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Home My WebLink About97-06089 .. l . . ~ -; ~ ~ " i .- . 3 n . I'~ ~ t~ ,,'i ";E ;~ :-~~'ij :~ t '...,. l~ :I:~ .;} a': ':(:f. :,-,-:~ !~ ",::~<; '~', \ \ i \ \ , \ , \ i ! i n ; , i j // t". \. ~ - '.. .~ - t.J 0- QIt o ...) ROBERT E, WHISLER, Individually and lIS Administrator of the Estate of Diane Whisler. Deceased, and WILLIAM R. WHISLER, a minor, by ROBERT E, WHISLER, his guardian, Plaintiffs vs, RUSSELL R. JANSON, M,D,. DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES. P,C" and PHYSICIANS FOR WOMEN'S HEAL nl, P,C" Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 97-6089 CIVIL CIVIL ACTION.. LAW JURY TRIAL DEMANDED IN RE: PI.AINTIFFS' PETITION TO OPEN JUDGMENT OF NON PROS ORDER AND NOW, Ihis :1 , ... day of December, 1998, continued hearing in the above captioned maller is set for Wednesday, February 10. 1999, at II :00 a,m, in Courtroom Nwnbcr 4, Cumberland County Courthouse. Carlisle, PA. Robert McAndrew, Jr.. Esquire For the Plaintiffs Michael Badowski, Esquire Darry A. Kronthal. Esquire For the Defendants :rlm BY THE COURT, A4- __,~. ')c.J.. p.../3 II ~ I C~u... ~ I, i>. . ,-, >~':~,~~~;~ "1 ,..':i:Z' \,,:;"1:,.;. ',' _" _,~-:ti~ic ~-",., ,~~;j~ 11', t.." "', i rl~ Robert McAndrew Jr. ATTORNEV AT LAW 2541 Easton A\lenu6 Belhlohcm. Pennsytvan1a 18017 \ i (810) lW4-VlMO i I WIClIAIL W. IlAI)OIIIKI, "\lUIU I.. lup~... CoU%~ I.D, 110. 3~'.' 1lAJUl:t ". UON'l'IIAL, IIQUIU I.. lup~'" CoU%~ I.D. 110, 55.12 gll1l0LDS . !lAVAS " I~ot...ion&l CorpoE.~ioR 101 Ii... I~~_~ lo.~ Ottic. Bo. g32 H.~~ia~U%9, lannaylvani. 11108-0g32 ,~. \ T.lepho...: raa: I:-Mai1: 17111 231-3200 (1111 23'-Un E.yl1.vQ.pi.....~ "t~o~...y to~ Dat&Ad&n~.: aulll:LL R. JAIlSOII, W.D., AllD DOJUUl, AD>>ClI, JAIlIOJf , CDOD.C1al UIOCUftl, 1'. e. ROBERT E. WHISLER, INDIVIDUALLY ANO AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS, DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M,D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P,C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS JURY TRIAL DEMANDED ANSWER or DEPENDANTS, RUS8ELL R. JANSON, X.D., DORKO, ADAMS, JANSON , GOEDECKE ASSOCIATES, P.C. TO THE PETITION OF PLAINTIFFS, ROBERT E. WHI8LER, INDIVIDUALLY AND A8 ADMINISTRATOR or THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A KINOR, BY ROBERT E. WHISLER, HI8 GUARDIAN, TO OPEN JUDGMENT AND NOW, comes Defendants, Russell R. Jason, M.D., Dorko, Adams, Jason & Goedecke Associates, P.C. (collectively referred to as "Defendants"), by and through their counsel, Reynolds & Havas, a Professional Corporation, and hereby tile this Answer with New Matter to the Petition of PlaintiffS, Robert E. Whisler, Individually and as Administrator of the Estate of Diane Whisler, Deceased, and William R. Whisler, a Minor, by Robert E. Whisler, His Guardian (collectively referred to as 'Plaintiffs"), averring the following in support thereof: ANSWER 1. Admitted. 2. Denied, It is specifically denied that less than ten days elapsed between the time of the filing of the Judgment HQn ~ and the filing of Plaintiffs' Petition. On the contrary, the Petition was 'time-stamped" as being received by the Cumberland County Prothonotary'o office on November 13, 1998. Thus, the Petition was not filed until twelve days after the Judgment Hgn ~ was entered on November 2, 1998, J. Admitted in part and denied in part. It is admitted that attached to the Petition is a Complaint. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments regarding whether Plaintiffs intend to file that Complaint, By way of further answer, the Complaint, being in writing, speaks for itself and, therefore, any averments relating thereto are specifically denied. It is also further denied that said Complaint is properly verified. On the contrary, the - 2 - Verification is improperly that of Plaintiffs' attorney, and not of Plaintiffs. WHEREFORE, Defendants, Russell R. Jason, M.D., Dorko, Adams, Jason & Goedecke Associates, P,C., respectfully request that this Honorable Court deny the Petition to Open Judgment UQn ~ of Plaintiffs, Robert E. Whisler, Individually and as Administrator of the Estate of Diane Whisler, Deceased, and William R, Whisler, a Minor, by Robert E. Whisler, His Guardian. NEW MATTER 4. The answers contained in Paragraphs 1 through 3 inclusive hereof are incorporated by reference herein as if set forth in their entirety. 5. Plaintiffs cOI~enced this action by filing a praecipe for Writ of Summons on or about November 6, 1997, A copy of said Praecipe is attached hereto, made a part hereof and marked as Exhibit "An. 6. Pursuant to a Praecipe for Rule to File Complaint, a Rule dated June 15, 1998, was issued by the Cumberland County Prothonotary directing Plaintiffs to file a Complaint, A copy of said Rule is attached hereto, made a part hereof and marked as Exhibit "6". 7. The Rule to File Complaint was served upon Plaintiffs' counsel by placing same in the United States Mail, at Harrisburg, Pennsylvania, First Class, Postage pre-paid on - 3 - June 18, 1998. A copy of the Praecipe filing the Certificate of Service of said Rule is attached hereto, made a part hereot and marked as Exhibit 'C'. 8. When Plaintiffs' complaint was not forthcoming within twenty (20) day&, as required by the Pennsylvania Rules of civil Procedure, by transmittal letter dated July 9, 1998. Defendants' counsel served upon Plaintiffs' counsel a Notice of Intent to Enter Judgment Hgn ~ pursuant to Pa. R.C.P. No. 231,l(a) (2). Copies of said transmittal letter, and the Notice of Intent to Enter Judgment HQn ~, are attached hereto, made a part hereof, and marked as Exhibit '0'. 9. Accordingly, Plaintiffs were required to file a Complaint on or before July 29, 1998. 10, After filing the Notice of Intention to Enter Judgment HQn~, orally, counsel for Defendants agreed to extend the period of time to file a complaint thirty (30) days from the date that Defendants provided answers to discovery. 11, When more than thirty (30) days had elapsed after Defendants provided discovery answers, and yet, no complaint was forthcoming, on or about November 2, 1998, Defendants tiled a Praecipe for Entry of Judgment ll2n~, A copy of the Praecipe for Entry of JUdgment MQn ~ is attached hereto, made a part hereof and marked as Exhibit .~. - 4 - .~ ~ -~ 12. Pa. R.C.P. No. 237.2, which deals with agreements to extend time to plead following the service of a Notice of Intention to Enter Judgment HQn~, specifically provides that: After the notice of intention to enter judgment required by Rule 237.1 has been given, the parties may agree in writing to extend the time within which to file a complaint, an answer or preliminary objections. The agreement shall be in the form prescribed by Rule 237.6 and shall be signed on behalf of both parties. If the required action is not taken within the time specified in the agreement, ;udqment of non pros or by default may be entered by the Prothonotary without further notice under Rule 237,1, IQ. (emphasis added). 13. The comment to RUle 272.3 specifically provides that: The rule states that the in the form prescribed,' follow the form do so at "agreement shall be Parties who do not their peril. (emphasis in original) , 14, No such written agreement was entered into by the parties in this case. 15. Notwithstanding the foregoing, Defendants waited more than the thirty (30) days after the discovery answers were provided to file ths praecipe for Entry of Judgment HQn ~. 16, Plaintiffs have not satisfied and cannot satisfy the requirements necessary for opening a judgment ngn ~. - 5 - exhibit A OFF!'.;F. .,~ -':t' ';H:I1.tFF (~,: .tt., . ..,~ Noy 6 8 06 All '97 ....... PE"'j' I "t '"'. . t I :: l.., ~ l\ I i\ ij . j~ E~ U , '" J I I I '.. b ~ . I .~,~ ~~~ . - '-Sf ' E M ~I I'~' ~i~~ . .... ~i~! 0 . II'l .fl · 0 3 -l .S , , I . Ul ... .... .... E-</ , .. CIl ~ ~ ) .., ..... '.... , / ~ Ql... ~ ; ~ 0 N... i .....' : ~ 2'C fJ) ... . CX) <q" C '~l i"'~Ql ~ CIl..... ..,. '.... I UlUl~ HJ " > 0...-110 '.., f HH "i .., . '" !2 , r~..:"'''''''''' g UI c' "'en '" w ! ii1!~ .t ~!~~ 0: c enQ ,< en: '...., of'H'" , co, , ..... Ul Ql i ..., ... ..,. 0 , 0' I i:IJ taJ ,~ en ~! II) 0\ >,"-4 , "'I I !!~~~ i ~H t:l "'Ql , i~~ , ~l .....: j :<;!-flal I , '...., .... OOgj , >, ..............., I , '....: c2:Qal~<8 , , ~ u, , , , , , , , Russell R. Janson, M.D. c/o Physicians Fbr Women's Health, P.C. 1 Lerroyne Square, Suite 201 Lemoyne, PA 17043 Corko, Mars, Janson & Geodecke Assoc., P.C. c/o Physicians Fbr Women's Health, P.C. 1 Lerroyne Square, Suite 201 Lemoyne, PA 17043 PhysicillOs For Waren's Health, P.C. 1 Lemoyne Square, Suite 201 Lemoyne, PA n043 " Exhibit B Exhibit C MICHAEL M. BADOWSKI, ZSQUIRE 'a. Supr... Court I.D. No. 32646 IIJ:YNOLDS , IIAV7.lI A P~ofeaalonal Coeporation 101 'ine stnet 'oat Office lox ~32 Harrlabucq, 'annay1vania 17108-0~32 Telephone: [7171 236-3200 rax: 17171 236-6863 Z-Nall: ~eyhavQeplx.net Attorney tor eetandanta: I\USSZLL R. JANSON, M.e., AND eoRKO, ADAMS, JANSON' GZODZCKI ASSOCIATEI, P.C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED P RAE C I P E TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly file of record the attached Certificate of Service of the RULE TO FILE COMPLAINT which was entered on June 15, 1998, and served on the date reflected in the attached Certificate of Service. .~ . . -. \,0 '-., REYN~~t.s.. & .tl!\'{J\s' _-, A P?/ess~1~fll ?r~~ration Date: .., By: . '. t . _' .. , MICHAEL M. BADOWSKI Attorney for ~efendant, RUSSELL R. JANSON, M. D., AND DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C. CERTIPICATE OP SERVICE I HEREBY CERTIFY that I served a true and correct copy of the RULE TO PILE COMPLAINT entered by the Prothonotary of Cumberland County, Pennsylvania, in the foregoing action on June 15, 1998, upon all parties of record or their counsel by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 'M day of ", 'fi.]IO- , 1998, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By: -JlcIALCfJ. ':;';:m.. (2d~VJ..- Nancy M. 'arns, Secretary Exhibit 0 REYNOLDS & HAVAS R. JAM" REVNOLOI, JR. JOHN HAV"'I MtCHA'L M. I"'OOWIICI . STlPHIN L_ IA~KO. JR" AO,", .. KROLL IAIII"V A. KAONTHAL l.A1.I"ALII I. IAKI" MICHILI J. THOA" "MO'lUIGItM,.Cg~1'1OIII A TTORNIVI AND COUNlnC"1 A T LAW 101 PIN'ITRIIT ~'T O"tclIOX 132 MAIUUIIURQ. 'INNlnVANIA 1110.0132 TWUPHONI '7171 233aQO ,.. 17171 23.... 1,IMlI. ,.."..~"'. July 9, 1998 Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 Re: Whisler vs. Janson, et al. Docket No. 97 CIVIL 6089 R&H File No. 4043-1 Dear Mr. McAndrew: Enclosed please find the original of a Notice of Intent to Enter Judgment Non Pros Pursuant to Pa. R. Civ. P. 237.1(a)(2). -- --- "/ Sljtly, ti(~a~l M. Badowski ,/ MMB/na Enclosures bc: Russell R. Janson, M.D. Ms. Lisa A. Pratt (PIGA lpriv. and Conf., w/encl.l Claim PC-3532A/B, w/encl.) HICNAaL M, IADOWIXI, IIQUII\Z '1, lup~... Court 1.0. No. 326" RII'1l10LDI . IIAVAa A 'roteaalona1 Cocporat1on 101 Une Itr_c 'oat Oftlce aox ~32 Karrlaburg, 'enn.y1vanl. 17101-0~32 Telaphone: r..: II-Mall: [717) 23'-3200 (717) 23'-6863 .eyhavaeplx, net Attorney fo~ eefand&nt.: IlUSSZLL Il. JANSON, M.D., AJlD DOJUU), ADAMS, JANION , GlOellCKI USOCUTIS. p, C. ROBERT E. WHISLER, INDIVIDUALLY AND A!> ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BV ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D" DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P,C. , DEFENDANTS. JURY TRIAL DEMANDED NOTICE OF INTENT TO ENTER JUDGMENT NON PROS PURSUANT TO PA. R. CIV_ P. 237.11&1121 TO: PLAINTIFFS and their counsel, Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA :8017 ~ate of Notice: July 9, :998 IMPORTANT NOTICE YOU ARE !~ DEFAULT BECAUSE YOU HAVE FAILED TO FILE A ::MPLA!~T IN THIS CASE. UNLESS YOU ACT WITHIN TEN CAYS FROM THE DATE CF THIS ~OTICE, A :~~GMENT ~~: BE ENTERED AGAINST YOU ~rTHO~T A HE~~!NG ~~ y:~ MAY ~CSE ~UR R!GHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse CarliSle, PA 17013 Telephone: [717J 240-6200 Date: 717:);0 By: - L M: B OWSKI Attorney for Defendants, RUSSELL R. JANSON, M. D., AND DORltO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C. ,e@ Elthlblt E HICHAEL M, BADOWSKI, ESQUIRE 'a. Supr... Court I,e, No. 32646 REYNOLDS , IlAV7.lI A Prote.a10nal Cocpo~atlon 101 Pione Str_t 'oat Office Box ~32 Harr1aburq, '.nnay1v&n1& 1710B-O~32 Telephone: Fax: Z-Ma1l: [7171 236-3200 (717) 236-6863 ..yhavQap1X. net Attorney for eefend&nta: RUSSELL R. JANIOII, M,D" AJm 1lOQO, AOllMS, JAIl.ON , GliODZaa: ASSOCIATES, .. C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. :iHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF C~ERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. . DEFENDANTS. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT NON PROS PURSUANT TO PENNSYLVANIA RULE OP CIVIL PROCEDURE NO. 10371al TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: On June 15, 1998, a Rule was issued upon Plaintiff to file a complaint in the above-captioned action which was served ~pon Plaint~ffs' attorney on June l7, 1998. Thereafter, upon Plaintiffs' failure to file a complaint within ~wenty 120) days ~s directed by ~he Rule, Plaintiffs' at~~rney was se~:ed with ~efendant's ~en'day ~otice of Intent to Enter Judgment Non Pros. :n this regard, :n accordance with ?~nr.sylvanla Rule of Civil ?rocedure No. 237.:(Z}, attached heret:: :.s de=ense counsel's certification thac wriccen notice of Defendant's intention to enter judgment non pros was sent to Plainciffs' attorney on July 9, 1998. As it appears thac Plainciffs have not filed a complaint in this action, it is hereby requested that you kindly enter a jUdgment non pros in accordance with Pennsylvania Rule of Civil Procedure 1037(a). Date: /pAt REYNOt.D!1" & H;WAS , A ProfeSBional,Co~Oration ,: I' I I, /1 'IIi By: . ; "v'- 'I l' ~ l...- MICHAEL M. BADOWSKI 'Attorney for Defendants ;i " ~ - MICHAEL M. BADOWSKI, ESQUIRE 'a, Supr... Couct I,D. No, 32'46 IIJ:YNOLDS , KAV7.lI A 'rote..lonal Coeporatlon 101 Une Street 'o.t Ottlce Box ~32 Hacr~.burq, Penn.y1van~a 17101-0932 Telephone: F&JE: Z-Mul: [717 J 236-]200 1717] 236-"13 ~eynavQepu, net Attorney tor eefandant.: IWUZLL A. JAJlSOK, IC. 0 " AHD eollKO, ADAMS, JANIOK , CDODZCQ ASSOCIATES, ',C, ~OBERT E. WHISLER, !NDIVI~UAL~, AND AS ADMINISTRATOR OF "'HE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, 3Y ROBER7 E. 'NHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS JF CUMBERLAND COUNTy, ?ENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED PENNSYLVANIA RULE OP CIVIL PROCEDURE NO. 237.11&1121 CERTrPICATION I, MICHAEL M. SADOWSKI, ~ounsel for Defendants in "he above-captioned action, hereby certlfy that a Rule was issued upon ?laintiffs to file a Complaint on June 15, 1998, and that said Rule was served upon Counsel for Plaintiffs on June 17, .~c~ : :ur:~er ~ert:fy ~~at ~pon ?laint~ffs. failure to ~~:e a ::~9laint wi~hin :~e ~wer.ty.day ~er~od ~f said Rule, ?lain~~~ts' :~u::s:l 'lias served .....it::. a :Ioc:.:; :f :ntsnt.:..~n to Sneer ';udgment :IQr. ;nJs :.n accordance 'Ni::h P~r:nsY:'1ania ,,-ule of Civll i?rocedure ~} 7. ~ ,a, :::) =n ';ul:: ", ~39 9 . :n ::::ese :-egards, attached hereto are :ne reterenced Rule and :O-Cay Notice with their respective 3er....ice letters, ~ate: '//'/:;.:5' REYNOLDS &0 HAVAS A pr'~l ~q~oration . ,,' " I I,' !..' By : ,.. '. ~ . H ~ MICHAEL M. SADOWSKI Attorney for Defendants , il " , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail a~iSbUrg~YlVania, fir.t-clas. postage prepaid, on the -J-:- day ot . , 1998, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel tor Plaintiff) REYNOLDS & HAVAS A Professional Corporation ~~~~ By: ...,. . - - 7 - PYS510D Cumberland County Prothonotary's Office Ca.. Bntri.. 1997-0608~ WHISLa\l \lOSa\lT a aT AL (v.l JANSON \lUSSaLL R NO aT AL Fl1.d Datel 11/03/1997 Tlme, 4:03 Ca.a Ty~., WRIT OF SUMMONS 'a;. ---1 of · 11/02/98 NOTICE MAILED TO PLAINTIFFS ........-............... -....... --... -..- -....- -..-........................... -- -...-...-....-........... ..-...... -..- ........ ........ 11/09/98 PRAECIPE FOR CERTIFICATE OF SERVICE BY MICHAEL M BADOWSKI ESQ ... --.................. ---- --........... ......... -...-...............- -.. --........ -- -- ........-.. -..-........ -...- --.... 11/13/98 COMPLAINT ---.....---------...------.....---.........-------...----------------...----------...- 11/19/98 RULE TO SHOW CAUSE - DATED 11/19/98 - IN RE PETITION - RULE IS ENTERED UPON DEFENDANTS RETURNABLE 12/7/98 11 AM CR 4 - BY KEVIN A HESS J - NOTICE MAILED 11/20/98 -----------------------_...-...----_..~----------_...---------------...---..- 12/07/98 ANSWER OF DEFENDANTS RUSSELL R JANSON MD DORKO ADAMS JANSON & GOEDECKE ASSOCIATES PC TO THE PETITION OF PLAINTIFFS ROBERT E WHISLER INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER DECEASED AND WILLIAM R WHISLER A MINOR BY ROBERT E WHISLER HIS GUARDIAN TO OPEN JUDGMENT -------...--------......------.....-------------...------...............-..-.......---..--- + F~.Done rl0.'r1nt Fl~.Canc.1 r17.Top F18.Sot P'iS510D Cumberland County Prothonotary's OEfice Ca.. Intri.. 1~J7-0508~ "HISLII\ ROIIRT I IT AL (v.) JANSON I\USSILL 1\ MD IT AL PU.d Cat.. 11/03/1997 Th.e. 4:03 c... Type. WRIT OF SUMMONS Pag. ---1 of 4 - - - - - - - - - - - PII\ST INTRY - - _ _ _ _ _ _ _ _ _ _ 11/03/97 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED ............................................................. ....-............................ --.. -...-.. -....... --oo ...._...... .............. 11/07/97 SHERIFF'S RETURN FILED Litigant.: JANSON RUSSELL R MD SERVED : 10/06/97 WRIT OF SUMMONS Costs,. ..: $29.92 pd By: ROBERT MCANDREW JR. 11/07/1997 ----............................---...................__1______...................___.......__........................__ 11/07/97 SHERIFF'S RETURN FILED Litigant.: DORKO ADAMS JANSON & GEODECKE ASSOCIATES PC SERVED : 11/06/97 WRIT OF SUMMONS Costs...,: $8.00 Pd By: ROBERT MCANDREW JR. 11/07/1997 ..................