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Home My WebLink About00-06240 '" .,';;'"- -, " '" -<~"_.~ '. -., n'.," :--"__-0," ",-,:_:;"ij":::,:",:",:':- _- -'Co, -_-,,~ i:.~', < ,- ., ~,' I. l.&.'- ,_ ~_ 'e_', _ "~ '~"-~;;',j AUG. 1 4 2003 \Y GEORGE SHIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v, : DOCKET NO, 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, : CNIL ACTION - LAW fl Defendants : JURY TRIAL DEMANDED A ORDER AND NOW, this~ day 0 , 2003, it is hereby ORDERED AND on~ /5 ,2003, at //;tJi) DECREED that a Status Conference will be he ~, in Chambers. BY THE COURT: J, ",,... ':.' ',' :~l).f~)~::Y~~:l~;[~'Yf.t\RY UI~ ".- "'~'I' lj,; 1.'l.,. I, ;:, ,.., ?: 32 U 1 ri -.'.. ,'-': 'vrv f'\ H\ir:.\i 'T i I''',: ~j."..h)l ~ I "-,,vlv,'..-......,..- PENNSYIS;\NiA I ~ '; ! ,-. ">, ,~ ,~, ,~ ".-- '.. . ~D-O'PCE F].L. c~"r. i(,I'I(JTAfW OF Tc;i- D,_,,,;>,), -, .' , . j ,~, \ . ,> 03 MlG 22 Pi'! 3: 1.,3 V" I'rrv Ef'\\pi.\, i LiJUi'"1 CUMp~N8YLVAN\A -"'~'~--'7'- '''_~'' ,. ,_~+_.. ,i"'.' .", ;,-.'"-~ .~ -- '. ,- .~~. - . '-"r""--""'~'-~"-'- ~.~~ .' ~, .'v,'__ cS '1 -{ hd '}J- , '" o ..; <'1 J.t_~~~lUlI, "J'~_,,_,_ ..'._ J]I.-' ;.- ~ . ~,--'<' <,,~~ '.'. > '~o '--", --,''-"' --, ;. ,,~ ~-'~;" '~',.-" '" ...:, "-" ~-i;,;i" :~ THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Identification No, 17784 By: Stephanie L. Hersperger, Esquire Identification No, 78735 305 North Front Street p, 0, Box 999 Harrisburg, P A 171 08 (717) 255-7239 Attorneys for Defendants GEORGE SHIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v, : DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, CNIL ACTION - LAW HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants : JURY TRIAL DEMANDED PETITION FOR STATUS CONFERENCE OF DEFENDANTS AND NOW come the Defendants, Helen Gold, DPM, Howard Zlotoff, DPM, and John Gilbert, DPM, and Zlotoff & Associates, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file the following Petition for a Status Conference, and in support thereof, aver as follows: 1. This medical malpractice ca;se was initiated by a Writ of Summons, and thereafter, a Complaint was filed on or about January 18, 2001. 2 The basis of the Complaint is that Defendants, podiatrists, allegedly failed to properly treat and care for Plaintiff Decedent's foot which subsequently lead to an infection and amputation of the foot. 3, On or about February 1, 2002, an Order of Liquidation was entered for Defendants' insurer, PHIeO, and the instant matter was stayed for a period of time. .'"- v~. ____- .--,',,'-- , ~--- , "-"y' ;j ,-: ......'~ i: Jj,- '-' ',-",-,",-,-,-. . ", "' ~ . ~-,:, f, , , 4. The stay was lifted on or about May I, 2002, 5. Thereafter, written discovery has been exchanged and answered by the parties, 6, This case has been proceeding very slowly, in part due to the PRICO stay. 7. Defendants wish to move this case to completion since it has been ongoing for almost three years, and thus, Defendants are requesting a status conference for the purpose of setting a discovery deadline, an expert report deadline and a trial date, 8, Counsel of record for Plaintiff is Robert Shimer, Esquire, 1225 West Leesport Road, Leesport, Pennsylvania 19533. Phone # (610) 926-4276. 9. Defendants are represented by Evan Black, Esquire, and Stephanie Hersperger, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, Harrisburg, Pennsylvania 1710L Phone # (717) 255-7239, WHEREFORE, Defendants, Helen Gold, DPM, Howard Zlotoff, DPM, and John Gilbert, DPM, and Zlotoff & Associates, respectfully request that the Court schedule a Status Conference to establish deadlines to move this case fOIWard to trial. THOMAS, THOMAS & HAFER, LLP DATE: r / ;,;2/03 By: Agj!J/n'!..(,; _~ fl/::,~~~ Evan Black, Esquire Stephanie L Hersperger, Esquire Attorneys for Defendants ."~,, '4' ,',' ",,' C"_',I__ II~ ;" L ROBERT W, SHIMER, Executor of the Estate of George W, Shimer, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. : DOCKET NO, 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, CNIL ACTION - LAW HOWARDZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ashleigh E. Oates, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Robert Shimer, Esquire 1225 Leesport Road Leesport, PA 19533 Dolo (\ II CYUAt ld- ~ ~ h /h Qafu> IJVV~ AsWeigh E, Oat , egal Secretary G;' .:'~". - ~.':.,- " ^'''"''~' " '<r -"~ ~'-~'"~~'~,,'.-. ';:....iiilli.I!.W ~.~I<'-, ,I,""',~ ..L:""';'"-- ~= ,~,~,' llii '" -J:' :, ~~~ ""llf'" - ~ VA' ~, "'-:"i 0 C'.:) 0 C C-J on :'S. """ :_:;:j "1;' l~:. - c:: '--"l ~j-: !i2 I (j'") f -'1fT! 2~ ~C"J \1'.: CO ). Go ~ -) -<,- "::1 0 r- -r, -'. ~;J ."n ~,- --, c5 ~~~. '" t-'.~ en ~:~ ~~, :)1 51 -< f',.j --< Iifi -'" " , ';- ';; .'" -- ~.~ -,,~ ",".... ~,--,' - ._~ "-:1 II II !i " PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritteu and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. GEORGE SHIMER Plaintiff v, ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT; DPM, Defendants No, 00-6240 Civil L State matter to be argued (i.e" plaintiff's motion for new trial, defendant's demurrer to complaint, etc,): Defendants' Preliminary Objections to Plaintiff's Complaint 2, Identify counsel who will argue case: (a) For Plaintiff: Address: Robert Shimer, Esquire c/o 1225 Leesport Road Leesport, PA 19533 (b) For Defendant Stephanie L. Hersperger, Esquire Address: 305 North Front Street p, 0, Box 999 Harrisburg, PA 17108 3. argument I will notify all parties in writing within two days that this case has been listed for 4. Argument Court Date: May 23, 2001 Dated: March 22, 2001 ~!/XJ; oL~ Stephanie L. Hersperger, Esquire Attorney for DefendantS .~ """'''' ~ ; ,..,;IJ,.,L~.J .. -."""",- . rn!!l!l!f .di ._-"",-,,,- ~" " '~l"" """-~..-""-~, ,',-"..-. " "- ;--, II. " 'C,__ ,',' ~, "", ',. -" ..,,",,',,".~'. "",, """,,,.""" ,~,"'..'" ~ """'-':! (') 0 0 c: " :-::'n ::f:: ,"0 c: ;,~'" 'I:pn' :~v . ""'- :::~I N 2~[~-' ~:~:: 0, !,::C..' -0 ~- ..-""(~\ -'~ ;S{'-1 1') >e /~ :J1 =<! ...! .. ".~~ ~ 'I '".'''''_,"", JAN .. 2 2 ON R,j. MARZELLA & ASSOCIATES, P.c. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court 1.0. No, 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiff, George Shimer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GEORGE SHIMER, DOCKET NO, 00-6240 Civil Term Plaintiff v, ZLOTOFF & ASSOCIATES; HELEN GOLD, D.P.M.; HOWARD ZLOTOFF, D,P,M, and JOHN GILFERT, D,P,M. Defendants : JURY TRIAL DEMANDED ORDER Upon consideration of the Plaintiff's Motion for Admissions Pro Hac Vice, it being duly moved by a member ofthe Bar ofthis Commonwealth, and there being no cause for denial of such a Motion, it is therefore this 3et of ~ ?f ,2001 ordered that Robert W, Shimer, Esquire is hereby admitted, Pro Hac Vice, specially to the Bar of this Commonwealth for all purposes reasonably necessary to the preparation and trial of the above-captioned case. ~ {\ -,,}J.P ~ \ (...Oy" O\-l.\~~c: ~K J. ~~ >~_.-.,!li."_,""""" --~~,., WI~'fIll~1!!I r-','-~ ,~ 8:\5 ('1 \ \~~:~ " v I ,",., ........ . ,.' .-'(-.' l'Y\cy ,.,\ j~, ;_':" !'_~: >''\.V VV\~,l" \.J\...d{'S:~I"I;;; 2YL'\!t\t\\f.\ \Jc..\h'\v .J" _~."".. n~ ,_~"-~'!'lff'-"'--1""ffi;~""'~'TWI'lf\m!ffil"'~~wmI"Ml~_,M!f~~"'l@U .1!IIII!l ,-, '=.~.~"~. . Iii ."~~,"" ~~1if.i R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D, No, 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiff, George Shimer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW GEORGE SHIMER, DOCKET NO. 00-6240 Civil Term Plaintiff v, ZLOTOFF & ASSOCIATES; HELEN GOLD, D,P.M" HOWARD ZLOTOFF, D,P,M, and JOHN GILFERT, D,P,M, Defendants : JURY TRIAL DEMANDED MOTION FOR ADMISSION PRO HAC VICE Plaintiff, George Shimer, by and through his attorney, RobinJ. Marzella, Esquire move this Honorable Court pursuant to Bar Association Rule 301 for an Order admitting Pro Hac Vice, Robert W. Shimer, Esquire for the purpose of participating in the above- captioned case, and in support ofthis Motion states: 1. Robert W, Shimer, Esquire is an attorney in good standing admitted to practice law in the State of Massachusetts, Attorney Identification Number 459120, and is qualified as a trial attorney to handle all phases ofthis litigation, 2, Peter J. Curry, Esquire, counsel for all Defendants has been contacted and has no objection to aforementioned Motion, ^ ~ "' .~-~ ,'"' >"'IIilr,~,;;-: WHEREfORE, the aforementioned Plaintiff moves for Pro Hac Vice admission of Robert W, Shimer, Esquire for purposes ofthis action, Respectfully submitted, Robert W. Shimer, Esquire 1225 Leesport Road Leesport, PA 19533 Dated: December 28, 2000 Ii - , .......1-~ ,. - ~~~~~,;, CERTIFICATE OF SERVICE I, Robin]. Marzella, Esquire, hereby certifY that true and correct copies of the foregoing Motion for Admission Pro Hac Vice was served upon all counsel of record this 2L day of December, 2000, by depositing said copies in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter]. Curry, Esquire Richard K. Laws, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor Post Office Box 999 Harrisburg, PA 17108-0999 (Attorneys for Defendants, Zlototf & Associates, Helen Cold, DPM, Howard Zlototf, DPM, and John CHfert, DPM) ~ ., -, ~ , "~"'--""'-'" ",- ",'~ ----, -<,-~, I -Hj - - THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Richard K. Laws, Esquire Identification No. 82369 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendants GEORGE SHIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v, : DOCKET NO, 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, : CIVIL ACTION - LAW HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service hereof or suffer ajudgment non pros, Respectfully.submitted, THOMAS, THOMAS & HAFER, LLP ---z. {(' ~ PETER 1. CURRY, ESQUIRE RICHARD K. LAWS, ESQUIRE Attorneys for Defendants . ~ ,,-, '0-' ~ ____ ~ -'A" ,. ,_ ,- - . '",' d_" , ,__ ~- .. c~~"'"_ '--'_'.__d-'<1", d. _-I"~-_-- _., 1"'1,,1-'"- -~','.'-"" ~." ,_".;,,';',~',~ ','. w,~/\ ;";,-;",.", "0", -t.1! , RULE TO FILE A COMPLAINT TO: George Shimer c/o Robin Marzella, Esquire 3513 North Front Street Harrisburg, P A 17110 A Rule is hereby issued to file a Complaint in the foregoing action within twenty (20) days after service hereof or sufferjudgment non pros, Date: 1- u, - (J() C~R~ Proilioootmy)1 ~ JkL 4, ~O ,; 1i :1 ,,,,,,,,,,,'... .~-'; .~,,~':'-L,~:, ,",-_..,,,ij -,,',c'f'_'_~'_'_,_~~_ ~","~~ "' ,- == ,~- - ~".. ,~ " .' ,'- '"''';;'~"jij'~'''''''/':' .",,' " ~ .~ - -~,,,,. ',,,!'-' -,,",.~,,'~ '~"d}~.. ' ''i' . ' ..- o c: <" ;:~ G:~ Zr~.: ._,.,::r.1 ,.,;'C ~0~> r:<.~. :<::C) 2?::C" "':'~6 S;; r~ ~ c:> o en r'1 -u .~- , ~ o -,"\ 1''' en --"< r ,:_;~p3 ':~~E9 (') .L ..::_-{C} ~J~ :B .-...;.'C) (srn ~ ~ -17 ~ Cf? :n ~ " "~ '" " .~ .,' ", , ".,-,"'~'- ,: c~_, ....':>_,~ ~_~ ,.c--' ,._C-,-", ,,:,;,..,..L~,..;^~;<,' --j;';-2, "',- '-'0-) THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Richard K. Laws, Esquire Identification No~ 82369 305 North Front 'Street P. o. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Dejendants GEORGE SHIMlER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : DOCKET NO, 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, : CIVIL ACTION - LAW HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of all of the Defendants in the above-captioned case, THOMAS, THOMAS & HAFER, LLP YJ~~~ PETER 1. CURRY. SQUIRE ---z.- {C""'-- RICHARD K. LAWS, ESQUIRE il~~"'J11! ~.iiiWi~::h- ,,,,,",-~, Ml.lil~- ~.. ",~,~~ --- _ ',_5, ,~ ,",'.0 d,_ ' "'~. ,~,~. " " "'C'~."'IiIIII-" ., ~ '- '"' n ,., (") c:> 0 c Cl -n ~ en -errl r'f1 :1) lTl iT" -0 i 2::(,1 I'J -,,!~~ ZC:_-, (f)",;c Vi ;~:y -<./. ",-,-,-, r.;C) -.c \" C. :i> (-'; ,,, g~ ;S;cS tf! )>c i~ z ':n ::5 ~ -< " ~"'~ - ..... Illliai "~Jb, ..'" SHERIFF'S RETURN - REGULAR l' CASE NO: 2000-06240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIMER GEORGE VS ZLOTOFF & ASSOCIATES ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ZLOTOFF & ASSOCIATES the DEFENDANT , at 0015:31 HOURS, on the 14th day of September, 2000 at 3600 TRINDLE ROAD CAMP HILL, PA 17011 by handing to MICHELE JONES a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 9,30 .00 10,00 ,00 37.30 rfle{:~~t:~ R, Thomas Kline . 09/15/2000 R, J. MARZELLA & ASSOCIATES Sworn and Subscribed to before me this /9 te day of 4;;:,J.......,. dZo-v-,) A,D, Qr, 0 )n"{;h-'~ P othonotary I ~"'_-u - - ~ -.. - _~W,Jj",L, ~ SHERIFF'S RETURN - REGULAR , CASE NO: 2000-06240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIMER GEORGE VS ZLOTOFF & ASSOCIATES ET AL CPL, MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GOLD HELEN D P M the DEFENDANT , at 0015:31 HOURS, on the 14th day of September, 2000 at 3600 TRINDLE ROAD CAMP HILL, PA 17011 by handing to MICHELE JONES (BILLING CO-ORDINATOR) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 ,00 ,00 10.00 ,00 16,00 So An;::~~l R, Thomas Kline Sworn and Subscribed to before 09/15/2000 R JB~Z~~~~ ~ Deputy heriff me this /1 ~ day of f;t;". VVO AD , t2. 7tt,ib_;;~ Prothonotary ~""""" ...,." , --"'01-",-. CASE NO: 2000-06240 P SHERIFF'S RETURN - REGULAR .. , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIMER GEORGE VS ZLOTOFF & ASSOCIATES ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS ZLOTOFF HOWARD D P M was served upon the DEFENDANT , at 0015:31 HOURS, on the 14th day of September, 2000 at 3600 TRINDLE ROAD CAMP HILL, PA 17011 MICHELE JONES (BILLING by handing to CO-ORDINATOR) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 ,00 ,00 10,00 .00 16,00 Sworn and Subscribed to before me this }It ~ day of ~~,.L^" ..2grl A,D, ~(~t~nc?ta;tL' ; ~ So Answers: r'~~1't:~! R, Thomas Kline 09/15/2000 R, J. MARZELLA & ASSOCIAe By: ~ ~ Deputy S eriff . """"-' ~r~ " ~~- ,,~, ~i.~'''' SHERIFF'S RETURN - REGULAR . CASE NO: 2000-06240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIMER GEORGE VS ZLOTOfF & ASSOCIATES ET AL CPL, MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GILFERT JOHN D P M the DEFENDANT , at 0015:31 HOURS, on the 14th day of September, 2000 at 3600 TRINDLE ROAD CAMP HILL, PA 17011 by handing to MICHELE JONES (BILLING CO-ORDINATOR) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 ,00 ,00 10,00 ,00 16,00 E:~u~~y R, omas Kl ~ne .. Sworn and Subscribed to before /L me this Jq - day of j,1IJ:r;~_<-LA. .:L&v-cJ A,D, ./ . Y-s"" . (}. 'lh_dil~. 'ry ~ Prothonota 09/15/2000 R. J. MAR"LLA & 'SSOC".TE: # By: /J'_./O~ ~ni~~ff "-- ~- . ~ ~ - _I "'<<' " , .........=~..Ilji"j~ '=Wk R. J. MARZELlA & ASSOCIATES, p,c. BY: Robinj, Marzella, Esquire Pennsylvania Supreme Court LD. No, 66856 3513 North Front Street Harrisburg, PA 1711 0 Telephone: (717) 234-7828 Facsimile: (717\ 234-6883 Attorneys for Plaintiff, George Shimer IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - lAW GEORGE SHIMER 414 AlIendale Way Camp Hill, PA 17011, : DOCKET NO, 00 - I..:J/JA e~l' ~ Plaintiff v, ZLOTOFF & ASSOCIATES 3600 Trindle Road Camp Hill, PA 17011 and HELEN GOLD, D.P.M, 3600 Trindle Road Camp Hill, PA 17011 and HOWARD ZLOTOFF, D,P.M, 3600 Trindle Road Camp Hill, PA 17011 and JOHN GILFERT, D,P.M. 3600 Trindle Road Camp Hill, PA 17011, Defendants : JURY TRIAL DEMANDED . PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: "~ ,,' , -~.; b' _" ~~~~ ~.". Please issue a Writ of Summons against the following Defendants and direct the Sheriff of Cumberland County to make service upon the Defendants at their last known addresses: ,~ i-. ZLOTOFF & ASSOCIATES 3600 Trindle Road Camp Hill, PA 17011 i..' , if' and HELEN GOLD, D,P.M, 3600 Trindle Road Camp Hill, PA 17011 and HOWARD ZLOTOFF, D,P,M, 3600 Trindle Road Camp Hill, PA 17011 and r i [;, r JOHN GOLFERT, D.P.M. 3600 Trindle Road Camp Hill, PA 17011 Respectfully requested, B: ---- By: Robert imer, squire Attorney Identification No, 459120 Dated: 9-1.2000 .- ',;.'.k' ~. '.. _,_'_ .', ',-. '~"l< " -'-~_" -""1'- '~''i." 'j; '< - .,," .",' ";< .,",..". ,-f',', ',- , ",' ,:..... " i},- ~; PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritteu aud submitted in duplicate) \" t( l-,... TO THE PROmONOTARY OF CUMBERLAND COUNTY: l' . v '(" ~i, ~i'i'; Please list the within matter for the next Argument Court. to; '( GEORGE SHIMER Plaintiff v, ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GlLFERT, DPM, Defendants No. 00-6240 Civil 1. State matter to be argued (i.e" plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs Complaint 2, Identify counsel who will argue case: (a) For Plaintiff: Address: Robert Shimer, Esquire c/o 1225 Leesport Road Leesport, PA 19533 (b) For Defendant Stephanie L Hersperger, Esquire Address: 305 North Front Street p, 0, Box 999 Harrisburg, PA 17108 3, argument. I will notify all parties in writing within two days that this case has been listed for 4. Argument Court Date: May 23, 2001 Dated: February 20, 2001 ~h(pl.li ~ ?-!~"'r- Steph . e L Hersperger, Esquire Attorney for Defendants >,'~"~ ,~-: > ,L ,,- ~,Ill~,." .,JTJ,-.~~[l!I-'l~"" ,.,,'- "",,' ".,-" ~llill!llll1ml _~ ~ O~.' ,~; _,'~,,,,, "-';--.c._.,~~,~",, '." . .,,'"".- - o s: 29.~~ :2:':C C;;L,', ~;:.~ :.c"'-'"" ~2 7" ..-.:3. -< .", ",'",""".,,- C:'~ 41 r'i Ci] I"">,) ."P~" .-,.-'j :.,) ':::> ,,0 1m - ~ .~ _" H "'_~" _~"'.'''' -,- ,~, _ """"...",-<-~ <-,.,~,.- "''''''''''o.""'''O'~'0''' ..'1 , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE W. SHIMER, Plaintiff CIVIL ACTION - LAW v, DOCKET NO, 00-6240 HELEN GOLD, D.P.M., HOWARD ZLOTOFF, D.P.M., JOHN GILFERT, D.P.M. and ZLOTOFF & ASSOCIATES, Defendants JURY TRIAL DEMANDED COMPLAINT I , Plaintiff George W, Shimer is an adult individual and at all relevant times resided in Camp Hill, Cumberland County, Pennsylvania, 2, At all relevant times herein Defendant Helen Gold, D,P.M. (hereinafter "Defendant Gold"), Defendant Howard Zlotoff, D,P.M, (hereinafter "Defendant Zlotoff"), and Defendant John Gilfert, D,P,M, (hereinafter "Defendant Gilfert") were all podiatrists licensed to practice podiatry in the Commonwealth of Pennsylvania and were all engaged in the practice of podiatry in Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Zlotoff & Associates (hereinafter "Defendant Associates") is an unincorporated business association, or, in the alternative, a partnership, or, in the alternative, a corporation with offices in Camp Hill, Cumberland County, Pennsylvania. 4, At all relevant times herein, Defendant Gold, Defendant Zlotoff and Defendant Gilfert were agents, and apparent agents of each other and agents, apparent agents, servants, employees and/or partners of Defendant Associates and were acting within the scope of their authority and/or employment when providing professional podiatry and medical services to George W, Shimer. 5, In March of 1988, George W, Shimer became a patient of Defendant Zlotoff and/or Defendant .