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Home My WebLink About00-05140 . ~lili\W OFFICE OF {'.-. PROTHONOTARY "~- t . c Stephen E. Farina Prothonotary Front & Market Streets Harrisburg, Pa. 17101 (717) 255-2698 Dauphin County June 29, 2000 Curtis R. Long, Prothontotary Cumberland County Courthouse Hanover and High Streets 'Carlisle PA 17013 RE: JEANINE GOODWIN vs. STEVEN B. WOLF, M.D. Daupnin County Docket No. 57-S-2OO0 Cumberland County Docket No. 00 - ..s--/'IO CULl(~ Dea.r Sir/Madam: By Order of 6-27-00 by the Hon. Larence F. Clark, Jr., Judge, the above matter has been transferred to the Court of Common Pleas of I am, accordingly, sending originals of all the papers herewith. I will appreciate the return attached receipt addressed to the attention Mrs. Kay S. Wentzel. the , , \ \ very. truly yo rsl, . , ~(jjlZ)(J.--. -ryL'i.v,vQ) ~~~n E. F ina Prothonotary SEF: ksw ~~ --I .. "_..;,;i;,-, <' Do - S' 14C>-C!..uh { COURT OF COMMON PLEAS DAUPHIN COUNTY CIVIL ACTION SUITS 2000 Printed by: IMR Limited - Form 397 E917322 2000-S Date of Entry Appearance For: Plaintiff: Defendant: "1AIJ. "2 (J ZOt::ln- Pb<';r '-I- . !':GI..U~1 t P. C ()J..J p,,,, 1-1 Al F= ~~ oJ:' e'lU~4t.., J<:lPPE=.A.JZ.A1-JcF F /1, ~ ~ n So Answer ,;1. . Lotwick. Sherif/. Paid $ Enlry By Summons ( ) Complaiut ( 'X ) Petition ( ) Appeal ( ) Custody ( ) Assumpsit ( ) Divorce ( ) Mortgage Foreclosure ( ) Change of Name ( ) Ejectment ( ) Quiet Tide ( ) Appt. of Viewers ( ) Replevin ( ) Declaration of Taking ( ) Forma Pauperis ( ) Mental Health ( ) Protective Order ( ) District Justice ( ) "EVP.N Et ,o.r_K. I D IF I=B N I'>A tJT 5 ) i=:'5l>l.ulJZ..E. .'57F"vE:, ...1 -If ~o~. '.. ~.~ ~~ ~ - ~~e-~~-r -;f1 ~~ :~~~ AP~IL 17, Z.ObD - ...JtrTlt":: r>f" J ~ i"rt:Io./T..,-" S t:f!.,j,= A SUB pDE: i'J14, ,=/1 r=-r> , J1JN6 Z{). ? /")r>(") - PE.,TION F"D/2... "-RAN"i1="G:1t ~ VC= "'-luE. . P, 1 FD June 21, 2000 - Upon consideration of Defendant Steven Wolf, M.D. 's Petition for Transfer of Venue, it is hereby ORDERED that said Petition is granted. This matter is hereby transferred to the Court of Common Pleas of Cumberland County, with all costs and fees to be the responsibility of Plaintiff, pursuant to Pa.R.C.P. 4006. /s/ Lawrence F. Clark, Jr., Judge See ORDER, filed. Copy mailed 6/22/00. June 27, 2000 - Pursuant to the order of June 21, 2000, signed by the Honorable Lawrence F. Clark Jr., regarding the transfer of venue in the above-captioned action, the Prothonotary is hereby directed to transfer this matter to the Court of Common Pleas of Cumberland County, with ,- ^. Dale/ l,l\!.o~f'\ (FORWARD TO FOILOWING PAGE) Date/Amount Filing Fee C r$o u~ ~ Adm. Fee ~ Divorce Atty. Appearance Adm: Fee - Cuslody . Sheriffs Costs App't. of Master Discontinuance Cash Bond Praecipe for Argt. Cert. of Readiness . Rule of Reference Escrow Funds . 57 ~ ~~ ~>-~~" ~ ~ ,- ,~" ,,'~'--, -., ' ,".--~ , ,,"_ 0 . 'd--,,"N"'~ , ,__ .., < ",'; Co N ' ~,~~ . ,~~ - ""~~~. " " 57 S Continued all costs and fees to be the responsibility of Plaintiff, pursuant to Pa. R.C.P. 4006. /s/ Lawrence F. Clark, Jr., Judge. See ORDER filed. & - c:<. q - o-rJ I herd:;\(, 'i;Bt\~h,' '~ij:;,:' H~E fom~lo!ng i~ ~ t:ua ciiJU c:t:ifDci C(jPV 1\,1 the original flIed. / \ .)tp.(1() c!.. /+J0JtvWJ Prothonotary / '- i':' -- ..1 _,~_""",~J""-:",,,",,"" __ J!I!Il~] ~ LJII !t!,JJL ~"F'''~'~_~ c.' uml;!~~~r!~~I!fW*"1'1,",J'!"i'''''i:>'''~''_'''k'*--'I%1-!'e;','5R",i:,.l"~~"""""""""I~l~~~~",, , ,% "'?" '~,,",,",,""'" ,I ., 1lI1!'W1':',. ** c0'3~~d l~LOL ** POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. STEVEN B. WOLF, M.D., CIVIL ACTION - LAW NO. 57-S-2000 Defendant JURY TRIAL DEMANDED AMENDED ORDER AND NOW, thi~ay of ---;JC;;jf 2000, pursuant to the Order of June 21,2000, signed by the Honorable Lawrence F. Clark, Jr., regarding the transfer of venue in the above-captiol1ed action, the Prothol1otary is hereby directed to transfer this matter to the Court of Common Pleas of Cumberland County, with all costs and fees to be the responsibility of Plaintiff, pursuant to Pa. R.C.P. 4006. BY THE COURT: c0/c0'd S0BcSSc 01 SB6, ,E~ ~,~ 8BH ll3H~S-LSOd d~ 6S:C> 000c cc Nnr , "~,- ~--'." ,- '" 1-- ,'.' , ,', " .~< ' H' "~::' ':,_ '~:'~_:;;,;<~;,':~,~~::. '~:'-<r-,~: ~', ' ,,"'X , :'i . POST & SCHELL, P.C. BY: EVANBLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN Plaintiff, IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW STEVEN B. WOLF, M.D. NO. 57-S-2000 Defendant. JURY TRIAL DEMANDED ORDER ANDNOW,this 2ftJc,dayO~ d()V~ , 2000, upon consideration of Defendant Steven Wolf, M.D.'s Petition for Transfer of V enue, it is hereby ORDERED that said Petition is granted. This matter is hereby transferred to the Court of Common Pleas of Cumberland County, with all costs and fees to be the responsibility of Plaintiff, pursuant to Pa. R.C.P. 4006. BY THE COURT: J. ) . POST & SCHELL, P.C. BY: EVANBLACK !.D. # 17884 240 GRANDVIEW AVENUE CAMP IDLL, P A 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN Plaintiff, IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW STEVEN B. WOLF, M.D. NO. 57-S-2000 Defendant. JURY TRIAL DEMANDED PETITION FOR TRANSFER OF VENUE AND NOW, comes Defendant Steven B. Wolf, M.D., by and through his attorneys, Post & Schell, P.C., and for his Petition to Transfer Venue, states as follows: I. This is a medical malpractice action, with Complaint filed in the Court of Common Pleas of Dauphin County in January 2000. 2. Defendant filed Preliminary Objections to the Complaint on or about February 3, 2000. The Defendant contends that venue is improper in Dauphin County, and contends that venue would be proper in the Court of Common Pleas of Cumberland County, pursuant to Pa. R.C.P. 1006(e). 3. Plaintiffs counsel has agreed to transfer venue to the Court of Common Pleas of Cumberland County, as evidenced by the Stipulation attached as Exhibit "A". o . ,',', ~',- .--~ ,,~"__ ~., '.. .;c".~ .F" > "'^ " . .,C,'_-,_ -- '.,' ~;---""'., , .. . 4. Plaintiff further agrees and stipulates to be responsible for any costs and fees associated with transferring venue and establishing an action in the Cumberland County Courts, also as evidenced by the Stipulation at Exhibit "A". 5. Defendant hereby withdraws his Preliminary Objections to the Complaint, upon transfer of venue. WHEREFORE, Defendant Steven Wolf, M.D., respectfully requests this Honorable Court grant the within Petition, and Order that this action, and the Court file, be transferred to the Court of Common Pleas of Cumberland County, pursuant to Pa. R.C.P. 1006(e), with all costs and fees to be the responsibility of Plaintiff. Respectfully submitted, POST & SCHELL, P.C. DATE, "/1/" JOHN ~~~UffiE ill #75741 240 Grandview Avenue Camp Hill PA 17011 (717) 731-1970 Attorneys for Defendant -2- , POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN Plaintiff, IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STEVEN B. WOLF, M.D. NO. 57-S-2000 Defendant. JURY TRIAL DEMANDED STIPULATION TO TRANSFER VENUE IT IS HEREBY stipulated and agreed, by and between the undersigned, counsel for the respective parties, that this matter shall be transferred to the Court of Common Pleas of Cumberland County, in response to Defendant's Preliminary Objections to the Complaint. It is further stipulated and agreed that all costs and fees for this transfer are the responsibility of Plaintiff, pursuant to Pa. R.C.P. 1006(e). Defendant further agrees to withdraw the Preliminary Objections, and file an Answer within twenty (20) days of establishing venue in Cumberland County. - -;--,1,;.-, '''',-". -" ',;"i. CERTIFICATE OF SERVICE I, Candice M. Baker, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same in the United States mail, fIrst-class, postage prepaid: Terry S. Hyman, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 D.mY ~ ' JZh~<~ CANDICE M. B ,. .", . .'.'.~,' ~~ 1.0._ 'C:: '<} <:);-. ~ ! ; :",..;(.,0 :_'-'/. i.~,J Lt.. t----. :::COa c:: Cl.. '., .dJ :"-' g - ~ "" '" .~". - - ~ ~ ..., ,,'0 '. --:~;.-,f" . -- -'- "'~ kI.. '-"-~ :.;::) '.:::.{ Q ~" ~~, =,~,~ , ::':";';"9' '"_,,:.,,, ,'" .:""""'" , .. . . , , ,,",.' , cO" ". 11 ~I , . ,- _n_ " .ie,". '~' '~_,,' ,-' ","'-',-00-"'" ~"~ "',-l" -",,,,_,,,,,,,-,,_-,,,, '-;._,,,;:. 1';';;0<11 " JEANlNE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v~. CNIL ACTION - LAW NO. STEVEN B. WOLF, M.D. Defendant 57-S-~OCO JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS 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. Dauphin County Lawyer Referral Service 213 N.Front Street Harrisburg, P A 1711 0 (717) 232-7536 I I I ! Ii Ii :! I ,I I , I ~ , ", i ,"-, ',- , '," ,'~-; ~,'-- ,.-::' ;: . ~ . .,~,__,"cc' ,..-' "'--A' ~I;" '-"-1 <, JEANINE GOODWIN, . Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYL V ANlA vs. CNIL ACTION - LAW NO. 57-S-~ JURY TRIAL DEMANDED STEVEN B. WOLF, M.D. Defendant NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TlENE ABODAGO 0 SI NO TlENE EL DINERO SUFIClENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17110 717-232-7536 "" '--" ' ", ,.' ,}. . ~.:, ',--:;";';',..: -, -',-'~~": ,.. ,.,--';' <., ; . ",..' ~:>.:) ., JEANINE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA vs. CNIL ACTION - LAW NO. 57-S-d,C(X) JURY TRIAL DEMANDED STEVENB. WOLF, M.D. Defendant COMPLAINT 1. Plaintiff Jeanine Goodwin is an adult residing in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Steven Wolf, M.D., is a licensed medical practitioner, holding himself out as a specialist in orthopedic surgery as a member of the Orthopedic Institute of Pennsylvania located in Camp Hill, Pennsylvania. 3. Defendant Steven Wolf has privileges in hospitals located in Dauphin County, Pennsylvania, perfonns surgeries and treats patients in Dauphin County, Pennsylvania, solicits and receives patients from Dauphin County, Pennsylvania, and otherwise regularly and continuously practices medicine and otherwise regularly conducts business in Dauphin County, Pennsylvania. 4. In May 1998, Defendant Steven B. Wolf, M.D., accepted a consultation for Jeanine Goodwin for longstanding back problems. Jeanine Goodwin had previously been a patient of Dr. Wolff or back problems in the past. 5. On May 21, 1998, Defendant Wolf determined that Jeanine's back problems had progressively worsened over time and discussed proceeding with a spinal surgery. 204195.1\TSH\SFM " ;. , ~ b-' = ., '~, ,. ""',""" ",' "-, ,- -, -,-~"--;-,, - . 'A" "~"',;, ~"> \,,':-;;~, .'"',~ ,... ","',,:1 6. In May 1998, Defendant Wolfrecommended that Jeanine Goodwin undergo major back surgery including laminectomies and fusion of her lower spine. 7. On July 17,1998, Defendant Wolf performed an extensive back surgery. 8. During the July 17 surgery, while shaping bone on the vertebrae outside of the dural sac with a high speed drill, Defendant Wolf permitted the burr on the drill to penetrate the dura covering the spinal cord and come in contact with several nerve roots within the canal. 9. Despite having penetrated the dura, Defendant Wolf did not identifY nor take steps to repair the cut and macerated nerves. Rather, he sewed the dura shut and closed the wound. 10. Shortly after surgery, J eanine noted an absence of feeling in the areas served by the damaged nerves as well as difficulties concerning defecation and urination. She had never had similar signs or symptoms before Dr. Wolf damaged the nerves in her lower spine. 11. On July 18, based upon Ms. Goodwin's neurological symptoms, Defendant Wolf, in conjunction with a neurosurgeon, reoperated on J eanine's spine. 12. Upon reexploration, the surgeons found several injured nerve roots. Two roots were actually cut with some maceration. 13. Following her July 17 surgery and as a direct result of the injuries to her nerves from the burr entering the canal when it was not intended to do so, Jeanine has developed and continues to suffer from neurological deficits which were not present prior to surgery. 14. J eanine has lost sensitivity in the area of her vagina and her genitals which have for all intents and purposes completely eliminated her sexual sensitivity. 2Q4195.1ITSH\SFM 2 li --.-;1" ~,.' . .", ,~. ,<~ ;',..,-",'-- ; ',,i ,:,-,,,"- ---:-"'-"~k>,';'j 15. As a direct result of the nerve root injury, Jeanine Goodwin has developed difficulties with urination and defecation, developing neurogenic bowel and bladder dysfunction. 16. Among her symptoms are urinary urgency, incontinence, and pain with bowel movements. 17. A pelvic floor surface EMG evaluation indicates that she has some impaired neuroelectrical control of the pelvic muscles resulting in fatigue of those muscles. 18. Additionally, Jeanine's bowel movements occur in a wholly unexpected and unpredictable fashion. 19. As a direct result of her neurological injuries and the resulting bowel, bladder, and sexual problems, Jeanine has required counseling and treatment for depression and anxiety. 20. As a direct result of her physical problems, Jeanine, who was working despite her back injuries, has been unable to continue at her job as a salesperson. 21. As a direct result of her loss of a job, Jeanine Goodwin has no medical coverage beyond medical assistance and no income by which to purchase such coverage. 22. As a result of the injury to her nerves from Dr. Wolfs surgery, Jeanine Goodwin has suffered the following damages: a. Permanent loss or impairment of the normal function of her bowel and, to a lesser degree, her bladder; b. A significant loss of sexual function; 204195.1\TSH\SFM 3 1 O! c. Mental and physical anguish, pain, suffering, and loss of self-image; d. An impairment of her earning capacity, past and future. 23. Jeanine Goodwin has also incurred, in the past and will incur in the future, medical, counseling and related expenses which would not have been necessary had Defendant Wolf not injured the nerves in her spinal canal. 24. The injuries alleged herein were the direct and proximate result of the negligence of Defendant Steven B. Wolf, M.D., in the following fashion: a. Performing her back surgery in a technically incorrect manner such that he penetrated the dura with a high-speed drill while operating on an area removed from the dura; b. Failing to use proper techniques to protect the dural sac and nerve roots therein from injury during the surgical procedure performed on July 17, 1998; c. Injuring the nerve roots within the spinal canal when he did not intend to enter the canal during that portion ofthe surgery; d. Failing to use all standard and acceptable measures to avoid penetrating the dura and injuring nerves during the surgery; e. Failing to note and repair the damaged nerves in the dura when they were or should have been readily apparent during the July 17 surgery; f. Failing to explore the cauda equina through a midline dural incision to determine the extent of the nerve roots thereby avoiding the need for a second surgery; 204195.lITSH\SFM 4 j , ~' --- ~ - ~ ____ "I' -,' > '.- ',-~l'sJ..J;k~>.o-;"-,;<",_~",;,,,~,,;~ __~"_-,,~'_,;\,." ~,"',6'-,.""- ""C'l ~ g. Failing to obtain the assistance of a neurosurgeon either prior to or following the dura tear on July 17, 1998 although such assistance was requested by the patient. 25. Defendant Wolf is also liable under the doctrine of Res Ipsa Loquitur as the severing and maceration of nerve roots while preparing the bed of a facet joint would not occur in the absence of negligence by a physician performing the procedure. WHEREFORE, Plaintiff, Jeanine Goodwin demands judgment against Defendant, Steven B. Wolf, M.D. for compensatory damages in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINa & ROVNER, P.C. -~",_.., .." Terry S. LD.No. 6 4503 North Front Street Harrisburg PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: I It! PO 204195.1\TSHlSFM 5 , . VERIFICATION ,-' . 0- "" ~",---^-o:;",.-, ";';';O"~,_;, """~' <'c' ',-' ":;iili I, J eanine Goodwin, verifY that the facts set forth in the foregoing Complaint is true and correct to the best of my knowledge, information, and belief I understand that this verification is made subject to the provisions of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. (-~\ ! , DATED: (/ T jr/tJ J eanine 900dwin ( 204200.1 \SFMlSFM , i: li " .a ~'J' :~). \~:; ~.~~~ "_J ,___._, €5 p ;:C. 0-- ~ ,... <:-J ':..- ~~'," ,.:-,.'. " ',Li '~-;.:.. '<",,, (;) ~ :::. ~ '11 \!_ '_."" :'.~-""""",0 ::s; ::;:. ........- c:. idO 0.- ...... \..'- ~,=,~ '~;s.. ::::> , Ii !j :1 I,) Ii Ii I ,i ii l] ,I f! I i,; 'I I] 'I i'l I' Ij I .._--~ ~) ...,--- or , ,,~ , . 1lI'1 ~ "A " '!iW_ ~~---,,,,,,-,!,, ,l~m""""',,~ '.~"""" ,I' . .'-;"'r~ ,,~,-,,' .", ~ ,__", ;;.."~; . ..... ~ POST & SCHELL, P.c. BY: EVANBLACK !.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717)731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN Plaintiff, IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW STEVEN B. WOLF, M.D. NO. 57-S-2000 Defendant. JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Steven B. Wolf, M.D., in connection with the above-captioned matter. Respectfully submitted, POST & SCHELL, P.C. ~b~~/-- EVAN BLACK, ESQUIRE Attorney for Defendant Steven B. Wolf, M.D. , II . m. 0' CRRTTFICA TR OF SRRVICR I, Kelley Spangler, an employee ofthe law offices of Post & Schell, P.C., do hereby certifY that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Terry S. Hyman, Esquire ANGINa & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 17110 DATE: 1-19-00 l(~om'8~If) KELLEY SP G R i~ ,CGcTJEO OFFiCE OF ',nnTl.!"'<lnT~RY t ;"u j I ,ur~U IF'< lunu J~N 20 P I: lb J {q n '\ \ I l'l'rl\",'1 COl\\lTY _"", _,:, ,. .ui~ n 11-'~-~ f' " . ..... ~~ .,.::.-.. ,.."t~ Rd 'l'>~.\~J~;J.? '0 ~llJ!~I_ , ~.,~_ , e,' , ,~, ~. - , .'~ ',,;. ,~ . 'q., @iiice of ilTe ~4eXiff William T. Tully Solicitor Ralph G. McAllister ChiefDeputv Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg. Pennsylvania 171 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 0057-S - -2000 AND NOW: January 14, 2000 at 11:13AM served the within COMPLAINT upon WOLF STEVEN B MD by personally handing (CUMBERLAND co) to JOANNE THOMPSON, RECEPTIONIST 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at POE: ORTHOPEDIC INSTITUTE OF PA 875 POPLAR CHURCH RD CAMP HILL, PA 17011-0000 So Answers, JR~ Sheriff of Dauphin County, Pa. Plaintiff: GOODWIN JEANINE " Sheriff's Costs: $46.00 PD 01/07/2000 RCPT NO 132135 '"",..;';' l!llllil~ffi'l!Wjl4i!~~~~ilili!iilliiIH -~."".....=<" ~'"~o "'~~~il"" ,,",,,,~~,,,, ,--;, ~ '....... riHllil_- 1 Date /-2/ Entered ByJ3~ ,"'-'~ ~ ,. - SHERIFF'S RETURN - REGULAR CASE NO: 2000-00035 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOODWIN JEANINE VS WOLF STEVEN B MD KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within SUMMONS AND COMPLAINT was served upon WOLF STEVEN B MD the DEFENDANT , at 1113:00 HOURS, on the 14th day of January at ORTHOPEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD 2000 CAMP HILL, PA 17011 by handing to JOANNE THOMPSON, RECEPTIONIST AND ADULT IN CHARGE a true and attested copy of SUMMONS AND COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 2.50 .00 .00 30.42 ?~;;.~~ R. Thomas Kline 01/14/2000 ANGINO AND Sworn and Subscribed to before By: RO~/ 1<~~ Deput Sheriff ' <IDffir~ nf t4~ ~4~riff nf ~auplrin QInunfU, JI~nnsulfrania GOODWIN JEANINE Plaintiff No. 0057-S - - -2000 vs ". \,' WOLF STEVEN B MD (CUMBERLAND CO) Defendant And Now; January 10, 2000 I, hereby Deputize the Sheriff of CUMBERLAND County, Pennsylvania, to seNe the within COMPLAINT upon WOLF STEVEN B MD (CUMBERLAND CO) at POE: ORTHOPEDIC INSTITUTE OF PA 875 POPLAR CHURCH RD CAMPHILL,PA 17011-0000 According to Law. Copies: 1 Advanced Costs: $100.00 So Answers J!!~ J. R. Lotwick, Sheriff of Dauphin County, Pa. KINDLY RETURN THIS DEPUTIZATION WITH YOUR RETURN OF SERVICE .----------------------------------------------------------------- .----------------------------------------------------------------- RETURN 'I . . ~." "",.",~--"." .-,." i<.>"" "~'-' '0'_,''''.,,, . __~'" -- .,;" ".",~"" ."~~, , JEANINE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 57-5- CJ,o:x) JURY TRIAL DEMANDED STEVEN B. WOLF, M.D. Defendant SHERIFF DIRECTIONS TO THE SHERIFF: Please serve, by deputized service, Defendant Steven B. Wolf, M.D., at his place of work at Orthopedic Institute of Pennsylvania, 875 Poplar Church Road, Camp Hill, Cumberland COlmty, Pennsylvania, by leaving a copy of the enclosed Complaint with him or with the individual in . charge at that time. ANGINO & ROVNER, P.c. re DATED: ;/1' fa () 205990.1 \TSHlSFM Sheriff GOODWIN JEANINE j; VS. OLF STEVEN B MD (CUMBERLJIND CO) POE: ORTHOPEDIC INSTITUTE OF PA 875 POPLAR CHURCH RD CAMP HILL, PA l70ll (01 COPY) '"",,: . ;I-cO I I I I I I I ~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i" I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I No. 0057-S - - -2000 COMPLAINT Directions to Sheriff of Dauphin County, PA MAILED- 1/ll/2000 CUMBERLJIND CO. COSTS:$100.00 HYMAN TERRY 4503 NORTH FRONT ST HBG, PA 17HO 238-679l . , . 0/-07- ;;'ODO IYb.oO 4/-3;;2-/:3/ ~ " , .-" , ,~,-;--, " _n' ,j, ,"-';'".'" : :,,". J,. -" -,,~_:~_' :'.' "':""~4 ' " - _ . . ,~- , '"^. ,c_ "..' ,^-.->-^",,-." ,_ .~__- . c, _, '~L' _,"-,_.'. , -" "",: ,,_ -;_,_, ,~;, , 'c., " .