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DOTTY N. PRICE und EMMETT
W. PRICE. h~r hllsbund,
I'lainlilI~
IN TIlE COURT OF COMMON PLEAS OF
CUMIWRLAND COlJNTY.PENNSYl.V ANIA
97-6253 CIVIL
vs.
"
CIVIL ACTION. LA W
STEVEN B. CHERRY, M.D.. und
CARLISLE WOMEN'S CARE,
P.C..
JURY TRIAL DEMANDED
Dcf~ndants
IN RE: DEFENDANTS' MOTION FOR SANCTIONS
Q.lWER
AND NOW, this
1'1 t day of April. 2000, a brid' argum~nt on the above
captioncd mall~r is set/Ill' Thursday, April 27, 2000, ut3:00 p,m, in Courtroom Number 4,
Cumbcrland Counly Courthousc, Carli sic, PAr
BY THE COURT,
Mr. and Mrs. Emmell W, Pricc
Plaintiffs
~'-~
~nrA, Hess, J.
~~i~~
L\'/~~
Pctcr J. Curry, Esquire
For thc Dcfcndants
:r1m
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THOMAS, THOMAS & lIAFER, LLI'
By: P~t~r J, Cllrry, E~'lfl/lr~
IDE'NTIFlCA TION NO, /6622
3(}.f N,lr(f, FrlllIf Str~~t
P. 0, 81/.~ 999
IlarrlrbllrN,p,j /7/08
(7/7) 2JJ-7637
AIII/mey fllr D~f.'nt/alll.r
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
: CIVIL ACTION - LA W
v.
: NO. 97-6253 CIVIL TERM
STEVEN D. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C.,
Defendanls : JURY TRIAL DEMANDED
OIWIm
AND NOW, this
day of
, 2000, inasmuch us
Plaintiffs have failed 10 respond to Defcndants' Expert Interrogatorlcs, Defendants' Motion to
Compel, or the Order of this Court dated FebnlUry 24, 2000. it is hereby ORDERED and
DECREED that at the time of trial, the Pluintiffs will be precluded from introducing any
evidence or testimony, including cxpcrt tcstimony, which either directly or by reasonable
inference pertains to thc informalion which had been requested by Defendants and which the
Plaintiffs have failed to produce in accordancc with Ihe applicable Pennsylvania Rules of Civil
Procedure, as well as Ihe Order of this Court dated Fcbruary 24, 2000.
DY THE COURT,
J,
THOMAS, THOMAS & HAFER, LLP
By: Peter J, C"rry, Esqu/re
IDEN71F/CATJON NO, /11622
305 N"rt" Front Street
P. O. B".~ 999
/lorr/.I'burN, PA /7 WH
(7/7) 255.7637
Attorney filr Dejlrl/l/II/It,f
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
IN HIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LA W
v,
NO. 97-6253 CIVIL TERM
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C.,
Defendants
JURY TRIAL DEMANDED
MOTION FOR SANCTIONS
OF DEFENDANTS STEVEN B. CHERRY, M.D"llnd
CARLISLE WOMEN'S CAlm. P.C.
AND NOW, come the Defendants, Steven 13. Cherry, M.D., and Carlisle Women's Care,
P.C., by and Ihrough their attorneys. Thomas, Thomas & Haler, LLP, to move Ihis Honorable Court
for Ihe institution of sanctions against the PluintilTs based upon the following:
I. This action was initiated by COlnpluint on or about November 6, 1997.
2. Interrogatories, whieh included "expert" Interrogatories, were served on Plaintiffs and
their counsel on or ubout January 28, 1998.
3. Plaintiffs' cOlll1sel, Angina & Rovner, P.C., filed (\ Motion to Withdraw as Counsel
on or about June 29, 1999. Said Motion was granted by this Honorable Court on September 16,
1999.
4, To date, Pllllntlt'l:~ huve not obtained new counsel.
, 5, Defendants l1Ied u Motion to Compel answers 10 Expert Inlerrogalorles on or about
January 20, 2000,
6, On Junuary 24, 2000, the 1I0noruble Kevin A. lIess issued u Rule to show cause why
Defendanls' Motion should nol be grunted. (Svl! Judge Iless' Rule attuched herelll as Exhibit "A",)
7. There wus no respoase to Judge I less' Rule uad Dci'endanls were compelled 10 file a
Petition to Muke Rule Absolute on February 18, 2000.
8. On February 24, 2000, the Honoruble Kevin A. Iless issued un Order directing
Plaintiffs to completely answer Defendants' Expert Interrogatories within 30 days or suITer the
imposition ofsuncllons. (SI!I! Judge Hess' Order attached herctoas Exhibit "0".)
9. To date, Phlintiffs have tililed 10 respond to Defendants' Experl Interrogatories in
compliance with the Pennsylvania Rules of Civil Procedure and Judge Hess' Order of February 24,
2000. In fact, Defendants attempted to serve Plaintiffs with Judge Hess' Order. and it was returned as
"unclaimed". (Sel! Exhibit "C".)
WHEREFORE, Defendants respectfully request that Plaintiffs be precluded from introducing
any evidence or lestlmony, Including expert testimony. at the time of trial, which either directly or by
reasonable inference pertains to the Informution which Plaintiffs have failed 10 produce in response
to Defendants' Expert Interrogatories.
Respectfully submitted.
TnOMAS:;J1' lOMAS & J.lAFER, LLP
I "
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PETER J, ,9URRY, ES<).l!!ftE
~tto~ney for De~'cnda~erry and
Carhsli Women s Care, I .c.
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JAN 2 1 200~
(~
DOTTY N, PRICE WId EMMET!' W,
PRICE, her hushand,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
.
: CIVIL ACTION - LA W
v,
,
,
: NO. 97-6253 CIVIL TERM
STEVEN B. CHERRY, M.D" and
CARLISLE WOMEN'S CARE, P.C ,
Defendants
. ,
: JURY TRIAL DEMANDED
RULE
AND NOW this _ f{ J/fh day of , 2000, upon
consideration of the within Motion of Defendants, a Rule is reby issued upon the Plaintiffs to
show cause why the relief requested should not be granted.
Rule returnable :<. Cl days after service hereof.
BY THE COURT,
/#-~H~) 51 -IJ/l/l)
J.
TW~ CI');'V \~::~H rl:CCRD
In Tc:.I;/ll,.'r1'/ '..', r .,,(. ! h rt }r,I,) set my hand
nd the seal of s,~id CO'JrI - Cdrlisle, Pa,
lT8 h1g~"LY 0 ~'h~i;;Yifpf
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C)'J tY
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TIlOMAS, TIlOMI.S .~ IIAI"EH, I.LI)
Ily: I'eler J, C/lrry, Bsq/llre
/Db'NTIFlel' TION NO, IM22
.IllS Nllrlll Fml/l Streel
1', O. nll.~ 999
I/(/rrl.l'h'lrll. I'll 17111S
(717) 255-76.17
Alltl",cy fllr Defcl/llllnt.v
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
Plaintiffs
v.
FEB 2 3 200~~
'-
: IN THE COURT Of COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -. LA W
: NO. 97-6253 CIVIL TERM
STEVEN 13. CIlERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C.,
Defendants : JURY TRIAL DEMANDED
OImElt
AND NOW, this .2~+A day Of_~IIf1AJ/ ,2000, upon consideration of
the allae~ed Petition to Make Rule Absolute this Court's Rule to SholV Cause of January 24,
2000, it is hereby ORDERED that said Rule is made absolute and Plaintiffs arc hereby
ORDERED 10 completely answer Defendants' Expert Interrogatories within thirty (30) days from
the date of this Order or suffer the imposition of sanctions pursuant to the Pa. R.C.P. 4019.
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BY TIlE COURT,
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FENDANT'S
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TH()~I/\S, THOMAS & HAFER. LLP
PJC ATTORNEYS AT LAW
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CERTIFIED , '
,"II NORTH FRONT STREET
SIXTH FLOOR
P,O. BOX 999
IIARRISBURO, PA 17108
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265 756 2Y1
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CF.IUIFICATF. OF SEIWICF.
I, Kuthy L. Sitler, un employee of the IllW ofliees ofThol1111S, Thomus & Haler, LLP, do
hereby certify thut I did serve u true und correct copy of the lilregoing document by sending
sume viu United Stutes eerlilled muil, return receipt requested, us follows:
Mr, und Mrs, Eml11ett W, Price
512 Soulh Pitt Street
Curlisle, P A 17013
Date: (,!p'!)' [I -1, .:,)(y:v)
~"/) ",1' ( Ii
,^",-Ll i tI/(
KATHY L,/ ITLER
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THOMAS, THOMAS & HAFER, LLP
By: Peter J, CI/rry, E:;I/I//re
IDENTIFICATION NO. 16622
Jtl5 Nllrt/, From Street
P. 0, BII.I: 999
Harr/.l'hl/rll, PA 17/tIN
(717) 255-76J 7
Attllrtley /lIr De/ell/flllll.I'
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
: IN T/ IE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LA W
Plaintiffs
v.
: NO. 97-6253 CIVIl. TERM
STEVEN B. CHERRY. M.D., and, :
CARLISLE WOMEN'S CARE, P.c.,
Defendants : JURY TRIAL DEMANDED
, '
ORnER
AND NOW, this
.?'(" dayof_. f.t,''''''''",
(
, 2000, upon consideration of
the attaehed Petilion to Make Rule Absolute this Court's Rule to Show Cause of January 24,
2000, it is hereby ORDERED Ihat said Rule is mude absolute and Plainliffs arc hereby
ORDERED to completely answer Defendants' Expert Interrogatories within thirty (30) days Irom
the date of this Order or suffer the imposition of sanclions pursuant 10 the Pa. R,C.P. 4019.
BY THE COURT.
jt- ///L
~~
J()5'OO
RK3
J,
"
TlIOMAS, TlIOMAS & IIAFER, I.l.I'
By: Peler J. ('/lrry, E.I'q/lI,,'
IDENTIFICATION NO, 16622
.II/.f Nt",l, Fro", Street
1'. 0, BI/.~ 999
IIl1rrlsh/lrll. PA 17/11N
(717) 15.f.76./7
AliI/riley fl/r Defell/lmll.I'
DOTTY N. PRICE und EMMETT W.
PRICE, h~r husbund,
Pluintlffs
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LA W
v,
STEVEN D. CHERRY, M.D., und
CARLISLE WOMEN'S CARE, P.C.,
D~tendunts : JURY TRIAL DEMANDED
: NO, 97-6253 CIVIL TERM
DEFENIlANTS' PETITION TO MAKE RULE AIJSOLUTE
AND NOW com~ the Defcndanls, Stevcn B. Cherry, M.D.. und Curlisle Women's Cure,
P.C., by and Ihrough their attorneys, Thomas, Thol11us & lIaler. LLP, and hereby petition Ihis
Honoruble Court 10 muke ubsolute the Rule that was issued ill this mutter on Junuury 24, 2000,
and in support of said Petition slatc us follows:
I. On January 20, 2000, Defcndants tiled with this Courl a Motion to Compel
Answers to Expert Interrogatories, in light of Plaintiffs' failure to respond pursuant to Ihe
Pcnnsylvania Rules of Civil Procedure.
2. The Interrogatories were scrved on Plaintiffs through their then-counsel on
January 28, 1998.
3. On January 24, 2000, Ihis Honorable Court, by Judge Kevin A. Hess, issued a
Rule to Show Cause, directing Plaintiffs to show cause why Defendants' Motion to Compel
should not be granted. ^ true and cOITecl copy of suid Rule to Show Cuuse is allached hereto
und incorpornted herein liS Exhlbll "A", Suld Rule wus retul'fluhle twenly (20) duys 1'1'0111 the dllle
or service.
4. On Junuury 27, 2000, suid exccuted Rule to ShllW Cuuse wus served viII certllied
muil, return receipt requested upon Pluintifls. Dotty und Emmctt Priee, SI2 South Pitt Street,
Curlisle, I' A, 17013. A truc und correct copy or the JUlluury 26. 2000, correspondence und retul'll
receipt ure attached hereto al1\l incorpornted herein us Exhihil "1\",
S, Plaintiffs have not responded to Judge Hess' Rule und they still huve not nnswered
Defendunts' Interrogntorics, Moreover, I'luintifls huve not comlllunicutcd in uny wuy with
undersigned counsel with respect to the outstanding discovery,
6, Dcfcndants rcsneclfillly requcstthis Ilonornble Court Order I'lainlltTs to answer
Ihe outstanding discovery within thirty (30) days 01' suflcr sunctions pursuant to I'n, R,C.p, 4019,
WHEREFORE, Delcndnnts, Stevcn 1\, Cherry, M,D.. and Carlisle Women's Cnre, I'.c.,
respectfully request this Honornble Courtmakc absolute the Rulc or January 24, 2000, nnd Order
I'laintitI~ to Answer Defcndunts' Expert Interrogatories within thirty (30) days 01' suffer
sunctions pursuant to Pa, R.C,I'. 4019.