-. ~. n . _,__ ,~,_. =.. ~~_< n= , " """,-,."", Associates, 6, Defendant Zlotoffs and/or Defendant Associates' registration history indicates that George W, Shimer sought out Defendant Zlotoff and/or his associate W, Robert Wolp and/or Defendant Associates as the result of solicitation via a yellow page ad, seeking relief from pain caused by a sore corn or other abnormality on the bottom of his right foot. 7, Other than constant complaints about soreness on the bottom of his right foot, at the time that Mr. Shimer sought out the assistance and care of Defendant Zlotoff and/or Defendant Associates and/or W. Robert W olp, Mr, Shimer lead a healthy, happy and generally active lifestyle, playing golf 3 times a week. 8, Mr. Shimer thereafter became a regular patient of Defendant Zlotoff and/or Defendant Associates and/or W, Robert Wolp, returning to Defendants' office twice in the fall of 1989 seeking further relief from pain in his right foot. 9. Mr. Shimer was apparently seen periodically during the next several years by all of the Defendants primarily for relief of continuing pain in his right foot caused by a corn or other abnormality on the bottom of his right foot but also to have his toe nails periodically cut. 10, As early as April of 1992 Defendant Gilfert developed concerns regarding the possibility of infection to Mr. Shimer's right foot, which concerns are reflected in the pertinent progress notes, II, Throughout 1992, Mr. Shimer visited Defendants' office on at least four separate occasions, continuing to complain of pain in his right foot and seeking out the professional services of Defendants and trusting Defendants to provide reasonable and appropriate treatment and relief, 12, In October of that year during Mr, Shimer's last visit in 1992 Defendant Zlotoff and/or one of the other Defendants and/or another podiatrist working with Defendants examined Mr. Shimer's right foot, debrided the offending corn/abnormality on the bottom of Mr. Shimer's right foot and expressed concern at that time in Mr, Shimer's progress report about the possibility of infection and warned Mr, Shimer to keep water away from his right foot for 3 days "to reduce (the) chance of any infection," 2 "~ , ~ ,- ,,' , '" ' -__,,, .";'~'i:x-~,--;-.<,~,,,,",,, ><,'rr"_p" '-',,"',','".,~,,^\ 13, During 1993 Mr. Shimer made I 0 separate visits to the offices of defendant Zlotoff and the other defendants, complaining of continued pain and seeking further treatment and relief, 14. During his second visit ofthat year on June 17", Mr. Shimer's Progress report indicates that Defendant Zlotoff and/or another of the named Defendants advised the Plaintiff regarding the use of alcohol in apparent awareness of the possibility of infection and also prescribed bacitracin to control a possible infection, 15, Mr. Shimer visited the office of Defendants eight times during 1994 continuing to seek relief from foot pain and for other foot symptoms and problems, 16, During a visit on April 18, 1995, Defendant Gilfert examined Mr. Shimer and noted the presence of an abscess for which he prescribed an antibiotic, 17, In mid September of 1995, Defendant Zloto~f and/or another Defendant debrided Mr. Shimer's right foot to a "pink base", applied a sterile dressing and prescribed "no water" apparently to avoid or minimize the chance of infection, 18, Mr. Shimer's progress report shows that during early 1996 Defendant Gold became primarily responsible for treating Mr, Shimer and examined and treated Mr, Shimer approximately 7 times during that year and approximately 7 times the following year in 1997. 19, In June of 1998, Defendant Gold was made aware that Mr. Shimer was now on the blood anti clotting drug Comedian (sodium wayfaring) because of blood clots he had developed in his left leg for which he was hospitalized in March of that year, 20, By June, 1998 Defendant Gold either knew or should have known that diabetes existed in Mr, Shimer's family medical history if any sort of reasonable medical history was ever attempted or collected at any time during Mr, Shimer's relationship with the Defendants, 21, By June, 1998 Defendant Gold, Defendant Zlotoff and Defendant Gilfert either knew or should have known that Mr, Shimer, himself, had been secondarily diagnosed with diabetes mellitus in April of 1998 3 ~..~~" . ~~ -~-- "",. by his family physicians and for the further reason that references to this condition by his family physician Dr. Rich and/or Theresa Brick appear as early as 1995 in Mr. Shimer's medical records. 22, By June of 1998 Defendant Gold, Defendant Zlotoff and Defendant Gilfert either knew or should have known that Mr. Shimer had been taking the medication Amyl for several years as treatment for a his adult onset diabetes, 23. Defendant Gold, Defendant Zlotoff and Defendant Gilfert either knew or should have known in June of 1998 and at all times thereafter that the taking of the drug Coumadin (sodium wayfarin) increases the risk of developing an infection in the event there is a tear in the skin surface. 24, Medical practitioners generally and Defendants Gold, Zlotoff and Gilfert should have had heightened concerns about the possibility of infection in Mr, Shimer because of his Coumadin intake and his history of diabetes, 25, In June of 1998 and thereafter Defendant Gold, Defendant Zlotoff and Defendant Gilfert either knew or should have known that any form of diabetes can have a negative affect on blood circulation especially to the lower extremities, increasing the risk of the development and progression of an infection. 26, Careful medical practitioners exercising reasonable and appropriate care should generally become more concerned about the possibility of infection in the extremities of such patients because it is more difficult for cuts or open wounds on the extremities of such patients to properly heal. 27, Because Defendant Gold had treated Mr. Shimer for over 2 Y, years by June of 1998, she knew or should have known that the reason Mr, Shimer came regularly to her office, in addition to the continued pain in his right foot, was to have his toe nails cut because he was not able to reach his feet and adequately inspect for any abnormalities and to perform such tasks himself. 28, By June of 1998 Defendant Gold also knew or should have known that a primary reason Mr, Shimer came to her to have his toe nails cut was because he could not bend over very far by reason of his age and the fact that he had an artificial left hip replacement, 4 - ~>,-.~~ ~,,"-, <'"'",.,^~~-" - __, ""'.> ,.n",,_"'.""'''''''','' 0' ~; , \; 29, On June 16, 1998 and before and thereafter Defendant Gold also knew or should have known, ::., , I (and, by reason of having provided podiatry care to Mr, Shimer since 1988 Defendant Zlotoff and Defendant Gilfert also knew or should have known) that by reason of his artificial hip and his age it was physically impossible for Mr. Shimer to cut his own toe nails or provide care to his feet. 30, On or before June of 16, 1998 and thereafter Defendant Gold also knew or should have also t: known, (and, by reason of having provided podiatry care to Mr, Shimer since 1988 Defendant Zlotoff and Defendant Gilfert also knew or should have known) that by reason of his artificial hip and his age it was physically impossible for Mr. Shimer to even see or reach the bottom of his right foot for the purpose of treating any infection that might arise as the result of the continued and reckless debriding of the corn/abnormality on the bottom of Mr. Shimer's right foot on or before June 16, 1998 or thereafter by Defendant Gold, 31. Defendant Gold saw Mr, Shimer again on September 15, 1998 at a regularly scheduled I I I, h !; I appointment and noted on Mr, Shimer's progress report for that visit "no changes since last visit". 32, Again, Defendant Gold rigorously debrided the area on the bottom ofMr, Shimer's foot, leaving an open portal for the development of an infection. 33, The wound was not covered nor were antibiotics applied, 34, Mr. Shimer was not prescribed propholactic antibiotics to ward off an infection. 35, He was simply discharged with instructions to return in three months for his regularly scheduled appointment. 36, Mr. Shimer spent the week end of November 7th and 8th packing for a Caribbean cruise he was planning to take with his son Robert on Friday, November 13, 1998, 37, Mr, Shimer and his son Robert spoke briefly by telephone during the week end of November 7th and 8th about the upcoming week long cruise scheduled to begin on Friday November 13th and during that telephone conversation, Mr, Shimer mentioned to his son that he was having unusual pain in his foot. 5 . '--',., ., .-"" ,. ". ',.,....""""..".",~.'--~, , ,--",,", ." -"""-.-~ "."" . ~.-...' ,-...~.,~..~ , 38, Mr, Shimer called Defendants' office on either Monday, November 9th or Tuesday November 10th to make an appointment to see Defendant Gold on Tuesday, November lOth, 39, Mr. Shimer arrived at Defendant Gold's office on Tuesday, November lOth and upon examination of Mr. Shimer's right foot by Defendant Gold, an infection of a very serious nature was discovered, 40, Defendant Gold's notation on Mr. Shimer's progress report for Tuesday, November 10, 1998 indicates that a "foul odor" emanated from and "brown drainage" were apparent on the bottom of Mr. Shimer's right foot. 41. X-rays were taken by Defendant Gold and gas was discovered in the soft tissue ofMr. Shimer's right foot. 42, Defendant Gold diagnosed a "foot infection with gas gangrene" and noted correctly that "this is an emergency", 43. The oft1ce ofMr, Shimer's family physician Dr, James Rich was called by Defendant Gold and Defendant Gold spoke to Dr, Theresa Burick, D.O, a physician practicing medicine at that office who requested an opportunity to "evaluate" Mr. Shimer. 44, Mr, Shimer was transported to Holy Spirit Hospital by ambulance on Tuesday, November lOth at the consensus of Defendant Gold and Dr. Burick. 45. Mr. Shimer was admitted to Holy Spirit Hospital, Camp Hill that same day at 1: 45 PM, 46. Defendant Gold inexplicably later billed Medicare not only for the x-ray but also for an additional charge of$230,00 for an alleged "debide tissue/muscle" which Plaintiff does not remember that she ever performed and which, if she did perform, was reckless and negligent and grossly negligent in light of the serious nature of the infection and Defendant Gold's ability and training to treat such an extreme condition, 47, On Tuesday, November 10th, Mr, Shimer's son Robert retumedhome from an errand and found a voice mail message on his home telephone from Dr, Burick. 6 "~'~'~.. _. ., ,--, '" '''~ '. ." h "".."-_,"-M-"01.",,,-'~"'''''''''').~' "_"~_""O~ -, ;1r 48, Ms, Boock's unexpected and alarming voice mail messagetoMr.Shimer.s son Robert was that Mr. Shimer had been admitted to Holy Spirit Hospital that same day for a serious infection in his right foot. 49. Mr. Shimer's son Robert spoke by telephone to Dr, Barick and to a surgeon that same day and became very alarmed when he was told that several toes on his father's right foot might have to be amputated, 50, Robert visited his father in the hospital the evening of Tuesday, November lOth but was not offered an opportunity to actually see his father's right foot at that time and to view the actual extent of the infection for himself, 51, Hospital Medical records show that Mr. Shimer's infection was clearly spreading dangerously and rapidly. 52, The Department of Radiology and Diagnostic Imaging at Holy Spirit Hospital examined Mr. Shimer shortly after his admission on November 10th, 53. An exam dictated at 4:25 pm on November lOth describes a gas forming soft tissue infection and describes, among other observations, a "moderate degenerative change, , , present about the base of the first metatarsal. " 54, An examination of Mr, Shimer by the same Department the following day, Wednesday November II th noted that in a comparison ofthe previous day's x-rays, ''there is a markedly increased perfusion of the entire right foot." 55, That same examination on November II th by the Department of Radiology and Diagnostic Imaging noted that "delayed scans show increased uptake at the metatarsal-tarsal articulation where there are degenerative changes on the x-ray," 56, Robert explained to his father on the evening of November 10th during his visit (based solely on a conversation with Mr. Shimer's doctors) how serious the condition was and Mr. Shimer agreed to allow a surgeon to operate, 7 ..-,,,~".,~-,. "- "~',~';-'_' ,,_, "~, .'C.,',>. 57, The morning following his son's visit, Mr, Shimer executed a written consent form authorizing Dr, Ronald Barsanti to perform a wide radical debridement ofMr, Shimer's right foot and amputation as necessary of what were now evidently necrotic toes, 58. . Surgery was initially scheduled for the morning of Wednesday, November 11 th but because Mr, Shimer was taking Coumadin, it was decided by his surgeon to wait a day and take Mr, Shimer off that medication before surgery, 59, Robert and his wife Alison began immediately searching for a medical facility with a hyperbaric chamber on Wednesday morning because Alison had heard that treatment of infected limbs with pressurized oxygen can sometimes reduce the spread of infection and give antibiotics a chance to begin working. 60, Hershey Medical Center informed Robert such a hyperbaric chamber existed at the location of its affiliate, Geisinger Medical Facility in Danville, P A. 6 L Arrangements were quickly made on Wednesday, November 11 th to immediately transport Mr. Shimer by ambulance from Holy Spirit Hospital in Camp Hill to the Geisinger Medical facility in Danville, P A. 62. Hospital records at PennState Geisinger in Danville, P A show that Mr, Shimer was admitted on Wednesday, November 11th at 6:15 p,m, 63, Mr. Shimer's son Robert called his brother Stephen on the morning of November II th and Stephen flew into Harrisburg International Airport where he was met by both Robert and Alison and the three drove that evening up to the Penn State Geisinger Medical facility located in Danville, P A. 64, Upon arrival at Geisinger, the attending residerit physician Dr. John Henry advised both Robert and Stephen that Mr, Shimer's condition was now possibly life threatening and that exploratory surgery would begin immediately that evening, 65, Robert asked Dr. Henry about the preference of Mr. Shimer's doctors to wait until Thursday before operating because of the fact Mr, Shimer was taking Coumadin, 8 66, Dr, Henry dismissed the possibility of any further delay and expressed the opinion that if surgery was not performed immediately that night, Mr, Shimer might not live until morning, 67, Dr. Henry offered to show Robert, Stephen and Alison Mr. Shimer's right foot prior to surgery, 68, Mr, Shimer appeared clearly delirious, and looked very shaken and weak to both Robert, Stephen and Alison. 69, Robert, Stephen and Alison were all given an opportunity by Dr. Henry to examine Mr, Shimer's right foot and to see for themselves its actual condition, 70, The Mr. Shimer's entire foot was clearly swollen and several toes appeared to be almost black, 71. Both Robert, Stephen and Alison were also given an opportunity to view the bottom ofMr. Shimer's foot. 72, Robert, Stephen and Alison were shocked to see that a hole a little larger than a dime but smaller than a nickel had been "chiseled" into the bottom of the middle of Mr. Shimer's right foot. 73, The hole did not appear to be a new incision but clearly appeared to be the result of constant, repeated cutting over an extended period oftime. 74, The hole appeared to be more than a quarter of an inch deep into the flesh and the outside edge of the hole had nwnerous little cut marks which formed the shape of a circle, 75, The cut marks surrounding the hole gave the appearance of being repeatedly cut with a small sharp knife. 76, Dr. Henry stated in response to a question from Robert that the hole in the bottom ofMr, Shimer's foot was clearly the cause and source of the infection, 77. Dr. Henry called Robert, Alison and Stephen several times from the operating room to a room where they waited as the exploratory surgery progressed because Robert had specifically requested that Dr, Henry save as much as possible of his father's foot. 9 ~~ .-~.~'"'~ ~<, ---~- ~'-' ""'""'-t:I1::~ " 78, Because of the extensive nature of the infection and the rate at which it was spreading, Dr. Henry finally recommended on the phone to Robert that Mr. Shimer's leg be amputated just below the knee in order to be sure that the amputation occurred in healthy flesh and to avoid the possibility of the need for a later second operation if all infected flesh was not cleanly removed the first time. 79, Mr, Shimer appeared to be in psychological shock when he learned the extent of his amputation on Thursday morning, November 12th, the day before he was scheduled to leave on a Caribbean cruise with his son Robert, 80, Mr. Shimer remained at the Geisinger Medical Facility until November 27, 1998 when he was discharged and transferred by car to Health South Rehabilitation Hospital in Reading, P A. 81, Mr. Shimer remained at Health South until approximately mid January when he finally returned to his home after extensive renovations were performed to extend the existing downstairs bathroom and to convert a portion of his laundry room into a shower area, 82, Defendant Gold, Defendant Zlotoff and Defendant Gilfert and Defendant Associates are jointly and severally liable for the injuries and damages as set forth herein, 83, Plaintiff George Shimer has incurred more than $15,000,00 in out of pocket expenses to renovate his home as a direct and proximate result of the Defendants' negligence, gross negligence and reckless indifference and a claim is made for full and complete reimbursement for all costs associated with the renovation of his house to accommodate his current disable condition, 84, Prior to his amputation which was the direct and proximate result of the Defendants' negligence, gross negligence and reckless indifference, Plaintiff George W, Shimer enjoyed a self sufficient and active lifestyle which is now no longer possible for him and a claim is made therefore, 85. As a direct and proximate result of the negligence, gross negligence, and/or reckless indifference of the Defendants, Plaintiff George W, Shimer is now confmed to a wheel chair for a majority of 10 ,,~ ,-,-,~ "- . -~> " ~",-,,_ '_'~'",,'. ~oc".-",-~,,'" ,_'-," "C '_'C. "",,~,~' "-""'-,' the time each day except for short periods of time when he struggles to walk with a walker, despite extensive physical and occupational therapy and a claim is made therefore, 86, As a direct and proximate result of the negligence, gross negligence, and/or reckless indifference of the Defendants, Plaintiff George Shimer must now pay for 24 hour a day "live in" assistance to perform all basic housekeeping chores which he previously did proudly for himself and a claim is made therefore, 87, As a direct and proximate result of the negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer is unable to engage in many of his previous recreational activities and a claim is made therefor, 88, As a direct and proximate result of the negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer has suffered an irreversible change in the quality of his life and a claim is made therefore, 89, As a direct and proximate result of the negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer is currently physically disabled/handicapped and will remain so for the rest of his life and a claim is made therefore. 