---....--.......---..............-.........-.........-------...................------------... 11/07/97 SHERIFF'S RETURN FILED Litigant.: PHYSICIANS FOR WOMEN'S HEALTH PC SERVED : 11/06/97 WRIT OF SUMMONS + P3.eona Pl0.Print P12.Cancel P17.Top P18.Bot , WICHAlL M, aADOW'KI, ISQUIU Pa. 'uprama Court I.e. Wo, 32'46 IlAJU\Y A. 1lRON'rIlAL, "\lUlU 'a. 'upr... Court I.e. No, 55612 UYlI01D. , HAVAS A P~ot...1on.l CorpoEat1on 101 '1... .tl<_t 'o.t Offlca Boa ~32 Hazrlabul<q, Penn.ylvan1a 1710.-0~32 T.lapho....: raa: Ii-NLll: (117] 23'-3200 (117] 23'-1863 rayhavGep1x. net Attorft&Y fOl< Defea4aAt.: aUII&LL a. JAN'OII, M.D., AIlIl DOIUlQ, AO>>U, 07>>11011 , ClIODICIal ASSOC:UTE', ,. C . ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUWTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, H.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, p.e., JURY TRIAL DEMANDED DEFENDANTS AHSWER O~ DEFENDANTS, RUSSELL R, JAHSON, N.D., DORKO, ADAMS, JANSON , GOEDECKB ASSOCIATBS, P.C. TO THB PBTITION OF PLAINTIFFS, ROBBRT B. WHISLBR, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATB OF DIANE WHISLER, DBCEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAH, TO OPEN JUDGMENT AND NOW, comes Defendants, Russell R. Jason, M.D., Dorko, Adams, Jason & Goedecke Associates, P.C. (collectively referred to as 'Defendants'), by and through their couneel, Reynolds & Havas, a Professional corporation, and hereby file this Answer with New Matter to the Petition of Plaintiffs, Robert E. Whisler, Individually and as Administrator of the Estate of Diane Whisler, Decea~ed, and William R. Whisler, a Minor, by Robert E. Whisler, His Guardian (collectively referred to as 'Plaintiffs'), averring the following in support thereof: ANSWER 1. Admitted. 2. Denied. It is specifically denied that less than ten days elapsed between the time of the filing of the Judgment Hgn ~ and the filing of Plaintiffs' Petition. On the contrary, the Petition was 'time-stamped' as being received by the Cumberland county Prothonotary'o office on November 13, 1998. Thus, the Petition was not filed until twelve days after the Judgment Hgn ~ was entered on November 2, 1998. 3. Admitted in part and denied in part. It is admitted that attached to the Petition is a Complaint. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments regarding whether Plaintiffs intend to file that complaint. By way of further answer, the Complaint, being in writing, speaks for itself and, therefore, any averments relating thereto are specifically denied. It is also further denied that said Complaint is properly verified. On the contrary, the - 2 - Verification is improperly that of plaintiffs' attorney, and not of Plaintiffs. WHEREFORE, Defendants, Russell R. Jason, M.D., Dorko, Adams, Jason & Goedecke Associates, P,C" respectfully request that this Honorable Court deny the Petition to open Judgment HQn ~ of Plaintiffs, Robert E. Whisler, Individually and as Administrator of the Estate of Diane Whisler, Deceased, and William R. Whisler, a Minor, by Robert E. Whisler, His Guardian. NEW HATTER 4. The answers contained in Paragraphs 1 through 3 inclusive hereof are incorporated by reference herein as if set forth in their entirety. 5. Plaintiffs commenced this action by filing a praecipe for writ of Summons on or ahout November 6, 1997. A copy of said praecipe is attached hereto, made a part hereof and marked as Exhibit "A". 6. Pursuant to a Praecipe for Rule to File Complaint, a Rule dated June 15, 1998, was issued by the Cumberland County Prothonotary directing Plaintiffs to file a Complaint. A copy of said Rule is attached hereto, made a part hereof and marked as Exhibit "B". 7. The Rule to File complaint was served upon Plaintiffs' counsel by placing same in the United states Mail, at Harrisburg, pennsylvania, First Class, Postage Pre-paid on - 3 - June 18, 1998. A copy of the praecipe filing the Certificate of service of said Rule is attached hereto, made a part hereof and marked as Exhibit 'C". 8. When Plaintiffs' Complaint was not forthcoming within twenty (20) days, as required by the Pennsylvania Rules of Civil Procedure, by transmittal letter dated July 9, 1998. Defendants' counsel served upon Plaintiffs' counsel a Notice of Intent to Enter Judgment Hgn ~ pursuant to Pa, R.C.P. No. 237.1(a) (2). Copies of said transmittal letter, and the Notice of Intent to Enter Judgment HQn~, are attached hereto, made a part hereof, and marked as Exhibit 'D". 9. Accordingly, Plaintiffs were required to file a Complaint on or before July 29, 1998. 10. After filing the Notice of Intention to Enter Judgment HQn ~, orally, counsel for Defendants agreed to extend the period of time to file a complaint thirty (30) days from the date that Defendants provided answers to discovery. 11. When more than thirty (30) days had elapsed after Defendants provided discovery answers, and yet, no complaint was forthcoming, on or about November 2, 1998, Defendants filed a Praecipe for Entry of Judgment HQn~. A copy of the Praecipe for Entry of Judgment Ngn ~ is attached hereto, made a part hereof and marked as Exhibit 'E". - 4 - 12. Pa. R.C.P. No. 237.2, which deals with agreements to extend time to plead following the service of a Notice of Intention to Enter Judgment Hgn~, specifically provides that: After the notice of intention to enter judgment required by Rule 237.1 has been given, the partiRs may agree in writing to extend the time within which to file a complaint, an answer or preliminary objections. The agreement shall be in the form prescribed by Rule 237.6 and shall be signed on behalf of both parties. If the required action is not taken within the time specified in the agreement, judament of non pros or by default may be entered by the Prothonotary without further notice under Rule 237.1. ~. (emphasis added). 13. The comment to Rule 272.3 specifically provides that: The rule states that the in the form prescribed.' follow the form do so at 'agreement shall be Parties who do not their peril. (emphasis in original). 14. No such written agreement was entered into by the parties in this case. 15. Notwithstanding the foregoing, Defendants waited more than the thirty (30) days after the discovery answers were provided to file the praecipe for Entry of Judgment H2n ~. 16. Plaintiffs have not satisfied and cannot satisfy the requiremRnts necessary for opening a judgment ngn ~. - 5 - WHEREFORE, Defendants, Russell R. Jason, M.D., Dorko, Adams, Jason' Goedecke Associates, P.C., respectfully request that this Honorable Court deny the Petition to Open Judgment Hgn ~ of plaintiffs, Robert E. Whisler, Individually and as Administrator of the Estate of Diane Whisler, Deceased, and William R. Whisler, a Minor, by Robert E. Whisler, His Guardian. Date: Jf1/1r f . BADOWSKI KRONTHAL Attorney for Defendants, RUSSELL R. JANSON, M.D., AND DORKO, ADAMS, JANSON , GOEDECKE ASSOCXATES, P.C. " - 6 - r'.... . . _~ ,..:' I. \ \ r:~~'~~D ,'r,:,.j ~J! r..,y [,j;",j I' i_ C~: :,;:!: >~. 'r : : ~~ .:i5IJ, Fd. ~' , 3re( , ' ",-,JAil 1~ LJ ") 1(,13 CJ'I C" /"1,/, ""'_1 7..7:.... ...... ,..'lPdtffi. r J9~,94...., f f'r'~';':':11j'Y Commonwealth of Pennsylvania County of Cumberland IrJBERT E. WHISLER, an individual: IrJBERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased: and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian VB. RUSSELL R. JANSON, M. D. , OORJ<O, ADAMS, JANSal & GIDDEX:KE ASSIXIATES, P.C. aDd PHYSICIANS FOR \r01EN'S HFALTII, P.C. COUrl 01 Conunoll Pleas No, ____u.9.1-:60ll9.Cildl_XeI:m._u___. 19.... I" ..___._ _Ci1dL J\cticn_:. LallI... ...._.._.... To __13'!~~!__..I!~A~Jnl':!.P_'_t._~_I!.I$QJ__~, JANSON & GIDDEX:KE ASSIXIATES, P.C. and PHYSICIANS FOR \r01EN'S HFALnl, P.C. You are hereby notified that OOBERT E. WHISLER, an individual: ROBERT E. WHISLER Mninistrator of the Estate ------------------------------------------.-------------~--------------------------------- cif-;OIanne l:/his1er, deceased: and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, IMBpP.li,~Clf;'a vecommenced an action in __Civil_J\ctinn..-:.Lawu_____________u________...un against you which you are required 10 dolend or a default judgment may be entered against you, (SEALl ,_ Lawrence_ Eo. _Welker.....eroJ:hoDal:a.. _u___ Prothonotary Date _..___.~_X~~_~~J_..._.__ 19._9] By __~nL__K.~~_ (].7.':.._______ 1/ Deputy~' OfF!';( ry~ C'!, 3H:IlIFF Cl;'1', .-~ How 6 8 06 AN '91 '- , PE"'j' l"A"'A .'1:: . ,,,. " H tj . u . Do j I I I , I :>,lj g ~ ~ ~ , I , I , . I I g .. I ~ I Q " '= . , l"'l , ~I - I l"- I ~i~! I 0 , I ij 'lJi 1Il~ , I . III ~ , .51 I . , I I . .~~~~ ... I"- .... ~I :I' ,., ~ '... I I ~ ~., &l ~: 0 N ., , I ~'OUl i'~ U J I f~ ;., il ! ~~m 'i~ .0:; 'I > O~ III t1 ..., -Dof2 <<I::R~~ : i ~ ~I~~ 8: 1< '" , ~~ 'j ...., 8 . ~.... a I a:J I ii~ij ." j~$ ~~ I 0 ~i , '" ~ .~tJ , I , , , I"- ~~~ ~I j~~~Bs , '" I , t1! lGaJ~~ , I :! , , I I , I , Russell R. Janson, M.D. c/o Physicians Fbr Women's Health, P.C. 1 Lemoyne Square, Suite 201 Lerroyne, PA 17043 Corko, AdCllYl, Janson & Geodecke Assoc., P.C. c/o Physicians Fbr Women's Health, P.C. 1 LErroyne Square, Suite 20l Lemoyne, PA 17043 Physicians For Waren's Health, P.C. I Lemoyne Square, Suite 201 Lemoyne, PA 17043 Exhibit B <, Exhibit C 7',,' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ot the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the .J.iJ!::. day at 9UItJJ- , 1998, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By, ~1!a.LC'{ 9n, a~ See tary Exhibit 0 j ... ;!.i DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Telephone: [717] 240 - 6200 7~ir By: AND Date: ",', ... - (i> Exhibit E MICHAEL M. BADOWSKI, ESQUIIlZ Pa, lupr... Court I.e, No, 3264. IIJ:YNOLDS , IIAVAS A Prote..lonal Corporat10n 101 'lne Ih_t 'oat Ott1ce Box i32 Harr1aburq, 'ennay1van1a 1710.-0~32 Telephone: Fax: E-Mall: 1717J 236-3200 17l7J 236-6163 reyhavaeplx.net Attorney tor eetendanta: I\UIIZLL 1\, JANION, N,D., ANIl COMO, ADAMS, JANSON' G&oeEeKZ ASSOCIATES, '.C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. \iHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA, CIVIL ACTION - LAW VS. DOCKET NO, 97-6089 CIVIL TERM RUSSELL R. JANSON. M.D" DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT NON PROS PURSUANT TO PENNSYLVANIA RULt~ CIVIL PROCEDURE NO. 10371&1 TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: On June 15, 1998, a Rule was issued upon Plaintiff to file a complaint in the above-captioned action which was served upon Plaintiffs' attorney on June 17, 1998. Thereafter, upon Plaintiffs' failure to file a complaint within twenty (20) days as directed by the Rule, Plaintiffs' attorney was served with Defendant's ten-day Notice of Intent to Enter Judgrnent Non Pros. =n this regard, in accordance with P~nnsylvania Rule of Civil Procedure No. 237.1(2), attached hereto is defense counsel's certification that written notice of Defendant's intention to enter judgment non pros was sent to Plaintiffs' attorney on July 9, 1998. As it appears that Plaintiffs have not filed a complaint in this action, it is hereby requested that you kindly enter a judgment non pros in accordance with Pennsylvania Rule of Civil Procedure 1037(a). Date: //2-171 RFYNOLD~' & Hf'VAS. ' A pr~f~sional.co~oration ... I /. ~I If';'" / '/;' By: ' ,"" i! ~ ..{- MICHAEL M. BADOWSKI 'Attorney for Defendants - 2 - MICHAEL M, BADOWSKI, ZSQUII\Z 'a, supr... Court I.e, No. 32545 IIJ:YNOLDS , IIAV7.lI A Protaaa10nal corporatlon 101 'In. St~_t 'oat Ottlce 80x ~32 Ha.~labu.9, 'ennay1v&n1a 17108-0~32 Telephone: rax: E-Mall : 1717] 236-3200 [717] 236-6853 .eyhavaap1x, net Attorney tor eafandanta: I\USSZLL 1\. JANSON, M,e., AND eORKO, ADAMS, JANSON , GZODZCKI: ASSOCIATZS, P. C . ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. \'lHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , JURY TRIAL DEMANDED DEFENDANTS. PENNSYLVANIA RULE OP CIVIL PROCEDURE ~ 237.11al 121 CERTIFICATION I, MICHAEL M. BADOWSKI, counsel for Defendants in the above-captioned action, hereby cert~fy that a Rule was issued upon Plaintiffs to file a Complaint on June 15, 1998, and that said Rule was served upon Counsel for Plaintiffs on June 17, :998. ! further certify chat upon ?laintiffs' failure to file a Complaint within the twenty-day period of said Rule, Plaintiffs' ::ounsel '""as served with a :lotice of Intention to Enter Judgment :fun Pros in accordance with Pennsylvania Rule of Civil Procedure 237.: ia) 12) on July 9, 1998. In these regards, attached hereto are the referenced Rule and 10-Day Notice with their respective service letters, Date: !11~/~.:5' REYNOLDS & HAVAS A pr1~1 ~q?Oration 'i '. I I I ,I' B " I , ' , y: . I i,L. .... "- MICHAEL M. BADOWSKI Attorney for Defendants " - 2 . . . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ot the foreqoinq on all counsel ot record by placinq the same in the united states mail a~iSbUrq~~YiVania, first-class postaqe prepaid, on the ~ day ot . , 1998, and addressed as tallows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintift) REYNOLDS & HAVAS A Professional corporation B~~~' ~~ y: ....., . -- f\ " I: - 7 - ~ , , :.1 " -.- '. (. '. ,j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL -- LAW ROBERT E. WHISLER, an individual; ROBERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian, Plaintiffs vs. No. 91-6089 Civil RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., and PHYSICIANS FOR WOMEN'S HEALTH, P.C.: Defendants PETITION NOW, this 12th day of November, 1998, comes the plaintiffs by and through their counsel, Robert McAndrew, Jr., Esquire, and make the following petition: l. On or about November 2, 1998, a judgment of non pros was entered by the prothonotary for failure of the plaintiffs to file a complaint. 2. Less than lO days have elapsed since the filing of said judgment. 3. A verified copy of the complaint which the plaintiffs seek to file is attached hereto. WHEREFORE, the plaintiffs pray this honorable Court to open the judgment of non pros pursuant to ~a. R.C.P. 237.3. Respectfully submitted, 7JLLL. , R bert McAndrew, Jr., Esqui e 2547 Easton Avenue Bethlehem, PA leOl7 \ (6l01 694-9950 Attorney rD 71442 counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL -- LAW ROBERT E. WHISLER, an individual; ROBERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian, Plaintiffs vs. No. 91-6089 Civil RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., and PHYSICIANS FOR WOMEN'S HEALTH, P.C.: Defendants COMPLAINT NOW, come Robert E. Whisler, an individual, William R. Whisler, a minor, by Robert E. Whisler, his guardian, and Robert E. Whisler, in his capacity as the administrator of the estate of Dianne Whisler, deceased, by and through their counsel, Robert McAndrew, Jr., Esquire, and make the following complaint: l. Plaintiff, Robert E. Whisler, resides at 363 West Fifth Street, Lewistown, Pennsylvania. 2. Plaintiff has been appointed administrator of the estate of Dianne Whisler, deceased, which estate is being administered in Cumberland County, Commonwealth of Pennsylvania, in cause number 1995-00867. 3. Defendant, Russell R. Janson, M.D., practices at Physicians For Women's Health, P.C., 1 Lemoyne Square, Lemoyne, PA 17043. 4. Defendant, Dorko, Adams, Janson & Geodecke Assoc., P.C. is located at Physicians For Women's Health, P.C., 1 Lemoyne Square, Lemoyne, PA 17043, where service may be had upon its proper officers. 5. Defendant, Physicians For Women's Health, P.C.,is located at 1 Lemoyne Square, Lemoyne, PA 17043, where service may be had upon its proper officers. 6. This action arises as a result of the death of Dianne Whisler, on or about November 3, 1995, in Dauphin County, Commonwealth of Pennsylvania. It is brought by authority of 42 Pa.C.S. ~ 8301 by plaintiff, as administrator of the estate of Dianne Whisler, and for the benefit of all parties entitled to bring such cause of action under 42 Pa.C.S. ~ 830l. 7. At the time of her death, Dianne Whisler had only two survivors, namely Robert E. Whisler, her husband, and William R. Whisler, her infant son. 8. She had no other children living. 9. The above-named plaintiffs are the decedent's only and proper surviving heirs and are the only necessary plaintiffs in this case. lO. During the term of her pregnancy, beginning in the summer of 1995, decedent was a patient of Defendant DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., whom the plaintiff believes and therefore avers, has been succeeded by Defendant Physicians for Women's Health, P,C. ll. Decedent's primary treating physician was Russell R. Janson, M.D. l2. Decedent had been diagnosed with gestational diabetes, and was under the caToe of Defendants, who held themselves out as specialists in difficult pregnancies. 13. On or about October 24, 1995, decedent felt ill and contacted the Defendants' offices. l4. An appointment was made for decedent October 26, 1995 at the Defendants' offices. l5. Decedent was diagnosed at Defendants' offices on October 26, 1995 with a virus, told to drink clear liquids, and sent home. l6.' On October 28, 1995, decedent contacted defendants' offices and reported that her fetus had stopped moving. l7. The on-call physician, whose identity is presently unknown to the plaintiffs, but whom plaintiffs aver was an employee of defendants, stated to the decedent that babies sometimes get lethargic. No additional course of treatment was prescribed for the decedent. 18. On October 29, 1995, the decedent presented herself for treatment at the Harrisburg Hospital, where her son, William R. Whisler, was delivered by emergency caesarian section. Decedent was admitted to the hospital. 19. By October 31, 1995, decedent was being treated in the intensive care unit. 20. Exploratory surgery was performed on or about November 3, 1995. 2l. Decedent was subsequently diagnosed with "fatty liver disease," a condition which affects some pregnant women SUffering from gestational diabetes. 22. By the time of the exploratory surgery, the disease had entered its terminal phase. 