Respectfully submitted.
\ ,
,IAN ;:! I I.IJUu.
(I' I
DOTTY N, PRICE and EMME'IT W,
PRICE, h~r husband,
: IN THE COURT OF COMMON PLEI\S OF
: CUMBERLAND COUNTY, PENNSYL V I\NIA
Plaintiffs
: CIVIL ACTION - LA W
v,
: NO, 97.6253 CIVIL TERM
STEVEN B, CHERRY, M,D" and
CARLISLE WOMEN'S CARE. P,C"
Defendants : JURY TRIAL DEMANDED
RULE
AND NOW mi, fUll do, or ;iuw7 . 2000. ,"".
consid~ration of the within Motion of Defendants. a Rule is reby issued upon the Plaintiffs to
show cause why the relief requesled should not be granted.
Rule returnable :<.() days after service hereof.
BY THE COURT.
/3/ ~tt~) j. -JJ/Vl)
J.
"D FENDANT"
I., "EXAIBIT~"
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(717) m.7~J7
rJc@lIhlaw.clllll
January 26, 2000
CERTIFmn MAll,: RETURN IH:CEII'T ImO(J[o;STIm
MI'. lInd Mrs. Emmell W. Price
512 South Pitt Slreel
Carlisle, PA 17013
RE: 1'l'Ice v. Cherry, M,n" ct ul.
Dear Mr. and Mrs. Price:
Enclosed is a copy of tile Court's Rule in connection Wilh our reeenl Motion 10 Compel in
the above-captioned malleI'.
Very truly yours,
THOMAS, THOMAS & HAFER, LLI'
l3y:
P JC/kls
Enclosure
Peter 1. Curry
:7HI07.3
l 265 756 237
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Rece pi for Certlflod Mall
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CF.R'J'JIt'ICATE 01,' SERVIC;E
I, Kathy L, Sitler, an employee or the luw omees or Thol11us, Thomus & Ilafer, LLP, do
hereby certlry Ihat I did serve u Irue uno eorrcct copy or the Il)regoing document by sending
same viu United Stutes certiticd mull, return reccipt requested. us Il)lIows:
Mr, und Mrs. Emmcll W. Price
512 South Pitt Strcct
Carlisle, PAl 70 13
,
Date: ,,1- ,-), (':I:.)
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KATHY ,SITLER
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DOTTY N. PRICE and EMMETT W.
PRICE, har husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-I..':U:J C:L'l t......~'u.7
v.
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.c.,
Defendants
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the fOllowing pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE 1\ LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
O~'FICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
4th
Court Administrator
Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
122?84/LES
.,
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
1m.
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P,C.,
Defendants
JURY TRIAL DEMANDED
NOTICIA
Le han demandado a usted en la corte. si usted quiere
defendersc de estas demandas expuestas en las paginas siquientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensaa 0 sus objectiones alas demandas an contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cualquiar queja 0 alivio que es pedido
en 1a peticion de demanda. Usted puede perder dinero 0 sUs
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOOAGO INMEDIATAMENTA. SI NO TIENE
ABODAGO 0 SI NO TIENE EL OINERO SUFICIENTE OE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONOE SE PUEDE CONSEGUIR
ASrSTENCIA LEGAL.
Court Administrator
4th Floor, Cumberland County Courthouse
CarliSle, PA 17013
(717) 240-6200
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
Plaintiffs
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
r) <"-7-
NO. Q'1 - ,.;). 6-\3 '-.: ill,' I {"IU./
JURY TRIAL DEMANDED
v.
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C.,
Defendants
COMPLl\INT
1. Plaintiff Dotty Price is on adult individual who resides
in Carlisle, Cumberland County, Pennsylvania,
2. Plaintiff Emmett Price is currently, and was at all times
relevant to this Complaint, the husband of Dotty Price.
3. Defendant Steven B, Cherry, M.D., is currently, and was
at all times relevant to this Complaint, a physicion licensed to
practice medicine in the Commonwealth of Pennsylvania.
4. At all times relevant to this Complaint, Defendant
Steven B. Cherry, M.D., held himself out to the public as a
specialist in obstetrics and gynecology.
5. Defendant Carlisle Women's care, P.C., is a professional
corporation w'lich maintains offices and facilities in Carlisle,
Cumberland County, Pennsylvania.
6. At all times relevant to this Complaint, Defendant
Steven B. Cherry, M.D., was a servant, agent, apparent agent,
employee and/or owner of Defendant Carlisle Women's care, P.c., and
was aoting in such capacity.
7. On September 16, 1996, Defendant Steven B.Cherry, M.D.,
performed a total vaginal hysterectomy upon Plaintiff Dotty Price
120827/PJH
in order to treat menometrorrhagia that had not been successfully
controlled with hormonal therapy.
8. Defendant steven B, Cherry, M.D., did not note any
complications at the time of the vaginal hysterectomy surgery.
9. Post-operatively, in the recovery room, PlaintJ.ff Dotty
Price was noted to have grossly blood urine and decreased urine
output.
10. A CT scan was ordered, which confirmed extravasation of
dye from Plaintiff Dotty Price's bladder.
11. Plaintiff Dotty Price was subsequently taken back to the
operating room where a cystoscopy was performed.
12. The cystoscopy revealed a large posterior bladder
laceration.
13. The aforesaid bladder laceration had occurred during the
vaginal hysterectomy procedure performed by Defendant steven B.
Cherry, M.D.
14. Defendant steven B. Cherry M.D., did not notice, diagnose
or treat the bladder laceration before completing t.he vaginal
hysterectomy procedure and sending the patient to the recovery
room.
15. Defendant
unsuccessfully, to expose
vaginally.
16. Consequently, an exploratory laparotomy was performed
upon Plaintiff Dotty Price by Dr. Gronkiewicz, who opened the dome
of the bladder and attempted to repair the laceration from within.
steven
Cherry,
laceration
B.
the
M.D. ,
attempted,
repair it
and
to
17. Plaintiff Dotty Price was discharged from the Carlisle
Hospital, where the aforesaid surgical procedure had taken place,
on September 22, 1996.
18. FOllowing har discharge from the carlisle Hospital,
Plaintiff Dotty Price continued to experience incontinence and
leakage of urine.
19. On or about October 23, 1996, Plaintiff Dotty Price was
examined at the Milton s. Hershey Medical Center, where she was
found to have a vesicovaginal fistula.
20. The vesicovaginal fistula was a direct result of 'an
injury to Plaintiff Dotty Price's bladder that had occurred during
the vaginal hysterectomy procedure performed by Defendant steven B.
Cherry, M.n.
21. On or about October 30, 1996, Plaintiff Dotty Price
underwent a transvaginal repair of. the vesicovaginal fistula.
22. The October 3D, 1996, transvaginal repair of the
vesicovaginal fistula subsequently failed.
23. Consequently, on January 6, 1996, Plaintiff Dotty Price
underwent a transabdominal repair of the vesicovaginal fistula at
the Milton s. Hershey Medical Center.
24. The September 16, 1996, laceration of Plaintiff Dotty
Price's bladder, and the resultant vesicovaginal fistula, occurred
as a direct and proximate result of the negligence of steven B,
Cherry, M. D.
3
'._j'
COUNT I
DOTTY PRICE v. STEVEN D. CHERRY. M.D.
25. Paragraphs 1 through 24 of this complaint are
inoorporated herein by reference.
26. Plaintiff Dotty Price's injuries as alleged herein were
a direct and proximate result of the negligence of Defendant
steven B. Cherry, M.D., as set forth in paragraphs 28 through 35
below.
27. As a direct and proximate result of his negligence as set
forth in paragraphs 28 through 35 below, Defendant steven B,
Cherry, M,D., is liable to Plaintiff Dotty Price for the injuries
alleged herein.
28. Defendant steven B. Cherry, M.D., lacerated plaintiff
Dotty Price's bladder during the course of the september 16, 1996,
vaginal hysterectomy procedure.
29. Defendant steven B. Cherry, M.D., permitted a laceration
of Plaintiff Dotty Price'S bladder to occur during the course of
tbe September 16, 1996, vaginal hysterectomy procedure.
30. Defendant steven B. Cherry, M.D., failed to utilize the
appropriate retractors during the course of the September 16, 1996,
vaginal hysterectomy procedure performed on Plaintiff Dotty Price.
31. Defendant steven B. Cherry, IL D., utilized a retractor in
such a fashion as to cause a laceration and/or a tear of Plaintiff
Dotty Price'S bladder during the course of the September 16, 1996,
vaginal hysterectomy procedure.
4
32. Defendant Stevcn B. Cherry, M.D., permitted a retractor
to be utilized in such a fashion as to causc the laceration and/or
tear of Plaintiff Dotty price'a bladder dur.ing the courae of the
September 16, 1996, vaginal hysterectomy procedure.
33. Defendant Steven D. Cherry, M.D., failed, prior to
completing the vaginal hysterectomy procedure and sending Dotty
Price to the recovery room, to notice the laceration of her
bladder.
34. Defendant Steven B. Cherry, M.D., failed to completing
the vaginal hysterectomy procedure and sending Dotty Price to the
recovery room, to repair, or to attempt to repair, the bladder
laceration.
35. Defendant Steven B. Cherry, M.D.
laparoscopic assistance during the course
hysterectomy procedure performed upon Plaintiff.
36. Aa a direct and proximate result of the negligence of
Defendant Steven B. Cherry, M.D., as set forth above, Plaintiff
Dotty Price suffered a large bladder laceration and a recurri11g
vesicovaginal fistula for which she underwent several operative
procedures.
37. As a direct and proximate result of the aforesaid
injuries, Plaintiff Dotty Price has incurred, and will in the
future incur, medical and rehabilitative expenses, and claim ia
made therefor.
38. As a direct and proximate result of the aforesaid
injuries, Plaintiff Dotty Price has undergone, and in the future
failed to utilize
of the vaginal
5
will undergo, great physical and mental pain and suffering, great
inconvenience in carrying out her daily activities, and a loss of
life's pleasures and enjoyment, and claim is made therefor.
39. As a direct result of the aforesaid injuries, plaintiff
Dotty Price has been, and in the future will be, subject to great
humiliation and embarrassment, and claim is made therefor.
40. As a direct result of the aforesaid injuries, Plaintiff
Dotty Price has sustained a loss of earnings by reason of not being
able to fulfill her employment, and claim is made therefor.
41. As a direct result of the aforesaid injuries, Plaintiff
Dotty Price has sustained a loss of earning power and earning
capacity, and claim is made therefor.
WHEREFORE, Plaintiff, Dotty Price, demands jUdgment against
Defendant, steven B. Cherry, M.D., for compensatory damages in an
amount in excess of Twenty-Five Thousand ($25,000.00) Dollars,
exclusive of interest and costs, and in exceSB of any
juriSdictional amount requiring compulsory arbitration.
COUNT II - INFORMED CONSENT
DOTTY PRICE v. BTEV~ B. CHERRY. M.~
42. Paragraphs 1 through 24 of this Complaint are
incorporated herein by reference.
43. Plaintiff Dotty Price's injuries as alleged herein were
a direct and proximate result of the failure of Defendant steven B.
6
Cherry, M.D. to obtain her informed consent to the surgical
procedure performed upon her as set forth in paragraphs 45 through
50 below.
44. As a direct and proximate resul t of his failure to obtain
the informed consent of Dotty Price as set forth in paragraphs 45
through 50 below, Defendant steven B. Cherry, M.D. is liable to
Dotty Price for battery in the form of his intentionally inflicting
harmful and offensive bodily contact upon her.
45. Defendant steven B. Cherry, M.D, failed to inform Dotty
Price fully and properly as to the, nature and extent of her
condition and the nature of the surgical procedure proposed.
46. Defendant steven B. Cherry, M.D. failed to inform Dotty
Price fully and properly of the material risks associated with the
proposed surgical procedure.
47. Defendant steven B. Cherry, M.D. failed to inform Dotty
Price of the possible consequences of tbe proposed surgical
procedure, inclUding physical, emotional, and psychological
consequences.