--"",~ " ... POST & SCHELL, P.C. BY: EVAN BLACK J.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN Plaintiff, IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STEVEN B. WOLF, M.D. NO. 57-S-2000 Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2000, upon consideration of Preliminary Objections of Defendant Steven B. Wolf, M.D., it is hereby ORDERED that said Objections are granted. It is further ORDERED that venue is improper in the Court of Common Pleas of Dauphin County, and that this action shall be transferred to the Court of Common Pleas of Cumberland County, with all costs and fees for transfer and removal of the record to be paid by Plaintiff. BY THE COURT: J. .;'.--",,-- '<" '". , ,,' ~,' ",,, "-,)" .,', '." --. -",-" ,.,'. '". ,"- ",: ", -'~'; ','--',,-," .' l' POST & SCHELL, P.c. BY: EVANBLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN Plaintiff, IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW STEVEN B. WOLF, M.D. NO. 57-S-2000 Defendant. JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Steven B. Wolf, M.D., by and through his attorneys, Post & Schell, P.C., and for his Preliminary Objections to the Complaint, states as follows: 1. This is a medical malpractice action, alleging injuries from back surgery performed by Defendant on July 17, 1998. 2. As alleged, Defendant physician practices medicine in Camp Hill, Pennsylvania. Camp Hill is located in Cumberland County. 3. Plaintiff further alleges that Defendant "has privileges in hospitals located in Dauphin County, Pennsylvania, performs surgeries and treats patients in Dauphin County, Pennsylvania, solicits and receives patients from Dauphin County, Pennsylvania, and otherwise regularly and continuously practices medicine and otherwise regularly conducts business in Dauphin County, Pennsylvania. " -','",. .." ~-~_ <-- ,- I w '-. "" c. ""'=,'C"'" . ".H,,'-,O- ".' ,,,.,-.,.. ,,~< ,,-, ~" ,.'" ..~, i<..'-,,_ Co' "IlllL' " 4. Claims in negligence are asserted against Defendant Dr. Wolf. Preliminary Objection to Improper Venue: Pa. R.C.P. 1028(a)(I); Pa. R.C.P.I006. 5. Plaintiff commenced this cause of action in the Court of Common Pleas of Dauphin County, Commonwealth of Pennsylvania. 6. Defendant, Dr. Wolf, was served with original process at his place of business, Orthopedic Institute of Pennsylvania, Camp Hill, Cumberland County, Commonwealth of Pennsylvania, on or about January 14,2000. 7. Service was performed by the Cumberland County Sheriff Department. 8. Pa. R.C.P. 1006 provides for venue in causes of action against an individual only, as follows: [A]n action against an individual may be brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law. 9. Plaintiff has not alleged the location of the particular surgery in question. To Defendant's best knowledge and belief, as reflected in relevant medical records, this surgery took place at Holy Spirit Hospital, Cumberland County. 10. Plaintiff has failed to allege any "transaction or occurrence, out of which this cause of action arose" situated in Dauphin County. 11. While Plaintiff alleges that Defendant Dr. Wolf regularly conducts business in Dauphin County, this is irrelevant to establishing venue against an individual. Pa. R.C.P. 1006(a). -2- , , ._".. , , u , ~" ... ~J..I '" 1,' '<' . .. ',;,- '."n__' ,,'.'C.,' ,","" " :', . .. .-'",-0",::-",;,'-: ,"",; .' t' 12. Venue is improper in Dauphin County, as Defendant was not served with original process in Dauphin County. See, Slezynger v. Bischak, 307 A.2d 405 (Pa. Super. 1973); Tyson v. Basehore, 22 Cumbo 53, affd, 295 A.2d 189 (Pa. Super. 1972); Salay V. Braun, 235 A.2d 368 (Pa. 1967). 13. Pursuant to Pa. R.C.P. 1006(e), if a preliminary objection to improper venue is sustained, and there is a county of proper venue within the state, the action shall be transferred to the appropriate court of that county, with costs and fees for transfer and removal ofthe record to be paid by the plaintiff. WHEREFORE, Defendant Steven Wolf, M.D., respectfully requests this Honorable Court grant the within Preliminary Obj ection, and order that this matter be transferred to the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, with all costs and fees for such transfer and removal ofthe record to be paid by Plaintiff. Respectfully submitted, DATE: POST~;/~ EV~BLACK,ESQlITRE ill #17884 JOHN R. KANTNER, ESQlITRE ill #75741 240 Grandview Avenue Camp Hill, PA 17011 (717) 731-1970 Attorneys for Defendant -3- ,_c""",;';;'",,!<""" . , "'!1!;,[li U!/!~/UU v~;~u rh~ I~I 100 ~~Uj C UJ.VV _~LJ.,"V vJ..o."1.J..l'J,~ ~VV<J -' : VS, IN TEE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. PENNSYL V ANlA CIVlL ACTION - LAW NO. 57- '2)- ::JOOO JURY TRIAL DEMANiiE'o JE."-NJNE GOODWIN, Plaintiff STEVEN B. WOLF, M.D. Defendant COMPLAlNT 1. Plaintiff Jeanine Goodwin is an adult residing in Carlisle, Cumberland County, Pe:tllJSylvama. 2. Defendant Steven Wolf, :vI.D" is a licensed medical practitioner, holding himself out as a specialist in orthopedic surgery as a member of tlte Orthopedic Institute of Pennsylvania located in Camp Hill, PeIlIlS)'lvania. 3, Defendant Steven Wolf has privileges in hospitals located in Dauphin County, Pennsylvania, perfoIDlS surgeries and treats patients in Dauphin County, Pennsylvania, solicits and receives patients from Dauphin County, Pennsylvania, and othexwise regularly and continuously practices medioine and otherwise regularly conducts business in Dauphin County, Pennsylvania. 4. In May 1998, Defendant Steven B. Wo1:f; M.D., accepted a consultation for Jeanine Good,vin for longstanding back problems. Jeanme Goodwin bad previously been a patient oiDr. Wolffor back problems in the past 5. On May 21.1998, Defendant Wolfdetennined that Jeanine's bacle problems had progressively worsened over time and discussod proceeding with a spinal su~~. D p~-"-ent ulalms e ~'"'' . 204195.1\TSI{ISFM JAN 14 'lCDD RECEiVED ~ jO lSNI OHl~O Wd5v:2 0002'v,'N~r 717 766 4207 PAGE. 03 6/v'" 9,S'ON JAN 18200009:11 U1/l~/UU U~:l! tAA III Ibb 4~UI ~- -~ l'.tlJ.\.-U .'U:..KU ....L..UI'.1.:;J lf0 UU4 6. In May 1998, Defendant Wolfrccommended that Jeanme Goodwin undergo major back surgery including laminectomies and fUsion of her lower spine. 7. On July 17, 1998, Defendant Wolfperfurmed an extensive back surgery. 8. During the July 17 surgery, while shaping bone on the vertebrae outside of the dural sac with a high speed drill, Defendant Wolfpenni.tted the bUIl' on the drill to penetrate the dura covering the spinal cord and come in cOlltact With several nerve roots within the canal, 9. Despite having penEm"ated the dura, Defendant Wolf did not identify nor take steps to repair the cut and macerated nerves. Rather, he seWed the dura shut and closed the wound. 10. Shortly after surgery, J eanine noted an absence of feeling in the areas served by the damaged nerves as well as difficulties concerning defecation and urination. She had never had similar signs or symptoms before Dr. Wolf damaged the uerves in her lower spine. 11. On July 18, based upon Ms, Goodwin's neurological symptoms, Defendant Wolf; in conjUllction with aneurosurgeoD, reoperated on J canine's spll:1e. 12. Upon reexploration, the 61lrgeons found several injured nerve roots. Two roots were actua11y cut with some maceration. 13. Following her July 17 5Utgery and as a direct result of the injuries to her fieNeS from the burr entering the canal when it was not intended to do SQ, J eanine has developed and continues to suffer from neurological deficits which were not present prior to surgery. 14. Jeanme has lost sensitivity in the area of her vagina and her genitals which have fur all intents and pUlposes completely eliminated her selmal sensitivity. Claims Departmei1~ 204195.1\TSH\SFM 2 JAN 1 4 zooe RECEiVED 6/S'd 9l:9'OI-J JAN 18200009:12 ~d jO lSNI OHL~O WdS?:2 0002'v,'N~r 717 766 4207 PAGE. 04 ,.. ,-. , ~~ ""'~, Ui(~~/VV V~;~~ r^~ I~I 100 ~~VI rnLlvV .~t::.J:\V 1vL."\..Ll!l.:1 lfI::J UU<> .' 15. As a direct result of the nerVe root injury, Jeanine Goodwin has developed difficulties with urination and defecation, developing neurogenic bowel and bladder dysfunction. 16. Among her symptoms are urinary urgency, incontinence, and pain with bowel to,ov~ents. 17. A pelvic floor surface EMG evaluation indioates that she has some impaired neuroelectrical control ofilie pelvic muscles resulting in fatigue of those muscles. 18. Additionally, Jeanine's bowel movements occur in a whoUyunexpected and unpredictable fashion. 19. As a direct result of her neurological injuries and the resulting bowel, bladder, and sexual problems, Jeanine has required counseling and treatment for depression and anxiety. 20. As a direct result of her physical problems, J eanme, who was working despite her back h~uries, has been unable to continue at her job as a salesperson. 21. As a direct result of her loss of a joo, Jeanine Goodwin has no medical coverage beyund medical assistance and no iIlcome by which to purchase such coverage. 22. AJ; a result of the injury to her nerves from Dr. Wolf's surgery, Jearrine Goodwin has suffered the following damages: a Pennanent loss or impairment of the nonnal function of her bowel and, to a lesser degree, h"" bladder; b. A significant loss of sexual function; ClaIm!!! Oepartmeni. Z0419S.1\ISll'SFM 3 Jf.\N 14 zooe RECENED 6/9'" 9]:9'ON JAN 18200009:12 ~d jO lSNI OH1~0 WdSv:2 0002'vT'N~r 717 766 4207 PAGE.0S UJ./J.O'VV " ~. ~- ,-' V~.J.J. C^A I~l IVV ~~VI .............v .'i..onV ........................ 'i:!:J VVV .- " c. Mental and physical anguish, pain, suffering, and loss of self-image; d. An iropairrne.ut of her earning capacity, past and future. 23. J eanine Goodwin has also incurred, in the past and will incur in the future, medical, counseling and related expenses whioh would not have been necessary had Defendant Wolf not injured the: nerves in her spinal canal. 24. The injuries alleged herein were tb.e direct and proximate result of the negligence of Defendant Steven B. Wolf, M.D., in the following fashion: a. Perionning her back surgery in a technioally incorrect mamier such that he penetrated the dura with a high-speed drill while operating on an area removed from the dura; b. Failing to me proper techniqu(:s to protect the dural sac and nerve ~oots therein from injury during the surgical procedure perionned on July 17, 1998; c. Injuring the nerve roots withiJn the spinal canal when he did not intend to enter the canal during !hat portion of the surgery; d. Failing to me all stand:rrd and acceptable meaSllIes to avoid penetrating the dura and injuring nerves during the surgery; e. Failing to note and repair the damaged nerves in the dura when they were or should have been readily apparent during the July 17 s:\1Igety, f. Failing to explore tho cauda equina through a midline dural incision to determine the eAient of the nerve roots thereby avoiding the need for a second surgery; Claims Oepartm~nl 204195.11TSHISFM 4 JAM 1 4, ZOlli) 6/L'd 919'ON JAN 18200009:12 RECEiVED ~d 30 lSNI OH1~O WdSv,Z 000Z'vl'N~f 717 766 4207 PAGE. 06 ",,< Ol/l~/UU U~:ll tAA III Ibb 4~UI rttl~V ~LrtV v~~lM~ lft:.I UU I 'I ., ; g. Failing to obtain the assistance of a neurosurgeon either prior to or fullowulg the dura tear on July 17, 1998 although such assistance was requested by the patient. 25. Defendant Wolf is also liable 1lllder the doctrine of Res Ipsa Loquitur as the severing and maceration of nerve roots wbile preparing the bed of a facet joint would not occur in the absence of negligence by a physician perfonnmg the procedure. WHEREFORE, Plaintiff; Jeanme Goodwin demands judgment against Defendant, Steven B. Wolf, M.D. for compensatory damages in 311 amount in excess of Twenty-Five Thousand ($25,000.00) Dollar.> exclusive of interost and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.c. ______--:7 ~-_.. . ..- /" .., ....' Te~'S,~';'BSquire 1.D. No. 9.6.8G1 4503 North Front Street Harrisburg P A 17110 (117) 238-6791 Counsel for Plaintiff DATED: / It! qp Clalm50eparlmsnl 204t95.I\TSH\SFM 5 'JAN 1 4 ZOOI) RECE\\fEG 6/S'd 9V3'QN JAN 18200009:12 ~d ~o lSNI OH1~O Wd9v:2 0002"PI"N~r 717 766 4207 PAGE. 07 Ji'ho'''lrllii- ~'~ '~ ~' ~l.if". 01/18/00 09:11 FAX 717 766 4lU7 ~HICU ~HkU CLAIM~ 19j uu~ 1-- VEIUFlCATION I, J eanin~ Goodwin, verify that the faots set forth in the foregoing Complaint is true and cottect to the best of my knowledge, information, and belief. I understand that this verification is made subjeot to tlw provisions of 18 Pa.C.S. 94904, relating to UDSwom falsification to authorities. DATED: flr/(Jd ~ ..... I '. /' ~ '-- : ..(~.~- '-~c:::)o..u.. lLO'C" t." J eanine Goodwin \. Claiml'S Oepal'lmeli'l JAM 1 4. ZOOG RECE\VEO 204200.1 \SPM\SPM 6/6'd 9"l9'Of,J JAN 18200009:12 ~d ~O lSNI OH1~O Wd9v,2 0002'v"l'~[ 717 766 4207 PAGE. 08 ,,~~. ~~ ~ ~ '0 . ~~~- , , CERTIFICATE OF SERVICE I, Pamela J. McClellan, an employee of the law offices of Post & Schell, P.C., do hereby certi1}r that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Terry S. Hyman, Esquire ANGINa & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 DATE: d.-~-()O ~c(\l~ PAM . MCCLELLAN III "., ~ ~llfil:tMUl;i!I,;';;'i.-~iillht~f1>,-'''i;,t)"~""";",,",,;,r~;'';',,~~--,,,::'-;j-,_-,,&,-'Ol&",n<il;;;~\'L__",fuiI-~,0i""i.9f;!.ffi'rlL>;'tt%;!>hkWI:,,",,~i..,."=>=I>'~'"~Iil1I~1i!iW!l~iIli!l!iiM\rli!o1lj,jW~~"....~, i ~... .~-, ~ilij_.&lllIi\ltili!iI0~; "- 'j . . . \ ~ .:.'" s:> ~- C.t: co <.2;) ('r) <""> ::---. ca ....- ,l..I.", -.:.- ~"..:: J " ,hU='",,,;lJ <~ , ? , ., ';"- . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F +N THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served~ (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~~ DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163210 2027l-LOl J , ~~ ' .''''''''i , COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE Y~TTER OF: COURT OF COMMON PLEAS GOOnv.'IN TERM, o -VS- CASE NO: 57-S-2000 S7EVEI; B. WOLF ,!ill NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ) TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 :2 0:2 7:1.. - C 0:2 RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) >>> LOCATION LIST <<< "" '-'~' , '-'J' PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICS BURG HEALTH REHAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 2027:1... - C02 .'..."1'1111I "':lllF:;;' GOODWIN VS STEVEN B. WOLF, MD COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN 57-S-2000 File No. SUBPOENA TO PRODUCE DOCUMENTS OR TIllNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: HEALTH REHAB OF MECHANICSBURG TO: ON~eofPe~onorEntiry) Within twenry (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 at (Address) 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 after 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: EVAN BLACK, ESQUIRE NAME: 240 GRANDVIEW AVENUE SUITE 100 ADDRESS: CAMP HILL PA 17011 (215) 246 - 0900 TELEPHONE : SUPREME COURT ill # DEFENDANT ATIDRNEY FOR: 02/24/2000 DATE : Seal of the Court PrO~!1. - 73 'oa -"" O'iJifCi'1 EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTII REHAB OF MECHANICSBURG 175IANCASTER BLVD. MECHANICSBURG, PA 18055 RE: 20271 JEANINE GOODWIN INCLUDING INPKI1ENT AND OUTPATIENT RECORDS, ER RECORDS, CUNIC AND/OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, coIl5Ultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 SUlO-233178 2027l-LOl ~o.~~~' , ~~-!, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163211 2. 0 2. 7:1.. - L 0 2. ~'i:ldi/;lI. I ~. . ;" -~ " , L__. ';'j COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN l.N T"- K~.TT::R OF: COURT OF COMMON n:. PLEAS GOOD'''IN TERM. 0 -VS- CASE NO: 57-S-2000 S 7:::V::!~ B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TERRY HYMAR, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 2027l-C02 , >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) ~ ^':,e- PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICSBURG HEALTH REHAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 2027:1. - C02 ''-'dI-- .^, !in. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-S-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HEALTH REHAB OF MECHANICSBURG (Name of Person or Entity) Within twenty (20) days after service of this snbpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ill THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address) 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 after 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: EVAN BLACK, ESQUIRE ADDRESS: 240 GRANDVIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHO\"E : (215) 246 - 0900 SUPREME COURT ID # DEFENDANT ATIO~'"EY FOR: DATE :02/24/2000 Seal of the Court .' ,: (.,,..-, ~_.. Proth. - 73 Deputy ," ~'" '.'x ,'. EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTII REHAB OF MECHANICSBURG 175I.ANCASTERBLVD. MECHANICSBURG, PA 18055 RE: 20271 lEANINE GOODWIN INCLUDING ANY AND ALL STIJDIES, ETC. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 "1;:j CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -vs- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy. of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163212 2027l-L03 "" ," ~~"<.j~' COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :1< TH;:: !'_^.TTER OF: COURT OF COMMON PLEAS GOODioilN TERM. o -VS- CASE NO: 57-S-2000 S:;::V;::N B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations] TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET t800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 2027J...-C02 >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICSBURG HEALTH REHAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 2027l-C02 " <-,. ,'I' -" <" '"-^.~': GOODWIN VS StEVEN B. WOLF, MD COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN 57-S-2000 FileNo. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL TO: ~mneofPe~onorEnti~) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 at (Address) 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 after 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: EVAN BLACK, ESQUIRE NAME: 240 GRANDVIEW AVENUE SUITE 100 ADDRESS: CAMP HILL PA 17011 (215) 246 - 0900 TELEPHONE : SUPREME COURT ID # DEFt;r;VANl ATIORNEY FOR: 02/24/2000 DATE : Seal of the Court , '..<::.~'J.2,.r/]./'w/"'.<.-j<!.\c'~'~ "- .. j P'["o~h. -73 Deputy ,~ " ,- ~ 0' <.' :"~ EXPlANATION OF REQillRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET P.O. BOX 310 CARLISLE, P A 17013 RE: 20271 JEANINE GOODWIN INCLUDING INPATIENT AND OlITPATIENT RECORDS, ER RECORDS, CLINIC AND/OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-U-1953 SUIO-233182 2027l-L03 .. ~ ,~ - ~ , >- ;. ~ s CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MIl As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163213 2027 l. - L 04 ~"'11ti COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE Y~~TrER OF: COURT OF COMMON PLEAS GDODvi1N TER_t.1. o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing tbe attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 2027:L-C02 ,.-- RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) >>> LOCATION LIST <<< ~ '.c 'L'~; PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICS BURG HEALTH REHAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY. LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 2027 l. - C02 .. ~~"'d COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-S-2000 SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (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: SEE ATTACHED ~ THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, FA 19103 (Address) 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 after 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: \'AME : EVAN BLACK, ESQUIRE ,~DRESS:240 GRANDVIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHONE: (215) 246 - 0900 SL1'REME COURT ID # DEFENDANT ATIOR.>';lOY FOR: D.-\TE :02/24/2000 By the Court: Seal of the Court ~I 'prothono_ ; (i:;. c: .'; /L . ; /". I' i ;..-.f,./_..~",,' ,._","", J (} /./) /..,.rv':...}._/~j_: \ ~):..<il....., " 71' () V Deputy P~o:.h. - 73 ,~ . . ...~~,~ ,,, 1-3 EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET P.O. BOX 310 CARLISLE, PA 17013 RE: 20271 JEANINE GOODWIN INCLUDING STUDIES ETC. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 SUlO-233184 2027l-L04 ~- , '-'; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attomey for DEFENDANT DEll-163214 2027:L-LOS - . ~ ,i!J:b COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN =r~ THE YJ.!._TTER OF: COURT OF COMMON PLEAS GOO:J,,-':N TERM, 0 -VS- CASE NO: 57-S-2000 S TEV::r~ E. WOL:,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 2027:1.. - C02 RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING. AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) - >>> LOCATION LIST <<< '""'~ PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICSBURG HEALTH REHAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 202 7l- C02 -., 0, -- ",' ~ e~~ '"!ll; COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-S-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DAVID ALBRIGHT (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: SEE ATTACHED ~ THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address) 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 after 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: KAME: EVAN BLACK, ESQUIRE ADDRESS: 240 GRANDVIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHO""E: (215) 246 - 0900 SUPREME COURT ID # ATIOR""EY FOR: DEFENDANT Seal of the Court DATE: 02/24/2000 Proth. - 73 ~"..;; ~ Deputy -~ ., .