrassment, loss of life's pleasures, and eventual premature death, 56. That as a result of Dr. Stetson's negligent conduct as described in paragraph 51 above, Plaintiffs' Decedent, Harold C. Perkins, was caused to incur medical expenses associated 15 , " , ,c_ ,,~--~ '-. ": <,;",~-;.-",-;", . with treatment for advanced colon cancer commencing in May 1998, and ending on his death, which occurred on July 16, 2000. 57, That as a result of Dr. Stetson's negligent conduct as described in paragraph 51 above, Plaintiffs' Decedent, Harold C, Perkins, was caused to sustain lost earnings. 58. That as a result of Dr. Stetson's negligent conduct as described in paragraph 51 above, Plaintiff incurred expenses associated with the funeral and burial of the Decedent, Harold c. Perkins. WHEREFORE, Plaintiffs demand judgment against the Defendant, Dr. Stetson, for a sum in excess of $25,000.00, together with interest and costs. COUNT ill David P. Perkins, As Administrator of the Estate of Harold C. Perkins, Deceased v. ShipDensburl! Familv Practice. Ltd. 59, Paragraphs 1 through 58 above are incorporated herein by reference. 60. That as previously mentioned, at times material hereto, Drs. Adams and Stetson were agents and/or employees of the business entity known as Shippensburg Family Practice, Ltd. 16 - -~ . , ,.--. ", ,:.--_,_~.d",,-i',"'-'-~'" -,' ,,,.-.. '-"";-''''''''-. ,-,^-.,,,,,-.'~ ",""0"",,,: ,'.. . '~ . 61. That Shippensburg Family Practice, Ltd. was negligent as set forth in paragraphs 42 and 51 above. 62. That as a consequence of the negligent conduct of Shippensburg Family Practice, Ltd., Plaintiff sustained damages as set forth in paragraph 43 through 49, and paragraphs 52 through 58, WHEREFORE, Plaintiff demands judgment against the Defendant, Shippensburg Family Practice, Ltd., for a sum in excess of $25, 000.00, together with interest and costs, COUNT IV David P. Perkins, as Administrator of the Estate of Harold C. Perkins, Deceased v. Shiooensburl! Medical Clinic. Defendant 63. Paragraphs 1 through 62 above are incorporated herein by reference. 64, That as previously mentioned, at times material hereto, Drs. Adams and Stetson were agents and/or employees of the business entity known as Shippensburg Medical Clinic. 65. That Shippensburg Medical Clinic was negligent as set forth in paragraphs 42 and 51 above. 17 , ~~{,:,;; ,~'" '-'--~k-,_~;i:::;',i ,-". . ,~, ^-" <' ~,L. ' '."---~.~- ',""~' . ',"- ;<. ,~'C:"_'_"_'-':~';'_;,,,,,,,,, ;-" ',i,'.::/",'l_;:'-,,~~_,_,,;-_> -':'-,-,__~k~.,;;,.,~t' , , ',,-' '., ,,'-b . . . . 66. That as a consequence of the negligent conduct of Shippensburg Medical Clinic, Plaintiff sustained damages as set forth in paragraphs 43 through 49, and paragraphs 52 through 58. WHEREFORE, Plaintiff demands judgment against the Defendant, Shippensburg Medical Clinic, for a sum in excess of $25, 000.00, together with interest and costs. COUNT V David P. Perkins, as Administrator ofthe Estate of Harold C. Perkins, Deceased v. Chambersbul'l! Hosoital/Summit Health. Defendant 67. Paragraphs 1 through 66 above are incorporated herein by reference. 68. That both Shippensburg Medical Clinic, registered formally on March 5, 1996 by Cumberland Valley Medical Services (an affiliate of Chambersburg Hospital/Summit Health), and Shippensburg Family Practice, Ltd. registered by the same entity on January 9, 1998, were controlled and operated by Chambersburg Hospital/Summit Health, 69. That Chambersburg Hospital/Summit Health was negligent by failing to have in place with respect to Shippensburg Medical Clinic, and, later, Shippensburg Family Practice, Ltd., 18 ., ",. ,,,;<,_'.;' c, ~'"'" ,-,-""" "_'~'''." ,p "-'''-'- ~-""~.i-' "'"";-,:">.".,,,,,'^' ,- ,:",_',;,"J . . . . a protocol for colorectal cancer screening which should have included fecal occult blood testing, sigmoidoscopy, and colonoscopy. 70. That as a result of the above-stated negligence of Chambers burg HospitaVSummit Health, as well as the negligence of its servants/agents, Drs. Adams and Stetson, as set forth in paragraphs 42 and 51 above, Plaintiffhas suffered damages as specified in paragraphs 43 through 49 and paragraphs 52 through 58. WHEREFORE, Plaintiff demands judgment against the Defendant, Chambersburg HospitaVSummit Health, for a sum in excess of $25, 000.00, together with interest and costs. COUNT VI Jean S. Perkins v. Lynn I. Adams, M.D., and Derwood L. Stetson, M.D. tJd/b/a Shippensburg Medical Clinic, Shippensburg Family Practice. LTD. and Chambersburg Hosoital/Summit Health. Defendants 71. Paragraphs 1 through 70 above are incorporated herein by reference. 72. That as a result of the conduct of the Defendants, Dr. Adams and Dr. Stetson, tfdlb/a Shippensburg Medical Clinic, Shippensburg Family Practice, Ltd., and Chambersburg 19 , ~~ ~ 'h'~ -.. - , 0,. , ~ " " '--'-', -'~';,,--'~,,"-."'-'-" -_W~ '-,~i':'!-,-" ,,'",cO.~ ,;,';;".' '_~";" _ _.',," '6,,), ~'''-'_"''".';i<.> -,- c " ::~;,..:';.},{1 . . . . . Hospital/Summit Health, Plaintift7Wife, Jean S. Perkins, has sustained damages as a loss of services, guidance, companionship, society, affection and consortium of her husband. WHEREFORE, Plaintiff demands judgment against the Defendants, Dr. Adams and Dr. Stetson, t/d/b/a Shippensburg Medical Clinic, Shippensburg Family Practice, Ltd., and Chambersburg Hospital/Summit Health, for a sum in excess of $25,000.00, together with interest and costs. Respectfully submitted, By: uire DATE: 2//3/0 I Attorneys for Plaintiffs 58358.1 20 . < , ,....'.". '--""",." L.;. ,'-"-," ,,' >O~ '-",,':_., .':",;_:,d-',_.' "<:, ~_-,,__:''-'T -";_.' ,',.. " -c' , ':,,,-~,;' " ,,- -" ~ ,- '::.~~j: . . . . . VERIFICATION I, APRIL JL. STRANG-KUTAY, ESQUIRE, hereby acknowledge that I am the attorney for the Plaintiffs and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa, C. S. ~4904, relating to unsworn falsification to authorities. AY,ESQUIRE AP DATE: J//1ft .1" ,,-_--,-,-' I,,;,,,. "",-' ',,",o,-~~ " :'-;":"",.--"'~:t,-, --.-' . -,;'_",0 J'" - v "u >,_,~: ::~~__,.' . . ~ . '. 4 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below via facsimile transmission and addressed as follows: Kevin E. Osborne, Esquire Hartman, Osborne & Shoop, P.C. Fax No. 232-3538 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~~~-- April L Strang-Kutay, uire Attorney for Plaintiffs Date: February 14, 2001 k'" I iI.lwi"~ I - ~= . . -.' .,~~I ~-~ -, ,,~.,- ~'''''.1';<_isb.a( ..,.- .. . ~H ,~" ,,' .-" ,-, . ~L'-" ""iiIiiiili.' "I -' . (') 0 8 ~; -" -rj j"q -J f"n i i ::,'"J Z ..] i j ~'.,. '. .:} ~ tI'l ,_..... ) r' ~~ '_,J r,\.~ <::_;, C,? ,- >--- 50: ~:~ ,- . :::! ~:.;; , c:. -< I, l' I,' I ~ __" " ., .-...1 , ' t , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. NORMA JEAN PERKINS), Plaintiffs v. LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHlPPENSBURG MEDICAL CLINIC), SHlPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH Defendants. CIVIL ACTION - LAW NO. 00- ';030 -CIVIL TERM PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Curtis R. Long Please commence suit by Writ of Summons in the above-captioned action. NOTE: See attached list for addresses WEIGLE, PERKINS & ASSOCIATES By: Q~ c: ~ David P. Perkins, Esquire Attorney for Plaintiff LD. Number 34342 126 East King Street Shippensburg, P A 17257 (717)532-7388 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 , ~ ll..... ., =,~~ ..-i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. NORMA JEAN PERKINS), Plaintiffs v. LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH Defendants. Harold C. Perkins and Jean S. Perkins 521A West King Street Shippensburg, P A 17257 Lynn 1. Adams, M.D. 10987 Hurley Drive Shippensburg, P A 17257 Derwood 1. Stetson, M.D. 9052 Possum Hollow Road Shippensburg, P A 17257 Shippensburl Family Practice, Ltd. 112 North 7 Street PO Box 6005 Chambersburg, P A 17201 CIVIL ACTION - LAW NO. 00- -CIVIL TERM The Chambersburg Hospital 112 North 7th Street PO Box 0187 Chambersburg,PA 17201 Summit Health 112 North 7th Street PO Box 0187 Chambersburg, P A 17201 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 I ~' [. ""W'" ~, ., ''ili,~;j''~'~'''illti:kr ,.;,,' ,',-:, " ..="..."-~tljL'll:""""" ""iIIi[ , - ~I " . ~ . '''''wiili'",,",,'l.;,,;i/.;;' ~, A IIiIiIIW,: " -' -..'.,........ ~~ :i ! I I """" c ,~ ~ n 0 0 p (J ,- a '- -oe~', :-x -n 't- ~ ~ fT1 !.' ::;::t> '-I -,.r;: ~', ~ rl Q L-0 --< dr~;g , W> -T1'm ~ a () ~ -<:;0' Lii ~/)O (;) ~ ~C3 D' () -0 ":"1,0 ~C) ---.!.. :-~ ~L.-+l .:'- C" ()- ';'''c "'70 ~ r:- Om '" z r =< 0 35 f'V -< ~r.. ,~ ., ~. ,~ ......... .. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. NORMA JEAN PERKINS), Plaintiffs CIVIL ACTION - LAW v. NO. 00- 30J.C)-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLOOC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH Defendants. WRIT OF SUMMONS To: The Chambersburg Hospital You are hereby notified that Harold C. Perkins and Jean S. Perkins have commenced an action against you. othonotary fYb,'7 (I Date l.s--, ~ rJo() , <... .a~~P~J4/ Deputy Prothonotary WEIGLE, p~RKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ; '.""',,--1 'I~ , '- :> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. NORMA JEAN PERKINS), Plaintiffs CIVIL ACTION - LAW v. NO. 00- ?J6.!() -CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing bnsiness as SHIPPENSBURG MEDICAL CLINIC), SHJPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH Defendants. WRIT OF SUMMONS To: Shippensburg Family Practice, Ltd. You are hereby notified that Harold C. Perkins and Jean S. Perkins have commenced an action against you. Curtis R. Long, Cumberland County Pr fY!~(/ IS; :J (')00 Date "---- A~~ / 9 72?-Cf2/WY / Deputy Prothonotary . v WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 , - "'," -~, ~"',~i , ~ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. NORMA JEAN PERKINS), Plaintiffs CIVIL ACTION - LAW v. NO. OO-.?oJO -CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHlPPENSBURG MEDICAL CLINIC), SHlPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH Defendants. WRIT OF SUMMONS To: Derwood L. Stetson, M.D. You are hereby notified that Harold C. Perkins and Jean S. Perkins have commenced an action against you. rothonotary mt:J'T Date t~, '2 000 t ~ a~/}-. _ p ~f)/JLJC./ Deputy Prothonotary WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 I~- "', .0." -"'" . J - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. NORMA JEAN PERKINS). Plaintiffs CML ACTION - LAW v. NO. 00- 3030 -CML TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC). SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH Defendants. WRIT OF SUMMONS To: Lynn 1. Adams. M.D. You are hereby notified that Harold C. Perkins and Jean S. Perkins have commenced an action against you. rothonotary (Yl<a...., I S'~ CloD Date " ( "- a()~,P~r Deputy Prothonotary WEIGLE, PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 - .-, .~"" .'.> "~I ... ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. NORMA JEAN PERKINS), Plaintiffs CML ACTION - LAW v. NO. 00- .b30 -CML TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SIllPJPENSBURG MEDICAL CLINlC), SIllPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH Defendants. WRIT OF SUMMONS To: Summit Health You are hereby notified that Harold C. Perkins and Jean S. Perkins have commenced an action against you. is R. Long, Cwnberland Coun fI2';:J, l' (~ ~ca') Date ( \...... ,arAP, {! ~-r..r- Deputy Prothonotary WEIGLE, PERKINS & ASSOCIAIES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 "",~, > _ "' .~~~ ,'0. ,_0'..... '_'I.'~"'-'-~ '-~,,- 'y',' , .,";-. '. ",.,'~' ",:;> , ',' 'c'~o;;',ob"c";";~" "~" .'. ;~.. ' ';"-, ',~>:i'.",),';;,:::~;;ci-;::,-",~, '. C.' '~''''"'<+I HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3030-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SmpPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, CIVIL ACTION - LAW Defendants ....,~ENERyQF~i?-E~t}I , TO: PROTHONOTARY Curt Long 1 Courthouse Square Carlisle, P A 17013-3387 Please enter the appearance of Kevin E. Osborne, Esquire on behalf of Defendants, Lynn I. Adams, M.D., Derwood L. Stetson, M.D., Shippensburg Family Practice, Ltd., the Chambersburg Hospital, and Summit Health in the above-captioned matter. Respectfully submitted, HARTMAN, OSBORNE & SHOOP, P.C. By: j,{u:-. 7'ta.tr.J ~ 'Kevin E. Osborne, Esquire - Supreme Ct. I.D. #34991 126-128 Walnut Street Harrisburg, P A 171 0 1 (717) 232-3046 Dated: (./r(06 . Attorney for all Defendants .- ,," " "m' C-i . , . '~ ,;\;..,~' "...."". " .w' '. ";...;-,' ;-" /i',.i( .'''.ilK'~'''4l~;i.,;;;,G~'',',~, ,-',_ .'>ci,- I CF.RTTFICA TF, OF RF,RVICF, I, Kevin E. Osborne, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: David P. Perkins, Esquire Weigle, Perkins & Associates 126 East King Street Shippensburg, PA 17257-1397 (Counsel to Plaintiff) HARTMAN, OSBORNE & SHOOP, P.C. Dated: b/5'/ac.J By: /~ .q~ (~ Kevin E. Osborne, Esquire Supreme Ct. J.D. #34991 126-128 Walnut Street Harrisburg,PA 17101 (717) 232-3046 Attorney for all Defendants _.~l ..'.""-"'-<...... - <iI'-'-'--iliI~' ":'....',' k.,.a.;;.. ~,,~~~' " , '=., " ., ~' .,~ ", ~~, ~J '~' , ',. ~ ~ ~j' '0 I il] ~ \ 0 0 '~ c: 0 s:: L ,-' -Om c:: ;:-;'1FJ mn., -- .~ Z:.:r:J I -'.Jf'1 zC en :::Qly en ..> --L.: (-Ie) ~G ~ )~:B ~8 75:') G,n )>c: s:;! ~ w ::0 c.n -< " , , < ~ ~ ~, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-03030 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKINS HAROLD C ET AL VS ADAMS LYNN I MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ADAMS LYNN I M D but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 13th , 2000 , this office was in receipt of the attached return from FRANLIN Sheriff's Costs: Docketing Out of County Surcharge DEP. FRANKLIN CO 18.00 9.00 10.00 95.90 .00 132.90 06/13/2000 MARK, WEIGLE S~~ R. Thomas Kline Sheriff of Cumberland County & PERKINS Sworn and subscribed to before me this .20 ~ day of Cf.~ :}fYCrO A.D. ~,,~ () ")1..;/;.., .~ Prothonotary ~ ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-03030 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKINS HAROLD C ET AL VS ADAMS LYNN I MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STETSON DERWOOD L MDT/D/B/A SHIPPENSBURG MEDICAL CLINIC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 13th , 2000 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/13/2000 MARK, WEIGLE S~~ R. Thomas Kline Sheriff of Cumberland County & PERKINS Sworn and subscribed to before me this .a Q:: day of 9""-"- ,2.JruV A . D . (\. c} huiR,</ A~ ~rothonotary . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-03030 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKINS HAROLD C ET AL VS ADAMS LYNN I MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHIPPENSBURG FAMILY PRACTICE LTD but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 13th , 2000 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/13/2000 MARK, WEIGLE So :~~? R~S Kline Sheriff of Cumberland County & PERKINS Sworn and subscribed to before me this J-o ~ day of q~ 2.nT1J A . D . ~u Q 'h"oP,,, ~ Prothonotary' 1- j"';;'-'! SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-03030 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKINS HAROLD C ET AL VS ADAMS LYNN I MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CHAMBERS BURG HOSPITAL THE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 13th , 2000 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/13/2000 MARK, WEIGLE So ~ /,,',.,~ ,>.:>>7 ~~:::>- - ,~ ' O,J - ' R. homas Kline Sheriff of Cumberland County & PERKINS Sworn and subscribed to before me .U> E day of 9.". this J.J>1Tb A. D . q~/U.- (2 ~ ~- Prothonotary ~ --""', .'~.. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-03030 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERKINS HAROLD C ET AL VS ADAMS LYNN I MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SUMMIT HEALTH but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 13th , 2000 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/13/2000 MARK, WEIGLE S~~ R. Thomas Kline Sheriff of Cumberland County & PERKINS Sworn and subscribed to before me this Jo!;! day of 9,,, "---- ;LiJ7nJ A . D . ~ G_ "htAI!'';'~ ,~~<J't Prothonotary .' - ~. "'""'1~: SHERIFF'S RETURN - REGULAR CASE NO: 2000-03030 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HAROLD C PERKINS ET AL VS LYNN I ADAMS M.D. ET AL THEODORE L KONCSOL-DEPUTY , Deputy Sheriff of FRANKLIN County, Pensyl vania , who being duly sworn according to law, says, the within SUMMONS was served upon ADAMS LYNN L M.D. DEFENDANT , at 1500:00 Hour, on the 19th day of May at 10987 HURLEY DRIVE SHIPPENSBURG, PA 17257 SAME the 2000 by handing to FRANKLIN COUNTY SHERIFF OFFICE a true and attested copy of SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 9.00 33.00 12.00 10.00 31. 90 Oi".OiU So Answers: ~:u~~ epu y erl 06/05/20DO CUMBERLAND COUNTY SHERIFF ' Sworn and Subscribed to before of~ A.D. o NOTARIAL SEAL PATRICIA A, STRINE, Notary Public QhtHnbersburg, Franklin County ,. ",,,,",sloo 1"'8 Nov. 4, 2000 ~,,',". " . ~' " - I I -~~ " , .' '~:. SHERIFF'S RETURN - REGULAR CASE NO: 2000-03030 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HAROLD C PERKINS ET AL VS LYNN I ADAMS M.D. ET AL JOHN D RIDGE-DEPUTY , Deputy Sheriff of FRANKLIN County, Pensyl vania , who being duly sworn according to law, says, the within SUMMONS was served upon STETSON DERWOOD L M.D. the DEFENDANT , at 1815:00 Hour, on the 1st day of June , 2000 at 9052 POSSUM HOLLOW ROAD SHIPPENSBURG, PA 17257 SAME by handing to SAME a true and attested copy of SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .uu uUHN U KLUG~-U~~ULY By ueputy t:;herlt:r: 0010010000 SEE ADDITIONAL SHEET FOR COSTS Sworn and Subscribed to before Of~ A.D. NOTARIAL SEAL PATRICIA A, STRINE, N?tary PubliC Chamberilburg. Franklin County M Com!l'Jssion E 1"'0 Nov. 4,2000 , " _I SHERIFF'S RETURN - REGULAR CASE NO: 2000-03030 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HAROLD C PERKINS ET AL VS LYNN I ADAMS M.D. ET AL CHARLES E BUSH-DEPUTY , Deputy Sheriff of FRANKLIN being duly sworn according to law, County, Pensyl vania , who says, the within SUMMONS SHIPPENSBURG FAMILY PRACTICE was served upon LTD. at 112 NORTH 7TH CHAMBERSBURG, PA STREET 17201 PO BOX 18th day 6005 of May the , 2000 DEFENDANT , at 1420:00 Hour, on the by handing to MARTY E BYERS-ADMIN ASSIST SAME a true and attested copy of SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .uu CtlAKL~~ ~ ~U~H-U~~U1Y By uepucy ~herlff 00/00/0000 SEE ADDTL SHEET FOR COSTS Sworn and Subscribed to before me this NOTARIAL SEAL PATRiCiA A, STAIi'lE, Notary Public Chamber,burg, Franklin Countv 101 Commission E ires Nov. 4, ?OOO "" .... 0' , ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03030 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HAROLD C PERKINS ET AL VS LYNN I ADAMS M.D. ET AL CHARLES E BUSH-DEPUTY County, Pensylvania, who says, the within SUMMONS , Deputy Sheriff of FRANKLIN being duly sworn according to law, was served upon CHAMBERS BURG DEFENDANT HOSPITAL , at 1420:00 Hour, on the at 112 NORTH 7TH STREET CHAMBERS BURG , PA 17201 MARTY E BYERS-ADMIN ASSIST a true and attested copy of PO BOX 18th day 0187 of May the , 2000 by handing to SAME SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .uu CHAKLJ;;::; J;; J:W::;H-lJJ;;Jo>U'l'X By lJepucy ::;her~ff 00/00/0000 SEE ADDTL SHEET FOR COSTS Sworn and Subscribed to before me this day of ~ A.D. - NOT AR\AL SEAL PA TR!CIA A, STR1!1lE, N?tary Public Cha~bt':irsburg, Franklin County M Co",,,,"sion E res Nov, 4, 2000 ,-- .. ."-'1 SHERIFF'S RETURN - REGULAR CASE NO: 2000-03030 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HAROLD C PERKINS ET AL VS LYNN I ADAMS M.D. ET AL CHARLES E BUSH-DEPUTY County, Pensylvania, who says, the within SUMMONS , Deputy Sheriff of FRANKLIN being duly sworn according to law, was served upon SUMMIT HEALTH the DEFENDANT at 1420:00 Hour, on the 18th day of May , 2000 at 112 NORTH 7TH STREET PO BOX 0187 CHAMBERSBURG, PA 17201 by handing to MARTY E BYERS-ADMIN ASSIST SAME a true and attested copy of SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .uu CHAKL~b ~ ~UoH-U~~UlX By uepucy onerlff 00/0010000 SEE ADDITL SHEET FOR COSTS Sworn and Subscribed to before me this of~ A.D. - NOTARIAL SEAL PATRICIA A. STRI~E, No!aJy Public Chambersburg, Franklin CounlY hi Co",misslon Ex Ires Nov, 4, 2000 ? ">,' .t" "I- '" ,'," """- '~ " 'R, THOMAS KLINE Sheriff RONNY R, ANDERSON Chief Deputy EDWARD l. SCHORPP Solicitor OFFICE OF THE SHERIFF PATRICIA A, SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 Dear Sir: RE: Harold C. Perkins, et. al. vs Lynn 1., Adams, et. al. 2. ' Serve: . Lynn I. Adams, M,. D., Derwood Stetson, M.D., t/d/b/a Shippensburg Medical Clinic.;;j Shippensburg Family Practice, LTD.J.The Chambersburg HospitaU5isummit Health ' TO: Hon. Robert Wollyung Sheriff of Franklin Co Enclosed please find Wr i t of Summons to be served upon 5 Defendant's Listed "hov" .['1 ..'"".. "'i''i' ..ttached copy of precicie, for,servi~A ~n~~rllr~~nnc in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very~s, " '. r: ft'/lC ~&C' . R. Thomas Kline, sle~ Cumberland County, Pennsylvania Enclosures: , . . . "~""" ~ , ",..", ,~ ,,-~-~,~...........-,~- '_-"._~"""~-~---;'~._""'~-~~~' """"-..'--" IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYL VANIA HAROLD C. PERKINS and JEA-N S. PERKINS (a.k.a. NORMA JEAN PERKINS), Plaintiffs CIVIL ACTION - LAW v. NO. 00- -CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMB'ERSBURG HOSPITAL, and SUMMIT HEALTH Defendants. Harold C. Perkins and Jean S. Perkins P! -Htt:: ,521A West King Street , Shipp ens burg, P A 17257 tj. The Chambersburg Hospital 112 North 7th Street PO Box 0187 Chambersburg, PA 17201 1. LynnLAdams,M.D. A ,v" 10987 Hurley Drive Y c,J Shippensburg, P A 17257 $. Summit Health 112 North 7th Street PO Box 0187 Chambersburg, P A 17201 .\\... Z. Derwood L. Stetson, M.D. ~ Q" 9052 Possum Hollow Road ' Shippensburg, P A 17257 3: Shippensburg Family Practice, Ltd. 112 North 7tl1 Street PO Box 6005 Chambers burg, P A 17201 WEIGL!:::, PERKINS & ASSOCIATES - AITORNEYS AT LAv,r- 126 EAST KING STRE.c.