48. Defendant steven B. Cherry, M.D. failed to disclose to
Dotty Price all information material to the decision to undergo the
proposed surgical procedure.
49. Defendant Steven B. Cherry, M.D. failed to inform Dotty
Price fully and properly of the available alternatives to the total
vaginal hysterectomy procedure.
7
50. Defendant steven B. Cherry, M.D. failed to obtain Dotty
Price's informed consent prior to performing the total vaginal
hystereotomy.
51. Plaintiff Dotty Prioe would not have submitted to the
aforementioned surgical prooedure if she had known of the
undisclosed information, risks, consequenoes, side effects, and
alternative treatments.
52. As a result, Plaintiff Dotty Price sustained injuries and
damages as set forth in paragraphs 36 through 41 above and
inoorporated herein by reference as if set forth at length, which
would not have occurred had Dotty Price opted for an alternative
method of treatment.
WHEREFORE, Plaintiff Dotty Price demands judgment against
Defendant steven B. Cherry, M.D. tor compensatory damages in an
amount in excess of Twenty-Five Thousand ($25,000.00) DOllars,
exclusive of interest and costs, and in excess of any
jurisdictional amount requiring compulsory arbitration.
COUNT III
DOTTY PRICE v. CARLISLE WOMEN'S CARE. P.~
53. Paragraphs 1 through 24 of this Complaint are
incorporated herein by reference.
54. Plaintiff Dotty Price's injuries as alleged herein were
a direct and proximate result of the negligence of the servants,
8
agents, apparent agents, employees and/or owners of Defendant
Carlisle Women's Care, P.c., as Bet forth in paragraphs 56 through
63 below.
55. As a direct and proximate result of the neg11gence of its
servants, agents, apparent agents, and/or employees, including
steven B. Cherry, M.D., as set forth in paragraphs 56 through 63
below, Defendant Carlisle Women's Care, P.c., is liable to
Plaintiff Dotty Price for the injuries alleged herein.
56. Said servants, agents, apparent agents, employees and/or
owners lacerated Plaintiff Dotty Price's bladder during the course
of the September 16, 1996, vaginal hysterectomy procedure.
57. Said servants, agents, apparent agents, employees and/or
owners permitted a laceration of Plaintiff Dotty Price'S bladder to
occur during the course of the September 16, 1996, vaginal
bysterectomy procedure.
58. Said servants, agents, apparent agents, employees and/or
owners failed to utilize the appropriate retl'actors during the
course of the September 16, 1996, vaginal hysterectomy procedure
performed on Plaintiff Dotty Price.
59. Said servants, agents, apparent agents, employees and/or
owners utilized a retractor in such a fashion as to cause a
laceration and/or a tear of Plaintiff Dotty Price'S bladder during
the course of the September 16, 1996, vaginal hysterectomy
procedure.
60. Said servants, agents, apparent agents, employees and/or
owners permitted a retractor to be utilized in such a fashion as to
9
cause a laceration and/or tear of Plaintiff Dotty Price's bladder
during the course of the September 16, 1996, vaginal hysterectomy
procedure.
61. said servants, agents, apparent agents, employees and/or
owners failed, prior to completing the vaginal hysterectomy
procedure and sending Dotty Price to the recovery room, to notice
the laceration of her bladder.
62. Said servants, agents, apparent agents, employees and/or
owners failed to complate the vaginal hysterectomy procedure and
send Dotty Price to the recovery room, to repair, or to attempt to
repair, the bladder laceration.
63. Said servants, agents, apparent agents, employees and/or
owners failed to utilize laparoscopic assistance during the course
of the vaginal hysterectomy procedure performed upon Plaintiff.
64. As a direct and proximate result of tbe negligence of the
servants, agents, apparent agents, employees and/or owners of
Defendant Carlisle Women's Care, P.c., as set forth above,
Plaintiff Dotty Price suffered a large bladder laceration and a
recurring vesicovaginal fistula for which she underwent several
operative procedures.
65. As a direct and proximate result of the aforesaid
injuries, Plaintiff Dotty Price has incurred, and will in the
future incur, medical and rehabilitative expenses, and claim is
made therefor.
66. As a direct and proximate result. of tbe aforesaid
injuries, Plaintiff Dotty Price has undergone, and in the future
10
will undergo, great physical and mantal pain and sUffering, great
incQnvenience in carrying out her daily activities, and a loss of
life's pleasures and enjoyment, and claim is made therefor.
67. As a direct result of the aforesaid injuries, Plaintiff
Dotty Price has been, and in the future will be, subject to great
humiliation and embarrassmant, and claim is made therefor.
68. As a direct result of the aforesaid injuries, Plaintiff
Dotty Price has sustained a loss of earnings by reason of not being
able to fulfill her employment, and claim is made therefor.
69. As a direct result of the aforesaid injuries, Plaintiff
Dotty Price has sustained a loss of earning power and earning
capacity, and claim is made therefor.
WHEREFORE, Plaintiff, Dotty Price, demands judgment against
Defendant, Carlisle Women's Care, P.C., for compensatory damages in
an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars,
exclusi ve of interest and cost.s, and in excess of any
jurisdictional amount requiring compulsory arbitration.
COUNT IV - INFORMED CONSENT
DOTTY PRICE v. CARLISLE WOMEN'S CARE. P.C.
70. Paragraphs 1. through 24 of this Complaint are
incorporated herein by reference.
71. Plaintiff Dotty Price's injuries as alleged herein were
a direct and proximate result of the failure of Defendant Carlisle
i1
Women's Care, P.C. to obtain her informed consent to the surgical
procedure performed upon her as set forth in paragraphs 73 through
78 below.
72. As a direct and proximate result of its failure to obtain
the informed consent of Dotty Price as Bet forth in paragraphs 73
through 78 below, Defendant Carlisle Women's Care, P.C. is liable
to Dotty Price for battery in the form of its intentionally
inflicting harmful and offensive bodily contact upon her.
73. Defendant Carlisle Women's Care, P.c. failed to inform
Dotty Price fully and properly as to the nature and extent of her
condition and the nature of the surgical procedure proposed.
74. Defendant Carlisle Women's Care, P.C. failed to inform
Dotty Price fUlly and properly of the material risks associated
with the proposed surgical procedure.
75. Defendant Carlisle Women's Care, P.C. failed to inform
Dotty Price of the possible consequences of the proposed surgical
procedure, including phys ica 1, emotional, and psycholog ical
consequences.
76. Defendant Carlisle Women's Care, p.e. failed to disclose
to Dotty Price all information material to the decision to undergo
the proposed surgical procedure.
77. Defendant Carlisle Women's Care, P.C. failed to inform
Dotty Price fUlly and properly of the available alternatives to the
total vaginal hysterectomy procedure.
12
78. Defendant Carlisle Women's Care, P,C, failed to obtain
Dotty Price's informed consent prior to performing the total
vaginal hysterectomy.
79. Plaintiff Dotty Price would not have submitted to the
aforementioned surgical procedure if she had known of the
undisclosed information, risks, consequences, side effects, and
alternative treatments.
80. As a result, Plaintiff Dotty Price sustained injuries and
damages
in paragraphs
as set
i
forth
through 69
64
above and
incorporated herein by reference as if set forth at lengtb, which
would not have occurred had Dotty Price opted for an alternative
method of treatment.
"
WHEREFORE, Plaintiff Dotty Price demands judgment against
Defendant Carlisle Women's C~re, P.C. for compensatory damages in
an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars,
exclusive of interest and costs, and in excess of any
jurisdictional amount requiring compulsory arbitration.
COUNT V
EMMETT PRICE v. STEVEN B. CHERRY. M.D.
81. Paragraphs 1 through 24 and Counts I and II of this
Complaint are incorporated herein by reference.
82. As a direct and proximate r.esult of his negligence and
failure to obtain informed consent as set for.th above, Defendant
steven B. Cherry, M.D., is liable to Plaintiff Emmett Price for the
injuries alleged herein.
13
(
'.i
83. 1\.s a direot and proximate result of Dotty Price's
injuries as set forth above, Plaintiff Emmott Price has boen
deprived of the assistanco, companionship, consortium and society
of his wife, all of which has been, and in the future will be, to
his great damage and loss, and claim is made therefor,
WHEREFORE, Plaintiff, Emmett Price, demands jUdgment against
Defendant, steven B. Cherry, M.D., for compensatory damages in an
amount in excess of Twenty-Thousand ($25,000.00) DOllars, exclusive
of interest and costs, and in excess of any jurisdictional amount
requiring compulsory arbitration.
COUNT VI
EMMETT PRICE v. CARLI8LE WOMEN'S CARE. P.C.
84. Paragraphs 1 through 24 and Counts III and IV of this
Complaint are incorporated herein by reference.
85. 1\.s a direct and proximate result of the negligence and
failure to obtain informed consent of its servants, agents,
apparent agents, employees and/or owners, including Defendant
steven B. Cherry, M.D., as set forth above, Defendant Carlisle
Women's Care, P.c., is liable to Plaintiff Emmett Price for the
injuries alleged herein.
86. 1\.s a direct and proximate result of Dotty Price's
injuries as set fortb above, Plaintiff Emmett Price has been
deprived of the assistance, companionship, consortium and society
of his wife, all of which has been, and in the future will be, to
his great damage and loss, and claim is made therefor.
14
WHEREFORE, Plaintiff, Emmett Price, demands judgment against
Defendant, Carlisle Women's Care, P.C., for compensatory damages in
an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars,
exolusive of interest and costs,
and in excess of any
jurisdictional amount requiring compulsory arbitration.
Respectfully submitted,
ANGINO & ROVNER, P.~.
D"O.tt.! ~/
I.D. No. 58796
4503 North Front street
Harrisburg PA 17110
(717) 238-6791
Counsel for Plaintiffs
DATED: November 6, 1997
"I
I
15
Vl!lRIPICATION
I, DOTTY N. PRICE, do hereby swear and affirm that the facts
set-forth in the foregoing COMPLAINT are true and correct to the
best of my knowledge, information and belief. I understand that
this verification is made subject to the penalties of 18 Pa.C.S.
54904, relating to unsworn falsification to authorities.
WITNESS:
-/2111/
4.dt, A, kf,(i(
DO TY !-t. PRICE
Dated:
11- S en
I
I
I
I'
81893/PJM
VBRIFICATION
I, EMMETT W. PRICE, do hereby swear and affirm that the facts
set forth in the foregoing COMPLAINT are true and correct to the
best of my knowledge, information and belief. I understand that
this verification is made subject to the penalties of 18 Pa.C.S.
54904, relating to unsworn falsification to authorities.
"a-Itci/
'I
r-- // r)/
./,-' - ~,..7'
_ '" ___~..J
C..... ..--!-- ,.-'-.~_
'EMMETT W. PRICE,
Dated:
11-<:;--C'l
81893/PJH
:]IIEHIFF'~ liETUIlN
HEGULAfi
CASE NOI 1997~~G25J P
COMMONWEALTH OF PENNSYLVANIA I
COUNTY OF CUMUEHLAND
PRICE DOTTY N ET AL
VS.
CHERRY STEVEN B MD ET AL
ROBERT L. FINK. SR.
CUMBERLAND Count y, P",nnsy ivania, who
to law, says, the within COMPLAINT
upon CHERRY STEVEN B MD
de.tendant, at 11451~. HOURS, on th", 6.S1b. day of t'!ovembUil'
1921 at B BROOK WOOD AVE
CARLISLE. PA 17013
. Sheriff or Deputy Sh",riff of
being duly sworn according
was served
the
---J
County, Pennsylvanta,
by handtng to JENNIFER
---J CUMBERLAND
SOUDERS. SECRETARY
AND PERSON IN CHARGE
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing tl..!u:. attention to the contents thereof.
Sheriff's Costs I
Docketing
Service
Affidavit
Surcharge
18.00
3,10
,00
2.00
e23.10 ANGINa AND ROVNER
12/0I/1997@
by ~~17~~/
-~
So an8W~~.~.;.,#
'c' , , , .,
-.. ~r.-""""ooJ"C".;,e"'l(_
,....;c..... N
Sworn and subscribed to before me
this I.~j- day of ~o.'LL'~L......
19_12- A. D.
"---,1", '-......p~'tl\~~l.;;t~'ry .t..j''i
.
SHeRIFF'S HI::TUI\N
REGULAH
CASE NO, 1997-06~53 P
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
PRICE DOTTY N ET AL
VS.
CHERRY STEVEN B MD ET AL
ROBERT L. FINK, SR.