90, As a direct and proximate result ofthe negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer has undergone great mental and physical pain and suffering and continues to undergo great mental suffering and anguish and a significant and substantial loss of life's simple pleasures each and every day and a claim is made therefore, 91, As a direct and proximate result of the negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer has been and will be subject to great humiliation, embarrassment, anxiety, depression and disfigurement and a claim is made therefore. 92, As a direct and proximate result ofthe negligence, gross negligence and/or reckless indifference of the Defendants, Plaintiff George Shimer has incurred and in the future will incur liability for medical II .~ ' ~ '"~- ~- , ~ "~"':4 treatment, hospitalizations and miscellaneous expenses in an effort to restore himself to health and as a result a claim is made therefore, 93. Plaintiff has been advised and therefore avers that the aforesaid injuries and damages are permanent and a claim is made therefore, 94, Due to the egregious nature of the conduct in question on the part of the Defendants, Plaintiff is making a claim for punitive damages in addition to any and all claim he has for compensatory damages. 95, length. COUNT I GEORGE W. SHIMER v. HELEN GOLD. D.P.M, Paragraphs 1 through 94 of this Complaint are incorporated herein by reference as if set forth at 96, Defendant Helen Gold, D,P .M. is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by her negligence, gross negligence and reckless indifference with respect to George W, Shimer by: ( a) Failing to properly treat and monitor Mr, Shimer's condition when Mr, Shimer came under her care, (b) Failing to recommend, order, or prescribe prophylactic antibiotic therapy following any incision made by her into the right foot of Mr. Shimer on or before June 16, 1998 and on or about September 15, 1998 for the purpose of debriding or cutting or removing a com or other abnormality on the bottom of Mr, Shimer's foot. (c) Failing to recognize the clear and present danger posed to Plaintiff by her total lack of close continual follow up so necessary for a diabetic patient on Coumadin following any incision made by her into the foot of Mr. Shimer on or before June 16, 1998 and thereafter. 12 " ~ ,,' . ,,~ ~,." . -,. ~.- ~"#o_____ 'h'~'<1 ;"'1 (d) Failing to provide and insist upon close continual follow up after making an incision into the foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer was a diabetic now taking Coumadin, (e) Failing to recognize the clear and present danger posed to Plaintiff by reason of her total failure to prescribe necessary and proper antibiotic therapy following any following any incision made by her into the right foot ofMr, Shimer on or before June 16, 1998 and thereafter, (t) Failing to recognize the clear and present danger posed to Plaintiff by reason of her total failure to prescribe necessary and proper antibiotic therapy with close continuous follow up after making any incision into the right foot ofMr, Shimer on or before June 16, 1998 and thereafter knowing full well that Mr, Shimer would not be able to self treat any subsequent infection because he could not reach or see the bottom of his feet by reason of both his hip replacement and his age, (g) Failing to actually prescribe necessary and proper antibiotic therapy and to then provide close necessary continuous follow up after making an incision into the bottom of the right foot ofMr, Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection ifhe could not reach or see the bottom of his feet by reason of both his previous hip replacement, his age and the fact that he lived alone, (h) Failing to recognize the clear and present danger posed to Plaintiff by reason of the fact that she knew or should have known that any incision into the bottom of Plaintiffs right foot which broke the skin and penetrated the flesh would be sore and painful and that some residual pain as a result of the incision itself and the continuous chronic pain Plaintiff experienced in the foot before any treatment began in 1988 might hide or mask a possible infection in its early stages, (i) Failing to recognize that Plaintiffs age, the fact that he lived alone, the fact that he was a diabetic, the fact that he was on Coumadin and the fact that he could not bend over far enough 13 I. . , '-'"1 to reach or self treat the incision made by Defendant on the bottom of Plaintiff s right foot and thereafter which broke the skin and penetrated the flesh all created a highly dangerous situation wherein it was not only likely but highly probable that Plaintiffs foot would eventually become infected, (j) Failing to consider the importance of informing Plaintiff or his immediate family of the fact that significant incision(s) had been made on the bottom of Plaintiff s foot in the course of attempted treatment and that such incision(s) presented a clear and present danger of infection if not properly treated and watched closely until the incision was able to heal. (k) Failing to advise Plaintiff that a significant incision had been made on the bottom of his foot on or before June 16, 1998 and thereafter and that the entire area surrounding the incision should be kept clean and protected at all times until it had a chance to heal. (I) Failing to recognize that Mr, Shimer was at an increased risk for developing an infection and I " , implementing the appropriate precautionary measures to prevent the same, including prescribing antibiotics and the utilization of sterile dressings, (m) surgically debriding the foot of a known diabetic when not medically necessary or indicated, (n) improperly and inappropriately debriding the foot of a known diabetic so as to permit the development of an infection and the degeneration of tissue, (0) Failing to consult with a diabetic specialist at any time during the course of treatment of Mr. Shimer. (P) Failing to refer Mr, Shimer to a specialist for treatment of his foot at any time before November 10, 1998, 97, Defendant Helen Gold is liable to the Plaintiff for both compensatory and punitive damages for the injuries as set forth in paragraphs 83 through 94 above, which are incorporated herein by reference as if set forth at length. 14 l:1li.: WHEREFORE, Plaintiff George W, Shimer demands judgment against Defendant Helen Gold, D,P,M, for both compensatory and punitive damages in an amount in excess of $35,000.00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, COUNT IT GEORGE W. SHIMER v. HELEN GOLD. D.P.M, (Informed Consent) 98. Paragraphs I through 94 and Count I of this Complaint are incorporated herein by reference as if set forth at length. 99, Defendant Helen Gold, D.P,M, is liable to the Plaintiff George W, Shimerfor battery in the form of her intentionally inflicting harmful and offensive bodily contact on George W, Shimer by: (a) Realizing that the proposed procedure of making a deep and invasive incision either during one visit or over a period oftime into the bottom of Plaintiffs right foot would result in offensive bodily contact with Mr, Shimer; (b) Knowingly performing the proposed invasive procedure on Mr. Shimer without his informed consent; (c) Causing permanent and substantial injury to Mr. Shimer as a result of the non-consensual and unnecessary and ill advised procedure of cutting a deep incision that had little or no chance to heal given the totality of the circumstances of the Plaintiff; (d) Failing to obtain Mr, Shimer's informed consent to the proposed procedure; ( e) Failing to inform Mr, Shimer fully and properly as to the nature and the extent to which the incision broke the flesh and cut into the flesh of the bottom of his foot; 15 --"'---~-';", "'.'"-1-: (f) Failing to inform Mr. Shimer fully and properly of the material risks, possible consequences and alternatives to the proposed invasive procedure; (g) Failing to inform Mr. Shimer of the possible physical, emotional and psychological consequences if an infection were to occur; (h) Failing to disclose to Mr, Shimer all information material to a decision to cut a deep incision into the bottom of his right foot to remove whatever it was that was a continuing source of right foot pain. 100, Plaintiff George W, Shimer would not have submitted to the aforementioned invasive procedure on or before June 16, 1998 and thereafter if he had known of the undisclosed information, misinformation, risks, consequences, side effects and alternatives to the proposed procedure of creating a deep incision in the bottom of his right foot. 101. As a result, Plaintiff George W, Shimer sustained injuries and damages as set forth in paragraphs 83 to 94 above which are incorporated by reference as if set forth at length, WHEREFORE, Plaintiff George W, Shimer demands judgment against Defendant Helen Gold, D,P .M. for compensatory and punitive damages in an amount in excess of $35,000.00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT m GEORGE W. SHIMER v. HOWARD ZLOTOFF. D.P.M 102, Paragraphs I through 94 of this Complaint are incorporated herein by reference as if set forth at length, 103, Defendant Howard Zlotoff, D,P,M, is liable to the Plaintifffor the injuries and damages alleged herein which were directly and proximately caused by his negligence, gross negligence and reckless indifference with respect to George W. Shimer by: 16 ="~-,<~ .-. -"., .~.,'" '"" - .".,-." ".,. (a) Failing to properly treat and monitor Mr. Shimer's condition when Mr, Shimer came under his care. (b) Failing to recommend, order, or prescribe prophylactic antibiotic therapy following any incision made by him into the right foot of Mr. Shimer on or before June 16, 1998 and on or about September 15, 1998 for the purpose of debriding or cutting or removing a corn or other abnormality on the bottom of Mr, Shimer's foot. (c) Failing to recognize the clear and present danger posed to Plaintiff by her total lack of close continual follow up so necessary for a diabetic patient on Coumadin following any incision made by him into the foot ofMr, Shimer on or before June 16, 1998 and thereafter, (d) Failing to provide and insist upon close continual follow up after making an incision into the foot ofMr, Shimer on or before June 16, 1998 and thereafter knowing full well that Mr, Shimer was a diabetic now taking Coumadin. (e) Failing to recognize the clear and present danger posed to Plaintiff by reason of her total failure to prescribe necessary and proper antibiotic therapy following any following any incision made by him into the right foot of Mr, Shimer on or before June 16, 1998 and thereafter, (f) Failing to recognize the clear and present danger posed to Plaintiff by reason of his total failure to prescribe necessary and proper antibiotic therapy with close continuous follow up after making any incision into the right foot ofMr, Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection because he could not reach or see the bottom of his feet by reason of both his hip replacement and his age, (g) Failing to actually prescribe necessary and proper antibiotic therapy and to then provide close necessary continuous follow up after making an incision into the bottom of the right foot ofMr, Shimer on or before June 16, 1998 and thereafter knowing full well that Mr, Shimer would not 17 - - .~ ,~ -' '. - ""~K _ ~~ . __'" _,^,""_ -",,__,", --",",-C~'"...-""- ~ --~- '_"~~'d~' ,,;v. __~ ",,",-y, be able to self treat any subsequent infection ifhe could not reach or see the bottom of his feet by reason of both his previous hip replacement, his age and the fact that he lived alone, (h) Failing to recognize the clear and present danger posed to Plaintiff by reason of the fact that he knew or should have known that any incision into the bottom of Plaintiff's right foot which broke the skin and penetrated the flesh would be sore and painful and that some residual pain as a result of the incision itself and the continuous chronic pain Plaintiff experienced in the foot before any treatment began in 1988 might hide or mask a possible infection in its early stages. (i) Failing to recognize that Plaintiffs age, the fact that he lived alone, the fact that he was a diabetic, the fact that he was on Coumadin and the fact that he could not bend over far enough to reach or self treat the incision made by Defendant on the bottom of Plaintiffs right foot and thereafter which broke the skin and penetrated the flesh all created a highly dangerous situation wherein it was not only likely but higWy probable that Plaintiffs foot would eventually become infected. (j) Failing to consider the importance of informing Plaintiff or his immediate family of the fact that significant incision(s) had been made on the bottom of Plaintiffs foot in the course of attempted treatment and that such incision( s) presented a clear and present danger of infection if not properly treated and watched closely until the incision was able to heal. (k) Failing to advise Plaintiff that a significant incision had been made on the bottom of his foot on or before June 16, 1998 and thereafter and that the entire area surrounding the incision should be kept clean and protected at all times until it had a chance to heal, (1) Failing to recognize that Mr. Shimer was at an increased risk for developing an infection and implententing the appropriate precautionary measures to prevent the same, including prescribing antibiotics and the utilization of sterile dressings, (m) surgically debriding the foot of a known diabetic when not medically necessary or indicated, 18 . ,"'__ -'-_' '~"~"-'~ -~ ,,,,.~. ",p." .'.' -,~~,--'~' -~~~'~. .~ ""~'-"'"-'-""h.,""'", '" ,~ . ,_';'; ,C' (n) improperly and inappropriately debriding the foot of a known diabetic so as to permit the development of an infection and the degeneration of tissue, (0) Failing to consult with a diabetic specialist at any time during the course of treatment ofMr, Shimer, (P) Failing to refer Mr. Shimer to a specialist for treatment of his foot at any time before November 10,1998, 104, Defendant Zlotoff is liable to the Plaintiff for both compensatory and punitive damages for the injuries as set forth in paragraphs 83 through 94 above, which are incorporated herein by reference as if set forth at length, WHEREFORE, Plaintiff George W, Shimer demands judgment against Defendant Howard Zlotoff, D,P,M, for both compensatory and punitive damages in an amount in excess of$35,000,00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV GEORGE W. SHlMER v. HOWARD ZLOTOFF. D.P.M, Unformed Consent) 105, Paragraphs I through 94 and Count III ofthis Complaint are incorporated herein by reference as if set forth at length, 106, Defendant Howard Zlotoff, D,P.M. is liable to the Plaintiff George W, Shimer for battery in the form of her intentionally inflicting harmful and offensive bodily contact on George W. Shimer by: (a) Realizing that the proposed procedure of making a deep and invasive incision either during one visit or over a period of time into the bottom of Plaintiff's right foot would result in offensive bodily contact with Mr, Shimer; 19 ~..-, ' '^" ~ (b) Knowingly performing the proposed invasive procedure on Mr. Shimer without his informed consent; (c) Causing permanent and substantial injury to Mr. Shimer as a result of the non-consensual and unnecessary and ill advised procedure of cutting a deep incision that had little or no chance to heal given the totality of the circumstances of the Plaintiff; (d) Failing to obtain Mr. Shimer's informed consent to the proposed procedure; (e) Failing to inform Mr. Shimer fully and properly as to the nature and the extent to which the incision broke the flesh and cut into the flesh of the bottom of his foot; (f) Failing to inform Mr. Shimer fully and properly of the material risks, possible consequences and alternatives to the proposed invasive procedure; (g) Failing to inform Mr. Shimer of the possible physical, emotional and psychological consequences if an infection were to occur; (h) Failing to disclose to Mr, Shimer all information material to a decision to cut a deep incision into the bottom of his right foot to remove whatever it was that was a continuing source of right foot pain. 107. Plaintiff George W. Shimer would not have submitted to the aforementioned invasive procedure on or before June 16, 1998 and thereafter if he had known of the undisclosed information, misinformation, risks, consequences, side effects and alternatives to the proposed procedure of creating a deep incision in the bottom of his right foot. 108, As a result, Plaintiff George W. Shimer sustained injuries and damages as set forth in paragraphs 83 to 94 above which are incorporated by reference as if set forth at length. WHEREFORE, Plaintiff George W, Shimer demands judgment against Defendant Howard Zlotoff, D.P,M, for compensatory and punitive damages in an amount in excess of $35,000.00 (Thirty Five Thousand 20 ,,~ "d'~ , , .~ ,,~-'" .,~~, . -,~'" , ",.~ ",'" ,-, ~+"'~"'-; Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, COUNT V GEORGE W. SHIMER v. JOHN GILFERT. D.P.M, 109, Paragraphs I through 94 of this Complaint are incorporated herein by reference as if set forth at length. 110. Defendant John Gilfert, D,P.M. is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by her negligence, gross negligence and reckless indifference with respect to George W. Shimer by: (a) Failing to properly treat and monitor Mr, Shimer's condition when Mr, Shimer came under his care, (b) Failing to recommend, order, or prescribe prophylactic antibiotic therapy following any incision made by him into the right foot ofMr, Shimer on or before June 16, 1998 and on or about September 15, 1998 for the purpose of debriding or cutting or removing a corn or other abnormality on the bottom of Mr, Shimer's foot. (c) Failing to recognize the clear and present danger posed to Plaintiff by her total lack of close continual follow up so necessary for a diabetic patient on Coumadin following any incision made by him into the foot of Mr. Shimer on or before June 16, 1998 and thereafter. (d) Failing to provide and insist upon close continual follow up after making an incision into the foot of Mr, Shimer on or before June 16, 1998 and thereafter knowing full well that Mr, Shimer was a diabetic now taking Coumadin, (e) Failing to recognize the clear and present danger posed to Plaintiff by reason of his total failure to prescribe necessary and proper antibiotic therapy following any following any incision made by him into the right foot ofMr, Shimer on or before June 16, 1998 and thereafter. 