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Home My WebLink About03-0343NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SHEILA K. SLATER, Plaintiff v. BARRY B. MOORE, M.D. and, HOLY SPIRIT HOSPITAL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW .. : NO. 2003 - -~ ~/~_~ CIVIL TERM _. : JURY TRIAL DEMANDED PRAECIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY: Please enter my appearance on behalf of the plaintiff and issue a writ of summons upon the defendants. The defendants are: BARRY B. MOORE, M.D. NEUROLOGICAL SURGERY, LTD. 920 CENTURY DRIVE MECHANICSBURG, PA 17055 HOLY SPIRIT HOSPITAL 503 NORTH 21sT STREET CAMP HILL, PA 17011 ~~~~, ~QUIRE S/~lSre[~:;ourt ID. # 87380 35-EaSt High Street, Suite 201 / 202 Carlisle, Pennsylvania 17013 (717) 243-6090 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS SHEILA SLATER Plaintiff Vs. BARRY B. MOORE, M.D. NEUROLOGICAL SURGERY, LTD 920 CENTURY DRIVE MECHANICSBURG, PA 17055 AND HOLY SPIRIT HOSPITAL 503 NORTH 21sT STREET CAMP HILL, PA 17011 Defendant Court of Common Pleas No. 03-343 In CivilAction-Law To BARRY B. MOORE, M.D. AND HOLY SPIRIT HOSPITAL You are hereby notified that SHEILA K. SLATER the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date 1/22/03 Attorney: Name: NATHAN C. WOLF, ESQUIRE SUPREME COURT ID # 87380 Address: CURTIS R. LONG Prothonotary v/- -Deputy ' 35 EAST HIGH STREET, SUITE 201/202 CARLISLE, PA 17013 (717) 243-6090 SHEILA SLATER, Plaintiff BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-343 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of defendant connection with the above-captioned matter. Holy Spirit Hospital, only, in Date: January 30, 2003 By: ME~ .F~, E~A~ S & WOODSIDE, P.C. i~a;gl~'~°nel ~qmre No4hFr, 3401 d~nt Street isbu~g, Harr: ~ !7110 7i7-232-: Attorney~r0Defendant Holy Spirit Hospital CERTIFICATE OF SERVICE AND NOW, this day, I hereby certify that I am serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules for Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Nathan C. Wolf, Esquire 35 East High Street, Suite 201/202 Carlisle, PA 17013 Personal & Confidential Barry B. Moore, M.D. Neurological Surgery, Ltd. 920 Century Drive Mechanicsburg, PA 17055 Risk Manager Neurological Surgery, Ltd. 920 Century Drive Mechanicsburg, PA 17055 METT Cr~[;~ S k WOODSIDE, PC ~e, ~Esquire Date: JanUary 30, 2003 SHEILA SLATER, Plaintiff BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-343 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: PLEASE ISSUE a Rule upon the Plaintiff to file a Complaint against Defendant Holy Spirit Hospital within twenty (20) days after service thereof, or suffer judgment of non pros as provided in Pennsylvania Rule of Civil Procedure 1037(a). Date: January 30, 2003 By: ME~El NS&~)ODSIDE, P.C. Craig ~ StoI , ~~ ID #1,07 / 3401 Nd[rth l~ront Street Harrisb gt~/P, A17110 717-23Z-5000 Attorneys for Defendant Holy Spirit Hospital CERTIFICATE OF SERVICE AND NOW, this day, I hereby certify that I am serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules for Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Nathan C. Wolf, Esquire 35 East High Street, Suite 201/202 Carlisle, PA 17013 Personal & Confidential Barry B. Moore, M.D. Neurological Surgery, Ltd. 920 Century Drive Mechanicsburg, PA 17055 Risk Manager Neurological Surgery, Ltd. 920 Century Drive Mechanicsburg, PA 17055 Date: January 30, 2003 METRE[EV/~S& WOODSIDE, PC ~~. ~tolffe, Esquire SHEILA SLATER, Plaintiff Vo BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-343 CIVIL ACTION - LAW RULE TO: Nathan C. Wolf, Esquire 35 East High Street, Suite 201/202 Carlisle, PA 17013 Counsel for Plaintiff A RULE is hereby issued upon the Plaintiff to file a Complaint against Defendant Holy Spirit Hospital within twenty (20) days after service hereof, or suffer a judgment of non pros. DATED: - PROTHONOTARY (57- :316683 1 FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILASLATER, Plaintiff, Attorneys for Defendant: Barry B. Moore, M.D. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vo BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, : No. 03-343 : : CIVIL ACTION LAW : : JURY TRIJ~ DEi~qDED PRAECIPE TO ENTER APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Kindly enter our appearance as counsel on behalf of Defendant, Barry B. Moore, M.D., in the above-captioned matter. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Leigh A.J Esquire Attorney I. . No. 53229 Attorney fo Defendant, Barry B. Moore, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing PRAECIPE TO ENTER APPEARANCE was served upon counsel of record this 31st day of January, 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Holy Spirit Hospital 503 N. 21st Street Camp Hill, PA 17011 By: FOULKROD ELLIS PROFESS IONAL CORPORATION B~rb~es~al FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILA SLATER, Plaintiff, v. BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, Attorneys for Defendant: Barry B. Moore, M.D. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : No. 03-343 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. FOULKROD ELLIS PROFESSIONAL CORPORATION Leigh A. ~J. ~li~lre Attorney I~. No. 53229 RULE TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. ~ ~ Date: ~~ ~. ~6~5k~ ~/~~'~ ~ ' - P~0thonotary, Cun~er~ County CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT was served upon counsel of record this 31st day of January, 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Holy Spirit Hospital 503 N. 21st Street Camp Hill, PA 17011 FOULKROD ELLIS PROFESSIONAL CORPORATION By: SHERIFF'S RETURN - REGULAR CASE NO: 2003-00343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLATER SHEILA K VS MOORE BARRY B MD ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MOORE BARRY B MD the DEFENDANT at NEUROLOGICAL SURGERY LTD , at 1206:00 HOURS, on the 27th day of January 920 CENTURY DRIVE MECHANICSBURG, PA 17055 JANE FOLTZ, ADMINISTP~ATOR a true and attested copy of WRIT OF SUMMONS , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 O0 9 66 O0 10 O0 O0 37 66 Sworn and Subscribed to before me this ~0~{ day of ~ ~ c~DO~ r A.D. ~ ~~on~tary ~ So Answers: R. Thomas Kline 01/28/2003 HAROLD IRWIN III By: %e~puty~ f f SHERIFF'S RETURN - REGULAR CASE NO: 2003-00343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLATER SHEILA K VS MOORE BARRY B MD ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HOSPITAL the DEFENDANT , at 1406:00 HOURS, on the 27th day of January at 503 NORTH 21ST STREET CAMP HILL, PA 17011 GREG DONATO, SECURITY a true and attested copy of WRIT OF SUMMONS , 2003 by handing to SUPERVISOR, ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this 30~ day of ~~~. X06~ A.D. So Answers: R. Thomas Kline 01/28/2003 HAROLD IRWIN III By: ~ ~ ?-~, Deputy S~riff FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILA SLATsR, Plaintiff, V. BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, Attorneys for Defendant Barry B. Moore, M.D : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : No. 03-343 : : CIVIL ACTION LAW : : JURY TRIAL DEMANDED PRAECIPE TO FILE A CERTIFICATE OF SERVICE TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Kindly file of record the attached Certificate of Service of the Prothonotary,s Rule to File Complaint. Date: By: Respectfully submitted, FOULKROD ELLIS PROFESS IONAL CORPORATION CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing RULE TO FILE COMPLAINT dated January 31, 2003 entered by the Prothonotary of Cumberland County, Pennsylvania on February 3, 2003 was served upon counsel of record this 5th day of February, 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FOULKROD ELLIS PROFESS IONAL CORPORATION BY:Bet~. Forbe CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing PRAECIPE TO FILE A CERTIFICATE OF SERVICE was served upon counsel of record this 5th day of February, 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 By: FOULKROD ELLIS PROFESS IONAL CORPORATION Beth . Forbes SHEILA SLATER, Plaintiff Vo BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-343 CML ACTION - LAW PRAECIPE TO FILE A CERTIFICATE OF SERVICE TO: PROTHONOTARY Kindly file of record the attached Certificate of Setwice of the Prothonotary's Rule to File Complaint. Date: ~' ' By: Respectfully submitted, Cra: ~,,~ ,n~,~j~&i~ire ID #159 3401 Nor Front Street Harrisbm 'PA 17110 717-232-5000 Attorneys for Defendant Holy Spirit Hospital SHEILA SLATER, Plaintiff BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD; and HOLY SPIRIT HOSPITAL, Defendants RULE IN THE C()URT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-343 CIVIL ACTION - LAW TO: Nathan C. Wolf, Esquire 35 East High Street, Suite 201/202 Carlisle, PA 17013 Counsel for PlainHff A RULE is hereby issued upon the Plaintiff to file a Complaint against Defendant Holy Spirit Hospital within twenty (20) days after service hereof, or suffer a judgment of non pros. DATED: PROTHONOTAi~ ~ ~ ~7-/O~ :316683 _1 TRUE COPY FROM RECORD T~r~no~y whe~, i hm~e u~t~ ~t my ~ CERTIFICATE OF SERVICE AND NOW, this day, I hereby certify that a true and correct certified copy of the foregoing Rule to File a Complaint dated January 30, 2003, was served upon counsel of record for the plaintiff by letter dated February 4, 2003, addressed to Nathan C. Wolf, Esquire, 35 East High Street, Suite 201/202, Carlisle, PA 17013 by depositing said copy in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Date: ME' ~,~ ig . ~to~ )ODSIDE, PC Esquire CERTIFICATE OF SERVICE AND NOW, this day, I hereby certify that I am serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules for Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Nathan C. Wolf, Esquire 35 East High Street, Suite 201/202 Carlisle, PA 17013 Michael Navitsky, Esquire Navitsky, Olson & Wisneski 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Leigh A.J. Ellis, Esquire Foulkrod Ellis 1800 Linglestown Road, Suite 305 Harrisburg, PA 17110 Date: METT] IO~DSIDE, PC i' Esquire :328175 _1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHEILA K. SLATER COURT OF COMMON PLEAS TERM, -VS- BARRY B. MOORE, M.D., ET AL CASE NO: 03-343 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AARON S. JAYMAN, ESQ. certifies that (i) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/12/2003 Attorney for DEFENDANT DEI1-421636 5 1 1 30 --LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: SHEILA K. SLATER BARRY B. MOORE, -VS- M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 03-343 NOTICE OF I~-,-~aTT TO SERVE A SUBPOENA TO PRODUCE ~S AND '1'~ ~OK DISC~)VERY PUI~UZ~TT TO RrU.R 4009.21 CAROL R. ROBINSON, D.0. MEDICAL RECORDS TO: NATHAN WOLF, ESQ. CRAIG STONE, ESQ. MCS on behalf of AARON S. JAYMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/23/2003 CC: AARON S. JAYMAN, ESQ. KEITH RICILqRD - 3441 - 33898401 Any questions regarding this matter, contact MCS on behalf of AARON S. JAYMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-227680 5 113 O --CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHEILA K. SLATER VS. BARRY B. MOORE, M.D., ET AL File No. 03-343 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.27 TO: Custodian of Records for CAROL K. ROBINSON. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: MEDICAL RECORDS at The MCS Groun. Inc.. 1601 Market Street Suite g00. Philadelohia. PA 1910~3 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days a/~er its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: AARON S. JAYMAN. ESO. ADDRESS: 1800 LINGLESTOWN RD, SUITE 305 HARRISBURG.. PA 17110 TELEPHONE: 717-213-4200 SUPREME COURT ID #: ATTORNEY FOR: Date: Seal of the Court BY THE, COURT: otary/Clerk, C~vil~ivision Dep/~ty~ 51130-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAROL K. ROBINSON, D.O. GRAHAM MEDICAL CLINIC, PC 100 S. HIGH STREET NEWVILLE, PA 17241 RE: 51130 SHEILA K. SLATER Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electrohic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject :SHEILA K. SLATER 323 SPRING GARDEN STREET, CARLISLE, PA 17103 Social Security #: 16644-7974 Date of Birth: 10-30-1952 SU10-443484 5 · · 3 0 --~',0 · FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILA SLATER, Attorneys for Defendant: Barry B. Moore. M.D. IN THE COURT OF COb~ON PLEAS OF Plaintiff, BARRY B. MOORE, M.D. HOLY SPIRIT HOSPITAL, Defendants, and : CUMBERLAND COUNTY, : No. 03-343 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PENNSYLVANIA NOTICE OF INTENT TO ENTER JUDGMENT NON PROS PURSUANT TO PA.R.C.P. 237.1(a) (2) TO: Sheila Slater c/o: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 DATE OF NOTICE: July 15, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS ~ THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT W~ERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 By: FOULKROD ELLIS PROFESSIONAL CORPORATION Leigh A.J.~ll~s~?~squ~ire Attorney I/~. No. 53229 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing NOTICE OF INTENT TO ENTER JUDGMENT NON PROS PURSUAI~T TO PA.R.C.P. 237.1(a) (2) was served upon counsel of record this 15th day of July, 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: 35 Nathan C. Wolf, Esquire E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski 2040 Linglestown Road Harrisburg, PA 17110 FOULKROD ELLIS PRO~SSIONAL CORPORATION~ l Beth E. Forbes/ Paralegal NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SHEILA K. SLATER, Plaintiff BARRY B. MOORE~ M.D. and, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 323 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO DEFEND 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 wdtten appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9t80 or (717) 249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SHEILA K. SLATER, Plaintiff BARRY B. MOORE~ M.D. and, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .' CIVIL ACTION - LAW : : NO. 2003 - 343 CIVIL TERM : JURY TRIAL DEMANDED COMPLAINT NOW comes the plaintiff, Sheila K. Slater, by and through her counsel, Nathan C. Wolf, Esquire and sets forth this complaint averring as follows: 1. Plaintiff, Sheila K. Slater is an adult individual residing at 323 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Barry B. Moore, M.D., is a person of the full age of majority and physician licensed to practice and practicing medicine in the Commonwealth of Pennsylvania and specializing in the medical field of neurological surgery with offices and a practice in Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff underwent surgery for a posterior cervical laminectomy performed by Dr. Moore at Holy Spirit Hospital on February 8, 2001. hands. The surgery resulted in nerve damage to both of plaintiffs arms and 5. Plaintiffs post-surgical injur!es were diagnosed by Dr. Moore following Plaintiff's post-operative complaints of her lack of ability to use her hands to move or grasp objects. 6. Plaintiff continues to have severe neurolog ca deficits in both hands, despite Dr. Moore's opinion offered on May 1, 2001 in correspondence indicating that 2 plaintiffs problems should improve with time and appropriate therapy. Plaintiffs post- surgical deficits have been diagnosed by,Dr. Moore has having been directly related to the surgery he performed. 7. Plaintiff underwent an MRI of her cervical spine on March 15, 2001 at the Magnetic Imaging Center and these films were read by Dr. Donald R. Buxton, M.D. 8. The MRI films taken at Magnetic Imaging Center of Plaintiff's cervical spine on March 15, 2001, revealed evidence of post-surgical trauma to the spinal cord. 9. Dr. Buxton identified a large posterior soft tissue defect, which appeared to correlate with the post surgical site of laminectomy based on his readings of the films. 10. Dr. Moore acknowledged Dr. Buxton's findings regarding the soft tissue defect in correspondence to Plaintiffs family physician. 11. Plaintiff did not benefit from the medical care she received and, instead, has therefore suffered permanent bilateral neurological deficit to her upper extremities. As a result, she cannot use her hands. 