CUMBERLAND County, Pennsyivania, who
to law, says, the within COMPLAINT
upon CARLISLE WOMENS CARE PC
defendant, at 1145:00 HOURS, on the ~ day of November
192Z at 8 BROOKWOOD AVE
CARLISLE, PA 17013
, Sheriff or Deputy Sheriff of
being duiy sworn according
was served
the
County, Pennsylvania,
AND PERSON IN CHARGE
a true and attested copy of the COMPLAINT
together with NOTICE
, CUMBERLAND
SECRETARY
by handing to JENNIFER SOUDERS,
and at the same time directing till attention to tbe contents thereof.
Sheriff's CostSI
Docketing
Service
Affidavit
Surcharge
So answers I ,,_ ~
....../"/./. .
i;>l~ ...;::z:;...~....-<. _ '''''-':
H. Thomas l\l~ne, St er
6.00
.00
.00
2.00
lile,ra0
ANGINO AND ROVNER
12/01/1997 ..--j
by ~~~
'-(J ..--: --
. eputy leI'
~'
Sworn and subscribed to before me
this l.4r day of J.J..,u ....~
19_.1...2. A. D.
'--JA"'t't>ro6:onotra-'//",", , ^ ~
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DOTTY N. PRICE and EMMETT W. I IN THE COURT OF COMMON PLEAS OF
PRICE, her husband, I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs I
I CIVIL ACTION - LAW
v, I NO, 97-6253 Civil Term
I
STEVEN B. CHERRY, M.D., and I
CARLISLE WOMEN'S CARE, P.C., I
Defendants r JURY TRIAL DEMANDED
NOTICE TO Pi,EAD
You are hereby notified to plead to the enclosed 'Answer with
New Matter within twenty (20) days from service hereof or a default
judgment may be entered against you,
THOMAS/ 'JOMA~&- HAF'~, LLP
By J - c:{' .?! c: '1
.~'r J, Y /k)
,...." '~05 North r nt Street.~
P, 0, B 999
Harri urg, PA 17108
I.D. # 16622
(
,,',
h -<,"'
... 'i"''''.''',
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-6253 civil Torm
v.
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C"
Def.endllllts
JURY TRIAL DEMANDED
lWm'/ER AND NEW~f' THE DEFE~
~,AINTIFFS' COMPLAINT
AND NOW, comes the Defendants, through their attorneys,
Thomas, Thomas & Hafer, to answer Plaintiffs' Complaint as follows,'
1- 6. The averments contained in paragraphs 1 through 6 of
Plaintiffs' Complaint are admitted.
7-23.
The averments contained in paragraphs 7 through 23
of Plaintiffs' Complaint are denied generally pursuant to and in
accordance with Pa, R.C,P. No. 1029(e) and proof thereof is
demanded at the time of trial,
24. The averments contained in paragraph 24 of
Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and no response is required. Nevertheless, said
, ,
averments are denied and proof thereof is demanded at the time of
trial,
COUNT I
DOTTY PRICE v. STEVEN B. CHERRY. M.D.
25. Paragraphs 1 through 24 of this answer with new matter to
Plaintiffs' Complaint are incorporated herein by reference as if
set forth at length.
26-35,
The averments contained in paragraphs 26 through 35
of Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and no response is required, Nevertheless, said
averments are specifically denied and proof thereof is demanded at
the time of trial, Furthermore, the responding Defendants believe
and therefore aver that at all times relevant hereto Dr. Cherry
acted in accordance with the required standards of medical care.
36-41. The averments contained in paragraphs 36 through 41
of Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and no response is required. Nevertheless, said
averments are denied and proof thereof is demanded at the time of
trial,
WHEREFORE, the responding Defendants demand judgment in their
favor and against Plaintiffs,
COUNT II - INFORMED CONSENT
DOTTY PRICE v. STEVEN B. CHERRY. M,~
42. Paragraphs 1 though 24 of this answer with new matter to
Plaintiffs' Complaint are incorporated herein by reference as is
set forth at length,
43-50. The averments contained in paragraphs 43 through 50
of Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and no response is required. Nevertheless, said
averments are specifically denied and proof thereof is demanded at
the time of trial, Furthermore, the responding Defendants believe
and therefore aver that Mrs. Price gave her informed consent to the
procedure in question in that Dr, Cherry provided her with that
information which a reasonable person would expect to receive under
the same or similar circumstances in order to make a decision on
COUNT III
DOTTY PRICE v. CARLISLE WOMEN'S CARE. P.C.
53, Paragraphs 1 through 24 of this answer with new matter to
Plaintiffs' Complaint are incorporated herein by reference as if
set forth at length,
54-63. The averments contained in paragraphs 54 through 63
of Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and no response is required, Nevertheless, said
averments are specifically denied and proof thereof is demanded at
the time of trial. Furthermore, the responding Defendants believe
and therefore aver that, at all times relevant hereto, the agents,
servants and employees of Carlisle Women's Care, P.C., including
Dr, Cherry, acted in accordance with the required standards of
medical care.
whether or not to undergo the procedure.
51, Inasmuch as the responding Defendants believe and
therefore aver that Mrs, Price gave her informed consent to undergo
the procedure in question, the averments set forth in paragraph 51
of Plaintiffs' Complaint are denied and proof thereof is demanded
at the time of trial,
52, The averments contained in paragraph 52 of Plaintiffs'
Complaint set forth conclusions as opposed to statements of fact
and no response is required. Nevertheless, said averments are
denied and proof thereof is demanded at the time of trial,
WHEREFORE, responding Defendants demand judgment in their
favor and against Plaintiffs.
64 - 69, The averments contain<ld in paragraphs 64 through 69
of Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and response is required, Nevertheless, said
averments are denied and proof thereof is demanded at the time of
trial.
COUNT IV . INFORMED CONSENT
DOTTY PRICE v. CARLISLE WOMEN'S CARE. P.C.
70. Paragraphs 1 through 24 of this answer with new matter to
Plaintiffs' Complaint are incorporated herein by reference dS if
set forth at length.
71. The averments contained in paragraph 71 of Plaintiffs',
Complaint are denied. The responding Defendants believe and
therefore aver that Carlisle Women's Care, P.C. had no duty to
obtain Mrs. Price's informed consent, that duty resting with her
attending surgeon, Dr. Cherry. Furthermore, the responding
Defendants believe and therefore aver that prior to the procedure
in question Mrs, Price was provided with that information which a
reasonable person would expect to receive under the same or similar
circumstances in order to render a decision on whether or not to
undergo the procedure; and, that she therefore gave her informed
consent to the procedure. Finally, the responding Defendants,
believe and therefore aver that the cause of action alleged in
Count IV of Plaintiffs' Complaint sets forth a claim upon which
relief may not be granted pursuant to the law of the Commonwealth
of Pennsylvania,
72-78. The averments contained in paragraphs 72 through 78
of Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and no response .is required. Nevertheless, said
averments are denied and proof thereof is demanded at the time of
trial, Furthermore, paragraph 71 of this answer to Plaintiffs'
Complaint is incorporated herein by reference as if set forth at
length,
79, The averments contained in paragraph 79 of Plaintiffs'
Complaint are denied. Furthermore, paragraph 51 of this answer to
Plaintiffs' Complaint .is incorporated herein by reference as if set
forth at length,
80. The averments contained in paragraph 80 of Plaintiffs'
Complaint set forth conclusions as opposed to statements of fact
and no response is required, Nevertheless, said averments are
denied and proof thereof is demanded at the time of trial,
WHEREFORE, the responding Defendants demand judgment in their
favor and against Plaintiffs.
COUNT V
EMMETT PRICE v. STEVEN B. CHERRY. M.D.
81. Paragraphs 1 through 24 and Counts I and II of this
answer with new matter to Plaintiffs' Complaint are incorporated
herein by reference as if set forth at length.
82-83, The averments contained in paragraphs 82 and 83 of
Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and no response is required. Nevertheless, said
averments are denied and proof thereof is demanded at the time of
trial.
WHEREFORE, responding Defendants demand judgment in their
favor and against Plaintiffs,
COUNT VI
EMMETT PRICE v. CARLISLE WOMEN'S CARE, p.e.
84, Paragraphs 1 through 24 and Counts III and IV of this
answer with new matter to Plaintiffs' Complaint are incorporated
herein by reference as if set forth at length.
85-86. The averments contained in paragraphs 85 and 86 of
Plaintiffs' Complaint set forth conclusions as opposed to
statements of fact and no response .is required, Nevertheless, said
averments are denied and proof thereof is demanded at the time of
trial.
WHEREFORE, responding Defendants demand judgment in their
favor and against Plaintiffs.
NEW MATTER
By way of further answer to Plaintiffs' Complaint the
respondJ,ng Defendants offet' the following New Matter:
87, The responding Defendants believe and therefore aver that
Carlisle Women's Care, P.C, had no duty to obtain Mrs, Price's
informed consent to the procedure in question and that Count IV of
Plaintiffs' Complaint sets forth a claim upon which relief may not
be granted pursuant to the law of the Commonwealth of Pennsylvania,
WHEREFORE, the responding Defendants respectfully request that
Count IV of Plaintiffs' Complaint be dismissed and judgment entered
in their favor.
Respectfully submitted,
THOMAS, THOMAS & HAFER LL(i~
);
( BY/'~/:-~":/: ,/.://~2/ "
.. Pet. curry/'
305 t Front Street
P. 9. Box 999
Harr.isburg, PA 17108
I.D. j/ 16622
Attorneys for Steven B. Cherry,
M.D. and Carlisle Women's
Care, P.C.
VERIFICATION
I, Steven B. Cherry, M.D., hereby state and .lVer that I have read the
foregoing ANSWER AND NEW MATTER OF THE DEFENDANTS TO PLAINTIFFS'
COMPLAINT which was drafted by my counsel. The factual statements contained
therein are true and correct to the best of my knowledge, Information and belief
although the language Is that of my counsel, and, to the extent that the content of the
foregoing document Is that of counsel, I have relied upon counsel In making this
Verification.
This statement is made subject to the penalties of 18 Pa. C.S.A. 9 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly
false statements, I may be subject to criminal penalties.
. 1 / A
l ) ~~ C./ '-___~
-. -'
STEVEN B. C ERRY, M.D.
DATED:
, ,
I ( .u__ . _ '. n_" ,
CERTIFICATE OF SERVICE
I, Peter ). Curry, Esquire, do hemby certify that I served the attached ANSWER
AND NEW MATTER OF THE DEFENDANTS TO PLAINTIFFS COMPLAINT by deposltlnll
a copy of the same in the United States Mall, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
David S. Wisneski, Esquire
ANGINa & ROVNER, p,c.
4503 North Front Street
Harrlsburg,PA 17110
Counsel for Plaintiffs
TI;lOMAS, 'Y~~AS & HAFER UP
'. By );;'I 't!.'} .
i "Pellw)I~'ClJr ,/ ,,-., // ,
\ -- '
'-------....'./305 North t Street.
,. P. O. Bo 99
Harrisb rg, PA 17108
1.0. No. 16622
Attorneys for Defendants,
Steven B. Cherry, M.D. and
Carlisle Women's Care, P.c.
DATED: /-2"7- 'Ii'
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 97-6253 CIVIL TERM
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C.,
Deflilndants
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS
AND NOI~, come the Plaintiffs, Dotty 11. Price and Emmett w.
Price, by and through their attorneys, Angino & Rovner, p.e., and
hereby enter the following reply to the New Matter of Defendants
Steven B. Cherry, M.D. and Carlisle Women's care, P.C.:
87. Paragraph 87 of Defendants' New Matter states a
conclusion of law to which no responsive pleading is required. To
the extent that a response is deemed necessary, the averments
contained in paragraph 87 of Defendants' New Matter are denied in
accordance with Pa.R.C.P. 1029(e).
WHEREFORE, Plaintiffs Dotty N. Price and Emmett W. Price,
respectfully request that the New Matter of Defendants steven B.
Cherry, M.D. and Carlisle Women's Care, p.e. be dismissed, and that
Judgment be entered in favor of the Plaintiffs.
Respectfully Submitted,
ANGINO & ROVNER, p.e.
Dated: February 4, 1998
Dav d S.
I.D. NO. 58796
4503 North Front street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff(s)
,. ,
VERIJ'IOATION
I, EMMETT W. PRICE, do hereby swear and affirm that the faots
set forth in the foregoing dooument are true and correct to the
best of my knowledge, information and belief. I understand that
this verification is made sUbject to the penalties of 1B Fa.C.S.
54904, relating to unsworn falsification to authorities.
WITNESS:
/2Ju-L/
,
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,~. / ,,'/
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( . " ..