~.~ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID ALBRIGlff 850 WALNlJf BOITOM RD CARUSLE, PA 17013 RE: 20271 JEANINE GOODWIN INCLUDING IN/OlJf PATIENT RECORDS, ER RECORDS, S1UDIES, Ere. ALSO ALL CUNIC AND/OR OFFICE VISITS. Any and all records, correspondence, files and memorandulIlS, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 SUlO-233186 202 7l. - LOS r "" '->.)!\ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163215 :2 0:2 7 l. - L 06 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE Y_~TTER OF: COu?-T OF COMMON PLEAS GOOZlwlN TERM, o -VS- CASE NO: 57-5-2000 STEVEN B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 .2 0.2 7 l. - C 0.2 .~ RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-P-AY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-P-AY(S) >>> LOCATION LIST <<< ""- 'h_ ' JiilIil", PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICSBURG HEALTH REHAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 2027 J...-C02 ~, " , if~! COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-S-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. DAVID BAKER (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: SEE ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address) You may deliver or rnaillegible 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 after 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: '\AME : EVAN BLACK, ESQUIRE ADDRESS: 240 GRAND VIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHONE: (215) 246 - 0900 SLPREME COURT lD # ATTOR.l\tY FOR: DEFENDANT Prothono , ' i, j t,' ~-:/", .r".~ ~_.' f.< /~ __~'I,,,,,,,,I~~~-.-' ./1 (j v i ~~~J~."'<:~:."/=- \ DATE : 02/24/2000 Seal of the Court Pcoth. - 73 Deputy . ,,,,-<, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID BAKER BELEDERE MED. CENTER 850 WALNUT & BOrrON CARLISLE, PA 17013 RE:20271 JEANINE GOODWIN INCLUDING STUDIES, IN/OUT PATIENT RECORDS, ER RECORDS, CLINIC AND/OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 SUlO-233188 2027l-L06 ~- '~ ~ -", ."""-- ~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163216 2027:l.-L07 -- - ., .liltf--,J COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN Tn~ YdTTER DF: COURT OF COMMON PLEAS GOOD,iIN TERM, o -VS- CASE NO: 57-5-2000 ScEVEN B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INe. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (2.15) 246-0900 DE02-113251 2027l-C02 '".- RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) >>> LOCATION LIST <<< , """'v PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICSBURG HEALTH REHAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 202 7l- C02 ~~-' 0- , -lifr COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-S-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. DANIEL GELB (Name of Person or Entity) Vvlthin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ~ THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address) 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 after 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: ~~~E: EVAN BLACK, ESQUIRE ADDRESS: 240 GRAND VIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHO"'E: (215) 246 - 0900 SCPREME COURT ID # Seal of the Court ATTOR1'\""EY FOR: DEFENDANT DATE: 02/24/2000 '. ~,.. , ,. P:.::r~h. - 73 Deputy ~,-,,"~. - ,- 'Uj EXPlANATION OF REQUIRED RECORDS .. TO: CUSTODIAN OF RECORDS FOR: DR. DANIEL GELB HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, J> A 17033 RE: 20271 JEANINE GOODWIN INCLUDING STUDIES, IN/OUT PATIENT RECORDS, ER RECORDS, CLINIC AND/OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, original X- Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 smo 233190 2027:1.. L07 lU[ ,,=.- uu. . "Bi>, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163217 20271-L08 . .~^ ""';';'i1l COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :N THE Y~~TTER OF: COURT OF COMMON PLEAS GOOD'.-:IN TERM, o -VS- CASE NO: 57-S-2000 STEVEN E. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 2027 l. - C02 ..~o;;:----- .-.~" - RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S} MEDICAL, BILLING, AND X-P~Y(S} MEDICAL, BILLING, AND X-RAY(S} OTHER MEDICAL, BILLING, AND X-RAY(S} MEDICAL, BILLING, AND X-RAY(S} >>> LOCATION LIST <<< -i_ '~ ""~ PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICSBURG HEALTH P~HAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-11325l Z 0 Z 7 J... - C 0 Z , " i:L COl\1MONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-S-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE COUNSELING SERVICES (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: SEE ATTAr-HED ill THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address) 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 after 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: KAME: EVAN BLACK, ESQUIRE ADDRESS: 240 GRANDVIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHOC\t: (215) 246 - 0900 SUPREME COURT ID # , hothono 7.J'L'i~v'/'Utf-'..~ 7 i \ (,.~':'...C,./LL:../~ ATIORt\'EY FOR: DEFENDANT DATE: 02/24/2000 Seal of the Court PrOch. - 73 Deputy . , . ~ 0 , , ".'" '~"." EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE COUNSELING SERVICES 700 CIA Y STREET CARLISLE, PA 17013 RE: 20271 JEANINE GOODWIN COpy OF ANY AND ALL RECORDS. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 ~ - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF ,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163218 2027l-L09 ~o,~ , "("'.~ C,' .,' ,..) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE Y~TTER OF: COURT OF COMMON PLEAS GOODw"IN TERM, o .VS- CASE NO: 57-5-2000 STEv3N B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your erpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 2027l-C02 RECORDS REQUESTED >>> LOCATION LIST <<< ,-. ,; - --~'",,'f' PAGE: 1 LOCATION NAME MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) HEALTH REHAB OF MECHANICSBURG HEALTH REHAB OF MECHANICS BURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 2027l-C02 - ..~ ~.' -~ 'E~:: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-5-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NEUROLOGICAL SURGERY, LTD. (Name of Person or Entity) Wllhin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ar THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address) 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 after 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: "AME: EVAN BLACK, ESQUIRE ADDRESS: 240 GRANDVIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHONE: (215) 246 - 0900 Sl1'REME COURT ID # AITORNr:y FOR: DEFENDANT D,HE: 02/24/2000 Seal of the Court 1,._./ .2/'" c-;~ . .~; "; , "-' '--- . . . . '~',,/~""'h' ",,-'~. f~J:.h. - 73 , , \..c Deputy il" "" . , -,,',,-- ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEUROLOGICAL SURGERY, LTD. 920 CENTURY DRIVE MECHANICSBURG, PA 170558404 RE: 20271 JEANINE GOODWIN INCUDING SUDIES, IN/OUT PATIENT RECORDS, ER RECORDS, OFFICE AND/OR CLINIC VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 SUlO-233194 ZOZ7l-L09 ".,.. ~,' '" " '~,' '1"" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-S-2000 STEVEN B. WOLF ,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/24/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-163219 2027:L-LlO - '"', -_"J"., ",:""li COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, o -VS- CASE NO: 57-5-2000 STEVEN B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS [ Note: see enclosed list of locations ] TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/04/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attoroey for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-113251 20271- C02 >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) OTHER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) ,,~" f Imiiif:"i PAGE: 1 LOCATION NAME HEALTH REHAB OF MECHANICSBURG HEALTH REHAB OF MECHANICSBURG CARLISLE HOSPITAL CARLISLE HOSPITAL DAVID ALBRIGHT DR. DAVID BAKER DR. DANIEL GELB CARLISLE COUNSELING SERVICES NEUROLOGICAL SURGERY, LTD. PA GASTROENTEROLOGY CONSULTANT DE02-113251 2027:L - C02 ",' - ", ,~,,',- "~< " ''"*. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-S-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PA GASTROENTEROLOGY CONSULTANT (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: SEE ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET. #800. PHILADELPHIA. PA ]9]01 (Address) 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 after 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: EVAN BLACK, ESQUIRE ADDRESS: 240 GRANDVIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHOl\'E: (215) 246 - 0900 SUPREME COURT ID # O Prothono /,,-, I . I { j )// -::=! (;/'V) r(1..1,Jo r;....- ""7 i I' (.7 /,^ /' ,'~ /~ ~ .. v. ~~', _ "/_'---'" ..._~ . '- f.J V . Deputy ATIOR."iEY FOR: DEFENDANT DATE : 02/24/2000 Seal of the Court Proth. - 73 " ~~- ~ " - '.<,1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN or RECORDS FOR: PA GASTROENTEROWGY CONSULTANT 899 POPULAR CHURCH RD. CAMP HILL, P A 17011 RE: 20271 JEANINE GOODWIN INCLUDING STUDIES, IN/OUT PATIENT RECORDS, ER RECORDS, CLINIC AND/OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 SUlO-233196 2027l-LlO :i~ 'hII '> ~m~JIil~Alltli"\<~~'Rll~l~llI>;~.,",j>~:;'~:""e':;;~~!5iIf--"~~il!\~lll;li..<MlIlIiillll111._!1-" '-,-. rn "", ~ \O^,," ..-'" (, .~~~"~~" >,~".C,~,~~~,~".=^ ~,., ~~ ~ _,~<" '~1Ii "~'-" ---- -'--~ ",_.-.,.._"...,..,........,. V L-J 'C\ irIIliIiil ".- ", ~'~ -- - - 0' '== ~. ;c., .'. liMl[:; 11 ,~ " . ~: , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No obJection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/12/2000 ~idkL EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-173380 20271-Lll 'T ' ."~'" ~ ~ ~'~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, -VS- CASE NO: 57-5-2000 5 TEVEN B. WOLF, MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. BRADFORD WOOD THOMAS A. KACHEL, M.D. TED KOSENKE, M.D. MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. . DATE: 03/23/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 - 21IPPA493523 Any questions regarding this matter, contact THE MCS GROuP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-117389 20271-C02 "~iO"~''''''''''' .-~ 'JtfiiJl COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD File No. 57-S-2000 . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: rTT!<1'OI1TAN OF RFrOllT1!< FOR' I1R RRAl1l'ORn T..T0011 (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: !<RR A1'1'ArHRI1 at 'l'HR Mr!< r.ROTTl' TNr, 1';01 MARKR1' !<1'RRR1' !lROO. (Address) PHTTATIRTPHTA PA 191n~ 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 reasonab]e 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 after 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: E"'lE 1l1.^CK, E.QTTIRE ADDRESS: 11.0 r."~NJWJFTJ A"FNTTH' ~TTT'T'11 100 CAMP HILL PA 17011 TELEPHONE: (215) 2q6 Q9QQ SUPREME COURT ID # Proth. - 73 (J Proth n .~ Deputy AITORNEY FOR: 'T'Hl<' nl<'l<'l<'NTIl<'N'1' By the Court: DATE : gq /12/2gg0 Seal of the Court ~~,~~ ~ ^~ '~!~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. BRADFORD WOOD 1358 LUTZTOWN ROAD BOILING SPRINGS, PA 17007 RE: 20271 JEANINE GOODWIN INCLUDING BUT NOT LIMITED TO ANY IN-PATIENT, OUT-PATIENT, ER, CLINIC AND/OR OFFICE VISIT Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date or Birth: 01-12-1953 SUI0-240544 2027l-Lll ,,,-......,. ~ . - ~b CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/12/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-173381 ZOZ 7l-LlZ "==--= J'" - ~. ""' , COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. BRADFORD WOOD THOMAS A. KACHEL, M.D. TED KOSENKE, M.D. MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/23(2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 - 21IPPA493523 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-117389 2027l-C02 .~ ',', -~m, COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD FileNo. 57-S-2000 . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22. TO: CUSTODIAN OF RECORDS FOR: THOMAS A. KACHEL, M.D. CNmneofPe~onorEntity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, (Address) PHILADELPHIA PA 19103 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 after 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: EVAN llLACK,ESQUIRE ADDRESS: 240 GRANDVIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHONE: (215) 246 - 0900 SUPREME COURT lD # ATTORNEY FOR: THE DEFENDENT 9~0 DATE : 04/12/2000 Seal of the Court ~ Proth. - 73 Deputy ,~~ .- > . - . , , "Jitiu\ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TIIOMAS A. KACHEL, M.D. 645 N. 12ST. STREET LEMOYNE, P A 17043 RE: 20271 JEANINE GOODWIN INCLUDING ANY IN-PATIENT, OUT-PATIENT, ER, CLINIC AND/OR OFFICE VISIT Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTBER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 SUlO-240546 20:Z 7 l- L 12 ., CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS GOODWIN TERM, -VS- CASE NO: 57-S-2000 STEVEN B. WOLF ,MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/12/2000 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-173382 2027l-Ll3 ~w.p"' ~. ~ '," , COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE MATTER OF: COURT OF. COMMON PLEAS GOODWIN TERM, -VS- CASE NO: 57-S-2000 STEVEN B. WOLF,MD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS DR. BRADFORD WOOD THOMAS A. KACHEL, M.D. TED KOSENKE, M.D. MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO:. TERRY HYMAN, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. . DATE: 03/23/2000 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT CC: EVAN BLACK, ESQUIRE TIM SANTOMIERI - 85629 - 21IPPA493523 Aoy questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-117389 2.02. 71-C02. ,-,. ~ . "'""",\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN GOODWIN VS STEVEN B. WOLF, MD FileNo. 57-S-2000 . SUBPOENA TO PRODUCE DOCUMENTS OR TffiNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: TED KOSENKE, M.D. (NwneofPe~onorEntity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ~ THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 (Address) 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 after 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: EVAN BLACK, ESQUIRE ADDRESS: 240 GRANDVIEW AVENUE SUITE 100 CAMP HILL PA 17011 TELEPHONE : (215) 246 - 0900 SUPREME COURT ID # -: ATIORNEY FOR: THE DEFENDENT DATE : 04/12/2000 Seal of the Court rroc;h. - 73 -. ,g;;, \ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TED KOSENKE, M.D. 4 CAROTHERS CIRCLE MECHANICSBURG, PA 170551713 RE: 20271 1EANlNE GOODWIN INCLUDING ANY AND ALL IN-PATIENT, OUT-PATIENT, ER, CLINIC AND/OR OFFICE VISIT Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: JEANINE GOODWIN 150 W. LOUTHER STREET" Social Security #: 045-48-1844 Date of Birth: 01-12-1953 SUlO-240548 2027:L-L:L3 . . ,:,- ~Uj I 'illllfillt~ri~'il:a"~i~'iiI;'~l'-I~I&,lI!~JWiiIlll~&~_,...~~ialiIlMi!lIIi:i.';';';"'" -" .," 0'",,"= ~ ;t)~ \f:. fl ~ ~ ..Q "\) (5 '....[) - ;' /". '~/ -' ".r 'D'S"!!> ,,//' '9...; ,/ ",").\\ \",;,} ..:.\+.1J".-:'; J , ~ ilill!liilniJl"'" , ~ ! & ~ ~ 8 d ~rP 'f r ' f t { bd f C) c: <'~ 1:; r;' rn.' z>, .c:::' ; CJ:' }'" r:: ~;~"~" :t[ 2~ -l -< . ..... r:- ,.i::.~. --. --. <n '"-' ~ ~ sS <::::5 '- r-",) -'~ i ~ ,;g - '-o.J Mb ;.'<.t ~i :0 -< , .,,' <:::J :,i' f; . "'-~ ' -~ ";';'" '~'~"<'. "- '"""'" " ~ . '-'.'.C " 4'" ","'"c__; ;,,~,", ,','", eo"". '~~ '--'-".'''; '~., ,,; " "d'!J .. POST & SCHELL, P.c. BY: EVAN BLACK !.D. # 17884 240 ETRANDVIEW AVENUE CAMP HILL, P A 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWrN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW STEVEN B. WOLF, M.D., NO. 00-5140 Defendant JURY TRIAL DEMANDED ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Steven B. Wolf, M.D., by and through his attorneys, Post & Schell, P.C., and for his Answer to Plaintiff's Complaint, states as follows: I. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to admit or deny the averments of the corresponding paragraph of Plaintiff's Complaint, and thus denies the same. Strict proof is demanded at trial, if relevant. 2. Admitted. 3. Admitted. 4-8. Admitted in part and denied in part. To the extent that the medical records of Plaintiff Jeanine Goodwin from Defendant Steven Wolf, M.D., reflect the averments of the corresponding paragraphs of Plaintiffs Complaint, it is admitted only that such is recorded therein. Otherwise, and to the extent that the medical records do not so reflect and/or contradict the corresponding averments, denied generally and for the reasons indicated in paragraph 1, above. '" " ~--. -~ -~", <,'<,---~"-- ",' "~',,. '_"~"" ,~>,. '." --~,"' '", ',"'..;","~--', .',j;.,.",,,,,.,,~,:..,:j," ";,.'" , "'n," i i I I I I i .. 9. Admitted in part and denied in part. To the extent that the medical records of Plaintiff Jeanine Goodwin from Defendant Steven Wolf, M.D., reflect the avennents of the corresponding paragraphs of Plaintiffs Complaint, it is admitted only that such is recorded therein. Otherwise, and to the extent that the medical records do not so reflect and/or contradict the corresponding avennents, denied generally and for the reasons indicated in paragraph 1, above. For further response, it is specifically denied that Answering Defendant acted with negligence or deviated from acceptable standards of medical care, in any manner. 10. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or infonnation to admit or deny the avennents of the corresponding paragraph of Plaintiffs Complaint, and thus denies the same. Strict proof is demanded at trial, if relevant. I I -12. Admitted in part and denied in part. To the extent that the medical records of Plaintiff Jeanine Goodwin from Defendant Steven Wolf, M.D., reflect the avennents of the corresponding paragraphs ofPlaintifl's Complaint, it is admitted only that such is recorded therein. Otherwise, and to the extent that the medical records do not so reflect and/or contradict the corresponding avennents, denied generally and for the reasons indicated in paragraph 1, above. 13. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or infonnation to admit or deny the avennents of the corresponding paragraph of Plaintiffs Complaint, and thus denies the same. Strict proof is demanded at trial, if relevant. For further response, it is specifically denied that Plaintiffs injuries were the result of negligence or conduct which deviated from any acceptable standards of medical care. -2- '", ". ~ ,'. <,",'~ ",',:.- , ,,'",'~, " >,',," .' "Co:;",,,. ,~. ~-",',-- "' ,;,~, ,.,-","', .- c.',~'-:,o"' " '.: .~ '''';' ;Co-;;; ";::'~~~;';(,,'i:' '. ,,' '""I .. 14-21. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to admit or deny the averments of the corresponding paragraph of Plaintiff's Complaint, and thus denies the same. Strict proof is demanded at trial, if relevant. 22-23. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to admit or deny the averments of the corresponding paragraph of Plaintiff's Complaint, and thus denies the same. Strict proof is demanded at trial, if relevant. For further answer and response, it is specifically denied that any injury to Plaintiff's nerves as described was the result of Defendant's negligence or deviations from acceptable standards of care, as alleged. 24. Denied generally and as conclusions ofIaw. For further answer and response, it is specifically denied that Defendant acted with negligence in the following regards: a. Performing her back surgery in a technically incorrect manner such that he penetrated the dura with a high-speed drill while operating on an area removed from the dura; b. Failing to use proper techniques to protect the dural sac and nerve roots therein from injury during the surgical procedure performed on July 17, 1998; c. Injuring the nerve roots within the spinal canal when he did not intend to enter the canal during that portion ofthe surgery; d. Failing to use all standard and acceptable measures to avoid penetrating the dura and inj uring nerves during the surgery; e. Failing to note and repair the damaged nerves in the dura when they were or should have been readily apparent during the July 17 surgery; f. Failing to explore the cauda equina through a midline dural incision to determine the extent of the nerve roots thereby avoiding the need for a second surgery; -3- ";".. ,"";,",',,,-,", "C' '<".' ';'"',' ',~';;', ,. '-'; ,,;';,. ,-,),: ~"-" " ,;,"', ,,' ;"','; ".".".,,,-"';_. ""'': ,;.:. .,~ .,_.Jc, ,;:-v;;/" ~ 1::: ... g. Failing to obtain the assistance of a neurosurgeon either prior to or following the dura tear on July 17, 1998, although such assistance was requested by the patient. 