~ - SHIPPENSeURG, PA 17257~1397 ,~, ~~ ~- . ..... ~ CUMBERLAND COUNTY SHERIFF, County Courthouse, Carlisle, PA 17013 Check Date: 05/16/2000 Case No. Litigant 00-03030P ADAMS LYNN I M D Descriptions DEPUTIZE OTHER Check Am~unt: * Amt Released 150.00 150.00 - ~') 28550 * Receipt 259455 . , _,J . ~'''rrc.:1 RECEIPT FOR PAYMENT =================== Franklin County Pennsylvania 157 LINCOLN WAY EAST Receipt Receipt Receipt Date 05/17/2000 Time 14:51:03 No. 7860 HAROLD C PERKINS ET AL (VS) LYNN I ADAMS M.D. ET AL Case Number 2000-03030 T Service Info Remarks Total Check... + Total Cash.... + Cash Out. . . . ., - 150.00 .00 .00 Check No. 28550 Receipt total. 150.00 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount ADVANCE PAYMENT 150.00 CUMBERLAND COUNTY SHERIFF 150.00 .L " """"-<::J.j In The Court of Common Pleas of Cumberland County, Pennsylvania HaroldC. Perkins, et. al. VS. Lynn 1. Adams, M. D., e t. al. SerVe: Lynn I. Adams, M.D. NO.20-3030 Civil Now, 5/16/00 ,20 C (j , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being ma,de at the request and risk of the Plaintiff. , ,r~~~.f Sheriff ofCUII1berland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and madelmown to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ "' . .". " ~"~ " ,;. In'The Court of Common Pleas of Cumberland County, Pennsylvania Harold C. Perkins, et. al. VS. Lynn I. Adams, M.D., et.al. ,serve: Summi t Health NO.20-3030 Civil Now, 5/16/00 , 20 IQ () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Frp.nklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ., A,/':.dt "., ,. , r~~-~~t Sheriff ofCurnherJand County, PA Affidavit of Service Now, ,20~,at o'clock M. served the within upon at by handing to a copy of the on ginal and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVlCE MILEAGE AFFIDAVlT $ $ ~, . , , In The Court of Common Pleas of Cumberland County, Pennsylvania Harold C. Perkins, et. al. VS. Lynn I. Adams, M.D., et.al. Serve: The Chambersburg Hospital NO.20-3030 Civil Now, 5/16/00 , 20 () () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. " ~~~-t:~.# Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVlCE 1vI1LEAGE AFFIDAVlT $ $ ~_",_I " k ~~~, , "._ ',". "~'C " , '. J~ In'The Court of Common Pleas ofCumbe:rland County, Pennsylvania Harold C. Perkins, et. al. VS. Lynn I. Adams, M.D., et.al. SerVe: Derwood L. Stetson, M.D., t/dNnJ.iO-3030 Civil Shippensburg Medical Clinic Now, 5/16/00 , 20 C (j, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ' , .. ~;;;,?~~t:~~ SheriffofCumherland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribedbefote me this _ day of ,20_ COSTS SERVICE WLEAGE AFFIDAVIT $ $ " ," " ~~,";,.. J' ,; <' In" The Court of Common Pleas of Cumberland County, Pennsylvania Harold C. Perkins. et. al. VS. Lynn 1. Adams, M.D., et.al. Serve: Shippensburg Family Pratiee, hlfld:0-J030 Civil Now, 5/16/00 , 20 Q (J , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. " // ,:..dt '. . , r~~t:~.# Sheriff ofCumberl~d County, PA , ,- Affidavit of Service Now, ,20 ,at o'clock M, served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ - ""C',"' " "'C'~ '_''~,.'''"_, . "..j. ','A"~'",1-' ",'<",.-,." ,,', "C'''C>''~'''''''''''''''"''''h' ,....' ""''',..'.'''.'' . HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-3030-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SIDPPENSBURG MEDICAL CLINIC), SIDPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, CIVIL ACTION - LAW Defendants '.,', :","<i"'C:,,;,;',' ,.'"i:;'i:""..:'.!iiiii\~'~:kiiilliiiri ~!RiJ!l,!'~I~J&!iIlf~i!l!(!!liI!!l1Jl1lZ~'~.l!Iu:;JIM!,1!:l!t; ",...",'h TO: PROTHONOTARY Curl Long 1 Courthouse Square Carlisle, P A 17013-3387 Please issue a Rule to File Complaint in the above-referenced matter. Respectfully submitted, HARTMAN, OSBORNE & SHOOP, P.C. By: ~=f~ Supreme Ct. 1.D. #34991 126 - 128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Dated: July 26, 2000 Attorneys for Defendants, LYNN 1. ADAMS, M.D., and DERWOOD 1.. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY., PRACTICE, LID., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH ',LLi,."<'ci'""_'"',-".,,,,,, I d~_ ~'~",: "I"""'" , , " "',- li,*" \.~ ,zl"" ". --',,' ,.;;:',"'~;" ,.\-,." , , l'~'^ ;" _;,~.i ;;,d'--;;';.J",~' ;~ {:~;., :,'j;;.;,~:;'';~,,;;: :, lC '";;;';'J CRRTTFICATR OF SRRVICR I, Kevin E. Osborne, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements ofthe Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: David P. Perkins, Esquire Weigle, Perkins & Associates 126 East King Street Shippensburg, PA 17257-1397 (Counsel to Plaintiff) HARTMAN, OSBORNE & SHOOP, P.C. Dated: '(7.-,laC) By: /~9~ Kevin E. Osborne, Esquire Supreme Ct. J.D. #34991 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for.all Defendants , ',,,", "N'''''~' .".., ,," '''.' '..." ",,-' , .~",' ,';1 "i.'~~d,:"'-" '0";'- 'C,', '";,~l',/ "'0 ,~~",,', "''; t,;, ,;,,~,...,: :~:,,-,--:;;'i'.~, " ".,;,;.""" ,.;C",) ,') ,_~, ,..,.;.;..- '.cO,'''''; .',,',<e ." ",;~,;...~/, ., ,',,;;;'"';,,~,:';: ,: ," '" '"i;;:C" ~ HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-3030-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, CIVIL ACTION - LAW Defendants . 'R,',', T,iT'E.>"''''iJ!1~'''i''''_0,iifi,",iil,i';;' ',~;M~;" >t.l!~~iii~:", t""0~.'~~J:Yr}.:lJr'!:JA~)';J",,, TO: HAROLD C. PERKINS and JEAN S. PERKINS c/o David P. Perkins, Esquire Weigle, Perkins & Associates 126 East King Street Shippensburg, PA 17257-1397 (Counsel to Plaintiff) A Rule is hereby issued upon Plaintiff, HAROLD C. PERKINS AND JEAN S. PERKINS, to file a Complaint within twenty (20) days after service hereof or suffer llilIl pros seq reg. Dated: juJy ~ ~c.x:o "jX1r1d",,,,,,,':J,2, .~ ' ~ . Prothonotary , 0" ' ;J. iiilifliliil '" ~ ' - -'""~~ - .;,~,;. , ~, j, ' "- '11.1' <C .'.' .~ 0 (,,:, Q c C) ~, ~ ,- IT] G., ~. rL O~,~ Z ~ r"'c." ::::::) ([.3 ::c: co ;S c.:- ~? '- .- ~- ::r.--. ," ~,~ :>- c j'-,) c 2:1 ."'- :<i c.- ~1J '- -< , , ,,",-, .', ,h". ,',c '0" , I ;,,~~ ,",", " ,,;c" "'c,':.';,,~>>-i ,:",',,'-;','" "I .'- '," " '< '~'-' , , . ,.,' , ~A' , ,..", ,):,," .,,-- . r HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-3030-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, CIVIL ACTION - LAW Defendants P1ip;~ji1)u:""!NiI.i~r!tjqs..~~PiiJ. ,"" n ',>~~,},-~M~~lt~'L;~:"" "C<" [1-" ,j':!)1gii~!kL,,<,. I, Kevin E. Osborne, Esquire, hereby certify that I served this day, Rule to Pile Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: David P. Perkins, Esquire Weigle, Perkins & Associates 126 East King Street Shippensburg, P A 17257-1397 (Counsel to Plaintiff) HARTMAN, OSBORNE & SHOOP, P.C. Dated: 0/' loa By: ~?11~ Kevin E. Osborne, Esquire Supreme Ct. LD. #34991 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Attorney for all Defendants E - " ~' . , . HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3030-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SIDPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, CIVIL ACTION - LAW Defendants RULE TO FILE COMPLAINT TO: HAROLD C. PERKINS and JEAN S. PERKINS clo David P. Perkins, Esquire Weigle, Perkins & Associates 126 East King Street Shippensburg, PA 17257-1397 (Counsel to Plaintiff) A Rule is hereby issued upon Plaintiff, HAROLD C. PERKINS AND JEAN S. PERKINS, to file a Complaint within twenty (20) days after service hereof or suffer Ililll j2IllS .seq reg. Dated: ..J.Llf .JP, .JlVY) A/(L,,-IrA ~K-~ IPTothonotary 't!!d~bll'~~lblil~~:~~j~~M~-.i!OOO~illQ1j_"""J....,';'" If.~~WIiI"lt!l!iHI...ilI!l~ .~ ~ . - ~, ~ ..liidilI''-'" . 0 C') ~ C~ J :n- ., G~: f': ::;"~) ::o:~--; t I / (i) t'.) -"<" ., [;:: ~'(:: '. \~~; Z ')> ~. l"-J ~~ ;:,~! L:"" Co) =2 ~.-Q .-J ~, , . on_ .'~,,~ ~ _, 'O."~_'O'.'''~ '. -"~'''i'';,,: . . '.... HAROLD C. PERKINS and JEAN S, PERKINS (a.k.a. Norma Jean Perkins), Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. <4-3030 CIVIL TERM LYNN I. ADAMS, M,D" and DERWOOD L STETSON, M.D" (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SIllPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, Defendants . '~"~'::>'~ x:-;m:....;:$:$.B;:. "::::~,*:~ . m w'~w.' . x ":::'#.*f~': . '~9~11f.$m=?]tmf.*i$l~~~k . :*n\v~;~tJ~lMti TO THE PROTHONOTARY: Please enter the appearance of APRIL L STRANG-KUTAY, ESQUIRE and Goldberg, Katzman, & Shipman, P. C. on behalf of Plaintiffs. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~r /~ April . Strang- , Esquire Attorney I. D. No. 46728 p, O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs DATE: August 21,2000 50074.1 ~ ~"' " ~" '.' '"~~--"~_..~~.;,_ < ",,<u ,~,-,<,." ,- - ",.""",~.,.,,,, j , '. CERTWICATEOFSERVICE I hereby certifY that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Kevin E. Osborne, Esquire Hartman, Osborne & Shoop, P.C. 126-128 Walnut Street Harrisburg, P A 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: April ,Strang-Kutay, Attorney for Plaintiffs Date: August 21,2000 ~- o ~ ;+i F:~: Z::;:) -7,-"- c.~~'?:: 2('~j ~>C ~C; :Pc:: ;;..; =< C) o Do n ":"~1 j cS "".) r') "'\J ~~",- j\-.) ;;'j ~ 5::1 -, CJ ~,,',":,",,' , , , ,"",',,,,,,; ,., ',,' ,,,,-,,",,,,,-, " '.,,",,:; ,,'--, " , ',- ;'"'~~ ,,',c ,(" '~D'."'';'''I , , , HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-3030-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, CIVIL ACTION - LAW Defendants NQtt~t:,~lt!~,11JllN~tPN'J]0:1JlNfu~i,mi.j~1~1Il';!Ni~\~~js TO: Harold C. Perkins and Jean S. Perkins c/o April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Counsel to Plaintiffi) DATE OF NOTICE: February 5, 2001 IMPORTANT NOTICE You are in default because you have failed to file a Complaint in this case. Unless you act within ten (10) days from the date of this Notice, a judgment may be entered against you without a hearing and you may lose your right to sue the Defendant and thereby lose property or othel important rights, Respectfully submitted, HARTMAN, OSBORNE & SHOOP, P,C. By: ~r;~ I Kevin E. Osbon:e, Esquire Supreme Ct. J.D. #34991 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Attorneys for Defendant, Chambersburg Hospital , .,' ',', .c, I' . ,,"'~ ""<' 0_ ",n, ~. ~,~"'."_;,",.>'/;h ,.; ,"""." "".-'.' ,', "", "".',' """,""c,;-"~";:~~:"c,""'""'4'",,;,,' ~'.," "':'':""'~~i CERTTFICA TE OF SERVICE I, Kevin E. Osborne, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: David P. Perkins, Esquire Weigle, Perkins & Associates 126 East King Street Shippensburg, PA 17257-1397 (Counsel to PlaintifJ) April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, P A 17108-1268 (Counsel to Plaintiffs) HARTMAN, OSBORNE & SHOOP, P.C. Dated: February 5, 2001 By: ~~ evin E. Osborne, Esquire Supreme Ct. LD. #34991 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Attorney for .all Defendants , , Ui.i.;....<, [ .,'~ - ~liIiiIiiiIt ""~~'~~ - ,...,.. 1 ~ _ i>:l ~, "'---- ,.....' ." " ',,,~ I '~;;. , ~;~"I, .' -'" 0 0 C 0 -~ ,"1 "0 ,,,. .." mUJ ~l ,,~.-J 2fT! :n t.V :;~; ,::n Zc I :~gb C/) :'; en ~~'-'" ;{(~J ~C :2 )> " -;-, ZC -'A :-"'S 2:! 5>0 rs; ':-;->=-C) c " , , Z ~-,~ "j :.,.) -I ..... .-.J ~ -< -'~''--' " " '~.,',' -'" _,]' ~ ",' 'N ,., . ,,~~.,'-;-~., ",.,<~(,'y,.., <"",,,,-,,,-;""",j/,,,,-, l:" "c '~','~'''.' <,' ii..,;;,.;;',~,,>~',,; C".,..,' ",o',:<iiJ; "f/ April L. Strang.Kutay, Esquire Attorney 1. D, No, 46728 GOLDBERG KATZMAN, P.c. 320 Market street P,O, Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 OCT 1 5 LUU4 ; Attorney for Plaintiffs DAVID P. PERKINS, As Administrator of the Estate of Harold C. Perkins, Deceased, and JEAN S. PERKINS, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D" tJd/b/a SHlPPENSBURG MEDICAL CLINIC, SHlPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants NO. 00-3030 CIVIL TERM JURY TRIAL DEMANDED ORDER ANDNOW,this d(P~ dayof (iltr;fJ.