12. Plaintiffs believe, and therefore allege, that the Defendant Barry Moore provided Plaintiff with substandard information regarding the risks involved in the medical care she was due to receive, that is, his description of the potential for negative results that were associated with the medical care she was to undergo fell below the appropriate standard of medical care and this violation of the appropriate standard of medical care caused, contributed to the cause, or increased the risk of harm to Plaintiff for all injuries and damages suffered by her as alleged herein. 13. As a result of Defendant's conduct as ,'set forth in the forthcoming individual Count of this Complaint, Plaintiff has suffered permanent neurological deficit to both of her upper extremities. 14. Plaintiff requires permanent home nursing care and assistance in her daily 3 15. Plaintiff has incurred and will incur over the remainder of her lifetime medical and related expenses that she otherwise would not have incurred but for Defendant's conduct. 16. Plaintiff has suffered and will continue to ,'suffer for the remainder of her lifetime extreme pain, anguish and depression that she otherwise would not have suffered but for Defendant's conduct. 17. Plaintiff has suffered and will continue to suffer for the remainder of her lifetime from a loss of life's enjoyments and pleasures, particularly in her active years of employment and years with her family, which would not have occurred but for Defendant's conduct. 18. Plaintiff has suffered embarrassment and humiliation which will remain with her for the remainder of her lifetime which otherwise would not have occurred but for Defendant's conduct. 19. Plaintiff therefore alleges all damages cognizable under Pennsylvania law against each Defendant and claim is made therefore. 20. Plaintiff has suffered a loss of earnings and earning capacity as a result of Defendant's conduct as alleged herein. 21. Plaintiff has suffered scarring and disfigurement as a result of Defendant's conduct as alleged herein. COUNT I Informed Consent Plaintiff v. Defendant Barry B. Moore, M.D. 22. Paragraphs one through twenty-one of this Complaint are incorporated herein as if set forth at length. 23. Dr. Moore owed a duty to Plaintiff to explain the need for surgery and its risks and complications, as well as non-surgical options. 4 24. In August of 2000, Plaintiff was evaluated by Dr. Moore for lower back pain. 25. During this meeting between Plaintiff and r)r. Moore, Dr. Moore explained to Plaintiff that she had problems with her cervical spine (her upper back) that should be treated with surgery before she received surgical treatment for her lower back. 26. Plaintiff expressed concerns to Dr. Moore about the prospect of such a procedure and described what results plaintiffs grandmother had from a similar surgical procedure that occurred in the early 1970's. 27. Plaintiffs grandmother suffered from post-surgical paralysis that left her unable to use her upper extremities. 28. Dr. Moore explained that due to his experience of performing thirty (30) similar procedures per month and due to medical advancements since the time when her grandmother's surgery occurred, Plaintiff should not be concerned that she would suffer the same results as her grandmother. 29. Dr. Moore failed in this duty owed to Plaintiff with respect to providing her information that she reasonably should have had to decide whether to undergo surgery. 30. Dr. Moore failed to explain to Plaintiff that surgery was simply an option given Plaintiffs medical condition, complaints, and radiological findings. Surgery was not necessary, nor was it warranted or appropriate under '/he circumstances. 31. Plaintiff relied implicitly and explicitly on Dr. Ivloore's recommendations. 32. Dr. Moore should have also informed Plaintiff that surgical dsk included nerve damage that could cause paresthesia or paralysis, but told the Plaintiff that her fears regarding the risks were not significant because of the Defendant's experience and the advancements in medical procedures that made the risks associated therewith minimal at best. Dr. Moore told Plaintiff that she could be paralyzed or suffer from paresthesia as a result of this surgery. Had Dr. Moore told Plaintiff that surgery was 5 simply an option and was not a necessity, the Plaintiff would have declined to undergo the operation. 33. Had Dr. Moore told Plaintiff that the surgical risks and complications included paralysis or paresthesia, Plaintiff would have declined the opportunity to undergo the operation. 34. Accordingly, Dr. Moore failed to provide Plaintiff with the information necessary for them to provide an informed consent to the, surgery. 35. The lack of informed consent constitutes a technical battery committed against Plaintiff that resulted in all damages as alleged herein, and claim is made therefor. WHEREFORE, Plaintiff pray for judgment against the Det'endant, Barry B. Moore, M.D., in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interests and costs and for a trial by jury. Respectfully submitted, ~QUIRE Law Office of Harold S. Irwin, III Supreme Court ID. #87380 35 East High Street, Suite 201 / 202 Carlisle, Pennsylvania 17013 (717) 243-6090 6 VERIFICATION I, the undersigned, hereby verify that I am a plaintiff in this action and that the facts stated in the above complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. LA K. SLATER '-~ FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax; (717) 213-4202 SHEILA SLA'rs~, Plaintiff, Vo BARRY B. HOLY SPIRIT HOSPITAL, MOORE, M.D. and Defendants, Attorneys for Defendant: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-343 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED RESPONSE OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME PURSUANT TO Pa.R.C.P. 1042.3 AND NOW, comes Defendant, Barry B. Moore, M.D. ("Dr. Moore"), by and through his counsel, Foulkrod Ellis Professional Corporation, and files the instant Response to Plaintiff's Motion for Extension of Time Pursuant to Pa.R.C.P. 1042.3, and avers the following in support thereof: 1. Plaintiff initiated the instant action via a Writ of Summons filed on January 22, 2003. 2. A Complaint was filed seven (7) months later on July 25, 2003 alleging only a claim for lack of informed consent against Dr. Moore. 3. Pursuant to Pa.R.C.P. 1042.3, Plaintiff was required to file a Certificate of Merit with the Complaint or within sixty (60) days thereafter. 4. Plaintiff did not file a Certificate of Merit with her Complaint, and thus, was required to file her Certificate of Merit by September 23, 2003. 5. Rather than filing her Certificate of Merit on September 23, 2003, Plaintiff filed a Motion to extend the time for filing a Certificate of Merit pursuant to Pa.R.C.P. 1042.3(d) seeking an additional sixty (60) days within which she may file her Certificate of Merit. 6. As the basis for said Motion, Plaintiff brought Court's attention the existence of stipulations currently circulated among counsel. to the 7. However, the note to Pa.R.C.P. 1042.3(d) provides, in relevant part: In rulin9 upon a motion to extend time, the court shall give appropriate consideration to the practicalities of securing expert review. There is a basis for qranting an extension of timm within which to file the certificate of merit ~f counsel for the plaintiff was first contacted shortly before the statute of limitations was about to expire, or if, despite diliqent efforts by counsel, records necessary to review th~ validity of the claim are not available. (emphasis supplied). 8. In the instant case, Plaintiff fails to satisfy either basis for the granting an extension of time within which to file a Certificate of Merit. 9. Plaintiff filed the instant matter in January, 2003, and then waited seven (7) months until July', 2003 in which to file her Complaint. Plaintiff,s filing of her Writ of Sun~aons tolled the statute of limitations, so there is no fear that the statute was about to expire. Also, on May 17, 2001 and June 25, 2 2001, Plaintiff signed Authorizations for release of her medical records from Dr. Moore. Thus, the records relevant to review Plaintiff's informed consent claim have been in her, or her counsel's possession, for over two {2) years. See Exhibit "A." 10. In addition to the seven (7) months between the filing of the Writ of Summons and the Complaint, Plaintiff has also enjoyed an additional sixty (60) days after the filing of her Complaint to have this case reviewed by an appropriate licensed professional or to determine expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim. 11. An extension of time for an additional sixty (60) days within which to file a Certificate of Merit is not warranted based on these facts and given Plaintiff,s dilatoriness in complying with the requirements of Pa.R.C.P. 1042.3. WHEREFORE, Defendant, Barry B. Moore, M.D., respectfully request that this Honorable Court deny Plaintiff,s Motion for Extension of Time within which to file a Certificate of Merit. Date: By: FOULKROD ELLIS PROFESSIONAL CORPOP~ATION [ 53229 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 3 Exhibit A ANGINO & ROVNER, P.C. 717/238-6791 F~xXTI7/Z38-5610 June 25, 2001 NEll. J. ROVe'ER Josmm M. lvLx'zr~o Tmm¥ S. H,n,c~ DAVID L. LUIZ JOSEPH M. DORIA JAMES DECINTI BarD., B. Moore, M.D. Neurolog/cal Surgery, Ltc. 920 Century Drive Mechanicsburg, PA 17055 Re: Sheila $later DOB: 10/30/1952 SSN: 166-44-7974 Dear Dr. Moore We represent the above-named indiv/dual. Enclosed herewith is a properly executed medical authorization. We would appreciate your forwarding to this office, at your earl/est convenience, a copy of your entire o(l~ce notes regarding your care of this patient. Please do no__!t include hospital medical records. Please do not duplex the medical records. Also, please provide us with a copy of an itemized statement of charges for services rendered. In addition to providing copies of these materials, please include payment summaries showing who paid for these services and the mount of each payment. Please bill our office directly for any copying charges you may incur with regard to rids request. Please include your Federal I.D. number and/or Social Security number for bookkeeping purposes. If you have any questions regarding the above, please do not hesitate to call me. Very truly yours, /kjh Enclosure AUTHORIZATION FOR MEDICAL AND/OR HOSPITAL INFORMATION This is w authoriz~ any physician, hospital, medical at~ndant or others to furnish the law firm of ANGINO & RoVNER, P.C.. or any representative thereof, any and all information or opinion, which th~, physical condition ~nd treatment rcnderr, d therefor mad to allow may r~lucst regarding my them to see or copy any x-rays or records which you may have regarding the condition or txcatmant. M.v said attorneys have bc~-n retained by mc to proseeutc a claim against thc insurance carriers or othcm for injuries s~tained and your full cooperation with my attorneys is rcspeetfidly requested. A photostatic cop.',' of this signed Authorization should be considcrcd as valid as thc original. This Authorization is also intended to release specific records including thc follo~4ng: DRUG AzND ALCOHOL ABUSE I~CORD$, PSYCHIATRIC RECORDS, and I-IIV RECORDS. YOU are further advised to disclose no ini'o,,,~aZion to any insurance adiuster or other oersonS without written authority from mc to do so (pursumlt to privilege and confidential communication laws). All uiio/authorizations ate hereby cancelled. See copy of PA Rule of Civil Procedure 4003.6 below limiting disclosure of information to peranns designated by written consent of the patient. RELATIONSHIP: TITI.~ 231. RULES OF CIVIL PROC~DUI~ PART 1. CHAI:rl?_.R 4000. DEPOSITIONS AND DISCOVF-,RY Rul~a 4003.6. Discove~ of Treating Physi~fiam Infon~.ation may be obtained from file trmfing physician of a par~ mdy u~n x~tt~ co~ of flint ~ or fl~u~t a m~h~ of ~ not p~l ~ aflom~ from obt~Mng i~on~fion ~m: fl) (2) 207406.1XCMGLMLB Facsimile Cover Sheet From: STEPHEN J. HOGG, ESQUIRE Company: ATTORNEY. A T. LA W Sarry Hco=a Phone: (717) 245.2698 Fax: (7f7) 245.0829 Date: Pgs W/Cvr: = Comments: .e= Shella $later ss#: 166-A4-797A Please fax to my off,ce the office notes on the above patient since April 2001 through the present, including her lest appointment an Nay 1~, 2001, Thank you. If you haYe any questions, please contact my.o.~f[ce. Follo~ing is an authorization permitting you to release th~ information. AirrH. o_m_Zr-AT O TO WHOM IT MA¥ CONCERH: DATE:__ This will authorize you to release to my Allorney, Steplml~ J. l-logg, Esq~lire, Attorney et Law, or his aulherized representalives, medical recc~rds, hospilal records, clinical abstracts, x-res, reports, doctors reports, office notes, accident reports, police refmrls, earnings recr~rds, income lax reh.irns or any other information er material req~ested hy him In c~nnec/lon wilh lhe mRlfers wl~erein he represents me, and ~o photocopy lbo same. Thls also includes all sensillve informallon such as Drag and Alcohol addlclion, Mental Health impairmenls nr HIV records. The original o~ this al~lherizalion or any photocopy thereof shall constitute his sufficient Power o~ Attorney for obtaining such information, materiel and reports. CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing RESPONSE OF DEFENDANT, BARRY B. MOORE, M.D., TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME PURSUANT TO PA.R.C.P. 1042.3 was served upon counsel of record this 24th day of September 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 The Honorable J. Wesley Oler, Jr. Cumberland County Court of Cormmon Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 FOULKROD ELLIS P~ESSIONAL CORPORATION NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO, 873~0 64 8OUTH PiTT STREET CARLIILE PA t?0t3 (717) ~3~0~0 AI'TORNEY FOR PLAINTIFF SHEILA K. ELATER, Plaintiff v. BARRY B. MOORE, M.D. and, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNEYLVANIA CIVIL ACTION - LAW :: NO. 2003 - ~JE~CIVIL TERM :JURY TRIAL DEMANDED MOTION FOR EXTENSION OF TIME PURSUANT TO Pa.R.C.P. 1042.3 NOW comes the plaintiff, Sheila K. Slater, by and through her counsel, Nathan C. Wolf, Esquire and sets forth this motion averring as follows: 1. Plaintiff filed her complaint in this action on July 25, 2003 against Defendant Barry B. Moore, M.D. 2. Plaintiff's allegations involve a claim for professional negligence and are, as such, governed by Pa.R.C.P. 1042.3 related to Professional Liability Actions, which requires a plaintiff to file a Certificate of Merit within sixty days of filing its complaint. 3. As of this date, counsel for plaintiff and counsel for defendants have exchanged stipulations, which directly impact the scope of the litigation and the necessity of an expert witness on behalf of the plaintiff. 4. Pursuant to Pa.R.C.P. 1042.3(d), the Court, may grant an additional sixty days (60) time to plaintiff, upon motion for cause shown, within which to file the certificate of merit. 