"EM~~;T' W: RIC'!:
Dated:
Or;l'o?J . 'If'
81893/PJM
VBRIPICATION
I, DOTTY N. PRICE, do hereby swear and affirm ~hat the facts
set forth in the foregoing document are true and correct to the
best of my knowledge, information and belief. I understand that
this verification is made SUbject to the penalties of 18 Pa.C.S.
54904, relating to unsworn falsification to authorities.
WITNESS:
r-
()~u~
,<Cp* /'(. ~;'/l('~
DOTTt . P~ eE
Dated:
O~'c3-qe
81893/PJH
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
as
I, David S. Wisneski, Esquire, being duly sworn according to law,
depose and say that I am counsel for Plaintiffs, and that I am
authorized to make this affidavit on behalf of said Plaintiffs, and
that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information and belief or, are
true and correct based on the information obtained from Plaintiffs.
-'
O'Vid/)'J.<<:bU>r~
Sworn to and subscribed before
, ,/~
me this ...:t:.::.. day o~ 199B.
/L Ll};;f~
+4:::JNotary publ c
JARlAlSlAl.
OOIDIC( M. ,B!!!1!!OTNfr flQ
lfBANON, WlM\!Il ~ M.
IrCOMlIISSfON 00'IRr.S JUlY I
CERTIFICAT~ OF ,SERVICE
I, Lois e. Stauffer, an employee of the law firm of Angino ,
Rovner, P. c., hereby oertify that a tt'ue and correct oopy of the
foregoing PLAINTIFFS' REPLY TO N~W MATTER OF DEFENDANTS was served
upon tho following peraon by first-class United states mail,
postage prepaid on February 4, 1998, as follows:
Peter J. Curry, Esquire
THOMAS, THOMAS & HAFER
305 North Front Street
sixth Floor, P.O. Box 999
Harrisburg, PA 17108
Counsel for Defendants
~I~~ Z:.
Lois E. Stauffer
'.
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 97-6253 CIVIL TERM
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C.,
Defendants
JURY TRIAL DEMANDED
~~RTIFICATE OF SERVICE
I, Lois E. stauffer, an employee of the law firm of Angino &
Rovner, P.C., hereby certify that a true and correct copy of the
foregoing PLAINTIFFS' ANSWERS TO DEFENDANTS' IWTERROGATORIES was
served upon the following person by first-class united states mail,
postage prepaid on February 26, 1998, as follows:
Peter J. Curry, Esquire
THOMAS, THOMAS & HAFER
305 North Front Street
Sixth Floor, P.O. Box 999
Harrisburg, PA 17108
Counsel for Defendants
.0~€.~
Lois E. Stauffer ~
123260/LES
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CERTIfICATE
PREREQUISITE TO SERVICE Of A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF.
COURT OF COMMON PLEAS
DOTTY PRICE
TERM, 0000
.VB-
CASE NO. 97-6253
CHERRY, M.D.
As a prerequisite to service of a subposna for documents and things pursuant
to Rule 4009.22
HCS on behalf of PETER J. CURRY, 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 propoaed 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
ia attached to the notice of intent to serve the subpoena.
DATE. 7/28/98
(AL, y?2'IA'tl
PETER' 'J. CURRYYESQUIRE
Attorney f~r DEFENDANT
,
I
DEll-050626 63317~LOl
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE HATTER OFI
COURT OF COMMON PLEAS
DOTTY PRICE
TERM, 0000
-VS-
CASE NOI 97-6253
CHERRY, M.D.
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
CARLISLE HOSPITAl, MEDICAL
MIL TON HERSHEY MEDICAL CENTER MEDICAL
TOI NEIL ROVNER, ESQUIRE
MCS on behalf of PETER J. CURRY, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no object.ion 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: 7/09/98
MCS on behalf of
PETER J. CURRY, ESQUIRE
Attorney for DEFENDANT
CCI JOHN 2DANOWICZ
PETER J. CURRY, ESQUIP~
- 333096 oi, 02
- 333096 01,02
Any questions regarding this matter, contact
TH~ MCS GROUP, INC.
1601 MARKET STREET
ueoo
PHILADELPHIA' PA 19103
(215) 246-0900
DE02-068667 633~7-C02
~I OF PmNSYLVI\NIl\
<XXlNT'l OF aJMIlElliJ\ND
DO'ITY PRICE
File No. ~253
VS.
CIIERRY. M.D.
SUBPOENA TO PROOt.O; ~NTS OR--TI:11Jm
FOR 0 I sooyERY PrnSUANT TO RlJL.E 4009, 22
TO: CUSTODIAN OF RP.CORIlIl FOR: CARJ.ISLP. 1I051'ITAJ.
(Neme of Person or Ent ity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
prO<ilce thll following docunents or things: 51'" A'I"rA('IIF1l
----
----.-
lit ..XlI'" I."'~ "Dom'. IN!;' . 1601 ~Wf-S1REE'l'-l;UI-TIWlOa--PlJH.Al)llbPH-h\oPA.19IeJ
(Address)
You may del iver or mall legible copies of the docunents 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 advlll1C1:l the reasonable
cost of preparing the copies or producing the things sought.
I f you fail to prO<ilce the docunents or things required by this subpoen'1 within twenty
(20) days after its service, the party serving this subpoena rray seek a court order
carpel I ing you to carply with it.
THIS SUBPOENA WAS ISSUED AT THE REQU!ST OF THE FOLLQIIINa PERSON:
NAt-E: JOliN ZDANOWICZ
ADDRESS: 777 EAST PARK DRIVE
rUlRRI~R~~~~A. 17105
TELEPHONE:~) 246-0900
SU"REr-E CXlUlT I D II
ATTORNEY FOR:
DATE:
JuR., IS+\<I I Iqq 8
Seal of the Court
(Eft. 1/97)
",,,,,
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
CARLISLE HOSPITAL
246 PARKER ST.
PO BOX 310
CARLISLE, PA 17013
nE: 63317
DOl TY PRICE
Any and all records, correspondence, files and memorandums, handwritten
noles. relaling 10 any exanllnalion. consultation care or lreallncnl.
Dates Re1luested: up to and inclnding the present.
Subject: DOTI'Y PRICE
512 S. l'l1T STnEET, CARLISLE, I'A 17013
Social Security #: 225.06.3499
Date of Birth: 03.10.59
SU10-l/.6891, 63317 -LC 1
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF.
COURT OF COMMON PLEAS
DOTTY PRICE
TERM, 0000
-VS-
CASE NOI 97-6253
CHERRY, M.D.
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009,22
MCS on behalf of PETER J. CURRY, 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, 7/28/98
PETER J. CURRY, ESQUIRE
Attorney for DEFENDANT
DEII-050627 63317-L02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
III THE MATTER OF. COURT OF COMMON PLEAS
DOTTY PRICE TERM, 0000
-VS. CASE NOI 97-6253
CUERRY, M,D.
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
CARLISLE UOSPITAL MEDICAL
MILTON HERSUEY ~~DICAL CENTER MEDICAL
TO. NEIL ROVNER, ESQUIRE
MCS on behalf of PETER J, CURRY, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice, You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If 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. 7/09/9B
MCS on bahalf of
,
PETER J. CURRY, ESQUIRE
Attorney for DEFENDANT
CCI JOHN ZDANOWICZ
PETER J. CURRY, ESQUIRE
. 333096 01,02
-' 333096 01,02
Any questions regarding this matter, contact
THE MCS GROUP, INC,
1601 MARKET STREET
#BOO
PHILADELPHIA PA 19103
(215) 246-0900
DE02-06B667 633J..7~C02
(XM-IJNWt:AIIl'n CF PfloINS'iLVlINIA
<nlNl'Y' OF OJMBmll\ND
DOTTY PRICE
Fi Ie No. 97-6253
VS.
CIIERRY, M.D.
SUBPOENA TO PR<nlCE lXlCU1:NTS OR nl' NGS
FOR D I SCXlVERY ~SUANT TO RULE 4009. 22
TO:
CUSTODIAN OF RECORDS FOR: MILTON IIERSIlk.'Y MEDICAL CENTER
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
SEE A'f'fAClIlill
produce the following docunents or things:
!It
TilE MCS GROUP, rNC.. 1601 MARKET STREETSUiTE BOO l'IIII.ADELPIIIA.I'A.I910J
(Address)
You may deliver or mail legible copies of the docunents or produce things requested by
this subpoena, together with the certificate of carp I iance, to the party mak ing 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.
I f you fail to produce the docunents or th ings required by this subpoen'l within twenty
(20) days after its service, the party serving this subpoena Il'aY seek a court order
carpe 11 ing you to CCfT1J ly with it.
THIS SUBPOENA WAS ISSUED AT lHE REQUEST OF lHE FOLLCYlIOO PERSON:
NAME:____ JOliN ZDANOWICZ
ADDRESS: 777 EAST PARK DRIVE
~~~PA. 17105
TELEPI-f:)NE: (215) 2/.6-0900
SLflRE'J'E ~T I D II
ATTORNEY FOR:
DATE:
d~ 8~n \qq<6
Seal of he eourt
BY lHE ~T:
~ vrtL~ k, \ '~
Prothonotery/CI erk, ivi 1 Division
\. l1la (\,"V\&Mrno..nn J)~
Deputy
(Eff. 1/97) ,
EXPLANATION OF REQUIRED RECOlmS
TO: CUSTODIAN OF RECORDS FOR:
MILTON HERSHEY MEDICAL CENTER
50U UNIVERSITY DR
P.O. BOX 850
HERSHEY, PA 17033
RE: 63317
DOTrY PRICE
Any and all records. eurrespondenee, files IInd memurandums, hlllldwrillen
noles, relaling luany exammatiun, eunsullalion l'"re ur lrealmenl.
Dates Requested: up to anr! iucluding the pl'esent.
Subject: DOTrY PRICE
512 S. PITT STREET, CARLISLE, I'A 17013
Social Secul'ity #: 225.06-3499
Date of Birth: 03-10-59
SUIO-11,6896 633:L7-L02
,
,
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
Plaintiffs
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 97-6253 CIVIr, TERM
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C.,
Defendants
JURY '!'HIM, DEMANDED
~lF~QATJL91_QERVICB
I, Lois E. Stauffer, an employee of the law firm of Angino &
Rovner, P.C., hereby certify that a true and oorrect copy of the
foregoing PLAINTIFFS' NOTICe or DBPOSITION TO DEFENDANT STEVEN B.
CHBRRY, H.D. was served upon tho following person by first-class
United States mail, postage prepaid on August 26, 199B, as follows:
Peter J. curry, Esquire
THOMAS, TIIOMAS , HAFEn
305 North Front street
sixth Floor, P.O. Oox 999
Harrisburg, PA 1710R
CounsGl for Dofondantl'l
':A~K <1, t: ".Jith(#1
'Lois E. stauffer I '
123260/LBS
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DOTTY N, PRICE and EMMETT W,
PRICE, har husband,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97.6253 CIVIL TERM
STEVEN B. CHERRY, M.D" and
CARLISLE WOMEN'S CARE, P.C.,
Dafandants
JURY TRIAL DEMANDED
ORDER
AND NOW, this
day of
, 1999, upon consideration of
Plaintiffs' Counsel's Motion to Withdraw es Counsel for Plaintiffs, said Motion Is GRANTED.
Plaintiffs are given sixty (60) days In which to obtain now counsel and hava naw counsal
anter an appaaranca.
, By the Court:
J.
DOTTY N. PRICE and EMMETT W,
PRICE, her husband,
Plaintiffs
v.
STEVEN B, CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P,C..
Defendants
AND NOW, this
to";
': IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97-6253 CIVIL TERM
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
.:r~
day of.Jtme, 1999, a Rule is issued to Plaintiffs to show
cause why Angino & Rovner, P.C. should not be permitted to withdraw as counsel.
RULE RETURNABLE
/~
DAYS AFTER SERVICE.
BY THE COURT:
Pi J.
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DOTTY N. PRICE ond EMMETT W.
PRICE, her Ilusband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
v,
NO. 97.6263 CIVIL TERM
STeVEN B. CHERRY, M.D.. end
CARLISLE WOMEN'S CARE, P.C"
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' COUNSEL'S MOTION TO WITHDRAW
PLAINTIFFS' COUNSEL, Anglno & Rovner, P,C" hereby moves to withdraw as counsel
for tho Plaintiffs In tha above-captioned action, and in support of the Motion, avers as follows:
1 . This Is a medical malpractice case arising out of injuries suffered on
September 1 a, 1996, by Plaintiff, Dotty Price, willie undergoing a total vaginal hysterectomy
performed by Defendant Steven B. Cherry, M.D.