25. Denied generally and as conclusions ofIaw. WHEREFORE, Defendant denies liability to any and all parties to the within litigation, demands that judgment be entered in his favor on all claims, and alternatively, demands that all claims against him be dismissed with prejudice. NEW MATTER DIRECTED TO PLAINTIFF Defendant hereby raises the following New Matter pursuant to Pa. R. Civ. P. 1026, 1030, and 1032. 26. The Plaintiff may have failed to state a cause of action upon which relief may be granted. 27. Investigation and discovery may indicate that the applicable statute oflimitations expired before the institution of this action. 28. Defendant was not negligent nor did they engage in any liability-producing conduct at any time relevant to the cause of action alleged by the Plaintiff. 29. Any acts or omissions of Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident nor did they result in the injuries or losses alleged by the Plaintiff. 30. Investigation and discovery may indicate that the negligent acts or omissions or other liability-producing conduct of other individuals, persons, or entities constituted intervening, superseding causes of the damages or injuries alleged to have been sustained by the Plaintiff. -4- ~, - ~ "-~,~ ""~ ,: ",',"'" , ,-~ -, ~.-. ",,-,,:-'. " ~, '-'>,' .,'.". "",:,:;,,_, ,''--,,~,'i^' --v''' '_,'" " ,~.t:,...:',~,<;~i 3 I. The incident, injuries, and damages alleged to have been sustained by the Plaintiff were not proximately caused by the Answering Defendant. 32. Pennsylvania Rule of Civil Procedure 238 is unconstitutional on its face and as applied herein. 33. Answering Defendant hereby raises all affirmative defenses of the Health Care Services Malpractice Act of 1975, as amended, including but not limited to Section 602 and Section 606. 34. The doctrine of res ipsa loquitur does not apply in this matter, as the injuries described in the Complaint may occur in the absence of negligence. 35. The doctrine of res ipsa loquitur is a theory of evidence, and not a a separate damage claim or cause of action. WHEREFORE, Answering Defendant denies liability to any and all parties to the within litigation, demand that judgment be entered in their favor on all claims, and alternatively, demand that Plaintiffs claims against him be dismissed with prejudice. Respectfully submitted, POST & SCHELL, P.C. DATE1t:v EV BLACK, ESQUIRE #17884 JOHN R. KANTNER, ESQUIRE ID #75741 240 Grandview Avenue Camp Hill, PAl 70 11 (717) 731-1970 Attorneys for Defendant -5- ~ ' " '~ '~ , ',;,:,; ~. ;""'~,'" """""'~ ~ ",~i.' ,::.." ~~,,:;"f"'O"', ";,,,,~~,",ot,:; '''"'';'i 85629 VERIFICATION I, Steven B. Wolf, M.D., do hereby swear and affirm that the facts and matters set forth in the foregoing Answer of Defendant to Plaintiff's Complaint, are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATE: -" "" " "" c " " ']"",~ , "~ , ",.. ,~--,'. v'-, '': , " " c/..' .~';- ;,'J.;;.;cX~",,,,,,,,,,,, fc~"c,..",.,i,,&":' '"""-t',~,'~,"'$""';":""e,,,*, '.--;;-., "'''''o",:'''"C,y:' 'x." '''''~,-".,~ -, CERTIFICATE OF SERVICE I, Candice M. Baker, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Terry S. Hyman, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 17 110 D""~ .~ ,'/ I " - I f,/ ./ "~~~ I . CANDICE M. BAtER / ( -----, -6- "' ""-'z.~' 'l" , =~'""~ '-' - () C "DC.' n!( ':<:-':::., ~>-r-. ..:--- (f~ _ ~t " ~i~~ 2: -, -<. U) '1 """,.; ;;:=J ~~] -<. 'V fj .'0, ,..-,,,,, "'<',"'- ;'_i.__"""'. "',,', ~"""' :,,' '" """;,.:L",~,~""'.;,,,,;,,~,, . ,,:. .,<;,-',~';:,~:;",,-;,..;: . I,~.':,-\'i , JEANINE GOODWIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CNIL ACTION - LAW : NO. 00-5140 STEVEN B. WOLF, MD. Defendant : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER 26.-3 I. The allegations herein as to "what may have occurred" are irrelevant, impertinent, and improper pleadings. They fail, as a matter of law, to raise any affirmative defenses and do not state the material grounds on which the defenses are based. To the extent they require any answer, they are denied pursuant to Pa.R.C.P. 1029(e). 32.-35. The allegations herein are conclusions of law which require no response. Further, Rule 238 has been upheld against all Constitutional challenge. The defense set forth in the Health Care Services Malpractice Act of 1975, Sections 602 and 606 are not legally applicable to the case at bar and are no longer viable, and the doctrine of res ipsa loquitur does apply. Respectfully submitted, ANGINO & ROVNER, P.C. Date: 1/17-/ OV 206363.l\TSH\SFM .'. " '~, .~'. .'~'" ',' ~' ~ ,--~ '''', ,",";i,'",,'. 'i~ - CERTIFICATE OF SERVICE AND NOW, this 12th day of September, 2000, I, Stephanie F. Minnich, an employee of Angino & Rovner, P.c., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S RESPONSE TO NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John Kantner, Esquire POST & SCHELL, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Counsel for Defendant Wolf 'ch 206363.11TSHlSFM I. il , ~, c" '/ '-",;: ~~ =' " ~ ~ "fl.' ~ " "~'. -~ .,-~'" ,,~, ~ [~ f;';-' -. ',nO ,) en '"7 Z (Jl -/ r ~~,,- j"..::: ~-' 'S',"--) - C -../ --j -< '"',~) "'.) ~Jl C) t' ,', ~',~'H~O'~_ '_."",,,';,;.,,,.' '~'~"""h'" .,"',.,"" ;';.0",'""'",,,,","'';)/'':.;',','" " "'F::J . JEANINE GOODWIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CNIL ACTION - LAW : NO. 00-5140 STEVEN B. WOLF, M.D. Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this 11-'" day of 1a..~...., ,2000, Defendant Steven B. Wolf, M.D., is ORDERED to show cause why he should not be compelled to fully and substantively respond to Plaintiffs discovery of September 11, 2000, without objection. Rule returnable Hi z., days. "'lev ~,....::.. BY THE COURT: -A1. ;r ~ ~ _'~ 0 \ \.,,<f?~ O\'\~~ 206363.11TSHISFM illl" "' .:,'-"."" ~" "" ", "'I "\' ""FIC'- f-' 1- )~-, J"'"' ~ ; ,,_,,~ ,0 ~ l... (:._/\~' '01\"J-r.\OV , ;-,'_Ji ;'''\i.) ~ 'It'\nl 0\ J~\N \8 M~IP31 CUM8E.1-i\},NO COUNTY PENNSYLVAi'llA "", "" ~~,H -- "~ , ~.- 'ffl".L"AI.)lIll~~, ...,[f'~,.~ ,1'l!lm . . ,,',- -~.,. '" , " ';" ~-- , "'. ~' .~, , ", ,;.;,:"'~:" .. "-'<"^' , , . r ,,'O~;;n~ ''''J'~,' ,,,,'.' JEANINE GOODWIN, Plaintiff IN THE COURT OF COMM:ON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 57-S-2000 STEVEN B. WOLF, M.D. Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2001, it is hereby ORDERED and DECREED, that Defendant Steven B. Wolf, M.D., shan funy and substantively respond to Plaintiffs discovery of September 11,2000, without objection, within twenty (20) days of the date of this Order. Should Defendant fail to do so, Defendant shan be subject to sanction in the form of payment of Plaintiff s costs and attorney's fees related to this Motion and any further motions to enforce this order and such additional sanctions as the Court deems necessary, including but not limited to preclusion of evidence, or binding admissions. J. 206363.1\TSH\SFM "','.~' ~ _ '''', .", .-, .', "", ,c" ,,,,_,,, '<.: .-_, ',;,;",,'" .." ;<F~':~~~-<<~~ ': ,'.~ ,~. ~,:"f"!' JEANINE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : NO. 00-5140 STEVEN B. WOLF, M.D. Defendant : JURY TRIAL DEMANDED PLAINTIFF'S PETITION FOR RULE TO SHOW CAUSE AND NOW, Jeanine Goodwin, by her attorneys Angino & Rovner, P.C., hereby moves Your Honorable Court to compel Defendant Steven B. Wolf, M.D., to answer Plaintiffs Interrogatories and Request for Production for the following reasons: 1. This medical malpractice case arises from an injury which occurred while Dr. Wolf '"',, ".~,- -,' . ~'. was performing extensive back surgery on the Plaintiff. 2. Defendant was served with discovery on September 11, 2000. A copy of the discovery is attached hereto as Exhibit A. 3. On October 30,2000, Plaintiff wrote a letter to defense counsel indicating that the responses to Interrogatories were overdue, and that if answers were not forwarded in 45 days, Plaintiff would file a Motion to Compel. A copy ofthe letter is attached hereto as Exhibit B. 4. It is now January 10, 2001, months after discovery was served and months after Defendant's answers were due under Pa.R.C.P 4006, without any actual responses to discovery being filed by Defendant. 5. Defendant has not requested any additional time to respond, nor offered any reason for his failure to file timely responses to outstanding discovery. 206363.1\TSHlSFM ,",- ., 6,.;."0"-_' '... '..;+_' '~",- ,',.'.'_,"",_,<, ~'_ "', .,U, ~"" ~ , .~ 6. Defendant's delay in responding significantly impairs Plaintiffs ability to move the case forward. WHEREFORE, Plaintiff prays Your Honorable Court will respond fully and completely to Plaintiffs discovery within twenty (20) days of the date of the Court's Order. Respectfully submitted, ROVNER, P.C. Te Hyman, Esquire LD. N . 36807 45 . Front Street Harrisburg, P A 17 II 0 (717) 238-6791 Counsel for Plaintiff DATED: vl/I'/Ol 206363.1\rsH\SFM ":W~ 'L' . , '" JEANINE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 57-5-2000 STEVEN B. WOLF, M.D. Defendant JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES TO DEFENDANT To: Steven B. Wolf, M.D. c/e Jehn Kantner, Esquire Plaintiff, through her attorney, hereby propeunds the following interregateries upon Defendant pursuant te Pennsylvania Rules .of Civil Precedure 4005 and 4006 to be answered within thirty (30) days from service thereef. These interrogatories shall be deemed to be continuing interrogateries. Ifbetween the time ofyeur answers to said interr.ogateries and the time .of the trial for this case you .or any.one acting .on your behalf learns the identity and whereabouts .of any other witnesses not identified in your said answers, .or if you .obtain or bec.ome aware .of additional requested infermatien net supplied in yeur answers, yeu shall promptly furnish the same to plaintiff's attomey by supplemental answers. For the pwp.oses of these interrogat.ories, "yeu" .or "yeur" refers to the defendant and his .or her files, the defendant's insurance cemoany and its files, the defendant's attornev and his files, and all other oersens. agents or reoresentatives of the defendant and their files. "You" shall further include all persons on wh.ose behalf defendant prosecutes this action and all persons who will benefit .or be legally bound by the results of this action. Your answers t.o the interrogateries shall reflect and contain the knowledge of all of the abeve persens. References to plaintiff and/or defendant shall be interpreted as singular or plural, depending upon the particular circumstances .of each case. The term "description" or "describe" as used herein shall mean that the defendant shall set forth the name and address of the auther or originater, dates, title .or subject matter, the present custodians .of the original and of any c.opies, and the last knewn address .of each cust.odian. "Document" shall mean any written, printed, typed .or other graphic matter .of any kind, whether handwritten, typed .or printed, whether distributed .or undistributed. It shall include witheut limitation letters, memeranda, articles, studies, n.otebo.oks, diaries and n.otes, as well as all mechanical and electr.onic sound rec.ordings .or transcripts thereof in the p.ossessi.on .or control .of the defendant .or knewn by her te exist. It shall also mean all c.opies of d.ocuments by whatever means made. 21S686.1ITSH\KJH ~~ " , ~" Answer each interrogatory in the space following the interrogatory. Supplemental sheets may be attached for answers which require additional space. Please take notice that you are required to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure 4006. These Interrogatories are to be deemed continuing and supplemental-answers should be provided promptly. ANGINO & ROVNER, P.C. Terry. an, Esquire l.D. o. 36807 4503 North Front Street Harrisburg,PA 17110 (717) 238-6791 Counsel for Plaintiff Date: ifrlifO 215686.IITSHIKJH 2 '," - ~-, ~.~~" .' , " ~ .< """".'." 1. Describe in detail the surgical procedures used on July 17, 1998 at Holy Spirit Hospital, including any and all instnunents, operating microscopes and any other instnunentation used to increase visibility and/or to assist with the surgery. 215686.1\TSH\KJH 3 ~~~- ."" " . '" , '.','- , " - ~' , 2. If you have any recollection of the treatment, and in particular the surgeries you performed on Ms. Goodwin on July 17 and 18, 1996, which is not described in the medical records, describe each recollection here. 2 15686.1 ITSH\KJfl 4 I 1\ ~'"~ "~ ~ , M ' _ ~ ~"''''"""'",:!-B:' 3. Describe in detail exactly how the instrument slipped and caused injury to Ms. Goodwin during her July 17 surgery. 215686.1ITSH\KJH 5 , ",6". - '<-K ~""') 4. Describe in detail exactly every reason the instrument slipped and caused injury to Ms. Goodwin. 215686.1 ITSH\KJH 6 Ii 'iI~'~- """ ',-"*'- ','J h':-t" 5. Describe in detail any and all steps you took to protect the spinal cord, dura and nerve roots from injury during the surgery. 215686.1ITSH\KJH 7 ~" ~ ,~- " h 'H~7lir~; 6. If different than described in response to 5 above, describe in detail any and all steps you took prevent the possibility of nerve injury of the type which occurred in Ms. Goodwin's case from occurring during the surgery. 215686J\TSH\KJH 8 ,H_ u, ""-,, ,~""''''' ~ ,~_ """'i4ii' 7. Please describe any conversations you or any other employee of the Orthopedic Institute of Pennsylvania had with Jeanine Goodwin during her visits. The description shall include substance of all discussions of medical history, symptoms, discussions of her medical problems and the treatment you performed during her visits, the date of each discussion and the persons present during the discussions. 215686.IITSH\KJH 9 ~'''"'' ~ ~~" '" ,u ~",~'f: 8. For each and every risk and alternative, you or any person acting at your direction discussed with Jeanine Goodwin, prior to her surgery, provide: (a) As close as possible, the words used by you in describing the risk or alternative; (b) The date the discussion took place and every person who was present; (c) Every question or comment made by Ms. Goodwin in the discussion; (d) Identify the date of every entry in your records which relates to obtaining informed consent for the specific surgery. 215686.1\TSHIKlH 10 ,- ." - , " --" lh'~r: 9. Will you or anyone in your employ offer any of the following opinions at trial: 215686.1ITSH\KJH (a) (b) (c) (d) (e) (e) The procedures performed by you during either the initial surgery or during her follow-up treatment were within the standard of care; That your care did not cause or contribute to the development of her loss of sensation, bladder or bowel incontinence problems; The duratomy and nerve injuries were unavoidable complications of the procedure; That you used all reasonably available methods to reduce the likelihood of a duratomy and nerve injury occurring during the surgery; That the tom dura and nerve injuries were not apparent to you during the July 17 surgery; That you could not reasonably have repaired the tom dura or nerves during the July 17 surgery; 11 >t ' lh.'~J;, 10. If you answered any of the previous Interrogatory affirmatively, then: 215686.1\TSH\KJH (a) (b) (c) Summarize the opinion which will be given; Identify the person who will give the opinion and his or her medical training, certifications and qualifications; and List every fact, witness and document which was relied upon in reaching the opinion. 12 ~~ ~ ~ -_.....,- II. State: (a) (b) (c) (d) (e) (f) (g) (h) 215686.1\TSH\KJH .~~ . . iJ:io!,Ol1li& Your full name; Each other name, if any, which you have used or by which you have been known; The address of your present resident and the address of each other residence which you have had during the past five years; Your present occupation and the name and address of your employer; Date of your birth; Your Social Security Number; Your military service and positions he]d, if any; and The schools you have attended and the degrees or certificates awarded, if any. 13 _"",,,,,.,, - .~- - .'....Il:~~" , ,', ,""' ~ . ,.." 12. Set forth the following details regarding your professional education and preparation for practice: (a) Professional school(s) attended, date(s) of attendance, and year(s) of graduation; (b) PIace(s) and period(s) of internship; (c) Nature of subjects covered during internship; (d) Names and specialties of practitioners who trained you during internship; (e) Place(s) and period(s) of residency; (f) Subject to residency; (g) Names and specialties of practitioners who trained you during residency; and, (h) Nature and period of any graduate studies and place(s) where pursued. 215686.llTSII\KJH 14 ,-,~~~ , , ',= "I!&!ffii:m 13. Identify each professional organization with which you are affiliated or of which you are a member. 215686.1\TSH\KJH 15 /l'f:; 14. If you were required by law or regulation to be licensed for the activity in which you were engaged at the time of the incident, state: (a) The type of license required; (b) The date you first obtained such a license; (c) The dates of issuance and expiration of your current license(s); (d) The identity of the authority that issued your Iicense(s); (e) The number of your Iicense(s); (f) The nature and duration of any revocation or suspension of your license(s); and (g) The special restrictions, if any, imposed on your license. 215686.1\TSH\KJH 16 ~~~~ ~:'-~= = ' - 'ii" 15. If you have ever been certified by any specialty board, or if you are now or have ever been a member of any specialty board, set forth the following: (a) The name and address of each specialty board; (b) The date you were certified or became a member; and (c) If you are no longer certified or a member, give the date your certification or membership was terminated and the reason for such termination. 215686.lITSH\KJH 17 ~ - "~" "L, , ,-"', - 16. Identify each office, clinic, or other location relating to your practice or in which you otherwise worked subsequent to your internship or residency, and set forth the inclusive dates you maintained or otherwise worked at each such location. 215686.1\TSHlIOH 18 ""~i. h ",.', ~, "~~, ~;,~, 17. Identify all hospitals with which you were affiliated with from 1996 to 1998 and, with respect to each such hospital, set forth your position( s) and responsibilities. 215686.JITSH\KJH 19 --, ~~ .=~~'_._-" }h~; 18. Identify any association or partnership with any other medical practitioner at the time of the incident. 215686.l\TSH\KJH 20 I II II ,^' ":riiII.~ ,~--- '. - "~ IftL;, 19. Identify all publications, including but not limited to papers, journal articles, letters to the editor, textbooks, symposiums, etc., which you authored or contributed to, including the title of the work, the name of the periodical or book in which it was printed, the pages you wrote, and the date of its printing. 215686.1ITSH\KJH 21 " " ~~_.~ .~"'"~ ~ I" ~, ~.;., wi 20. State the author, title, and year of publication of every textbook in spinal stenosis, spondylosis, decompressive laminectomy and lumbar fusion which you had in your office from 1996 to 1998. 215686.1\TSH\KJH 22 ',.,;-' .' , I$"; 21. Set forth the name of each professional journal you subscribed to from 1996 to 1998. 215686.11TSHlKlH 23 -,' - -.~-, ".. ~ .' , ., ,,~, ' -'Iill' 22. Identify your specific participation in any lawsuit, civil or criminal, other than the present one which involved back fusions, bladder injury related to spinal injury or injury to nerves occurring during the surgery itself from a bone drill. 215686.1IrSH\KJH 24 ",., " ^"-<-,,,,-, "' " ;"JIli 23. 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) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy: (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) 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. 215686.1ITSH\KJH 25 ~~, '" " . ',tJ!!fr 24. Identify any technical source that you relied upon in treating Plaintiff, or in fonning an opinion concerning the diagnosis, monitoring and/or treatment of Plaintiff's condition. 215686J\TSHlKJH 26 " ~" ' ~ ~& .. -~ ~~ ~<t~" 25. Identify any other medical practitioner, nurse or any other person with whom you consulted (formally or informally) concerning the diagnosis and/or treatment of Plaintiff's condition and give the details of the consultation, including substance of consultation, findings, treatment, and recommendations. Identify each such person by name, occupation, title, address, area of specialization and professional relationship to you; the date, time of day, nature, and scope of your request for consultation; the nature and scope of the opinion given by the consulting professional; the identity of any document in any way relating to each consultation; and any action taken as a result of the consultation. 215686.1\TSHIKIH 27 :l:ll' ~_,o,'_ ,'. ", ' - - "'~ 26. Identify every person employed by you who was present during any visits by Ms. Goodwin to your offices, by providing the following infonnation for each: (a) (b) (c) (d) (e) (f) 215686.1\TSH\KJH Their name and current employment status; Their last known address and phone nwnber; Their position and medical training; The date they participated in Plaintiff's care and the nature of their participation; Whether they were present during the examination and treatment of the patient; and whether they have any recollection of what occurred beyond what was recorded in the patient's medical records. 28 ""~.