23. The decedent died on November 3, 1995. 24. Defendants breached their duty of care to the decedent in that they: a. failed to warn her of the signs of fatty liver disease, a known risk to patients in her condition; b. Failed to diagnose the decedent's true condition during her office visit on or about October 26, 19951 c. failed to render appropriate medical care when contacted by the decedent on or about October 28, 1995. 25. All of the foregoing, each of which either acting either separately or concurrently with the others were proximate causes of the subsequent death of the decedent. 26. At the time of her death, save her last illness, decedent was otherwise in good health, and had a reasonable life expectancy in excess of 45 years. 27. At the time of her death, decedent was employed as a registered nurse, and had a substantial earning capacity. 28. The decedent was a good, faithful, and industrious wife and mother and contributed to the support of her husband and son, and also gave them wise counsel and advice and help, and in all reasonable probability would have continued to contribute to the support of her husband for the remainder of his life and to her son until he reached majority, and probably thereafter. 29. Decedent would have continued, had she lived, to advise and counsel both her husband and son. 30. By reason of the death of the decedent, her beneficiaries have been damaged to an extent to be proved at trial. 3l. By reason of the negligence of the defendants, and the death of the decedent, it was reasonably necessary to provide for the funeral service and the burial of the decedent. WHEREFORE, plaintiff requests this honorable court to find in favor of plaintiff and against defendant, and assess damages in an amount to be proven at trial, which amount is greater than $25,000. i R bert McAndrew, Jr., 2547 Easton Avenue Bethlehem, PA l80l7 (610) 694-9950 Attorney IO 71442 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN~SYLVANIA CIVIL -- LAW ROBERT E, WHISLER, an individual; ROBERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian, Plaintiffs vs. No. 97-6089 Civil RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., and PHYSICIANS FOR WOMEN'S HEALTH, P.C.: Defendants VERIFICATION I hereby verify that the statements made in the within complaint are true to the best of my knowledge and belief, and were obtained through interviews with the plaintiff in my office and by telephone. The plaintiff is presently outside of the jurisdiction of the court, and his verification could not be obtained within the time allowed for the pleading. l1vtL Ro rt McAndrew, Jr., Esquir 2547 Easton Avenue Bethlehem, PA lBOl7 (610) 694-9950 Attorney ID 71442 Counsel for Plaintiff '. 'c:; ~ , -.!!:..~ Q ~ - - Ci) }! >- "'I Cr., ,- r.. ''': t; IJ " . ,- C.J , , F~ ~..: r.~J ; C, {, .--) [, t:lt i ~~ J ,', I. , " "t ~ U t./\ 6 PYS510D Cumberland County Prothonotary's Office Ca.. Intri.. 1~~7-06089 WHISLII\ I\OBII\T I IT AL (vel JANSON RUSSILL 1\ MD IT AL rl1ad Dat., 11/03/1997 Tlmal 4:03 Ca.. Typel WRIT OF SUMMONS Page ---i of 4 12/31/98 ORDER - DATED 12/31/98 - IN RE PLAINTIFFS' PETITION TO OPEN JUDGMENT OF NON PROS - CONTINUED HEARING 2/10/99 11 AM CR 4 - BY KEVIN A HESS J - COPIES MAILED 12/31/98 - - - - - - - - - - . . - - LAST INTRY -. - - . - - - . _ _ . _ _ r2.Dona rl0.Print r12.Canoel r17.Top r18.Bot IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL -- LAW ROBERT E. WHISLER, an individual; ROBERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian, j) ,,' ,/1 '-/A u ..., 7, ~tJ~f Ul,W( ~ Plaintiffs vs. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., and PHYSICIANS FOR WOMEN'S HEALTH, P.C.: Defendants PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS To the Prothonotary: Kindly issue writs of sununons against the following: Russell R. Janson, M.D. c/o Physicians For Women's Health, P.C. 1 Lemoyne Square Sit: ,,)()/ Lemoyne, PA l7043 Dorko, Adams, Janson & Geodecke Assoc., P.C. c/o Physicians For Women's Health, p.e. 1 Lemoyne Square 5f-~.:J 0 I Lemoyne, PA l7043 Physicians For Women's Health, 1 Lemoyne Square 5,k .;;Jol Lemoyne, PA l7043 P.C. I'IS/11 Date /f/J v11. R bert McAndrew, Jr., 2547 Easton Avenue Bethlehem, FA l80l7-50 (610) 694-9950 Attorney rD 71442 Counsel for Plaintiffs ~ ., 4t -, .. . \ , , ' ~, ~ ('\ ~ ~ "- ") r( '^ , ~ \ ' M '\.n , - V) ~~ ~ , it. , " , . ... ..._.......,.'--e A ~-~ -.-- Commonwealth of Pennsylvania County of Cumberland OOBERT E. WHISLER, an individual; ROBERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian vs. RUSSELL R. JANSON, M.D., IXlRKO, ADAMS, JANSON & GEDDOCKE ASSOCIATES, P.C. and PHYSICIANS FOR I\OolEN'S HEALTH, P.C. Court of Commoll PI.... No, _______91..60B9._CiJdl.XeDo..____._ 19..__ III _ __ u _ _ .CiILiL .Acti.cn _" _ Law_ _ _____......._ To __I3Y~_~!:r_~~_q~J_}:hP_'_'__ffifl.!$9,__~, JANSON & GEDDOCKE ASSOCIATES, P.C. and PHYSICIANS FOR I'01EN'S HEALTH, P.C. You an! hereby notified that OOBERT E. WHISLER, an individual; ROBERT E. WHISLER Administrator of the Estate cif".15fanne-Whl-Ei'ier:--deceasiiii -tiiiCi-wILLij.,M-il-.--WiiiSLER:-'-.ij-Minor:--bY-Robert--E:-WiiIsler, lfi{SpPali,'lfiP~Bfla vecommellced all action in __Civil_.ActiLln_-=_Lawu_u___u____________________._ against you which you an! requin!d to def.nd or a default judgment may be entered again.t you. (SEAL) . _ Lawrence_ E- -Welker.._..erathcoaJ:.aI________ Prothonotary Date m____~~. 3lIl...______ 19__91 By __~JI'~--~~~~- ~~_________ I Deputy ~ry- ...... t . . u ..~ ~ ~ I Ilj!~~ .; ~ I I , , I ..: , . - I i PI I , I .... ~I ij 'l:ll"'~ ~"'~!1l c I . III o2l .51 . , ..~ ~~ .~ J , w .... ..... ..I ~! .., .... '.-I I 0-11 c N.... I '~I ~~....'tlUl ~"'UD: J ,I ro~~ f ~l ~~m~iJ .., '~&l <..::111.... 8' "'''' '" I ~~~~Cl!~ Cl!~~~ 8 "'0 < '.-11 . , H ~ :gl ..., ....~., ~I ~ $ r..... "'I I ~!~~~~ ~~~~ 0-1! ~I ~~~~...1 ,.-I, >, ~ (jl ~:;)a!~:C8 , I , SHERIFF'S RETURN - REGULAR CAS! NO. 1997-06089 P COftftONWEALTH OF PENNSYLVANIA' COUNTY OF CUftB!RLAND WHISLER ROBERT E !T AL VS. ,l6"GON RUSSELL R "D !T AL WESLEY COOK . Sh.riff or D.puty Sh.r1ff of who b.ing duly .worn acoord1ng SUftftONS wa. ..rv.d CUKBERLAND County, P.nn.ylvania, to law, .ay., th. within WRIT OF upon JANSON RUSSELL R ftD d.f.ndant, .t 1~33,00 HOURS, on th. \921 at C/O PHYSICIANS FOR WOftEN'S LEROYNE. PA 17043 County, P.nn.ylv.n1a, by h.nding to PATTY LIDDICK. SUPERVISOR , PERSON IN CHARGE . tru. and .tt..t.d copy of th. WRIT OF SUftftONS .nd at th. .... ti.. dir.cting ~ att.ntion to th. th. ~ day of Nov..b.r HEALTH PC 1 LEftOYNE SQ STE 201 . CUftBERLAND CLINIC . . cont.nt. th.r.of. Sh.riff'. Co.t., Dock.Ung S.rvic. Affid.vit Surch.rg. 18.00 9.92 .00 2.00 So an.w?;rIll ,...,,,,'" ~' ," .. c.t? ....;::.-~.... .",~~....L__ ~ H. Tho... KI1n., Sh.r1%% .;t:~.~~ HOBERT RCANDREW JR. 11/07/1997 by .) ~ ' , '/' C~~ ~;; Sworn and .ub.crib.d to b.for. .. thi. _~ day of '11.......,.vl,,~ 19 q, A.D. \....b.L~ ~, -1"'~..IL- lDe I I rot.nonot..ry SHERIFF'S RETURN - REGULAR CASE NO. 1997-06089 P COnnONWEALTH OF PENNSYLVANIA. COUNTY OF CUnBERLAND WHISLER ROBER'\' E ET AL VS. JANSON RUSSELL R nD ET AL WESLEY COOK . Sh.riff or D.puty Sh.riff of CURBERLAND County, P.nn.ylv.ni.. who b.ing duly .worn .ccording to l.w, ..y., th. within WRIT OF SUnnONS w.. ..rv.d upon DORKO ADAnS JANSON & GEODECKE ASSOCIATES P C th. d.f.nd.nt. .t 1533.00 HOURS, on th. -Rih d.y of Nov..b.r 1921 .t CIO PHYSICIANS FOR WOnEN'S HEALTH PC 1 LEnOYNE SQ STE 201 LEROYNE. PA 17043 .CUnBERLAND County, P.nn.y1v.ni.. by h.nding to PATTY LIDDICK. CLINIC iUPERVISOR & PERSON IN CHARGE . tru. .nd .tt..t.d copy of th. WR1T OF SUnnONS .nd .t th. .... ti.. dir.cting ~ .tt.ntion to tha cont.nt. tharaof. . Sh.riff'. Co.t.. Dockating Sarvica Affid.vit Surch.rg. 6.00 .00 .00 2.00 So .n.w.r.. H. Ino... ",C~:rr~~f! KOBERT nCANDREW JR. 11/07/1997 ..'. A' /// ~.. ./ by d~> /:"'~,t'./ v t~y .nn // -- .8.1fD1fD Sworn .nd .ub.crib.d to b.for. .. thi. '7 ~ d.y of ThV<..<oJ~ 19 '), A.D. ~ < C~ ""-......(i._ ,,-' ('-"- I'ro~~o~ary ~ , MICHAEL M, BADOWSKI, ZSQUII\Z 'a. suprema Court I.e. No, 32646 I\ZYNOLDS , HAV7.lI A Prote..1onal Coeporat10n 101 Plne St,,_t Poat Off1ce Boa ~32 Ka""1.bu"q, Pennay1vanla 11108-0~32 Telephone: rax: Ii-Nail: [711 J 236-3200 [711J 236-6163 reyhavhplx,net Atto~nay tor eetendant.: RUSSIiLL R. JANSON, M, 0 " AIlIl eoRKO, ADAMS, JANSON. GIiODZCKZ ASSOCIATES, '.C, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97-6089 CIVIL TERM JURY TRIAL DEMANDED , ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. PRAECIPE TO ENTER APPEARANCI TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVAl~IA: Kindly enter my appearance on behalf of Defendants, RUSSELL R. JANSON, M.D., AND DORKO, ADAMS, JANSON" GOEDBCU ASSOCIATES, P.C., in the above-captioned matter. Date: 0/;/ /-1 /j / .' . l : REYNOLpS & HAVAS } A P7fessipnal co..-por.~tion / / / l/ / / ( l j' i , /" By: / i. L,,I I' "< ''', MICHAEL M. BADOWSKI Attorney for Defendants, RUSSELL R. JANSON, 14. D ., A!l'D DORKO, ADAMS, JANSON " GOEDECKE ASSOCIATES, P.C. .,... III ~ l\. ~ - ~~< .. U1r:: - I):' l'> ;.~ . :,~' '.l ":J (i) I" '- ~f) " ,/~ p( I ~., 11.... ,;;:.; ~t.: - if] 0- f :.;.~ " Ill. ~~ , ~ . en ? U (i' t,) .-.. .. MICHAEL M, BADOWSKI, ZSQUII\Z Pa, suprama Court I,e, No. 32646 IIJ:YNOLDS , HAVAS A Prof...ional corporation 101 Una Itr_t 'oat Off1ca Box ~32 Karrlaburg, Pennaylvanla 17108-0~32 Talaphona: rax: Z-Mail : (717) 236-3200 [717) 236-61163 rayhavQap1x, net Attorney for eafandanta: RUSSIlLL R. JANSON, M,D" AND OORKO, ADAMS. JANSON . GlIiODICKZ ASSOCIATES, p, C, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97-6089 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT Date: (.-/;/ /15 ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment IlWl ~. REYNOLDS & HAVAS I' . BY" 7l7tl7/'on MICHAEL M. BADOWSKI Attorney for Defendants, RUSSELL R. JANSON. II. D .. AND DODO, ADAMS, JANSON r. GOEDBCKE ASSOCIATES, P.C. .,. '- .. t= Cr; - ~-~ .. :-:).1" lll~! - .' .\ ~ . ('J.: :, )~:~ f"l ~ <?~ ;~ ( ,,~ ...., ~J :'.':? l",,-I'-' _ , '. ~.- L:_ :'.-; ;"j ,: ., ~.')a.. ..", " ro -. U Q~ U --. ~ - ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R, WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , JURY TRIAL DEMANDED DEFENDANTS. R U L B TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment UQn ~. Dated: p"'" I{ /~?tr ~~ Prothonotary ~ 4 , . -... - ;- ~r. ~ - ". -, ,..: :'~~~ I JI ~:'? ( , );5: i:: " ...: (l',' ~:-j ; , ,(') .. tJ~ ':1 , ll:'. . :-:- ~ \ ::'J , , ij U_ ;'1 ... ., '. I' m ~j L' ",'" U "-- , .' MICHAEL M, BADOWSKI, ZSQUII\Z 'a. Supr... Cou~t I.e, Wo, 32646 I\ZYHOLDS , IIAVAS A Prof...ional Corporatlon 101 P1ne Str_t 'oat Ottlce Box ~J2 Harrlaburq, '.nnay1vanla 17l08-0~32 Talephon.: 1717J 236-3200 rex: 1717J 236-6863 I-Mall: rayhavaeplx,net ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C ., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. Attorney tor eetendanta: I\USSZLL R, JANSON, M.e., AND DORKO, ADAMS, JANSON' GZoezcKZ ASSOCIATZS, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97-608~ CIVIL TERM JURY TRIAL DEMANDED P RAE C I P E TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly file of record the attached Certificate of Service of the RULE TO FILE COMPLAINT which was entered on June 15, 1998, and served on the date reflected in the attached Certificate of Service, Date: c/; ~,.!t <6/ , . . .~~n/iOO By: 't< /(ll~Ltt MICHAEL M. BADOWSKI Attorney for Defendant, RUSSELL R. JANSON, M.D., lUll) DORKO, ADAMS, JANSON r. GOEDECKE ASSOCIATES, p.e. ... CBRTIPICATB OP SBRVICB I HEREBY CERTIFY that I s~rved a true and correct copy of the RULB TO PILE COMPLAINT entered by the Prothonotary of Cumberland County, Pennsylvania, in the foregoing action on June 15, 1998, upon all parties of record or their counsel by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the ')?U~ day of ~LI' () - ,1998, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By: 41O/JLCfJ.~' {)d~ Nancy M. arns, Secretary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I s~rved a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the -Ii!!: day of 9/At..J2- , 1998, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By: iIllAAl-Cf(9Jl, O~ Sec tary . >- ,- ,. j'.'" ,.., l!.l ('I- f~', , 1- _~. ,y 1" L} LJ i':~ :i.' " " L: (". I.J~ (e,,,,; r~ '.. :--) ..,... ;.J 0' .', , , :-.) IV') "" .. ,] ; :,.1.,. ."'. ;:.-;" U CERTIPICATE PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OP, COURT OP COMMON PLEAS DIANE WHISLER TERM, 0000 -VS- CASE NO. 97 CIVIL 6089 JANSON, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE defendant 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, includ~ng the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be ~erved is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 8/24/98 4~.1.) ..t~<.J MICHAEL BADOWSKI, ESQUIRE Attorney for DEFENDANT DEll-054862 6S974-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF. COURT OF COMMON PLEAS DIANE WHISLER TERM, 0000 -VS- CASE NO. 97 CIVIL 6089 JANSON, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DRS. K. B. CONNER & J. F. RICH TERRY B. TRESSLER, D.O. MILTON S. HERSHEY MEDICAL CTR. HARRISBURG HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL TO, ROBERT MCANDREW, JR., ESQUIP~ MCS on behalf of MICHAEL BADOWSKI. ESQUIP~ 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24, Complete copies of any reproduced records may bu ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 8/02/98 MCS on behalf of HICHAEL BADO;!SKI. ESOUIRE Attorney for DEfEllDAIlT cc: MICHAEL SADOWSKI, ESQUIRE - 4043-1 Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MAIlI~T STP~ET #800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-070508 65974-CO~ ~m 01' P~VANIA CXXlNl"i 01' <D4!lE1U:.AND DIANE WHISLER Fi Ie No.' 97-CIVIL_6089 VS. JANSON, ET AL. ~NA TO PROOI.D; DOCl.JoEtn'S OR TH I loGS FOR DI~RY ~SUANT TO RULE 4009,22 TO: CUSTODIAN OF RECORDS FOR: KENNETH B. CONNER, M.D./ .JAMES F. RICH, M.D. (N8me of Person or Entity) Within twenty (20) dayS after service of this subpoena, you are ordered by the court to prodJce the following docuneots or things: SEE ATTACHED ~t THF. MCS GROUP, INC" 1601 MARKET STREET SUITEU 800 PHILADELPHIA,PA. (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena. together with the certificate of cx:rrpliance, to the party making this request at the addrf'-ss listed above. You hava the right to seek in adv~ the reasonable cost of preparing the copies or prodJcing the things sought. I f you fai I to prodJce the docunents or things required by this subpoen~ within twenty (20) days after its service, the party serving this subpoena II'llY seek a court order oc:rrpe II i r:g you to oc:rrp I y with it. THIS SUBPOENA WAS ISSUED AT l1-E REQUEST OF l1-E FOLLaYlNG PERSON: NAME: MTr~AF.l M RAnoWSKI. ESOUIRE ADDRESS: 101 PINE STREET P.O. BOX 932 HARRISBURG,PA. 17108 TELEPHoNE: (215) 246-0900 Sl.PREl1: c:cun 10 II ATTORNEY FOR: DEFENDAI'T DATE: 7-30-9/ Sea i of the Coyrot (Eff. 1/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF. COURT OF COMMON PLEAS DIANE WHISLER TERM, 0000 -VS. CASE NO. 91 CIVIL 6089 JANSON, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DRS. K. B. CONNER' J. F. RICH TERRY B. TRESSLER, 0,0. MILTON S, HERSHEY MEDICAL CTR. HARRISBURG HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL TO: ROBERT MCANDREW, JR., ESQUIRE HCS on behalf of MICHAEL BADOWSKI, ESQUIRE intends to serve a subpoena identical to the one chat 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 8102/98 MCS on behalf of MICHAEL BADOWSKI, ESQUIP~ At torne)' for DEfEllDAHT CC: H!CH.~L BADOWS~!, ESQUIRE - 4043-1 Any questions regard:ng this matter, contact THE MCS GROUP, lIlC. 1601 HARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-07050B 6S974-CO~ ~TlI OF PaHiYLVl\NIA <XXlNlY OF <n4BEllLI\N[) DIANE WHISLER File No.' 97-CIVIL_6089 VS. JANSON, ET AL. SUBPOENA TO PROOlXE DClClJoENTS OR TH I NGS FOR 0 I SCOVERY PUlSl.lANT TO IM..E 4009, 22 TO: CUSTODIAN OF RECORDS FOR: TERRY B. TRESSLER, 0,0,/ CAPITAL HEALTH SYSTEM (NlI1lll of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prodJce the following docunents or things: SEE ATTACHED MARKET STREET SUITED 800 PHILADELPHIA,PA. 19103 ~t THE MCS GROUP, INC., 1601 (Address) '(ou may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of c:arpliance. to the party making this request at the addrl"-ss listed above. You have the right to seek in advanca the reasonable cost of preparing the copies or prodJcing the things sought. I f you fai I to prodJce the docunents or things required by this subpoena within twenty (20} days after its service, the party serving this subpoena Il'llY seek a court order c:arpe Il ir:g you to CCITp ly with it, THIS SU3POENA WAS ISSUED AT TI-E REQl.EST OF TI-E FOLLOWING PERSON: NA/'E: 'fTrHAl'T '" BADOWSKI. ESQUIRE ADORESS: 101 PI~E STREET P.O. BOX 932 HARRISBURG,PA. 17108 (215) 246-0900 TELEPI-P4E: SU'REI'E lXUlT ATTORNEY FOR: 10 II DEFENDAI'lT DATE: 7:J()- 9/ Sea 1 of the Court LK: , Civil Division Deputy (Eff. 1/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TERRY B, TRESSLER, 0,0, CAPITAL HEALTH SYSTEM 205 SOUTH FRONT ST. HARRISBURG, PA 17105K700 RE: 65974 DIANE WHISLER Any and all recurds, correspundence. files and memorandums, handwriUen nules, billing and payment records, relating to an}' examination, cunsullatiun, care ur lrealment, Dates Requested: up to and including the present. Subject: DIANE WHISLER 62 NORTH ORANGE STREET, CARLISLE, PA 17013 Social Security #: 190-50-8885 Date or Birth: 05-04-61 5UIO-150500 65974-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OF. COURT OF COMMON PLEAS DIANE WHISLER TERM, 0000 -VS- CASE NO. 97 CIVIL 6089 JANSON, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE defendant 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 the 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: 8/24/98 MICHAEL BADOWSKI, ESQUIRE Attorney for DEFENDANT DEll-054864 65974-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 1N THE HATTER OF. COURT OF COMMON PLEAS DIANE WHISLER TERM, 0000 -VS- CASE NO: 97 CIVIL 6089 JANSON, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DRS, K, B, CONNER' J. F. RICH TERRY B, TRESSLER, D.O. MILTON S. HERSHEY MEDICAL CTR. HARRISBURG HOSPITAL MEDICAL MEDICAL MEDICAL MEDICAL TO. ROBERT MCANDREW, JR" ESQUIRE MCS on behalf of MICHAEL BADOWSKI, 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 s~bpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 8J02J98 MCS on behalf of MICHAEL BADOWSKI. ESOUIRE Attorney for DEFENDAHT CC: MICHAEL BADOWSKI, ESQUIRE - 4043.1 Any questions ~egarding this matter. contact THE MCS GROUP. IIle. 1601 MARKET STREET #800 PHIL}~ELPHIA PA 19103 (215) 246-0900 DE02-070508 6S974-COJ.. EXPLANATION OF REQIJIIU:U IU:CORUS TO: CUSTODIAN OF RECORDS FOR: MILTON S, HERSIIEY MEDICAL erR, SOO UNIVERSITY DRIVE PO BOX KSO HERSHEY, PA I7OJ3 RE: 65974 DIANE WHiSLER INCLUDING IN/OUTPATIENT RECORDS, Any and all rccllrds. ~Ilrrcsr"nden~l" filcs and nwtnllrandulm, handwrlllcn nlltes, rcl,lling III any cxamlnatilln, l'lInsultatllln .'MC IIr lrcatl11cnl. Dates Re1luested: up to Rnd Includlnllthe present. Subject: DIANE WIIISLER 62 NORTH ORANGE STRn:-I', CARLlSU':, PA 170IJ Social Security #: 19(J-50-888S Date or 8irth: 05-04-61 SU10-150502 65974-L03 CERTIPICATE PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OP, COURT OF COMMON PLEAS DIANE WHISLER TERM, 0000 -VS- CASE NO: 97 CIVIL 6089 JANSON, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI. ESQUIRE defendant 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 the 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. 