21 .'~~ ." '~ .=,'.~ .- ;~ '~d"'-'" ; ,-",...;. , 'F" (t) Failing to recognize the clear and present danger posed to Plaintiff by reason of his total failure to prescribe necessary and proper antibiotic therapy with close continuous follow up after making any incision into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection because he could not reach or see the bottom of his feet by reason of both his hip replacement and his age. (g) Failing to actually prescribe necessary and proper antibiotic therapy and to then provide close necessary continuous follow up after making an incision into the bottom of the right foot of Mr, Shimer on or before June 16, 1998 and thereafter knowing full well that Mr, Shimer would not be able to self treat any subsequent infection ifhe could not reach or see the bottom of his feet by reason of both his previous hip replacement, his age and the fact that he lived alone, (h) Failing to recognize the clear and present danger posed to Plaintiff by reason of the fact that he knew or should have known that any incision into the bottom of Plaintiffs right foot which broke the skin and penetrated the flesh would be sore and painful and that some residual pain as a result of the incision itself and the continuous chronic pain Plaintiff experienced in the foot before any treatment began in 1988 might hide or mask a possible infection in its early stages. (i) Failing to recognize that Plaintiffs age, the fact that he lived alone, the fact that he was a diabetic, the fact that he was on Coumadin and the fact that he could not bend over far enough to reach or self treat the incision made by Defendant on the bottom of Plaintiffs right foot and thereafter which broke the skin and penetrated the flesh all created a highly dangerous situation wherein it was not only likely but highly probable that Plaintiff's foot would eventually become infected, (j) Failing to consider the importance of informing Plaintiff or his immediate family of the fact that significant incision( s) had been made on the bottom of Plaintiff s foot in the course of attempted 22 ~~ -, -~- ,- '__e - .. ,"'~ _~"."V ,'-~ -,< ,Co ,~, '" _ _ '_""," '"'_"" ' "_;_"'_;"""~', treatment and that such incision(s) presented a clear and present danger of infection if not properly treated and watched closely until the incision was able to heal. (k) Failing to advise Plaintiff that a significant incision had been made on the bottom of his foot on or before June 16, 1998 and thereafter and that the entire area surrounding the incision should be kept clean and protected at all times until it had a chance to heal. (I) Failing to recognize that Mr, Shimer was at an increased risk for developing an infection and implementing the appropriate precautionary measures to prevent the same, including prescribing antibiotics and the utilization of sterile dressings, (m) surgically debriding the foot of a known diabetic when not medically necessary or indicated. (n) improperly and inappropriately debriding the foot of a known diabetic so as to permit the development of an infection and the degeneration of tissue. (0) Failing to consult with a diabetic specialist at any time during the course of treatment of Mr, Shimer, (P) Failing to refer Mr, Shimer to a specialist for treatment of his foot at any time before November 10, 1998. . 111, Defendant John Gilfert is liable to the Plaintiff for both compensatory and punitive damages for the injuries as set forth in paragraphs 83 through 94 above, which are incorporated herein by reference as if set forth at length, WHEREFORE, Plaintiff George W, Shimer demands judgment against Defendant John Gilfert, D,P,M, for both compensatory and punitive damages in an amount in excess of $35,000,00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 23 -- ",-^,'.'" ',- ,~-.' ~~~~, .,_.M~_''''''',. _-~.M'>*,,~'''''''-''__~~' ''"'''~- L COUNT VI GEORGE W. SHIMER v. JOHN GILFERT. D.P.M, anformed Consent) 112, Paragraphs I through 94 and Count I of this Complaint are incorporated herein by reference as if set forth at length. 113, Defendant John Gilfert, D,P,M, is liable to the Plaintiff George W, Shimer for battery in the form of her intentionally inflicting harmful and offensive bodily contact on George W, Shimer by: (a) Realizing that the proposed procedure of making a deep and invasive incision either during one visit or over a period oftime into the bottom of Plaintiffs right foot would result in offensive bodily contact with Mr, Shimer; (b) Knowingly performing the proposed invasive procedure on Mr, Shimer without his informed consent; (c) Causing permanent and substantial injury to Mr, Shimer as a result of the non-consensual and unnecessary and ill advised procedure of cutting a deep incision that had little or no chance to heal given the totality of the circumstances of the Plaintiff; (d) Failing to obtain Mr, Shimer's informed consent to the proposed procedure; (e) Failing to inform Mr, Shimer fully and properly as to the nature and the extent to which the incision broke the flesh and cut into the flesh of the bottom of his foot; (f) Failing to inform Mr, Shimer fully and properly of the material risks, possible consequences and alternatives to the proposed invasive procedure; (g) Failing to inform Mr, Shimer of the possible physical, emotional and psychological consequences if an infection were to occur; 24 >_" ~"U,.. <- _.~'-,'---', F:[ ! ! (h) Failing to disclose to Mr. Shimer all information material to a decision to cut a deep incision into the bottom of his right foot to remove whatever it was that was a continuing source of right foot pain, 114, Plaintiff George W, Shimer would not have submitted to the aforementioned invasive procedure on or before June 16, 1998 and thereafter if he had known of the undisclosed information, misinformation, risks, consequences, side effects and alternatives to the proposed procedure of creating a deep incision in the bottom of his right foot_ 115, As a result, Plaintiff George W, Shimer sustained injuries and damages as set forth in paragraphs 83 to 94 above which are incorporated by reference as if set forth at length, WHEREFORE, Plaintiff George W. Shimer demands judgment against Defendant John Gilfert, D,P,M, for compensatory and punitive damages in an amount in excess of $35,000,<)0 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, COUNT vn GEORGE W. SHIMER v. ZLOTOFF & ASSOCIATES. 116, Paragraphs 1 through 94 ofthis Complaint and Counts I through VI are incorporated herein by reference as if set forth at length, 117. Defendant Zlotoff & Associates, acting though its (their) agent, apparent agent, associate, servant and or employee are liable to Plaintiff for the injuries and damages as alleged herein which were directly and proximately caused by their negligence, gross negligence and reckless indifference and/or the negligence, gross negligence and reckless indifference to the acts of their associate, agent, apparent agent, partner, servant 25 -,,--,- ~-~ ~ ~ - '-~ -,", . ~' .'_~_. _ '-_~M~ '~ _H"'_"'~~ C";!';,' and! or employees as set forth in Counts I through VI above, which are incorporated herein by reference as if set forth at length, 118, Defendants Zlotoff & Associates, Howard Zlotoff and John Gilfert are jointly and severally liable to Plaintiff for both compensatory and punitive damages for the injuries as set forth in paragraphs 83 through 94 above, which are incorporated by reference as if set forth at length, WHEREFORE, Plaintiff George W, Shimer demands judgment against Defendant Zlotoff & Associates for compensatory and punitive damages in an amount in excess of$35,000,00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory jurisdiction, 26 ,~ ", ~~_ ~ ,_ . J . - , ~ ".,,~, Date: ,5~ '3j~II' . A,~ 1225 W, Leesport Rd, Leesport, Pa 19533 (610) 926-4278 Counsel for Plaintiff I, George W. Shimer, Plaintiff, do hereby state and affirm that the facts as set forth in paragraphs 1 through 121 of the above complaint and in Counts I, 11 and HI thereof are true and accurate to my best knowledge and belief. I hereby consent to the fIling of the above described Complaint with the Court of Common Pleas of Cumberland County, PA. Date: jj ),41_ :260( f -%:~-H ~ ,(-/.-/U-L.,j ,<1___ George W. Shimer 27 ,_.; ;0, ,~..-""~,,,,,,,.,, , "," " ' ,.c' ,,,_; ',__.k;>.,;.;>_ _"''''''''-'''''''_-':'-_'' '--'-.',0' CERTIFICATE OF SERVICE I, Meredith A, Marzella, hereby certity that a true and corre~py of the foregoing Complaint was served upon all counsel ofrecord this _I ~ day of , 2001, by depositing said copies in the United States Mail at follows: P nnsylvania, postage prepaid, First-Class delivery, and addressed as Peter J. Curry, Esquire Richard K, Laws, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Sixth Floor Post Office Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants, Zlotoff & Associates, Helen Gold, DPM, Howard Zlotoff, DPM, and John Gilfert, DPM R,J, MARZELIA & ASSOCIATES, p,c. J ~, '" THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Stephanie L. Hersperger, Esquire Identification No. 78735 305 North Front Street P. O. Box 999 Harrisburg, P A. 17108 (717) 255-7637 Attorney for Defendants GEORGE SHIMER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v, : DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, CIVIL ACTION - LAW HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants : JURY TRIAL DEMANDED ,_ . . .PREI,.Il\:lINAR.Y9:aJECTIONSOFDEFENDAN'TS ,. .~I;~~Gl)LP,;l;l~lVl::Il())V~.ZLOTOF;Jf,FPPM,JQliNGILF.Ij;RT,PJ>M; . .. . ..}a~tI.t;I;Q!9J[F&A$$9<::I4TES,TO PLAlNTJFJ['S.COMPLAINT AND NOW come Defendants, Helen Gold, DPM, Howard Zlotoff, DPM, John Gilfert, DPM, and Zlotofr & Associates, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file the within Preliminary Objections to Plaintiffs Complaint as follows: I. Brief Statement of Facts and Procedural Historv I, The instant medical malpractice action was commenced on or about September 12,2000, by the filing ofa Writ of Summons by Plaintiff, George Shimer, l ,-"-- ~, "' "",.-. , "-~ '-'0'- - -"'-',;;~'':';-C.~ '.', _.~,~ ,,4. , 2, Thereafter, Plaintiff filed a Complaint on January 10, 2001, alleging that Defendants were negligent in their treatment and care of Plaintiff and that said negligence has caused Plaintiff to suffer permanent damages. (A true and correct copy of Plaintiff's Complaint is attached hereto and marked as Exhibit "A",) 3, Specifically, Plaintiff claims that Defendants were negligent in the treatment and/or monitoring of an alleged corn/abnormality on the bottom of Plaintiff's right foot, thereby causing Mr. Shimer to suffer an amputation below the knee of the right leg, 4. In addition to claims for negligence, Plaintiff also asserts a claim for lack of informed consent and seeks punitive damages from all named Defendants, (See Counts I through VII of Plaintiff's Complaint.) 5, Defendants respond to Plaintiff's Complaint with the instant Preliminary Objections which are made upon the following grounds: A. DEMURRER/MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES (COUNTS I THROUGH VII AND IN ALL WHEREFORE CLAUSES). B. DEMURRER/MOTION TO STRIKE PLAINTIFF'S CLAIM OF BREACH OF INFORMED CONSENT BROUGHT AGAINST DEFENDANTS ZLOTOFF & ASSOCIATES (COUNT VII). II. Demurrer/Motion to Strike Claim for Punitive Damages Against All Defendants (Counts I throul!:h VII and Wherefore Clauses) 6, Paragraphs 1 through 5 are incorporated herein by reference as though the same were set forth at length herein. 7, As previously stated, this case is based upon the Defendants' alleged negligence in treating and monitoring a corn/abnormality/incision which, according to Plaintiff's Complaint, 2 _.._...:l -~-~ '~"~~""'q~-.", .;.;,,~ ',-'"';;-''' ~"#rr. , , caused Plaintiff to suffer an amputation below the knee of the right leg and incur other damages as set forth within the Complaint. 8, Notwithstanding the fact that the foregoing allegations sound only in medical negligence, at best, the Plaintiff has set forth the following averments in support of a purported claim for punitive damages against Defendant, Dr, Gold: COUNT! George W. Shimer v. Helen Gold, DPM 95, Paragraphs I through 94 ofthis Complaint are incorporated herein by reference as if set forth at length. 96. Defendant Helen Gold, DPM, is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by her negligence, gross negligence and reckless indifference with respect to George W. Shimer by: (a) Failing to properly treat and monitor Mr. Shimer's condition when Mr, Shimer came under her care; (b) Failing to recommend, order or prescribe prophylactic antibiotic therapy following any incision made by her into the right foot of Mr, Shimer on or before June 16, 1998, and on or about September 15, 1998, for the purpose of debriding or cutting or removing a com or other abnormality on the bottom ofMr, Shimer's foot. (c) Failing to recognize the clear and present danger posed to Plaintiff by her total lack of close continual follow up so necessary for a diabetic patient on Coumadin following any incision made by her into the foot of Mr. Shimer on or before June 16, 1998, and thereafter. (d) Failing to provide and insist upon close continual follow up after making an incision into the foot of Mr, Shimer on or before June 16, 1998 ~ _'" '" _ H~'~'" ,-. _~ u,,' W . ___~,_,~ ,- 0--" - ~ ' "" , ..<--- '",-, and thereafter knowing full well that Mr, Shimer was a diabetic now taking Coumadin, (e) Failing to recognize the clear and present danger posed to Plaintiff by reason of her total failure to prescribe necessary and proper antibiotic therapy following any following any [sic] incision made by her into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter, (f) Failing to recognize the clear and present danger posted to Plaintiff by reason of her total failure to prescribe necessary and proper antibiotic therapy with close continuous follow up after making any incision into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr, Shimer would not be able to self treat any subsequent infection because he could not reach or see the bottom of his feet by reason of both his hip replacement and his age, (g) Failing to actually prescribe necessary and proper antibiotic therapy and to then provide close necessary continuous follow up after making an incision into the bottom of the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection if he could not reach or see the bottom of his feet by reason of both is previous hip replacement, his age and the fact that he lived alone, (h) Failing to recognize the clear and present danger posed to Plaintiff by reason of the fact that she knew or should have known that any incision into the bottom of Plaintiffs right foot which broke the skin and penetrated the flesh would be sore and painful and that some residual pain as a result of the incision itself and the continuous chronic pain Plaintiff experienced in the foot before any treatment began in 1988 might hide or mask a possible infection in its early stages, 4 . ~ 21'~'w'~",-->; ."'''''' " " . ,-,-,...-~ '" . -~- .--'-, -~ -,'~,--:=--;,,- '-.i" """,.l,_ (i) Failing to recognize that Plaintiffs age, the fact that he lived alone, the fact that he was a diabetic, the fact that he was on Coumadin and the fact that he could not bend over far enough to reach or self treat the incision made by Defendant on the bottom of Plaintiffs right foot and thereafter which broke the skin and penetrated the flesh all created a highly dangerous situation wherein it was not only likely but highly probable that Plaintiffs foot would eventually become infected, G) Failing to consider the importance of informing Plaintiff or his immediate family of the fact that significant incision(s) had been made on the bottom of Plaintiffs foot in the course of attempted treatment and that such incision( s) presented a clear and present danger of infection if not properly treated and watched closely until the incision was able to heal. (k) Failing to advise Plaintiff that a significant incision had been made on the bottom of his foot on or before June 16, 1998 and thereafter and that the entire area surrounding the incision should be kept clean and protected at all times until it had a chance to heal, (I) Failing to recognize that Mr, Shimer was at an increased risk for developing an infection and implementing the appropriate precautionary measures to prevent the same, including prescribing antibiotics and the utilization of sterile dressings, (m) Surgically debriding the foot of a known diabetic when not medically necessary or indicated, (n) Improperly and inappropriately debriding the foot of a known diabetic so as to permit the development of an infection and the degeneration of tissue. (0) Failing to consult with a diabetic specialist at any time during the course of treatment of Mr, Shimer. j -.,;;;:,;0';". 11' _~. 0, _. ."_, -., ~- -" .. '~ri" _~ ~ ..-"-~..,,."r ~'" , '. ' '->.-,,;.-~ -.' ",,~',;,,- " "-^.:....,... (P) Failing to refer Mr. Shimer to a specialist for treatment of his foot at any time before November 10,1998, 97, Defendant Helen Gold is liable to the Plaintiff for both compensatory and punitive damages for the injuries as set forth in Paragraphs 83 through 94 above, which are incorporated herein by reference. (See Plaintiffs Complaint at Count I, Paragraphs 95 through 97.) 9. Plaintiff also alleges claims for punitive damages against Defendants Howard Zlotoff and John Gilfert in Count III and V, respectively. (See Plaintiffs Complaint at Counts III and V).l 10, Additionally, Plaintiff makes a claim for punitive damages against Defendant Zlotoff & Associates by claiming that it is liable for the negligence, gross negligence and/or reckless indifference of its alleged associates, agents, apparent agents, partners, servants and/or employees as set forth in Counts I through VI of Plaintiffs Complaint. (See Plaintiffs Complaint at Count VII, Paragraphs 116 through 118.) II. The foregoing allegations, even when read in a light most favorable to Plaintiff, fail to allege conduct which could, under any circumstances, be interpreted as sufficiently reckless and/or egregious to justifY an imposition of punitive damages against Defendants, 12, Pennsylvania Rule of Civil Procedure 1028(a)( 4) provides that a party may raise a demurrer to a Complaint by Preliminary Objection, In the alternative, a Motion to Strike is I In Counts III and V, Plaintiff alleges the same facts and allegations of negligence as those set forth in Count I (plaintiff's claim for punitive damages as to Dr. Gold) in support of his punitive damages claim against Defendants, Dr. Zlotoff and Dr, Gilfert_ 6 " ~.',_~~, <"""O~~_'"'__,,, -'. < .", appropriate to strike off a pleading, or a portion thereof, because of lack of conformity to law or rule of court under Pennsylvania Rule of Civil Procedure 1028(a)(2). 