-/J/N ,2004,uponconsiderationofPlaintiffs' Petition for Status Conference, it is hereby ordered that a status conference is scheduled for {Ju.MnWJ J{) , 2004 in Courtroom f cd c:<; tfZJ ;0' /?? . i dJ J. , ,~, \0t:~Gr:~i:i~J'i~'{ :':;. " ^' G:. \ /", >'\\.\ '" L'-0v' ,./' f)h <-- . ('.. \ ,) ~"{:, J' ~ "'" ,,'- " , ,"~~~";;',,'~' ,. - -:- I'~"'"~ , - '~'< ~ ~.--~' " '.- '-, ""'.;'. ""<,,,/ '.' ,I --,;; ,',,';' ,'c'" .,.", h', __'" o'/.U'h ..' '~'. ,-,'~"'.;,,;,~, '-'. "~~~'~';;;"--"" ' '"-"":':':"{""'-;"'- ''',''',' ,';{ 'I; ~,: .'~ <,~,"" "'_,"o~"""""i'..,~,~~,"'.~' ~, o,>';"ij ~ April L. Strang-Kutay, Esquire Attorney L D, No, 46728 GOLDBERG KATZMAN, P,C. 320 Market Street P,O, Box 1268 Harrisburg. PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiffs DAVID P. PERKINS, As Administrator of the Estate of Harold C, Perkins, Deceased, and JEAN S. PERKINS, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, LYNN 1. ADAMS, M.D" and DERWOOD 1. STETSON, M.D., t/d/b/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants NO. 00-3030 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' PETITION FOR A STATUS CONFERENCE AND NOW, comes the Plaintiffs, David P. Perkins and Jean S, Perkins, by and through their counsel, Goldberg Katzman, P.C., who files this Petition for Status Conference by respectfully stating the following: 1. The case was initiated by Writ of Summons on May 15, 2000; the Complaint was filed on February 15, 2001. 2, Defendants filed an Answer with New Matter to Plaintiffs' Complaint on March 8, 2002, 3. On March 26,2002, Plaintiffs filed a Response to New Matter of Defendants , 4. Thereafter, written discovery commenced along with the taking ofthe depositions of all parties. 5. Plaintiffs submitted expert reports to Defendants' counsel. , _ "",,.: "4~'~'." " .,~ , ,,',,~'. ",] 00, ,,_,,' ,,' . -'^" J",d'" ';. ;,,-'Q ',,-,',";1,,;:;:,;: ',-j '."'1 6, To date, Defendants have not submitted expert reports. WHEREFORE, Plaintiffs respectfully requests that a status conference be scheduled wherein the parties can set forth a schedule for the submission of Defendants' expert reports, discovery deadlines, motions deadlines and a trial date, Respectfully Submitted, GOLDBERG KATZMAN, P.C. By: ~A April L. trang-Kutay, Es ui Attorney LD. # 46728 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: /~ // Iltf Attorneys for Plaintiffs , , CERTIFICATE OF SERVICE I hereby certify that I served a copy ofthe foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Kevin E, Osborne, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, P A 17101 Date: lol ~! O-! GOLDBERG KATZMAN, P.e. By: ~~d~leQ~~ April L. Strang-Kutay, Esquire Oili" ..", ~"~~="<"....,,,,,' "C~'" ~"'n' ~ "~ " ~r I. ,--~ C) ,:~ .......' ~ <:.:::::;:. ~..- CJ c> -I o -n -; dlfn --Clrn :9? ~() ""I'--"t ("') ~~1 ~71.) ()rn ~ ~< w ~ _Slo (:,) C)- ',,',-, ,--,' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DAVID P. PERKINS, ET AL TERM, -VS- CASE NO: 00-3030 LYNN 1. ADAMS. M.D. ,ET AL as a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KEVIN OS~ORNE, ESQUIRE 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: 04/21/2001 ~S ~ehalf of ~ ~UIRE Attorney for DEFENDANT DEll-247831 56129-LOl I,..;" ,.' "". ,.","," COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DAVID P. PERKINS, ET AL TERM, -VS- CASE NO: 00-3030 LYNN 1. ADAMS, M.D. ,ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ROBERT RECTOR. MD. MICHAEL R. CASHDOLLAR MEDICAL MEDICAL TO: APRIL STRANG-KUTAY ESQUIRE HCS on behalf of KEVIN OSBORNE. ESQUIRE 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 HCS office. DATE: 04/01/2001 MCS on behalf of KEVIN OSBORNE. ESQUIRE Attorney for DEFENDANT CG: KEVIN OSBORNE, ESQUIRE - 2000 1134 Any questions regarding this matter. contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-149059 56129-COl - =' ~ ',^,. =": COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERl.-\.."D DAVID P.PERKINS AS ADMIN,OF ESTATE OF : HAROLD C. PERKINS, DECEASED ,& JEAN S. PERKINS : VS File No. 00- 3030 LYNN ::r.ADAMS, M.D., ET AL SUBPOENA TO PRODUCE DOCUMTh-rS OR THINGS FOR DISCOVERY PURSUA..1I,;-r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ROBERT RECTOR, M.D. (S~mt of Penon or Entity) Within ",'e"'). (10) days aiter service of this subeoena.,you are_Q.rdered by the (Ourt to produce the following documents or things: SEE ATTACHI,;D ., M"<: r.llnT11> TNI' I 1 h01 MARKF.'l' S'l'.. 11800. PRILA. .PA 19103 (Adc:lr~s) You may deih'ef or mail legible copies of the documents or produce things I"equested b}' this subpoena. together with the certificate of compliance. to the party making this request at the addres listed above. You have the right to seek. in advance, the ~asonable cost of preparing the COpi6 or producing the things sought. If you fail te Tooduce the documents or things required by this sub?O"_ within twenty (:!Ol days aiter its sen' ice. the party sen"ing this sl.:bpoena may seek a court order compelling you to comply with it. THIS SL'BPOENA WAS ISSUED AT THE REQl..'BT OF THE FOLLOWING PERSON: NAME: ADDRESS: KEVIN E. OSBORNE, ESQ. 126-126 WALNUT ST. HARRISBURG, PA 17101 TELEPHONE: 215-246-0900 SUPREME COURT 10 I: AITOR.~E\' FOR;\FFFNnAN'T' BY THE COURT: DATE: '/11au../ dl1f' c2tZJ/ Deputy Seal of the Court (Sf!, i /97) iii''''''' ..... -~ "'. ~" J'."j""""~.:J,,,' ~ ""-"J,! EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT RECTOR, MD. 120 N. 17TH STREET STE. 206 CHAMBERSBURG, P A 17201 RE: 56129 HAROLD PERKINS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: HAROLD PERKINS 521A W. KING STREET, SHIPPENSBURG, PA Date of Birth: 12-08-1923 5UlO-298056 5612 9 - LO 1 .~-- - , :",,, ;,. ~ - ;, ";' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DAVID P. PERKINS, ET AL TERM, -VS- CASE NO: 00-3030 LYNN 1. ADAMS, M.D. ,ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KEVIN OSBORNE, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/21/2001 KEVIN OSBORNE, ESQUIRE Attorney for DEFENDANT DEll-247832 56129-L02 .~, cC--'." COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DAVID P. PERKINS, ET AL TERM, -VS- CASE NO: 00-3030 LYNN L ADAMS, M.D. ,ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 aOBEllT llECTOa. MD. MICIIAEL R. CASHDOLLAR MEDICAL MEDICAL TO: APlUL S'rRAHG-KIlTAY ESQUIllE MCS on behalf of KEVIN OSBORNE. ESQUIllE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date lislted below in lIhichto 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 off ice. DATE: 04/01/2001 MCS on behalf of KEVIN OSBORNE. ESQUIllE Attorney for DEPEllDABT cc: KEVIN OSBORNE. ESQUIllE - 2000 1134 Any questions regarding this matter, contact TBE MCS GROUP DlC. 1601 MA1UtE'1' STllEET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-149059 56129-C01 =~ ~ =~ ,";' - "~". ", COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLA_'-'D DAVID r.PERKINS AS ADMIN,OF ESTATE OF : HAROLD C.PERKINS,DECEASED,& JEAN S.PERKINS : VS File No. 00-3030 LYNN 1. ADAMS , M.D., ET AL SUBPOENA TO PRODUCE DOCUMTh"TS OR THI~GS FOR DISCOVERY PURSUA..l\"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: M.R. CASHDOLLAR, M.D. {Nam~ of Pe'non or ::.zl;cty) \'\'~thin "",,'e~' (10) days after sen'iee of this subJ1~naAT9ritffi.i6dered by the court to produce the following documents or things: SJ\E at Mr~ f:l?nlll' TNr. lfiOl MARKET ST.. 1/800. PHILA.,PA 19103 I.~ddrn.) You may deiinr 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 adclress list.... above. You haovethe right to seek. in advance. the ~asonable cost of preparing the copies or producing the things sought. If you fail to "oducethe documents or things required by this subpoena.. within twenty (20) days after its sen'ice. the party sen'ing this ",bpoena may seek a coun order compelling ~'ou to comply with r_ THIS SCBPOENA WAS ISSUED AT THE REQl;EST OF THE FOLLOWING PERSON: NAME: KEVIN E. OSBORNE, ESQ. ADDRESS: 126-128 WALNUT ST. HARRISBURG, PA 17101 TELEPHONE: 215-246-0900 SUPRE.~fE COURT 10 II: ATTOR."\EY fOI\lF.l1F.NTlANT BY TIIE COURT: DATE: 'm~ d28 ~I cnputy Seal of the Court (Eff, 7/97) *~~ h ", ,I. , EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MICHAEL R. CASHDOLlAR 120 N. 7TH ST. SUITE 206 CHAMBERSBURG, P A 17201 RE: 56129 HAROLD PERKINS Any and ail records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: HAROLD PERKINS 521A W. KING STREET, SHIPPENSBURG, PA Date of Birth: 12-08-1923 SUIO-298058 561.29 - L 0 2 .~ )!WI&'ii;!~lI6l~~~~!!iilim~;;ii~.' - '" - .~. ,," ,., <. ~, - >.~ .lIIiiliI!ii!lilii~lillMilgW'.- ~ J.' Q 0 ,~ - ~",'8? ...r:1 ~- ;:$<..: 1:<::0 .:t>(') if;o -j ~ -- ;,..;.~:.~".". .,. bo -0 ='0 ~ (.;r; CJ -" ::;;j .bo .:J; FJ1ifJ -r,_ -"<'s $;!6 .:r:l:r, '~)_.:Ir ,:>'0 C}rn j;;! :::0 -<: ~_h~ . ,", . " '~.;t- . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DAVID P. PERKINS, ET AL TERM, -VS- CASE NO: 00-3030 LYNN I. ADAMS, M.D.,ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KEVIN OSBORNE, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, ~ (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/0S/200l MCS oj). be~f, o~ __ n, ~ (j.}..,u-(yVJVV /4hn' KEVIN OSBORNE, ESQUIRE --'1 Attorney for DEFENDANT DEll-250447 561Z9-L03 -~" ~ , ,~ " ," COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS DAVID P. PERKINS, ET AL TERM, -VS- CASE NO: 00-3030 LYNN 1. ADAMS, M.D. ,E'l' AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARDIOVASCULAR ASSOC OF MEDICAL TO: APRIL STRANG-IWTAY ESQUIRE KCS on behalf of KEVIN OSBORllE. ESQUIRE 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 retuming same to KCS or by contacting our local KCS office. DATE: 04/16/2001 .- KCS on behalf of KEVIN OSBORllE, ESQUIRE Attomey for DEFENDANT CC: KEVIN OSBORllE, ESQUIRE - 2000 1134 Any questions regarding this matter. contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-150162 561.:2 9 - C 0 1. - ~ , COMMONWEALTH OF PENNSYLVANIA , COUNTY OF CUMBERLA..'oiD DAVID P.PARKINS ,AS ADMINISTRATOR OF THE ESTATE OF HAROLD C PERKINS, DECEASED & JEAN . S.PERKINS VS File ="0. 00-3010 CHAMBERS BURG HOSPITAL SUBPOENA TO PRODUCE DOCUMThtS OR THINGS FOR DISCOVERY PURSUA.l\"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARDIOVASCULAR ASSOCIATES OF CHAMBERBURG (S..mir 'o( Person or :nary) Within rw.~'I~) days Uter setvi.. of this subp",,"a. YQu ore ord.red by the ......r! to prod.... the following do.um.nts or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Ad_II You may deih.er or mai11.gibl. .opies of the dOl:Ume"tl or prod....thinp request.d by thil s..bp""n.. tog.ther with the ,.rtifiul. 0: ,0mpUan... to the puty mwng thil r.qu.,tat th. ad.u.s listed abov.. Yo.. ha,'e the right to s..k. in ad..."... the ,...onabl. .011 of preparing th. .opies or prod..<ing the,UUngs._ght. If you flille '"od....the do.:um."II or thingl r.quir.d by this subpoena. wir!'.in tw.nty (~) days aft.r its s....'"