8/24/98 HlCHAEL BADOWSKI. ESQUIRE Attorney for OEFENDANT DEll-054865 65 9 7 4 - L 04 COMMONWEALTH 01:-' l'I.':NNSYf.VANIA COUNTY OF CUMBERLAND IN THE MATTER OF. COURT OF COHMON PLEAS DIANE WHISLER TERM, 0000 .VS- CAS~ NO: 97 CIVIL 6089 JANSON, ET AL NOTICE OF INT~NT TO_SERVE A SUBPOENA TO PRODUCE DOCUMENTS DRS. K, B, CONNER' J, F, RICH TERRY B. TRESSLER, D.O, MILTON S. HERSHEY MEDICAL CTR. HARRISBURG HOSPITAL MEDICAL HEDICAL MEUICA1. MEDICAL TO: ROBERT MCANDREW, JR" ESQUIRE MCS on b~half of ~ICItA~~,~}~qWSKJ~_~~~I!E. int~nds to serve a subpoena identical to th~ one that I. attlched to this notice. You have twenty (20) days from the date IlHed hel"", III which to flle of record and serve upon the undersigned an objection to the lubp".na, If no objection is made the subpoena may be served pursuant t" the .ppllcable Pennsylvania Rules of Civil Procedure 4009.24. Compllt. copl.1 of .ny r.produced records may be ordered at your expense by compllting thl attached counsel card and returning same to MCS or by contacting our local MCS office, DATE. 8/02/98 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE Attorney for DEFENDANT CC. MICHAEL BADOWSKI, ESQUIRE . 4043-1 Any queltionl regarding thia matter, contact THE MCS GROUP, INC, 1601 HARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-070508 65974-CO~ CXHOlwEAt:m OF PmNSYLVl\HIA cx:mmc OF aJMBmtAND DIANE WHISLER Fi Ie No. , 97-CIVIL_6089 VS. JANSON, ET AL. Sl.8POENA TO PR<llllX:E OOCl.JoENTS OIl TH I OOS FOIl DlsrovERY PUlSUANT TO RULE 4009,22 CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (NIIITlO of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prodJce the following docunents or things: SEE ATTACHED TO: &t THE MCS GROUP, INC., 1601 MARKET STREET SUITE# 800 PHlLADELPHIA,PA. 19103 (Address) '(ou may deliver or mail legible copies of the doct.rnents or produce things requested by this subpoena, together with the certificate of carpliance. to the party making this request at the addr~-ss listed above. You have the right to seek in advllTlCa the reasonabla cost of preparing the copies or producing the things sought. I f you fail to prodJce tha docunents or things required by this subpoen'l within twenty (20) days after its service, the party serving this subpoena IAlY seek a court order ccrrpellir:g you to carply with it. THIS SUlPOENA WAS ISSUED AT llE REOLeST OF TIE FOLLOYING PERSON: NA/'E: 'fTr.HAF.',!oj, BADOWSKI , ESQUIRE ADDRESS: 101 PINE STREET P.O. BOX 932 HARRISBURG,PA. 17108 (21;) 246-0900 TELEPI-ONE: SU'R&E exulT ATTORNEY FOIl: 10 II DEFE!\1JANT DATE: , 7. ?().c;l Se" I of the Court Division (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 205 S, FRONT STREET HARRISBURG. PA l711l5 RE: 65974 DIANE WHISLER INCLUDING IN-PATIENT & OUT-PATIENT RECORDS Any amI all records, correspondence, files and memorandums, handwrillcn noles, relating 10 any examlnalion, consultalion care or trealrnenl, Dales Requested: up to and Including the present. SubJect: DIANE WIIISLER 62 NORTH ORANGE STREET, CARLISLE, PA 17013 Social Security #: 190-50-8885 Dale or Birth: 05-04-61 " 5U10-15069865974-L04 .,. I:) '- I ~. r " , - ; , -. , ( J I, ;:.l... ~; .' l"~ i 0 U' (J WICHAlL W. BADOWSKI, .SQUIKI Pa. lup~'" Couzt I.D. Mo. 321.. KlnlOWI , 1IAVA5 A P~ofeaaional Cocporation 101 Pine Itr_t poat Office Boa 832 Harriaburg, penn.ylvania 17108-0832 Telephone: raa: E-Mail: (717) 231-3200 [717) 231-1"3 reyhaveepia.ne" Atto~ fo~ Defendanta: IWI..LL a. JUlION, N.D., AIl1l DOIUtO, ADAMI, JUlSON .. ll&OIlECQ AlIOCUnl, P. C . ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED PRAECIPE POR ENTRY OP JUDmnnJ'I' NON PROS PURSUANT TO PENNSYLVANIA RULE OP CIVIL PROCEDURE NO. 10371a) TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: On June 15, 1998, a Rule was issued upon Plaintiff to file a complaint in the above-captioned action which was served upon Plaintiffs' attorney on June 17, 1998. Thereafter, upon Plaintiffs' failure to file a complaint within twenty (20) days as directed by the Rule, Plaintiffs' attorney was served with Defendant's ten-day Notice of Intent to Enter Judgment Non Pros. In this regard, in accordance with Pennsylvania Rule of Civil Procedure No. 237.1(2), attached hereto is defense counsel's certification that written notice of Defendant's intention to enter judgment non pros was sent to Plaintiffs' attorney on July 9, 1998. As it appears that Plaintiffs have not filed a complaint in this action, it is hereby requested that you kindly enter a judgment non pros in accordance with Pennsylvania Rule of Civil Procedure 1037(a). Date: I/?A~' on - 2 - MICIlAll:L M. BADOWSKI, ESQUIRE P.. Supreme Court I.D. No. 32'" RElCNOLDS .. IIAVlUI A P~of...ion.l corpo~.tion 101 Pin. Str_t po.t attic. Box 832 H~rri.bU~9, Pann'ylvania 17108-0832 Talaphon. : raa: E-Mail: (717) 231-3200 (717) 231-6813 rayhavaapix. nat Attorney for Dafendant.: RUSSELL R. JllHSON, M.D., AND DOIUtO, ADAMS, JllHSON , llIlODECJa: ASSOCIAftS, P. C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED PENNSYLVANIA RULE OP CIVIL PROCEDURE NO. 237.1(8) 121 CERTIPICATIOJq I, MICHAEL M. BADOWSKI, counsel for Defendants in the above-captioned action, hereby certify that a Rule was issued upon Plaintiffs to file a Complaint on June 15, 1998, and that said Rule was served upon Counsel for Plaintiffs on June 17, 199B. I further certify that upon Plaintiffs' failure to file a Complaint within the twenty-day periOd of said Rule, Plaintiffs' counsel was served with a Notice of Intention to Enter Judgment Non Pros in accordance with Pennsylvania Rule of Civil Procedure 237.1(a) (2) on July 9, 1998. In these regards, attached hereto are the referenced Rule and 10-Day Notice with their respective service letters. Date: 11/2/98" By: on " - 2 - " REYNOLDS & HAVAS R JAMU REYNOLDS. JR JOHN HAV..I MiCHAEL M. BADOWSKI. ST!~fN L. 8AN~O, JR- ~OlF! "'''Oll. BAAAV A. KRONTHAL LAUAALII .. .AKIR MICHILI J. THORP ,NQ,..t.OI'W-'I.'U.il'IO.""O"t .\ nORNEvS AND COUNSELORS AT LAW 101 PINI! STRUT poaT O"ICI BOX 1132 ~'AAISBUAO PENNSVLVANIA 17ltJH.OQ:12 TlLI",ONI ,J 171 2]8.3200 ,.. 17111 23"'8883 I'MAIL r'Y"IV..DI.. "11 June 17, 1998 Curt Long, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Whisler vs. Janson, et al. Docket No. 97 CIVIL 6089 R&H File No. 4043-1 Dear Mr. Long: I enclose for filing in the above-referenced action the original of my Praecipe to File Certificate of Service of the Rule to File Complaint entered on June 15, 199B. In accordance with the Certificate of Service attached to the Praecipe, a copy of the Rule and Praecipe have been served on all parties or their counsel. I~/o"ffl /?! CL '11(1 .' MicMel -M'~ B~a~W~ki MMB/na Enclosures cc: Robert McAndrew, Jr., Esquire lw/encls.l bc: Russell R. Janson. M.D. (priv. and Conf., w/o encls.) Ms. Lisa A. Pratt IPIGA Claim PC-3532A/B, w/o encls.) ...' <c.., '....,. .to'_,'.',.' ,....,' ....... ,.... .".,... ~OBERT E. WHISLER, INDIVIDUALL, AND AS ADMINISTRATOR OF ':HE ESTATE OF DIANE WHISLER, ~ECEASED, AND WILLIAM R. 'NHISLER, A MINOR, BY ROBERT :. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM ~USSELL R, JANSON, ~.~.. :ORKO, ADAMS, JANSON & 30EDECKE ASSOCIATES, P.C., AND ?HYSICIANS FOR WOMEN'S HEALTH, ?C., . : DEFENDANTS, JURY TRIAL DEMANDED R U L E TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment ngn ~.. :)ated: r--" /5:, /'l'JI-? ~~2~ Prothonotary T:"!.' E In T' ;'--" , ;,no ,1111 _ ~~.": .~,~'~', ''"~.~~'n .... . -" "". hand ~~;".; .... I J. fhis . /6 ." iJdY ~i p,.<<....., 19~ ....~ ~. -;;::oo~.~~ REYNOLDS & HAVAS ~ ~"AU REYNOLDS ...A ..oHN HAVAS '.tlCHAIL M BACOWSKI III 1 t(PHEN L. BANKO .R III :;::ll,' E ",ROLL. dARAV... Il.RON'THAl. _"'uAALEE 8, .....IFt '-'ICI1ILI J. THORP ......n'UIIO....lca...,...',r:.. ""CRNEY' AND COUNULORS ... T LAW 101 PINI STAUT DO'T O"IC! lOX IIJ2 ~.\ARIS8UAa DOH~5'fL',"j!A "H~8-0Q1J TlLIPHONI 7111218-J2oo 'AX ,1111 ~3<<s.rI'l!I3 I''''A'L '....".v.IIII..n.' July 9. 1998 Robert McAndrew, Jr., Esquire 2547 East Avenue 3ethlehem, ?A :3017 Re: Whisler vs. Janson, et al. ~ocket No. ?7 CIVIL 6089 ?&H :;Oi!.~ '10. .;04~-: Dear Mr. McAndrew: Enclosed please find the original of a Notice of Intent to Enter Judgment Non Pros Pursuant to Pa. R. Civ. P. 237.1(a)(2). ----- J / ",.., ~W' Michael M. Badowski MMB/na Enclosures bc: Russell R. Janson, ~.D. (priv. and Conf" w/encl.l Ms. Lisa A, Pratt (PIGA Claim PC-3532A/B, w/encl.l .." . f I , mCl!AJ:L M. BADOWSKI, ESQUIIIE Pa. Supr_ Court I,D. t10. 3211' Ju:lCNOLDS , IIAVl\.S A Prot...1onal Carpor.tlon 101 Pin. It~aat po.t at fica Box 932 Harr1.burg, Pann'ylv&n1a l7108-0832 Tal.phon.: raa: E-Ma11: [717] 236-3200 [717] 236-1813 reyhav().p1x.net Attornay tor Oatandant.: RUSIII:LL R. JANSON, M,O., AND DORKO, ADAMS, JANSON' Gll:ODECKII: ASSOCIATES, P.C. ~OBERT E. WHISLER, :~IDIVIDUALLl AND AS ADMINISTRATOR OF THE ESTATE OF DIANF. WHISLER, ::ECEASED, AND WILL:~~ R. ~H!SLER, A MINOR, 3Y ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, :~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-60B9 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C" AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , :JEFENDANTS. JURY TRIAL DEMANDED NOTICE OF INTENT TO ENTER JUDGMENT NON PROS PURSUANT TO PA. R. CIV. P. 237.11&1 (2) -:'0: PLAINT!FFS and their counsel, Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 :ate of Notice: :u:y }, :99B IMPORTANT NOTICE 'ie;; ;~"S I:; :SF';'ULT 3EC';'::;;E ',OU ::.AVE FAI:"EO 70 FILE A : ::~F:..;r~T ::1 - - :';.S;::. '..-:It;::.;;;;, _ u ;;,;::'7 :HTHIN TEN :AYS FROM THE ::ATE GF ':'HIS :;01'::::::, A JUDGME:IT Y.AY BE ENTERED AGAINST YOU ...;:7:~:._.7 A :-:=:.;"O;:.:~:; ::"::: ';' -:.t :.!AY :~":3::: '~('L"R E:''JHT 78 S:::': :-~E ()O ..Q:. -!t - - ~ ~ i #, ~ 0- 0 ..... ,-" -:t. 1:I: \:..: - ('6 i~'" ':.j I..;" 9 d L .' , , ., j I ..- .J:!. 1 , :, -+I ,. Ll.. .~ .J " a- d.. (,):; N -'.) .:-:. 1 I:.... L.-l:"- ! i :~j :;t -!l ! ;:,:. I.. C' -11u.. I" :.L ....: U t;.:: ~ '..;.J u' U "'11". " MICHAll:L M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D, No. 3214' RElCNOLDS , IIAVAS A Praf...ional Corporation 101 Pina Streat po.t Ottica Box 832 HArriaburg, Pann.ylvAnia 17108-0832 Talephon. : Fax: E-Mail: (717) 231-3200 (717) 231-1813 rayhavaepix.nat ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. Attornay tor Datendant.: IIUSSELL II. JANSON, M.D., AND DOMO, ADAMS, JANSON' GEODECKJ: ASSOCIATES, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97-6089 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly file of record the attached Certificate of Service of the JUDGMENT NON PROS which was entered on November 2, 199B, and served on the date reflected in the attached Certificate of Service. Date: II//It,d' ~'7tM?tTiOO By" "11:,,1. MICHAEL M. BADOWSKI Attorney for Defendants CERTIPICATB OP SDRVICE I HEREBY CERTIFY that I served a true and correct certified copy of the JUDGMENT NON PROS entered by the Prothonotary of Cumberland County, Pennsylvania, in the foregoing action on November 2, 199B, upon all parties of record or their counsel by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the btit.. day of /JltzL{ II..< t.,"<-, 199B, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By: ?Jcln C e-HJt , itltVnv.:J.- ~ (J3ecretary .. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the (:it. day of :::)tILl (~,,_t..L/L , 1998, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA lB017 (Counsel for plaintiff) REYNOLDS & HAVAS A Professional Corporation By :tI1 a II. (, if: ,);1, tl tht 110- S retary ,. ~. .- .~ f~ u: 1-; , P": ~':) I!.I' e'1- I ~ ~ C--, " , (.,1 1" 0"\ '"or) r-1 ' ll.'!' I . . , -- ...~ (~!-. ..!luJ ~ , I" r~ , ..- 11 r<1 :i u (J' c..) F,lFD-();fiCE CF T' '.~ In~"" ,-'t ''.IT,,ny r":'. ',' 1\'V ,I, I'll 99 FEB 12 1'/1 3: :l~ CUMBLRJNu COUNlY PENNSYLVANIA r ..I " IN THE COURT OF CO~10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL -- LAW ROBERT E. WHISLER, an individual; ROBERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian, Plaintiffs vs. No. 97-6089 Civil RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., and PHYSICIANS FOR WOMEN'S HEALTH, P.C.: Defendants NonCE 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 appsarance 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 oth~r 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 LANYER AT ONCE. IF YOU DO ~ RAVE A LANYER OR CANNOT AFFORD ONE, GO TO OR TELEPHORB TBB OrrICI SET FORTH BELOW TO FIND OUT WHlRE YOU CAN OET LEOAL BELP. 'Jf4 Cumberland County Bar 2 Liberty Avenue Carlisle, PA 17013 Assn 717-249-3166 Ro rt McAndrew, Jr" 2547 Easton Avenue Bethlehem, PA IB017 (610) 694-9950 Attorney ID 71442 Counsel for Plaintiff ,1/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL -- LAW ROBERT E. WHISLER, an individual; ROBERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian, Plaintiffs vs. No. 97-6089 Civil RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., and PHYSICIANS FOR WOMEN'S HEALTH, P.C.: Defendants COMPLAINT NOW, come Robert E. Whisler, an individual, William R. Whisler, a minor, by Robert E. Whisler, his guardian, and Robert E. Whisler, in his capacity as the administrator of the estate of Dianne Whisler, deceased, by and through their counsel, Robert McAndrew, Jr., Esquire, and make the following complaint: 1. Plaintiff, Robert E. Whisler, resides at 140 Sand Rock Road, Lewistown, Pennsylvania. 2. Plaintiff has been appointed administrator of the estate of Dianne Whisler, deceased, which estate is being administered in Cumberland County, Commonwealth of Pennsylvania, in cause number 1995-00B67. 3. Defendant, Russell R. Janson, M.D., practices at Physicians For Women's Health, P.C., 1 Lemoyne Square, Lemoyne, PA 17043. 4. Defendant, Dorko, Adams, Janson & Geodecke Assoc., P.C. is located at Physicians For Women's Health, P.C., 1 Lemoyne Square, Lemoyne, PA 17043, where service may be had upon its proper officers. 5. Defendant, Physicians For Women's Health, P.C.,is located at 1 Lemoyne Square, Lemoyne, PA 17043, where service may be had upon its proper officers. 6. This action arises as a result of the death of Dianne Whisler, on or about November 3, 1995, in Dauphin County, Commonwealth of Pennsylvania. It is brought by authority of 42 Pa.C.S. ~ B301 by plaintiff, as administrator of the estate of Dianne Whisler, and for the benefit of all parties entitled to bring such cause of action under 42 Pa.C.S. ~ B301, 7. At the time of her death, Dianne Whisler had only two survivors, namely Robert E. Whisler, her husband, and William R. Whisler, her infant son. B. She had no other children living. 9. The above-named plaintiffs are the decedent's only and proper surviving heirs and are the only necessary plaintiffs in this case. 10. During the term of her pregnancy, beginning in the summer of 1995, decedent was a patient of Defendant DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., whom the plaintiff believes and therefore avers, has been succeeded by Defendant Physicians for Women's Health, P.C. 11. Decedent's primary treating physician was Russell R. Janson, M.D. 12. Decedent had been diagnosed with gestational diabetes, and was under the care of Defendants, who held themselves out as specialists in difficult pregnancies. 13. On or about October 24, 1995, decedent felt ill and contacted the Defendants' offices. 14. An appointment was made for decedent October 26, 1995 at the Defendants' offices. 15. Decedent was diagnosed at Defendants' offices on October 26, 1995 with a virus, told to drink clear liquids, and sent home. l6. On October 2B, 1995, decedent contacted defendants' offices and reported that her fetus had stopped moving. l7. The on-call physician, whose identity is presently unknown to the plaintiffs, but whom plaintiffs aver was an employee of defendants, stated to the decedent that babies sometimes get lethargic. No additional course of treatment was prescribed for the decedent. 18. On October 29, 1995, the decedent presented herself for treatment at the Harrisburg Hospital, where her son, William R. Whisler, was delivered by emergency caesarian section. Decedent was admitted to the hospital. 19. By October 31, 1995, decedent was being treated in the intensive care unit. 20. Exploratory surgery was performed on or about November 3, 1995. 21. Decedent was subsequently diagnosed with "fatty liver disease," a condition which affects some pregnant women sUffering from gestational diabetes. 