13, This Preliminary Objection is raised on the basis that even assuming the allegations of Plaintiffs Complaint are true, Plaintiff has failed to set forth a prima facie case for recovery of punitive damages, 14, The Pennsylvania Supreme Court has adopted Section 908(2) of the Restatement (2d) of Torts which permits punitive damages only "for conduct that is outrageous because of the defendant's evil motive or his reckless indifference to the rights of others", Rizzo v. Haines, 520 Pa, 484, 555 A.2d 58, 69 (1989), Quoting Restatement (2d) ofTorts S908(2), 15, In medical malpractice actions, the question is "whether there has been sufficiently aggravated conduct contrary to the plaintiffs interests, involving bad motive or reckless indifference, to justify the special sanction of punitive damages," Medvecz v. Choi, 569 F,2d 1221, 1227 (3d Cir. 1997). 16, Punitive damages are not to be awarded for "misconduct which constitutes ordinary negligence such as inadvertence, mistake, and errors in judgment," McDaniel v, Merck, 367 Pa, Super. 600, 533 A.2d 436, 447 (1987), citing Martin v, Johns-Manville Corp" 508 Pa, 154,494 A,2d 1088 (1985). 17, Moreover, the Health Care Services Malpractice Act of 1975, P,L. 390, No, 111, 40 P.S, S1301, et seQ" specifies that, "[a] showing of gross negligence is insufficient to support an award of punitive damages," 40 P.S. S1301.812-A, 18. The Health Care Services Malpractice Act also provides that a non-physician health care provider may not be vicariously liable for punitive damages unless it had actual 7 ,-,~, , -, ., --< ~;-~,,~,- ,.. ',- - ^-' ~">'--"<o.,,_,,'" --:K-< knowledge of the wrongful conduct of its alleged agents, servants and/or employees, but nevertheless, allowed it to occur, 40 P,S. S812-A, 19. In the instant case, the pleadings clearly demonstrate that Plaintiff has failed to assert allegations of sufficiently egregious conduct which, if proven, would support an award of punitive damages. 20. Upon reviewing the fact-based allegations of Plaintiff's Complaint, it is evident that this case stems from allegedly improper incisions or debridements which were performed on Plaintiff's right foot at various times during his treatment with Defendants, 21. Specifically, even assuming that Plaintiffs allegation that Defendants were negligent in performing the incision and/or debridement and for failing to properly monitor it, despite the fact that they knew Plaintiff was at an increased risk for infection, these facts fail to support a claim for punitive damages since they do not demonstrate, or even conceivable suggest, that Defendants had an evil motive and/or appreciated a risk but intentionally, recklessly or maliciously ignored said risk. 22, In addition to the reasons set forth above, the claim for punitive damages against Defendant, Zlotoff & Associates, should be stricken since Plaintiff fails to assert sufficient facts which demonstrate that Zlotoff & Associates had actual knowledge ofthe alleged wrongful conduct of its agents and/or employees, but nevertheless, allowed it to occur, 40 P,S, sect. 1301.101, et seq.; See also Dean v, Community Medical Center, C.P, Lackawanna Cty" No, 99- CV-4708 (May 15, 2000)(Nealon, l) 23, According to Pennsylvania law, Plaintiff should be entitled to pursue only compensatory damages against Defendants, and therefore, Plaintiff's claim for punitive damages, 8 .~ ~, ,-..,,,, ",;."-, ".'<. ""-"---J~;"H! as set forth in the Wherefore clauses and Counts I through VII, should be stricken from Plaintiffs Complaint, with prejudice, WHEREFORE, Defendants respectfully request that the within demurrer be granted and that all of Plaintiffs claims for punitive damages, as set forth in the Wherefore clauses and Counts I through VII, be stricken, with prejudice, III. DemurrerlMotion to Strike Plaintiffs Claim for Breach of Informed Consent Al!ainst Defendant Zlotoff & Associates (Count VII) 24, Paragraphs I through 23 are incorporated herein by reference as though same were set forth at length herein. 25, In Counts I through VI of Plaintiffs Complaint, Plaintiff asserts an informed consent claim against Defendants, Helen Gold, DPM, Howard Zlotoff, DPM, and John Gilfert, DPM. (See Counts I through VI of Plaintiffs Complaint.) 26, In Count VII of Plaintiffs Complaint, Plaintiff alleges that Defendant, Zlotoff & Associates, is liable for alleged negligence of its associates, agents, apparent agents, partners, servants and/or employees as set forth in Counts I through VI. (See Count VII of Plaintiffs Complaint.) 27, Although Plaintiff does not set forth a separate claim for breach of informed consent against Defendant, Zlotoff & Associates, as with the other Defendants, Plaintiffs allegation that Zlotoff & Associates is liable for the acts of its alleged agents, in fact, is a claim for lack of informed consent. 28, Under Pennsylvania law, an informed consent claim cannot be imposed against a non-physician health care provider, either vicariously or through corporate negligence. Kellv v, Methodist Hospital, 664 A.2d 148 (Pa, Super. 1995); Margotta v. Lancaster General Hospital, 47 9 ~,~ ~, , v-_' , "," "-'k~,_ ~ -"_-~, '",'0 "~ - ,-~~,! D&C 3d 300 (1987); Wolgemuth v, Milton Hershey Medical Center, III Dauph, 353 (1992); and Summers v. Rubin, 112 Dauph, 479 (1993), 29. Since Defendant, Zlotoff & Associates, is a non-physician health care provider, and Plaintiff has asserted no facts to the contrary, Plaintiff has failed to state a claim for lack of informed consent against Zlotoff & Associates, and thus, any claim for lack of informed consent against Zlotoff & Associates should be stricken from Plaintiff's Complaint with prejudice, WHEREFORE, Defendant, Zlotoff & Associates, respectfully requests that the within demurrer be granted, or in the alternative, that Plaintiff's claim for lack of informed consent against the foregoing entity be dismissed with prejudice, Respectfully submitted, --- 10 "~" , ,-, ~ , ..~ 'lltl:""~~*;t;;,;;.,.- IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE W. SHIMER, Plaintiff CIVIL ACTION - LAW v, : DOCKET NO. 00-6240 HELEN GOLD, D.P.M., HOWARD ZLOTOFF, D.P.M., JOHN GILFERT, D.P.M. and ZLOTOFF & ASSOCIATES , Defendants JURY TRIAL DEMANDED COMPLAINT 1_ Plaintiff George W. Shimer is an adult individual and at all relevant times resided in Camp Hill, Cumberland County, Pennsylvania. 2, At all relevant times herein Defendant Helen Gold, D.P,M, (hereinafter "Defendant Gold"), Defendant Howard Zlotoff, D,P,M. (hereinafter "Defendant Zlotoff'), and Defendant John Gilfert, D,P,M. (hereinafter "Defendant Gilfert") were all podiatrists licensed to practice podiatry in the Commonwealth of Pennsylvania and were all engaged in the practice of podiatry in Camp Hill, Cumberland County, Pennsylvania. 3, Defendant Zlotoff & Associates (hereinafter "Defendant Associates") is an unincorporated business association, or, in the alternative, a partnership, or, in the alternative, a corporation with offices in Camp Hill, Cumberland County, Pennsylvania, 4, At all relevant times herein, Defendant Gold, Defendant Zlotoff and Defendant Gilfert were agents, and apparent agents of each other and agents, apparent agents, servants, employees and/or partners of Defendant Associates and were acting within the scope of their authority and/or employment when providing professional podiatry and medical services to George W, ShimeL 5, In March of 1988, George W. Shimer became a patient of Defendant Zlotoffand/or Defendant 1" .~eEIN.riLljf'I' i.'.':;;;_Hf",:C...iiYl . ..)4 f;" ::';' ;Lc';' .C",," '""~.."~~ ~ -, , . """,~c ~iI>.,k- Associates, 6. Defendant Zlotoff s and/or Defendant Associates' registration history indicates that George W, Shimer sought out Defendant Zlotoff and/or his associate W. Robert W olp and/or Defendant Associates as the result of solicitation via a yellow page ad, seeking relief from pain caused by a sore com or other abnormality on the bottom of his right foot. 7, Other than constant complaints about soreness on the bottom of his right foot, at the time that Mr. Shimer sought out the assistance and care of Defendant Zlotoffand/or Defendant Associates and/or W_ Robert W olp, Mr. Shimer lead a healthy, happy and generally active lifestyle, playing golf 3 times a week 8. Mr. Shimer thereafter became a regular patient of Defendant Zlotoff and/or Defendant Associates and/or W. Robert Wolp, returning to Defendants' office twice in the fall of 1989 seeking further relief from pain in his right foot. 9. Mr. Shimer was apparently seen periodically during the next several years by all of the Defendants primarily for relief of continuing pain in his right foot caused by a com or other abnormality on the bottom of his right foot but also to have his toe nails periodically cut. 10. As early as April of 1992 Defendant Gilfert developed concerns regarding the possibility of infection to Mr. Shimer's right foot, which concerns are reflected in the pertinent progress notes, 1 I, Throughout 1992, Mr. Shimer visited Defendants' office on at least four separate occasions, continuing to complain of pain in his right foot and seeking out the professional services of Defendants and trusting Defendants to provide reasonable and appropriate treatment and relief, 12, In October of that year during Mr, Shimer's last visit in 1992 Defendant Zlotoff and/or one of the other Defendants and/or another podiatrist working with Defendants examined Mr, Shimer's right foot, debrided the offending corn/abnormality on the bottom of Mr. Shimer's right foot and expressed concern at that time in Mr, Shimer's progress report about the possibility of infection and warned Mr, Shimer to keep water away from his right foot for 3 days "to reduce (the) chance of any infection," 2 ." '@'itl,;;' 13, During 1993 Mr, Shimer made 10 separate visits to the offices of defendant Zlotoffand the other defendants, complaining of continued pain and seeking further treatment and relief, 14, During his second visit of that year on June 17"', Mr. Shimer's Progress report indicates that Defendant Zlotoff and/or another of the named Defendants advised the Plaintiff regarding the use of alcohol in apparent awareness of the possibility of infection and also prescribed bacitracin to control a possible infection, 15, Mr. Shimer visited the office of Defendants eight times during 1994 continuing to seek relief from foot pain and for other foot symptoms and problems_ 16, During a visit on April 18, 1995, Defendant Gilfert examined Mr, Shimer and noted the presence of an abscess for which he prescribed an antibiotic. 17, In mid September of 1995, Defendant Zlotoffand/or another Defendant debrided Mr, Shimer's right foot to a "pink base", applied a sterile dressing and prescribed "no water" apparently to avoid or minimize the chance of infection, 18, Mr. Shimer's progress report shows that during early 1996 Defendant Gold became primarily responsible for treating Mr, Shimer and examined and treated Mr, Shimer approximately 7 times during that year and approximately 7 times the following year in 1997. 19, In June of 1998, Defendant Gold was made aware that Mr. Shimer was now on the blood anti clotting drug Comedian (sodium wayfaring) because of blood clots he had developed in his left leg for which he was hospitalized in March of that year, 20, By June, 1998 Defendant Gold either knew or should have known that diabetes existed in Mr. Shimer's family medical history if any sort of reasonable medical history was ever attempted or collected at any time during Mr. Shimer's relationship with the Defendants. 21, By June, 1998 Defendant Gold, Defendant Zlotoff and Defendant Gilfert either knew or should have known that Mr, Shimer, himself, had been secondarily diagnosed with diabetes mellitus in April of 1998 3 . ~ - < ~ -T!Il~"',",,~;. by his family physicians and for the further reason that references to this condition by his family physician Dr. Rich and/or Theresa Brick appear as early as 1995 in Mr, Shimer's medical records. 22, By June of 1998 Defendant Gold, Defendant Zlotoff and Defendant GUfert either knew or should have known that Mr, Shimer had been taking the medication Amyl for several years as treatment for a his adult onset diabetes, 23, Defendant Gold, Defendant Zlotoff and Defendant Gilfert either knew or should have known in June of 1998 and at all times thereafter that the taking of the drug Coumadin (sodium wayfarin) increases the risk of developing an infection in the event there is a tear in the skin surface, 24_ Medical practitioners generally and Defendants Gold, Zlotoff and Gilfert should have had heightened concerns about the possibility of infection in Mr. Shimer because of his Coumadin intake and his history of diabetes, 25. In June of 1998 and thereafter Defendant Gold, Defendant Zlotoff and Defendant Gilfert either knew or should have known that any fonn of diabetes can have a negative affect on blood circulation especially to the lower extremities, increasing the risk of the development and progression of an infection, 26, Careful medical practitioners exercising reasonable and appropriate care should generally become more concerned about the possibility of infection in the extremities of such patients because it is more difficult for cuts or open wounds on the extremities of such patients to properly heal. 27, Because Defendant Gold had treated Mr. Shimer for over 2 Yz years by June of 1998, she knew or should have known that the reason Mr, Shimer came regularly to her office, in addition to the continued pain in his right foot, was to have his toe nails cut because he was not able to reach his feet and adequately inspect for any abnonnalities and to perfonn such tasks himself, 28, By June of 1998 Defendant Gold also knew or should have known that a primary reason Mr. Shimer came to her to have his toe nails cut was because he could not bend over very far by reason of his age and the fact that he had an artificial left hip replacement. 4 ,. ~~ _.',~ _j',~t,.-, 29. On June 16, 1998 and before and thereafter Defendant Gold also knew or should have known , (and, by reason of having provided podiatry care to Mr. Shimer since 1988 Defendant 210toff and Defendant Gilfert also knew or should have known) that by reason of his artificial hip and his age it was physically impossible for Mr. Shimer to cut his own toe nails or provide care to his feet. 30, On or before June of 16,1998 and thereafter Defendant Gold also knew or should have also known, (and, by reason of having provided podiatry care to Mr. Shimer since 1988 Defendant 210toff and Defendant Gilfert also knew or should have known) that by reason of his artificial hip and his age it was physically impossible for Mr, Shimer to even see or reach the bottom of his right foot for the purpose of treating any infection that might arise as the result of the continued and reckless debriding of the corn/abnormality on the bottom of Mr. Shimer's right foot on or before June 16, 1998 or thereafter by Defendant Gold, 3 L Defendant Gold saw Mr, Shimer again on September 15, 1998 at a regularly scheduled appointment and noted on Mr, Shimer's progress report for that visit "no changes since last visit". 32, Again, Defendant Gold rigorously debrided the area on the bottom ofMr. Shimer's foot, leaving an open portal for the development of an infection, 33, The wound was not covered nor were antibiotics applied, 34. Mr, Shimer was not prescribed propholactic antibiotics to ward off an infection, 35. He was simply discharged with instructions to return in three months for his regularly scheduled appointment. 36. Mr. Shimer spent the week end of November 7th and 8th packing for a Caribbean cruise he was planning to take with his son Robert on Friday, November 13, 1998. 37, Mr, Shimer and his son Robert spoke briefly by telephone during the week end of November 7th and 8th about the upcoming week long cruise scheduled to begin on Friday November 13th and during that telephone conversation, Mr. Shimer mentioned to .his son that he was having unusual pain in his foot. 5 ." ~ - ~. "'~-"~'~I"&-"~' 38, Mr, Shimer called Defendants' office on either Monday, November 9th or Tuesday November lOth to make an appointment to see Defendant Gold on Tuesday, November 10"', 39. Mr, Shimer arrived at Defendant Gold's office on Tuesday, November 10th and upon examination ofMr. Shimer's right foot by Defendant Gold, an infection of a very serious nature was discovered. 40, Defendant Gold's notation on Mr, Shimer's progress report for Tuesday, November 10, 1998 indicates that a "foul odor" emanated from and "brown drainage" were apparent on the bottom of Mr. Shimer's right foot. 41. X-rays were taken by Defendant Gold and gas was discovered in the soft tissue ofMr. Shimer's right foot. . 42, Defendant Gold diagnosed a "foot infection with gas gangrene" and noted correctly that "this is an emergency". 43, The office ofMr, Shimer's family physician Dr, James Rich was called by Defendant Gold and Defendant Gold spoke to Dr, Theresa Burick, D,O. a physician practicing medicine at that office who requested an opportunity to "evaluate" Mr, Shimer. 44. Mr. Shimer was transported to Holy Spirit Hospital by ambulance on Tuesday, November 10th at the consensus of Defendant Gold and Dr, Boock. 45. Mr, Shimer was admitted to Holy Spirit Hospital, Camp Hill that same day at I: 45 PM, 46, Defendant Gold inexplicably later billed Medicare not only for the x-ray but also for an additional charge of $230.00 for an alleged "debide tissue/muscle" which Plaintiff does not remember that she ever performed and which, if she did perform, was reckless and negligent and grossly negligent in light of the serious nature of the infection and Defendant Gold's ability and training to treat such an extreme condition_ 47. On Tuesday, November 10"', Mr, Shimer's son Robert returned home from an errand and found a voice mail message on his home telephone from Dr. Boock, 6 ~ ~- ~;;;";:.",,:,,. 48, Ms, Burick's unexpected and alanning voice mail message to Mr. Shimer's son Robert was that Mr. Shimer had been admitted to Holy Spirit Hospital that same day for a serious infection in his right foot. 49. Mr, Shimer's son Robert spoke by telephone to Dr, Barick and to a surgeon that same day and became very alarmed when he was told that several toes on his father's right foot might have to be amputated. 50, Robert visited his father in the hospital the evening of Tuesday, November 10th but was not offered an opportunity to actually see his father's right foot at that time and to view the actual extent of the infection for himself. 51, Hospital Medical records show that Mr, Shimer's infection was clearly spreading dangerously and rapidly. 