., the potty "",'ing titis s".po.na may seek a.oun ord.r .ompellingyo.. to .omply with i"_ THIS St."BPOENA WAS ISSUED AT THE REQUEST OFlliE FOLLOWING PERSON: SAME: l<RVTN R. OSBORNE. ESQUIRE ADDRESS: 126-128 WALNUT ST. HARRISBURG, PA 17101 TELEPHOS::: ? 1 ~-?46-0900 SlJPRE.\fE COURT ID II: ATIOR.";EY FOR: DEFENDANT DATE: _f1.f>til \. It') :Jc~1 , PntnoftOUJj/Oerk. ivisiol'l a{)~O~p ~lG/ "-- Seal of the Court ::: 7/9:-\ "' ~ "~ ""1. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARDIOVASCULAR ASSOC OF CHAMBERSBURG 601 NORLAND AVE CHAMBERSBURG, fA 17201 RE: 56129 HAROLD PERKINS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: HAROLD PERKINS 521A W. KING STREET, SHIPPENSBURG, PA Date of Birth: 12-08-1923 ~ . SU10-300218 5612 9 - L 0 3 liliiill~~OOti!;tIf&,",,~i;!iliIii*l;IIiI1lBIOO~lilil'ftf;j'l!!J.~~i-~l,~~Q~"''-''''-liiIIliIliiIhlilill - "? ~.'~"""""""""=":"~''-=' ,. "".'I_iIi!iIl!!lIi!lid~ II MiIliIi , () 0 0 C -'D S~ :x veL! 3.? ., , mf':~ ~.,< 2:1,:1 --'I wS -', .r.' i -<"'~. () kC~': "'"[, n - ~2 ~. , c-: ::_) lTo :--< Z ~ 5::1 =< ~ .;::- -< ~ ".""', ',',. " " ~, '" ~ " ,,'~I" .-',--, ,,' HAROLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-3030-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SIDPPENSBURG MEDICAL CLINIC), SIDPPENSBURG FAMILY PRACTICE, LTD., CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants CIVIL ACTION - LAW ~~~~~'l7;(fJ'~~~~W~(!J~'bEFE~~s;t~~t~~~,;1\\l.~.;~. ])ERW,.,.,',.,.O,',',.".,Q,.,.,~,.,' L,.,."., S, T,.,;.E,,',.,'.:F,., ,S,."li),i..."N,.,.".,",.~;~..(, t,r, .a.",ll,',,',l.,.o, g"."~,,n,4.' ,.,d",'o, m,.,. ,g.", D.' ,u",s,i,n"".",e." 8,8, a, .,s",s"iHm,.".,. ".P,.,.,.,E",NSB,',,:, UR"" ,', ,G _"DICM.(:LI~~)J$" '" "~s.~t1'RGF'~ty~~en~,~i'D., TBE ~~~~1l! 'S"iI;f~"('$~~.~,)JI", 1. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 1 and proof thereof is demanded at trial. 2. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph I and proof thereof is demanded at trial. 3. Denied as stated. It is admitted, however, that at all times relevant hereto the Defendant Dr. Adams was a physician licensed to practice medicine in the Commonwealth of Pennsylvania with a business address at 46 Walnut Bottom Road, Shippensburg, Pennsylvania. 4. Denied as stated. It is admitted, however, that at all times relevant hereto the Defendant Dr. Stetson was a physician licensed to practice medicine in the Commonwealth of Pennsylvania with a business address at 46 Walnut Bottom Road, Shippensburg, Pennsylvania. ;,,,,,:,<; '"" " ,", ~'" , . ,~'" , " !-'" , -"~ " " ~.,,' ,,~. ~'.'. '~;",,~' , . " , 'n'~. .,o,? ~"" -;,~. ,': ',',', ,.' 5. Denied as stated. Shippensburg Family Practice Ltd. Is a limited liability company organized on January 9, 1998. Defendants Drs. Adams and Stetson did business as Shippensburg Family Practice at 46 Walnut Bottom Road, Shippensburg, Pennsylvania. 6. Denied. There is no such entity as Chambersburg Hospital/Summit Health. Chambersburg Hospital and Summit Health are separate and distinct entities and do not exist as one legal entity. 7. Denied as stated. Defendants Drs. Adams and Stetson did business under the name Shippensburg Medical Clinic, LTD. from 1973 to approximately March 1, 1996. From March 5, 1996 they were employed by Cumberland Valley Medical Services, and operated under the fictitious name of Shippensburg Medical Clinic, owned by CVMS. Shippensburg Family Practice, LTD, a limited liability company organized on January 9, 1998, registered the trademark Shippensburg Family Practice on March 16, 1998 and so Drs. Adams and Stetson practiced under that trademark from March 16, 1998 nntil their respective retirements. 8-31. The averments of paragraphs 8 through 31 are denied in accordance with Rule 1 029( e) of the Pennsylvania Rules of Civil Procedure. FIRST CAUSE OF ACTION 32. The Defendants incorporate herein by reference their Answers to paragraphs 1 through 31 above as if set forth at length. 33. The averments of paragraph 33 state conclusions oflaw to which no answer required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. 2 -, ,,~~'~ .:-"'J' , ",.. '- ~,", ""-' '. ~ "",' ,~ C"~, , 34. It is admitted that the Plaintiffs bring the action pursuant to the stated statute. 35-36. The averments of paragraphs 35 and 36 are denied in accordance with Rule l029( e) of the Pennsylvania Rules of Civil Procedure. SECOND CAUSE OF ACTION 37. The Defendants incorporate herein by reference their answers to paragraphs 1 through 36 above as if set forth at length. 38. The averments of paragraph 38 state conclusions oflaw to which no answer is required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. 39. It is admitted that the Plaintiffs bring this action pursuant to the stated statute. 40. The averments of paragraph 40 are denied in accordance with Rule l029(e) of the Pennsylvania Rilles of Civil Procedure. COUNT I 41. The Defendants incorporate herein by reference the answers to paragraphs 1 through 40 above as if set forth at length. 42. The averments of para graph 42 state conclusions oflaw to which no answer is required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. 43-49. While denying any negligence in the part of the Answering Defendant, Dr. Adams denies in accordance with Rule 1 029( e) of the Rules of Civil Procedure, the averments of paragraphs 43 through 49 and proof thereof is demanded at trial. 3 ',~, Ij. ". _ - ,"'Or' ~~ .- ":'-,...'. WHEREFORE, Defendant, Dr. Adams demands judgment in his favor and against Plaintiffs. COUNT II 50. The Defendant incorporates herein by reference the answers to paragraphs I through 49 above as if set forth at length. 5!. The averments of paragraph 51 state conclusions oflaw to which no answer is required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. 52-58. While denying any negligence on his part, Defendant Dr. Stetson states that the averments of paragraphs 52 through 58 of Plaintiffs Complaint are denied in accordance with Rule I 029( e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Dr. Stetson demands judgment in his favor and against Plaintiffs. COUNT III 59. The Defendant incorporates herein by reference paragraphs I through 58 above as if set forth at length. 60. Denied as stated. It is admitted that since March 5, 1996, Defendants Drs. Adams and Stetson practiced medicine at Shippensburg Medical Clinic. Furthermore, as of March I, 1996, Defendants Dr. Adams and Dr. Stetson were employed by Cumberland Valley Medical Services, a Pennsylvania Non-Profit Corporation and as of March worked under the trade name Shippensburg Family Practice. 4 , ~'~y~-~" '--,,- ,,'-' , ." ~-;;",": 61. The averments of paragraph 61 state a conclusion oflaw to which no answer is required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. It is further stated that the averments of paragraph 61 fail to state a cause of action upon which relief can be granted. 62. No negligent conduct of Shippensburg Family Practice, Ltd. has been pled and, therefore, paragraph 62 is denied. Furthermore, to the extent it is deemed that negligent conduct has been pled on behalf of Shippensburg Family Practice, the averments of paragraph 62 are denied in accordance with Rule 1 029( e) of the Pennsylvania Rules of Civil Procedure and proof thereof is demanded at trial. WHEREFORE, Defendant Shippensburg Family Practice, Ltd. demands judgment in its favor and against Plaintiffs. COUNT IV 63. Tbe Defendant incorporates herein by reference the answers to paragraphs 1 through 62 as if set forth at length. 64. Denied as stated. Shippensburg Medical Clinic is a fictitious name which was registered on March 5, 1996 by its owner, Cumberland Valley Medical Services. From March 5, 1996, Defendants, Drs. Adams and Stetson, practiced medicine at Shippensburg Medical Clinic. 65. Tbe averments of paragraph 65 state conclusions oflaw to which no answer is required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. It is further stated that the averments of paragraph 65 fail to state a cause of action upon which relief can be granted. 5 . " '.. d '_,_, ,_ -.,-,-1., ",,_'1.' " ;;, ';', ~- ' - - 1-- _;,,"~ <"~,-"," - ;"';"'_~k_,';'''~'~ 66. While denying any negligence on the part of Shippensburg Medical Clinic, the averments of paragraph 66 are denied in accordance with Rule I 029( e) of the Pennsylvania Rules of Civil Procedure and proof thereof is demanded at trial. WHEREFORE, Defendant demands judgment in its favor and against Plaintiffs. COUNT V 67. The Defendant incorporates herein by reference answers to paragraphs 1 through 66 above as if set forth at length. 68. Admitted in part and denied in part. It is admitted that Shippensburg Medical Clinic was formally registered as a fictitious name on March 5,1996 by Cumberland Valley Medical Services. It is further admitted that Shippensburg Family Practice, Ltd. was registered as a Pennsylvania Limited Liability Corporation on January 9, 1998. The remaining averments of paragraph 68 are denied. Neither Shippensburg Medical Clinic nor Shippensburg Family Practice were controlled or operated by Chambersburg HospitallSurmnit Health. The answer to paragraph 6 above is incorporated herein by reference as if set forth at length. 69. The Defendant incorporates herein by reference its answer to paragraph 68 above as if set forth at length. In further response to the averments of paragraph 69, the Defendant denies the same pursuant to Rule 1 029( e) of the Pennsylvania Rules of Civil Procedure. 70. While denying any negligence on the part of anv Defendant hereto, the Defendant incorporates herein by reference its answer to paragraph 68 above as if set forth at length. Furthermore, the averments of paragraph 70 state conclusions of law to which no answer is 6 J "- - ,k'" - ,;:,"C'",_,' ", -. . < "~ ""' ~~- , j required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. WHEREFORE, Defendant demands judgment in its favor and against Plaintiffs. COUNT VI 71. The Defendants incorporate herein by reference the answers to paragraphs 1 through 70 above as if set forth at length. 72. While denying any negligence on the part of the Answering Defendants, the Defendants state that the averments of paragraph 72 state conclusions oflaw to which no answer is required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs. NEW MATTER 73. Shippensburg Medical Clinic is a fictitious name registered on March 5, 1996 by its owner, Cumberland Valley Medical Services. 74. Counts ill, IV and V of Plaintiffs' Complaint fail to state a claim upon which relief can be granted. 75. Plaintiffs claims may be barred by the applicable statute oflimitations. 76. Pennsylvania Rule of Civil Procedure 238 is unconstitutional on its face and as applied herein. 77. Answering Defendants hereby raise all affirmative defenses of the Health Care Services Malpractice Act of 1975, as amended, including, but not limited to, ~602 and ~606. 7 __ '<<>_._r.<_. ~ j.e'-,,; J.-_-., "0_'__ '-;;, "i--':'_~' n-"~- t__, 78. Any claim or cause of action as set forth in Plaintiffs' Complaint is barred and/or may be barred by operation of the contributory, comparative negligence of Plaintiffs' Decedent as may be developed during discovery, and the same is alleged herein for the purpose of preserving the defense. 