5. Based upon the existence of the proposed stipulations, Plaintiff believes good cause exists for the Court to grant an additional sixty days within which she may file her Certificate of Merit. WHEREFORE, Plaintiff Sheila K. Slater, respectfully requests that this Honorable Court grant the foregoing motion and exte~,d the time for filing the Certificate of Merit, as required by Pa.R.C.P. 1042.3, an additional sixty days from the date the Order of Court is issued. Date: Respectfully submitted, ~UlRE Irwin Law Office Supreme Court ID. #87380 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 NATHAN C. WOLF, EBQUIRE AI'rORNEY ID NO. 87380 84 ~OUll1 PIl'r 8TRErr CARLISLE PA 17013 ATTORNEY FOR PLAINTIFF SHEILA K. SLATER~ Plaintiff v, BARRY B. MOORE, M.D. ,,nd, Defendlnt : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003 - 323 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Plaintiff's Motion for Extension of Time Pursuant to Pa.R.C.P. 1042.3 upon the following persons and in the manner indicated: Date: SERVICE BY U.S. Mail: Leigh A.J. Ellis, Esquire 1800 Linglestown Road, Suite 305 Harrisburg, PA 17110 (Attorney for Defendant) Craig A. Stone, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 ~eIRWIN LAW FIC Sup,~ Court, ID No. 87380 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 SHEILA K. SLATER, Plaintiff BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of September, 2003, upon consideration of Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Nathan C. Wolff Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, Leigh A.J. Ellis, Esq. 1800 Linglestown Road Suite 305 Harrisburg, PA 17110 Craig A. Stone, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 :rc NAI~IAN C. WOLF, E8QUIRE ATrORNEY ID NO. 87380 84 8OUTH Prl'r STREET CARLIBLE PA 17013 (7t7) ~ AI'rORNEY FOR PLAINTIFF 8HEILA K. 8LATEK~ Plaintiff V, BARRY B. MOORE, M.D. -,nd, Defendent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 3~3 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE AND REQUEST FOR HEARING PURSUANT TO C.C.R.C.P. 206-2(c) The undersigned, counsel for the plaintiff, in accordance with the requirements of C.C.R.C.P. 206-2(c), has sought the concurrence from Foulkred Ellis, Professional Corporation, as counsel for the Defendant, Dr. Barry B. Moore, M.D. with regard to Plaintiff's Motion for Extension of Time pursuant to Pa.R.C.P. 1042.3, which Motion was filed with the Court on September 23, 2003, and such concurrence was not given to the motion. Counsel for plaintiff has not yet been able to obtain a response from Craig Stone, Esquire, counsel for Defendant Holy Spirit Hospital, however, a request for concurrence has been made. WHEREFORE, in light of the non-concurrence of counsel for Defendant Moore, counsel for plaintiff requests that the matter be listed for hearing on the motion for extension of time at a time convenient to the Court. Date: Respectfully submitted, S[jpreme Court, ID No. 87380 Attorney For Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 NATHAN C. WOLF, ESQUIRE AI'rORNEY ID NO. 87380 64 SOUTH PITT STREET CARLISLE PA 17013 (7~7) 243-8090 AI'rORNEY FOR PLAINTIFF 8HEILA K. SLA: .'it, Plaintiff v. BARRY B. MOORE, M.D, and, Defend,,nt : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNBYLVANIA : CIVIL ACTION - LAW ; NO. 2003 - 3~3 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Plaintiff's Certificate of Concurrence upon the following persons and in the manner indicated: Date: SERVICE BY U.S. Mail: Leigh A.J. Ellis, Esquire 1800 Linglestown Road, Suite 305 Harrisburg, PA 17110 (Attorney for Defendant) Craig A. Stone, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 IRWIN LAW OFFI/~E _sN~than ¢. Wolf, £$quire upmme Court, ID No. 87380 Attorney For Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 SHEILA K. SLATER, Plaintiff BARRY B. MOORE, M.D.; and HOLY SPIRIT : HOSPITAL, : Defendants : IN THE COURT OF C. OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of November, 2003, upon consideration of Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, the Response of Defendant, Barry B. Moore, M.D., to Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, and the absence of a response from Defendant Holy Spirit Hospital, PlaintiWs request is granted to the extent that the Plaintiffis afforded an additional 45 days from the date of this order to file a certificate of merit. Nathan C. Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Leigh A.J. Ellis, Esq. 1800 Linglestown Road Suite 305 Harrisburg, PA 17110 Craig A. Stone, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 BY THE COURT, irc NATHAN C. WOLF~ ESQUIRE ATTORNEY ID NO, 87380 64 SOUTH pn'T STREET CARLISLE PA 17013 ATTORNEY FOR PLAINTIFF SHEILA K. sLATEK, -' IN THE COURT OF COMMON pLEAS OF Plaintiff ¥, BARRY B. MOORE, M.D. and~ Defendant CUMBERLAND COUNTY, pENNSYLVANIA : CIVIL ACTION - LAW ;~NO. 2003 .~"J-CIVIL TERM .. JURY TRIAL DEMANDED MOTION FOR EXTENSION OF TIME PURSUANT TO Pa.R.C.P. t042.3 NOW comes the plaintiff, Sheila K. Siater, by and through her counsel, Nathan C. Wolf, Esquire and sets forth this motion averring as follows: 1. Plaintiff filed her complaint in this action on July 25, 2003 against Defendant Barry B. Moore, M.D. 2. Plainti~s allegations invoNe a claim for professional negZigence and are, as such, governed by Pa.R.C.P. 1042.3 related to Professional Liability Actions, which requires a plaintiff to file a Certificate of Merit within sixty days of filing its complaint. 3. As of this date, counsel for plaintiff and counsel for defendants have exchanged stipulations, which directly impact the scope of the litigation and the necessity of an expe~ witness on behalf of the plaintiff. 4. On November 6, 2003 the honorable court granted plainti~s motion for an extension of time and permitted an additional 45 days. PTaintiff requests only additional 30 days upon which a certificate of merit would be filed. 5. Pursuant to Pa.R.C.P. 1042.3(d), the Court, may grant an additional sixty days (60) time to plaintiff, upon motion for cause shown, within which to file the certificate of merit. 6. Based upon the fact that the stipulations are as yet unresolved, Plaintiff believes good cause exists for the Court to grant an additional thirty days within which she may file her Certificate of Merit. WHEREFORE, Plaintiff Sheila K. Slater, respectfully requests that this Honorable Court grant the foregoing motion and extend the time for filing the Certificate of Merit, as permitted by Pa.R.C.P. 1042.3, an additional thirty days from the date the Order of Court is issued. Respectfully submitted, Date: NATHAN C. WOLF, Es~QUlRE Irwin Law Office Supreme Court ID. #87380 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 8'73~0 64 sOUTH piTI' STREET ~UlLISLE PA 'l?01S ATTORNEY FOR pL.AINTIFF SHEILA K. SLATER, : IN THE COURT OF COMMON pLEAS OF Plaintiff ¥. BARRY B. MOORE, M.D. and, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 2003 - 323 CIVIL TERM I JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Plaintiff's Motion for Extension of Time Pursuant to Pa.R.C.P. 1042.3 upon the following persons and in the manner indicated: Date: SERVICE BY U.S. Mail: Leigh A.J. Ellis, Esquire 1800 Linglestown Road, Suite 305 Harrisburg, PA 17110 (Attorney for Defendant) Craig A. Stone, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 IRWIN LAW OFFICE Nathan C. Wolf, Esquire Supreme Court, ID No. 87380 Attorney For Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 NATHAN C. WOLF~ E~QUIRE AITQRNEY ID NO. 87380 64 8OUTH PiTi' ~TRIIET CARLISLE PA 17013 C7t7) 24a-M)90 A'R'ORNEY FOR PLAINTIFF SHEILA K. SLATER, Plaintiff v. BARRY B. MOORE, M.D. and, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 343 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE AND REQUEST FOR HEARING PURSUANT TO C.C.R.C.P. 206-2(c) The undersigned, counsel for the plaintiff, in accordance with the requirements of C.C.R.C.P. 206-2(c), has sought the concurrence from Foulkrod Ellis, Professional Corporation, as counsel for the Defendant, Dr. Barry B. Moore, M.D. and from Craig Stone, Esquire, counsel for Defendant Holy Spirit Hospital, with regard to Plaintiff's Motion for Extension of Time pursuant to Pa.R.C.P. 1042.3, which Motion was filed with the Court on December 22, 2003, and such concurrence was not given to the motion. WHEREFORE, in light of the non-concurrence of counsel for Defendant Moore, counsel for plaintiff requests that the matter be listed for hearing on the motion for extension of time at a time convenient to the Court. Date: Respectfully submitted, · -' Nath squire Suprem~ CSurt, ID No. 87380 Attorney For Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 NATHAN C. WOLF, ESQUIRE A'I'I'ORNEY ID NO. 87380 64 8OUTH Pl'l-r 8TREET CARLISLE PA 17013 (717) ~ AI'I'OIRNEY FOR PLAINTIFF SHEILA K. SLATER, Plaintiff BARRY B. MOORE, M.D. and, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 - 343 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Plaintiff's Certificate of Concurrence upon the following persons and in the manner indicated: Date: SERVICE BY U,S. Mail: Leigh A.J. Ellis, Esquire 1800 Linglestown Road, Suite 305 Harrisburg, PA 17110 (Attorney for Defendant) Craig A. Stone, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 IRWIN LAW ~E ..N~Itha n C~. W/olf"FEsq uire Supreme ~o.~, ID No. 87380 Attorney FoUr Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 SHEILA K. SLATER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARRY B. MOORE, M.D.; and HOLY SPIRIT HOSPITAL, Defendants CIVIL ACTION ' LAW NO. 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of December, 2003, upon consideration of Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. 64qathan C. Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff ~Leigh A.J. Ellis, Esq. 1800 Linglestown Road Suite 305 Harrisburg, PA 17110 ~X~raig A. Stone, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 BY THE COURT, J esl~ey O~. (Jr ,~ :rc SHEILASLATER, Plaintiff, BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, : IN THE CO~/RT OF COMMON PLEAS OF : CUMBERLANq) COI/NTY, PENNSYLVANIA : NO. 03-343 : CIVIL ACTION- LAW : JURY TRIAL DEMANDED ORDER AND NOW, this day of , 200 upon consideration of Plaintiff's Motion flor Extension of Time Pursuant to Pa.R.C.P. 1042.3, and the response thereto by Defendant, Barry B. Moore, M.D., it is hereby ORDERED and DECREED that Plaintiff,s Motion is DENIED. It is further ORDERED and DECREED that the Judgment entered in favor of Dr. Moore and against Plaintiff on December 23, 2003 is hereby AFFIRMED. BY THE COURT: FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILA SLATER, Attorneys for Defendant: Barz¥ B. Moore, M.D, IN THE COI~RT OF CO~ON PLEAS OF Plaintiff, BARRY B. MOORE, M.D. HOLY SPIRIT HOSPITAL, Defendants, and : CUMBERLAND COUNTY, : No. 03-343 : CIVIL ACTION - LAW : JURY TRIAL, DEMANDED PENNSYLVANIA RESPONSE OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME PURSUANT TO Pa.R.C.P. 1042.3 AND NOW, comes Defendant, Barry B. Moore, M.D. ("Dr. Moore"), by and through his counsel, Foulkrod Ellis Professional Corporation, and files the instant Response to Plaintiff,s Motion for Extension of Time Pursuant to Pa.R.C.P. 1042.3, and avers the following in support thereof: 1. Plaintiff initiated the instant action via a Writ of Summons filed on January 22, 2003. 2. A Complaint was filed seven (7) months later on July 25, 2003 alleging only a claim for lack of informed consent against Dr. Moore. 3. Pursuant to Pa.R.C.P. 1042.3, Plaintiff was required to file a Certificate of Merit with the Complaint or within sixty (60) days thereafter. 4. Plaintiff did not file a Certificate of Merit with her Complaint, and thus, was required to file her Certificate of Merit by September 23, 2003. 5. Rather than filing her Certificate of Merit on September 23, 2003, Plaintiff filed a Motion to extend the time for filing a Certificate of Merit pursuant to Pa.R.C.P. 1042.3(d) seeking an additional sixty (60) days within which she may file her Certificate of Merit. 6. On November 6, 2003, the Honorable J. Wesley Oler, Jr., granted Plaintiff's Motion to the extent that Plaintiff was afforded an additional forty-five (45) days to file a Certificate of Merit. See Exhibit "A." 7. Pursuant to Judge Oler's Order, Plaintiff was required to file her Certificate of Merit by December 22, 2003. 8. Plaintiff failed to file a Certificate of Merit in the time set forth in Judge Oler's Order. 9. Accordingly, on December 23, 20013, Dr. Moore timely filed a Praecipe for Entry of Judgment of Non Pros Pursuant to Pa.R.C.P. 1042.6 for failure to file a Certificate of Merit. See Exhibit "B." 10. At the time the Praecipe for Entry of Judgment of Non Pros was filed, Dr. Moore's counsel was unaware that Plaintiff had apparently filed an additional Motion for Extension of Time on December 22, 2003. Dr. Moore's counsel did not receive a copy of Plaintiff's Motion until December 24, 2003. 11. As the only basis for her current Motion, Plaintiff once again notes the existence of stipulations circulated among counsel. However, Dr. Moore's counsel has already indicated that the proposed stipulations are contrary to law. See Exhibit 12. It is respectfully submitted that no cause exists for any additional time to file a Certificate of Merit. 13. The note to Pa.R.C.P. 1042.3(d) provides, in relevant part: In ruling upon a motion to extend time, the court shall give appropriate consideration to the practicalities of securing expert review. There is a basis for grantinq an extension of tim~ within which to file the certificate of merit if counsel for the plaintiff was first contacted shortly before the statute of limitations was about to expire, or if, despite diliqent efforts by counsel, records necessary to review th~ validity of the claim are not available. (emphasis supplied). 14. In the instant case, Plaintiff fails to satisfy either basis for the granting an additional extension of time within which to file a Certificate of Merit. Also, Plaintiff has been afforded more than enough time to secure an appropriate expert. 15. There is no fear that the statute is about to expire in this case. Also, on May 17, 2001 and June 25, 2001, Plaintiff signed Authorizations for release of her medical records from Dr. Moore. Thus, the records relevant to review Plaintiff's informed consent claim have been in her, or her counsel's possession, for well over two (2) years. See Exhibit "D." 16. In addition to the seven (7) months between the filin~ of the Writ of Sun~aons and the Complaint, Plaintiff has now enjoyed an additional one hundred and fourteen (114) days to have this case reviewed by an appropriate licensed professional or to 3 simply determine that expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim. 17. Another extension of time for an additional thirty (30) Days within which to file a Certificate of Merit is not warranted based on these facts and given Plaintiff,s dilatoriness in complying with the requirements of Pa.R.C.P. 1042.3 in addition to Judge Oler's Order. 18. Therefore, Plaintiff,s Motion fc, r Extension of Time should be denied and the Judgment of Non Pros entered in favor of Dr. Moore and against Plaintiff on December 23, 2003 should remain. WHEREFORE, Defendant, Barry B. Moore, M.D., respectfully requests that this Honorable Court deny Plaintiff,s Motion for Extension of Time and affirm the Judgment ,Df Non Pros entered in favor of Dr. Moore and against Plaintiff on December 23, 2003. Date:~ By: FOULKROD ELLIS PROFESS :[ONAL CORPORATION %'e ~~/n~~ Esquire Atto~n I.~D. No. 5322,9 A~tt ~o~J 3ayman, Esquire orney I.D. No. 85651 4 Exhibit A SHEILA K. SLATER, Plaintiff BARRY B. MOORE, M.D.; and HOLY SPI2~IT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COI_rNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 6t~ day of November, 2003, upon consideration of Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, the Response of Defendant, Barry B. Moore, M.D., to Plaintiffs Motion for Extension oJ7 Time Pursuant to Pa. R.C.P. 1042.3, and the absence of a response from Defendant Holy Spirit HoSpital, Plaintiff's request is granted to the extent that the Plaintiff is afforded an additional 45 days from the date of this order to file a certificate of merit. Nathan C. Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attomey for Plaintiff Xdigh A.J. Ellis, Esq. 00 Linglestown Road te 305 sburg, PA 17110 Craig A. Stone, Esq. 3401 North From Street P.O. Box 5950 Harrisburg, PA 17110-0950 BY ~ COURT, TRUE COF ' FROM R ' E-CORD Pratingly Exhibit B FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILA SLATER, and Plaintiff, v. BARRY B. MOORE, M.D. HOLY SPIRIT HOSPITAL, Defendants, Attorneys for Defendant: Barry B. Moore. M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~KN/~ ~o. 03-343 .~.