~~ ~,~ "-'""'" [rlm 27. With respect to your personal experience in performing decompressive laminectomy, bilateral posterior lateral fusion and posterior Iwnbar interbody fusion surgeries provide the following: (a) The nwnber of times you had performed such surgeries prior to treating Jeanine Goodwin; (b) The place where you had received training in the procedures; and, (c) Any textbooks or articles which describe these procedures in the manner in which you performed them. 215686.1\TSH\KJH 29 ,r-''''~''" ."'.~ "~ ~'.'>- ~. r~~ "\I!~ 28. If not described in response to the above Interrogatory, list 31] advice or instructions you gave to Plaintiff following each of her visits, the date each instruction was given, by whom, the reason for each instruction and every document which records or makes reference to the instruction. 21S686.1\TSH\KJH 30 " , U$ 29. Identify written instruction, recommendation, brochure, manual, video, handbook, other document which you gave to your patient describing the procedures or used yourself for the surgical procedures performed on July 17, 1998 at Holy Spirit Hospital. 215686.1\TSl!\KJH 31 " ~' .. -" " --co w .~ ~ 30. If you contend now or if you will contend at trial that the treatment utilized by you in treating Plaintiff's condition was consistent with the recognized methods contained in medical literature, provide by author, title, publication and date of publication, each reference upon which you will base that contention. 215686.1\TSH\KJH 32 - ~ , ~ '~ 31. Do you claim that the Plaintiff was contributorily or comparatively negligent and/or assumed the risk of injuries and damages as set forth in the Complaint? If the answer to this interrogatory is in the affirmative, state the contentions which you or anyone acting on your behalf base a claim for contributory or comparative negligence and/or assumption of risk. 215686.1\TSH\KJH 33 II Ii "" ~~, ~~ ~, ..,'1 ~-- , ~"', . "' i@;', 32. If you contend that another individual was negligent or in any way responsible or that any other individual is responsible for Jeanine Goodwin's injuries as alleged in the Complaint, please state the factual basis for your contention; identify any documents containing facts supporting that contention; the manner in which the individual as described is responsible for the injuries; the identity of the individual who will testify to any fact in support of your answer herein; and a sununary of the testimony of each individual identified in response to this Interrogatory. 21S686.1\TSII\KJH 34 .1 II .- ~,,--.. . ,-, '~, 33. 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 person that prepared or made each item; and (d) The subject that each item represents or portrays. 215686.JITSH\KJH 35 ,~ .~ , ; ,< Ifj:l"lik1i:, 34. State with particularity the factual basis for each defense you are asserting in this case. 215686.llTSHIKJH 36 ~,,'~~ ~-,-" --," " ",~~, 35. 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. 215686.1\TSH\KJH 37 ;j'"'~ ~ ....;tj 36. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this Interrogatory the report of the expert or have the Interrogatory answered by your expert.) 215686.1\TSH\KJH 38 _..,-_.._---,-- _! '=' ~- "~"=~~ ,^ ~ 'h'~ ~ ~""'" i''iI'Jl: 37. For each expert identified in the previous Interrogatory, provide: (a) The expert's full name and address; (b) Age; ( c) Present hospital affiliations and employment; (d) Expert's educational background; (e) The titles of publications, date of publication for any article, text, part of a text, treatise, paper or speech authored by the expert or to which the expert contributed; (f) The caption, including the Court and Docket nwnber of any action to which your expert has been a party; (g) The caption, including the Court and Docket nwnber of any other cases in which the expert has participated in any fashion (including depositions, hearings, or any other proceeding within the last 1 0 years); and (h) The nwnber of patients the expert has diagnosed or treated for spinal stenosis in last 5 years. 215686.lITSH\KJH 39 __ C'~ 38. 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. 215686.1\TSH\KJH 40 -'.~ .r;".T '"'ltl'Ili~~ I.. ~" " .~ '~i: 39. If you intend to use any book, magazine, or other such writing at trial, state: 21S686.1\TSH\KJH il II (a) (b-) (c) (d) (e) The name of the writing; The author of the writing; The publisher of the writing; The date of publication of the writing; and The identity of the custodian of the writing. 41 ., ".~ ~,.~,,-- " "'- "ii"'J 40. If you intend to use anyadrnission(s) ofa party at trial, identity such admission(s). 215686.1ITSH\KJH 42 ~~ "'.' '~ );'1 CERTIFICATE OF SERVICE AND NOW, this IIth day of September, 2000, 1, Stephanie F. Minnich, an employee of Angino & Rovner, P.c., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S INTERROGATORIES TO DEFENDANT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: John Kantner, Esquire POST & SCHELL, P.c. 240 Grandview Avenue CampHill,PA 170II Counsel for Defendant Wolf 215686.1\TSH\KJH J'. ='- " JEANINE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYL VANIA vs. CNIL ACTION - LAW NO. 57-S-2000 STEVEN B. WOLF, M.D. Defendant JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: StevenB. WoIf,M.D. John Kantner, Esquire PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. Nos. 4003.4 and 4009, please furnish at our expense, at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to pennit inspection and copying thereof: 1. The entire contents of any investigation fi]e or files or any other documents and evidence in your possession (including surveillance films) which supports or relates to the allegations of Plaintiffs Complaint or any defense thereto. (Excluding references to mental impressions, conclusion, or opinions representing the value or merit of the claim or defense respecting to strategy or tactics and privilege communications to and from counsel.) 2. Any and all statements concerning the actions, as defined by Rule 4003.4, from all witnesses including any statements from the party herein or their respective agents, servants, employees or representatives. 206363.1\TSHlSFM ',~ 3. All documents identified in Plaintiffs Interrogatories. 4. All documents which you will use at trial. 5. Any and all documents containing the names and home addresses and/or business addresses of every individual contacted as a potential witness. (Excluding documents to or from an expert who was retained by you but is not expected to testify at trial. 6. Reports from any and all experts who are expected to testify at triaL 7. Al] medical records and medical bills of Jeanine Goodwin which are in your possession, custody or controL 8. Any studies, recordation of data or information received or known to you, from any treating physician or any person other than an expert who you will offer as a witness concerning the events, the patient's care or the cause of plaintiffs injuries which is not contained in the patient's medical chart previously produced. 9. Every document in your file, or ill your possession or control which in any references or relates to Jeanine Goodwin, including post-it notes, scrap paper, file covers, telephone logs, appoint books, computer retrievable data, insurance documents or any other document which has writing on it in any way relating to Ms. Goodwin. 10. Copies of the declaration sheets of each and every policv of insurance insuring you against the claims made in the instant action. 11. Any video, brochure, handout or any other aural or readable thing given to Ms. Goodwin to describe the surgery, its risks, alternatives or obtain her informed consent for the surgery of July 17,1998. 206363.1\TSH\SFM . . ~ k~ " , , ,,:,cc L~'t!i 12. All correspondence, documents, audio tapes, video-tapes, e-maiIs or any other reduction ofinfonnation to concrete fonn between you and your insurance company. (You need not include communications directly with your attorney.) Respectfully submitted, Date: 1((1 (~ ANGINO & ROVNER, P.C. ~~// /?,erry $.lJyfijan, Esquire / !.D. N6i~6i07 / 4503 N.-F~ont Street Harrisburg, P A 1711 0 (717) 238-6791 Counsel for Plaintiff 206363.1\TSH\SFM .'~' -'=-.~ '~"lIt!, CERTIFICATE OF SERVICE AND NOW, this 11th day of September, 2000, I, Stephanie F. Minnich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS in the United States mail, postage prepaid at Ramsburg, Pennsylvania, addressed as follows: John Kantner, Esquire POST & SCHELL, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Counsel for Defendant Wolf ..... / ANGINa & Rc. lNER, P.C. 4503 NORTH FRONT S1REET HARRISBURG, PA 17110-1708 RICHARD C. ANGINO NEn.J. ROVNER JOSEPH M. MElIllO TERRy S. HYMAN DAVlDL LUTZ MICHAEL E. KOSIK RICHARD A. SADlOCK 717/238<;791 FAX717/238-5610 WWW.ANGINo..ROVNER.Cm.{ E-MAIL .IHYMAN@ANGINQ.ROVNER.COM October 30, 2000 John Kantner, Esquire POST & SCHELL, P.c. 240 Grandview Avenue CampHill,PA 17011 RE: Goodwin v. Wolf Dear John: DAVID S. WISNESKI NQOLE C. OLSON MICHAEL). NA\lTSl\.l: JOSEPH M. DORIA DUANE S. BARRICK JAMES DECINTI On September 1 I, 2000, we forwarded Interrogatories and Request for Production of Documents to you with regard to Dr. Wolf. We have not yet received any answers or documents from you responsive to that request. Please provide same within 45 days or we will file a Motion to Compel. Thank you for your cooperation in this matter. TSH/sfrn Very truly yours, 222235.1ITSf!\SFM ,,' 0'" ~ '''', ,,,' ,',', ,'"c, ,~' ,,,;,, "'.-" "',<-,,,__,. 'I ''''1'';'' CERTIFICATE OF SERVICE AND NOW, tins 11th day of January, 2001, I, Stephanie F. Minnich, an employee of Angino & Rovner, P.e., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S MOTION TO COMPEL DISCOVERY in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Evan Black, Esquire John Kantner, Esquire POST & SCHELL, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Counsel for Defendant Wolf 206363.11TSHISFM ,. "';'. " " ""-" "" 0 C) C, ~; " , r -c "- I;! L;' "- ~ l'~ <- > f.....:, (!) " ~ ~~ c. CI s> CI C') c::: Z .::.-:::: =< '" ~1 'T> -< "'" -" ,;i lIIIiilI;o!l~l 06- S Jt.tO CRRTJFICA TR OF SRRVICR I, Karen R. Mills, an employee ofthe law offices of Post & Schell, P.C., do hereby certifY that on the date listed below, I did serve a true and correct copy of Defendant's Answers to Plaintiffs Interrogatories upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Teny Hyman, Esquire ANGINO & ROVNER, P.c. 4503 North Front Street Harrisburg, P A 171 10 ~'!'!f!~~ Dated: OLI rl-lol ,;.ilL" ="."" .~~~(gf,Mj~~~~li!'r~ili_'''tB__jjiiiliifr ',W:,'"" c_ 0 .' -c "" -, . ~ ~'" o G ..-.:" ~W' 2:'2:, }:;:c: Zoo .~';;;-c ~ -< '--: -n l::;j N \'J -'IJ ;~ r- eo ~"l ',,,~ ~n J__ ~ ~, 00 - ~/'i6. I I I I I I I .1 1 I I CRRTTFICATR OF.SRRVICR I, Karen R Mills, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of Defendant's Response to Plaintiffs Request for Production of Documents upon the following person(s) at the following addressees) by sending SlUIle in the United States mail, first -class, postage prepaid: Terry Hyman, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg,PA 17110 ~) '12~~ Karen R Mills, Paralegal Dated: 02-112-/01 '~_.." _~Utl ~,~U~~~fll~~rt~ri' .. ~= -", "'0 ~, .- ~ , .. ~i~~; "',,~:...' iililr~"-''''' "~"~ ~ > "" ,~ o ~ ~ 9l~~ ~:;;:. r::c ~8 L, =< ." ~_.' '.'.""'. I c: ~~f~ '~li ..j "1 C:J ~) r''':"' -(I r\,) "":: r-, . ,. ;;-=~,i-n :::::i -,"'" ::0 -<:' ...j t$. )i., .. POST & SCHELL, P.c. BY: EVANBLACK J.D, # 17884 240 GRANDVIEW AVENUE CAMP HILL, P A 17011 (717) 731-1970 ~ "', 'n""," ~, ~. '..;/_. """ ""7,o'"..it,'I':'.', .,~;_;", ;,"0'," " -""t "~; , .J> . ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN, v, STEVEN B. WOLF, M.D., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-5140 Defendant JURY TRIAL DEMANDED CRRTIFICATR OF SRRVICR I, Rebecca S. Rusbatch, an employee of the law offices of Post & Schell, P. C., do hereby certify that on the date listed below, I did serve a true and correct copy of the Supplemental Request for Production of Documents of Defendant Steven B. Wolf, M. D. Addressed to Plaintiff upon the following person(s) at the following addressees) by sending same in the United States mail, first- class, postage prepaid: Date: ~ Terry S. Hyman, Esquire ANGINO & ROVNER, P.c. 4503 North Front Street Harrisburg, PAl 711 0 POST & SCHELL, P. C. . . ait\J '-<I ", ,", ,'~, ~- "'. ',' . ... ,,-,,',,,, , c~ --" "'iIliIII'" 'd'" '" """, , " '" , "~1 ! ... 0 0 0 c: -n -/ ~ .,.-\ ~"..~ -00;:; ~1'~ ;2 rnrl~ ?O z,::c 1';) ,,,.)\-rt z,c );~r? ~"; <.J\ .0<- ~;-:;~(:J ~o "" -r--r\ %0 :J;:: 5:J.1 .".0 _0 t.:l .:-j\1 ;poc: .. ~ ?i - ~ .t;:' b '. ,..". , ~ ,"~'~', r.." .' ",."",,_,<, ,C,'''''-O,"""O." '0';'" , ',;,~",c, -- . POST & SCHELL, P.c. BY: EVANBLACK !.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (71 7) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANINE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. STEVEN B. WOLF, M.D., CNIL ACTION - LAW NO. 00-5140 Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rebecca S. Rusbatch, an employee of the law offices of Post & Schell, P. C., do hereby certify that on the date listed below, I did serve a true and correct copy of the Supplemental Interrogatories of Defendant Steven B. Wolf, M. D. Addressed to the Plaintiff (June 5, 200 I), along with a Supplemental Request for Production ofDocwnents of Defendant Steven B. Wolf Directed to PIaintiff(June 5, 2001) upon the followingperson(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Terry S. Hyman, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 1711 0 POST & SCHELL, P. C. Date: ~ I/;} /01 ~,' > ., ='- u ~" . .. -- " ~ ~, ,''-',:;' .-;" k ~.... ,. 0 C..:> 0 C -n s:: L. -' -Ow C ,~~ nlm Z Z:x, I Zr;; w'"" en ~~; -<~ !;::C) -r) ~'o -"j.. ~:J c) ::<>0 t:? t.::;~rn C ~ Z :::.:> ~ en ~ ,~ ,.. ~~ . j i , I I , il :i " Ii 1 " I ~ i " j 0, _~" '" ",' . 'L" ";.' - - -,." -';"'j . .. ... POST & SCHELL, P.C. BY: EVANBLACK !.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, P A 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. JEANlNE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A v. STEVEN B. WOLF, M.D., CIVIL ACTION - LAW NO. 00-5140 Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Rebecca S. Rusbatch, an employee of the law offices of Post & Schell, P. c., do hereby certify that on the date listed below, I did serve a true and correct copy of the Supplemental Interrogatory Addressed to Plaintiff (October 8, 2001) upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Terry S. Hyman, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 POST & SCHELL, P. C. Date: I rJ / / () /01 -.,- ~, ~""'~'4'C:.",~ --jf' ~ ~ ~, -" ~ ", ~L'l~iliil .. ."""_...~, --~ ~"~'-'-.iiBif .-/" '"'~_~ ~'~l. .c" . (') 0 0 C -';"I ;;:: C) -000 ('") ;0, :1] !=2fT: -t A"l~ -rJ --:;:'JITl zS':: I'V :nS? ~z :;~ <..1 ,<0 -0 :,I;=H )>0 ::Jl;: ~R ~O '>? dm ~ cell ?& ~o -< ,. ""\i I I I I I I I , - JEANlNE GOODWIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 00-5140 STEVEN B. WOLF, M.D. Defendant : JURY TRIAL DEMANDED PLAINTIFF'S SUPPLEMENTAL ANSWER TO DEFENDANT'S INTERROGATORIES See attached expert report and curriculum vitae of Adnan A. Abla, M.D. as Plaintiffs Supplemental Answers to Defendant's Interrogatories. Respectfully submitted, ANGINO & ROVNER, P.C. Date=! dJ ~ ",-1 'j \1 II <I) . ~MC HEALTH SYSTEM Tri-State Neurosurgical Associates-UPMC Department of Neurological Surgery Administrative Office: UPMC Presbyterian, 5C 200 Lothrop Street Pittsburgh, PA 15213-2582 412-647-3604 1.888.234.4357 Fax: 412-647-3605 Joseph C. Maroon, MD Vice Chairman Department of Neurological Surgery University of Pittsburgh Adnan A. Abla, MD Ghassan K. Bejjani, MD Matt EI-Kadi, MD, PhD Daniel A. Wecht, MD November 28, 2001 Mr. Terry S. Hyman Attorney at Law ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 1711 0-1708 RE: Jeanine Goodwin File Dear Mr. Hyman: Jeanine Goodwin is a 45-year-old patient who had spinal surgery performed by Dr. Steven Wolf on 9/17/98. The surgery consisted of a laminectomy, discectomy, and spinal fusion with pedicle screws and cages. According to Dr. Wolfs notes: 1. Toward the end of the procedure, "the Hall drill jumped off the L5-S1 facet and tore the dura." Dr. Wolf went ahead and repaired the tear. 2. Prior to a second surgery, Dr. Wolfs notes described the patient's urge deficit, with no numbness or tingling in the perineum. "Had some urinary urgency and loose bowel pre-op and also had groin numbness pre-op. She does have numbness in her feet on occasion now. PE: Rectal sphincter contracts, fairly good tone. Positive decrease sensation around rectum. Excellent LE strength PLAN: Keep flat." On 7/18/98, his note stated that "the patient feels more numbness in the right perineum. Had some pain on occasion on right anterior lateral tibia. PE: Rectal tone same as yesterday. Decreased sensation on right side, o.k. on left. Good strength in LE. PLAN: Must explore hematoma, will check on dural repair." i"~ ~ > " . - .. ~ ~- , ~ -, - -~ ,~ -," Jeanine Goodwin File NoyembeF 28, 2001 Page 2 My opinion on this case: 1. The high-speed drill does not just tear the dura, it macerates nerve roots. The sacral nerve roots are thin, redundant nerves suspended in the dural sac. In simple tears that are not created by a high speed drill, sacral nerves usually herniate through the dural defect. However, with a high speed drill, these nerves easily entangle on the drill and become macerated. This unfortunate complication could be avoided by protecting the dura with cottonoids. I did not come across any protective measures that Dr. Wolf adopted in drilling the bone at L5-S 1. 2. Dr. Wolfs post-op notes and exam are not diagnostic of cauda equina syndrome. They more or less reflect an injury to the right sacral nerve roots. An epidural hematoma, causing the cauda equina syndrome, usually affects both sides of the body with weakness of the lower extremities and urinary incontinence. A diagnostic study would have been appropriate to support his suspicion. 3. During Dr. Wolfs deposition on 4/12/01, he mentioned that her bone was hard at the L5-S1 area. If that was the case, then her bone was hard at the other areas, especially when he was performing the laminectomy and drilling the L4-5 facet joint. If that was the case, I feel that Dr. Wolf should have used some precautionary measures to avoid any inadvertent dura tear. One of these would be to protect the dura by applying cottonoids over the dura so that it would have reduced the risk of a dural tear or possibly nerve damage. A second precautionary measure is to exercise greater control over the movement of the drill. I feel that Ms. Goodwin's 2nd surgery could have been prevented if Dr. Wolf had been aware that the high-speed drill could have macerated the nerve roots. He could have requested the assistance of a neurosurgeon to open the dura and explore the nerve roots. This unfortunately was not done by Dr. Wolf. He waited to see the outcome of the surgery and if there were any neuro deficits which were beginning to surface at the first post-operative date. He thought he was dealing with an epidural hematoma. However he did not have any post-operative diagnostic studies such as an MRI to support his opinion. He took the patient back to surgery on the second date and then explored the area with a neurosurgeon. When they opened the dura they found that the nerves had been macerated. This was an unfortunate complication which, if precautions had been taken, would not have happened. These precautions would -, ' '-"",-- .-~.- '., -."f;,: Jeanine Goodwin File November. 