79. At all times relevant hereto, Defendants Drs. Adams and Stetson acted within and followed the precepts of a respected school of thought; accordingly, their professional conduct was fully commensurate with the applicable standard of care. Evidence at trial may establish two or more schools of thought applicable to the issues presented in this case and the same is asserted in order to preserve the defense. 80. To the extent that evidence may show that other persons, partnerships, corporations or other legal entities caused or contributed to the injuries or exacerbation of a pre- existing condition of Plaintiffs' Decedent, the conduct of the Answering Defendants was not the legal cause of such conditions or injuries. WHEREFORE, Defendants demand judgment in their favor and against Plaintiffs. Respectfully submitted, HARTMAN, OSBORNE & JOYCE, P.C. By: ~.2*?f(j~ "Kevin E. Osborne, Esquire Supreme Ct. LD. #34991 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Dated: March 8, 2002 Attorneys for all Defendants 8 . .M'- _' <e--,,, 'e,- ,'_~_ "',',~c..-".,,,;"O.q.,..__~ ,-,.-."""__~~',, __'".',..'" . _.,' ,-,t~...; ;""Lr:.-;;.. - ~ ,,~- ~ ;~l,- ;;",.'^ ,.<c.: '.,' ': .:.>~. C." ^"",:'.,~:~'" ~:__;,,,:;" -',;,-_V, ~,~- ';,~.i_:~ --,,,J " KEO/PERKINS v. CHAMBERSBURG HOSPITAL I, LYNN I. ADAMS, M.D., hereby verify that the facts set forth in the foregoing ANSWER WITH NEW MATTER, are true and correct to the best of my knowledge, information and belief. I further state that any false statements are herein made subject to the penalties of 18 Pa. C.S. ~4904 relating to llilswom falsification to authorities. By~~pa~-<-. L I. ADAMS, M.D. i) u , ~ '~ I: Ii ~ ii I ~ II i I I - L, . ,'I : ;'~"..;' ,.,;,co'.,,;_, '''' n, .-'- KEO/PERKINS v. CHAMBERSBURG HOSPITAL . I, NANCY PROBST, hereby verify that the facts set forth in the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, LYNN I. ADAMS, M.C. AND DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL AND SUMMIT HEALTH, are true and correct to the best of my knowledge, information and belief. I further state that any false statements are herein made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. B~"r:- NAN OBST " ,~ , "--, -_T"_>~~- -".;_J, I' , -'-""- ~' ;:";.j~l ,-;",,,,-,,,,,-, ", 0', "", CO,", H -", '" ""~ '.,,;<,, " , , . r_ , " , -<' KEO/PERKINS V. CHAMBERSBURG HOSPITAL I, DERWOOD L. STETSON, M.D., hereby verify that the facts set forth in the foregoing ANSWER WITH NEW MATTER, are true and correct to the best of my knowledge, information and belief. I further state that any false statements are herein made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. BY: 0, Wl0lJv--I :14)U~)-VU I;) DERWOOD L. STETSON, M.D. I . . ,.. ,'~ ,,"I~hJ,""",.':--- <.~<- ,_~_"'< ,-<",-~' ,-,., ,....;- '>'-'''0::'-',""' , ',," ~"' _ CERTIFICATE OF SERVICE I, Kevin E. Osborne, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, P A 17108-1268 (Counsel to Plaintiffs) HARTMAN, OSBORNE & JOYCE, P.C. Dated: March 8, 2002 By: )~ t(Jho_ Kevin E. Osborne, Esquire Supreme Ct. J.D. #34991 126-128 Walnut Street Harrisburg,PA 17101 (717) 232-3046 Attorney for all Defendants !MidI. -'<""~, '-~JJiI:I.ljliliWjjJiliill~~ LJ~l1i1li1litJlDllU~~lIi:liIiliilll1~"" '~-"l~ 'fIo~ _:...-;.. ... " .. ~ ~..... ~,~ L I.. ,,---'. .. I II Ii II il j , ... 0 0 () c::: 1'0 " :S,... :r:: ::;.~ ""U n, -r'~ lT1 ~C;) i:~ ::D Z J'J 7: , -r:J '" e/) r-.:: -;, ., C) , -<. () ~~ ..,., ~1~ ~T\ :J';; :::J -<..- C) C: S>C :5 m Z C- ~ =<! .." co -< r ~>'.'" DAVID P. PERKINS, As Administrator of the Estate of Harold C. Perkins, Deceased, And JEAN S. PERKINS, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 00-3030 CIVIL vs. LYNN 1. ADAMS, M.D., and DERWOOD 1. STETSON, M.D., t/d/b/a SIDPPENSBURG MEDICAL: CLINIC, SHIPPENSBURG F AMIL Y PRACTICE, LTD. And CHAMBERSBURG HOSPITAL! SUMMIT HEALTH, Defendants JURY TRIAL DEMANDED INRE: STATUS CONFERENCE ORDER AND NOW, this 70'" day of December, 2004, following conference with counsel in Chambers, it is ordered and directed that: I. Defense expert reports shall be forthcoming in this case on or before February 28, 2005. 2. Supplemental expert reports shall be forthcoming within thirty (30) days of February 28,2005. 3. Counsel for the plaintiffs will list this matter, prior to March 28, 2005, for trial in May of2005. BY THE COURT, ~::: .44- it - , ~ ~ F~~" E'"\ rg0r:;: IL U-L"JI-/ Vi.... OF THE PROTHONOTARY 20115 JAN -6 AN 9: 07 CUil/6;;". CGUNiY PEi'.Ji\!S~"L~AN1A ! f. I.; '"~ ~ if: - 11 ~1IlI~ - " .n, ''"'l"'""~!ll!Il!\I ..---- ",I April 1. Strang-Kutay, Esquire For the Plaintiffs Kevin E. Osborne, Esquire For the Defendants :r1m 'I,; ~, f fir , -"~ - "~ "" - ,,~, - " -~ " , ~ ' -,- -<.A'.FJ ."--'----'''-.' "-,-. ~ -----/,--~~" ,-,-- -'~,~," "';".-1 . HEMPT BROS., INC., ii, Plaintiff J~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 00-8443 CIVIL J.P. DONMOYER, INC., Defendant IN RE: STATUS CONFERENCE ORDER AND NOW, this 'i tL day of January, 2005, following status conference with counsel in Chambers, it is ordered and directed that: 1. All depositions and further discovery shall be completed within thirty (30) days of January 3, 2005. '" .ill 2. Any and all supplemental expert reports of the defendant shall be forthcoming within forty-five days of January 3, 2005. The Prothonotary is directed to list this matter for the trial term commencing March 15, 2005. BY THE COURT, !!1/Zoll f~ Michael 1. Bangs, Esquire For the Plaintiff Michael A. Boomsma, Esquire For the Defendant c~~ ~4 ,~, I' ,II-I.. I :rm , . :1 ,~ -'LI-r'" O'-""("\f"" h .:~j-{ rr-l'../!..: OF T' I~ F"Y -1"Hn",o'" RI' . - nt '11J IV; .'~ Jl"d , 2005 JI\N -6 tiii 9: 07 Ci'\i,,::-i \.,11,..",,_-- PE\~i ~~~ '~:..." i)JUNTY -.iSYL'v:t\NJA , \~" W~.!M,,"~_~ '_ ... ~~T 00<__' ~"" -~ -~ - ~~. ", .I .. 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. . --------..---------.-----------...-.--------....-.------.-----------------.------------------.-.------------.---.....-.-----.--------....-----..---..------.--.- l' CAPTION OF CASE (entire caption must be stated in fUll) (check one) DAVID P. PERKINS. As Administrator of the Estate of Harold C.Perkins. Deceased. And JEAN S. PERKINS. his wife. Assumpsit Trespass (Plaintiff) Trespass (Motor Vehicle) Medical Malpractice (other) (X ) vs. LYNN L ADAMS, M.D. and DEmmOD L. STETSON, M.D., tIbIa SHIPENSBURG MEDICAL CLINIC, SHlPPENSBURG FAMILY PRACTICE, LTD And CHAMllERSBURG BOSPITAL1SUMMI'f HEALTH The trial list will be called on April 19. 200~ and Trials commence on Mav 16. 200~ (Defendant) Pretrials will be held on April 27. 700~ (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) vs. No. 00-3030 Civil 19____ Indicate the attorney who will try case for the party who files this praecipe: April L. Strang-Kutay, Esquire Indicate trial counsel for other parties if known: Kevin R O"hnrn.., R"qniT" This case is ready for trial. Signed~ Print Name: Auril T.. Date: -.11QLo/Cf5 Attorney for: Pbintiffs. .' ~ .. ___,C.__,,", "'J . CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Peunsylvania and addressed as follows: Kevin E. Osborne, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, P A 17101 Date: 1 )()/pID5 GOLDBERG KATZMAN, P.c. By: ~~~Q~~~for April 1. Strang-Kutay, Esquire ~. ' ~ ,~,,"" - . .." 41 I H ,} -) " ',~' , ~,-'. ^", " '.;.;... - -\~.i-,;-:, -'0 (") f:;; c~~ll~V ,",:','" ;;-:> r~ c..-j )" -~ .~~-- l"""'----' ~E; .J>c: z ":j -, - -- ~ 1 ~ # . i i i ~; 'I' J j "" = = en '- ",. ::i': N _J o -n :t rn:n -oh; ;nrl aT _~;o :J::p L)(~] 6r1~ ~ :n ., -u ::e: N o 0.) - .. ',-, c -~,< _ ,_ ___",__, ,-'~'_"._'" ,,,', -, , .. HARTMAN, OSBORNE & RETTIG, P.C. Kevin E. Osborne, Esquire Cindy N. Ellis, Esquire 126-128 Walnut Street Harrisburg, P A 1710 1 (717) 232-3046 (Fax) (717) 232-3538 .'.".'" ""1'___., --'-., .'__'"0 .... ,,~i>./" "t..:_,-- __-0""';; I~ v\ MAR 232005'(1' Attorneys for Defendants v. DAVID P. PERKINS, as Administrator of the Estate of HAROLD C. PERKINS, Deceased, and JEAN S. PERKINS, his wife, Plaintiffs, LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SIDPPENSBURG MEDICAL CLINIC), SIDPPENSBURG FAMILY PRACTICE, LTD., CHAMBERSBURG HOSPIT AL/SUMMIT HEALTH, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-3030-CIVIL TERM CIVIL ACTION - LAW ...... ncQ'RiiIit.. AND NOW, this Z8'dayof ,.,.,~ , 2005, upon consideration of Defendants' Motion for a Continuance, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED that the case is stricken from the May 16, 2005 trial date. BY THE COURT: ~/fJ J. mili~"" "" .. "~ Illi ',-",'~ " tr' - ,- ~ -- . ,~...". , _, _~._ _ Cd' ",-" '"',' -.'- '" .. . ., ,'""" - i- .~ --- - --" --- ' RLED-OfFICE OF '!HE PROTHONOTARY 20051'1AR 28 PH 3: 3 I C')' 'I" """" " ," '"'"'J' \TV 1, ;V~t>~J-\U'~;;'~U \~,U\ 1",.11 PC'~"li\IQVi \I~"\,'IA .ri' -Iv !....I'), 4. \~ltJ ,\ IV, ,," VI \, '\. ~ " \ < '" ,~ , . .'- ....1 .. ' ., ,.-- "'d' ""0"_'_--_-., c' 'I- ,-",,~ -_C'-'J- - c ~"' t ,;- ^' ,., '^':.'''~ <.' ",-, "-,'~d;"~'.I.v"'A~, .;-,," ~i,: I" I~ I~J IIj I~J Jj 'l tj i~ ;~ 'o' o f~ '#. HARTMAN, OSBORNE & RETTIG, P.C. Kevin E. Osborne, Esquire Cindy N. Ellis, Esquire 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 (Fax) (717) 232-3538 ,', ;-! n Attorneys for Defendants v. NO. 00-3030-CIVIL TERM p fi '11 1 'j ~1 [1 1 Ii Ii , lei -I ~ .': DAVID P. PERKINS, as Administrator of the Estate of HAROLD C. PERKINS, Deceased, and JEAN S. PERKINS, his wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffs, LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants. CIVIL ACTION - LAW 'I.:.! , 11 ~'J tl Ii l I I I i ! I I I i I I I I I I ,--"-,',,,"",,'- -" """"-;;,,-;,;,,;,,,.-,,-,-, ........;-j;JlliJl~$'~:ti~'.I:!JijNli~,&lllIiNOO'~:i~~i,:...;.. ... AND NOW, come Defendants, by and through their attorneys, Hartman, Osborne & Rettig, P.C., and file the within Motion for a Continuance as follows: I. The within medical malpractice action was initiated by Writ of Surmnons filed on May 15, 2000, with the Complaint being filed on February 15, 2001. 2. On or about January 27, 2005, Plaintiffs filed a Praecipe to list the case for trial. 3. The case has previously been handled by the Honorable Kevin A. Hess. --" ,,<~-, ",-,. ,_ ,. ;-'-l'~ ~ ' '. '- ,-- >~-_ i ,__'., ~_,' '",..--~ _>,;".,_; _ , " - --,~- 1-" -:-'_ ';-''-'';- .,.- , '. '.. 4. The case is listed for trial to start on May 16, 2005. 5. Defendants are insured by the MIIX Insurance Company. 6. By way of background, the MIIX Insurance Company was placed in rehabilitation by Order of Court on September 28, 2004. 7. Subsequently, the Commissioner of the Department of Banking and Insurance of the State of New Jersey filed an application with the Superior Court of New Jersey seeking a stay of the commencement of trials, the scheduling of settlement conferences, mediations and arbitrations in order to implement a proposed settlement plan. 8. The purpose of the application for the stay was to provide MIIX Insurance Company the opportunity to evaluate cases in order to make settlement offers to Plaintiffs' attorneys in cases that are deemed to be necessary to settle. 