~ =~, CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS PURSUANT TO PA.R.C.P. 1042.6 TO: PROTHONOTARY OF CUMBERLkND COUNTY, PENNSYLVANIA Enter judgment of non pros against Plaintiff, Shelia Slater in the professional liability claim against Defendant, Barry B. Moore, M.D., for failure to file a certificate of merit by December 22, 2003, on the Order of the Honorable J. Wesley Oler, Jr., dated, November 6, 2003, a copy of which is attached hereto, in the above-captioned matter. I, the undersigned, certify that the Plaintiff named above has asserted a professional liability claim against the Defendant named above who is a licensed professional, that no certificate of merit has been filed within the time required by Pa.R.C.P. 1042.3 and the attached Order and that there is no additional motion to extend the time for filing the certificate pending before this Court. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION lis, Esquire AttOrney liD. No. 53229 AarOn ~._,~aym.an, Esquire Attoi~ ~=y I.D. No. 85651 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoin§ PRAECIPE FOR ENTRY OF JUDGEMENT OF NON PROS PURSUANT TO PA.R.C.P. 1042.6 was served upon counsel of record this 23rd day of December, 2003 by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-095;0 FOULKROD ELLIS PROFESSIONAL CORPORATION ? Exhibit C FOULKROD ELLIS 1800 L[NGLESTOWN ROAD - SUITE 305 HARRISBURG, PENNSYLVANIA 17110 S. WALTER FOULKROD, LEIGH A.J. ELLIS ANDREW H. FOULKROD AARON $. JAYMAN MICHAEL C, MONG[ELLO October ~5, 2003 Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 TELEPHONE {717) 213-4200 FAX {717) 213-4202 E-MAiL law@foulkrod.com Re: Slater v. Moore, et al. Docket No. 03-343 PEPC #3441 Dear Nathan: I have now had an opportunity to review the two draft Stipulations you proposed in the above-referenced matter. I will not agree to the language that is proposed in your Stipulations because it is not in accord with the Supreme Court's decision in Montqomery v. Bazaz-Sehqa], 798 A.2d 742 (Pa.. 2002), which underscored the battery theory of. info,ned consent and said that such actions did not sound in negligence. Again, please consider the Stipulation I forwarded to you on July 29, 2003, as I believe it is more appropriate under the circumstances. I recognize that your Motion for an Extension of Time to Pile a Certificate of Merit remains outstanding. Pending the outcome of that Motion, should you not agree on the language in my Stipulation, I will file preliminary objections to your Complaint based on Mont~. As always, if you have any questions, or would like to discuss this matter further, please do not hesitate to contact me. ASJ:bef cc: Craig A. bcc: Keith E. Barry B. Moore, S~rs, Stone, Esquire Richard, Claims Examiner (PMSL]iC #338984-01) M.D. Certified as a Civil Trial Advocate by the National Board of Triar Advocacy Exhibit D ANGINO & ROVNER, P.C. 717/2384791 F~iX 717/238-$610 3une 25, 2'[301 N~ J. ]os~ Id. }.~lY.s D~CINTI Barry B. Moore, M.D. Neurological Surgery, Ltc. 920 Century Drive Mechanicsburg, PA 17055 Re: Sheila Slater DOB: 10/30/1952 $SN: 166-44-7974 Dear Dr. Moore We represent the above-named individual. Enclosed herewith is a properly executed medical author4, vation. We would appreciate your forwarding to this office, at your cml/est convenience, a copy of your entire o£flce notes regarding your .:are of this patient. Please do no._It include hospital medical records. Please do not duplex the medical records. Also, please provide us with a copy of an itemized statement of charges for services rendered. In addition to providing copies of these materials, please include payment summaries showing who paid for these ser~ces and the amount of each payment. Please bill our office directly for any copying charges you may incur with regard to this request. Please include your Federal I.D. number and/or Social Security number for bookkeeping purposes. If you have any que~ons regarding the above, please do not hesitate to call me. Very truly yours, /kjh Enclosure ALrI'HORIZATION FOR MEDICAL AND/OR HOSPITAL IN'FORMATION This is to authorize any physician, hospital, medical attendant or othcr~ to furnish the law firm o£ ANGINO & RoVNEIZ, P.C., or any r~presentariw thereof, anY and. all information or opinion, which th~., may n:qu~-'t r~garding my physical condition and la-r, alnmnt r~nder~i therdor and to allo~.' them to s" or copy any x-rays or records which you ma), have regarding the condition or trealanent. Mx' said attora~'s have b~n r~ained by rne to pros=cot~ a claim against tt~ insuraan~ oarrier~ or oth=r~ for injuries suslain~l and your full cooperation with ray altornevs is re,TO,Ceil:flY rraluest~d' A photostatic cop), of this si_maecl Authorization should be considered a~ valid a~ tho original. This Authorization is also intended to release sp¢oific r:cords including the following: DRUG AND ALCOHOL ABUSE RECORDS, PSYCHIATRIC RECORDS, and I-lTV ILECORDS. You ar~ fi~rther advised to disclose no in/'u,,,ation to ar~v insuranc~ adiuster or other ~¢rsons without written anthorirv from mc to do ~o (pur~u=t to priviloge :and ¢olu'~d~atial e,,,.,raunir~tion laws). All larior anthori2ations are hereby concellcd. See copy of PA. P, ule of Civil Procedure 4003.6 below limiting disclosure of information to persons designated by written consent of the patient. KELATIONSHIP: 111 i..E 231. RILLES OF CIVIL PROCEDURE pART 1. GENERAL CI-tAPTER 4000. DEPOSITIONS A~4D DISCOVERY Rules4003.6. Discowry. of Tainting physi~ans l.,ffonnalion may be obtained from tho trmting physician ora ~'my only upon w~ittmt con.sent of tlmt Imrry or Ihrough a m~cxi of authoriz..~i by tiffs chapter. This rule ~ahall not prevent an attorney from obtaining im'onnation from: (2) (3) the atla'~eV., s climL an =mploy=: ofti~ anomey's r. lieak or an osm=ible =:nplo3~= of the attorney's climL Facsimile Cover Sheet From: STEPHEN J. HOGG, ESQUIRE Company: A TTORNEY. A T. LA W Phone: (717) 245-2698 Fax: (7f7) 245.082§ Date: Pgs W/Cvr: = Comments: ~,: Shells Slster ss#: 155-44-797~ pa[lent since April 2001 through the present, including he= [sst appotn~=ent on Nay 1~, 2001. Thank you. ~¢ you hays any questions, bless= contact my.o.~fice, Following is an authorization permlttSng you to release the informs~fcn. /'d, ITI-JO_RIZATION This will authoriza you to release Io my Attorney, Stephen J. Esqulre~ Altorney at Law, or his at~lhorized representatives, medical recnrds, hospital records, clinical abslrams, x-ray reports, dcctnrs repods, o~c= accident reports, police rep~Hs, enrnJngs r=cor~s, Incomo lnx rehJrns or any o[hor informalJ~n or materl=l reque~lacl hy him in c=nnecJion wilh the wherein he reproson~s me, and to photocopy Iha same. This also Jncludas all sensJlive in~ormallon such as Drag and Alcohol addiclion, Mental Health imp=irmenls nr HIV records. ~e original of this m~ll~ri~ali~n or any ph~tc~c~py thereof shall c~nstltuta his sufficient Power o~ Attorney for ohlalning such in,f~rm~lion, materiel and reporls, CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing RESPONSE OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME PURSUANT TO PA.R.C.P. 1042.3 was served upon counsel of record this 31st day of December, 2003 by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FOULKROD ELLIS PRO~S IONAL CORPORATION Be~r~ E. Forbes, Paralegal FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILA SLATER, : Plaintiff, : BARRY B. MOORE, M.D. and : HOLY SPIRIT HOSPITAL, : : Defendants, : Attorneys for Defendant: Barry B. Moore. M.D. IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-343 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS PURSUANT TO PA.R.C.P. 1042.6 TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Enter judgment of non pros against Plaintiff, Shelia Slater in the professional liability claim against Defendant, Barry B. Moore, M.D., for failure to file a certificate of merit by December 22, 2003, on the Order of the Honorable J. Wesley Oler, Jr., dated, November 6, 2003, a copy of which is attached hereto, in the above-captioned matter. I, the undersigned, certify that the Plaintiff named above has asserted a professional liability claim against the Defendant named above who is a licensed professional, that no certificate of merit has been filed within the time required by Pa.R.C.P. 1042.3 and the attached Order and that there is no additional motion to extend the time for filing the certificate pending before this Court. Respectfully submitted, SI-mlLA K. SLATER, Plaintiff BARRY B. MOORE, M.D.; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-343 CML TERM ORDER OF COURT AND NOW, this 6th day of November, 2003, upon consideration of Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, the Response of Defendant, Barry B. Moore, M.D., to PlaintifFs Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, and the absence of a response from Defendant Holy Spirit Hospital, Plaintiff's request is granted to the extent that the Plaintiff is afforded an additional 45 days from the date of this order to file a certificate of merit. Nathan C. Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaimiff 8U0arriigh A.J. Ellis, Esq. 0 Linglestown Road ite 305 sburg, PA 17110 Craig A. Stone, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 :rc BY TIq~E COURT, J. ~esley Oler,"Jr., -~ J. in T~m'tmo~y ~her,~f, i hsr~ unto CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing PP~AECIPE FOR ENTRY OF JUDGEMENT OF NON PROS PURSUANT TO PA.R.C.P. 1042.6 was served upon counsel of record this 23rd day of December, 2003 by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FOULKROD ELLIS PROFESSIONAL CORPORATION Beth E. Forbes, /Paralega~l-- NATHAN C. WOLF, ESQUIRE AI'rORNEY ID NO. 87380 64 8OUTH PITT STREET CARLISLE PA 170t 3 (7t7) 243-6090 ATTORNEY FOR pLAINTIFF SHEILA K. 8LATER, Plaintiff Vm BARRY B. MOORE, M.D. and, HOLY SPIRIT HOSPITAL Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003 - 343 CIVIL TERM : : JURY TRIAL DEMANDED PETITION FOR RULE TO SHOW CAUSE NOW comes the plaintiff, by her attorney, Nathan C. Wolf, Esquire, and files this petition for a rule to show cause why the judgment of non pros entered against plaintiff by the defendant, Barry B. Moore, M.D., should not be stricken, representing as follows: 1. Plaintiff is Sheila K. Slater, an adult individual residing at 323 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 2. Defendant is Barry B. Moore, M.D., a person of the full age of majority and physician licensed to practice and practicing medicine in the Commonwealth of Pennsylvania and specializing in the medical field of neurological surgery with offices and a practice in Mechanicsburg, Cumberland County, Pennsylvania 3. On or about December 22, 2003, Plaintiff filed with this court a motion for extension of time pursuant to PaR.C.P. 1042.3. 4. Prior to filing her motion with the Court, counsel for Plaintiff attempted to contact counsel for Defendant Moore, to seek concurrence with the motion in accordance with the Rules of Court, at which time, Plaintiff's counsel left a detailed voicemail message indicating a motion would be filed that day even if a response had not been received from Defendant's counsel. 5. Plaintiff filed her motion for extension of time on December 22, 2003, at or about 3:57 o'clock, p.m. (A true and correct copy of the time-stamped motion is attached hereto as Exhibit "A") 6. On or about December 23, 2003, at approximately 9:48 o'clock a.m., counsel for the defendant filed a praecipe for entry of judgment non pros with the Court. (A true and correct copy of the time-stamped praecipe is attached hereto as Exhibit "B"). 7. In Defendant's praecipe, Counsel certified to the Court that there was no additional motion to extend the time for filing the certificate pending before the Court. 8. On or about December 23, 2003, Prothonotary entered Judgment of Non Pros in accordance with Defendant's praecipe because Plaintiff's motion had not been entered onto the docket before the praecipe was filed, Plaintiff was thereafter served with notice of the entry of judgment non 10. Clearly, there was a motion for extension of time pursuant 1042.3 filed by the plaintiff before defendant's praecipe was filed and the judgment of non pros was entered in error. WHEREFORE, plaintiff requests that your Honorable Court issue a rule to show cause why the judgment entered in this matter should not be stricken. January 9, 2004 ~~C.~ _~'Att~~/// tiff VERIFICA I verify that I have personal knowledge of the facts contained in this petition and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. January 9, 2004 ~~~~F~ ESQUIRE SHEILA IL SLATER, Plaintiff BARRY B. MOORE, M.D. and, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY~ PENNSYLVANIA -' CIVIL ACTION - LAW -' NO, 2003 - CIVIL TERM : JURY TRIAl. DEMANDED ORDER AND NOW this day of ,200, upon presentation and consideration of the Plaintiff's foregoing motion for an extension of time pursuant to Pa.R.C.P. 1042.3, the motion is hereby GRANTED and the Plaintiff is hereby ordered to file a Certificate of Merit within thirty (30) days of the date of this order, unless a separate motion for additional time is presented with good cause shown requesting additional time to file said Certificate. BY THE COURT: Distribution: Leigh A.J. Ellis, Esquire Craig A. Stone, Esquire Nathan C. Wolf, Esquire NATHAN C. WOLF, ESQUIRE AI'TORNEY ID NO. 87380 64 8OUTH PII'F STREET CARLISLE PA 170"13 (7,~ 7) A'I'rORHEY FOR PLAINTIFF SHEILA K. SLATERi Plaintiff BARRY B. MOORE, M.D. and, Defendant : IN THE COURT OF COMMON PLEAS OF .' CUMBERI.AND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 - 323 CIVIL TERM : JURY TRIAL DEMANDED MOTION FOR EXTENSION OF TIME PURSUANT TO Pa.R.C.P. 1042.3 NOW comes the plambff, Sheda K. Slater, by and through her counsel, N~ath~ C.~? Wolf, Esquire and sets forth this motion averring as follows: ~" --' 1. Plaintiff filed her complaint in this action on July 25, 2003 against Defendant Barry B. Moore, M.D. 2. Plaintiff's allegations involve a claim for professional negligence and are, as such, governed by Pa.R.C.P. 1042.3 related to Professional Liability Actions, which requires a plaintiff to file a Certificate of Merit within sixty days of filing its complaint. 3. As of this date, counsel for plaintiff and counsel for defendants have exchanged stipulations, which directly impact the scope of the litigation and the necessity of an expert witness on behalf of the plaintiff. 4. On November 6, 2003 the honorable court granted plaintiff's motion for an extension of time and permitted an additional 45 days. Plaintiff requests only additional 30 days upon which a certificate of merit would be filed. 5. Pursuant to Pa.R.C.P. 1042.3(d), the Court, may grant an additional sixty days (60) time to plaintiff, upon motion for cause shown, within which to file the certificate of merit. 