22. By the time of the exploratory surgery, the disease had entered its terminal phase. 23. The decedent died on November 3, 1995. 24. Defendants breached their duty of care to the decedent in that they: a. failed to warn her of the signs of fatty liver disease, a known risk to patients in her condition; b. Failed to diagnose the decedent's true condition during her office visit on or about October 26, 1995; c. Failed to render appropriate medical care when contacted by the decedent on or about October 28, 1995. 25. All of the foregoing, each of which either acting either separately or concurrently with the others were proximate causes of the subsequent death of the decedent. 26. At the time of her death, save her last illness, decedent was otherwise in good health, and had a reasonable life expectancy in excess of 45 years. 27. At the time of her death, decedent was employed as a registered nurse, and had a substantial earning capacity. 2B. The decedent was a good, faithful, a~d industrious wife and mother and contributed to the support of her husband and son, and also gave them wise counsel and advice and help, and in all reasonable probability would have continued to contribute to the support of her husband for the remainder of his life and to her son until he reached majority, and probably thereafter. 29. Decedent would have continued, had she lived, to advise and counsel both her husband and son. 30. By reason of the death of the decedent, her IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL -- LAW ROBERT E. WHISLER, an individual; ROBERT E. WHiSLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Mlnor, by Robert E. Whisler, his Guardian, Plaintiffs vs. No. 97-6089 Civil RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C., and PHYSICIANS FOR WOMEN'S HEALTH, P.C.: Defendants VERIFICATION I verify that I have read the attached Pleading and that ths statements made in this Pleading are true and correct. I understand that false statements herein are made sUbject to the penalties of lB Pa.C.S.~ 4904 relating to unsworn falsification to authorities. dwI t: tJluL Robert E. Whisler .. ~ '" >-- Co; ~~. C\O.. ~Jr, ). F -, '-- 1.-. 8i (:-. (-. C"t r; -- f'.: ~ n ,-" U " n , NICIlUL N, BADOMSKI, ESQUIRE Pa. Suprema Co~t I.D. No. 321.. Kinlaw. , 1IAVA5 A prot...ional Corporation 101 Pin. .t~_t po.t attic. Box 832 Harri.burq, Penn'ylvania 17108-0832 Tel.phon.: raa: E-Mail : (717) 231-3200 (717) 231-1113 r.yhav9epix.net Attorney tor D.tandant. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D" DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C, , DEFENDANTS. JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEPENDANTS TO PLAINTIPP'S COMPLAINT 1. Denied. After reasonable investigation, Answering Defendants ("hereinafter "Dr. Janson") are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiff's Complaint and, therefore, said averments are denied. 2. Denied. After reasonable investigation, Dr. Janson is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiff's Complaint and, therefore, said averments are denied. 3. It is admitted that Dr. Janson currently practices at Physicians for Women's Health, P.C., 1 Lemoyne Square, Lemoyne, PA 17043. 4. Denied as stated. By way of further answer, Dorko, Adams, Janson & Geodecke Associates, P.C, ('DAJG') was the professional corporate practice in existence at the time relevant to Plaintiff'S Complaint. DAJG, as a corporate entity, was disbanded in April 1997 with various members of the practice forming the current corporate practice of Physicians for Women's Health, P.C. 5. Admitted with qualification. By way of further answer, ~hysicians for Women's Health, P.C., did not exist as a corporate entity in 1995. 6. No response required. 7. Denied. After reasonable investigation, Dr. Janson is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiff's Complaint and, therefore, said averments are denied, 8. Denied. After reasonable investigation, Dr. Janson is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiff's Complaint and, therefore, said averments are denied. 9. Denied. After reasonable investigation, Dr. Janson is without knowledge or information sufficient to form a belidf - 2 - as to the truth of the averments of this paragraph of Plaintiff's Complaint and, therefore, said averments are denied. 10. Denied as stated. By way of accurate answer, Diane Whisler first became a patient of Dorko, Adams, Janson & Geodecke Associates, P.C., on May 2, 1995. By way of further answer, Dr. Janson incorporates herein by reference the answer to Paragraph 4 of the Plaintiff's Complaint as if the same was set forth in its entirety. 11. Denied as stated. By way of further answer, Dr. Janson does not know what Plaintiff intends to mean by his use of the term 'primary treating physician' in this paragraph of the Plaintiff's Complaint. By way of further answer, Dr. Janson was not Diane Whisler's primary care physician. Dr. Janson, together with other members of his group, provided prenatal and obstetrical care to Diane Whisler during her 1995 pregnancy. ~y way of further answer, during the course of sa.id pregnancy, Diane Whisler was also seen for matters relating to her pregnancy by physicians other than those associated with Dorko, Adams, Janson & Geodecke Associates, P.C, 12. Denied as stated. By way of accurate answer, the obstetricians/gynecologists of Dorko, Adams, Janson & Geodecke Associates, P.C., held themselves out as specialists in obstetrics and gynecology. By way of further answer, upon Diane - 3 - Whisler's diagnosis of gestational diabetes, specialty referrals ensued. 13. Admitted upon information and belief. 14. Admitted. 15. Denied as stated. By way of further answer, when Diane Whisler called the office on 10/24/95, she was provided with a prescription of phenergan. When seen in the office by Dr. Janson on 10/26/95, her nausea had improved. Currently, Dr. Janson cannot recall having diagnosed a viral illness. At the time Diane Whisler was seen, she reported that her vomiting was controlled with the phenergan. 16. Denied. By way of accurate answer, on 10/2B/95, Diane Whisler contacted Defendants' offices with a question of decreased fetal movement. She was told to take some juice and to put her feet up and to do fetal kick counts and that if she counted less than four movements in an hour, she was to call back. Diane Whisler did not call back until the next day. 17, Denied. CUrrently Dr. Janson believes that he was the physician who spoke with Diane Whisler on 10/28/95, By way of further answer, Dr. Janson believes it likely that he would have told Mrs, Whisler that babies, in utero, sometimes sleep and become inactive. It is denied that no additional course of treatment was prescribed for the decedent. To the contrary, Mrs. Whisler was instructed to drink juice and to put her feet up and 4 - do fetal counts and to call it' she detected less than four fetal movements in an hour. Mrs. Whisler did not call until the next day, 10/29/95. lB. It is admitted that on Sunday, October 29, 1995, at the direction of Dr. Janson, Diane Whisler presented herself for evaluation at the Harrisburg Hospital. It is admitted that Dr. Janson admitted Mrs. Whisler to the hospital and that an emergency cesarean section delivery was carried out. 19. Admitted. 20. Denied, Currently, Dr. Janson is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiff's Complaint and, therefore, said averments are denied. 21. Denied. To the contrary, a presumptive diagnosis of fatty liver disease was made at or around the time of Diane Whisler's cesarean section procedure by Dr. Janson in conjunction with perinatologist, Dr. Tressler. 22. Denied. The averments of this paragraph of Plaintiff's Complaint recite a medical conclusion to which no response is required. 23. Admitted upon information and belief. 24. (a)- (c) Denied. The averments of this paragraph and its subparagraphs of Plaintiff's Complaint recite medical and legal conclusions to which no response is required. Defendants - 5 - aver, howeyer, that they at no time breached their duty of care to Diane Whisler. To the contrary, at all times and for all purposes relevant to their professional involvement in the health care of Diane Whisler, Defendants acted appropriately and in a fashion commensurate with a standard of obstetrical care applicable under similar circumstances and they in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. 25. Denied. Defendants did not negligently cause or negligently contribute to cause Diane Whisler's death. 26. Denied as recitations of medical conclusions to which no response is required. 27-31. These paragraphs of the Plaintiff's Complaint refer to claims of damages after reasonable investigation of which, Defendants are without knowledge or information sufficient to form a belief as to their truth and, therefore, said averments are denied. Defendants aver, however, that at all times and for all purposes relevant to their professional involvement in the health care of Diane Whisler, they acted appropriately and in a fashion commensurate with a standard of obstetrical care applicable under similar circumstances and that they in no way negligently caused or negligently contributed to cause any injury or damage to Plaintiff. - 6 - WHEREFORE, Defendants demand judgment in their favor and against Plaintiff. Nlnf MAT'l'BR 32, Dr. Janson was insured under policies issued by the PIC and/or P'I'E Insurance Companies against whom Orders of liquidation have been entered with findings of insolvencies. 33. As a result of the insolvencies and ordered liquidations of PIC and/or P'I'E, the provisions of 40 P.S. S991.1B17(a) apply to Plaintiff's claims. Said provisions require Plaintiff to exhaust first his rights under any insurance policy including, but not limited to, claims under accident and health insurance, worker's compensation, Blue Cross and Blue Shield and allover coverages except for policies of insolvent insurers. 34. Upon information and belief, certain of Plaintiff's medical bills for which Plaintiff seeks recovery in this action were paid or are payable under accident and health insurance, worker's compensation, Blue Cross and Blue Shield, or other insurance. 35. Plaintiff's recovery under all other insurance reduces any amount payable by the Pennsylvania Property & Casualty Insurance Guaranty Association; to the same extent Plaintiff's claims against Defendants are also reduced. - 7 - 36. At all times and for all purposes relevant to their professional involvement in the health care of Diane Whisler, Defendants acted appropriately and in a fashion commensurate with a standard of obstetrical care applicable under similar circumstances. 37. Defendunts did not negligently cause or negligently contribute to cause any injury or damage to Plaintiff, 3B. To the extent currently applicable, or to the extent that it may later become applicable, Defendants plead the statute of limitations referable to personal injury actions in Pennsylvania to preserve this affirmative defense for the record. 39. To the extent that Plaintiff endeavors to plead as a basis of recovery lack of informed consent, Plaintiff's Complaint fails to properly state a cause of action cognizable under Pennsylvania law in this regard, 40. Defendants plead all rights, defenses and benefits affordable under the Pennsylvania Health Care Services Malpractice Act, 40 P,S. S1301,101 et seq. 41. To the extent that discovery reveals, Defendants plead Plaintiff's contributory negligence/comparative negligence and/or assumption of risk to preserve these affirmative defen... for the record. - 8 - 42. When the diagnosis of gestational diabetes was made during the cour6e of Diane Whisler's 1995 pregnancy, she was referred for diabetic management to the internal medicine group of Conner, Rich, Kearney and Torchia and she had ultrasound assessment undertaken by perinatologist, Dr. Tressler. 43. Diane Whisler called Defendants' office on 10/24/95 with complaints of nausea and vomiting for which a prescription of phenergan was issued. Diane Whisler was then seen in the office by Dr. Janson on 10/26/95 at which time she reported that her vomiting was controlled with the phenergan. 44. On 10/28/95, Diane Whisler contacted Defendants' office with a question of decreased fetal movement, She was instructed to take some juice and to put her feet up and to do fetal kick counts and that if she counted less than four movements in a hour, she was to call back. Diane Whisler did not call back until the next day. 45. On Sunday, October 29, 1995, upon receiving a call from Diane Whisler reporting that her vomiting was no longer being controlled with the phenergan, at the direction of Dr, Janson, Mrs. Whisler presented herself for evaluation at the Harrisburg Hospital. Following evaluation and laboratory workup, emergency cesarean section delivery was promptly carried out. - 9 - 46. A presumptive diagnosis of fatty liver disease was made at or around the time of Diane Whisler's cesarean section procedure by Dr. Janson in conjunction with perinatologist, Dr. Tressler. 47. Fatty liver disease is one of the r~rest diseases associated with pregnancy and carries with it a high incidence of maternal and fetal mortality. 48. Defendants plead all rights, benefits, defenses and set-offs affordable under the Pennsylvania Property & Casualty Insurance Guaranty Association Act, 40 P.S. S991.1B01, et seq. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff. Date: ~fr~ By: _1 - 10 - TELEPHONE: (610) 694,9950 FAX: (610) 758-8650 100 HEREBY CERTIFY THAT THE ENCLOSED WRITING IS A TRUE ANI CORRECT COPY OF THE ORIGINAL E.MAIL: McESQUIRE2@AOL.COM ROBERT McANDREW, JR. ATTORNEY &. COUNSELLOR AT LAW 2128 EASTON AVENue BETHLeHEM, PENNSYLVANIA 18017 -".~"-,-..""~,."",,,-; ROBERT MCANDREW, JR.. ESQUIRE . , .. I ~..... , 'j . . .. .\"i, . 1 ,~ " ., , , .-. ~...-:;,-.,...,...-- 1 I ! f 1,.--- " .. ,\ r r '", \ \, , T"'" l CERTIFICATE OF S8RVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the dCIIL day of /~/l.t,l'L , 1999, and addreseed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By:?!ditrL~, tl dd-zu A SeEjretary ~ NICIlAll:L N. BADOWSKI, J:SQI1IRE Pa, Sup~... Couzt I.D. No. 32... BADOWSKI, 1llUIItO, IlROLL, IlRONTIIAL AND IAIl&R A Prot...ional Corporation 101 Pine Str_t po.t Ot~ice Box i32 N~ri.buzg, Penn.ylvania 17108-0832 \'.lephon.: r....: E-NaU: [717) 231-3200 (717) 236-1813 reyhav9epix.net Attocney to~ D.~andant.: RI1U&LL R, JllHSON, N.D., AND DOIUtO, ADAMI, JANSON , llIlOD&CJa: AlIOCUTIII, .. C . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97-6089 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE TO SE~ICE OF A SUBPOENA PURSUANT TO RULE 4 09.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants, RUSSELL R. JANSON, M.D., AND DORKO, ADAMS, JANSON & GOEDECKE, P.C., certify that: ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. (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 (20) 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 sUbpoena which is attached serve the subpoena. served is identical to the to the notice of intent to Date: --';/f/;:7 .- / /{,/11<// MI HAEL M. BADOWSKI, ESQUIRE Counsel for Defendants, RUSSELL R. JANSON, M.D., AND DORKO, ADAMS, JANSON & GOEDECKE, P.C. - 2 - .. MICIlAll:L N. BADOWSKI, ESQUIRE Pa. lupr... Cou~t I.D. No. 32..1 IADOlfIKI, UHIIO, KROLL, KROWTIIAL AND IlADJl A prota.aional Corporation 101 Pine Str_t 'oat Ottioe Boa e32 aarriaburq, Pannaylvania 17108-0832 Talaphona: ru: E-Mail: [717) 231-3200 [717) 231-1813 ~eyhaveepi.. nat Attorney tor Detandanta: IWIIELL a. JUIOW, N.D., AND DOIUtO, ADAMS, JllHSON , lI&OD&CK& Allceunl, P. C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECK~ ASSOCIATES, P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, RUSSELL R. JANSON, M.D., AND DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., intend 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 a ,objection to the ,",poon.. It no objo,t'on i, m.do tho ,u~~ / . ;>e~V'd. D.to, ,;;.A);? II 21/./~, { L MfCHAEL M. BADOWSKI, ESQUIRE Counsel for Defendant, RUSSELL R. JANSON, M.D., AND DORJCO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DOCKET NO. 97-6089 CIVIL TERM DEFENDANTS. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS TO: PENN STATE GEISINGER/MILTON S. HERSHEY MEDICAL CENTER Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records maintained by the Milton s. Hershey Medical Center pertaining to Plaintiffs' Decedent, Diane Whisler, at the offices of BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER, A Professional Corporation, 101 Pine street, Harrisburg, Pennsylvania l7l01. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. It you fail to produce tlle documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compel11nq you to comply with H. ~ This subpoena was issued at the request of: Michael M. Badowski, Esquire Attorney I.D. 32646 BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER A Professional Corporation lOl Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 (717) 236-3200 Attorney for Defendants BY THE COURT: Date: (Seal of the Court) (Prothonotary) - 2 - C~RTIFICATE OF SERVICE I HBREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania first-class postage prepaid, on the liEtlujay of (Ju~ ' , 1999, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By: ~M1~,t1~ S etary CERTIFICATE OF SERVICE I HEREBY CFoRTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United states mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the ~il day of ~/_ , 1999, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER A Professional Corporation By: ;}1f1llt~;Jj{. tJdMtIA- S retary .. ~ ,... (: c ~ ~ r-; ..) .. \t:,r-~ ;J~~ !,)('"; ~ :j~E >>-" ...... ":1 :-=; .-ir. ,;..'>. @~,..: cr. .. ~'1 '1--;.. I ;"2 Eft. -, l.JjiJ ::.:.. :Ull.. ;... -, t) ('.<l ::; V\ U / DEe 2 0 ~\. , ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE _.~;.:IATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E, WHISLER, HIS GUARDIAN, PLAINTIFFS, IJFr. 2 0 ~ IN THE COURT OF cOr~r~OH PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-60B9 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECY.E ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED ORDER AND NOW, this 1,'i'dayof 1>~ , 1999, upon consideration of the Motion to Compel Discovery of Defendants, Russell R, Janson, M.D., and Dorko, Adams, Janson, & Goedecke Associates, P.C" it is hereby ordered that Plaintiffs are given ~ days to respond to the aforesaid discovery. In the event Plaintiffs fail to comply with this Order, Plaintiffs will suffer appropriate sanctions, including, without limitation, the preclusion at trial of any evidence concerning matters covered in the expert discovery, particularly any expert testimony as to the alleged negligence of Defendants, Russell R. Janson, M.D., and Dorko, Adams, Janson, & Goedecke Associates, P.C., and such other sanctions the Court deems to be appropriate. THE CO~fI- tTilQ} /~'.l~'99 1{J<3 BY MICHAEL M, BADOWSJI, BSQUIRE Pa. Suprame Court 1.0. No. 3~646 LAURALIB S. SAKER, BSQUIRI Pa. Supreme Court 1.0. No. 58874 SADOWSJI, SANKO. JROLL, KRONTHAL AND A Prot...ional Corporation 'o.t Ottice 80x 9)~ Herri.burg, '.nnaylvania 11108-09)~ Telephone. [7171 975-8114 lax, [1111 975-8124 II:.Keil. lbbakar..pix.net 8AKER Attornay for Datendant', RUSSELL R. JANSON, M.D., AND DORKO, ADAMS. JANSON' aEODIC.E ASSOCIATI8, P.C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROB~RT E. WHISLER, HIS GUARDIAN, PLAINTIFFS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-60B9 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY OF DEFENDANTS, RUSSELL R. JANSON, M.D., ~DORKO. ADAMS. JANSON & GEODECKE ASSOCIATES. P.C. AND NOW, comes Defendants, Russell R. Janson, M.D., and Dorko, Adams, Janson & Geodecke Associates, P.C. (hereinafter referred to collectively as "Dr. Janson"), by and through their attorneys, Badowski, Banko, Kroll, Kronthal & Baker, A Professional Corporation, and move to compel Plaintiffs, Robert E. Whisler, Individually and as Administrator of the Estate of Diane Whisler, Deceased, and William R. Whisler, A Minor, by Robert E. Whisler, his Guardian ("Plaintiffs"), to provide complete answers to Defendants' interrogatories and requests for production of documents, and aver the following in support thereof: 1. This is medical professional liability action which was commenced by Plaintiffs by way of a Wlit of Summons filed on or about November 3, 1997. A copy of said Writ of Summons is attached hereto, incorporated herein and labeled Exhibit "A." 2. Thereafter, on June 15, 199B, Plaintiffs were served with a Rule To File Complaint within twenty (20) days or suffer judgment non pros. A copy of said Rule is attached hereto, incorporated herein by reference and labeled Exhibit "B." 3. Thereafter, on July 9, 199B, a Notice of Intent to Enter Judgment Non Pros was filed in light of Plaintiffs' failure to respond to the aforesaid Rule to File Complaint. A copy of said Rule to Show Cause is attached hereto, incorporated herein by reference and labeled Exhibit "C." 4. Thereafter, on November 2, 199B, a Judgment of Non Pros was entered by the Prothonotary of Cumberland County. A copy of said Judgment is attached hereto, incorporated herein by referenced and labeled Exhibit "D." 5. In response to the aforesaid Entry of Judgment Non Pros, Plaintiffs filed a Request to Open Judgment, which was granted by the Court. 6, Thereafter, Plaintiffs filed a Complaint in which they generally contend that Dr. Janson was negligent in failing to diagnose Plaintiffs' decedent's fatty liver disease, which developed during the course of her pregnancy. 7. On or about June 12, 199B, Dr. Janson served upon Plaintiffs Expert Interrogatories and Request For production of Documents "expert discovery," as well as interrogatories and requests for production of documents that requested general information concerning the allegations set forth by Plaintiffs. The foregoing discovery is attached hereto, incorporated herein by reference and labeled Exhibit "E" and "F," respectively. B. Part of the discovery served upon Plaintiffs included specific requests for the names and reports of any and all experts whom Plaintiffs intended to call to testify at trial. 9. On April 22, 199B, when Plaintiffs had failed to respond to the foregoing discovery, correspondence was forwarded to Plaintiffs' counsel requesting the provision of responses to the discovery in an effort to avoid litigating the Motion to Compel. A copy of said correspondence is attached hereto, incorporated herein by reference and labeled Exhibit "G." 10. Again, on November 16, 1999, a second letter was forwarded to Plaintiffs' counsel requesting the production of any expert reports and responses to discovery. A copy of said correspondence is attached hereto, incorporated herein by reference and labeled Exhibit "H." 11. To date, more than one year has lapsed without Plaintiffs responding to the expert discovery served upon them. . Moreover, more than two years have passed since the commencement of this action without the service of answers to discovery or an expert report by Plaintiffs. 12. 10, Pa.R.C.P, 4019(a) (1) (J.) provides as follows: The court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. l3, Pa,R,C.P, 4019(c) (2) provides that the court, when acting under Subdivision (al of the foregoing rule, may make: (2) an order refusing to allow th~ disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing into evidence designated documents, things, or testimony, or from introducing evidence of physical or mental condition. 14. In the event Plaintiffs fail to respond to the Court's Order compelling full and complete answers to the aforementioned discovery, Dr, Janson requests Plaintiffs suffer appropriate sanctions, including preclusion at trial of any testimony or reports concerning expert testimony, WHEREFORE, Defendants, Russell R. Janson, M.D., and Dorko, Adams, Janson & Geodecke Associates, P.C., request this Honorable Court to enter an Order compelling Plaintiffs to sufficiently and completely answer the expert discovery, or, upon failure to do so, to suffer appropriate sanctions, including, without limitation, preclusion at trial of any evidence or documents concerning matters covered in the expert discovery, particularly any expert testimony as to the alleged negligence of Defendant. Russell R. Janson, M.D., and Dorko, Adams, Janson & Geodecke Associates, P,C" and such other sanctions does this Court deems to be appropriate. Respectfully submitted, BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER A Professional Corporation Date:~ By, LAURA EE B, EAKER, ESQUIRE P~ orney I.D. #5BB74 Attorneys for Defendants, RUSSELL R. JANSON, M.D., and DORKO, ADAMS, JANSON & GEODECKE ASSOCIATES, P.C. IL P. O. Box 932 Harrisburg, PA 1710B-0932 (717) 975-B114 Exhibit A ....~..-: ,-.".... "C-. - \ \ """''''RD . I... .. .' hL......~ In i __, ,'__'. " . ,~.:~ "nlJ !~! r:;y hlr.d c-::' :;u :>}. ';:: ~....: .,'! : ~ L.:~llsl~, Pa. Ws 3ra CJ'( c: "7'1!1J'nn, 19n?.?. ......nn~tffi. ~. ~~'n~...... f ,'rJt,,; ':'~'Y Commonwealth of Pennsylvania County of Cumberland RJBERT E. WHISLER, an individual: RJBERT E. WHISLER, Mninistr!ltor of the Est!lte of Dianne Whisler, deceased: and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, his Guardian vs. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSa! , GEDDEX:KE ASSCCIATES, P.C. llIld PHYSICIANS FOR 1\QolEN' S HEAL 1ll, P. C. Court 01 Conunoll Pleaa No. .. _.... 97...6llB9. _Chdl_XeJ:m.. __ __ _ __ 19_.._ III _____...CildLAction..._Law..._.__________ To __~~!__..I!~_q~J..~:p_..'-_~_IW?,__~, JANSON , GEOOEX:KE ASSCX:IATES, P.C. and PHYSICIANS FOR Io01rn'S HFAL1ll, P.C. You are hereby notilied that _~~_!~._~_~~~.'__~..~Y..iA~t_~~W1'_~.__~.I_!!~J._~!!l_l7.:~t~_Qf_J;)~_~t{lSJl of15fanne- wfU.Bler, deceased: and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, Ih~~"t;la vecommenced an action in ...c:.i.vil.Action_...Law_____________.___________......_ against you which you .re required to derend or a delault judgment may be entered .pinst you. (StAL) ._La.wrerv::e_E.._Welker._~------- Prothonotary Date _______~_~WJ..______ )9__9] By ..~.m....K.~__ a 2':________ tI Deputy~- OFF!';E 1~ '''!< 5H;:RIFF ~I: ,'r.. :.~ Noy 6 8 06 AM '97 .... ". . ..-.- PE'I'I~ -L"A"" . I '6 I .. f\ I" I . . U ..~ ~ ~ I tIJ!j~ .1 I I , , . '" , Z - 1 .., ~I I ... ij ~'ilQM ~...~~ 0 , . lI'l :l .51 , . 1 i"~!~~ '~J , ~ ... ... f-<I 3i .., ..-l N:P I I 0 f ..-ll ~~..u~ ~..,uo: r ;~ '.... , ~I I ~i81 .~~ .a:f2 " > O..-l , <(.,:(lI'l'" I i ~ .., ~ . 81 "''''00. < I rJrJ~~Ill] III ~~ ,...1 8 '~H a ~I I!f ~~ h~~ rJJ ~l j j $ J~ ~I ]t;fl~ j >, ....., c2:G.il~~ :2 I u, 1 Russell R. Janson, M.D. c/o Physicians Fbr Women's Health, P.C. 1 Lerroyne Square, Suite 201 Lemoyne, PA 17043 I:orko, Mars, Janson & Geodecke Assoc., P.C. c/o Physicians Fbr Women's Health, P.C. 1 Lemoyne Square, Suite 201 Lemoyne, PA 17043 Physicians For Women's Health, P.C. 1 Lemoyne Square, Suite 201 Lemoyne, PA 17043 " Exhibit B MICHAll:L N. BADOWSKI, II:SQUIRII: P., Supr... Cou~t I.D. Woo 321.1 RElCNOLDS , 1IAVA5 A Profa..ional Corpocat10n 101 Una Itr_t po.t Offica loa ~32 Hacr1.bucg, Pannaylvan1. 17108-0832 Talaphona: raa: II:-Mail : (7171 236-3200 17171 231-1813 cayhavhpix.nat ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C" AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. Attocney for Datandant.: RUSSELL R, JMSO)', N.D., AND DOaJtO, ADNU:, JllHSON , GII:ODII:CIaIi AlSOCIATlI, '.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97-6089 C~I~nTE~ f'~ ;:' -., ~:~. : ~~' .. \-~.:"'1 .- ~ . ;" j+l .(') JURY TRIAL DEMANDED., _.,jm ~ . .- .f't . ~ o. .... ~CIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment nWl~. Dace: REYNOLDS & HAVAS A Professional Corporation / , By: . '.- MICHAEL M. BADOWSKI Attorney for Defendants, RUSSELL R. JANSON, M.D., AND DOIUtO, ADAMS, JANSON. GOEDECXE ASSOCIATES, P.C. ROBERT E. WHISLER, INDIVIDUALLY ANtI AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER. A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DOCKET NO. 97.6089 CIVIL TERM DEFENDANTS. JURY TRIAL DEMANDED R U L Ii: TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above. captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non ~. Dated: p~. (. /.s:. /9?? ~~~~ TRUE COpy t~0}A r-ECORD In Testimony whtreof, I here unto set my lid .1Id the seal of said Courl at Carlisle, Pa. thl. ,./-$'."_" day cI ~"-.... 19,~ ...........~""~~J exhibit C DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Telephone: [717] 240.6200 Date: 7~~r By: v/t. . B OWSKI Attorney for Defendants, RUSSELL R. JANSON, M.D., AJD) DOlUtO, ADAMS, JANSON " GOEDECKE ASSOCIATBS, P.C. , , Exhibit 0 ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM ~. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DOCKET NO. 97-6089 C I;llI L "TERfd, ~ ~ -fl ~ ~ '- "T'" ~~ ' , N ~-. : - - ... DEFENDANTS. JURY TRIAL DEMANDED ~ -; ~ JUDGMENT OF NON PROS '0 Upon Praecipe filed by Defendants, Judment Non Pros is hereby entered against Plaintiffs in ~he above-captioned matter for failure ~o file a complain~ in accordance with ~he Rule issued by the Prothonotary of Cumberland County and duly served on Plain~iffs' counsel on June 17, 199B. Date:.kDr,'\\~ d~ '198 /$1 (L'1 t.'\ -P... ~C- pr~thonota~" ~a.. Om&M mm'lc..::...p; ,,""] .oF -.'~ iO . .1 ~") -:~ ;(') -iTl d :-i :i1 -< certification that written notice of Defendant's intention to enter judgment non pros was sent to Plaintiffs' attorney on July 9, 1998. As it appears that Plaintiffs have not filed a complaint in this action, it is hereby requested that you kindly enter a judgment non pros in accordance with Pennsylvania Rule of Civil Procedure :037Ia). Date: /plil REYNOLD~.. ~AS. . A Prol~sicnal,Co~oration . . I I!! 'i/; By: ;. ,,,," I. '1. ..!..- MICHAEL M. BADOWSKI 'Attorney for Defendants - 2 - " " i' ExtlIllt I MICIlAll:L N, BADOWIKI, II:SQUIR& Pa. Supr... couze I,D. No, 321.. KllCNOLDS , 1IAVA5 A Prota..ional Corporation 101 Pina Str..t po.t Ottice Boa 132 Ha~r1.burg, Pann.ylv~a 17108-0832 Telaphona: raa: II:-Mdl: [717] 231-3200 [717] 231-1113 rayhavijepix . nee ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. Attornay to~ DetandAAt.: RUII&LL a, JAHIOM, N.D., AND DORKO, ADAMS, JllHION , lUlODII:CQ AlIOCUftl, ., C, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97-60B9 CIVIL TERM JURY TRIAL DEMANDED REOUEST OP DEFENDANTS. RUSSELL R. JANSON. M.D.. AND DOnO. ADAMS. JANSON & GOEDECXE ASSOCIATES. P.C.. FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS -. FIRST REOUEST TO: PLAINTIFFS and their counsel, Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA lB017 Pursuant to Pa. R.C.P. No. 4009, you are hereby requested to produce the below listed documents and/or items for purposes of discovery. This material will be examined and/or photocopies; photograph negatives will be processed and photographs reproduced. Said doc~~ents or tangible things are to be produced at the offices of REYNOLDS , HAVAS, a Professional Corporation, 101 Pine Street, Post Office Box 932, Harrisburg, Pennsylvania 17108, within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. No. 4007.4: 1. The entire contents of any investigation file or files and any and all documents in Plaintiffs' possession which support or relate to the allegations of Plaintiffs' Complaint (excluding the mental impressions of Plaintiffs' attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and excluding the mental impressions, conclusions or opinions respecting the value or mp.rit of a claim or defense or respecting strategy or tactics of a representative of Plaintiffs, other than their attorney) . 2. Any and all statem~nts concerning this action or its subject matter made by a party or its agents, servants or employees, or by a witness, as defined by Pa. R.C.P. No. 4003.4. 3. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 4. Reports of any and all experts who will testify at trial including any and all "preliminary" reports, and all documents and records reviewed by each expert including al.l correspondence or memoranda. - 2 - 5. The curriculum vitae 0% each and every experc that will be called to testify at trial. 6. Any and all medical records, aucopsy reports, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiffs. 7. Copies of your federal and state income tax returns for the five years immediately preceding the events giving rise to this action and for each year subsequent thereto and all corresponding W-2 forms. 8. All documents or other demonstrative evidence which Plaintiff intends to introduce or use at trial. 9. All documents identified, described, specified or referenced in Plaintiffs' responses to Defendants' Interrogatories -- First Set served upon Plaintiff simultaneously with this Request for Production of Documents. REYNOLDS & HAVAS- A Professional Corporation , , Date: By: MICHAEL M. BADOWSKI Attorney for Defendants. RUSSELL R. JANSON, M.D., DOJlJ:O, ADAMS, JANSON. GOEDECKE ASSOCIATES, P.C. I r ,_ . -.... - '- AHIl - 3 - I 1 CRRTIFICATE OF S~RVIC~ I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, postage prepaid, on the IJ.:tI.....day of . Pennsylvania, first-cIa.. addressed as follows: <~L~ 7 , 1998, and Robert MCAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By: .J/;l (( (~ ..;Ql~. atil. /tL~ 9 cretary . ,.,.......a:: "'-- .... __.. '" .' . , HICHAll:L N. BADOWSKI, II:SQUIRE Pa. Supc... Co~C I.D. No. 32141 REYNOLDS , IIAns A Prof...lonal Corpo~atlon 101 Pi... Itr_t Po.. Oftlca Box 832 Hacc1.burg, P.nn'ylvanl. 17108-0832 T.l.phon.: rax: 1I:-MaJ.l: (717) 2]'-3200 [717) 236-1113 r.yhave.pJ.x.n.t Atto~ney for Detaftdant.: RUU.LL a. JAIlION, N. D., AND DOND, ADAMS, JllHIOX , caoDII:CQ AlSOCIATIII, ..c. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED. AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO, 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED INTEllROGATORIES OF DEFENDANTS. RUSSEL R. JANSON. M.D.. AND DORIO. ADAMS. JANSON. GOEDECKE ASSOCIATES. P.C.. DIRECTED TO BE ANSWERED BY PLAINTIPPS . PIRST SIl'l' TO: PLAINTIFFS and their counsel, Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA lB017 PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, Nos. 4005 and 4006, to serve upon the undersigned within thirty (30) day. from service hereof your answers in writing and under oath to the Interrogatories. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your Answers to said Interrogatories ard the time ot the trial of this case, you or anyone acting in your behalf learns the identity and whereabouts of any other witnesses not identified in your said Answers, or if you obtain or become aware of additional requested information not supplied in your Answers, you shall promptly furnish the same to the undersigned by Supplemental Answers. Date: /' .i_:", REYNOLDS " HAVAS A Profess-ional Corporation / /' I,~ ,.' / l ,i / , I ~: By: '. b , ' MICHAEL M, BADOWSKI Attorney for Defendants, RUSSELL R. JANSON, M.D., DODO, ADAMS, JANSON" GOEDECKE ASSOCIATES, P.C. AND - 2 - DEPINITIONS AND INSTRUCTIONS As used in these Interrogatories, the words and terms as set forth below shall be defined as follows: (a) "You," "your" or "yourself" shall mean and include the answering party or parties, each of said party's representatives, agents, servants, workmen, relatives, employees, attorney, and all other persons acting for or on behalf of the answering party. (b) "Identify" or "identity" when referring to an individual means to state hiS/her: (1) name; (2) present address, if known, or last known address (business and residence); (3) job title, business affiliation or job classification at the time of the events referred to in the Interrogatory Answers; (4) current employer, if known, or last kno~l employer; and (5) telephone number (business and residence) . (c) "Identify" or "identity" when referring to a document or documents means to: (1) state the type of document (~, record, report, :ecter, memoranda, telegram, chart, photo, etc.), its date, its title (if any), its identifying number, a - 3 - generalized summary of the subject matter of the contents of the document, and its present location; and (2) state each person who prepared it, each person for whom it was prepared, the address of each person to whom it was sent, the address of each person who presently has custody of the original or copies thereof. (d) "Identify" or "identity" when referring to a "claim" or "action" :neans to set orth the name of the court where the case, claim or action was filed, the docket number, the year and date when the action was commenced, the names of all claimants (including you), the names of all parties against whom a claim was asserted, the date or dates of the transaction or occurrences which gave rise to the claim, a description of injuries and damages claimed to have accrued, the identity of insurance carrier for the persons or entities against whom all claims or suits were asserted, the outcome of the claim or suit, the amount recovered, from whom, and if no recovery was realized, why not. (e) "Documents" include any written, recorded or graphic matter however produced or reproduced including but not limited to correspondence, telegrams, other written communications, contracts, agreements, notes, reports, records, x-rays, memoranda, photographs, tape recordings or any other writings, including copies of any of the foregoing no~ or at any - 4 . prior time in your (as defined herein) possession, custody or control. (f) "Statement" includes a written statement signed or otherwise adopted or approved by the person making it. It includes the stenographic, mechanical, electrical, or other method of recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (gl "Treatment" means any surgery, examination, diagnosis, therapy or other medical care or attention rendered. (h) "Hl:!alth Care Provider" means physician, dentist. chiropractor, podiatrist, chiropodist, therapist, intern, resident, nurse (RN or LPN), or other person who rendered service to, attended to Qr otherwise assisted in the health care of the Plaintiff. "Health Care Provider" also means hospital, doctor's office, clinic, rehabilitation center, nursing home or any similar facility in which or through which medical, therapeutic, rehabilitative or other services were rendered. (i) "Person" has its customary broad meaning and shall also include any human being, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization or entity. - 5 - (j) "Describe," .specify," and/or "state" shall mean to set forth fully and unambiguously, using professional words ot art, if necessary, each and every fact relevant to the answer called for in the interrogatory of which the answering party or his agents, employees or representatives have knowledge. I N T ERR 0 GAT 0 R I E S 1. Please identify yourself by stating your: (al full name (and other names by which you are or were known); (b) address; (c) date and place of birth; (d) social security number; and (e) Medicare and/or Medicaid numbers. ~ . . Please identify all health care providers, by whom or at which you received treatment for any reason from the date of the incident giving rise to this action to the present time by stating: (a) the name and address of the health care provider; (b) the date of each examination, treatment or surgery; and (c) the nature of the sickness or injury for which you were examined, treated and/or operated ~pon on each such occasion. .7. 3. ~lease identify all health care providers by whom or at which you received treatment for any reason within the ten years preceding the date upon which you became a patie~t of Oefendant(sl by stating: (a) the name and address of the health care provider; (b) the date of each examination, troatment or surgery; and Ie) the nature of the sickness or injury for which you were examined, treated and/or operated upon on each such o~casion. - 8 - 5, As to those witnesses identified by you in the preceding interrogatory, state the substance of the information you know or believe to be held by each of said witnesses. Gi i - 10 - 6. Please identify all expert witnesses retained or employed by plaintiff who you expect to call as a witness to testify at trial and the substance of the facts relied upon and opinions held by each such expert witness. , " - 11 . 9. Completely identify all medical records which you believe tends to support your contentions of liability. " - 14 - 10. State all damages you allege were sustained by you as a result of the alleged negligence or malpractice of Defendant (s) , - 15 - ~l. Identify all documents or compilation of documents which, to date, you, or anyone on your behalf, have in any way procured, considered, reviewed, or prepared in regard to this lawSUit, and regardless of whether you believe any document to be privileged or otherwise not discoverable, completely identify all such documents in accordance with the definitional instructions prefacing these interrogatories, (~: This interrogatory does not seek disclosure of the specific contents of any document. If you believe that any document is not discoverable, please identify the document by general reference to its subject matter and date of preparation). - 16 - State whether ?lalntlffs Aere lnsured by any accldent, ~ealth, medlcal, disabi"lty or other type of lnsurance, elther publlC or prlVate, at the tlme of the incldent. If ~o, name the type of lnsurance, name of company, policy numberlsl, clalm numbers, the reason for and dates and amounts of coverage pr:vlded to Plaintiffs, I 1 I r . 17 . 13. State whether ?lalntiffs have recelved any Workman's Sompensation or insurance for injuries arising out of the lncident. If 50, na~e the Workers Compensation carrier, polici number, claim numbers, the reason for, amounts and dates of such compensation. " - 18 - exhibit G ,. :4. 3tate whether :lalnti::s had any first or third party ~utomobile llaCllity lnsurance coverage at the time of the :ncidenc. I: ~O, state the name of the insurer, as well as the POllCY nu~~er for each level of insurance available, applicable claim numbers, as well as the dates, reasons for and amounts re~overed under the policy. . 19 - :5. State whether Plalntiffs had any insurance coverage available at the t:me of the incldent other than the coverage!s) discussed in Interrogatory Nos, 12-14, If so, identify the name and type of insurer, the policy number, claim numbers and amounts, reasons for and dates of recovery. '., " - 20 - 17. Specifi:ally identify any and all documents relatinq to your answers to Interroqatories Nos. 12-16 and attach the same hereto. / REYNO~k'&'HAVAS . A pr11 ss. tonal-corporation ,', 11''/ ',' , .' I. ,- , ' , I 11 . :1 ' Date: ", " ~ //\ - 22 - CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Harrisburg, Pennsylvania, postage prepaid, on the /1tL day of .l~ ,~ , / first-class , 1998, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) REYNOLDS & HAVAS A Professional Corporation By: ,;(V exhibit H f, BADOWSKI, BANKO. KROll. KRONTHAl AND BAKER ........_L;~ ATTORNEYS AND COUNSELORS AT LAW 3510 TRINOLE ROAD CAMP Hill, PENNSYLVANIA 170lt TELEPHONE 1711J 915-8t ,. F"" 11171 91s.a'l' FIRM E-MAIL. bbkkOOIPllIl net MICHAEL M IIAOOWSK" DIRECT E./MIL; bodowUlO.......' CORRESPOND TO: POST OFFICE BOX 832 HARRISBURG, PA 11108.0832 November 16, 1999 Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 Re: Whisler vs. Janson. at ai. Docket No. 97 CIVIL 6089 Our File No. 4043-1 Dear Mr. McAndrew: As it has been some time now since I last heard from you in regard to this case, I am writing to check on the status of your intentions. I note that you were long ago served with discovery interrogatories together with a companion request for production of documents, the answers and responses to which remain outstanding. I note that these discovery requests included matters relating to the identification of your trial experts and production of your expert reports. If it is your intention to continue pursuit of this case, I ask that you please immediately provide me with complete answers and responses to this discovery so that we can avoid litigating a motion to compel. Sincerely, Michael M. Badowski MMB/na .Ctnilled IS' CI...,JI Tn.. Advocate by thl N.Ibon14 B<wd 0' Tn81 Advocacy A Pennlyt'llma Suptlml Cour1 Accttdlled Aglney CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY on all counsel of record by placing the sam~ in the United States mail at Camp Hill, p.ennsylvania, first-class postage prepaid. on the,/ 7CI'day of I/-C: t'...<-. o.-A..<-<-.. 1999, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 18017 (Counsel for Plaintiff) BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER A Professional Corporation B~ ~ /?L _' ct /~~L- Jo Ann E. Nelson, Secretary 11 I , DEe 2 2 1999 j ( ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINT I FFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW ~ 11 ! VS. DOCKET NO. 97-6089 CIVIL TERM r I RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED ORDER AND NOW, this 25~ day of "J> ( l..wJ,.</ , 1999, upon consideration of the Motion to Compel Discovery of Defendants, Russell R. Janson, M.D., and Dorko, Adams, Janson, & Goedecke Associates, P.C., it is hereby ordered that Plaintiffs are given ~ days to respond to the aforesaid discovery. In the event hl"" Plaintiffs fail to complj' with this Order, Plaintiffs w-H-i suffer appropriate sanctions, including, without limitation, the preclusion at trial of any evidence concerning matters covered in the expert discovery, particularly any expert testimony as to the alleged negligence of Defendants, Russell R. Janson, M.D., and Dorko, Adams, Janson, & Goedecke Associates, P.C., and such other sanctions the Court deems to be appropriate. BY THE COURT:. / ~ /11/t- /~ .IlniJJ / J.-,J.g-99 RJ{.S J. , >- ( -; "I ,,:.: , - /) , 1 i " , - ('- ; (-. .. \'; l::, , f ,I L. . HICHAEL H. BADOWSKI, ESQUIRE P.. Suprama Court 1.0. No. 3~646 LAURALEI B. BAKIR, ISQUIRI P.. Suprama Court 1.0. No. 5BB74 BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER A Prof...lanai Corporation poat Offlea Box 93~ Harrlaburg, Pannaylvanl. 171DB-093~ Talaphona, [7171 975-8114 Pax. [717] 975-81H B-H.l1. Ibb.kar~aplx.nat Attornay for Dafandanta, RUSSELL R, JANSON, M.D" AND DORKO, ADAMS, JANSON. GEODECKB ASSOCIATES, P,C, ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO, 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY OF DEFENDANTS, RUSSELL R. JANSON, M.D., AND DORKO. ADAMS. JANSON & GEODECKE ASSOCIATES. P.C. AND NOW, comes Defendants, Russell R. Janson, M.D., and Dorko, Adams, Janson & Geodecke Associates, P.C. (hereinafter referred to collectively as "Dr. Janson"), by and through their attorneys, Badowski, Banko, Kroll, Kronthal & Baker, A Professional Corporation, and move to compel Plaintiffs, Robert E. Whisler, Individually and as Administrator of the Estate of Diane Whisler, Deceased, and William R. Whisler, A Minor, by Robert E. Whisler, his Guardian ("Plaintiffs"), to provide complete answers to Defendantu' illte~~ogatories and requests for production of documents, and aver the following in support thereof: 1. This is medical professional liability action which was commenced by Plaintiffs by way of a Writ of Summons filed on or about November 3, 1997. A copy of said writ of Summons is attached hereto, incorporated herein and labeled Exhibit "A." 2, Thereafter, on June 15, 1998, Plaintiffs were served with a Rule To File Complaint within twenty (20) days or suffer judgment non pros. A copy of said Rule is attached hereto, incorporated herein by reference and labeled Exhibit "B." 3. Thereafter, on July 9, 1998, a Notice of Intent to Enter Judgment Non Pros was filed in light of Plaintiffs' failure to respord to the aforesaid Rule to File Complaint. A copy of said Rule to Show Cause is attached hereto, incorporated herein by reference and labeled Exhibit "C." 4. Thereafter, on November 2, 1998, a Judgment of Non Pros was entered by the Prothonotary of Cumberland County. A copy of said Judgment is attached hereto, incorporated herein by referenced and labeled Exhibit "D." 5. In response to the aforesaid Entry of Judgment Non Pros, Plaintiffs filed a Request to Open Judgment, which was granted by the Court. 6. Thereafter, Plaintiffs filed a Complaint in which they generally contend that Dr. Janson was negligent in failing to diagnose Plaintiffs' decedent's fatty liver disease, which developed during the course of her pregnancy. 7. On or about June 12, 1998, Dr. Janson served upon Plaintiffs Expert Interrogatories and Request For production of Documents "expert discovery," as well as interrogatories and requests for production of documents that requested general information concerning the allegations set forth by Plaintiffs. The foregoing discovery is attached hereto, incorporated herein by reference and labeled Exhibit "E" and "F," respectively. 8. Part of the discovery served upon Plaintiffs included specific requests for the names and reports of any and all experts whom Plaintiffs intended to call to testify at trial. 9. On April 22, 1998, when Plaintiffs had failed to respond to the foregoing discovery, correspondence was forwarded to Plaintiffs' counsel requesting the provision of responses to the discovery in an effort to avoid litigating the Motion to Compel. A copy of said correspondence is attached hereto, incorporated herein by reference and labeled Exhibit "G." 10. Again, on November 16, 1999, a second letter was forwarded to Plaintiffs' counsel requesting the production of any expert reports and responses to discovery. A copy of said correspondence is attached hereto, incorporated herein by reference and labeled Exhibit "H." 11. To date, more than one year has lapsed without Plaintiffs responding to the expert discovery served upon them. Exhibit A . . I c. "~ -. _____-,..,,~ _..,;;..... , . . ' .,.-..~ -.,.... ....-'\ "r....'...R~ . I' . . I.. hL......,; ;,,; In T _ ,:'1' '~'" ~. " . ;: ... [Into !~t r,iy hJr,d \:'",: :liJ ::':;, I.. : .....:.. '! : ~ C.:~lisll}, Pu. TCh jra C)'{ c: '71:.-tJ. q,,' 19.9..? """.,,<-/Jb.tnt r ~~,.~""" f ,'r,)1:1:":liiY Commonwealth of Pennsylvania County of Cumberland R:>BERT E. WHISLER, IlIl individual; R:>BERT E. WHISLER, Administrator of the Estate of Dianne Whisler, deceased; and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler. his Guardian vs. RUSSELL R. JANSON, M. D. , IXlRKO, ADIIMS, JANSCtI , GEDDEX:KE ASSOCIATES, P.C. and PHYSICIANS FOR I'OoIEN'S HEALnl, P.C. Coun 01 Conunon Plw ND. __.uu91~60B!l.Ciill.XeIlll_____.u 19._00 III .. __... .Ci..u.LAction_-=_ Law.._ uu________ To u~_~kJ!...~m~J..l:!:P..._'__!P_f!l$QJu~, JANSON , GEODEX:KE ASSOCIATES, P.C. and PHYSICIANS FOR \01E}/'S HEALTH, P.C. You are hereby notified that .OO.!ERTr_u~~,~r~.I..~~..._~!l__~~ X~gY.!'At. !!1.~~.~._.~.I_~~~-,-_~lJ!!l.tJ;:~!:9_X:.Qf__t;,~. f.lit{lj,!!l ot~u lIMe. "<asler, deceased: and WILLIAM R. WHISLER, a Minor, by Robert E. Whisler, ~llpP.Pn~!lf;1a vecommenced an Iction in _.Civil_Ac.tion._-=.Law_u_uu_u.n______uu______u again.t you which you are required to deCend or a deCault judgment may be entered apinst you, (SEAL) .. Lawrence_E.._Welker4. ..l!I:othccatar.- ---.-- Prathonotal)' Date _._____~_~WJ_.._..__ 19__91 By ._~n:L__K.~_. (].,/.":u_______ tI Depuly~' OfF:';F. ~~ ...." ^,H:IlIFF r.1: q., ..~ Hov 6 B 06 AN '97 PE"'I' l "A"'A " I :: I . 1\1 H ~j . U . ~ l>. . J I I I I !lj!J~ . , I I . , E I - , <"l I I ! .... I I i ~ .... III 0 I m, ij ~ 10.... ~ ~_ , . III 021 ! .51 I . , ..~~~~ 'i;~ , I-< .... .... ~i .., .... '.. , ;:1 0 N... I ~~...'tllll i..,uo: I f~ ;-'i f cncn H . ,I > 0.... 10 ~I I ii81~ic.J ..., '~fil , <~~....~ 81 I ii;jjJ iiu 8 aoQ < ,..I . I ... ~ ~I ..., ...~.. en ;t! ~ $ f.... ~I j....:<Jo i '''I c2~~~~8 ~ I U, I , Russell R. Janson, M.D. c/o Physicians Fbr WOmen's Health. P.C. 1 Lemoyne Square. Suite 201 Lemoyne, PA 17043 D:lrko, Mare, Janson & Geodecke Assoc., P.C. c/o Physicians Fbr WOmen's Health, P.C. 1 Lemoyne Square, Suite 201 Lerroyne, PA 17043 Physicians For Women's Health. P.C. 1 Lemoyne Square, Suite 201 Lemoyne, PA i7043 " exhibit B MICHAEL M, BADOWSKI, ESQUIRE 'e, 'upc... Couct 1.0. No. ]2'" REYNOLD' , IlAVAS A 'eofeaaionel Cocpocation 101 .ine SteNt 'oat Office 10. g32 Heeciabuc9, 'ennaylvanie 11101-0g32 Telephone: r...: E-Mail : (111 J 236-3200 (1111 23'-68'3 eeyhev~epi..net ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E, WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P,C. , DEFENDANTS. Attoen.y fo~ Defendant.: IlUlazL:. II. JlUIION, M.D., AHD DOIlJlO. ADAM!:, JAKION , GJ:ODECIlIl ASSOCIAnl, '.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97.6089 CWII."TE~ C,; OJ ~;1 ..- '_. :.1 ~-".,... >;:7'1 .- r ....". -i 23 ~~~ ..." ;0 _ ,j fTl .~ :;::, -< :. : JURY TRIAL DEMANDED. PRAECIPE POR RULE TO PILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment ncn~. Date: REYNOLDS & HAVAS A Professional Corporation ! By: ,1,_ MICHAEL M. BADOWSKI Attorney for Defendants, ROSSELL a. JANSON, M.D., AND DOR.l:O, ADAMS, JANSON " GOBDECIB ASSOCIATES, P.C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR. BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. RUSSELL R, JANSON, M.D., DORK~, ADAMS, JANSON & GOEDECKE ASSOCIATES, P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DOCKET NO. 97-6089 CIVIL TERM DEFENDANTS. JURY TRIAL DEMANDED R U L II: TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above. captioned matter within twenty (20) days of service of this Rule against you or suffer judgment UQO ~. Dated: .fk--'f.. /.s:. J??? ?'~~~ TRUE COr>V FROM ~EcnRD In Testimony wh,r:of, I hue unlD set my hand end Ihe seal of said (ourl al (a;lisle, Pa. 'tllil./.$H;H day of 'pn-~..,. 19~ ..,,,.,,,,.~....,.k':,,~..