2. Plaintiffs' counsel flied a Complaint In tllis matter on November 6, 1997.
3. Plaintiffs' counsel cannot represent tile Plaintiffs in tllis metter.
4. Plaintiffs' counselllas reviewed the reasons very carefully with Plaintiffs and
Plaintiffs understand tho,se reasons,
5. Plaintiffs' counsel has instructed Plaintiffs to retain new counsel to represent
them In this matter and believe that Plaintiffs are In the process of seeking alternative
representation.
6. Plaintiffs' counsel Informed Plaintiffs that a motion to withdraw would be flied
In this matter.
7. Plaintiffs' counsel requests that this Honorable Court provide Plaintiffs an
opportunity to obtain new counsel.
152132/LES
8, This coso Is not currontly listed for trlol. has not provlously boen listed for trlel,
and the Plaintiffs obtaining new counsol will not projudlco tho Dofendants,
WHEREFORE, Plaintiffs' counsol prays that this Honoroble Court ell ow Angino &
Rovner, P.C. to withdraw es counsol of record on bahalf of the Plaintiffs end to permit the
Plaintiffs a parlod of not loss then sixty 1601 day~ to obtain substitute counsel.
Respectfully Submitted.
ANGINO & ROVNER. P,C.
_Q/l0~J
David S, Wisneski, Esquire
I,D. NO. 58796
4503 North Front Street
Harrisburg, PA 17110
Counsal for Plaintiffs
Dated: June 29. 1999
CERTIFICATE OF SERVICE
I, Lois E. Stauffer, an employee of the law firm of Angino &
Rovner, P.C., hereby certify that a true and correct copy of the
foregoing PLAINTIF~S' COUNSEL'S MOTION TO WITHDRAW was served upon
the following person by first-class united states mail, postage
prepaid on June 29, 1999, as follows:
Peter J. Curry, Esquire
THOMAS, THOMAS & HAFER
305 North Front street
sixth Floor, P.O. Box 999
HarriBburg, PA 17108
Couns~l for Defendants
VIA CERTIFIED MAIL. RETURN RECEIPT REOUESTED
Mr. and Mrs. Emmett W. Price
512 South pitt street
Ca~lisle, PA 17013
7A~/~ f ' Hp/)
Lois E. Stauffer
DOTTY N. PRICE and EMMETT W,
PRICE, her husband. ,
Plaintiffs
v.
STEVEN B. CHERRY. M,D., end
CARLISLE WOMEN'S CARE, P.C..
Dafendants
2. Plaintiffs ara glvan sixty (60) days to obtain naw counsel. All proceadings shall
.~.,. ..J~,."
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 97-6253 CIVIL TERM
JURY TRIAL DEMANDF.D
I
QRDER
AND NOW, this _ I~~ day of ____-'-~C~m__' 1999. upon consideration
of Plaintiffs' Counsel's Motion to Withdraw as Counsel of Record and no party having
objactad. it Is hereby ORDERED:
1. The Motion of Angino & RovnDr, P.C" to withdraw as counsel for Plaintiffs Is
GRANTED.
be stayed In the Interim.
BY THE COURT:
-~
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DOTTY N, PRICE and EMMETT W,
PRICE, har husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
v.
NO. 97.6253 CIVIL TERM
STEVEI~ B, CHERRY, M.D" end
CARLISLE WOMEN'S CARE, P,C.,
Defendents
JURY TRIAL DEMANDED
PLAINTIFFS' COUNSEL'S MOTION TO MAKE fl!.lI,!: ABSOLUTE
AND NOW. comes Angino & Rovner, P,C.. end hereby prays Your Honorable Court to
make Absolute Its Rule to Show Cause Why Anglno and Rovner should not be permitted to
Withdraw as Counsel on behalf of Plaintiffs Dotty N. Prlca and Emmett W. Price for the
following reasons:
1. On or about June 29, 1999, Anglno & Rovner filed a Motion to Withdraw as
Counsel of Record for Plaintiffs in tha above-captioned case, (See, Motion ettached hereto
as Exhibit "A".I
2. On July 6, 1999, the Court signed a RlIle to Show Cause which was served by
certified mall on Pleintlff on July 12, 1999 end on Defendants on the same date.
3. On August 2, 1999 another copy of the Rule to Show Ceuse was forwarded
to the Plaintiffs first class mall as the certified mall that was previously forwardad to Plaintiffs
was sent back to counsel as undeliverable.
4. Plaintiffs' counsel discussed the Rule with them and they understand that
Plaintiffs' counsel is withdrawing as their counsel and they need to seek now representation.
5. The Rule to Show Ceuse was made returnable fifteen (15) days from servlca.
The Rule wes, therefore, returnable on August 17, 1999.
6. It Is now September 9, 1999, and neither Pleintlffs nor Defendants have flied
a response to the Rule to Show Cause.
155129/LES
WHEREFORE, Anglno & Rovnor, P.C., proys Your Honorable Court to maka Absoluta
the RlIle to Show Causa and that the Ordor oltuchod horato be oxocutad by the Court for
service upon Plslntlffs and Defendonts.
DATED:. September 9, 1999
Respectfully tlubmilted,
ANGINO & ROVNER, P.C.
Mu
David S, Wlsnoski, Esquire
I.D. No. 58796
4603 North Front Street
Harrisburg PA 17110
(717) 238.6791
, '
2.
DOTTY N. PRICE and EMMETT W,
PRICE, har husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 97.6253 CIVIL TERM
v.
STEVEN B. CHERRY, M,D., and
CARLISLE WOMEN'S CARE, P.C.,
Defendents
JURY TRIAL DEMANDED
ORDER
AND NOW, this
,
day of
, 1999, upon consideration 01
Plaintiffs' Counsel's Motion to Withdrew as Counsellor Plaintiffs, said Motion Is GRANTED.
Plaintiffs are given sixty (60) deys In which to obtain new counsel and have new counsel
enter an appearance.
By the Court:
'I
I
I,
J.
J,
DOTTY N. PRICE and EMMETT W,
PRICE, har husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
v,
NO, 97-6253 CIVIL TERM
STEVEN B. CHERRY, M.D" and
CARLISLE WOMEN'S CARE, P,C"
Defendants
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this
day of June, 1999, a Rule is Issued to Plaintiffs to show
causa why Anglno & Rovner, P.C. should not ba permitted to withdraw as counsel,
RULE RETURNABLE
DAYS AFTER SERVICE.
BY THE COURT:
DOTTY N. PRICE and EMMETT W.
PRICE, har husband,
Plaintiffs
IN THE COURT OF COMMON Pl.EAS OF
CUMBERLAND COUNTY, PENNSYl.VANIA
CIVIl. ACTION - LAW
v.
NO, 97-6263 CIVIL TERM
STEVEN B, CHERRY, M.D., and
CARLISl.E WOMEN'S CARE, P.C"
Dafandants
JURY TRIAL DEMANDED
fLlMNIlFFS' COUNSEL'S MOTION TO WITHDRAW
PLAINTIFFS' COUNSEL. Angino & Rovner, P.C., hereby movas to withdraw as counsal
, ,
for tha Plaintiffs In the above-captioned action, end In support of tha Motion, avers as follows:
1. This is a medical malpractice case arising out of Injuries suffered on
,
Septembar 16, 1996, by Plaintiff, Dotty Price, while undergoing a total veginal hysterectomy
performed by Defandant Steven B. Cherry, M.O.
2. Plaintiffs' counsel flied a Complaint In this matter on November 6. 1997.
3. Plaintiffs' counsel cannot represent the Plaintiffs in this matter.
4. Plaintiffs' counsel has reviewed the reasons very carefully with Plaintiffs and
Plaintiffs understand those raasons.
6. Plaintiffs' counsel has Instructed Plaintiffs to retain new counsel to represent
them In this matter and beliave that Plaintiffs are In the process of seeking alternative
representation.
6. Plaintiffs' counsel Inform ad Plaintiffs that a motion to withdraw would be filed
In this matter.
7. Plaintiffs' counsel requests that this Honorable Court provide Plaintiffs an
opportunity to obtain new counsel.
152132/LES
. '
8. This esse Is not currently listed lor trial, has not previously been listed lor trial.
and the Plalntllls obtaining new counsel will not prejudice the Delendents.
WHEREFORE. Plalntills' counsel prays thet this Honoreble Court ellow Anglno &
Rovner. P.C, to withdrew es counsel 01 record on behalf 01 the Pleintllls ond to permit the
Plaintills e porlod 01 not lass than sixty (60) deys to obtain substitute counsal.
Respectfully Submitted.
ANGINO & ROVNER. P.C.
J)./L{)~J
David S. Wisneski. Esquire
1.0. NO. 68796
4503 North Front Street
Herrlsburg, PA 17110
Counsellor Pleintllls
Dated: June 29, 19~9
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 97.6263 CIVIL TERM
DOTTY N. PRICE and EMMETT W,
PRICE, her husband,
Plaintiffs
STEVEN B, CHERRY, M.D.. and
CARLISLE WOMEN'S CARE, P.C.,
Defendants
JURY TRIAL DEMANDED
AFFIDAVIT
I, David S. Wisneski, Esqulra, depose end sey thet I am en attorney employed by the
law firm of Anglno & Rovner, P.C. I em licensed to practice before the Supreme Court of
Pennsylvania. All facts set forth In the foregoing Motion are based upon my personal
knowledge, end thay ere trua end correct.
ANGINO & ROVNER, P.C.
,
Deted: to - f). 'l- '19
())L{iL~
Devld S. Wisneski, Esquire
Sworn to end subscribed before me
this .J. 9+h deyof JUri. R
,1999.
"1'Y\.U'lOJl Q -(( ~ I n Cu\(I)
Notery Public
NOfAIW IIAI.
MIOAH .. ..will, ........, MIle
.......,.. ....,Invd<< Coulli)'. ".
M,o c.m. I I - bjlII'oo Moy7 2001
I'
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I
CERTIPICATE OP SERVICE
I, Lois E. stauffer, an employee of the law firm of Angino &
Rovner, p.e., hereby certify that a true and correct copy of the
foregoing PLAINTIFPS' COUNSEL'S MOTION TO WITHDRAW was served upon
the fOllowing person by f irst-clasf!3 United states mail, postage
prepaid on June 29, 1999, as follows:
Peter J. curry, Esquire
THOMAS, THOMAS & HAFER
305 North Front street
Sixth Floor, P.O. Box 999
Harrisburg, PA 17108
Counsel for Defendants
VIA CERTIFIED HAIL. RETURN RECEIPT REOUESTED
Mr. and Mrs. Emmett W. Price
512 South Pitt Street
Carlisle, PA 17013
7A~,~ f. NU-1
Lois E. Stauffer
"
"
II'
CERTIFICATE OF SERVICE
I, Lois' E. Stauffer, an employee of the law firm of Angino &
Rovner, p.e., hereby oertify that a true and correct copy of the
foregoing PLAINTIFFS' COUNSEL'S MOTION TO MAKE RULE ABSOLUTE was
served upon the following persons by first-class United states
mail, postage prepaid on September 9, 1999, as follows:
Peter J. curry, Esquire
THOMAS, THOMAS & HAFER
305 North Front Street
sixth Floor, P.O. Box 999
Harrisburg, PA 171GB
Counsel for Defendants
VIA CERTIFIED MAIL. RETURN RECEIPT REOUESTED
Mr. and Mrs. Emmett W. Price"
512 South pitt street
Carlisle, PA 17013
ld ." ~
i11cu..0 t " -
Lois E. Stauffer
.
DOTTY N, PRICE nnd EMMETT W,
PRICE. hcr hushnnd,
Pluintiffs
: IN TIlE COllIn OF COMMON PLEAS OF
: ClIMBERLAND COUNTY. PENNSYLV ANIA
: CIVIL ACTION- LAW
v.
STEVEN fl. CI /ERR Y, M.D.. nnd
CARl.ISLE WOMEN'S CARE, P.C.,
Dclcndnnts : JlIRY TRIAL DI':MANDED
: NO, 97-6253 CIVIL TERM
IUI L1~
AND NOW this
2 ~. day of
ya.....Il44...'
I
. 2000" upon
considcratiOJl of thc within Motion of Defcndants. n Rulc is hcrchy issucd upon thc Plaintiffs to
show cnusc why the relicf requcsted should not bc gl'Unted.
Rule rcturnnble ~_ days allcr servicc hercof.
BY TIlE COURT.