9. On February 24,2005, the New Jersey Superior Court entered an Order granting that stay. However, the Court specifically acknowledged that "this Order may not be effective outside ofthe State of New Jersey; however the potential for success of this settlement plan is dependent in part upon the courts of foreign jurisdictions being indulgent in granting comity to this Order." I O. Accordingly, Defendants herein respectfully request the within action be continued from the May 16, 2005 trial term in accordance with the request of the Superior Court of New Jersey. II. It is believed that allowing this case to be cQntinued could result in the matter being resolved without further court involvement. 2 --" o-e,.:.-jij;:i ii' " ~~ [1 ,Ji 1:1 ~:I !'Ii I" r!i I!~! fil :~ iI j "I '1',:,1 'i !il Ii 'I 'Ii ": !~ ~1 [J [I! ~'!I ',ii Ji (,i ~~ li1 l:i r!1 ~ ~Ii [Ii I": ,~ 'I Iii t!1 ('I ~j: t;i ~i: 'j,;" .fl._,.,.... ,'"1,, ",'-",-;, 'C ,.^;S -,C .,-~ ..:.j....... ;,:;,;iJ ~I f' , [: ! II II fl i . ~ 12. Should the request for a continuance be denied, it is believed that Mlrx Insurance Company's plan for winding down will be frustrated, potentially resulting in the bankruptcy of MIIX Insurance Company; thereby, frustrating the resolution of this case. 13. Concurrence has been sought in this Motion from Plaintiffs' counsel, April , I fj ~ ,~ II I' ~ ~ I, 11 b ~ ~ 1 Strang-Kutay, Esquire and she has indicated that Plaintiffs concur with the Motion. WHEREFORE, it is respectfully requested that the within medical malpractice action is continued from the May 16, 2005 trial date in accordance with the request of the Superior Court of New Jersey. Respectfully submitted, By:L'~ r[j~ Kevin E sborne, Esquire Supreme Ct. J.D. #34991 Cindy N. Ellis, Esquire Supreme Ct. J.D. #83823 126-128 Walnut Street Harrisburg, P A 1710 I (717) 232-3046 fi {l I: Ii [i u lj Ii 1:: [1 i Ii " I I i HARTMAN, OSBORNE & RETTIG, P.C. Dated: March 17, 2005 Attorneys for Defendants 3 '-, '--~.' ,- ~. ._ ;;;,~ .;'.o,:,_._^,~,'__ r', I ,"'"'- J ' ; ,~~_.__.;, " "-' _'", ",,,,", ,',",," ", ';:'d'~~-_ ';;;", . ~c ... I, Cindy N. Ellis, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Counsel to Plaintiffs) HARTMAN, OSBORNE & RETTIG, P.C. Dated: March 17,2005 By ~~~ CindyN. lis, Esquire , Supreme Ct. J.D. #83823 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Defendants iiil' ;'~..d'ioli!!lf"O ,,~'. ~. ~ '"~ ,~".~ ~- , "--'~';'" ,~~ (") c: s::: "IJJ mlTj Zt"'. Z;' (f')",_:," --- ..:::.' ';( t:J P' ") zb >c: ~ . . ...., <:::> ~ :J: :>:!'" ::0 '" o " .-1 fFi:n . r-m ~J ~36 :yl-'T. 0:.:0 z~ o :;:< ~ -0 :J:: W '" co ,"" <',- -, '~ ';" '-I,,,; ," '-10" ___~ ,,_, " _-"_>,'.c \- ;O.i\;:U,~:",;,~~_,_~",',:o", <' ~ ."~,' -, "-,oF,, " - --'-_::,;",~>:~;, - , ,-, J :~,:,:.c~i "" - , ~\ RECEIVED JUL 2 9 2005~ ~' i ,/ HARQLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plain tiffs, v. LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, NO. 00-3030-CIVIL TERM CIVIL ACTION - LAW Defendants. ORDER AND NOW this 2.J day of A..~ ......v , 2005, upon consideration of the Stipulation for Dismissal of Dr. Stetson, it is hereby ORDERED that the Prothonotary hereby marks this action discontinued as to DERWOOD 1. STETSON, M.D. only. Further, it is hereby ORDERED that the caption in this matter should be revised to reflect that the only remaining Defendants are LYNN 1. ADAMS, M.D., t/d/b/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPITAUSUMMIT HEALTH. BY THE COURT: /Ii J. cc: April Strang-Kutay, Esquire Kevin E. Osborne, Esquire ~ ~ ~ f.., ~ ~ '''~o ." I'-! ",'-' '~,'--" " -,--"" .... F\U:Lr.()f:\:\Ct, ,_ 1\,r- F',,-,,",.~' ,r; l'.'"";r'\\/ 1:- ....,- \.:".,, )1'-- :.\-i 1,P_"~ ".1\ 11__ I .', -, "':' ,~f .' " . 7^C- "" 2 ,," I'", lh - .._ iJ ,w_ rt't'j 9: 49 CUi' .' c.k J g. 7 ~ 3 jJ5()Q pdb4qbivC:l~ lLt. ~- L J& 71/ (J .... .. ,_.,.".,,,.... ,~ lIIIl~ . IT ,_ "_""'_~ _~_' "'-, .' ~._' ~, -~" ~.,~> - ~ OSBORNE & RETTIG, P.C. Kevin E. Osborne, Esquire 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 (Fax) (717) 232-3538 Attorneys for Defeudauts DAVID P. PERKINS, As Administrator of the Estate of Harold C. Perkins, Deceased, and JEAN S. PERKINS, His Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, NO. 00-3030-CIVIL TERM v. LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., t/d/b/a SHIPPENSBURG MEDICAL CLINIC, SIDPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED .. .... "..sJii~~&~fii;,ij~\if$MUi.$M, It is hereby stipulated by and between the parties hereto that the above-captioned matter maybe discontinued with prejudice as to Defendant DERWOOD 1. STETSON, M.D. only. Upon filing of this Stipulation the Prothonotary may, upon Praecipe, mark the action discontinued as to DERWOOD 1. STETSON, M.D. only. !J"" _Y - ,'-, ' v Finally, the parties agree that the caption in this matter should be revised to reflect that the only remaining Defendants are LYNN 1. ADAMS, M.D., t/d/b/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH. C:;&d!:::"J;:, Atty. !.D. No. 34- qq I Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendant Derwood L. Stetson, MD. Dated: 1 (1,"1,1 0 ':> April . Strang- utay, E Ulre Atty. !.D. No. 'f f..p 7 .?- ?( Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiff Dated: -1//1 ~S- 2 .,- '< -",1.___"" __ "'.._'_~^< _ ""-'i-,C~;o"__- >_,l.~- ~---'~ ,_.'~' ,-.-. '","',~._',-' ',^,'" " <', '--'-; -->,,: '",_' ,,"-' ,~C:...:;","_'~ ~-";+ ! . CERTIFICATE OF SERVICE I, Cindy N. Ellis, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: April 1. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, P A 17108-1268 (Counsel to Plaintiffs) Dated:tl ');-1 l/) 0 OSBORNE & RETTIG, P.c. By: ~Yi1l~ Cindy N. Ellis, Esquire Supreme Ct. LD. #83823 126-128 Wahmt Street Harrisburg, P A 17101 (717) 232-3046 Attorney for Defendant ~j;_1II ."~-<..;. . , '~ '., '",,"""; ~ '.~,.,." c.' ,0." .'0'_0" 111111-"'-'. "" ,n 0 r-' 0 C' ~;C; "'" -n .::_rt -' , <-- ::r:~ 6\, c-"~ r~~s r 0;: \'~ i~~1?-, cc:> ~: " --D - -" ,,;.~ C' .-:- :2'- ~\ ( -, (~) ;'7- [2-_ '-:? , "A ~,7 ':'8 ::::~ <J1 E;(jP- -'- 0-' ~as .. ~ - "" . -" "'o'~'_"__' ,~"" ]--a:,.'0 -, -'c . ~_ , Of.. "' - ~~ ",-,,~'--~ ,"'-,--" --';J~,,'-,'~ _', ~,,_ '-'--'---.,.; April L, Strang-Kutay, Esquire LD, No. 46728 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff ;1 il: 11 " n I, ii [; ,~ t~ H Ii !-I I: H I.; if 't -- .-.. ., CIVIL ACTION - LAW 1:1 ,j ~ , i I~ 11 it 'It J il- l': DA VlD P. PERKINS, As Administrator of : IN THE COURT OF COMMON PLEAS the Estate of Harold C. Perkins, Deceased, : CUMBERLAND COUNTY, PENNSYLVANIA and JEAN S. PERKINS, His Wife, Plaintiffs v. i' ! i. Il !l if ii !( I( i; If Ii Il ;1 r I I I ~- l l ! I I [ r f , [ LYNN 1. ADAMS, M.D., and DERWOOD 1. STETSON, M.D., t/d/b/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG F AMIL Y PRACTICE, LTD., and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants NO. 00-3030 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled, discontinued and ended. Date: I;;/;;./,r- I I pril . Strang-Kuta , Esquire Goldberg Katzman, P.C. 320 Market Street, P.O. Box 1268 Harrisburg, P A 17108-1268 Supreme Court ID No. 46728 (717) 234-4161 " "~ "1'-"." , ; _ I \', "" ! ;,"_2>, ~-', .' ,~, j" "- ^ - ~ - ~ ,. ,..... - " CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Kevin E. Osborne, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg,PA 17101 ~ ! Ii f GOLDBERG KATZMAN, P.C. By: ". ir ! ~ 1 ~: : G enda J. Eberso , Legal Secretary April 1. Strang-Kutay, Esquire Date: /0J!lfo/cD ilIIIImlll' , ~..,'., " ", "",, f_~__ _,___,1 '"lr~"';'-'- '-..b...JL-'$' ,> _"""- .. ~_ ,,v' ,.-- ,." , UW"~'" -t.,.. , , ..~ 0 "'" 0 = C = -n ~ <.n -C1rz--' c:> ~ rnc,--, 1"'1 m:D ~~\' n r N -om ';l);r: Cl C) ~~ .'" -u ~~~ ()- Ii- i8 ::JI: c,.o 15m .'-1 z ~ -~ w -<. co '< ~ Iii R~c.orJs ~~o.l'rdl)d +0 +1\s CQ~ Hwr 40 f/a rcJ,. ;);)., Q(X) ~ ore Not SCAnrlQ,,{. h/l')'$ tJ,f kr ('f)Q,rc~ 1~ /J,(!JO') 1-0 Pc-esillf a ((' S:or,r<eP( ~, ... HARTMAN, OSBORNE & RETTIG, P.c. Kevin E. Osborne, Esquire Cindy N. Ellis, Esquire 126-128 Walnut Street Harrisburg, P A 1710 1 (717) 232-3046 (Fax) (717) 232-3538 Attorneys for Defendants DAVID P. PERKINS, as Administrator of the Estate of HAROLD C. PERKINS, Deceased, and JEAN S. PERKINS, his wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. NO. 00-3030-CIVIL TERM LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHIPPENSBURG F AMIL Y PRACTICE, LTD., CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants. CIVIL ACTION - LA W DEFENDANTS' MOTION FOR A CONTINUANCE AND NOW, come Defendants, by and through their attorneys, Hartman, Osborne & Rettig, P.c., and file the within Motion for a Continuance as follows: I. The within medical malpractice action was initiated by Writ of Summons filed on May 15,2000, with the Complaint being filed on February 15, 2001. 2. On or about January 27, 2005, Plaintiffs filed a Praecipe to list the case for trial. 3. The case has previously been handled by the Honorable Kevin A. Hess. .. 4. The case is listed for trial to start on May 16, 2005. 5. Defendants are insured by the MIIX Insurance Company. 6. By way of background, the MIIX Insurance Company was placed in rehabilitation by Order of Court on September 28, 2004. 7. Subsequently, the Commissioner of the Department of Banking and Insurance of the State of New Jersey filed an application with the Superior Court of New Jersey seeking a stay of the commencement of trials, the scheduling of settlement conferences, mediations and arbitrations in order to implement a proposed settlement plan. 8. The purpose of the application for the stay was to provide MIIX Insurance Company the opportunity to evaluate cases in order to make settlement offers to Plaintiffs' attorneys in cases that are deemed to be necessary to settle. 9. On February 24,2005, the New Jersey Superior Court entered an Order granting that stay. However, the Court specifically acknowledged that "this Order may not be effective outside ofthe State of New Jersey; however the potential for success of this settlement plan is dependent in part upon the courts of foreign jurisdictions being indulgent in granting comity to this Order." 10. Accordingly, Defendants herein respectfully request the within action be continued from the May 16, 2005 trial tenn in accordance with the request of the Superior Court of New Jersey. II. It is believed that allowing this case to be continued could result in the matter being resolved without further court involvement. 2 - 12. Should the request for a continuance be denied, it is believed that MIIX Insurance Company's plan for winding down will be frustrated, potentially resulting in the bankruptcy of MIIX Insurance Company; thereby, frustrating the resolution of this case. 13. Concurrence has been sought in this Motion from Plaintiffs' counsel, April Strang-Kutay, Esquire and she has indicated that Plaintiffs concur with the Motion. WHEREFORE, it is respectfully requested that the within medical malpractice action is continued from the May 16, 2005 trial date in accordance with the request of the Superior Court of New Jersey. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By: Kevin E sborne, Esquire Supreme Ct. J.D. #34991 CindyN. Ellis, Esquire Supreme Ct. J.D. #83823 126-128 Walnut Street Harrisburg, P A 1710 I (717) 232-3046 Dated: March 17, 2005 Attorneys for Defendants 3 . CERTIFICATE OF SERVICE I, Cindy N. Ellis, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Counsel to Plaintiffs) HARTMAN, OSBORNE & RETTIG, P.C. Dated: March 17,2005 By: Cr d~ Cindy N. lis, Esquire - "-- Supreme Ct. l.D. #83823 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Defendants n C -C(".U f"nr'," ~,: ," .'-- ". f.'(. .-'- C -';;' .o::J '-- f""'." "'" '-'" <.I' ::J: ->> ~ N - ~ ...t :.1:...,\ '{T'~ ~:.~~) '}~{:~'; ,:.:...; () 1",)tn "---\ -0 ::.r; '-2 1" c.' "1) ;-<. ------ ... HARTMAN, OSBORNE & RETTIG, P.C. Kevin E. Osborne, Esquire Cindy N. Ellis, Esquire 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 (Fax) (717) 232-3538 DAVID P. PERKINS, as Administrator of tbe Estate of HAROLD C. PERKINS, Deceased, and JEAN S. PERKINS, his wife, Plaintiffs, v. LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHlPPENSBURG MEDICAL CLINIC), SHIPPENSBURG FAMILY PRACTICE, LTD., CHAMBERSBURG HOSPITAL/SUMMIT HEALTH, Defendants. AND NOW, this ~8' dayof Attorneys for Defendants V\ MAR 2 3 2\)05~ IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3030-CIVIL TERM CIVIL ACTION - LAW ORDER Y'?~ ,2005, upon cons' eration of Defendants' Motion for a Continuance, it is hereby ORDERED and DECREED that aid Motion is GRANTED. It is further ORDERED that the case is stricken from the May 16, 2 5 trial date. c / ''?' () BY THE COURT: ~/fd J. '-ILE" .~"'rr t~ I ~Lr\..jrnvt: OF THE PRCJTi!O~,!OCAny zous i1M? 28 Fi~ 3: 3 I C:,;,o..'(. OSBORNE & RETTIG, P.C. Kevin E. Osborne, Esquire 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 (Fax) (717) 232-3538 Attorneys for Defendants DAVID P. PERKINS, As Administrator of the Estate of Harold C. Perkins, Deceased, and JEAN S. PERKINS, His Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, NO. 00-3030-CIVIL TERM v. LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., tJdlb/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPIT AL/SUMMIT HEALTH, CIVIL ACTION - LAW Defendants. JURY TRJ[AL DEMANDED STIPULATION FOR DISMISSAL It is hereby stipulated by and between the parties hereto that the above-captioned matter may be discontinued with prejudice as to Defendant DERWOOD L. STETSON, M.D. only. Upon filing offhis Stipulation the Prothonotary may, upon Praedpe, mark fhe action discontinued as to DERWOOD L. STETSON, M.D. only. Finally, the parties agree that fhe caption in this matter should be revised to reflect that the only remaining Defendants are LYNN l. ADAMS, M.D., tldlb/a SHlPPENSBURG MEDICAL CLINIC, SHlPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPITAUSUMMIT HEALTH. ~~Ei;:, Atty. LD. No. .3 Lf qq I Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Attorney for Defendant Derwood L. Stetson, MD. Dated: 1 ( '2,:1 ( O? April . Strang- utay, E uire Atty. LD. No. i & 7 .?- b" Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiff Dated: -1//1 ~r 2 CERTIFICATE OF SERVICE I, Cindy N. Ellis, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: April L. Strang-Kutay, Esquirc~ Goldberg, Katzman & Shipman, IP.C. P.O. Box 1268 Harrisburg, P A 17108-1268 (Counsel to Plaintiffi) Dated=1b;1 In 0 OSBORNE & RETTIG, P.c. BY:IbYlU~ Cindy N. Ellis, Esquire Supreme Ct. J.D. #83823 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Defendant o c , -::':4 -', r--' C-" <'::.:;;) ~-...(~ c.. c.:: \---- ,,) "" ~', 0) U1 C' "'\ RECEIVED JUL 2 9 2005~ HARQLD C. PERKINS and JEAN S. PERKINS (a.k.a. Norma Jean Perkins), IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, v. LYNN I. ADAMS, M.D., and DERWOOD L. STETSON, M.D., (trading and doing business as SHIPPENSBURG MEDICAL CLINIC), SHlPPENSBURG FAMILY PRACTICE, LTD., THE CHAMBERSBURG HOSPITAL, and SUMMIT HEALTH, NO. 00-3030-CIVIL TERM CIVIL ACTION - LAW Defendants. ORDER AND NOW this 2 ~ day of A..J -...... , 2005, upon consideration of the Stipulation for Dismissal of Dr. Stetson, it is hereby ORDERED that the Prothonotary hereby marks this action discontinued as to DERWOOD L. STETSON, M.D. only. Further, it is hereby ORDERED that the caption in this matter should be revised to reflect that the only remaining Defendants are LYNN I. ADAMS, M.D., tJd/b/a SHlPPENSBURG MEDICAL CLINIC, SHlPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERSBURG HOSPITAL/SUMMIT HEALTH. BY THE COURT: /Ii J. cc: April Strang-Kutay, Esquire Kevin E. Osborne, Esquire o /fL 1( l_-1fn'JOY F'4,tr O~D mt pd DOff! <Z r L -e I .~-;) :,_-1:: t=. ~'1 :r.... \, \'1 ., - c\n~1 r,r\\F v '-, ;"~ V <..,JJ ~VvU " .-, ", ",,",'C', ''',,;, , ) , . 'f "," " ...'....1....". ._, ,__', April L. Strang-Kutay, Esquire J.D. No. 46728 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 Atturncys for Plaintiff DAVID P. PERKINS, As Administrator of the Estate of Harold C. Perkins, Deceased, and JEAN S. PERKINS, His Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LYNN 1. ADAMS, M.D., and DERWOOD L. STETSON, M.D., tld/b/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG F AMIL Y PRACTICE, LTD., and CHAMBERSBURG HOSPIT ALlSUMMIT HEALTH, Defendants NO. 00-3030 CIVIL TERM JURY TRIAL DEMANDED AND NOW COMES the Plaintiff, by his attorneys, Goldberg Katzman, P.c., who file this Petition requesting this Honorable Court to approve a proposed wrongful death and survival action settlement based on the following: 1. This matter arises out of a medical negligence action for the physicians' failure to screen and diagnose Harold C. Perkins' symptomatic colon cancer, which was finally diagnosed in May 1998, but found to be at an advanced stage. Harold Perkins received palliative treatments but succumbed to cancer on July 16, 2000. 2. Plaintiff, David P. Perkins, son of the late Harold C. Perkins, was appointed Administratrix of the Estate of Harold Perkins by grant of Letters of Administration issued by the Register of Wills of Franklin County. 4. Harold Perkins is survived by his wife, Jean S. Perkins, and three adult children - David P. Perkins, son, Allan L. Perkins, son and Karen S. Perkins, daughter. 5. Plaintiff filed this civil lawsuit against Defendants, Lynn Adams, M.D. and Derwood Stetson, M.D. tldlb/a Shippensburg Family Practice, Ltd. and other non-entities. 6. In September 2005, Defendants offered the Plaintiff $175,000 to settle the existing claim. 7. Plaintiff has carefully considered this offer and believes that accepting this offer is in the Estate's best interest. S. In exchange for the payment of$175,000, the Plaintiffhas executed a Release and Settlement Agreement of all claims arising from this incident against Defendants. 9. From the settlement proceeds of$175,000, Plaintiff requests this Honorable Court to approve the payment of attorney's fees of$58,333, shared between Goldberg Katzman, P.c. and referral counsel. 10. Plaintiff also requests this Honorable Court to approve the reimbursement to Goldberg Katzman, P.C. of costs advanced in this case in the amount of $3,652.89. 11. Upon payment of the requested attorney's fees and expenses, the net settlement proceeds will amount to $113,014.11. 12. Accordingly, from the net proceeds of $113,014.11, Plaintiff requests this Honorable Court to approve payment of$113,014.11 to the Estate for survival action. 13. This would result in a proposed allocation of zero percent (0%) of the gross settlement proceeds of$175,000 to the wrongful death action and one hundred percent (100%) of the gross settlement proceeds to the survival action. The Pennsylvania Department of Revenue has reviewed and approved this proposed allocation as evidenced by the letter attached hereto as Exhibit "A". 14. The parties also request that, upon approval of this Petition, the Court direct the Prothonotary to file both this Petition and the accompanying Order under seal. WHEREFORE, Plaintiff respectfully requests this Honorable Court to approve this Petition for Compromise of Wrongful Death and Survival Settlement in accordance with the tenns outlined in the Petition. 2 Respectfully submitted, GOLDBERG, KATZMAN, P.C. Date: 14;1I / (J r . By: .MA- Apri L. Strang-Kutay, ESl Attorney J.D. No. 46728 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 126685vl 3 , . f"M,t A ----- Bureau of Individual Taxes PO Box 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE Telephone: 717-787-1794 Fax: 717-783-3467 Email: hmcclinloclalslale.pa.us October 18, 2005 John DeLorenzo PO Box 1268 Harrisburg, PA 17108 Re: Estate of Harold C. Perkins Court Number: Cumberland Co. No. 00-3030 Dear Mr. DeLorenzo: The Department of Revenue has received the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It has been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 76-year-old-decedent died as a result of medical malpractice. Decedent is survived by his spouse and three adult children. Please be advised that, based upon these facts and for inheritance tax purposes only, this Department has no objection to the proposed allocation of the gross proceeds of this action, $ 0 to the wrongful death claim and $ 175,000 to the survival claim. Proceeds ofa survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. 98302; 72 P.S. 999106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending any hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Finally, the approval ofthis allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death I survival action. Sincerely, 'ill \ fU CO ~lli' {{ Holly A. McClintock Trust Valuation Specialist Inheritance Tax Division Bureau ofIndividual Taxes 'i' CERTIFICATE OF SERVICE 1 hereby certify that 1 served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Kevin E. Osborne, Esquire Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, P A 17101 By: Glenda J. Ebersol ; Legal Secretary for April L. Strang-Kutay, Esquire Date: li(~ :~\ \ ED ----- - April L. Strang-Kutay, Esquire I.D, No, 46728 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O, Box 1268 Harrisburg. PA 17108-1268 Attorneys for Plaintiff DAVID P. PERKINS, As Administrator of : IN THE COURT OF COMMON PLEAS the Estate of Harold C. Perkins, Deceased, : CUMBERLAND COUNTY, PENNSYLVANIA and JEAN S. PERKINS, His Wife, Plaintiffs v. LYNN I. ADAMS, MD., and DERWOOD L. STETSON, MD., t/d/b/a SHIPPENSBURG MEDICAL CLINIC, SHIPPENSBURG FAMILY PRACTICE, LTD., and CHAMBERS BURG HOSPITAL/SUMMIT HEALTH, Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 00-3030 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned matter as settled, discontinued and ended. ~;;Mg-KU" ,E"Iu;" Goldberg Katzman, P.C. 320 Market Street, P.O. Box 1268 Harrisburg, IP A 17108-1268 Supreme Court ID No. 46728 (717) 234-4161 Date: /J!))'~ f / CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States maiL. postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Kevin E. Osborne, Esquire Osbornc & Rettig, P.c. 126-128 Walnut Street Harrisburg, P A 171 0 I By: GOLDBERG KATZMAN, P.C. /.! 1 ^ ^1 tft1 ~ - ,Co.!, I (\ (~/Iv (.././14.' G enda J. Eberso ,Legal Secretary Tor April L. Strang-Kutay, Esquire Date: /0J/If1lct~ f;::-~ C',".) ~-.Jl C::J I"" n rV o ~; C) -n ':(..,., \~\;"~~} ),t'i::-1 ~T' :.,:,',} ~( ) . ')cn '~-;,:::l .;:/'- 'D :...--..;. - r...~) (.0