52, The Department of Radiology and Diagnostic Imaging at Holy Spirit Hospital examined Mr. Shimer shortly after his admission on November 10th, 53, An exam dictated at 4:25 pm on November lOth describes a gas forming soft tissue infection and describes, among other observations, a "moderate degenerative change, " present about the base of the first metatarsal. " 54, An examination of Mr. Shimer by the same Department the following day, Wednesday November 11 th noted that in a comparison of the previous day's x~rays, "there is a markedly increased perfusion of the entire right foot." 55, That same examination on November II th by the Department of Radiology and Diagnostic Imaging noted that "delayed scans show increased uptake at the metatarsal-tarsal articulation where there are degenerative changes on the x-ray," 56, Robert explained to his father on the evening of November 10th during his visit (based solely on a conversation with Mr. Shimer's doctors) how serious the condition was and Mr. Shimer agreed to allow a surgeon to operate, ~ . ~~ ~~"Th,' 57, The morning following his son's visit, Mr. Shimer executed a written consent fonn authorizing Dr. Ronald Barsanti to perfonn a wide radical debridement of Mr. Shimer's right foot and amputation as necessary of what were now evidently necrotic toes, 58. . Surgery was initially scheduled for the morning of Wednesday, November 11 th but because Mr, Shimer was taking Coumadin, it was decided by his surgeon to wait a day and take Mr. Shimer off that medication before surgery. 59, Robert and his wife Alison began immediately searching for a medical facility with a hyperbaric chamber on Wednesday morning because Alison had heard that treatment of infected limbs with pressurized oxygen can sometimes reduce the spread of infection and give antibiotics a chance to begin working. 60, Hershey Medical Center infonned Robert such a hyperbaric chamber existed at the location of its affiliate, Geisinger Medical Facility in Danville, P A. 61, Arrangements were quickly made on Wednesday, November 11 th to immediately transport Mr, Shimer by ambulance from Holy Spirit Hospital in Camp Hill to the Geisinger Medical facility in Danville, P A. 62, Hospital records at PennState Geisinger in Danville, P A show that Mr, Shimer was admitted on Wednesday, November 11th at 6:15 p.m. 63, Mr. Shimer's son Robert called his brother Stephen on the morning of November II th and Stephen flew into Harrisburg International Airport where he was met by both Robert and Alison and the three drove that evening up to the Penn State Geisinger Medical facility located in Danville, P A. 64. Upon arrival at Geisinger, the attending resident physician Dr. John Henry advised both Robert and Stephen that Mr, Shimer's condition was now possibly life threatening and that exploratory surgery would begin immediately that evening, 65, Robert asked Dr. Henry about the preference ofMr, Shimer's doctors to wait until Thursday before operating because of the fact Mr. Shimer was taking Coumadin, 8 ~, , - .....;~r:.'_ 66. Dr. Henry dismissed the possibility of any further delay and expressed the opinion that if surgery was not perfonned immediately tbat night, Mr. Shimer might not live until morning. 67. Dr. Henry offered to show Robert, Stephen and Alison Mr. Shimer's right foot prior to surgery. 68. Mr. Shimer appeared clearly delirious, and looked very shaken and weak to both Robert, Stephen and Alison. 69. Robert, Stephen and Alison were all given an opportunity by Dr. Henry to examine Mr. Shimer's right foot and to see for themselves its actual condition. 70. The Mr. Shimer's entire foot was clearly swollen and several toes appeared to be almost black. 71. Both Robert, Stephen and Alison were also given an opportunity to view the bottom of Mr. Shimer's foot. 72. Robert, Stephen and Alison were shocked to see that a hole a little larger than a dime but smaller than a nickel had been "chiseled" into the bottom of the middle of Mr. Shimer's right foot. 73. The hole did not appear to be a new incision but clearly appeared to be the result of constant, repeated cutting over an extended period of time. 74. The hole appeared to be more than a quarter of an inch deep into the flesh and the outside edge of the hole had numerous little cut marks which fonned the shape of a circle. 75. The cut marks surrounding the hole gave the appearance of being repeatedly cut with a small sharp knife. 76. Dr. Henry stated in response to a question from Robert that the hole in the bottom of Mr. Shimer's foot was clearly the cause and source of the infection. 77. Dr. Henry called Robert, Alison and Stephen several times from the operating room to a room where they waited as the exploratory surgery progressed because Robert had specifically requested that Dr. Henry save as much as possible of his father's foot. 9 -~~. <iIOi. " """JtolW""ii#i!?'l:it\i<"-d,," 78. Because of the extensive nature of the infection and the rate at which it was spreading, Dr. Henry finally recommended on the phone to Robert that Mr. Shimer's leg be amputated just below the knee in order to be sure that the amputation occurred in healthy flesh and to avoid the possibility of the need for a later second operation if all infected flesh was not cleanly removed the first time. 79. Mr. Shimer appeared to be in psychological shock when he learned the extent of his amputation on Thursday morning, November 12th, the day before he was scheduled to leave on a Caribbean cruise with his son Robert. 80. Mr. Shimer remained at the Geisinger Medical Facility until November 27, 1998 when he was discharged .and transferred by car to Health South Rebabilitation Hospital in Reading, P A. 81. Mr. Shimer remained at Health South until approximately mid January when he finally returned to his home after extensive renovations were perfonned to extend the existing downstairs bathroom and to convert a portion of his laundry room into a shower area. 82. Defendant Gold, Defendant Zlotoff and Defendant Gilfert and Defendant Associates are jointly and severally liable for the injuries and damages as set forth herein. 83. Plaintiff George Shimer has incurred more than $15,000.00 in out of pocket expenses to renovate his home as a direct and proximate result of the Defendants' negligence, gross negligence and reckless indifference and a claim is made for full and complete reimbursement for all costs associated with the renovation of his house to accommodate his current disable condition. 84. Prior to his amputation which was the direct and proximate result ofthe Defendants' negligence, gross negligence and reckless indifference, Plaintiff George W. Shimer enjoyed a self sufficient and active lifestyle which is now no longer possible for him and a claim is made therefore. 85. As a direct and proximate result of the negligence, gross negligence, and/or reckless indifference of the Defendants, Plaintiff George W. Shimer is now confined to a wheel chair for a majority of . n lU ~ -.~~ ~"'-'IU~i", the time each day except for short periods of time when he struggles to walk with a walker, despite extensive physical and occupational therapy and a claim is made therefore. 86. As a direct and proximate result of the negligence, gross negligence, and/or reckless indifference of the Defendants, Plaintiff George Shimer must now pay for 24 hour a day "live in" assistance to perform all basic housekeeping chores which he previously did proudly for himself and a claim is made therefore. 87. As a direct and proximate result of the negligence, gross negligence and/or reckless indifference ofthe Defendants Plaintiff George Shimer is unable to engage in many of his previous recreational activities and a claim is made therefor. 88. As a direct and proximate result of the negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer has suffered an irreversible change in the quality of his life and a claim is made therefore. 89. As a direct and proximate result of the negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer is currently physically disabled/handicapped and will remain so for the rest of his life and a claim is made therefore. 90. As a direct and proximate result ofthe negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer has undergone great mental and physical pain and suffering and continues to undergo great mental suffering and anguish and a significant and substantial loss of life's simple pleasures each and every day and a claim is made therefore. 91. As a direct and proximate result of the negligence, gross negligence and/or reckless indifference of the Defendants Plaintiff George Shimer has been and will be subject to great humiliation, embarrassment, anxiety, depression and disfigurement and a claim is made therefore. 92. As a direct and proximate result of the negligence, gross negligence and/or reckless indifference of the Defendants, Plaintiff George Shimer has incurred and in the future will incur liability for medical 11 '~,-' < :<"'- treatment, hospitalizations and miscellaneous expenses in an effort to restore himself to health and as a result a claim is made therefore. 93. Plaintiff bas been advised and therefore avers that the aforesaid injuries and damages are permanent and a claim is made therefore. 94. Due to the egregious nature of the conduct in question on the part ofthe Defendants, Plaintiff is making a claim for punitive damages in addition to any and all claim he has for compensatory damages. COUNT I GEORGE W. SHIMER v. HELEN GOLD. D.P.M. 95. Paragraphs I through 94 of this Complaint are incorporated herein by reference as if set forth at length. 96. Defendant Helen Gold, D.P .M. is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by her negligence, gross negligence and reckless indifference with respect to George W. Shimer by: (a) Failing to properly treat and monitor Mr. Shimer's condition when Mr. Shimer came under her care. (b) Failing to recommend, order, or prescribe prophylactic antibiotic therapy following any incision made by her into the right foot of Mr. Shimer on or before June 16, 1998 and on or about September 15, 1998 for the purpose of debriding or cutting or removing a com or other abnonnality on the bottom of Mr. Shimer's foot. (c) Failing to recognize the clear and present danger posed to Plaintiff by her total lack of close continual follow up so necessary for a diabetic patient on Coumadin following any incision made by her into the foot of Mr. Shimer on or before June 16, 1998 and thereafter. 12 --,'- -'" -'. - -I' ~"*'>'L (d) Failing to provide and insist upon close continual follow up after making an incision into the foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer was a diabetic now taking Coumadin. (e) Failing to recognize the clear and present danger posed to Plaintiff by reason of her total failure to prescribe necessary and proper antibiotic therapy following any following any incision made by her into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter. (f) Failing to recognize the clear and present danger posed to Plaintiff by reason of her total failure to prescribe necessary and proper antibiotic therapy with close continuous follow up after making any incision into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection because he could not reach or see the bottom of his feet by reason of both his hip replacement and his age. (g) Failing to actually prescribe necessary and proper antibiotic therapy and to then provide close necessary continuous follow up after making an incision into the bottom of the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection if he could not reach or see the bottom of his feet by reason of both his previous hip replacement, his age and the fact that he lived alone. (h) Failing to recognize the clear and present danger posed to Plaintiff by reason of the fact that she knew or should have known that any incision into the bottom of Plaintiffs right foot which broke the skin and penetrated the flesh would be sore and painful and that some residual pain as a result of the incision itself and the continuous chronic pain Plaintiff experienced in the foot before any treatment began in 1988 might hide or mask a possible infection in its early stages. (i) Failing to recognize that Plaintiffs age, the fact that he lived alone, the fact that he was a diabetic, the fact that he was on Coumadin and the fact that he could not bend over far enough 13 . ,~" -- ~ . -II:I'''''~~"""I to reach or self treat the incision made by Defendant on the bottom of Plaintiffs right foot and thereafter which broke the skin and penetrated the flesh all created a highly dangerous situation wherein it was not only likely but highly probable that Plaintiffs foot would eventually become infected. G) Failing to consider the importance of informing Plaintiff or his immediate family of the fact that significant incision(s) had been made on the bottom of Plaintiffs foot in the course of attempted treatment and that such incision(s) presented a clear and present danger of infection if not properly treated and watched closely until the incision was able to heal. (k) Failing to advise Plaintiff that a significant incision had been made on the bottom of his foot on or before June 16, 1998 and thereafter and that the entire area surrounding the incision should be kept clean and protected at all times until it had a chance to heal. (I) Failing to recognize that Mr. Shimer was at an increased risk for developing an infection and implementing the appropriate precautionary measures to prevent the same, including prescribing antibiotics and the utilization of sterile dressings. (m) surgically debriding the foot of a known diabetic when not medically necessary or indicated. (n) improperly and inappropriately debriding the foot of a known diabetic so as to pennit the development of an infection and the degeneration of tissue. (0) Failing to consult with a diabetic specialist at any time during the course of treatment of Mr. Shimer. (P) Failing to refer Mr. Shimer to a specialist for treatment of his foot at any time before November 10,1998. 97. Defendant Helen Gold is liable to the Plaintiff for both compensatory and punitive damages for the injuries as set forth in paragraphs 83 through 94 above, which are incorporated herein by reference as if set forth at length. 14 - ~ Il3iIIh 60:.: I <^'"-",,y~-" WHEREFORE, Plaintiff George W. Shimer demands judgment against Defendant Helen Gold, D.P.M. for both compensatory and punitive damages in an amount in excess of $35,000.00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT n GEORGE W. SHIMER v. HELEN GOLD. D.P.M. (Informed Consent) 98, Paragraphs I through 94 and Count I of this Complaint are incorporated herein by reference as if set forth at length. 99. Defendant Helen Gold, D.P.M. is liable to the Plaintiff George W. Shimer for battery in the fonn of her intentionally inflicting harmful and offensive bodily contact on George W. Shimer by: (a) Realizing that the proposed procedure of making a deep and invasive incision either during one visit or over a period of time into the bottom of Plaintiff s right foot would result in offensive bodily contact with Mr. Shimer; (b) Knowingly performing the proposed invasive procedure on Mr. Shimer without his infonned consent; " , Causing pennanent and substantial injury to Mr. Shimer as a result of the non-consensual an~ (c) unnecessary and ill advised procedure of cutting a deep incision that had little or no chance to heal given the totality of the circumstances of the Plaintiff; (d) Failing to obtain Mr. Shimer's infonned consent to the proposed procedure; (e) Failing to infonn Mr. Shimer fully and properly as to the nature and the extent to which the incision broke the flesh and cut into the flesh of the bottom of his foot; 15 _ ~J lIiili" .... L ~-1<"",,,..,,,,^_ (f) Failing to infonn Mr. Shimer fully and properly of the material risks, possible consequences and alternatives to the proposed invasive procedure; (g) Failing to infonn Mr. Shimer of the possible physical, emotional and psychological consequences if an infection were to occur; (h) Failing to disclose to Mr. Shimer all infonnation material to a decision to cut a deep incision into the bottom of his right foot to remove whatever it was that was a continuing source of right foot pain. 100. Plaintiff George W. Shimer would not have submitted to the aforementioned invasive procedure on or before June J 6, 1998 and thereafter ifhe had known of the undisclosed information, misinfonnation, risks, consequences, side effects and alternatives to the proposed procedure of creating a deep incision in the bottom of his right foot. 10 I. As a result, Plaintiff George W. Shimer sustained injuries and damages as set forth in paragraphs 83 to 94 above which are incorporated by reference as if set forth at length. WHEREFORE, Plaintiff George W. Shimer demands judgment against Defendant Helen Gold, D.P .M. for compensatory and punitive damages in an amount in excess of$35,000.00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT ill GEORGE W. SHIMER v. HOWARD ZLOTOFF. D.P.M 102. Paragraphs I through 94 of this Complaint are incorporated herein by reference as if set forth at length. 