6. Based upon the fact that the stipulations are as yet unresolved, Plaintiff believes good cause exists for the Court to grant an additional thirty days within which she may file her Certificate of Merit. WHEREFORE, Plaintiff Sheila K. Slater, respecffully requests that this Honorable Court grant the foregoing motion and extend the time for filing the Certificate of Merit, as permitted by Pa.R.C.P. 1042.3, an additional thirty days from the date the Order of Court is issued. Date: Respectfully submitted, Irwin Law Office Supreme Court ID. f~87360 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 NATHAN C. WOIP, E~QUIRE ATTORNEY ID NO. 87380 64 SOUTH PITT STREET CARLISLE PA 17013 (7'rJ') ~13,.eooo A'T'rORNEY FOR PLAINTIFF SHEILA I~ SLATER, Plaintiff BARRY B. MOORE, M.D. and, Defendant : IN THE COURT OF COMMON PLEA8 OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW -' NO. 2003 - 323 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Plaintiffs Motion for Extension of Time Pursuant to Pa.R.C.P. 1042.3 upon the following persons and in the manner indicated: Date: SERVICE BY U.S. Mail: Leigh A.J. Ellis, Esquire 1800 Linglestown Road, Suits 305 Harrisburg, PA 17110 (Attorney for Defendant) Craig A. Stone, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 IRWIN LAW OFFICE Nathan C. Wolf, Esquire Supreme Court, ID No. 87380 Attorney For Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suits 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Attorneys for Defendant: Fax: (717) 213-4202 Bsrry B. Moore, M.D. SHEILA SLATER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : : No. 03-343 BARRY B. MOORE, M.D. and : HOLY SPIRIT HOSPITAL, : CIVIL ACTION - LAW Defendants, : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS PURSUANT TO PA.R.C.P. 1042.6 TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Enter judgment of non pros against Plaintiff, Shelia Slater in the professional liability claim against Defendant, Barry B. Moore, M.D., for failure to file a certificate of merit by December 22, 2003', on the Order of the Honorable J. Wesley Oler, Jr., dated, November 6, 2003, a copy of which is attached hereto, in the above-captioned matter. I, the undersigned, certify that the Plaintiff named above has asserted a professional liability claim against the Defendant named above who is a licensed professional, that no certificate of merit has been filed within the time required by Pa.R.C.P. 1042.3 and the attached Order and that there is no additional motion to extend the time for filing the certificate pending before this Court. Respectfully submitted, FOULKROD ELLIS PROFESS IONi~L CORPOP~ATION Att~rq~,_y ~:D. No. 53229 Aa r~,nj~.Jayman, Esquire Attoi'ney I.D. NO. 85651 SHEILA K. SLATE~ : Plaintiff : V. BARRY B. MOORE, M.D.; and HOLY SPIRIT HOSPITAL, Defendanls IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW biO. 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 6t~ day of November, 2003, upon consideration of Plaintiffs Motion for Extension of Time Pursuant to Pa. tLC.P. 1042.3, the Response of Defendant, Barry B. Moore, M.D., to Plaintiff's Motion for Extens{on of Time Pursuant to Pa. R.C.P. 1042.3, and the absence of a response from Defendant Holy Spirit Hospital, Plaintifffs request is granted to the extent that the Plaintiffis afforded an additional 45 days from the date of this order to file a certificate of merit. BY THE COURT, Nathan C. Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff S8Uarrigh A.J. Ellis, Esq. 00 Linglestown Road ite 305 isburg, PA 17110 Craig A. Stone, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 TRUE COPY' FROM t~ECORL~ and t~ ~1 ~ ~ ~ ~ ~, CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing PP~LECIPE FOR ENTRY OF JUDGEMENT OF NON PROS PURSUANT TO PA.R.C.P. 1042.6 was served upon counsel of record this 23rd day of December, 2003 by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FOULKROD ELLIS PROFESSIONAL CORPORATION By: ~ Beth E. Forbes, NATHAN C. WOLF, ESQUIRE A'I'rORNEY ID NO. 87380 64 SOUTH Prl-r STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SHEILA K. SLATER, Plaintiff v. BARRY B. MOORE, M.D. and, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003 - 343 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Plaintiff's Certificate of Concurrence upon the following persons and in the manner indicated: Date: SERVICE BY U.S. Mail: Leigh A.J. Ellis, Esquire 1800 Linglestown Road, Suite 305 Harrisburg, PA 17110 (Attorney for Defendant) Craig A. Stone, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FICE 67360 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 SHEILA K. SLATER, Plaintiff V. BARRY B. MOORE, M.D.; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of January, 2004, upon consideration of Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, the Response of Defendant, Barry B. Moore, M.D., to Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, and Plaintiff's Certificate of Concurrence and Request for Hearing Pursuant To C.C.R.C.P. 206-2(c), a hearing is scheduled for Wednesday, February 4, 2004, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THECOURT, ? ~Nathan C. Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff ,~eigh A.J. Ellis, Esq. 1800 Linglestown Road Suite 305 Harrisburg, PA 17110 ~raig A. Stone, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 / esley Ol r, .T ' J. :rc FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717} 213-4202 SHEILA SLATER, Plaintiff, V. BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, Attorneys for Defendant: Barry B. Moore, M.D. IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-343 CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S PETITION TO SHOW CAUSE AND NOW, comes Defendant, Barry B. Moore, M.D. ("Dr. Moore"), by and through his counsel, Foulkrod Ellis Professional Corporation, and files the instant Response to Plaintiff's Petition to Show Cause, and avers the following in support thereof: 1. On January 9, 2004, Plaintiff filled a Petition to Show Cause why judgment entered in favor of Dr. Moore should not be stricken. 2. On January 13, 2004, Dr. Moore's counsel telephoned Plaintiff's counsel and advised that they intended to file a Praecipe withdrawing the judgment of non pros entered on December 23, 2003, against Plaintiff because Plaintiff's Motion for Extension of Time pursuant 1042.3 was filed before the judgment was entered in favor of Dr. Moore. 3. On January 14, 2004, Dr. Moore's counsel sent via first class U.S. mail to the Prothonotary of Cumberland County a Praecipe to Withdraw Judgment. A true and correct copy of the Praecipe is attached hereto as Exhibit "A." 4. Therefore, Plaintiff's Petition is moot. 5. However, Dr. Moore continues to oppose Plaintiff's second Motion for Extension of Time Pursuant to Pa.R.C.P. 1042.3 for the reasons set forth in his Response ~shereto, which was filed on January 5, 2004. A true and correct time-stamped copy is attached hereto as Exhibit "B." WHEREFORE, Defendant, Barry B. Moore, M.D., respectfully submits that in light of the recently filed Praecipe to Withdraw JudgTaent there is no need for this Honorable Court to issue a Rule to Show Cause and that Plaintiff's pending Motion for Extension of Time within which to file a Certificate of Merit should also be denied. Date:~ By: Respectfully submitted, FOULKROD ELLIS PR~ONAL CORPOP~TION Le~ ~llis, Esquire atto~ne~ ~.D. No. 53229 Aaro% ~% ~ayman, Esquire Attor~e~.D. No. 85651 2 FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 2134~202 SHEILA SLATER, Plaintiff, Vo BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, Attorneys for Defendant: Barry B. Moore. M,D. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-343 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE TO WITHDP~AW ENTRY OF JUDGMENT TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Kindly withdraw the judgment of non pros entered on December 23, 2003, against Plaintiff, Sheila Slater and in favor of Defendant, Barry B. Moore, M.D. Date: Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPO~TION LE~/~J/~LIS, iESQUIRE Att~r~y~.D. No..!3229 ~ S~ JAYMAN, ESQUIRE Attorney I.D. No. 85651 CERTIFICATE OF SERVIC_~E I HEREBY CERTIFY that true and correct copies of the foregoing PRAECIPE TO WITHDRAW ENTRY OF JUDGMENT, was served upon counsel of record this 14th day of January, 2004, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esqui~e 64 South Pitt Street Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 FOULKROD ELLIS P?SSIONAL CORPOP~ATION B~h E. Forbes, Paralegal FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213 -4202 SHEILA SLAT~K, Plaintiff, Vo BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, Attorneys for Defendant: Barry B. Moore, M.D, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-343 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED RESPONSE OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME PURSUANT TO Pa.R.C.P.. 1042.3 AND NOW, comes Defendant, Barry B. Moore, M.D. ("Dr. Moore"), by and through his counsel, Foulkrod Ellis Professional Corporation, and files the instant Response to Plaintiff's Motion for Extension of Time Pursuant to Pa.R.C.P. 1042.3, and avers the following in support thereof: 1. Plaintiff initiated the instant action via a Writ of Summons filed on January 22, 2003. 2. A Complaint was filed seven (7) months later on July 25, 2003 alleging only a claim for lack of informed consent against Dr. Moore. 3. Pursuant to Pa.R.C.P. 1042.3, Plaintiff was required to file a Certificate of Merit with the Complaint or within sixty (60) days thereafter. 4. Plaintiff did not file a Certificate of Merit with her Complaint, and thus, was required to file h.er Certificate of Merit by September 23, 2003. 5. Rather than filing her Certificate of Merit on September 23, 2003, Plaintiff filed a Motion to extend the time for filing a Certificate of Merit pursuant to Pa.R.C.P. 1042.3(d) seeking an additional sixty (60) days within which she may file her Certificate of Merit. 6. On November 6, 2003, the Honorable J. Wesley Oler, Jr., granted Plaintiff's Motion to the extent that Plaintiff was afforded an additional forty-five (45) days to file a Certificate of Merit. See Exhibit "A." 7. Pursuant to Judge Oler's Order, Plaintiff was required to file her Certificate of Merit by December 22, 2003. 8. Plaintiff failed to file a Certificate of Merit in the time set forth in Judge Oler's Order. 9. Accordingly, on December 23, 2003, Dr. Moore timely filed a Praecipe for Entry of Judgment of Non Pros Pursuant to Pa.R.C.P. 1042.6 for failure to file a Certificate of Merit. See Exhibit "B." 10. At the time the Praecipe for Entry of Judgment of Non Pros was filed, Dr. Moore's counsel was unaware that Plaintiff had apparently filed an additional Motion fc, r Extension of Time on December 22, 2003. Dr. Moore's counsel did not receive a copy of Plaintiff,s Motion until December 24, 2003. 11. As the only basis for her current Motion, Plaintiff once again notes the existence of stipulations circulated among counsel. However, Dr. Moore's counsel has already indicated that the proposed stipulations are contrary' to law. See Exhibit 12. It is respectfully submitted that no cause exists for any additional time to file a Certificate of Merit. 13. The note to Pa.R.C.P. 1042.3(d) provides, in relevant part: In ruling upon a motion to extend time, the court shall give appropriate consideration Zo the practicalities of securing expert review. There is a basis for grantinq an extension of timn within which to file the certificate of merit if counsel for the plaintiff was first contacted shortly before the statute of limitations wan about to expire, or if, despite diligent efforts by counsel, records necessary to review tho validity of the claim are not available. (emphasis supplied). 14. In the instant case, Plaintiff fails to satisfy either basis for the grantin9 an additional extension of time within which to file a Certificate of Merit. Also, Plaintiff has been afforded more than enough time to secure an appropriate expert. 15. There is no fear that the statute is about to expire in this case. Also, on May 17, 2001 and June 25, 2001, Plaintiff signed Authorizations for release of her medical records from Dr. Moore. Thus, the records relevant to review Plaintiff's informed consent claim have been in her, or her counsel's possession, for well over two (2) years. See Exhibit "D." 16. In addition to the seven (7) months between the filing of the Writ of Summons and the Complaint, Plaintiff has now enjoyed an additional one hundred and fourteen (114) days to have this case reviewed by an appropriate licensed professional or to 3 simply determine that expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim. 17. Another extension of time for an additional thirty (30) Days within which to file a Certificate of Merit is not warranted based on these facts and given Plaintiff's dilatoriness in complying with the requirements of Pa.R.C.P. 1042.3 in addition to Judge Oler's Order. 18. Therefore, Plaintiff's Motion for Extension of Time should be denied and the Judgment of Non Pros entered in favor of Dr. Moore and against Plaintiff on December 23, 2003 should remain. WHEREFORE, Defendant, Barry B. Moore, M.D., respectfully requests that this Honorable Court deny Plaintiff's Motion for Extension of Time and affirm the Judgment of Non Pros entered in favor of Dr. Moore and against Plaintiff on December 23, 2003. Date By: FOULKROD ELLIS PROFESSIONAL CORPOP~ATION Attorney I.D. No. 85651 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing RESPONSE OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME PURSUANT TO PA.R.C.P. 1042.3 was served upon counsel of record this 31st day of December, 2003 by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Stree~ P.0. Box 5950 Harr±sburg, PA 17110-09.50 By: Be~C~ E. FOULKROD ELLIS PRO~/~SIONJ~_~ CORPOR.ATION Forbes, t~aralegal CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing RESPONSE OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S PETITION TO SHOW CAUSE, was served upon counsel of record this 14th day of January, 2004, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 64 South Pitt Street Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 FOULKROD ELLIS PROFESSIONAL CORPORATION Beth E. Forbes, Paralegal SHEILA K. SLATER, Plaintiff BARRY B. MOORE, M.D.; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of January, 2004, upon consideration of Plaintiff's Petition for Rule To Show Cause why the judgment of non pros entered against Plaintiff by Defendant Barry B. Moore, M.D., should not be stricken, and it appearing that the judgment was entered while a motion for extension of time filed by Plaintiff was pending, the praecipe and judgment of non pros are stricken, without prejudice to the right of Defendant to refile the Praecipe for Entry of Judgment of Non Pros Pursuant to Pa. R.C.P. 1042.6 in the event that Plaintiff's pending motion for extension is denied. BY THE COURT, fi'Nathan C. Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff V~eigh A.J. Ellis, Esq. 1800 Linglestown Road Suite 305 Harrisburg, PA 17110 v/Craig A. Stone, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 TeleDhone: (717) 213-4200 Fax: ~ SHEILA SLATER, Plaintiff, BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, - LAW JURY TRIAL DEMANDED Attorneys for Defendant: B r~. MOOrQ, M_ D~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-343 CIVIL ACTION PRAECIPE TO WITHDRAW ENTRY OF JUDGMENT TO: PROTHONOTARy OF CUMBERLAND COUNTy, PENNSYLVANIA Kindly withdraw the judgment of non pros entered on December 23, 2003, against Plaintiff, Sheila Slater and in favor of Defendant, Barry B. Moore, M.D. Date: //i Y Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION ~E ESQUIRE att~r~y~.D. No. 53229 AAR~ JAYMAN, ESQUIRE Attorney I.D. No. 85651 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing PRAECIPE TO WITHDRAW ENTRY OF JUDGMENT, counsel of record this 14th day of January, 2004, said copy in the United States Mail at Harrisburg, postage prepaid, first class delivery, was served upon by depositing Pennsylvania, and addressed as follows: Nathan C. Wolf, Esquire 64 South Pitt Street Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 FOULKROD ELLIS PR~SSIONAL CORPORATION Beth E. Forbes, ~aralegal FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 ~ ~7) 213-4202 SHEILA SLATER, Plaintiff, V. BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, : CUMBERLAND COUNTY, : No. 03-343 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED Attorneys for Defendant: B_~rry~ M,~ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA PRAECIPE TO FILE STIPULATION TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNYSLVANIA Kindly file of record the attached stipulation. Dated: ~/~/_0f · - By: FOULKROD ELLIS PROFESSIONAL CORPORATION Le~Esouire ~ron ~-/Jayrman, Esquire Attorney I.D. No. 85651 SHEILA SLATER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : : No. 03-343 BARRY B. MOORE, M.D. and : HOLY SPIRIT HOSPITAL, : CIVIL ACTION - LAW Defendants, : JURY TRIAL DEMANDED STIPULATION AND NOW, comes Plaintiff, Sheila K. Slater, by and through her counsel, Nathan C. Wolf, Esquire, and Defendant, Barry B. Moore, M.D., by and through his counsel, Foulkrod Ellis Professional Corporation, and hereby stipulate and agree as follows: 1. Counsel hereby represent and warrant that they are authorized to enter into this Stipulation on behalf of their respective clients. 