~_ ProthOllOtasy exhibit C DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Telephone: [717) 240-6200 7h)r By: Date: exhibit 0 ,) RoeERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIk~ R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, VS. RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES. P. C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO. 97-6089 C~IL.XE~ r: ~ 'r, .., ~ ',~ .,~ '-:J ._/:-, Y. - --. - ;~ , (') JURY TRIAL DEMANDED ~':~ . ;0'" '. .. ~ ::J -.. \0 -< .,.,. ~~. I N ~-:~ : JUDGMENT OP NON PROS Upon Praecipe filed by Defendants, Judment Non Pros is hereby entered against Plaintiffs in the above-captioned matter for failure to file a complaint in accordance with the Rule issued by the Prothonot~ry of Cumberland County and duly served on Plaintiffs' counsel on June 17, 1998. Date:_Nu~H"\ \Y\ d~ IcN8 /St (L " t-...." .:<. h",o_ prothonota~" '->-~o.. .Dv'>1&1.Qmm1~ c; - l ,") -' " '. ! :'"' I ., ''J I ) ,(:) : Ii ;", ,- .,' , ., ~ e/1 ~ HIC:H.Ut. M, IIAIlOWIKI. &lQUINl Pa. Supc... C:ouc~ I.D. No. 326.6 IlJ:lCIIOLDI , HAVAS A Pcot...lonal C:ocpoca~lon 101 Pin.. stc_~ Po.~ Ottic. Bo. i32 Kaccl.bucg, P.nn.ylvanla 1710B-0932 , - T.lephon. : Fax: I-Mail : [7171 236-32DO [717J 236-6863 ceyhavG.pi.. ne~ A~tocn.y toc D.t.ndant.: RUSlIt.I. R. JAHION, M.D., AND DOaJlO, AIlAMS, .TAIllON , Cl&ODICIlII UIOCIA9S, .. c:. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A ~INOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDnMli!N'1' NON PROS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 10371al TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: On June 15, 1998, a Rule was issued upon Plaintiff to file a complaint in the above-captioned action which was served upon Plaintiffs' attorney on June 17, 1998. Thereafter, upon Plaintiffs' failure to file a complaint within twenty (20) days as directed by the Rule, Plaintiffs' attorney was served with Defendant's ten-day Notice of Intent to Enter Judgment Non Pros. In this regard, in accordance with Pennsylvania Rule of Civil Procedure No. 237.1(2), attached hereto is defense counsel's Exhibit E -- .. ~ , MICHAZL M. IADOWIXI, IIQUI~ 'e. lupc... Couct I,D, No, 321" ~YNOUlI , HAVAS A 'coteaaionel Cocporetion 101 Una Itc_t 'oat ottice 80. 832 Hecciabuc9, 'ennaylvanie 111DI-0'32 Telephone: rXJC: I-Mail : [111J 231-3200 [111J 231-6113 ceyhevhpi..net Attocney toc Detendanta: IIU..ELL II. JAIlION, M. D., AIlD DOI\llO, ADAMI, JANION , GEODECKI AlIOCtATEl, '.C. ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-6089 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED REQUEST OP DEPENDANTS. RUSSELL R. JANSON. M.D.. AND DORltO. ADAMS. JANSON & GQEDECXE ASSOCIATES. P.C.. FOR PRODUCTION OF DOCUMENTS DIRECTED TQ PLAINTIFPS -- PIRST REOUEST TO: PLAINTIFFS and their counsel, Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA IB017 Pursuant to Pa. R.C.P. No. 4009, you are hereby requested to produce the below listed documents and/or items for purposes of discovery. This material will be examined and/or photocopies; photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of REYNOLDS & HAVAS, a Professional Corporation, 101 Pine Street, Post Office Box 932, Harrisburg, Pennsylvania 17108, within thir.ty (30) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. No. 4007.4: 1. The entire contents of any investigation file or files and any and all documents in Plaintiffs' possession which support or relate to the allegations of Plaintiffs' Complaint (excluding the mental impressions of Plaintiffs' attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and excluding the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics of a representative of Plaintiffs, other than their attorney) . 2. Any and all statements concerning this action or its subject matter made by a party or its agents, servants or employees, or by a witness. as defined by Pa. R,C.P. No. 4003.4. 3. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 4. Reports of any and all experts who will testify at trial including any and all "preliminary" reports. and all docum~nts and records reviewed by each expert including all correspondence or memoranda. - 2 . 5. The c~rriculum vitae of each and every expert that will be called to testify at trial. 6. Any and all medical records, autopsy reports, physician's reports and bills, hospital records or abstracts of same which rslate in any way to the injuries allegedly sustained by Plaintiffs. 7. Copies of your federal and state income tax ret~rns for the five years immediately preceding the events giving rise to this action and for each year subsequent thereto and all corresponding W-2 forms. A. All documents or other demonstrative evidence which Plaintiff intends to introduce or use at trial. 9. All documents identified, described, specified or referenced in Plaintiffs' responses to Defendants' Interrogatories -- First Set served upon Plaintiff Bimultaneo~sly with this Request for production of Documents. REYNOLDS .. HAVAS_ A Professional Corporation ! By: MICHAEL M. BADOWSKI Attorney for Defendants, RUSSBLL R. JANSON, M.D., DODO, ADAMS, JANSON .. GOEDBCKB ASSOCIATES, P.C. ! I.. Date: , , AND - 3 - ExhIbIl F MICHAEL H, BADOWSKI, ESQUI~ 'a. Sup~... Cou~t I,D, No. 32'.' IlJ:YlIDLDS , HAVAS A Prof...1onal Corpo~.t1on lDl 'In. IU_t .oat Offlce 80x 832 Harrlsbu~q. 'ennaylvanla 171DI-0832 Telephone: ra.x: E-Hall : 171 71 231-32DO [71 71 231-1"3 ~eyhavaeplx,net Attoeney foe Defendants: IIUSIliLL 1\. JlUlSON, H.D., AJlD DOIUlO, ADAMS, JlUlSON , ClEODECKJ: ASSOCIA'fJ:S, .. C. ROBERT E. WHISLER, INDIVI~UALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLER, HIS GUARDIAN, PLAINTIFFS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 97-60B9 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS. RUSSEL R. JANSON. M.D.. AND DORKO. ADAMS. JANSON & GOEDECXE ASSOCIATES. P.C.. DIRECTED TO BE ANSWERED BY PLAINTIFFS - FIRST SET TO: PLAINTIFFS and their counsel, Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA lB017 PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, Nos. 4005 and 4006, to serve upon the undersigned within thirty (30) days from service hereof your answers in writing and under oath to the Interrogatories. DEP7H7TIONS AND INSTRUCT70NS As used in these Interrogatories, the words and terms as set forth below shall be defined as follows: (a) "You," "your" or "yourself" shall mean and include the answering party or parties, each of said party's representatives, agents, servants, workmen, relatives, employees, attorney, and all other persons acting for or on behalf of the answering party. (b) "Identify" or "identity" when referring to an individual means to state his/her: (1) name; (2) present address, if known, or last known address (business and residence); (3) job title, business affiliation or job classification at the time of the events referred to in the Interrogatory Answers; (4) current employer, if known, or last known employer; and (5) telephone number (business and residence). (c) "Identify" or "identity" when referring to a document or documents means to: (1) state the type of document (~, record, report, letter, memoranda, telegram, chart, photo, etc.), its date, its title (if any), its identifying number, a - 3 - generalized summary of the subject matter of the contents of the document, and its present location; and (2) state each person who prepared it, each person for whom it was prepared, the address of each person to whom it was sent, the address of each person who presently has custody of the original or copies thereof. (d) "Identify" or "identity" when referring to a "claim" or "action" means to set orth the name of the court where the case, claim or action was filed, the docket number, the year and date when the action was commenced, the names of all claimants (including you), the names of all parties against whom a claim was asserted, the date or dates of the transaction or occurrences which gave rise to the claim, a description of injuries and damages claimed to have accrued, the identity of insurance carrier for the persons or entities against whom all claims or suits were asserted, the outcome of the claim or suit, the amount recovered, from whom, and if no recovery was realized, why not, (e) "Documents" include any written, recorded or graphic matter however produced or reproduced including but not limited to correspondence, telegrams, other written communications, contracts, agreements, notes, reports, records, x-rays, memoranda, photographs, tape recordings or any other writings, including copies of any of the foregoing now or at any - 4 - prior time in your (as defined herein) possession, custody or control. (f) "Statement" includes a written statement signed or otherwise adopted or approved by the person making it. It includes the stenographic, mechanical, electrical, or other method of recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (g) "Treatment" means any surgery, examination, diagnosis, therapy or other medical care or attention rendered, (h) "Health Care Provider" means physician. dentist, chiropractor, podiatrist, chiropodist, therapist, intern, resident, nurse (RN or LPN), or other person who rendered service to, attended to or otherwise assisted in the health care of the Plaintiff. "Health Care Provider" also means hospital, doctor's office, clinic, rehabilitation center, nursing home or any similar facility in which or through which medical, therapeutic, rehabilitative or other services were rendered. (i) "Person" has its customary broad meaning and shall also include any human being, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization or entity. - 5 - (j) "Describe," "specify," and/or "state" shall mean t P. i ~ i . to set forth fully and unambiguously, using professional words of art, if necessary, each and every fact relevant to the answer called for in the interrogatory of which the answering party or his agents, employees or representatives have knowledge. I N T ERR 0 GAT 0 R I E S 1. Please identify yourself by stating your: (a) full name (and other names by which you are or were known) ; (b) address; (c) date and place of birth; (d) social security number; and (e) Medicare and/or Medicaid numbers. \1,: - 6 - 3. Please identify all health care providers by whom or at which you received treatment for any reason within the ten years preceding the date upon which you became a patient of Oefendant(s) by stating: (a) the name and address of the health care provider; (b) the date of each examination, treatment or surgery; and (c) the nature of the sickness or injury for which you were examined, treated and/or operated upon on each such occasion. ~.: - 8 - 4. Please identify: (a) All non-expert witnesses who you know or believe witnessed all or any part of the trp.atment upon which this action is based or who were present or near the scene of the treatment upon which this action is based and had knowledge of injuries you claim to have resulted from said treatment by stating: (i) (ii) (iii) their name; their address; their location at the time of said treatment. (b) All other witnesses who you know or believe to have any information regarding your claims of negligence against Defendant and your claims of damages by stating: (i) their name; (ii) their addresses and telephone numbers. (c) All individuals with whom you at any time discussed the facts and circumstances upon which this action is based by stating: (i) their names; (ii) their addresses and telephone numbers, - 9 - B. State your contentions as to the liability of each Defendant as set forth in the Complaint as well as the specific facts known to you upon which such contentions of negligence or malpractice are based, - 13 . 9. Completely identity all medical records which you believe tends to support your contentions ot liability. - 14 - 10. State all damages you allege were sustained by you as a result of the alleged negligence or malpractice of Defendant Is) , - 15 - :2. State woether Plaintif~s were insured by any accident, health, medical, disability or other type of insurance, either public or private, at the :ime of the incident. If so, name the type of insurance, nanle of company, policy number(s), claim numbers, the reason for and dates and amounts of coveraqe provided to Plaintiffs, - 17 - 13. State whether Plaintiffs have received any Workman's Compensation or insurance for injuries arising out of the incident. If so, name the Workers Compensation carrier, poli:, number, claim numbers, the reason for, amounts and dates of such compensation. " - 18 - :4. 3tate whether :laintiffs had any first or third party automobile liability insurance coveraqe at the time of the incident. If so, state the name of the insurer, as well as the policy number for each level of insurance available, applicable claim numbers, as well as the dates, reasons for and amounts recovered under the policy. - 19 - "0. Specifically identify and cemize any and all out-or-pocket expenses, if any, Plaintif s expended as a result of the incident. . 21 - 17. Specif:cally ldentify any and all documents relatinq to your answers to Interroqatories Nos. 12-16 and attach the same hereto, / REYNO~k'&'HAVAS , A Pr17 sstonal'Corporation ,', /1" / " . " I. ' . . , , ,/ . :1 ' Date: ", ~ '/ /1\ - 22 . Exhlblt 0 .' ' " .._--~- " .. - : R JAMES REYNOLDS, JR JOHN HAVAS MICHAEL M. BADOWSKI .. STEPHEN L. BANKO, JR." ROLF E, KROLL BARRY A, KRONTHAL LAURALEE B. BAKER MICHELE J. THORP REYNOLDS & HAVAS ... MJlIUlC:lHAt. CClRPQRAIIOH AnORNEYS AND COUNSELORS AT LAW t01 PINE STREET POST OFFICE BOX 932 HARRISBURG, PENNSYlVANIA 11108.0832 TELEPHONE (1I11238-32OlI F"" (11112_3 E-MAIL rtyhovOopbl,no, April 22, 199B Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 1B017 Re: Whisler vs. Janson, et ai. Docket No. 97 CIVIL 60B9 R&H File No. 4043-1 Dear Mr. McAndrew: On June 11, 199B, you were served with my client's discovery interrogatories and companion request for production of documents. Insofar as I have not yet received any answers or responses to this discovery, I am writing to request that you immediately provide me with your client's responses so that we can avoid litigating a motion to compel. I look forwar.d to hearing from you shortly in this regard. Sincerely, Michael M. Badowski MMB/na .~...CMlrJi..~o.,lN~""4..r,.....hOC_., ".........""_$o.IpI_O':"""Awilll_~ Exhibit H "..'.."'...,'-.......,,, ,-..:<' ." BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER .........--..c...tIIOII_ AnORNEvS AND COUNSELORS AT LAW 3510 TRINOLE AOAD CAMP HILL, PENNSYLVANIA 17011 TELEPHONE 11I11915.8t14 F"" 11171975.8'2' FIRM E.MAIL. bbkkbQepil.ne' MICHAEL M IlAllOWSKI' DIRECT E.MAlL, bodowUlOll""'" CORRESPOND TO: POST OFF'CE BOX 932 HARRISBURG, PA 111_32 November 16, 1999 Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 1B017 Re: Whisler vs. Janson, at ai. Docket No, 97 CIVIL 60B9 Our File No. 4043-1 Dear Mr. McAndrew: As it has been some time now since I last heard from you in regard to this case, I am writing to check on the status of your intentions. I note that you were long ago served with discovery interrogatories together with a companion request for production of documents, the answers and responses to which remain outstanding. I note that these discovery requests included matters relating to the identification of your trial experts and production of your expert reports. If it is your intention to continue pursuit of this case, I ask that you please immediately provide me with complete answers and responses to this discovery so that we can avoid litigating a motion to cQmpel. Sincerely, Michael M. Badowski MMB/na .Cerbfllld... Civd TN' ~ by the Nationa Board 01 TrnU Advocacy A Penntylvan1a Su~.me Court Acc1edlled Agency .. , MICHAEL M. BADOWSKI. ESQUIRE fa. Suprema Court 1.0. No. 32646 BADOWSKI. BANXO, KROLL, KROh~HAL AND BAKER A prot...ional Corporation Poet Office Box 931 Harriaburg. Penneylvania 17108-0931 Telephone. 17l7J 975-8114 Fax. 17l7J 975-8114 a-Mail. badowlkiaepix.ne" ADAMS, Attorney for Defendant.. RussaLL R. JANSON, M.O" AND DORKO, JANSOH . GaODICKa ASSOCIATaS, P.C. --_._-------_..._-~_..._-_._-_._--_._--- ~._- ._--_._~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW ROBERT E. WHISLER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DIANE WHISLER, DECEASED, AND WILLIAM R. WHISLER, A MINOR, BY ROBERT E. WHISLE~, HIS GUARDIAN, PLAINTI FFS, VS. DOCKET NO. 97-60B9 CIVIL TERM RUSSELL R. JANSON, M.D., DORKO, ADAMS. JANSON & GOEDECKE ASSOCIATES, P.C., AND PHYSICIANS FOR WOMEN'S HEALTH, P.C. , DEFENDANTS. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly file of record the attached Certificate of Service of the ORDER executed on December 23, 1999, entered by the Prothonotary on December 28, 1999 and served on the date reflected in the attached Certificate of Service. Date: /1/~dlrf' BADOWSKI, BANKO, KROLL, A ~~~:~ilU By: MI HAEL M. BADOWSKI Attorney for Defendants, RUSSELL R. JANSON, M.D., DORKO, ADAMS, JANSON " GOEDECKE ASSOCIATES, P.C. AND , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, postage prepaid, on the~' r,1 day of Pennsylvania, first-class 1 ~L~,~~( ,1999, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 1B017 (Counsel for Plaintiff) BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER A Professional Corporation Q ~ ~ ~ / 0 Ann E. Nelson, Secretary .:t CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the ORDER executed on December 23, 1999 and entered by the Prothonotary of Cumberland County, Pennsylvania, on December 2B, 1999, in the foregoing action, upon all parties of record or their counsel by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 0(.' /t day of ~,J....L-'" 1999, and addressed as follows: Robert McAndrew, Jr., Esquire 2547 East Avenue Bethlehem, PA 1B017 (Counsel for Plaintiff) BADOWSKI, BANKO, KROLL, KRONTHAL AND BAKER A Professional Corporation /) /7 7.)/ {/- - /J. B o Ann E. Nelson, Secretary / " "" \ '1 ,) ';{: , , ,-, , .~-, ": . , , i i\ \ ~} .! '"-.l ;, C..) ~ I i -..-. " " n r; -of;'; rnfj\ ;:::-1; :<:! ~.-. r::: <::> <::> n , <... ~- "-, O. ..." ,', ; ...:~ . i~ ..>-A f.~ ::"j -< r:;> I, ~. 'I .-1 :,::J ~