~ ;rnoJJ.
/ - ,<.j.()O
RKS
J.
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THOMAS, THOMAS & I/AFlm, UP
By: Peter J. Cllrr)', I:',I"/II/re
I/)ENTlFlCA l'1ON NO. /{lfI]]
.11I5 NII"/, FI'II'" Street
P. 0, IJllx 999
/lr"r/,I'hllrN. I'A 17/f1N
(7/7)]jj',7ft.J7
tlttll",ey /IIr De/elll/mlf,I'
DOTTY N. PRICE und EMMETT W,
PRICE. her husband,
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COlINTY.PENNSYLVANIA
Pluintlffs
: CIVIL ACTION - I.A W
v,
: NO. 97-6253 CIVIL TERM
STEVEN D, CHERRY, M,D., und
CARLISLE WOMEN'S CARE, P.C.,
DdCndunls : JURY TRIAL DEMANDED
MOTION OF I>EFENI>ANTS TO COMI'EL
PLAINTIFFS' nESI'ONSF;S TO EXl'EnT INTEIUWGATOIUES
the followiog:
AND NOW eome the Defendants Steven Il, Cherry. M,D" and Curl isle Women's Care,
P.C., by and through their attorneys. Thomas. Thomas & flafer, LI.P. to request this Honorable
Court to direct Plaintiffs to respond to Deli.'l1dants' Interrogatories within thirty (30) days or
suffer sanctions pursuant to Pennsylvania Rules of Civil Procedure, This Motion is based upon
1. This action was Initiated by COlllplaint on or about Novcmber 6, 1997.
2. Interrogutories, which included "expert" Interrogatories. were served on Plaintiffs
and their counselor about January 28.1998, and ure attached hereto as Exhibit "A".
3. Plaintiffs' counsel, Angino & Rovner, P.C.. liIed u Motion to Withdraw a.~
Counsel on or l1bout June 29. 1999.
4. Thl~ Ilonorublc Court cntcrcd un Ordcr on Scptcmbcr I (I, IlJlJlJ. grunting thc
Motion of Angino & Rovncr. P,c'. to withdruw us counsel IiII' Ill<: Pluintiffs und providcd
Pluillliffs sixty (60) duys In which to obtuin ncw counscl. (Suid Ordcr is uUuchcd hcreto us
bhibit "IV'.)
5, To dutc, PluintilI~ have not obtaincd ncw counscl.
6. On Novcmbcr 16, \lJlJlJ. thc undcrsigncd counsel IiII' Delcndunts scnt
corrcspondcncc to thc Pluintiffs rcqucsting unswcrs to Intcrrogatorics und ulso cncloscd u
Prucclpc to Discontinuc for their sign:lturc, (Said Novcmbcr 16, IlJlJlJ. corrcspondencc is
ullachcd hcrcto us Exhibit "C".)
7. Buving rccelvcd no rcsponsc fromthc Plaintiffs to thc Novembcr 16. IlJlJ9. ICllcr,
thc undcr~igncd counsel li)r lklcndants uguin wrotc to thc Plaintiffs on Dcccmbcr 21. IlJlJlJ.
rcqucsting answcrs to Intcrrogatorics or the signcd Praeclpc to Discontinuc, (Said Dccember 21,
IlJlJlJ, corrcspondcnce is auachcd hcrcto as Exhibit "D".)
8, To dntc, thc Plaintiffs have not supplied answers to the Interrogutorics, nor have
thcy rcturncd the Pracelpe to Discontinuc to dclcnsc counsel.
9. Thc Dclcndants arc entitlcd to know the id.:ntity of the witnesses that Plaintiffs
intend to call at trial, including thc idclllity of Plaintilr~' expert witnesses, They arc also entitled
to know the opinions held by those expert witncsses. as wel\ns the busis lor those opinions.
Thclr "expert" Interrogutorics furthcr inquire us to whcthcr or not PluintilI~ have obtuined any
wilness stutements, recordings, or mcmorund:1. Said Intcrrogutories further requcstthe identity
of all health care providers of Pluinlifl~wifc, ulong with a generul health history. Finally, said
2
"
';'
Interrogutories requestthut I'lulntifls identify the exhihits to be used ut the time of triul. All of
this infllrlllution is c1eurly neeessury to the prepul'Ution of the moving Defendunts' defense.
10. I'luintilTs' fl\lIure to respond 10 the discovery efforts of the [)efendunts, obtain new
counsel on their own behalf. or respond to Defendants' requests utullure c1eurly prejudicial to
Dr. Chcrry und Curlisle Women's Cure, I'.C" in that they inhibit their ability to prcpare thcil'
dclense in a timely fashion.
WHEREFORE, Dcfendunts rcspcctfully requestthutthis 1I0norublc Court cnter an Order
compclling thc Plaintiffs to fully and completely unswer the Interrogatories within thirty (30)
days or suffcr sanctions in accordance with the Pennsylvania Rulcs of Civil Proccdurc upon
subsequenlmotion on behalf of Dcfendants, Dr. Cherry and Carlisle Women's Care, P.C,
Respectfully submitted,
(
THOMASJO:AS :/:IAFER, LLI'
", " / ,/ '
.~. .. ,..- / ,-
. ,:::>>4. //?,
PETER J. J2UI,lR Yo' ESQUI .
AttornP'flor Defendlll
DOTTY N. PRICE and EMMETT W.
PRICE, her husband,
Plaint.ifflJ
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
NO. 97-6253 civil Term
STEVEN B. CHERRY, M.D., and
CARLISLE WOMEN'S CARE, P.C.,
D$fendant::o
,JURY 'l'RIAL DEMANDED
INTERROGATORIES
TOI Dotty N. Price and Emmett W. PriO:l, Plaintiffs
c/o David S. Wisneski, Esquire
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
PURSUANT TO THE PROVISIONS OF Pa, R,C.P. 4005 and 4006, as
amended, you are required to file the original and serve a copy on
the undersigned of your answers and objections, if any, in writing
and under oath, to the following Interrogatories within thirty (30)
days after service of the Interrogatories.
The answers shall be inserted in the spaces provided following
each Interrogatory. If there is insufficient space to answer an
Interrogatory, the remainder of the answer shall follcw on a
,
supplemental sheet.
These Interrogatories shall be deemed to be continuing in
nature in accordance with the provisions of Pa. R.C.P. 4007.4, as
amended. If, between the time of filing your original answers to
these Interrogatories and the time of trial of this matter, you or
anyone acting in your behalf learn the identity and location of
additional persons having knowledge of discoverable facts and the'
identity of persons expected to be called as expert witnesses a~
trial not disclosed in your answers or if you or an expert witness
obtain information upon the basis of which you or he knows that an
,DE;~rr8
I, '
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answer was incorrect when made, or knows that an answer through
correct when made is no longer tl'U'!' then YOll shall promptly
suppl'~rnent your original answ'~rs undor oath to includ,~ such
information thereafter acquired and promptly furnish such a
supplemental answer on the undersigned.
THOMAS, THOMAS & HAFER
By
Peter J. Curry
305 North Front Street
P. O. Box 999
Harrisburg, PA 1710B
I , D. No, 16622
Attorneys for Defendants,
Steven 8. Cherry, M,D. and
Carlisle Women's Care, P,C,
DATED I I ;.;}g-9'6
1. Stat~ your full name, datl~ and place of birth, social
,
security number and current addreuu.
ANSWER:
2. State the names, addresses and ages c~ Plaintiff's
parents, spouse, any former spouse (5) and children, whether natural
or adopted, and whether or not any of those listed are dependent
upon Plaintiff for their maintenance.
ANSWER:
3. State the name and address of each school, college or
educational institution attended by plaintiff (s), listing the dates
of attendance, the courses of study, and any degrees or
certificates received.
ANS~IER :
,I. ror the ten (10) y',am immediately preceding th<1 dato
of the incident referred to in the complaint, state the names and
addreases of each of your employers and the dates of comn~ncement
and termination of each such sourc., of employment, a detailed
description of the services perfurmed for each source of
emplo~nent, your average weekly wages or earnings from each place
of employment / whether a phys ieal exam was required / and if so, the
date, place and person giving the physical exam/ whether you made
any representations in writing or answered in writing any questions
1
concerning your physical condition, and the name of your immediate
foreman or superior to whom you were responsible at each place of
employment.
'I
ANSWER:
S. If you have lost any time from your business or
occupation since the incident referred to in your Compl<:'.'int, state
the cause of such loss of time, the number of days lost and the
dates, the amount of any wages or income lost, whether a claim was
filed for these lost wages and the name and address of the agency /
person, state or government who, made such payments to you.
ANSWER:
6. If you hav'J ';Y'Jt' received any disability p'::nsion,
income or insurance, including social security benefits and
workmen's compensation, from any agency, company, person,
corporation, state or government, state the office through which
you filed your claim, the nature of any such payment and the
date (s) received, from what injuries or di:Jability you r.eceived
payment, and the length of time of such disabili ty.
ANSWER:
7. If you filed income tax returns with the Director of
Internal Revenue for any of the past five (5) years or with any
state tax authority or department, state the office of the Director
of Internal Revenue with which each return was filed, the amount
reported in each return as ear.ned income, the years for which filed
with the Director of Internal Revenue, the state tax authority or
authorities with whom such returns were filed, the years for which
filed with such state tax authority, the amount of tax shown to be
due on each return, and please attach a copy of your federal income
tax returns for the past five (5) ye~rs.
ANSWER:
8, If you have ever at any tim,~ filed suit other than
the instant ~ction for damages for personal injury Buffered by you,
please state the complete caption of each ouch suit, the identity
of the Court in which the suit was filed, the term and number of
samn, the nature of the injuries alleged in each suit, the period
during which you were disabled, and if the suit has been
terminated, state the results of the trial or settlement including
the amounts of each recover or settlement.
ANSWER:
9. List all hobbies and forms of recreation in which
Plaintiff (s) participated in the ten (10) years preceding the
incident referred to in Plaint.iff's Complaint and whether Plaintiff
is prevented from participating io any such activities due to the
incident referred to in the Complaint.
ANSWER:
10, State whether Plaintiff was ever in the Armed
Services, and if so, give the branch of service, rank at discharge,
serial number, dates of duty, and whether Plaintiff had any claim
or was receiving benefits for any infirmities from such service.
ANSWER:
11, If you have ever suf fered any inj udes in any
accident either prior to 01' sllb~J,]qU8nt to the incident referred to
in the Complaint, state the date and pl.ace of such injury, a
detailed description of all the injuries you received, the names
and addresses of all physicians, surgeons, osteopaths,
chiropractors, or other medical practitioners rendering treatment,
and if any permanent disability was suffered, the nature and extent
of the permanent disability.
ANSWER:
12.. If you have ever had any illness, sickness, disease,'
or surgical operations, other than the common cold, either orior .!;Q
or subseaueni to the incident referred to in the Complaint, state
the date and place, a detailed description of your symptoms, names
and addresses of any hospitals rendering treatment, names and
addresses of all physicians, surgeons, osteopaths, chiropractors,
or medical practitioners rendering treatment, approximate date of
your recovery, and if you did not recover fully, the date your
condition became stationary and a description of your condition at
that time.
ANSWER:
13. If you have ever entered or been committed to any
institution, either public or private, for the treatment or
observation of mental conditions, alcoholism, narcotic addiction,
or disorders of any kind, state the name and address of such
institution, the length and dates of your stay, the purpose or
reason for your entry into such institution, the names and
addresses of any doctors who treated you for such condition.
ANSWER,
14. If Plaintiff was suffering from any ,illness or
injury when he/she consulted the Defendant; give a description of
any such illness or injury, the date decedent first br.cill'l1e aware of
it, a description of the information Plaintiff gave Defendant about
such illness or inj ury, whether prior to consulting Defendant,
Plaintiff consulted and/or was treated by any other medical
practitioner about such illness or injury and the date, name and
I
address of any treating medical practitioner.
ANSWER,
15. Describe the extent to whi.ch Plaintiff regularly
used any medication, specifying the type, purpose and frequency.
ANSWER:
I
16. What are the circumstances which led Plaintiff to
become a patient of the Defendant(s)?
ANSWER I
17. For each injury you claim to have suffered as a
result of the Defendant(s) negligence, please state its nature and
extent, the date it was caused, a description of how it was caused,
on what facts you base your contention that it/they were caused by
the negligence of the Deferidant(s), when and how you first learned
that you had sustained the injury, the name, address, relationship
and job title or occupation of the person who informed you, the
name, address, relationship and specialty of the person(s) who
diagnosed each injury, and the name, address, relationship and
specialty of each person who indicated to you that any act or
omission of the Defendant(s) caused the injury.