2. The only cause of action asserted by Plaintiff, Sheila K. Slater in her Complaint against Defendant, Barry B. Moore, M.D, is for lack of informed consent. 3. No langua§e in Plaintiff, Sheila K. Slater's Complaint shall be construed to imply and/or assert a negligence cause of action against Defendant, Barry B. Moore, M.D. IN WITNESS WHEREOF, the parties by their counsel have caused this Stipulation to be executed and intend to be legally bound thereby. Date: L~Law Of~/~ Harold S. Nathan C.' wolBY~, Esquire Sheila K. Slater Irwin, III Date: ~/~ By: FOULKROD ELLIS PROFESSIONAL CORPORATION ~~Esqulre Att~r~y I.D. No. 53229 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Counsel for Defendant, Barry B. Moore, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing PRAECIPE TO FILE STIPULATION was served upon counsel record this 5th day of February, 2004, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: of Nathan C. Wolf, Esquire 64 South Pitt Street Carlisle, PA 17013 FOULKROD ELLIS PROFES~ NAL CORPOP~AT ON Beth E~. Forbes, P~alegal SHEILA K. SLATER, Plaintiff v. BARRY B. MOORE, M.D.; and HOLY SPIRIT HOSPITAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of February, 2004, upon consideration of Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, the Response of Defendant, Barry B. Moore, M.D. to Plaintiff's Motion for Extension of Time Pursuant to Pa. R.C.P. 1042.3, and Plaintiff's Certificate of Concurrence and Request for Hearing Pursuant to C.C.R.C.P. 206-2(c), and following a conference in chambers of the undersigned judge in which Plaintiff was represented by Nathan C. Wolf, Esquire, and Defendant Moore was represented by Aaron S. Jayman, Esquire, and pursuant to an agreement of counsel, Plaintiff's Motion for Extension of Time is granted to the extent that Plaintiff shall have until February 19, 2004, to file an appropriate Certificate of Merit with respect to this case, and, in the event that said certificate is not filed within that time period, upon motion of Defendant Moore a judgment of non pros will be entered against Plaintiff and in favor of Defendant Moore without further proceedings and/or argument in court. By the Court, . Wes e~.Q~e~, Nathan C. Wolfe, Esquire 64 South Pitt Street Carlisle, PA 17013 For the Plaintiff Aaron S. Jayman, Esquire 1800 Linglestown Road Suite 305 Harrisburg, PA 17110 For the Defendant Moore pcb SHEILA SLATER, Plaintiff BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD; and HOLY SPIRIT HOSPITAL, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-343 CIVIL ACTION - LAW ORDER AND NOW, this q~'~. day of February, 2004, upon consideration of the Stipulation of Counsel for Plaintiff and the Defendant Barry B. Moore, M.D. limiting all claims in this matter to those premised on alleged lack of informed consent sounding in battery and not negligence and upon consideration of the Stipulation of All Counsel of Record for the voluntary termination and discontinuance of all claims against the Defendant Holly Spirit Hospital, it is hereby ORDERED as follows: 1. All claims, if any, against Defendant Holy Spirit Hospital are voluntarily terminated and discontinued, with prejudice; and case; and 3. Defendant Holy Spirit Hospital shall henceforth be deleted from the caption of the The action shall proceed without prejudice hereby against the Defendant Barry B. Moore, M.D. on the stipulated claim. BY THE COURT: J{ ~'edle~ Oler, Jr. 390595vl SHEILA SLATER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA v. NO. 03-343 BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD; and HOLY SPIRIT HOSPITAL, Defendants CIVIL ACTION - LAW STIPULATION OF COUNSEL FOR THE VOLUNTARY DISCONTINUANCE OF CLAIMS AND NOW, it is hereby stipulated and agreed between counsel of record for the parties that plaintiff's claims, if any, against defendant Holy Spirit Hospital in the above- captioned matter are hereby voluntarily terminated and discontinued, with prejudice, pursuant to Pennsylvania Rule of Civil Procedure 229. Date: Date: Craig A. StOne, -~'qu'l~ HCoOsU;i~aeI f~r Defendant Holy Spirit Date: C-~u'ff'sel for Defendant Barry Moore, M.D. 328247vl SHE1LA SLATER, Plaintiff BARRY B. MOORE, M.D.; NEUROLOGICAL SURGERY, LTD.; and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-343 CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTAi~¥: Please enter judgment in favor of Defendant Holy Spirit Hospital upon the ~rder of Court dated February ~ _, 2004, approving the Stipulation of All Counsel of Record for the Voluntary Discontinuance of Claims against Defendant Holy Spirit Hospital, with prejudice. Date: February 4, 2004 By: tfully ~sybmitted, ;, E~ ~q~& WOODSIDE Sup. Ct. I.l~.lXo. 15907 3401No~h Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000-Phone (717) 236-1816-Fax Attorneys for Defendant Holy Spirit Hospital 387939vl CERTIFICATE OF SERVICE AND NOW, I, Craig A. Stone, Esquire, hereby certify that I am serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requiremems of the Pennsylvania Rules for Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Leigh A.J. Ellis, Esquire Foulkrod Ellis Suite 305 1800 Linglestown Road Harrisburg, PA 17110 Nathan C. Wolf, Esquire Suite 201/202 35 East High Street Carlisle, PA 17013 Date: February 4, 2004 Michael Navitsky, Esquire Navitsky, Olson & Wisneski Suite 303 2040 Linglestown Road Harrisburg, PA 17110 Craig A. ffto~.~, E~lt~ire 387963vl SHEILA SLATER, Plaintiff, BARRY B. MOORE, M.D. HOLY SPIRIT HOSPITAL, Defendants, and : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-343 : : CIVIL ACTION - I~W : JURY TRIAL DEMANDED STIPULATION AND NOW, comes Plaintiff, Sheila K. Slater, by and through her counsel, Nathan C. Wolf, Esquire, and Defendant, Barry B. Moore, M.D., by and through his counsel, Foulkrod Ellis Professional Corporation, and hereby stipulate and agree as follows: 1. Counsel hereby represent and warrant that they are authorized to enter into this Stipulation on behalf of their respective clients. 2. The only cause of action asserted by Plaintiff, Sheila K. Slater in her Complaint against Defendant, Barry B. Moore, M.D, is for lack of informed consent. 3. No language in Plaintiff, Sheila K. Slater's Complaint shall be construed to imply and/or assert a negligence cause of action against Defendant, Barry B. Moore, M.D. IN WITNESS WHEREOF, the parties by their counsel have caused this Stipulation to be executed and intend to be legal!y bound thereby. Date:~ By: Law Office of Harold S. Sheila K. Slater Irwin, III Date: By: FOULEROD ELLIS PROFESSIO3~L CORPORATION Attorney I.D. No. 85651 Counsel for Defendant, Barry B. Moore, M.D. FEB-lO-2004 TUE 03:16 PM FA× NO, P, 02 F~gH RIgK HQ~',If/GFHENT TEL : 717-763-3075 .lan 28'05 12:53 No.O01 P,O2 Commonwealth of Pennsylvania County of C, pmborland WRIT OF SUMMONS VS. BAP~Y B. MOORE, NEUROLOGICAL SURGERY, LTD 920 CENTURY DRIVE ~C~ICSB~G, PA HOLY SP~T HOSPITAL' ~3 NORTH 2~~ S~ET Defeadant Court of Common Ploas No, 03.,343 In CMIA~Cion-Law To BA~.RVB, MOORE, M.D. AND HOLY SPIRIT HOSPITAL You are hereby nolificd that SHEILA K. SLATER the Phllmiff_has /havo e. omm~no~l an ,~'.gon in Civil Action-Law against you which you ar~ ~oquir~d to defend or a default judgment may be entered against you. Dam ~/22103 CURTIS R. LONG Prothonotary Deputy Attorney: N~: NATHAN C. WOLF, ESQUIRE SUPREME COURT ID # 87380 Address: 3~ EAST HIGH STREET, SUITE 201/20Q CARLISLE, PA 17013 (717) 243~6090 FEB-lO-2004 TUE 03:16 PM Fh× NO, P, O1 METTE, EVANS & WOODSIDE 3401 NOR'ID FRONT S'fIII~F~T P.O. IIOX 5950 H^RRlSlaU~G, PA 17118-0950 (717) ~32-51)00 (717) 236-1816 TO: Joyce - Ctmaberland County Prothonotary's Office FAX NO.: 240-6573 FROM: Craig A. Stone, Esquire DATE: February 10, 2004 PAGE(S): (INCLU DING COVER 81-1EET) 2 CLiENTNO,: Slater- 6216-9 MESSAGE: Attached is Writ of Summom' The hard cody of this tmnsmittai WILL NOT follow, If there are any problems, please call Susan Ramsay at (717) 232-5000. NOTICE, The information contained in this facsimile message is CONFIDENTIAL and intended only for the personal use of the person named above as addressee. It may contain inlbrmation tha~ is privileged, confidential and exempt fi'om disclosure under applicable law. If the reader ofthis message is not the intended r~cipient, or the employee or agent responsible for delivering this message to the intended recipient YOU ARE I, IIgREItY NOTIFIED that any dissen~inafion, distribution, or copying of the communication is strictly prohibited. It may be a violation of the COnfidentiality sections of the U.S. Internal Revenue Code or of state statutes, and could sobject you to legal action. If yea have received this communication in error, please notify us by telephone (collect, if necessary), at the number listed above, and return the original message to as at the address above. Thank you. NATHAN ~ WOLF, ESQUIRE AI'rORNEY ID NO. 87380 84 8OUTH PITT STREET CARl. ISLE PA 17013 AI'rORNEY FOR PLAINTIFF 8HEILA K. 8LATEI~ : IN THE COURT OF COMMON PLEA8 OF Plmlntlff y. BARRY B. MOORE, M.D. '.nd, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; : NO. 2003 - 343 CIVIL TERM : ,JURY TRIAL DEMANDED CERTIFICATE OF MERIT PURSUANT TO Pa. R.C.P. 1042.3 I, Nathan C. Wolf, Esquire, counsel for the plaintiff, hereby certify that an appropriate licensed professional has reviewed pertinent records from this matter and has supplied a written statement setting forth the appropriate standard of care necessary to obtain informed consent for the surgical procedure at issue in this claim. IRWIN LAW OFFICE Date:February 19, 2004 ~~~ ~/h~]a n~c. WJ:)~, Esquire !p.o. 67360 '----AttOrney For Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 NATHAN C. WOLF, B~QUIRE AI'rC)RNBY ID NO. B7380 ~4 ~OUTH Prl'r STREET CAR/JSLB PA 170t3 AI'rORNET FOR PLAINTIFF 8HEILA IL m, s a inK, : IN THE COURT OF COMMON PLEA8 OF Plnlntlff v. BARRY B. MOORE, M.D, D®fendnnt : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ; NO. 2003 - 343 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Plaintiff's Certificate of Concurrence upon the following persons and in the manner indicated: SERVICE BY U.S. Meil~ Aaron Jayman, Esquire FOULKROD ELLIS 1800 Lingiestown Road, Suite 305 Harrisburg, PA 17110 (Attorney for Defendant Moore) IRWIN~ Su~'ern~Court, ID I~o. 87380 Attorney For Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILA SLAT~, Plaintiff, V. BARRY B. MOORE, M.D. and Defendant, Attorneys for Defendant: Barry B. Moore. M.D, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-343 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW, comes Defendant, Barry B. Moore, M.D. ("Dr. Moore"), by and through his counsel, Foulkrod Ellis Professional Corporation, and moves this Honorable Court to compel discovery as follows: 1. Plaintiff initiated the instant action via a Writ of Sun~ons filed on January 22, 2003. 2. To begin evaluating Plaintiff,s claims and preparing a defense thereto, Dr. Moore served Plaintiff with Interrogatories and Request for Production on February 4, 2003. Said Interrogatories and Request for Production are attached hereto as Exhibits "A" and "B" respectively. months 4. Plaintiff,s Complaint was not filed until seven later on July 25, 2003. consent against Dr. (7) Plaintiff has alleged only a claim for lack of informed Moore. 5. On February 19, 2004, in light of the fact that Plaintiff did not respond to either of Dr. Moore's discovery requests despite the passage over one (1) year, counsel for Dr. Moore sent a follow-up letter to Plaintiff,s counsel seeking the discovery. Said correspondence is attached hereto as Exhibit 6. To date, Plaintiff still has not responded to Dr. Moore,s discovery. 7. In fact, no discovery whatsoever has taken place in this case since Plaintiff initiated the case. 8. Of particular concern and prejudice to Dr. Moore is Plaintiff,s failure to provide expert witness discovery to support her informed consent claim. 9. Dr. Moore's counsel has agreed to schedule the deposition Dr. Moore and Plaintiff, but needs Plaintiff,s responses to discovery prior to going forward. 10. Pa.R.C.p. 4005 allows any party to serve on any other party written interrogatories to be answered by that party. 11. Pa.R.C.P. 4006 requires answers to interrogatories to be in writing, verified and answered fully, unless objected to, within thirty (30) days after service of the interrogatories. 12. Pa.R.C.P. 4009.11 allows any party to serve a Request for Production of Documents and Things upon any other party. 13. Pa.R.C.P. 4409.12 requires the plaintiff to answer these requests also within (30) days. 14. However, over one (1) year has passed without Plaintiff responding to either Dr. Moore's Interrogatories or Request for Production of Documents. WHEREFORE, it is respectfully requested that this Honorable Court compel Plaintiff to answer Defendant,s Interrogatories and Request for Production of Documents forthwith. Respectfully submitted, Date:%~ By: FOULKRO~7 ELLIS PR~ I~ONAL CORPORATION Atto: ~e~ ~.D. No. 532,29 Aarol S~Jayman, Esquire Atto~ My I.D. No. 85651 Exhibit A FOULKROD ELLIS Professional Corporation 1800 L±n~lestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Attorneys for Defendant: (717) 213 -4202 SHEILA S LATER, Plaintiff, V. BARRY B. MOORE, M.D. HOLY SPIRIT HOSPITAL, Defendants, and Barz-v B. Moore, M.D, : IN 'i'vE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-343 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT, BARRY B. MOORE, M.D. DIRECTED TO BE ANSWERED BY PLAINTIFF - FIRST SET TO: Sheila Slater c/o: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, Nos. 4005 and 4006, to serve upon the undersigned within thirty (30) days from service hereof your answers in writing and under oath to the Interrogatories. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your Answers to said Interrogatories and the time of the trial of this case, you or anyone acting in your behalf learns the identity and whereabouts of any other witnesses not identified in your said Answers, or if you obtain or become aware of additional requested information not supplied in your Answers, you shall promptly furnish the same to the undersigned by Supplemental Answers. Introduction Scope. -- Each interrogatory, including subparts, constitutes one (1) interrogatory for the purposes of Dauphin County Local Rule 4005. The subject headings are for organizational purposes only and do not limit the otherwise proper use of the interrogatory for other subjects. These interrogatories are presumptively permissible where relevant, objections thereto generally will not be indulged. and Definitions. -- The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify', or "Identity,,, means when used in reference (1) A natural (a) (b) (2) to ~ person, his or her: full name; and present or last known residence and employment address (including street name and number, city or town, and state or county); A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and (f) its custodian,s identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident,, means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. "You" means each Plaintiff instituting this action in an individual capacity and each Plaintiff for whom this action is being instituted by another in a representative capacity. Standard Instructions. -- The following instructions are applicable to these standard interrogatories: (i) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. These interrogatories are deemed to be continuing and as such must be updated when new, additional or inconsistent information becomes available. Any objection to the continuing nature of these interrogatories shall be served within thirty (30) days after service of these interrogatories. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 3 101. General. Personal information. -- state: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; (d) The address of your present residence and address of each other residence which you have had during the past five years; the (e) Your present occupation and the name and address of your employer; (f) Date of your birth; (g) Your Social Security number; (h) Your military service and positions held, if any; and (i) The schools you have attended and the degrees or certificates awarded, if any. 4 102 . Insurance. -- If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: (a) (b) (c) The name of the insurance carrier which issued the policy; The named insured under each policy and the policy number of each policy; The type(s) and effective date(s) of each policy; (d) (e) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable; and (f) Payments made under said policy. 103 . Expenses. -- List and describe all expenses, damages and losses that you have incurred because of incident. the (a) Please itemize Plaintiff,s medical bills by identifying the healthcare provider, summary of service rendered, date(s) of service, and amount billed; Please itemize the amount(s) paid by third party payors, including Plaintiff's medical insurance carrier(s), to the medical providers listed in Interrogatory No. 103(a); (c) Please itemize the amount(s) paid by Plaintiff(s) directly to the medical providers listed in Interrogatory No. 103(a); and (d) Please itemize the amount(s) accepted by the medical providers listed in Interrogatory No. 103(a) as full payment for the service rendered. (e) Please itemize amount(s) Medicaid, Public Welfare, any other public source. paid by Medicare, Public Assistance, or 6 104. Please identify any Department of Public Welfare Medical A sslstance liens, Medicare/Medicaid liens, liens from any public source or any other applicable liens. 7 105. Factual basis for claims and defenses. -- State with particularity the factual basis for each claim or defense you are asserting in this case. 106. Witnesses. -- (a) Identify each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. (b) With respect to each person so identified, state that person's exact location and activity at the time of the incident. 9 107. Statements. -- If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. I0 108. Reports of incident. -- Identify documents (except reports of experts subject to Pa. R.C.P. No. 4003.5) which describe the incident or the cause thereof. 11 109. Demonstrative evidence. -- If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the p~rson that prepared or made each item; and (d) The subject that each item represents or portrays. 12 110. Trial preparation material. -- If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify: (a) (b) Each person, and the employer of each person, who conducted any investigations; and Ail notes, reports or other documents prepared during or as a result of the investigations and the persons who have custody thereof. 13 111. Trial witnesses. -- Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. 14 112 . Expert witnesses. call as a witness at each expert: Identify each expert you intend to the trial of this matter, and for (a) (b) (c) state the subject matter about which the expert is expected to testify; state the substance of the facts and opinions to which the expert is expected the testify and a summary of the grounds for each opinion; and identify the expert's education, training and experience. (You may file as your answer to this interrogatory the report and curriculum vitae of the expert or have the interrogatory answered by your expert.) 15 113 . Trial exhibits. -- Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. 16 114. Books, magazines, etc. -- If you intend to use any book, magazine, or other such writing at trial, state: (a) The name of the writing; (b) The author of the writing; (c) The publisher of the writing; (d) The date of publication of the writing; and (e) The identity of the custodian of the writing. 17 115. Admissions. -- If you intend to use any admissions of a party at trial, identify such admission(s)° 18 116 . If you have ever asserted a claim or filed suit for any purpose including, without limitation, a claim for injury, damage, property damage, or disability, workmen's compensation or occupational disease to obtain benefits, please identify the claim or suit, the nature of the injuries alleged in each such suit, the period during which you were disabled, and, if said suit has been terminated, state the results of the trial or settlement, including the amounts of each recovery or settlement, if any. 19 II. 201. Personal In_~gj_B~. Injuries and diseases alleged. -- Identify all injuries or diseases that you allege you suffered as result of the incident. 20 202 . Prior or subsequent injuries or diseases. ~- if, either prior to or subsequent to the incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident, state: (a) The injury or disease you suffered- (b) The date and place of any accident if such injury or disease was caused by an accident; (c) The identity of hospitals, doctors, or practitioners who rendered treatment or examination because of such injury or disease; and (d) The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. 21 203. Medical treatment. -~ If you received medical treatment or examination (including X-rays) because of injury or disease you suffered as a result of the incident, state: (a) The identity of each hospital at which you were treated or examined; (b) The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; (c) The identity of each doctor or practitioner by whom you were treated or examined; (d) The date on which each such treatment oz examination by a doctor or practitioner was rendered, and the charge for each; and (e) The identity of any documents (except reports of experts subject to Pa.R.C.P. No. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). 22 204. Earnings before the incident. -- For the period of three years immediately preceding the date of the incident, state: The name and address of each of your employers or, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self- employment; (c) The nature of your occupation in each employment or self-employment; and (d) The wage, salary, or rate of earnings received by you in each employment or self- employment, and the amount of income from employment and self-employment for each year. 23 205. Earnings after, the incident. -- If you have engaged in one or more ~ainful occupations subsequent to the date of the incident, state: The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self- employment; (c) The nature of your occupation in each employment or self-employment; (d) The wa~e, salary, or rate of earnings received by you in each employment or self- employment, and the amount of income from employment and self-employment for each year; and (e) The date(s) of any absence(s) from your occupation resultin9 from any injury or disease suffered in this incident and the amount of any earnings or other benefits lost by you because of such absence(s). 24 206. Limitation of duties and activities after the incident. -- If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity: (a) The duties and/or activities you have been unable to perform; (b) The periods of time you have been unable to perform; and (c) The identity of all persons having knowledge thereof. 25 207. Substance impairment. -- If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight hours immediately preceding the incident, state: (a) The nature, amount, and type of item consumed; (b) (c) The amount of time over which consumed; The identity of any and all persons who have any knowledge as to the consumption of those i~ems; and (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, any. if 26 208. Physical or mental disability. -- If you were under any physical or mental disability at the time of the incident, explain the disability. 27 209. Completely identify all medical records which you believe tends to support your contentions of lability. 28 210. Please identify all health care providers, by whom or at which you received treatment for any reason from the date of the incident giving rise to this action to the present time by stating: (a) the name and address of the health care provider; (b) the date of each examination, treatment or surgery; and (c) the nature of the sickness or injury for which you were examined, treated and/or operated upon on each such occasion. 29 211. Please identify all health care providers by whom or at which you received treatment for any reason within the ten years preceding the date upon which you became a patient of Defendant(s) by stating: (a) the name and address of the health care provider; (b) the date of each examination, treatment or surgery; and (c) the nature of the sickness or injury for which you were examined, treated and/or operated upon on each such occasion. 30 IV. 501. Medical Malpractic~' Cause of injuries. -- Identify each person that you claim caused your injury and, with respect to each such person, state whether you claim that: (a) He/she was not qualified to undertake the type of treatment, surgery, or examination he/she gave; (b) He/she failed to diagnose your injury correctly; (c) He/she did not obtain proper consent or authorization; (d) (e) He/she did not maintain proper standards of hygiene or sterilization; He/she failed to use modern techniques and procedures; (f) (g) He/she did not give the correct treatment; He/she failed to observe proper preoperative, operative or postoperative procedures, specifying which; or (h) (i) He/she was otherwise negligent (specifying the nature of the negligence). With respect to any of the above which you claim are applicable, describe in detail the specific conduct of the party propounding these interrogatories and all other defendants that you claim deviated from the standard of care. 31 503. Professional contacts. -~ Set forth the date(s) had professional contact with Defendant and the nature of such contact. you 32 504. Informed consent. -~ If lack of informed consent is pleaded in the complaint, then, with respect to any conversation of which you are aware in which the nature of, alternatives to, and/or risks of the procedure in question were discussed with the plaintiff/patient, set forth the following: (a) The date(s) of each conversation; (b) The substance of each conversation; (c) The identity of each party to the conversation; (d) The identity of each witness to the conversation; and (e) Whether there were any documents relating to the nature of, alternative to, and/or risk of the procedure presented to the plaintiff/patient. 33 Date: By: FOULKROD ELLIS PROFESSION Leigh A.J. Attorney CORPOP~ATION ~lis, ~squire No. 53229 Attorney f! Defendant, Barry B. Moore, M.D. 1800 Linglestown Road Harrisburg, .PA 17110 (717) 213-4200 Suite 305 34 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing INTERROGATORIES OF DEFENDANT, BARRY B. MOORE, M.D. DIRECTED TO BE ANSWERED BY PLAINTIFF - FIRST SET was served upon counsel of record this 4th day of February, 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FOULKROD ELLIS PROFESSIONAL CORPORATION Beth E. Forbes,~ Paralegal Exhibit B FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 ~ax: (717) 213-4202 SHEILASLATER, : IN THE Plaintiff, V. BARRY B. MOORE, M.D. HOLY SPIRIT HOSPITAL, Defendants, and Attorneys for Defendant: COURT OF COMMON PLEAS O~ : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-343 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, BARRY B. MOORE, M.D. DIRECTED TO BE ANSWERED BY PLAINTIFF - FIRST SET TO: Sheila Slater c/o: Nathan C. Wolfe, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Pursuant to Pa.R.C.P. No. 4009, you are hereby requested to produce the below listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of FOULKROD ELLIS A PROFESSIONAL CORPORATION, 1800 Linglestown Road - Suite 305, Harrisburg, PA 17110, within thirty (30) days of the date of service hereof and supplemented thereafter: 1. The entire contents of any investigation file or files and any and all documents in Plaintiffs, possession which support or relate to the allegations of Plaintiffs, Complaint (excluding the mental impressions of Plaintiffs, attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and excludin9 the mental impressions, conclusions or opinions respectin9 the value or merit of a claim or defense or respectln9 strategy or tactics of a representative of Plaintiffs, other than their attorney). 2. Any and all statements concernin9 this action or its subject matter made by a party or its agents, servants or employees, or by a witness, as defined by Pa. R.C.P. No. 4003.4. 3. Any and all documents containin9 the names and home and business addresses of all individuals contacted as potential witnesses. 4. Reports of any and all experts who will testify at trial includin9 any and all "preliminary,, reports, and all documents and records reviewed by each such expert includin~ all correspondence or memoranda. 5. The curriculum vitae of each and every expert who will be called to testify at trial. 6. Any and all medical records, autopsy reports, physician,s reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff. 7. Copies of your federal and state income tax returns for the five years immediately precedin~ the events ~ivin~ rise to this action and for each year subsequent thereto and all correspondin9 W-2 forms. 8. All documents or other demonstrative evidence which Plaintiff intends to introduce or use at trial. 9. All documents identified, described, specified or referenced in Plaintiff,s responses to Defendant,s Interrogatories __ First Set served upon Plaintiff simultaneously with this Request for Production of Documents. 10. All medical and related bills incurred which evidence items of special damage. 11. Any and all releases si~ned by the Plaintiff. 12. In the event this lawsuit involves either a wrongful death action or a survival action, a copy of the Petition for the Issuance of the Letters Testamentary or Letters of Administration and a copy of any "Letters, issued by the Re~±ster of Wills, as well as any Inventory and Appraisement and any proposed or final Schedule of Distribution and any other Order, Adjudication or Decree with respect to administration of the Decedent,s estate. 