28, 2001 Page 3 probably have prevented such a complication and there would not have been this inadvertent duratomy with nerve root maceration. As a result of the maceration, Mrs. Goodwin has suffered a loss of feeling in her groin, including her genitalia, as well as the bowel and bladder problems doted in her records. Sincerely, AJvr"'-t- ALd,--,t Adnan A. Ab1a, M.D., M.Sc., F.A.C.S. Clinical Associate Professor Department of Neurosurgery UPMC Presbyterian Hospital AAlpk ~ "" ~ -, .....D'L:: CURRICULUM VITAE ADNAN ADIB ABLA, M.D., F.A.C.S. HOME ADDRESS: OFFICE ADDRESS: EDUCATION AND TRAINING GRADUATE 1970-1972 1972-1978 UNDERGRADUATE 1966-1970 HIGH SCHOOL 1964-1966 POST GRADUATE 1977-1978 1978-1979 1979-1980 607 Victoria Lane Wexford, PA 15090 (724) 935-8243 Tri-State Neurosurgical Associates - UPMC Presbyterian University Hospital, Suite 5C 200 Lothrop Street Pittsburgh, PA 15213 Phone: (412) 647-3604 Fax: (412) 647-3605 American University of Beirut Beirut, Lebanon M.Sc. Biochemistry American University of Beirut Beirut, Lebanon M.D. American University of Beirut Beirut, Lebanon B.Sc. Biology Intemational College of Beirut Beirut, Lebanon American University Hospital Beirut, Lebanon Internship Medicine & Surgery Residency Surgery King Faisal Specialist Hospital Riyadh, Saudi Arabia General Surgery -4months Urology -2months Cardiac Surgery -4 months (Baylor College) Orthopedics -1 month King Faisal Specialist Hospital Riyadh, Saudi Arabia Residency Surgery (Urology) :r - ~~ - Hi.' EDUCATION AND TRAINING (continued) 1980-1984 American University Hospital Residency Beirut, Lebanon Neurological Surgery 1984-1985 AUH-Allegheny General Residency Training Pittsburgh,Pennsylvania General Surgery 1985-1988 AUH-Allegheny General Clinical Fellowship Pittsburgh, Pennsylvania Neurological Surgery 1988-3/31/91 Medical College of Pennsylvania Resident Philadelphia, Pennsylvania Neurosurgery 4/1/91-6/30/93 University of Oklahoma Medical Resident Oklahoma City, Oklahoma Neurosurgery 11/92-6/93 University of Oklahoma Medical Resident Oklahoma City, Oklahoma Spinal Instrumentation Neurosurgery and Orthopedic APPOINTMENTS 7/1/93-10/97 AUH-Allegheny General Pittsburgh, Pennsylvania Assistant Professor of Neurosurgery & Orthopedic Surgery Director, Spine Services 10/97-10/99 West Penn-Allegheny Health System Allegheny General Hospital Senior Attending Staff Pittsburgh, Pennsylvania Associate Professor of Neurosurgery Allegheny General Hospital Director, Spine Services 10/99 -Present UPMC Health System Pittsburgh, Pennsylvania Attending Clinical Associate Professor University of Pittsburgh School of Medicine Department ofNeurosurger Adnan Abla, M.D., F.A.C.S. Page 3 . . APPOINTMENTS (continued) 1O/95-Present UPMC Passavant Jr. Active Pittsburgh, P A 3/96-Present Trinity West Medical Center Steubenville, OH 43952 Active 11/96- Present St. Francis Medical Center Courtesy Pittsburgh, P A 3/98-Present Weirton Medical Center Courtesy Weirton, WV 26062 1/00-Present UPMC Shadyside Active Pittsburgh, P A 1/00-Present UPMC St. Margaret Assistant Pittsburgh, P A 1/00-Present UPMC Horizon Active Greenville, PA 16125 7/00-Present Wheeling Hospital Pending Wheeling, WV 26003 7/00-Present UPMC Beaver Valley Hospital Pending A1iquippa, PA 15001 7/00- Present Ohio Valley Medical Center Pending Wheeling, WV 26003 CERTIFICATION May 7, 1997 May 1998 Diplomat, The American Board of Neurological Surgery Fellow American College of Surgeons :~ ~ "-" - -"- , ~ '..~.. Adnan Abla, M.D., F.A.C.S. Page 4 LICENSURE 1986 1986 1991 1995 1996 Pennsylvania - MD-037456-E Ohio - 54137 Oklahoma - 17624 Florida - 390911 West Virginia - 18328 MEMBERSHIPS IN PROFESSIONAL AND SCIENTIFIC SOCIETIES Allegheny County Medical Society American Association for Advance of Science American Medical Association Congress of Neurological Surgeons World Association of Lebanese Neurosurgeons Pennsylvania Medical Society Pennsylvania Neurosurgicll1 Society Oklahoma State Medical Association Joint Committee on Spine and Peripheral Nerves - AANS/CNS American Association of Neurological Surgeons HOSPITAL COMMITTEE WORK Allegheny General Hospital, NICU Quality Assessment Committee 1995-1999 Orthopedic Standardization Committee 1995-1998 UPMC Presbyterian Hospital, Spine Team 2000-present RESEARCH ACTIVITIES 1970-1972 Metabolism of ATP human spermatozoa Na-KATP-ase in human spermatozoa Ca++ = ATP-ase and abnormal sperms. Histochemical studies. 1983-Present Immunological aspects of primary brain tumors. " ." ~ ...'" Adnan Abla, M.D., F.A.C.S. Page 5 BOOK CHAPTERS I. Abla AA, Maroon JC: "Classification of Acute Cord Injury, Neurological Evaluation and Neurological Considerations." Critical Care Medicine Clinics - Acute Spinal Cord Iniuries, M.S. Abin (ed.) 3:655-677,1987. 2. Maroon JC, Abla AA: "General Operative Technique," Textbook of Neurological Surgerv. J Youmans (ed.) 3rd Edition, p. 922-940, 1990. 3. Maroon JC, Abla AA: "Tumors of the Orbit." Julian Hoff (ed.), In Practice of Surgerv LTD, CT" 12:1-19, 1988. 4. Maroon JC, Abla AA: "Orbital Tumors." Current Therapv in Neurosurgerv, D Long (ed.), p. 29-37, 1989. 5. Maroon JC, Abla AA: "Central Cervical Cord Syndrome." Clin Neurosurgerv, 37:612- 621, 1990. 6. Maroon JC, Abla AA: "Transfrontal Removal of Orbital Tumors." Current Neurosurgical Practice Vol IV: Techniques in Neurosurgerv. C.B. Wilson (ed.) p. 1-9, 1992. 7. Maroon JC, Abla AA: "Choice of Surgical Approach to Lesions of the Orbit," Operative Neurosurgical Techniques 3rd Edition. Schmidek and Sweet (Eds.).W.B. Saunders Co., 1995. p. 195-205. 8. Maroon JC, Abla AA: Kennerdall JC: "Management of Tumors of the Orbit." The Practice ofNeurosurgerv. Tindall, Cooper and Barrow (Eds.) Williams and Wilkins, p. 1243-1257, 1996 9. Maroon JC, Abla AA: "Tumors of the Orbit." Neurological Surgerv 4th Edition. Julian R. Youmans (Ed.). W.B. Saunders, p. 2882-2893,1996. 10. Abla AA, Oh,M: "Clinical Features of Subdural Hematoma: Chronic Spinal Subdural Hematoma." Neurosurgerv Clinics of America, V olrr (3), 2000. 11. Abla AA, Celin S, Maroon JC, Medary M: "Cervical Spondylotic Myelopathy". Neurological Issues in OtolarYngology: Principles and Practice of Collaborative Surgerv. Eds Arriaga, Day, pp. 223-230, Lippincott, Williams & Wilkins, 1999. ;~Iil' ~~ iiIiifil;ll;:llAl. "" >,- .', , ,,~.-, Adnan Ab1a, M.D., FAC.S. Page 6 PUBLICATIONS 1. Durr, I. Abla AA, Mroueh A: ATP-ase of human spermatozoa. J Reorod Fertil 31:313,1972. 2. Abla AA, Mroueh A: Durr I: Divalentcation-dependent ATP-ase in human spermatozoa. J Reorod Fertil37:121, 1974. 3. Abla AA, Mroueh A, Durr I: The hydrolysis of A TP by human spermatozoa. Tnt J Biochem 5:787,1974. 4. Abla AA, Mroueh A, Durr I, Shaffi: Active transport system in human spermatozoa. Intern J FertiI20:95, 1975. 5. Haddad F, Abla AA, Allan C: Ependymal brain cyst. Surgical Neurology 18:246-249, 1982. 6. Hanash KA, Bissada NK, Abla AA, Esmail D, Dowling A: Predictive value of excretory urography, ultrasonography, computerized tomography, and liver and bone scan in the staging of bilharzia bladder cancer in Saudi Arabia. Cancer 54:172-176,1984. 7. Maroon JC, Abla AA: Microdiscectomy versus chemonuc1eolysis. Neurosurgerv 16(5):644-649, 1985. 8. Abla AA, Maroon JC, Kennerdell JS, Deeb ZL: Fibrosis surrounding a silicone implant stimulating recurrent orbital meningioma. J Neurosurgerv 63:467-469, 1985. 9. Malik M, Haddad F, Slim J, Saba J, Nassar S, Abla AA, Monsour: Spinal cord compression in neuroblastoma. Surgical Neurology 23:567-572, 1985. 10. Wilberger JE, Abla AA, Kennerdell JS, Maroon JC: Mucocele of the pterygoid recess treated by laser surgery. J Neurosurg 63:970-973, 1985. 11. Abla AA, Maroon JC, Wilberger JE, Kennerdell JS, Deeb ZL: Intrasellar mucocele simulating pituitary adenoma: Case report. Neurosurgerv 18(2):197-199,1986. 12. Abla AA, Rothfus W, Maroon JC, Deeb Z: Delayed spinal subarachnoid hematoma: A rare complication ofC1-C2 cervical myelography. Am J Onhthal 7:526-528, May/ June, 1986. 13. Kennerdell JS, Maroon JC, Garrity JA, Abla AA: Surgical management of orbital lymphangioma with the carbon dioxide laser. Am J Onhtha1102:304-308, September 1986. 10'" ~ -- "'_:l!i~j'i~\:' Adnan Ab1a, M.D., F.A.C.s. Page 7 PUBLICATIONS (continued) 14. Abla AA, Maroon JC, Slifkin: Brain abscess due to haemophilus aphrophilus: Possible canine transmission. Neurosurgerv 19:123, 1986. 15. Haddad F, Abla AA, Allan C: Extradural spinal angio1ipoma. Surg NeuroI26:473, 1986. 16. Wilberger JE, Abla AA, Maroon JC: Burning hands syndrome revisited. Neurosurgerv 19:1038,1986. 17. Maroon JC, Abla AA: Micro1umbar discectomy. Clin Neurosurg 33:407-417, 1986. 18. Wilberger JE, Abla AA, Rothfus W: Lipoma of the septum pellucidum. Case report. J Comout Tomogr 11(1):79-82,1987. 19. Maroon JC, Abla AA: Diagnosis and treatment of orbital tumors. Clin Neurosurg 24:485-598, 1987. 20. Rothfus WE, Chedid MK, Deeb ZL, Abla AA, Maroon JC, Sherman RL: MR Imaging in the diagnosis of spontaneous spinal epidural hematomas. J Comout Assist Tomogr 11:851-854,1987. 21. Chedid M, Deeb Z, Rothfus W, Abla AA, Sherman R, Maroon JC: Major cerebral vessels injury induced by a seat belt. J Trauma 29:1601-1603,1989. 22. Maroon JC, Kopitnik TA, SchuIhofLA, Abla AA, Wilberger IE: Diagnosis and microsurgical approach to far-lateral disc herniation in the lumbar spine. J Neurosurg 72:378:382, 1990. 23. Kessler L, Abla AA: Syndrome of the cervical plexus due to high cervical nerve root com.pression. Neurosurgerv 28:506-590, 1991. 24. Maroon JC, Douglas RA, Wilberger JE, Abla AA: Microlumbar discectomy. Neurosci J: p. 9-13,1993. 25. Maroon JC, Kennerdell JS, Vidovich D, Abla AA, Sternau L: Recurrent spheno-orbital meningioma. J Neurosurg 80:202-208, 1994. 26. Abla AA, Upper Cervical Spine Trauma, Surg. NeuroI47:432-434, 1997. 27. Maroon JC, Abla AA, Bost J: Association between peridural scar and low back pam after lumbar discectomy. Neurological Research 21:S43-S46, 1999. PUBLICATIONS (continued) .' ~'~ ^'lil Adnan Abla, M.D., F.A.C.s. Page 8 . 28. Bost J, Maroon JC, Abla AA: Adcon-L for inhibiting postoperative fibrosis. Surgical Physician Assistant: p. 13-16, May 1999. 29. Abla A, Elrifai AM, Deeb Z, Maroon J: Reversible Paraplegia in Traumatic Hyperextension Fracture of the Thoracic Spine and Diffuse Idiopathic Skeletal Hyperostosis. Ouo Vadis, pp. 17-18, July, 1999. 30. Abla A, Oh M: Spinal chronic subdural hematoma. Neurosurgerv Clinics of North America. (11) 3:465-471, 2000. ABSTRACTS 1. Hanash KA, Abla AA, Bissada NK: Bladder cancer in Saudi Arabia. 2. Bissada NK, Hanash KA, Abla AA: Pheochromocytoma: A spectrum. 3. Hanash KA, Bissada NK, Abla AA, Esmail D, Dowling A: Predictive value of excretory urography, ultrasonography, computerized tomography, and liver and bone scan in the staging ofbiharzial bladder cancer in Saudi Arabia. Presented at the 77th Annual Meeting of the American Urological Association, Kansas City, May 16-20,1982. 4. Beckman, Lupetin, Sefczek, Deeb, Rothfus, Maroon, Baghai, Wilberger, Kessler, Protsko, Sherman and Abla: With CT intraoperative neurosonography:Corre1ative imaging with CT and MRI. Presented at the 30th Annual Convention of the American Institute of Ultrasound in Medicine, Washington, DC, April13-17, 1986. 5. Medary M, Abla AA, Taubar M, and Maroon JC: Treatment of Cervical Spondylitic Myelotopathy with Anterior Decompression and Fusion. 1997 Annual Meeting, J.A. Association of Neurological Surgeons, Denver, Colorado. 6. Warren L W, Bost J, Abla AA: Sublaminar Hook Fixation in Spine Trauma. AANS/CNS Section on Disorders of the Spine & Peripheral Nerves Annual Meeting, page 101, Orlando, Florida, February 10-13,1999. f- - ~ '" " =~-~"-'-<I~ '~ - . ~' '0; Adnan Abla, M.D., F.A.C.S. Page 9 . ABSTRACTS (continued) 7. Tantuwaya L, Bost J (pAC), Abla AA: Pedicle Screw Fixation and Allograft Arthrodesis in the Young and Elderly Populations. AANS/CNS Section on Disorders of the Spine & Peripheral Nerves Annual Meeting, page 115, Orlando, Florida, February 10-13,1999. 8. Flannagan P, Abla AA, Kandabarow A, Douglas R, Richman J: The Use of Electro- myography in the Safe Placement of 1000 Pedicle Screws. American Association of Neurological Surgeons Annual Meeting, New Orleans, Louisiana, April 24-29, 1999. 9. Flannagan P, Abla A, Bost J, Gill S: Experience with Three Different Types of Instrumentation for Traumatic Lumbar Fractures. Congress of Neurological Surgeons Annual Meeting, Boston, Massachusetts, October, 1999. 10. Hartl R, Bost J, Abla A, Maroon J: Morphine Nerve Paste After Lumbar Laminectomy And Fusion. Congress of Neurological Surgeons Annual Meeting, Boston, Massachusetts, October, 1999. 11. Warren LW, Abla A, Pollice P: Value of Continuous Recurrent Laryngeal Nerve Monitoring During Anterior Cervical Spine Surgery. Congress of Neurological Surgeons Annual Meeting, Boston, Massachusetts, October, 1999. 12. Oh M, Lobaugh P, Bost J, Frantzen S, Abla A: Clinical and Electrophysiologic Correlation in Cervical Spondylotic Myelopathy Treated with Surgery. The American Association of Neurological Surgeons Annual Meeting, San Francisco, CA, April, 2000. 13. Burke, James P, Abla Adnan, E1-Kadi Hikmat, Bost Jeff, Abla Abir, Abla Adib. Update to Pedicle Screw Fixation and Allograft Arthrodesis in the Young and Elderly Populations. AANS/CNS Section on Disorders of the Spine and Peripheral Nerves Meeting, Challenges in the Spine Specialty Program Book, Phoenix, AZ, February, 2001. 14. Burke James P, Abla Adnan, EI-Kadi Hikmat, Bost Jeff, Abla Abir, Abla Adib. Update on Sub laminar Hook Fixation in Cervical Spinal Trauma. AANS/CNS Section on Disorders of the Spine and Peripheral Nerves Meeting, Challenges in the Spine Specialty Program Book, Phoenix, AZ, February, 2001. 15. Burke James P, Abla Adnan A, Maroon Joseph C, Field Melvin, Bost Jeff, Abla Abir, Ab1a Adib: Long-term Outcome of Lumbar Pedicle Screws. 2001 Annual Meeting of the American Association of Neurological Surgeons, Toronto, Ontario, April, 2001. 16. Burke James P, Abla Adnan A, Maroon Joseph C, Field Melvin, Bost Jeff, Abla Abir, Ab1a Adib: Outcome Comparison of Synthes Cervical Spine Locking Plate Systems. 2001 Annual Meeting of the American Association of Neurological Surgeons, Toronto, Ontario, April 2001. :i " J" , ~'~ ~, i, ' - - ,- ~- ~ Adnan Abla, M.D., F.A.C.S. Page 10 ABSTRACTS (continued) 17. Field Melvin, Abla Adnan, Maroon Joseph, Bost Jeff, Burke James, Abla Abir, Abla Adib: Radiographic and Clinical Outcomes Using Pyramesh and Z-Plate Instrumented Fusion Constructs for Patients with Thoracolumbar Instability. 2001 Annual Meeting of the American Association of Neurological Surgeons, Toronto, Ontario, Apri12001. 18. Field Melvin, Abla Adnan, Maroon Joseph, Burke James, Bost Jeff, Abla Abir, Abla Adib: Posterior Occipitocervical Fusion in Adults. A long-term follow-up study. 2001 Annual Meeting of the American Association of Neurological Surgeons, Toronto, Ontario, April 2001. ORAL POSTERS 1. Warren W Lee, Abla Adnan A, Pollice Philip A. Value of Continuous Recurrent Laryngeal Nerve Monitoring During Anterior Cervical Spine Surgery. CNS Annual Meeting, Boston, MA, 11/1-3, 1999. 2. Hartl Roger, Bost Jeff, Abla Adnan, Maroon Joseph. Morphine Nerve Paste After Lumbar Laminectomy and Fusion. CNS Annual Meeting, Boston, MA, 11/1-3,1999. SCIENTIFIC MEETINGS 1. Congress of Neurological Surgeons, New York, NY, 1984. 2. American Association of Neurological Surgeons, Atlanta, GA, 1985. 3. Congress of Neurological Surgeons, New Orleans, LA, 1986. 4. Congress of Neurological Surgeons, Baltimore, MD, 1987. 5. American Roentgen Ray Society. Certificate of Appreciation of Scientific Exhibit Inoperative Cranial Neuro Sonography Correlative Imaging with CT and MRI. 6. Advanced Orbital Surgery. Allegheny University Hospitals,A11egheny General, Pittsburgh, PA 1987. ~ " " - 0.' Adnan Abla, M.D., F.A.C.S. Page 11 . SCIENTIFIC MEETINGS (continued) 7. Midas Rex Institute. Seven Springs, PA 1987. 8. Stereotactic Neurosurgery in Practice. San Diego, CA, 1988. 9. American Medical Association. Physician Recognition Award, 1990. 10. American Association of Neurological Surgeons. Nashville, TN, 1990. 11. Specialized Spinal Instrumentation Applications; Degenerative Lumbar Instability. Chicago, IL, November 13-14,1992. 12. Isola Spinal Implant System: Principles and Practice Seminar. Kansas City, MO December 4-5, 1992. 13. AO-ASIF Spinal Instrumentation. San Diego, CA, March 28-Apri12, 1993. 14. Spinal Instrumentation. Milwaukee, WI, June 20-26,1993. 15. Skull Base Surgery. Los Angeles, CA, October 14-16, 1993. 16. American Medical Association, Physician Recognition Award, 1993. 17. Continuing Education Award in Neurosurgery, 1998. 18. ADCON Study 1996-1997. 19. American Association of Neurological Surgeons Annual Meeting, New Orleans, Louisiana, April, 1999. 20. Congress of Neurological Surgeons Annual Meeting, Boston, Massachusetts, October, 1999. 21. American Association of Neurological Surgeons Annual Meeting, Toronto, Ontario, Canada, April 2001. :' ,~~ " ~ ~ .'1, - iiiili Adnan Ab1a, M.D., F.A.C.S. Page 12 SPONSORED COURSES 1. Course Director, Spine Instrumentation, AUH-A11egheny General Hospital, June 13-14, 1998. AA1pk Revised 06/0 1 VERIFICATION I, Terry S. Hyman, Esquire, Counsel for the Plaintiffs, am authorized to make this verification on behalf of said Plaintiffs, and the facts set forth in the PLAINTIFF'S SUPPLEMENTAL ANSWERS TO DEFENDANT'S INTERROGATORIES are true and correct to the best of my knowledge, information, and belief, and are true and correct based on the information obtained from Plaintiff. I understand that this verification is made subject to the provisions of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. ."..,.. 201566.1\TSH\SFNl ,_:, -,,",--c .,.,c.-,' ~,,-.i~-. JEANlNE GOODWIN, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00-5140 STEVEN B. WOLF, M.D. Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this //>0 day of December, 2001, I, Janice S. Smith, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S RESPONSE TO DEFENDANT'S INTERROGATORIES in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Evan Black, Esquire POST & SCHELL, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Counsel for Defendant Wolf ~ ~ JEANINE GOODWIN, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : NO. 00-5140 STEVEN B. WOLF, M.D. Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this /t*- day of December, 2001, I, Janice S. Smith, an employee of Angino & Rovner, P.C., do hereby certifY that I have served a true and correct copy of the PLAINTIFF'S RESPONSE TO DEFENDANT'S INTERROGATORIES in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Evan Black, Esquire POST & SCHELL, P.C. 240 Grandview Avenue CampHill,PA 17011 Counsel for Defendant Wolf ~ C/~'. . '-- Jres..rmth ( ~h "" l<lIii'!l<"-' ~ ,~ Eft ~~"""'- -'-Jl!IIj '" '0 '0 . - ,~-~ -~ ..... ,<' ~ [.:,, -~) ::':~" L'.; ~ ';:-J c:-~ <. ~i;.-; ,-,,~ 7~ -< (::;- -~ - C~) '-d.' I il I i I , '::) .i'l '"'-- POST & SCHELL, P.C. BY: EVANBLACK LD. # 17884 BY: DUANE S. BARRICK !.D. #77400 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 JEANlNE GOODWIN, Plaintiff v. STEVEN B. WOLF, M.D., Defendant CC', _'-, :r'<>"'-'-'~ ~~'-,-.~""",,,"'.-.".,~. '"~--~'i,_. .~-- ~""'l: ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-5140 JURY TRIAL DEMANDED PRAECIPE TO DEFER/SUGGESTION OF BANKRUPTCY To the Prothonotary: Defendant, Steven B. Wolf, M.D., is an insured of PHICO Insurance Company for his insurance. Pursuant to the Honorable Rochelle S. Friedman's Order dated February 1, 2002, attached hereto, this matter is stayed indefinitely. Date: 2/ ta2 POST & SCHELL, P.C. BY~S'~ EVAN BLACK, ESQ. DUANE S. BARRICK, ESQ. Attorneys for Defendant Steven B. Wolf, M. D. ij- , -, "~'I!lrci'l FEE B 1 . 02 1 S: 38 FR loJBS&.5 7 ~,(jUTK 215 977 2~1 TQ 1201~t5S9~1?17 P.02/13 IN THE COMMONWEALTH COURT OF l'E!\'NSYLVANIA rv1. Diatle Koj{/tn, Insuran~e Commissioner orille Comrnomvealth QfPennsylvania P]aintilT v. No. 427 M.D.. 2001 ....... ,.,., "'. ~ . PHlCO Insurance Company One PHICO Driye P.O. Box 85 Mechanicsburg, PA 17055-0085 Defendant -~ '. ~. -.- = "" ORDER OF LlQUWATlON At'iD .NOW, this I ,\ day of February, 2002, upon consideration of L1e Petition for Uqu,)dation (Petition), fiied by Diane Kaken, Insurance Commissioner of [he Commonwealth of Pennsylvania (Comnnssioner), in her capacity as Statutory Rehabillta.tor of PHrCO fnsurancc Company (PHICO), in accoroance with Article V of the In~ui:ance Depas1mem Ad (Act), Act of 1921, as amended, 40 P.S. S&211-211.63, and the COrlsent thereto, it is hereby ORDERED and DECREED that said Petition is GRANTED. '. It is further ordered and decreed that: 1. The rehabilitation of PBJCO commenced under this court's order of August 16,200] is hereby tenninated. ~"~ ^ --, ~ - , '-'< h~'t' FEE! 01 . 02' t5: 38 F~ 1.JlJlS'&S' 7 ~.oL!TH 215 9'1? 2E.84 ro l;2elIf155989111?1? P.i33cU 2. PErea is hereby found to be ;:no is declared to be insolvent, as that term 1S defmedin 40 PS. 9221.3 and as provided in 40 P.S. 99Z;n .14( l} 1111d 22U9. 3. Tho:: Commissioner (including bel' SUccessors in office) is hereby appointed Liquidator of PHICO. The LiquidatoT(iricluding her succeSSors and designees) is directed to take possession of PHI CO's property, business and affairs as Liquidator, to liquidate PHlCO in ar;cot'dl.lTlce with Article V of the Act and to take such action as the Liquidator deems to be in the interest of policyholders. creditors or the public, 4 The l,iquidator is hereby vested ;'{ith all the powers, rights and duties authorized under the Act and other applicable law and regula.tion. ASSETS OF THE ESTATE ;). The Commissioner, as Liquidator, is vested with title to all propltrt)', assets, contracts and rights of action (assets) of PHrCO, of whatever nature and wherever located, whether held directly or indirectly, as of the date of the fiHnl1: of the Petition. All assets of PHlCO are hereby found to be in custodia legis of this court; and thIS court specifically asserts, to the fullest extent of Its authority, (a) m rem jurisdiction over all assets of PHICO wherever they may be located and regardless of whether they are held in the name of PHlCO or any other '. name; (b) ~;)(c111si"'e jurisdiction over aU determinations of the validity and amount of claims against PHI CO; and (c) exclusive jurisdiction over the determination of the distribution priority of all claims against PRICO. 2 c ---<- "~ t='EB /aj t 02 1 S ~ 38 FR WBSs..S 7 !?.((JTH 21S 9?7 2bS4 TO 1201ttl55989u1717 P.B4/13 6. Th(~ fiiE,g or ,ecording of the Order with the clerk of the Commonwealth Couri or with the recorder of deeds of the county in which its principal office is located (Cumberland County, PA) shall impart the same notice as a deed, bili of sate or other evidence of title duly filed or recorded ,"vith that recorder of deeds would have imparted. - . 