103. Defendant Howard Zlotoff, D.P.M. is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by his negligence, gross negligence and reckless indifference with respect to George W. Shimer by: 16 . ",,~,-, I ;.., , -~J<JM&, (a) Failing to properly treat and monitor Mr. Shimer's condition when Mr. Shimer came under his care. (b) Failing to recommend, order, or prescribe prophylactic antibiotic therapy following any incision made by him into the right foot of Mr. Shimer on or before June 16, 1998 and on or about September 15, 1998 for the purpose of debriding or cutting or removing a com or other abnonnality on the bottom of Mr. Shimer's foot. (c) Failing to recognize the clear and present danger posed to Plaintiff by her total lack of close continual follow up so necessary for a diabetic patient on Coumadin following any incision made by him into the foot of Mr. Shimer on or before June 16, 1998 and thereafter. (d) Failing to provide and insist upon close continual follow up after making an incision into the foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer was a diabetic now taking Coumadin. (e) Failing to recognize the clear and present danger posed to Plaintiff by reason of her total failure to prescribe necessary and proper antibiotic therapy following any following any incision made by him into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter. (f) Failing to recognize the clear and present danger posed to Plaintiff by reason of his total failure to prescribe necessary and proper antibiotic therapy with close continuous follow up after making any incision into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection because he could not reach or see the bottom of his feet by reason of both his hip replacement and his age. (g) Failing to actually prescribe necessary and proper antibiotic therapy and to then provide close necessary continuous follow up after making an incision into the bottom of the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not 17 ~, . , "' ~ " >,- _' ."l\:L\l"",w' be able to self treat any subsequent infection if he could not reach or see the bottom of his feet by reason of both his previous hip replacement, his age and the fact that he lived alone. (h) Failing to recognize the clear and present danger posed to Plaintiff by reason of the fact that he knew or should have known that any incision into the bottom of Plaintiff s right foot which broke the skin and penetrated the flesh would be sore and painful and that some residual pain as a result of the incision itself and the continuous chronic pain Plaintiff experienced in the foot before any treatment began in 1988 might hide or mask a possible infection in its early stages. (i) Failing to recognize that Plaintiffs age, the fact that he lived alone, the fact that he was a diabetic, the fact that he was on Coumadin and the fact that he could not bend over far enough to reach or self treat the incision made by Defendant on the bottom of Plaintiffs right foot and thereafter which broke the skin and penetrated the flesh all created a highly dangerous situation wherein it was not only likely but highly probable that Plaintiff s foot would eventually become infected. CD Failing to consider the importance of informing Plaintiff or his immediate family of the fact that significant incision(s) had been made on the bottom of Plaintiffs foot in the course of attempted treatment and that such incision(s) presented a clear and present danger of infection if not properly treated and watched closely until the incision was able to heal. (k) Failing to advise Plaintiff that a significant incision had been made on the bottom of his foot on or before June 16, 1998 and thereafter and that the entire area surrounding the incision should be kept clean and protected at all times until it had a chance to heal. (I) Failing to recognize that Mr. Shimer was at an increased risk for developing an infection and implementing the appropriate precautionary measures to prevent the same, including prescribing antibiotics and the utilization of sterile dressings. (m) surgically debriding the foot of a known diabetic when not medically necessary or indicated. 18 -"~- "~~., .'J#WJ'~""-', (n) improperly and inappropriately debriding the foot of a known diabetic so as to permit the development of an infection and the degeneration of tissue. (0) Failing to consult with a diabetic specialist at any time during the course of treatment of Mr. Shimer. (p) Failing to refer Mr. Shimer to a specialist for treatment of his foot at any time before November 10, 1998. 104. Defendant Zlotoff is liable to the Plaintiff for both compensatory and punitive damages for the injuries as set forth in paragraphs 83 through 94 above, which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff George W. Shimer demands judgment against Defendant Howard Zlotoff, D.P.M. for both compensatory and punitive damages in an amount in excess of $35,000.00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV GEORGE W. SHIMER v. HOWARD ZLOTOFF. D.P.M. anformed Consent) 105. Paragraphs I through 94 and Count ill of this Complaint are incorporated herein by reference as if set forth at length. 106. Defendant Howard Zlotoff, D.P.M. is liable to the Plaintiff George W. Shimer for battery in the fonn of her intentionally inflicting harmful and offensive bodily contact on George W. Shimer by: (a) Realizing that the proposed procedure of making a deep and invasive incision either during one visit or over a period of time into the bottom of Plaintiff s right foot would result in offensive bodily contact with Mr. Shimer; 19 ~. - """-. '~~f~", (b) Knowingly perfonning the proposed invasive procedure on Mr. Shimer without his infonned consent; (c) Causing pennanent and substantial injury to Mr. Shimer as a result of the non-consensual and unnecessary and ill advised procedure of cutting a deep incision that had little or no chance to heal given the totality of the circumstances of the Plaintiff; (d) Failing to obtain Mr. Shimer's infonned consent to the proposed procedure; (e) Failing to infonn Mr. Shimer fully and properly as to the nature and the extent to which the incision broke the flesh and cut into the flesh of the bottom of his foot; (f) Failing to inform Mr. Shimer fully and properly of the material risks, possible consequences and alternatives to the proposed invasive procedure; (g) Failing to infonn Mr. Shimer of the possible physical, emotional and psychological consequences if an infection were to occur; (h) Failing to disclose to Mr. Shimer all infonnation material to a decision to cut a deep incision into the bottom of his right foot to remove whatever it was that was a continuing source of right foot pain. 107. Plaintiff George W. Shimer would not have submitted to the aforementioned invasive procedure on or before June 16, 1998 and thereafter ifhe bad known of the undisclosed information, misinfonnation, risks, consequences, side effects and alternatives to the proposed procedure of creating a deep incision in the bottom of his right foot. 108. As a result, Plaintiff George W. Shimer sustained injuries and damages as set forth in paragraphs 83 to 94 above which are incorporated by reference as if set forth at length. WHEREFORE, Plaintiff George W. Shimer demands judgment against Defendant Howard Zlotoff, D.P.M. for compensatory and punitive damages in an amount in excess of$35,000.00 (Thirty Five Thousand 20 .- '-' ., I~""f'~"", Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT V GEORGE W. SHIMER v. JOHN GILFERT. D.P.M. 109. Paragraphs I through 94 of this Complaint are incorporated herein by reference as if set forth at length. 110. Defendant John Gilfert, D.P.M. is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by her negligence, gross negligence and reckless indifferenc.e with respect to George W. Shimer by: (a) Failing to properly treat and monitor Mr. Shimer's condition when Mr. Shimer came under his care. (b) Failing to recommend, order, or prescribe prophylactic antibiotic therapy following any incision made by him into the right foot of Mr. Shimer on or before June 16, 1998 and on or about September 15, 1998 for the purpose of debriding or cutting or removing a com or other abnonnality on the bottom of Mr. Shimer's foot. (c) Failing to recognize the clear and present danger posed to Plaintiff by her total lack of close continual follow up so necessary for a diabetic patient on Coumadin following any incision made by him into the foot of Mr. Shimer on or before June 16, 1998 and thereafter. (d) Failing to provide and insist upon close continual follow up after making an incision into the foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer was a diabetic now taking Coumadin. (e) Failing to recognize the clear and present danger posed to Plaintiff by reason of his total failure to prescribe necessary and proper antibiotic therapy following any following any incision made by him into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter. 7' -, ~, ... - '~-~ll!I~~""z,., (f) Failing to recognize the clear and present danger posed to Plaintiff by reason of his total failure to prescribe necessary and proper antibiotic therapy with close continuous follow up after making any incision into the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection because he could not reach or see the bottom of his feet by reason of both his hip replacement and his age. (g) Failing to actually prescribe necessary and proper antibiotic therapy and to then provide close necessary continuous follow up after making an incision into the bottom of the right foot of Mr. Shimer on or before June 16, 1998 and thereafter knowing full well that Mr. Shimer would not be able to self treat any subsequent infection ifhe could not reach or see the bottom of his feet by reason of both his previous hip replacement, his age and the fact that he lived alone. (h) Failing to recognize the clear and present danger posed to Plaintiff by reason of the fact that he knew or should have known that any incision into the bottom of Plaintiff s right foot which broke the skin and penetrated the flesh would be sore and painful and that some residual pain as a result of the incision itself and the continuous chronic pain Plaintiff experienced in the foot before any treatment began in 1988 might hide or mask a possible infection in its early stages. (i) Failing to recognize that Plaintiffs age, the fact that he lived alone, the fact that he was a diabetic, the fact that he was on Cournadin and the fact that he could not bend over far enough to reach or self treat the incision made by Defendant on the bottom of Plaintiffs right foot and thereafter which broke the skin and penetrated the flesh all created a highly dangerous situation wherein it was not only likely but highly probable that Plaintiffs foot would eventually become infected. (j) Failing to consider the importance of informing Plaintiff or his immediate family of the fact that significant incision(s) had been made on the bottom of Plaintiffs foot in the course of attempted 22 ; ~ . -,. ,,,- ~.j"~li treatment and that such incision(s) presented a clear and present danger of infection if not properly treated and watched closely until the incision was able to heal. (k) Failing to advise Plaintiff that a significant incision had been made on the bottom of his foot on or before June 16, 1998 and thereafter and that the entire area surrounding the incision should be kept clean and protected at all times until it had a chance to heal. (I) Failing to recognize that Mr. Shimer was at an increased risk for developing an infection and implementing the appropriate precautionary measures to prevent the same, including. prescribing antibiotics and the utilization of sterile dressings. (m) surgically debriding the foot of a known diabetic when not medically necessary or indicated. (n) improperly and inappropriately debriding the foot of a known diabetic so as to permit the development of an infection and the degeneration of tissue. (0) Failing to consult with a diabetic specialist at any time during the course of treatment of Mr. Shimer. (P) Failing to refer Mr. Shimer to a specialist for treatment of his foot at any time before November 10, 1998. Ill. Defendant John Gilfert is liable to the Plaintiff for both compensatory and punitive damages for the injuries as set forth in paragraphs 83 through 94 above, which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff George W. Shimer demands judgment against Defendant John Gilfert, D.P.M. for both compensatory and punitive damages in an amount in excess of $35,000.00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. ")" -~ , -""":.AA>,,' COUNT VI GEORGE W. SHIMER v. JOHN GILFERT. D.P.M. (Informed Consent) 112. Paragraphs I through 94 and Count I of this Complaint are incorporated herein by reference as if set forth at length. 113. Defendant John Gilfert, D.P.M. is liable to the Plaintiff George W. Shimer for battery in the form of her intentionally inflicting harmful and offensive bodily contact on George W. Shimer by: (a) Realizing that the proposed procedure of making a deep and invasive incision either during one visit or over a period of time into the bottom of Plaintiffs right foot would result in offensive bodily contact with Mr. Shimer; (b) Knowingly performing the proposed invasive procedure on Mr. Shimer without his infonned consent; (c) Causing pennanent and substantial injury to Mr. Shimer as a result of the non-consensual and unnecessary and ill advised procedure of cutting a deep incision that had little or no chance to heal given the totality of the circumstances of the Plaintiff; (d) Failing to obtain Mr. Shimer's infonned consent to the proposed procedure; (e) Failing to inform Mr. Shimer fully and properly as to the nature and the extent to which the incision broke the flesh and cut into the flesh of the bottom of his foot; (f) Failing to infonn Mr. Shimer fully and properly of the material risks, possible consequences and alternatives to the proposed invasive procedure; (g) Failing to infonn Mr. Shimer of the possible physical, emotional and psychological consequences if an infection were to occur; ~ , .t~ .'". ""1I;~:I>ilc . (h) Failing to disclose to Mr. Shimer all infonnation material to a decision to cut a deep incision into the bottom of his right foot to remove whatever it was that was a continuing source of right foot pain. 114. Plaintiff George W. Shimer would not have submitted to the aforementioned invasive procedure on or before June 16, 1998 and thereafter if he had known of the undisclosed information, misinformation, risks, consequences, side effects and alternatives to the proposed procedure of creating a deep incision in the bottom of his right foot. 115. As a result, Plaintiff George W. Shimer sustained injuries and damages as set forth in paragraphs 83 to 94 above which are incorporated by reference as if set forth at length. WHEREFORE, Plaintiff George W. Shimer demands judgment against Defendant John Gilfert, D.P .M. for compensatory and punitive damages in an amount in excess of $35,000.00 (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT vn GEORGE W. SHIMER v. ZLOTOFF & ASSOCIATES. 116. Paragraphs I through 94 of this Complaint and Counts I through VI are incorporated herein by reference as if set forth at length. 117. Defendant Zlotoff & Associates, acting though its (their) agent, apparent agent, associate, servant and or employee are liable to Plaintiff for the injuries and damages as alleged herein which were directly and proximately caused by their negligence, gross negligence and reckless indifference and/or the negligence, gross negligence and reckless indifference to the acts of their associate, agent, apparent agent, partner, servant 25 -- - ~,,"l5I.i!l,~:,- . . and/ or employees as set forth in Counts I through VI above, which are incorporated herein by reference as if set forth at length. 118. Defendants Zlotoff & Associates, Howard Zlotoff and John Gilfert are jointly and severally liable to Plaintiff for both compensatory and punitive damages for the injuries as set forth in paragraphs 83 through 94 above, which are incorporated by reference as if set forth at length. WHEREFORE, Plaintiff George W. Shimer demands judgment against Defendant Zlotoff & Associates for compensatory and punitive damages in an amount in excess of$35,000.OO (Thirty Five Thousand Dollars), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory jurisdiction. " <0 '0' "- , ,- , "~ ~HIffi!iL"",", . Date:}~ '3~,.1 . . ~cr,~ 1225 W. Leesport Rd. Leesport, Pa 19533 (610) 926-4278 Counsel for Plaintiff I, George W. Shimer, Plaintiff, do hereby state and affmn that the facts as set forth in paragraphs 1 through 121 of the above complaint and in Counts I, II =d III thereof are true and accurate to my best knowledge and belief. I hereby consent to the filing of the above described Complaint with the Court of Common Pleas of Cumberland County, FA. Date: /3 )'c. ~ :2 CD I / -~"( A'" /J.-{/)j-'1 "LA- George W. Shimer 27 . , CERTIRCATE OF SERVICE I, Meredith A. Marzella, hereby certifY that a true and corre~py of the foregoing Complaint was served upon all counsel of record this I 5 day of -E3(l,Y'UA. tlhti ' 2001, by depositing said copies in the United States Mail at Harrisburg, P'~SYlVania, postage prepaid, First-Class delivery, and addressed as follows: Peter J. Curry, Esquire Richard K. Laws, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Sixth Floor Post Office Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants, Zlotoff & Associates, Helen Gold, DPM, Howard Zlotoff, DPM, andJohn GiIfert, DPM R. J. MARZELlA & ASSOCIATES, P.c. ,-- _~ri*"i'i, J -,' '~, -- - ~d -" ,,,,, .'--" - "., - ~,< ;',- .--,-", ~ CERTIFICATE OF SERVICE I, Kathy 1. Sitler, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Robert Shimer, Esquire c/o 1225 Leesport Road Leesport, PA 19533 Robin J. Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 Date: 1-.:jO -Of lMt-h J >f! ~ KATHY0ITLER ,". '" ^~ --~~- ." ~, - ~~~-~ .., 0; ""..' c",-.~" > ".". "" ~- ,~ - 0..1,' ',," -' ," ""~- ~ -'- ,~-_-., - '" ~-- 0 C"":i 0 ~::.; 'Tl ". , ,,- ::-:1 ~" C:. , ~ ~. , c., . ,-:; 1"""'"'7 / ..',"] (,' , " ~:;; (~ C~~-, '~c"" i:~' ~-~j y~ ~-..;'" ~z () ('1"1 ", "-~ -" '" "'::'-', ~':'::! :...' :i, =< (J1 -< ~-t " J - ",. ',.- .~,- - ;J;' ;'.'_>'_,_ ~ - -C;",~'" ' - ~' - - GEORGE SHIMER, Plaintiff v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 00-6240 CIVIL TERM ZLOTOFF & ASSOCIATES, et ai, :JURY TRIAL DEMANDED Defendants IN RE: DEFENDANTS' PRELIMINARY OBJECinONS Before HOFFER, P.J.. OLER. J. and GUIDO!. J. ORDER OF THE COURT AND NOW, ~.3 ,2001, upon careful consideration of Defendants' Preliminary Objections, it is hereby ordered that the Objections to strike Plaintiff's claim for punitive damages and strike Plaintiff's claim for breach I of informed consent are sustained. By the Court, P.J. Peter J. Curry, Esquire Richard K. Laws, Esquire Thomas, Thomas & Haffer, LLP 305 North Front Street, Sixth Floor a&J Post Office Box 999 ,rl) J; ill Harrisburg, PA 17108-0999 fI ur..-l1f) ( Attorneys for Defendants L- JJ:oy-d I L RXS Robert W. Shimer, Esquire 1225 W. Leespprt Road Leesport, PA 19533 Attorney for Plaintiff ~" '"1 =~ "....~-" , > '-~ or T1;: "'1 rWf' U 1)[. ,.J -i.i~ ,,' ""', "'" (":iT :f\RY "',' I" .;'~ gj'l I ~ ,( L CU'!,>::,; "', "'U", I.\,T" J P....U._i \LJ-";\!,,,I ',..., '_d\l I PENi~SYLVi\i\J1A ~, " _~~JftIIlJI{fQ1 -v'- ""F" ~ HIl~ " __:Ullllf'~~. ,. _ '_'m"'" h ~"",,_, L. ,." ~ _ _' '_'J _ _ "_ --~'o__ " . .'~,,, .~-"'.-h""','~"_" '-'>0- .-_..~ _~''',__"._ "' o . '41:f_--~-' ~ THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Stephanie L. Hersperger, Esquire Identification No. 78735 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7100 Attorneys for Defendants GEORGE SHIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, CIVIL ACTION - LAW HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD To: George Shimer, by and through his attorney, Robert W. Shimer, Esquire 1225 West Leesport Road Leesport, PA I 9533 You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service hereof or the relief requested may be entered against you. THOMAS, THOMAS & HAFER, LLP ~~~ ~/lY- PETERJ.ClijURY,ESQUlRE STEPHANIE L. HERSPERGER, ESQUIRE Attorneys for Defendants _ ~_ _~.