ANSWER:
10. With reference to the ~lleg~tionD of negligence in
Plaintiff's Complaint, ple~lJe stat,~ thq ~ct/3 for commIssion ~nd/or
omission which will be cl~il11ed to constitute negligence, what
reasonable and proper steps,
procedures and practices the
Defendant(s) failed to take or follow, what treatment or attention
you will claim constituted the usual and accepted standards of
treatment then and there existIng which ere not complied with by
Defendant (s), and how each alleged act or negligence caused the
injuries claimed by the Plaintiff in this action.
ANSWER,
,
19. If any x-rays were taken of Plaintiff as a result of
the inj uries referred to in the Complaint, please state the part (s)
of the body x-rayed, the dates and places where the x-rays were
taken, names and addresses of the person(s) who ordered and took
the x-rays, the findings given in the reports of the x-rays, and
the present ,location,of any such original x-rays.
ANSWER,
J . P ..
20. Please identify in the followiny detail each person
whom the Plaintiff expects to call aD an expert ~itness at trial,
stating as to each person, the full name, home address, business
address, field of specialization, the Dubject matter on which the
expert is expected to testify, the substance of the facts and
opinions to which the expert is expected to testify and a summary
of the grounds for each opini,on (the anDwer or separate report must
be signed by each expert) I and the date when the expert was
initially contacted by Plaintiff, Plaintiff's counsel, or any
individual representing the Plaintiff or acting in any fashion on
behalf of the Plaintiff.
ANSWER:
"
21. As to each person whom you expect to call as an
expert witness at trial, please state:
(a) Whether any such p'lrson has ever had his or her
license to practice or privileges at any hospital
suspended, revoked, terminated or otherwise
restricted terminated or othet'wise or rendered
invalid and if so, state the date, location of
hospital if relevant, reason for any sanction and
current status of the expert's license and/or
hospital privileges;
(b) Whether any such expert has ever written or
contributed to any textbook, paper or article in
the area of his/her expertise and if so, state its
title, name and address of the publisher, date of
original publication and whether the text is
utilized in any professional school in the area of
the expertise involved;
(c) The textbooks, papers and/or articles which such
expert deems authoritative with reference to the
facts and opinions to which such person is expected
to testify and, as to each such publication, state
its title, author, edition or journal title and
date of publication;
(d) Whether the opinion of such e:<pert is based in
whole or in part on any scientific rule or
principal and set forth such rule or principal;
(e) If such e:<pert has testified in court within the
past five (5) yeClrs, d<1flcdbe the court involved,
set forth the cClption of the case, a description of
the type of CClue, nCln~ and addresu of the attorney
calling said expert au a witnessl and
(f) Whe:her any of the aforesaid witnesses belong to a
national consulting panel or sf.'It'vice, and.if SO,
give the namB and address of any such organization.
ANSWER;
22, Please state the names, home addresses, busine~s
addresses and job classifications of all persons whom you intend to
call as non-expert witnesses at the trial of this case.
ANSWER;
23. Have you or anYOJl'] acting on your boh'llf obt'lLrwd
from any witness or person includLng tho parties tQ this action,
any reports, statements, recordings, m'3I11oranda, Qr teotimony,
whether signed or not, and whether prepared by som,eon., other than
said person or witnesses or not, concerning the incident that is
the subject of this action or any claim or defense of any party to
this action? If so, as to each person, please state the name and
address of witness or person referred to, the date of taking or
making the same, name and address of person in whose possession the
same now is, name, address, employer and telephone number of person
making or taking the same, name, address and employer of the person
at whose request the sal11e was made or taken, and please provide a
photostatic copy or like-reproduction of s'.lch statement pursuant to
Pa.R.e.p. 4003.4.
ANSWER:
24. State the full name and last known address, giving
the street, street number, cLty and state of every witness known to
you or to YOllr attorneys who claim to have seen or heard the
Defendant(s) make any statement(s) pertaining to any of the events
or happenings alleged in your Complaint.
ANSWER:
25, With reBpect to '~<1ch individual whose nam() YGll have
given in the answer to the preceding Interrogatory, plcaoc state
the location(s) where the Defendant(s) made any sllch statements,
the name and address of the penlGlI (s) in whQo'J presence the
Defendant (s) made any such statement (s), the t im.J and date upon
which the De fendant (s) made any such statement, and the full name
and address of any other person who was present at the time and
place the Defendant Is) made such statement(s).
ANSWER:
26. If you or anyone acting on your behalf received any
medical, hospital or x-ray reports from any hospitals/physicians
concerning the injuries alleged to have been caused by the
examination, treatment or surgery upon which this action is based.
please state the date of each report, where and when each report
was received, the name and address of the person from whom each
report was received and the person who has custody or possession of
each report or any copies thereof. and whether each said report was
written or oral.
ANSWER:
27. Please itemize the damages you claim for med.ical,
hospital and home care expenses, f.inancial bills and related
expenses, lost earnings and any other damages other than earning
capacity and specify the nature of such damages. If Plaintiff has
retained any bills relating to the claimed expenses, please attach
copies to these Interrogatory Answers.
ANSWER:
28. List and describe all exhibits inte~ded to be
introduced at the trial of this matter.
ANSWER:
29. If you or any of your witnesses intend to use any
book, magazine, or other writing at the trial of this case, either
separately or by reference in testimony, then describe the writing
in detail as to title, author, publisher, copyright date, and give
the name and address of any known present custodian of said
writing.
ANSWER:
30. If you know of any atill or motion pictures, plans,
drawings, blueprints, IJketches or diagrama made other than by
counsel regarding this alleged occurrence or the site of this
alleged occurrence or your phyolcal condIt ion, pleaae otate the
nature of it, the date it was m,ld~J, the name, address and employer
of the person making or takIng it, and the name, address and
employe1=" or the person in whose possession it now is, and the name,
address and employer of the person at whose request it was made.
ANSWER:
31. If Plaintiff kept a diary, calendar or journal which
documents treatment received by any health care provider during the
time period of the incident alleged in Plaintiff's Complaint,
please attach copies to these Inl:errogatory Answers.
ANSWER:
32, Have any funds been expended by Medicare on ycur
behalf in connection with any of the injuries al~eged in
Plaintiff's ~omplaint7
,If your answer to this Interrogatories is "yes",
a) please identify such amounts.
ANSWER:
.')fP r :1 1"99
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DOTTY N. PRICE and EMMETT W,
PRICE, her husbend,
PllIintlfts
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
v.
NO. 97.6263 CIVIL TERM
STEVEN B. CHERRY, M.D., end
CARLISLE WOMEN'S CARE. P.C"
Defendanls
JURY TRIAL DEMANDED
ORDER
AND NOW. this
n;tf" day of -J~ft"...t~u
, 1999, upon consideration
of Plainlifts' Counsel's Motio" to Withdraw es Counsel of Record and no party having
objected. It Is hereby ORDERED:
1, The Motion of Angino & Rovner, P,C.. to withdraw es counsel for Plaintiffs Is
GRANTED.
2, Plaintiffs are given sixty (601 days to obtain "ew counsel. All proceedings shall
be stayed in the interim.
BY THE COURT:
/.5/ f<{.,..;~ CL. f,k...JJ
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(717) 255.7637
I'Jc@lthlnw.clll1l
Nowmber 16, 1999
Mr. Hnd Mrs, Emmell W. Price
512 Soulh Pitt Street
Carlisle, I' A 17013
RE: Price v. Cherry, M.I).. etlll.
Dear Mr. IInd Mrs. Price:
As you know, your ullorncy's Motion to Withdraw us counsel wus grunted by Judge Hess
in his Order of September 16. 1999. That Order furlher provided that ull pnlceedings in this
litigation were to be stayed Ilu 1I period of 60 days in order to permit you to obtulnnew counsel.
A copy of the Order is enclosed Illr your convcnience, Since the 60-day period hus now passed
and no new allorney has entered an uppearunce on your behal f, I U111 required to directly
communicate with you,
In January, 1998, I scrved your previous counsel, Allorney Dave Wisneski. with
Interrogatories (questions), A copy of thes,: 1r1lerrogatories is also enclosed for your
convcnlenee, Among other things. these Interrogatories arc directed at your nntieipated expert
testimony (Interrogatories 20 and 11), As Altorney Wisneski may have explained to you, expert
testimony in support of your case is a prerequisite to proceeding 10 trial in this malter.
Furthermore, the Pennsylvania Rules of Civil Procedure require that your expert witness bc
idcntilied prior to trial and that. among other things. his or her opinions. as well as thc basis for
those opinions be provided to delcnse counsel. lInder the circumstances, I mmtrequest that you
respond to the enclosed Intcrrogatories. in particular Interrogatories 10 and 1 I. within 30 days.
In the event you donol. I will be required to tile a MOlionto Compel with the Court.
In the event you have decided. Illr whalever reason. not 10 pursue this multer. I have also
enclosed u "Praecipe" (request) to discontinue the litil,!ation, whkh has bcen prepared for your
signatures, If you do not intend to pursue the mailer. I would appreciate it if you would sign the
,
,
.
.
MI'. ulld Mrs, Emmell W, Price
NUl'ell1her Ir" 1'1'1'1
Puge 2
Pruecipe ulld relum it lu Ille III the scJf-uddressed. slumped enwlupe provided. I wlllthell see
Ihullt is tiled with the CUUrl nnd thullhe muller is lermilluled. ,
Very truly yours,
TIIOMAS, THOMAS & HAFER, LLI>
lJy:
Peter J, Curry
P JC/kls
Euclosures
bee: John Zdanowicz
PMSLlC Clnilll No. 333096-01,02
Steven B. Cherry. M.D. .
"
, ,
"
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(717) 255.7m
pJc@lIhlnw.col1l
December 21, 1999
Mr, and Mrs, Emmell W, Price
512 South Pitt Street
Carlisle, PA 17013
RE: Price v. Cherry, M.n., ct III.
Dear Mr. and Mm. Price:
This is in follow-up to my correspondence of November 16, 1999, concerning the
Interrogatories (questions) which I served on your prior counsel. Dave Wlsoeski, Esquire, back
in Junuary of 1998, As I indicuted to you in my November correspondence, I mn in need of your
responses to those Interrogatories and, specifically, thosc Intcrrogatories directed ut your
anticipated expert testimony (Nos. 20 and 21). In the event I do not have your responses by
Thursday, January 20, 2000, a Motion to Compel will be tiled with the Court at that time,
As I indicated to you in November, if you have decided. for whatever reason. not to
pursue this multer, you clln sign the enclosed Praecipe to discontinue the litigation and return it
to me in the self-addres~ed, stamped envelope provided, I will then file it with the Court, whieh
will conclude the mntter,
I
Very truly yours,
THOMAS, THOMAS & HAFEn, LLI}
l3y:
PJC/kls
Enclosures
Peter J, Curry
75 I 07,2
',D,,),!!!!= NIl: ,If,~ ,
I'~
ClmTIFICATE 01<' SEltvlCE
I, Kuthy (., Sitler. un employee of the law ofliccs of Tholllas. Tholllas & Iluler, LLP. do
hereby eerllfy thut I did serve u true and correct copy of the I<lI'egoing docul11ent by sending
sallle vlu United Stules certll1ed mull. return receipt rcquestcd. us !llllows:
Mr. und Mrs, Emmcll W. Price
512 South Pill Slreet
Carljsle, P ^ 17013
Date:
/-/9-("\0
( / J ' \ /'
I'?U/;, " '/
KATHY J1. SITLER
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DOTTY N, PRICE unci
EMMETT W. PRICE,
her husband,
Plaint if fs
LN 'llm COURT OF COMMON PLEAS OF
CUMm:RLAND COUNTY, PENNSYLNANL!\
CIVIL ACTION - [,!\W
v
I NO. 97-6253 CIVIL TERM
STEVEN B, CHERRY, M.D.,
and CARLISLE WOMEN'S
CARE, P.C.,
Defendants
JURY TRIAL D8MANDED
IN REI DEFENDANTS' MOTION FOR SANCTIONS
QJillF.R OF COURT
AND NOW, this 2Bth day of April, 2000, this matter
having been called for hearing on a discovery issue, and
the parties having appeared, by stipulation and agre'ement
this matter is marked dismissed and discontinued with
prejudice,
By the Court,
Mr, and Mrs. Emmett W. Price
Plaintiffs
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RKS
Douglas B. Marcello, Esquire
For the Defendants
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