7. All banks, invcs1mem banks, or otller companies, other entities or other persons having in their possession assets which are, or may be, the property of PHlCO, shalJ, unless otherwise instructed by the Liquidator, deliver the possession cf the same inmlediately to t.~e Liquidator, and shall not disburse, convey, rnmsfer, pledge, assign, hypothecate, encumber or in any manner dispose of the same '"I!ithout prior wTirren consent of, or unless directed in ....'riling by, the Liquidator. B, All persons and entities, including but not limited to accountants, <iUdHOrS, ba.'1k<;rs. trustees and actuaries, are enjoined from disposing of or destroying any cocl1mel1t~. correspondence or records, regardless of how mamtaim:d (i.e, email, electronic, magnetic, etc.) pertainmg or relating to, whether directly or mdirectly, PHI CO, (It its subsidiaries and affiliates, including but not limited \0 documents perr.ainil1g or relating to any U"'clJ1sactions bem'eenPHICO, its subsidia.-ies and ",ftiliates aIld any party. ~ 9. The arnOlm.t recoverable by the Liquidator from allY reinsurer shall not be n:ducedas a result of the Order of Liquidation, regardless of any , .> -~ ~ -" > ~ - IlIIInlill\t: ITD Ell . f'I2 15'38 FR Wl'lS&S 7 SOUTH 215977 2684 TO 12elltlSS91;$ttl'?1? P.8S/13 provision in II reinsu,-ancc contract or otber agreement. Payment made directly by a reln5Urer to an insured or creditor of PHICO shall nol diminish the reinsurer's obhgarion to PRICO, except to the extent provided by law, 10. All agents, brokers or other persons having sold policies of Insurance issued by PHIeO shall account for ~d pay all 'unearned conunissions and all premiums, collected and uncollected, for the benefit of PHlCO directlv to , the Liquidator, within thirty (30) days of notice of this Order. No agent, broker, reinsurar.ce intermediary OT other perSQIl shan disburse or use momes wbich come inte, their possession and are owed m, or are claimed by, PHICO for any purpose other than payment to the Liquidator. 11. Upon specific written instruction by the Liquidator, all attomevs retained by PHlCO or perfomung legal services fol' PHlCO shaH, within t.hirty (30) days of SUch reqllest, report to the Liquidator the name, company claim nurnl,)er (if applicable) and statns of each ma!:ter they are handling on behalf ~)f PHlCO. Said report shall include an accounting of a.I1Y funds received from or on behalf of ?IDCO for any purpose and in any capacity. . 12. Upon instruction by the Liquidator, any entity furnishing telephone, water, electric, sewage, garbage, trash removal, or utility services to PHIeO shall maintain such service and create a new account for G'le LIquidator as of the cffi:ctivc date of this Order. 4 J~'l-- FEE- 01 '02 i5;3f.l: FR wt:r.:;8:.~"; 7 SOUTH 215 9?? 2684 TO 1201~1559a9ttt717 P.0G/13 U. l'n;ds ot)j~n\1Se instructed by the Liquidator, any perSons or entity having cnstody or control of any data processing information and records (induding but not limited to source documents, all types of electronically stored documents and infoml<ltion, master tapes or any other recorded information) relating to PRIeO or its subsidiaries or affiliates, shall transfer custody and control of such records, ill a form readable by the Liquidator, tome'Liquidator. 14. Unless instruct~d otherwise by the Liquidator, all persons and entities furnishing claims processing or data processing services to PHICO shall maintain SUdl services and transfer an)' such accounts to the Liquidato"(' as of the effective date of this Order. 1.~ PH1CO, each of its subsidiaries and affiliates, and their respective present and former officers, directors, trustees, employees, consultants, agents and attorneys, and ~y and all other persons, shaW (a) $UITcnder peaceullly to the Liquidator ihc premises where PHICO conducts its business; (b) deliver all keys OT access codes thereto and to any safe dejXlsit boxes, and advise the Liquidator of the comhl11ations Of access codes of any safe or safekeeping devices of PHTCO Of any password or authorization code Of access code required for access (0 data jlroccssmg equipmenl; (c) deliver and surrender peacefully to the Liquidator. all of the assets, books, records, files, credit cards, or other property of PHICO in their possession or control, wherever located; and (d) other\"ri,se advise and coopcrate with the Liquidator m identjf>1ng and locating any and all of the fOfegoing. .. 5 111.( , ~ liMe..:,,! A:B 01 ~ '02 1~,: 3'3 rR WDS&5 7 SOUTli 215 ern 2684 TO 1201~15S<;J69~1?1? P.0?/13 16_ Except f;x contracts of ll1surance and for Icinsurance, all cxcc:.J[(Jry contracts to which PHrCO is a party as of ,he effective d1lle Oflhis Order are hereby disavo'.ved, and will stand as disavowed, unless speciii.cally affirmed bv the Liquidator within 120 days of the effective date of this Order. Any disavowal under this pro\rision shall nol be ananticipalory breach of any such contract. All inden-.nification agn:ements entered imo by PHICO dUfing the rehabilitation are hereby arTtrmed, and the LiqUIdator is hereby indemnified by the estate of pmco, as an administrative ex.pense, to the fullest extent permitted by law. CONTINUA nON AND CA~CELLA TION OF COYERAG,& 17. All policies and contracts of inSllrance issued by PHICO are canccJled and tel1ninated for all purposes upon the earliest oflhe following dales; (a) !lImy days from the effective date of this Order; (b) \mtilthe expiration of t.l1e po!i-;;y Qf contract; (c) unCH the insured bas re.placed the insurance cove:age with equivalent insurance with another insurer or otherwise terminated the policy; or (d) until the Liquidator has.effected a transfer of the policy obligation pursuant to section 221.23(8) of the Act . WORKEi~' COMPENSATION CLAIl\1S 18. For a pe-nod not to exceed 90 days from the effective date of this Order, the Liquidator is authorized but not obligated, in her sole discretion, to make arrangements for the continued payrnc::nt in full of the claims uoder policies of workers' compensation by making the tacilities, computer systems, OOQkS, records and arra.'i.gements with third party administrators (to the extent possible) of PHICO available for the processing and pa')'ment of such claims, to any affected 6 ~-- ~i'Jl.":iif;t FEEl Ell . fl2 15':>~ FR WBS>:.'" ? SOUTH 215 W7 2684 TO 1201~lSS'il89l'1'11? P.lllSf13 guaranty assoc:.atioll (or o'her entity that is the functional equivalem) and to states and ,rate c.fiicJ31s holJing slatutOl'Y deposits for ,he benefit or such workers' compensation claimants, provided, however, that such guaramy associations, states 01 stat~ officials shall p<ovide or make available the funds to make the actual', payment of such claims. lu circumstances where a guaranty association certifies in "'Tiring to the Liquidator that it does not have the il1ll1'tedlate ability to fund the payment of workers' cDmpensation claims that are its obligation by law, the Liquidator is authorized to advance the funds, if available, from PHICO to pay such claims on a temporary bllSis for a period not to exceed 90 days, provided that the guaranty association enters into a written agreement that such advRllces shall be treated as a distribution pursuant to 40 P.S. 9221.36. The Liquidator shall have the discretion to accept such interim assurances as she deems adequate in heu of a formal aflreemc1'lt ~ NOTICE AND PROCEDl.IREFQR FIU!'jG CLAIMS 19. Thel:.iquidator shall use good faith efforts to give notice by first-class mail to all entities or persons which or who may have claim.;; against PHICD, contingent 01 otherwise, as disclosed by its books and records, and advis'ing claimants to file with the Liquidator their claims together with proper proots thereof on or before April I, 2003. The Liquidator shall also cause a notice to be published in newspapers of general circulation where PHICO has its principal D1ace of business. as wel1 as in the national edition of the Wall Street Journal, (a) , . specif')ring the last day for the filing of claims; (b) adVIsing aU persons of the procedure by which all persons may present their claims to the Liquidator; (c) advising all persons of the address to which they may send Llleir claim; and (d) ~ ! ,- - UJ"ij~II!i~-~: ~fl 01 'l;J2 15':'l',; FR WBSil.S 7 SOUTH 215 J77 2c~ TO 12?1<<ISS~tl71? P.09/13 advising all such persons of their right to present their claim or claims co the Liquidator. Any and all persons, finns Of corporations having or clairning :0 have any accounts, debts, claims Of demands against PHICO, contin.genr or otherwise, or claiming any right, title or interest in any funds 01' properly in the possession of the Liquidator are required to file with the Liquidator at the location designated in the above-descnbed notices, on or before the date specifte(fby the Liquidator as the last date upon which to file a claim, a properly completed proof of claim or be thereafter barred as claimants against any assets in the possession of the Liquidator, \illkss a late filing is permitting under 40 P.S. 9221.37. No person or entity shall be eligible to participate in My distribution of the asosets of PRICO unless such claims are filed or presented in accordance with and within the lime limit and procedures established by the Liquidator, subject to the provisions for the late filing of cLamlS at 40 P.S.1l221.37. EXPENSES, PAY1\'Ql:N'l'S AND LAWSUITS " 20. Without filing a petition for distribution, the Liquidator shall have the discretion to pay as costs and expenses of administration pursuant to 40 P.S. ~221.44, the actual, reasonable and necessary coats of preserving or recovering ('(sse.t, of PHICO .e.'1d the costs of goods or services provided to and duly approved by PHICO (In Rehabilitation) during me period of Rehabilitation and that are unpaid as of the effective date of this Order. The rights and liabilities of PHICO and of its creditors, policyholders, trustees, shareholders, members and all other persons in.tercslcd in [his estate determined in accordance with the Act as oft.lse dab:: oUlling of the Petition for Liquidation. , 8 ~~ ~ !'-! FEB 0:1 . ~ 15::39 FR WBS&S 7 SClITH 2159772684 TO 1201~15S989<<1717 P.1B/13 11. PHTCO, its subsidiaries and affiliates, and their respective d;;~:lors. (,metrS, trl!s:e<::s, employees, atlorneys, brokers, cons\.ilt<lnts, agel'1ts, poilcyhoJai:ts, ~lld credIlGr5,. "nd all)' other persons, wherever located, except at the direction of t'1e Liquidator, are enjoined from: (a) the tr3lJ~actiou of further business OIl behalf of or for PHICO, (0) the transferring, selling, tel'rnmating, canceling, disbursing, disposing of or assigning any assm, funds or other property of PHI CO, (c) the institutIon or further prQsecutionof any actions in law or equity on behalf of or against PHICO, (d) attempting to collect unpaid premiums, deducl1bles or selt'-insured retentions from PHlCQ's insureds, and (e) taking any other action which might or would lessen the value ofPHlCQ's assets or property, prejudice !hc rights and interests of PHlCO's policyholders and creditors, or int<::rfere in the administration of the liquidation proceeding. 22.. PHlCO. its subsidiaries and affiliates, and th..ir respeclive directors, offleers, trus\ees, employees. attorneys, brokers, consulmnts, agents, policyholders, and creditors, and any other persons, wherever located, are enjoined from: (a) concealing or destroying any assets, :funds or other property of PHICQ, (b) any interference, in any manner, with the Commissioner or her designees in liquidating pHlCQ's bUSiness and affairs, (c) any waste of PHICO's assets or property, (d) th:: dissipation or transfer of PHlCO's bank accounts and negotiable tnSU'ilmems, (e) the obtaining of preferences, judgmenlS, attachments, garnishments C1r liens ~gain$t PHICO's assetS, property and policyholders, (I) the levy of execution process against PBICO and its assets, property and policyholders, (g) the negotiation or execution of any agreement of sale or deed conveying personal or rC'd.l property of PRICO for nonpayment of taxes or ; 9 "', ~ . - "~ - ,It}-: FEB 31 :FlY.:!. 15.39 F'R WBS&S '7 SOUTH 215 'ir/"'? 2584 TO 121i11~1S5'369ll1717 P.1V13 assessments or for any other purpose, (h) wi.thholding from the Liquidator or removing, conceeilng, rransferring or destroying books, accounts, documents. policies or ]:lolicy-related documents or other records relating to PRICQ's business, and (i) making any assessments or indirectly collecting such assessments by setting them off against amountS otherwise payable to PHICO. "" 23. No action at law or equity, including but not lilT'jted to arbitrations and mediations, shall be brought against PRICO, the Liquidator, OJ the Commissioner in her capacity as Liquidator, whether in this Commonwealth or elsewhere, nor shall an)' such eXjsting action be maintaUled or further pros~cuted after t.'1c effective date of this Order. All actions, including arbh:rations and mediations, currently pending against PH1CO in the courts of the Commonwealth of Pennsylvania or elsewhere, are hereby stayed indefinitely. All ilehons, ar!;lirrations and mediations against PHICO, the Liquidator, or the Commissioner in her capacity as Rehabilitator 01' Liquidator, shall be submitted and considere;d as claims in a liquidation proceeding. Only in the event that a party claims that the Liquidator, or the Commissioner in her c.apadly as RehabiEtator or Liquidator, has acted outside her statutory authority or in a manner contrarj to law, may iliat party file a petition for review seeking relief in this court. . 2.1, Unless waived or otherWise agreed by all of the pa.'iies thereto and thtl relevant guaranty association, all actions in which PHICO is or may be obligated to defend a party in any court are stayed to [he extent provided by 2pp1icablc law, subject to further order of the court. The Liquidator may 10 ~ " > ~:W5, FES 0.1 . t'1.'? 15 ~ 39 FR WBS&S 7 SCUTt; 2133772684 to 1201~155989<<1717 P,12/13 cooperate, upon request of a guaranty association, ill seeking a stay of any acnon, as authorized under applicable law. 25. No verdict, judgment 01' order against PHICO Or Its insureds entered after the date of filing of the Petition for Liquidation, and no verdict, judgment or order against PHICO entered at any time ffy <ie-fault or by collusion, need be considered as evidence or proof of liability or quantum of damages by the Liquidator. 26. No actiOn or proceeding in the nature of an attachment, gamishmem, or exccmion shall be commenced or maintained in this Commonwealth or elsewhere against PHICO, the Liquidator, or the Commissioner in her capacity as Liquidator, or their assets. 27. Ail secured creditors or parties, pledgees, lienholders, collateral holders or other persons claiming secured, priority or preferred interests in any property Of assets of PHICO are hereby enjoined from taking any steps whatsoever to transfer, sell, assign, encumber, attach, dispose of, or exercise, purported rights in or agal:1st any property or assets of PHliCO, except as pro....ided in 40 P.S. 922L43 . 28. The Liquidator is auulOrized, in her discretion, to identify, seek rind recover PHICO assets held by (a) the Supplemental Retirement Income Plan Trust; (b) the Directors' Deferred Compensation Plan Trust; or (c) any rabbi or other (:rllStS or plans with respect to benefits or other value or remuneration to be II ~._~~ ~~ - - '1;;-- FEE 01 .132 1 ~~: 4b1: FR lJBS&5 7 SOUTH 215 977 2t~ TO 1201U1559B9tt1717 P_t3/13 provided to members or former members of managcmem or hig..l-lly compensated employees of PHI CO Of any of Its subsidiaries or affiliates. 29. This Order shall be effective O'n February I, 2002 and supersedes this court's order of August 16,2001. .... , 30. The Liquidator, through her counsel, is hereby din:cted to serve a copy of this Order upon all parties of record. The Liquidator, througb her counsel, is directed to file with the oourt in the Office of the Prothonotary, 9L't Floor, Widener Building, 1339 Chr.:stnul Street, Philadelphia, PA 19107. an affidavit that such service has been effectuated. 31. .o..n)' correspondence to the Liquidator (as oPPosc-.d to counsel 10 the Liquidator) shall be direcred as follows: Statutory Liquidutor, PHlCO Insurance Company ([n Liquidation), P.O. Box 2025, Mechanicsburg, PA 17055. ~44~~. ROCHEllE S. FRIEDMAN, Judge . 12 :1<'"+: T(iTf-{.. P;-'1l:::E _ 1~) *-* "- -.. ;. ".:' '" '" ^-"J~' D~ CERTIFICATE OF SERVICE I, Becky Rusbatch, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Terry S. Hyman, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 17110 Date: ~ ~~~<O - ~", , c __ , ,,~ ~c diiilll . " tM d o c:: ~. -r.:;!C::: ~~:iC_ <,:";--'- (fj".::', r~Cj "" ~C,; Ze' )>c: z =<! '---1'1 ~~q "', 'k,~ .:c::;, ;......) en S' .~ .~ ::0 -< " . "~ - -___'_y;,;:~__,"-,~,I - '.---'. .do, .. .::.~>- " ._, '-"-._",-i.-,-';'''''-;;;_\ _~~ ,," '. C'~ ,"_"_',t;"',,,~_ , -'",;;.,: - , . POST & SCHELL, P.C. By: Evan Black, Esquire I.D. #17884 240 Grandview Avenue Camp Hill, PA 17011 (717) 731-1970 JEANINE GOODWIN, ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5140 STEVEN B. WOLF, M.D., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant, Steven B. Wolf, M.D., in the above-captioned matter. Post & Schell, P.C. By: Evan Black, Esquire Identification No.: 17884 240 Grandview Avenue Camp Hill, PA 17011 (717) 731-1970 Attorneys for Defendant, Steven B. Wolf, M.D. ""'" _ ,," ,,_,--_,,;C', "~"~':,"' ,'~' "'",-" ..;"~"-_"~,~_,,,-:t"'!-- ,__"",O';;~' ~ ",',","';:" -- McKISSOCK & HOFFMAN, P.C. By: Edwin A.D. Schwartz, Esquire 1.0. #75902 By: Michael B. Volk, Esquire 1.0. #88553 2040 L1NGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 JEANINE GOODWIN, ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5140 STEVEN B. WOLF, M.D., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Steven B. Wolf, M.D., in the above-captioned matter. McKissock & Hoffman, P.C. By ~~,q";re Identification No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Steven B. Wolf, M.D. . <=' ,". .,..0.'0"'" """';-0""" '\W""''''~<;,c,'_,,+: ,,';' "~__'/:; ;";'';'';;'~'~;.;y''&-~li,::;,.,- ~.,,_,,~b"[,~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Withdrawal of Appearance/Entry of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Terry S. Hyman, Esquire Angina & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 McKissock & Hoffman, P.C. BY:~ Edwin A.D. Sch ,squire Attorney I.D. No. 75902 Michael B. Volk, Esquire Attorney I.D. No.: 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Steven B. Wolf, M.D. Dated: .s;h~ ? '" -~,,-, - ~.~ ""-,~'~,, ~-' <.. - -JjjWi'- """" ';.;;.',,':i,,_' ^- ~ ~ o ,<,',",'." ,'~,'h,'" ~, .. \:, -, 0 a Co) C rV --T) :;;~~ ~i~r , "'7'--1 -c .&:~"A I -7r V)~J.:-' 1'0 -< .~ r'~ c., ::-< ).> r, ;:::::.: ' , 5-0::: C) "'" C~ ,~ "I L_ :Jl ~~ --< ,j;:" .", .-; --", .. _ '.i, " 'o~"_~. ., ..,C, :''<~H''",'-f ,,'0. "'e," ",--,;g;;?=,~".".--:, -, 1<'-"';';;',;.-._--,>0((' -.' "C~",~,,,t,:,;;w~''';-';':'~-;;;'-_;_~-~> ;.' __',',_,_1" ' ,_ _., '-~--':'I ! . J~002 McKISSOCK & HOFFMAN, P.C. By: Edwin A.D. Schwartz, Esquire I.D. #75902 By: Michael B. Volk, Esquire I.D. #88553 2040 L1NGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 JEANINE GOODWIN, ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5140 CIVIL ACTION - LAW JURY TRIAL DEMANDED v. STEVEN B. WOLF, M.D., Defendant MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR LEAVE TO AMEND NEW MATTER I. HISTORY OF THE CASE Plaintiff alleges that Jeanine Goodwin sustained injuries and damages as a result of alleged negligence of Steven B. Wolf, M.D. Defendant, Steven B. Wolf, M.D., was insured under a policy issued by PHICO Insurance Company ("PHICO"). The Commonwealth Court of Pennsylvania entered an Order of Liquidation with a finding of insolvency against PHICO on February 1, 2002. as a result of the Liquidation Order, the provisions of 40 P.S. 9 991.1917(a) apply to Plaintiffs claim. The Pennsylvania Property and Casualty Insurance Guaranty Association has assumed the defense of Defendant, Steven B. Wolf, M.D., under the Pennsylvania Property and Casualty Insurance Guaranty Association Act, 40 P.S. 99 991.1801 et seQ. The Pennsylvania Property ->''-,.-- -~ , __." "P':':-'>-~ cc."_ _; <;:',,;--.":-' -~-:X,/1;,; ',;; ~\ -: -""-:'_'';~"'''__''\'G;:i''1;';,'\-'::-_''"<,:" -ii -_'" ,,<,,,,,1,," " __'<' .. -i.<o"'~--~'~ ;;,:-, . 0 :~~~;;,)~;_, and Casualty Insurance Guaranty Association has asserted that any amount that may be payable by it on behalf of Defendant, Steven B. Wolf, M.D., is reduced by the amount of Plaintiff's recovery under other insurance. Defendant, Steven B. Wolf, M.D., now moves to amend the New Matter to plead defenses that arose after the filing of the original Answer, as a result of the Liquidation Order. These defenses are the requirement to exhaust all other insurance, and the reduction of any amount that may be payable by Defendant, Steven B. Wolf, M.D., by the amount of recovery under other insurance, to the same extent as the reduction of any amount payable by the Pennsylvania Property and Casualty Insurance Guaranty Association. See Exhibit "A". II. STATEMENT OF QUESTION INVOLVED Should Defendant, Steven B. Wolf, M.D., be permitted to amend the new matter to plead defenses arising as a result of an event, the PHICO Liquidation Order, that occurred after the filing of the original pleading? Suggested answer in the affirmative. III. ARGUMENT Pa.R.Civ.P. 1033 permits amendment to plead occurrences that happened after the original pleading. The Rule provides: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading < ; _,: '--,' ',-,-~-o_,; ^ " '_.