13. In the event a minor or incapacitated person is entitled to a recovery in this action, a copy of any Petition and any Order or Adjudication with respect to his/her status of incapacity. - 3 FOULKROD ELLIS PROFESSIONAL CORPORATION Deign A.J~llis, Esquire' Attorney ~D. No. 53229 Attorneys~for Defendant, Barry B. Moore, M.D. 1800 Linglestown Road Harrisburg, PA 17110 (717) 213-4200 Suite 305 CERTIFI~TE OF SERyICE I HEREBY CERTIFY that true and Correct copies of the foregoing REQUEST FOR PRODUCTION OF DOCUN~NTS OF DEFENDANT, BARRY B. MOORE, M.D. DIRECTED TO BE ANSWERED BY PLAINTIFF - FIRST SET was served upon Counsel of record this 4th day of February, 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 35 E. High Street, Suite 201/202 Carlisle, PA 17013 Craig A. Stone, Esquire Metre, Evans & Woodside 340! North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FOULKROD ELLIS PROFESSIONAL CORPORATION eth E. Forbes, Paralegal Exhibit C FOULKROD ELLIS 1800 LtNGLESTOWN ROAD - SUITE 306 NARRtSEURG. PENNSYLVANIA 17110 S. WALTER FOULKRDD, LEIGH A.J. ELLIS ANDREW H, FOULKROD AARON S, JAYMAN MICHAEL C. MONGtELLO TELEPHONE {717} 213-4200 FAX {717) 213-4202 E-MAIL law@foulkrod.com February 19, 2004 Nathan C. Wolf, Esquire 64 South Pitt Street Carlisle, PA 17013 Re: Slater v. Moore, et al. Docket No. 03-343 FEPC ~3441 As always, Dear Nathan: Upon reviewing the file, I noticed that we served discovery requests over one year ago on February 4, 2003 in the above- referenced matter. To date, we have not received responses. Please provide your responses in the near future to avoid the filing of a Motion to Compel. Also, I will need your responses prior to your client'S deposition. I look forward to hearing from you. ASJ:bef bcc: Sinc ,~lY yours, ~S. Jayman Keith E. Richard, Claims Examiner (PMSLIC $338984-01) Certified as a Civil Trial Advocate by the National Board of Trial Advocacy A Pennsylvarda Supreme Court Accredited Agency CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing DEFENDANT'S MOTION TO COMPEL DISCOVERY was served upon counsel of record this 9th day of March, 2004, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 64 South Pitt Street Carlisle, PA 170~3 FOULKROD ELLIS PROF~SIONAL CORPORATION SHEILA K. SLATER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARRY B. MOORE, : M.D.; and HOLY SPIRIT : HOSPITAL, : Defendants : NO. 03-343 CIVIL TERM ORDER OF COURT AND NOW, this 15t~ day of March, 2004, upon consideration of Defendant's Motion To Compel Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. -~{athan C. Wolf, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff ~Leigh A.J. Ellis, Esq. 1800 Linglestown Road Suite 305 Harrisburg, PA 17110 BY THE COURT, irc FOULKROD ELLIS Professional Corporation 1800 Linglestown Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 Fax: (717) 213-4202 SHEILA SLATER, Plaintiff, V. MOORE, M.D. Defendant, BARRY B. Attorneys for Defendant: Barry B. Moore. M.D. : IN THE COURT OF COI~RVlON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-343 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Barry B. Moore, M.D. ("Dr. Moore"), by and through his counsel, Foulkrod Ellis Professional Corporation and answers Plaintiff's Complaint, and avers the following in support thereof: 1. Denied. After reasonable investigation, Dr. Moore is without knowledge or information sufficient to form a belief as to the truth of the corresponding averments of Plaintiff's Complaint, and the same are accordingly denied and strict proof thereof is demanded at trial. 2. Admitted. 3-10. Denied. Dr. Moore denies the corresponding paragraphs of Plaintiff's Complaint in accordance with Pa.R.C.P. 1029(e). Strict proof of the corresponding averments is demanded at the time of trial. 11. Denied. After reasonable investigation, Dr. Moore is without knowledge or information sufficient to form a belief as to the truth of the corresponding averments of Plaintiff's Complaint, and the same are denied and strict proof demanded at trial. 12. Complaint Denied. The corresponding paragraph of Plaintiff's sets forth conclusions of law which are denied by operation of law, and accordingly, no response is required. To the extent a response may be deemed necessary, it is specifically denied that Dr. Moore "provided Plaintiff with substandard information regarding the risks involved in the medical care she was due to receive, that is, his description of the potential for negative results that were associated with the medical care she was to undergo fell below the appropriate standard of medical care and this violation of the appropriate standard of medical care caused, contributed to the cause, or increased the risk of harm to Plaintiff for all injuries and damages suffered by her as alleged herein." To the contrary, Dr. Moore informed Plaintiff of the risks, alternatives and benefits that a reasonably prudent person would consider to be material to the decision whether or not to undergo the procedure and Plaintiff willingly and knowingly consented to the procedure by Dr. Moore. The Stipulation filed on February 6, 2004 is attached hereto as Exhibit "A" and incorporated herein by reference. 13-18. Denied. After reasonable investigation, Dr. Moore is without knowledge or information sufficient to form a belief as to the truth of the corresponding averments of Plaintiff's Complaint, and the same are denied and strict proof demanded at trial. By way of further response, Dr. Moore denies the 2 corresponding paragraphs of Plaintiff's Complaint in accordance with Pa.R.C.P. 1029(e). 19-20. Denied. The corresponding paragraphs of Plaintiff,s Complaint set forth conclusions of law which are denied by operation of law, and accordingly, no responses are required. Dr. Moore also denies the corresponding paragraphs of Plaintiff's Complaint in accordance with Pa.R.C.P. 1029(e). Strict proof of the corresponding averments is demanded at the time of trial. 21. Denied. After reasonable investigation, Dr. Moore is without knowledge or information sufficient to form a belief as to the truth of the corresponding averments of Plaintiff,s Complaint, and the same are denied and strict proof demanded at trial. By way of further response, Dr. Moore denies the corresponding paragraphs of Plaintiff's Complaint in accordance with Pa.R.C.P. 1029(e). COUNT I Informed Consent Plaintiff v. Defendant Barr~ B. Moore, M.D. 22. The foregoing paragraphs are incorporated herein by reference as if set forth fully herein at length. 23. Denied. The corresponding paragraph of Plaintiff's Complaint sets forth conclusions of law which are denied by operation of law, and accordingly, no responses are required. By way of further answer, Dr. Moore obtained Plaintiff's consent prior to performing the posterior cervical laminectomy. Plaintiff was advised by Dr. Moore of the alternatives to surgery, the nature of the proposed procedure, and the risks and 3 complications that a reasonable patient would consider to be material to the decision of whether or not to undergo the procedure and Plaintiff willing and knowingly consented to the procedure. 24-28. Denied. Dr. Moore denies the corresponding paragraphs of Plaintiff's Complaint in accordance with Pa.R.C.P. 1029(e). Strict proof of the corresponding averments is demanded at the time of trial. By way of further answer, Dr. Moore advised Plaintiff of the alternatives to surgery, the nature of the proposed procedure, and the risks and complications that a reasonably prudent patient would consider to be material to the decision of whether or not to undergo the procedure, and Plaintiff willingly and knowingly consented to the procedure. 29. Denied. The corresponding paragraph of Plaintiff's Complaint sets forth a conclusion of law which is denied by operation of law, and accordingly, no response is required. By way of further response, it is specifically denied that Dr. Moore failed in his duty owed to Plaintiff with respect to providing her information as she reasonably should have had to decide whether to undergo the surgery. To the contrary, Dr. Moore advised Plaintiff of the alternatives to surgery, the nature of the proposed procedure, and the risks and complications that a reasonable patient would consider to be material to the decision of whether or not to undergo the procedure, and Plaintiff willingly and knowingly consented to the procedure. 30. Denied. The corresponding paragraph of Plaintiff's Complaint sets forth a conclusion of law which is denied by 4 operation of law, and accordingly, no response is required. By way of further response, it is specifically denied that Dr. Moore failed to explain to Plaintiff that surgery was simply an option given Plaintiff's medical condition, complaints, and radiological findings and that surgery was not necessary, nor was it warranted or appropriate under the circumstances. To the contrary, Dr. Moore advised Plaintiff of the alternatives to surgery, the nature of the proposed procedure, and the risks and complications that a reasonable patient would consider to be material to the decision of whether or not to undergo the procedure, and Plaintiff willingly and knowingly consented to the procedure. 31. Denied. Dr. Moore is without sufficient knowledge or information to form an opinion or belief as to the truth of the corresponding averments of Plaintiff,s Complaint, and the same are denied and strict proof demanded at trial. 32. Admitted in part and denied in part. It is admitted that Dr. Moore told Plaintiff that she could be paralyzed or suffer from paresthesia as a result of this surgery. The remaining corresponding allegations of this paragraph of Plaintiff,s Complaint are denied as conclusions of law as well as pursuant to Pa.R.C.P. 1029(e) and strict proof is demanded at trial. By way of further answer, Dr. Moore advised Plaintiff of the alternatives to surgery, the nature of the proposed procedure and the risks and complications that a reasonable patient would consider to be material to the decision of whether or not to undergo the procedure, and Plaintiff willingly and knowingly consented to the procedure. 5 33. Denied. Dr. Moore is without sufficient knowledge or information to form an opinion or belief as to the truth of the corresponding averments of Plaintiff,s Complaint and the same are deemed denied and strict proof demanded at trial. By way of further answer, Dr. Moore advised Plaintiff of the alternatives to surgery, the nature of the proposed procedure, and the risks and complications that a reasonable patient would consider to be material the decision of whether or not to undergo the procedure, and Plaintiff willingly and knowingly consented to the procedure. 34. Denied. The corresponding paragraph of Plaintiff,s Complaint sets forth a conclusion of law which is denied by operation of law, and accordingly, no response is required. It is specifically denied that Dr. Moore failed to provide Plaintiff with the information necessary for her to provide an informed consent to surgery. To the contrary, Dr. Moore advised Plaintiff of the alternatives to surgery, the nature of the proposed procedure, and the risks and complications that a reasonable patient would consider to be material to the decision of whether or not to undergo the procedure, and Plaintiff willingly and knowingly consented to the procedure. 35. Denied. The corresponding paragraph of Plaintiff,s Complaint sets forth a conclusion of law which is denied by operation of law, and accordingly, no response is required. It is specifically denied that Dr. Moore failed to obtain Plaintiff,s consent prior to the surgery constituting a technical battery. To the contrary, Dr. Moore advised Plaintiff of the alternatives to surgery, the nature of the proposed procedure, 6 and the risks and complications that a reasonable patient would consider to be material to the decision of whether or not to undergo the procedure, and Plaintiff willingly and knowingly consented to the procedure. WHEREFORE, Defendant, Barry B. Moore, M.D., demands judgment in his favor and against Plaintiff. NEW MATTE~ 36. The foregoing paragraphs are incorporated herein by reference as though set forth fully at length. 37. Plaintiff,s Complaint fails to state any claim upon which relief can be granted as against Dr. Moore. 38. To the extent currently applicable, or to the extent that it can later become applicable, Dr. Moore pleads the statute of imitations to preserve this affirmative defense for the record. 39. At all times and for all purposes material to the events set out in Plaintiff,s Complaint, Dr. Moore acted appropriately in obtaining Plaintiff,s informed consent. Dr. Moore's actions were consistent with the standard of care applicable under similar circumstances. 40. Plaintiff was advised of the alternatives to surgery, the nature of the proposed procedure, and the risks and complications that a reasonable patient would consider to be material to the decision of whether or not to undergo the procedure and Plaintiff willingly and knowingly consented to the procedure performed by Dr. Moore. 7 41. The Doctrine of Informed Consent in Pennsylvania is based upon a battery. A battery is not a negligent act. 42. To the extent that Plaintiff sustained any injury or damages claimed in Plaintiff,s Complaint, Dr. Moore in no way negligently or otherwise caused or contributed to cause any such injury of damage. 43. Plaintiff,s allegation of lack of informed consent as against Dr. Moore is without reasonable basis in fact or medicine and may constitute an abuse of civil process. 44. Dr. Moore hereby asserts and incorporates by reference any and all defenses which may be applicable to him under the Pennsylvania Health Care Services Malpractice Act, 40 P.S. ~1301.101, et seq. 45. Dr. Moore raises all affirmative defenses of the Medical Care Availability and Reduction of Error (MCARE) Act, also known as Act 13 of 2002 as a limit/bar to Plaintiff,s claims. WHEREFORE, Defendant, Barry B. Moore, M.D., demands judgment in his favor and against Plaintiff. Date: Respectfully submitted, By: FOUL Attor] ~ Leigh ~j Attorney ~O~ELLIS ONAL CORPORATION quire 565~ E~lis, Esquire D~] No. 53229 8 VERIFICATION I, BARRY B. MOORE, M.D. have read the foregoing ANSWER AND NEW MATTER OF DEFENDANT, BARRY B. MOORE, M.D., TO PLAINTIFF,S COMPLAINT, which has been drafted by my counsel on my behalf. The information contained therein is based upon information I have provided to my counsel but the wording and phraseology is not mine. The information contained in the ANSWER AND NEW MATTER is true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn fabrication to authorities which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: BARRY BJMOORE, M. D. FOLTLKROD ELLIS Professional Corporation 1800 Linglestow~ Rd., Suite 305 Harrisburg, PA 17110 Telephone: (717) 213-4200 SHEILA SLATER, Plaintiff, BARRY B. MOORE, M.D. and HOLY SPIRIT HOSPITAL, Defendants, ~ttorneys for Defendant: B r B M ore M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA : NO. 03-343 : CIVIL ACTION - LAW : JURY TRIAL DEbS%AIDED pP~AECIPE TO FILE STIPULATION TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNYSLVANIA Kindly file of record the attached stipulation. Dated: FOULKROD ELLIS PROFESSIONAL CORPOP~ATION ~~Esquir~ A~,/Jayman, Esquire Attorney I.D. No. 85651 SHEILA SLATER, : Plaintiff, · BARRY B. MOORE, M.D. and : HOLY SPIRIT HOSPITAL, : : Defendants, : IN THE COURT OF coMMON PLEAS OF cUMBERLAND COUNTY, pENNSYLVANIA No. 03-343 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION AND NOW, comes Plaintiff, Sheila K. Slater, by and through her counsel, Nathan C. wolf, Esquire, and Defendant, Barry B. Moore, M.D., by and through his counsel, Foulkrod Ellis Professional Corporation, and hereby stipulate and agree as follows: 1. Counsel hereby represent and warrant that they are authorized to enter into this Stipulation on behalf of their respective clients. 2. The only cause of action asserted by Plaintiff, Sheila K. Slater in her Complaint against Defendant, Barry B. Moore, M.D, is for lack of informed consent. 3. No language in Plaintiff, Sheila K. Slater's Complaint shall be construed to imply and/or assert a negligence cause of action against Defendant, Barry B. Moore, M.D. IN WITNESS W-HEREOF, the parties by their counsel have caused this stipulation to be executed and intend to be legally bound thereby. Date: Law 0ffic~//~ Harold S. By- ~Na~n~C.' Wo~~, Esquire A~torney I.D. N?. 87380 C~unssl for plaintiff, Sheila K. Slater Irwin, III Date: By: FOULKROD ELLIS PROFESSIONAL CORPORATION ~~Esquire At~r~y I.D. No. 53229 Aaron S. Jayraan, Esquire Attorney I.D. No. 85651 Counsel for Defendant, Barry B. Moore, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing PP~AECIPE TO FILE STIPULATION was served upon counsel of record this 5th day of February, 2004, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire 64 South Pitt Street Carlisle, PA 17013 FOULKROD ELLIS CO PO T ON BY:Beth E7. Forbes, P~alegal CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, BARRY B. MOORE, M.D. TO PLAINTIFF'S COMPLAINT was served upon counsel of record this 15th day of March, 2004, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Nathan C. Wolf, Esquire Attorney at Law 37 South Hanover Street Suite 201 Carlisle, PA 17013 FOULKROD ELLIS PROFESSIONAL CORPORATION BY:Beth E. Forbes~gal HAROLD 8. IRWIN, III, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-~090 ATTORNEY FOR PLAINTIFF SHEILA K. SLATER, Plaintiff V. BARRY B. MOORE, M.D., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 -,i~3'CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUF To the Prothonotary: Please settle and discontinue the above matter, with prejudice. June 7, 2004