-- ,; "," -co. ~ ,,--,_,C,,- _; , _,_'~ ",,_,",_ . <~ " .,"~ -,-. ;, - , '-'-",,-,'-l"j may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. Amendments are liberally allowed. Lateness is not grounds for denying leave to amend where the defense became available after the original pleadings were closed. The fact that an amendment may affect a plaintiff's case is not in itself a sufficient reason to deny the amendment. Capobianchi v. BIC Corp., 666 A.2d 344 (Pa. Super. 1995), !illQ." denied, 544 Pa. 599,674 A.2d 1065 (1996). (Defense of collateral estoppel may be raised by amended answer and new matter approximately three years after action filed, shortly before trial.) Amendment of new matter may be permitted even during trial. Pallante v. City of Philadelphia, 133 Pa. Commw. 441, 575 A.2d 980 (1990). The party opposing amendment must establish more than undue delay to overcome the policy of liberal amendment. Horowitz v. Universal Underwriters Insurance Co., 580 A.2d 395, 400 (Pa. Super. 1990), !illQ." denied, 527 Pa. 610, 590 A.2d 297 (1991); Carpitella v. Consolidated Rail COrD., 533 A.2d 762 (Pa. Super. 1987). In this case, Defendant, Steven B. Wolf, M.D., moves to amend shortly after the defense became available as a result of the PHICO Liquidation Order. The February 1, 2002 Liquidation Order started a stay, "to permit proper defense by" the Pennsylvania Property and Casualty Insurance Guaranty Association. 40 P.S. ~ 991.1819(a). Defendant cannot be required to file a motion during the stay. As a result, no delay can be attributed to Defendant, Steven B. Wolf, M.D. The Amended New Matter will plead two related defenses, the requirement to exhaust other insurance and the offset for recoveries under other insurance. 40 P.S. ~ 991.1817(a) provides: ~d:'___, "" o -', - ," ".'" - ,- C-~, '-" " , ,~~~,Y~.:: ,~,i _.'\::,:'-r'''_'~ ;J-,\.",;i-,i~' -;.ii-.~ "-' ,- .',,-:, ;,,'-' " ":~-,:~,,, r,"~,S :-'J,':'; :~:: ;:'~,::";j,',i;"~.~L'_,~ . ",; , -. > ;,:i,:;;~'j:_'J Any person having a claim under an insurance policy shall be required to exhaust first his right under such policy. For purposes of this section, a claim under an insurance policy shall include a claim under any kind of insurance, whether it is a first- party or a third-party claim, and shall include, without limitation, accident and health insurance, worker's compensation, Blue Cross and Blue Shield and all other coverages except for policies of an insolvent insurer. Anv amount pavable on a covered claim under this act shall be reduced bv the amount of any recovery under other insurance. (emphasis supplied). The definition of "exhaust" provides in pertinent part: The term, with respect to other insurance, means obtaining the maximum limit under the policy. 40 P.S. ~ 991.1802. This definition makes clear the strong legislative intent that policies of solvent insurance companies must pay as much as possible of any "covered claim." The exhaustion and offset defenses protect Defendant, the insureds of an insolvent insurer. If a plaintiff fails to exhaust other insurance, that plaintiff cannot recover a judgment against the insured of the insolvent insurer. Burke v. Vallev Lines. Inc., 617 A.2d 1335 (Pa. Super. 1992). The amount of an offset, not recoverable against the Pennsylvania Property and Casualty Insurance Guaranty Association, is also not recoverable from the insured of the insolvent insurer. Panea v. Isdaner, 773 A.2d 782 (Pa. Super. 2001), 2QQ. aranted sub nom. Bell v. Slezak, 782 A.2d 509 (Pa. 2001). Defendant should be permitted to plead these defenses, which may require action by plaintiff before trial. Pleading this new matter notifies plaintiff to exhaust any other insurance or be barred from recovery of a later verdict, as in Burke. If Plaintiff recovers under other insurance, the new matter notifies her of a reduction in the amount recoverable in this case. ",-~"',,-,,~-, - ,,~_,~ ..~'~, ,j,.<-, -;;.'^-<",'--- ,i; ,,~;^_~ ,_ --'"'"'" ,.. , -, 'c- " """-~'';mc''~c _^ . ;c ;..::.;;~~ IV. CONCLUSION For the above reasons, Defendant, Steven B. Wolf, M.D., respectfully submit that they should be permitted to plead newly available defenses. Respectfully submitted, McKissock & Hoffman, P.C. By ~~- Edwin A.D. Schw squire Attorney 10 No.: 75902 Michael B. Volk, Esquire Attorney 10 No.: 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: .?~-" z.. Attorneys for Defendant, Steven B. Wolf, M.D. ,;J _I.,- ,~,' ,- ~~"~'.- ,-', ~ ", .'-" '. "'0" C""" ","" .,,,,,,",,,'C,, ""''''"C'''''''".''.''", '""\';t',,,,,",,,c,,,,,,,, " '~'H-~!.-;,1!':i CERTIFICATE OF SERVICE 1 hereby certify that 1 am this day serving a copy of the foregoing Memorandum of Law in Support of Motion for Leave to Amend New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Terry S. Hyman, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 McKissock & Hoffman, P.C. BY:~ Edwin A.D. Schwartz, E Attorney ID No.: 75902 Michael B. Volk, Esquire Attorney ID No.: 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Steven B. Wolf, M.D. Dated: ~~?,.h. :::. ~~~' ~ ~~ _'_ l ~ . , JUN~2002 McKISSOCK & HOFFMAN, P.C. By: Edwin A.D. Schwartz, Esquire I.D. #75902 By: Michael B. Volk, Esquire J.D. #88553 2040 L1NGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 JEANINE GOODWIN, ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5140 CIVIL ACTION - LAW v. STEVEN B. WOLF, M.D., Defendant JURY TRIAL DEMANDED MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR LEAVE TO AMEND NEW MATTER I. HISTORY OF THE CASE Plaintiff alleges that Jeanine Goodwin sustained injuries and damages as a result of alleged negligence of Steven B. Wolf, M.D. Defendant, Steven B. Wolf, M.D., was insured under a policy issued by PHICO Insurance Company ("PHICO"). The Commonwealth Court of Pennsylvania entered an Order of Liquidation with a finding of insolvency against PHICO on February 1, 2002. as a result of the Liquidation Order, the provisions of 40 P.S. ~ 991.1917(a) apply to Plaintiff's claim. The Pennsylvania Property and Casualty Insurance Guaranty Association has assumed the defense of Defendant, Steven B. Wolf. M.D.. under the Pennsylvania Property and Casualty Insurance Guaranty Association Act, 40 P.S. ~~ 991.1801 et sea. The Pennsylvania Property - .~ -~ ~ - ~~ ...~ ~. ~""~!_~';-,HfNitT- , and Casualty Insurance Guaranty Association has asserted that any amount that may be payable by it on behalf of Defendant, Steven B. Wolf, M.D., is reduced by the amount of Plaintiffs recovery under other insurance. Defendant, Steven B. Wolf, M.D., now moves to amend the New Matter to plead defenses that arose after the filing of the original Answer, as a result of the Liquidation Order. These defenses are the requirement to exhaust all other insurance, and the reduction of any amount that may be payable by Defendant, Steven B. Wolf, M.D., by the amount of recovery under other insurance, to the same extent as the reduction of any amount payable by the Pennsylvania Property and Casualty Insurance Guaranty Association. See Exhibit "A". II. STATEMENT OF QUESTION INVOLVED Should Defendant, Steven B. Wolf, M.D., be permitted to amend the new matter to plead defenses arising as a result of an event, the PHICO Liquidation Order, that occurred after the filing of the original pleading? Suggested answer in the affirmative. III. ARGUMENT Pa.R.Civ.P. 1033 permits amendment to plead occurrences that happened after the original pleading. The Rule provides: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading >""-- ""< .. <,. , may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. Amendments are liberally allowed. Lateness is not grounds for denying leave to amend where the defense became available after the original pleadings were closed. The fact that an amendment may affect a plaintiff's case is not in itself a sufficient reason to deny the amendment. Capobianchi v. BIC Corp., 666 A.2d 344 (Pa. Super. 1995), ~ denied, 544 Pa. 599,674 A.2d 1065 (1996). (Defense of collateral estoppel may be raised by amended answer and new matter approximately three years after action filed, shortly before trial.) Amendment of new matter may be permitted even during trial. Pallal'lte v. City of Philadelphia, 133 Pa. Commw. 441, 575 A.2d 980 (1990). The party opposing amendment must establish more than undue delay to overcome the policy of liberal amendment. Horowitz v. Universal Underwriters Insurance Co., 580 A.2d 395, 400 (Pa. Super. 1990), ~ denied, 527 Pa. 610, 590 A.2d 297 (1991); Carpitella v. Consolidated Rail Corp., 533 A.2d 762 (Pa. Super. 1987). In this case, Defendant, Steven B. Wolf, M.D., moves to amend shortly after the defense became available as a result of the PHICO Liquidation Order. The February 1, 2002 Liquidation Order started a stay, "to permit proper defense by" the Pennsylvania Property and Casualty Insurance Guaranty Association. 40 P.S. ~ 991.1819(a). Defendant cannot be required to file a motion during the stay. As a result, no delay can be attributed to Defendant, Steven B. Wolf, M.D. The Amended New Matter will plead two related defenses, the requirement to exhaust other insurance and the offset for recoveries under other insurance. 40 P.S. ~ 991.1817(a) provides: c ~- 0" -<." ^'" ... Any person having a claim under an insurance policy shall be reauired to exhaust first his right under such policy. For purposes of this section, a claim under an insurance policy shall include a claim under any kind of insurance, whether it is a first- party or a third-party claim, and shall include, without limitation, accident and health insurance, worker's compensation, Blue Cross and Blue Shield and all other coverages except for policies of an insolvent insurer. Any amount payable on a covered claim under this act shall be reduced by the amount of any recovery under other insurance. (emphasis supplied). The definition of "exhaust" provides in pertinent part: The term, with respect to other insurance, means obtaining the maximum limit under the policy. 40 P.S. ~ 991.1802. This definition makes clear the strong legislative intent that policies of solvent insurance companies must pay as much as possible of any "covered claim." The exhaustion and offset defenses protect Defendant, the insureds of an insolvent insurer. If a plaintiff fails to exhaust other insurance, that plaintiff cannot recover a judgment against the insured of the insolvent insurer. Burke v. Vallev Lines. Inc., 617 A.2d 1335 (Pa. Super. 1992). The amount of an offset, not recoverable against the Pennsylvania Property and Casualty Insurance Guaranty Association, is also not recoverable from the insured of the insolvent insurer. Panea v. Isdaner, 773 A.2d 782 (Pa. Super. 2001), ID:!Q. aranted sub nom. Bell v. Slezak, 782 A.2d 509 (Pa. 2001). Defendant should be permitted to plead these defenses, which may require action by plaintiff before trial. Pleading this new matter notifies plaintiff to exhaust any other insurance or be barred from recovery of a later verdict, as in Burke. If Plaintiff recovers under other insurance, the new matter notifies her of a reduction in the amount recoverable in this case. - ~ - " "-~"^ .~. ""~~<..~ ~ =- ~ ~ , . - -. ~--"-i'~ .. IV. CONCLUSION For the above reasons, Defendant, Steven B. Wolf, M.D., respectfully submit that they should be permitted to plead newly available defenses. Respectfully submitted, McKissock & Hoffman, P.C. By ~J~- Edwin A.D. Schw squire Attorney ID No.: 75902 Michael B. Volk, Esquire Attorney ID No.: 88553 2040 linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: .~s.....-.;; z.. Attorneys for Defendant, Steven B. Wolf, M.D. ,,"~J~ _ ... " .~ ~.~ ,~-~.. - ~ ~-~> CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Memorandum of Law in Support of Motion for Leave to Amend New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Terry S. Hyman, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 McKissock & Hoffman, P.C. BY:~ Edwin A.D. Schwartz, E Attorney ID No.: 75902 Michael B. Volk, Esquire Attorney ID No.: 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Steven B. Wolf, M.D. Dated: s:;-??.h ,. c~~ -" '. ., - l1J:c- . McKISSOCK & HOFFMAN, P.C. By: Edwin A.D. Schwartz, Esquire I.D. #75902 By: Michael B. VOlk, Esquire I.D. #88553 2040 L1NGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 JEANINE GOODWIN, ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5140 CIVIL ACTION - LAW v. STEVEN B. WOLF, M.D., Defendant JURY TRIAL DEMANDED MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR LEAVE TO AMEND NEW MATTER I. HISTORY OF THE CASE Plaintiff alleges that Jeanine Goodwin sustained injuries and damages as a result of alleged negligence of Steven B. Wolf, M.D. Defendant, Steven B. Wolf, M.D., was insured under a policy issued by PHICO Insurance Company ("PHICO"). The Commonwealth Court of Pennsylvania entered an Order of Liquidation with a finding of insolvency against PHICO on February 1, 2002. as a result of the Liquidation Order, the provisions of 40 P .S. ~ 991.1917(a) apply to Plaintiffs claim. The Pennsylvania Property and Casualty Insurance Guaranty Association has assumed the defense of Defendant, Steven B. Wolf, M.D., under the Pennsylvania Property and Casualty Insurance Guaranty Association Act, 40 P.S. ~~ 991.1801 et sea. The Pennsylvania Property " ^" . ,- '" ~~ -~ and Casualty Insurance Guaranty Association has asserted that any amount that may be payable by it on behalf of Defendant, Steven B. Wolf, M.D., is reduced by the amount of Plaintiff's recovery under other insurance. Defendant, Steven B. Wolf, M.D., now moves to amend the New Matter to plead defenses that arose after the filing of the original Answer, as a result of the Liquidation Order. These defenses are the requirement to exhaust all other insurance, and the reduction of any amount that may be payable by Defendant, Steven B. Wolf, M.D., by the amount of recovery under other insurance, to the same extent as the reduction of any amount payable by the Pennsylvania Property and Casualty Insurance Guaranty Association. See Exhibit "A". II. STATEMENT OF QUESTION INVOLVED Should Defendant, Steven B. Wolf, M.D., be permitted to amend the new matter to plead defenses arising as a result of an event, the PHICO Liquidation Order, that occurred after the filing of the original pleading? Suggested answer in the affirmative. III. ARGUMENT Pa.R.Civ.P. 1033 permits amendment to plead occurrences that happened after the original pleading. The Rule provides: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading ""'~ - ~ ~"il~~"~ I, ~'Tlt~:....- ... may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. Amendments are liberally allowed. Lateness is not grounds for denying leave to amend where the defense became available after the original pleadings were closed. The fact that an amendment may affect a plaintiff's case is not in itself a sufficient reason to deny the amendment. Capobianchi v. BIC Corp., 666 A.2d 344 (Pa. Super. 1995), mm." denied, 544 Pa. 599,674 A.2d 1065 (1996). (Defense of collateral estoppel may be raised by amended answer and new matter approximately three years after action .filed, shortly before trial.) Amendment of new matter may be permitted even during trial. Pallante v. Citv of Philadelphia, 133 Pa. Commw. 441, 575 A.2d 980 (1990). The party opposing amendment must establish more than undue delay to overcome the policy of liberal amendment. Horowitz v. Universal Underwriters Insurance Co., 580 A.2d 395, 400 (Pa. Super. 1990), mm." denied, 527 Pa. 610, 590 A.2d 297 (1991); Carpitella v. Consolidated Rail Corp., 533 A.2d 762 (Pa. Super. 1987). In this case, Defendant, Steven B. Wolf, M.D., moves to amend shortly after the defense became available as a result of the PHICO Liquidation Order. The February 1, 2002 Liquidation Order started a stay, "to permit proper defense by" the Pennsylvania Property and Casualty Insurance Guaranty Association. 40 P.S. ~ 991.1819(a). Defendant cannot be required to file a motion during the stay. As a result, no delay can be attributed to Defendant, Steven B. Wolf, M.D. The Amended New Matter will plead two related defenses, the requirement to exhaust other insurance and the offset for recoveries under other insurance. 40 P.S. ~ 991.1817(a) provides: ~ ... ~ -- - Any person having a claim under an insurance policy shall be required to exhaust first his right under such policy. For purposes of this section, a claim under an insurance policy shall include a claim under any kind of insurance, whether it is a first- party or a third-party claim, and shall include, without limitation, accident and health insurance, worker's compensation, Blue Cross and Blue Shield and all other coverages except for policies of an insolvent insurer. Anv amount pavable on a covered claim under this act shall be reduced bv the amount of anv recoverY under other insurance. (emphasis supplied). The definition of "exhaust" provides in pertinent part: The term, with respect to other insurance, means obtaining the maximum limit under the policy. 40 P.S. ~ 991.1802. This definition makes clear the strong legislative intent that policies of solvent insurance companies must pay as much as possible of any "covered claim." The exhaustion and offset defenses protect Defendant, the insureds of an insolvent insurer. If a plaintiff fails to exhaust other insurance, that plaintiff cannot recover a judgment against the insured of the insolvent insurer. Burke v. Vallev Lines. Inc., 617 A.2d 1335 (Pa. Super. 1992). The amount of an offset, not recoverable against the Pennsylvania Property and Casualty Insurance Guaranty Association, is also not recoverable from the insured of the insolvent insurer. Panea v. Isdaner, 773 A.2d 782 (Pa. Super. 2001), ill2Q. aranted sub nom. Bell v. Slezak, 782 A.2d 509 (Pa. 2001). Defendant should be permitted to plead these defenses, which may require action by plaintiff before trial. Pleading this new matter notifies plaintiff to exhaust any other insurance or be barred from recovery of a later verdict. as in Burke. If Plaintiff recovers under other insurance, the new matter notifies her of a reduction in the amount recoverable in this case. ;,:;.-" <., :> IV. CONCLUSION For the above reasons, Defendant, Steven B. Wolf, M.D., respectfully submit that they should be permitted to plead newly available defenses. Respectfully submitted, McKissock & Hoffman, P.C. By: ~J:' ~ ~ Edwin A.D. SCh~qUire Attorney ID No.: 75902 Michael B. Volk, Esquire Attorney tD No.: 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: .~h<;~z.. Attorneys for Defendant, Steven B. Wolf, M.D. ,~~~--~-- o~ . ..~=- t" ill' CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Memorandum of Law in Support of Motion for Leave to Amend New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Terry S. Hyman, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 McKissock & Hoffman. P.C. BY:~ Edwin A.D. Schwartz, E Attorney ID No.: 75902 Michael B. Volk, Esquire Attorney ID No.: 88553 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, Steven B. Wolf, M.D. Dated: .et; ~;;,,,,,1. ~ ^.'~ .~ ~" . ' .~ -" :'9~ JEANINE GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-5140 CIVIL CIVIL ACTION - LAW STEVEN B. WOLF, M.D., Defendant JURY TRIAL DEMANDED IN RE: MOTION FOR LEAVE TO FILE AMENDED NEW MATTER ORDER AND NOW, this /0' day of June, 2002, a rule is issued on the p1aintiffto show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, ~ r\lEO"Off\CE O,\: -rc_'," \.lC1:"\I.\n.~('\1hf.l\l _ \_ \, ".0 ' ' ",_'" ,.)\ ~ ,J 1t'\I' l 02 J\.lil I 0 ~t\ II: 26 IGUI'N3ER\J\ND co\.ll'lf< ?€NNS'{LIJAN\A ,......~""'1IIl - ,,~,,",,-~..' ,_~~l.Jk"_ "' - ~-. - < , ~~ }1 <-; ';;:)' cj tJ J 1 " ~"",,~'fi ~~~I'! ~!\1':~", =~ '" ~,'! .,Ie "";'~-'- " ~"' ~ -,,-- - ~, ,~---_, ""'''''<~''''''''''''''''''M _"N"" C_''', "."'" <_,,; 1-"'~''-'', McKISSOCK & HOFFMAN, P .C. By: Edwin A.D. Schwartz, Esquire I.D. #75902 By: Michael B. Volk, Esquire I.D. #88553 2040 L1NGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 (717) 540-3400 JEANINE GOODWIN, ATTORNEYS FOR DEFENDANT STEVEN B. WOLF, M.D. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5140 v. STEVEN B. WOLF, M.D., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned matter as settled, satisfied and discontinued with prejudice. ANGINO & ROVNER, P.C. I " I an squire ttorne I . 36807 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff Date: '-' ~"-~ -. '"",.~'",,''''''-- ".~. "'"" _.. ~ . - ~ -- - ~" ,_'-c-',-,,", ". 'flillC" L' (') Cl 0 c: N 'n ;;;: (Il "1JOJ rn r~~~ mt:P, -0 .c.. ,.-"~ I '-oQ.! ZC :,':t~ ~~ W i-",) ,~'::4CJ !;2C :Po :"c=H J>r~. :x C)~.,.: ~(-"~i -;7("') t? F)f11 >c :::; ~ N 35 (.0.) -< " ll;\l'