- H -- -- ~,~. < " __~"_"'~ >--'''~'. ,,--, '. " _ > ,- '. ~;-: , THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Stephanie L. Hersperger, Esquire Identification No. 78735 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendants GEORGE SHIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PA v. : DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW come the Defendants Helen Gold, DPM, Howard Zlotoff, DPM, and John Gilbert, DPM, and Zlotoff & Associates, by and through their attorneys, Thomas, Thomas & Hafer, LLP, to respond to Plaintiffs Complaint as follows: I. Defendants are without knowledge or information sufficient to either admit or deny the averments contained in Paragraph I of Plaintiffs Complaint and, therefore, pursuant to the Pennsylvania Rules of Civil Procedure, said averments are denied and strict proof is demanded at the time of trial. 2. Admitted. ,~~ ., ' ". "...' - -",., '0 ,- "~, ., '.~ "I,'.~, """, '''' ,,; -'"'"H_ '" , ,',:,,-" 'l__(OO, ..;;.'! , 3. Admitted in part and denied in part. It is admitted only that Defendant Associates is a limited corporation with offices in Camp Hill, Cumberland County, Pennsylvania. The remaining averments contained in this paragraph are denied. 4. Admitted. 5.-19. The averments contained in Paragraphs 5 through 19 are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure I 029( e). 20. To the extent that the averments contained in Paragraph 20 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure 1 029( e). 21. To the extent that the averments contained in Paragraph 21 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure I 029( e). 22. To, the extent that the averments contained in Paragraph 22 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, n\> response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remair/ing averments contained in this Paragraph are denied generally, in accordance with, and pursuaIlt to Pennsylvania Rule of Civil Procedure I 029( e). 2 , ~ "' ".' . -~ - " ,'~-", ~".,r.",' "",,,",j_,~-;""'_-' -'. -'0< -'".;..-,>",~,,:,:;,-'.r /,;' \ -~",' < 23. To the extent that the averments contained in Paragraph 23 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure I 029( e). 24. To the extent that the averments contained in Paragraph 24 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 25. To the extent that the averments contained in Paragraph 25 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure 1029( e). 26. The averments contained in Paragraph 26 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. 27. To the extent that the averments contained in Paragraph 27 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of 3 --~- -- ,----,,~ -- ~,- ,"<,~,- ,--, ^' -~. ~---",-,-~ .L'_ __ ~~,~.j trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure I 029( e). 28. To the extent that the averments contained in Paragraph 28 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure I 029( e). 29. To the extent that the averments contained in Paragraph 29 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure I 029( e). 30. To the extent that the averments contained in Paragraph 25 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. The remaining averments contained in this Paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure 1029( e). It further is specifically denied that any debridement of the corn/abnormality was "reckless". Responding Defendants believe, and, therefore, aver that at all times relevant hereto, the care which they provided was in accordance with the applicable standards of medical care. 31.-45. The averments contained in these paragraphs are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure 1029( e). 4 "~~ ~ ,'-." , ~.".",c,_,,' C_'''-'_ c "_" __ _""~~'.",,_ _ ,~=-,",..,'i?";_"",, '--__.CO , . 46. The factual averments contained in this paragraph are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure I 029( e). The remaining averments contained in this paragraph of Plaintiff s Complaint set forth conclusions as opposed to statement of fact and, therefore, no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. Furthermore, responding Defendants believe and, therefore, aver that at all times relevant hereto, they acted in accordance with the required standards of medical care. 47.-81. The averments contained in these paragraphs are denied generally, in accordance with, and pursuant to Pennsylvania Rule of Civil Procedure I 029( e). 82. The averments contained in Paragraph 82 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and, therefore, no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. 83.-94. Denied as stated. The responding Defendants are without sufficient knowledge or information to either admit or deny the averments regarding damages or injuries contained in Paragraphs 83 through 94 of Plaintiff s Complaint and, therefore, said averments are denied and strict proof is demanded at the time of trial. The remaining averments contained in Paragraphs 83 through 94 of Plaintiffs Complaint set forth conclusions as opposed to statements offact and, therefore, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Moreover, the responding Defendants believe and, therefore, aver that at all times relevant hereto, they acted in accordance with the required standards of medical care. Lastly, the Court has stricken Plaintiff s claim for punitive damages 5 c._~ <_ -~- - ,.,^,' <""-.>~~' , <~"'.-'-- , l~'.' . pursuant to the Court's Order dated December 3, 2001. A true and correct copy of the Court's Order dated December 3, 2001, is attached hereto and marked as Exhibit "A". COUNT I GEORGE W. SHIMER v. HELEN GOLD. DPM 95. The responding Defendant incorporates by reference Paragraphs I through 94 as if the same were fully set forth at length herein. 96(a)-(p). The averments contained in Paragraph 96(a) through (P) of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Moreover, the responding Defendant believes and, therefore, avers that at all times relevant hereto, she acted in accordance with the required standards of medical care. 97. Denied as stated. The responding Defendant is without sufficient knowledge or information to either admit or deny the averments regarding damages or injuries contained in this paragraph of Plaintiffs Complaint and, therefore, said averments are denied and strict proof is demanded at the time of trial. The remaining averments contained in Paragraph 97 of Plaintiff s Complaint set forth conclusions as opposed to statements of fact and, therefore, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Lastly, the Court has stricken Plaintiff s claim for punitive damages pursuant to the Court's Order dated December 3, 2001. See Exhibit "A". WHEREFORE, the responding Defendant demands judgment in her favor and against the Plaintiff. 6 -""n' , J" _.~'''''-, ,A "~. """'""~'o'-'''- .~ ",. . , "f'"t,';:' , . COUNT II GEORGE W. SHIMER v. HELEN GOLD. DPM Unformed Consent) 98. The responding Defendant incorporates by reference Paragraphs 1 through 97 as if the same were fully set forth herein at length. 99(a)-(h). The averments contained in Paragraph 99 (a) through (h) of Plaintiff's Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Furthermote, the responding Defendant believes and, therefore,; avers that at all times relevant hereto, sae acted in accordance with the required standards of medical care. 100. Defendants are without knowledge or information suffiqient to either admit or deny the averme~ts contained in Paragraph 100 of Plaintiffs Complaint and, therefore, pursuant I to the Pennsylvahia Rilles of Civil Procedure, said averments are deI;lied and strict proof is demanded at the time oftriiLl. 101. Denied ~s stated. The responding Defendant is without sufficient knowledge or I information to either admit or deny the averments regarding damages or injuries contained in I I Paragraph 101 of,Plaintiffs Complaint and, therefore, said averments are denied and strict proof I is demanded at the time of trial. WHEREFORE, the responding Defendant demands judgment in her favor and against the Plaintiff. 7 .,_,,'" ''''_'.-'->>,.'"-",>.>,,, -' ,- -O''',u,,'',i'>'_'';,,',.,_,<_..., -Wi_ COUNT III GEORGE W. SHIMER v. HOWARD ZLOTOFF. DPM 102. The responding Defendant incorporates by reference Paragraphs I through 101 as if the same were fully set forth herein at length. 103(a)-(p). The averments contained in Paragraph 103(a) through (p) of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Furthermore, the responding Defendant believes and, therefore, avers that at all times relevant hereto, he acted in accordance with the required standards of medical care. 104. Denied as stated. The responding Defendant is without sufficient knowledge or information to either admit or deny the averments regarding damages or injuries contained in Paragraph 104 of Plaintiff s Complaint and, therefore, said averments are denied and strict proof is demanded at the time of trial. The remaining averments contained in Paragraph 104 of Plaintiff's Complaint set forth conclusions as opposed to statements of fact and, therefore, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Lastly, the Court has stricken Plaintiffs claim for punitive damages pursuant to the Court's Order dated December 3,2001. See Exhibit "A". WHEREFORE, the responding Defendant demands judgment in his favor and against the Plaintiff. 8 "~ :" - " ~ 'h' .~~~,-_, -"0"'" ,'.."_- i~" - J1-., COUNT IV GEORGE W. SIDMER v. HOWARD ZLOTOFF. DPM , (Informed Consent) 105. The responding Defendant incorporates by reference Paragraphs 1 through 104 as if the same were fully set forth herein at length. 106(a)-(h). The averments contained in Paragraph 106(a) through (h) of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and ~o response is required. Nevertheless, said averments are specifically denied and proof thereof is ~emanded at the time of trial. Furthermore, the responding Defendant believes and, therefore" avers that at all times relevant hereto, he acted in accordance with the required standards of medical care. 107. Responding Defendant is without knowledge or inform~tion sufficient to either admit or deny the averments contained in Paragraph 107 of Plaintiffs C?mplaint and, therefore, pursuant to the Pennsylvania Rules of Civil Procedure, said averments are denied and strict proof , is demanded at the time of trial. 108. Denied as stated. The responding Defendant is without ~ufficient knowledge or information to either admit or deny the averments regarding damages br injuries contained in Paragraph 108 of Plaintiff s Complaint and, therefore, said averments ar~ denied and strict proof is demanded at the time of trial. I WHEREfORE, the responding Defendant demands judgment in lpis favor and against the Plaintiff. 9 ,'"- < i!."~_'! , COUNT V GEORGE W. SHIMER v. JOHN GILFERT. DPM 109. The responding Defendant incorporates by reference Paragraphs I through 108 as if the same were fully set forth herein at length. 1l0(a)-(P). The averments contained in Paragraph 1l0(a) through (P) of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Furthermore, the responding Defendant believes and, therefore, avers that at all times relevant hereto, he acted in accordance with the required standards of medical care. III. Denied as stated. The responding Defendant is without sufficient knowledge or information to either admit or deny the averments regarding damages or injuries contained in Paragraph III of Plaintiff s Complaint and, therefore, said averments are denied and strict proof is demanded at the time of trial. Lastly, the Court has stricken Plaintiffs claim for punitive damages pursuant to the Court's Order dated December 3, 2001. See Exhibit "A". WHEREFORE, the responding Defendant demands judgment in his favor and against the Plaintiff. 10 - ~, " <- ,. " , ~- -~ >~ C" _., ,,,,.,,. =.,~~- , ." '" , - ~~-,'f ~"~_~""'_""""_'__"_~/~ '~-r , "" .' "-'i COUNT VI GEORGE W. SillMER v. JOHN GILFERT. DPM (Informed Consent) 112. The responding Defendant incorporates by reference Paragraphs I through III as if the same were fully set forth herein at length. 113(a)-(h). The averments contained in Paragraph 113(a) through (h) of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Furthermore, the responding Defendant believes and, therefore, avers that at all times relevant hereto, he acted in accordance with the required standards of medical care. 114. Responding Defendant is without knowledge or information sufficient to either admit or deny the averments contained in Paragraph 114 of Plaintiff s Complaint and, therefore, pursuant to the Pennsylvania Rilles of Civil Procedure, said averments are denied and strict proof is demanded at the time of trial. 115. Denied as stated. The responding Defendant is without sufficient knowledge or information to either admit or deny the averments regarding damages or injuries contained in Paragraph 115 of Plaintiff s Complaint and, therefore, said averments are denied and strict proof is demanded at the time of trial. WHEREFORE, the responding Defendant demands judgment in his favor and against the Plaintiff. 11 c', =- "- >, ,< -~ ,<".",'~ -,_n"_ '~'"O" ,'C_' - '-" 0" ~ilia> COUNT VII GEORGE W. SIDMER v. ZLOTOFF & ASSOCIATES 116. The responding Defendant incorporates by reference Paragraphs 1 through 115 as if the same were fully set forth herein at length. 117. The averments contained in Paragraph 117 of Plaintiff s Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. To the extent a response may be deemed required, since Plaintiff has failed to specifically identify the agents, apparent agents, associates, servants and/or employees, responding Defendant is unable to further respond and proof is demanded at the time of trial. By way of further response, responding Defendant believes and, therefore, avers that at all times relevant hereto, it acted in accordance with the required standards of medical care. 118. Denied as stated. The responding Defendant is without sufficient knowledge or information to either admit or deny the averments regarding damages or injuries contained in Paragraph 118 of Plaintiffs Complaint and, therefore, said averments are denied and strict proof is demanded at the time of trial. The remaining averments contained in Paragraph 118 of Plaintiff s Complaint set forth conclusions as opposed to statements of fact and, therefore, no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Lastly, the Court has stricken Plaintiff s claim for punitive damages pursuant to the Court's Order dated December 3, 2001. See Exhibit "A". The Court 12 ,~"-"~-_. '~'." - ",-., .",- "_'_~".'- -1lO...-",,;, . further has stricken Plaintiff s claim for breach of informed consent against Defendant, Zlotoff & Associates. See Exhibit "A". WHEREFORE, the responding Defendant demands judgment in its favor and against the Plaintiff NEW MATTER I 19. The responding Defendants incorporate Paragraphs I through I 18 of this Answer as if set forth at length herein. 120. Plaintiff failed to state a cause of action against responding Defendants upon which relief can be granted. 121. Responding Defendants raise all affirmative defenses of the HealthCare Services Malpractice Act, as amended. 122. For the purposes of preserving the same and subject to further discovery, all or some of Plaintiff s claims are time-barred due to the expiration of the applicable statute of limitations. 123. For the purpose of preserving the same, and subject to discovery, all or some of Plaintiff s claims may be barred pursuant to the affirmative defenses of release, offset, or accord and satisfaction. 124. In the event it is determined that responding Defendants were negligent with regard to any of the allegations contained in and with respect to Plaintiff s Complaint, said allegations being specifically denied, discovery may establish that said negligence was superseded by the intervening negligent acts of other persons, parties, and/or organizations other I3 " -...->' ,.',,," '..,,," '-<",,",,""'-"-,. ,-.'-- < '""'->....,F-- ''''~j',- f~,~". , than responding Defendants and over whom said responding Defendants had no control, right, or responsibility and, therefore, responding Defendants are not liable. 125. Plaintiffs injuries and losses, if any, were not caused by the conduct or negligence of responding Defendants but rather were caused by pre-existing medical conditions and causes beyond the control of responding Defendants and, therefore, Plaintiff may not recover against responding Defendants. WHEREFORE, responding Defendants, Helen Gold, DPM, Howard Zlotoff, DPM, John Gilfert, DPM, and Zlotoff & Associates, demand judgment in their favor without cost to them. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~4cz,n g ..:f!, ~/JIJ/'SO-- PETER . CURRY, ESQUI r STEPHANIE 1. HERSPERGER, ESQUIRE Attorneys for Defendants 14 .~ 'C-', ~, _" "._. '."'-~~""-,-lL"''',,-,, :J' [lEe Illi 201)1 GEORGE SHIMER, Plaintiff v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA :NO. 00-6240 CIVIL TERM :JURY TRIAL DEMANDED ZLOTOFF & ASSOCIATES, etal. Defendants IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS Before HOFFER. P.J.. OLER. J. and GUIDO. J. ORDER OF THE COURT AND NOW. ~ 3 .2001. upon careful consideration of Defendants' Preliminary Objections. it is hereby ordered that the Objections to strike Plaintiff's claim for punitive damages and strike Plaintiff's claim for breach of Informed consent are sustained. By the Court, P.J. Peter J. Curry, Esquire Richard K. Laws. Esquire Thomas, Thomas & Haffer, LLP 305 North Front Street, Sixth Floor Post Office Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants Robert W. Shimer, Esquire 1225 W. Leesport Road teesport. PA 19533 Attorney for Plaintiff ... .. EXHIBIT i I A ~ . ! ."" ~---,- ."--- . '~~~ '~L , ---. e '__~,,_.~- C~_':C ,,: ;: _h '!' VERIFICATION 1, Howard Zlotoff, on behalf of Zlotoff Associates, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of Pa. c.s. 84904 relating to unsworn falsification to authorities. Howard Zl to On behalf of Zlotoff ASSOCla e Date: <.a \ \ '5L 1;)\ 0._,__ _,. c"~ C,"',_, ,- , ~,- - ....~"- .,# VERIFICATION I, Howard Zlotoff, DPM, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of Pa. e.s. 94904 relating to unsworn falsification to authorities. Date: ~ ~ \ '? \0\ H~ - ~',- "-.,-~, -<- ,", -- -""'--.., ~"""":_ _ -'~'" -y, 'n '"",_;,, r'b-,' , ,,_., '''_"",,' '_;'0" ~ ,( c VERIFICATION I, Helen Gold, DPM, hereby swear and affirm that the facts and matters set forth ill the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of Pa. c.s. ~4904 relating to unsworn falsification to authorities. Date: CJ4lA' JU*,- Helen cld, DPM . ~ "" --' ~" ' - .", . '0' -,"'':'''':''- -,,_ - ~',\'L''';', ,t. VERIFICATION I, John Gilfert, DPM, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of Pa. c.s. 94904 relating to unsworn falsification to authorities. Date: .~ - -~" ,,- _" - <,' ""'"~, , ,,' -~ - b~-'-,"_,-- - ~ .'> """--'~-'~'J"- .. . CERTIFICATE OF SERVICE I, Kathy L. Sitler, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Robert Shimer, Esquire c/o 1225 Leesport Road Leesport, PA 19533 Robin 1. Marzella, Esquire 3 513 North Front Street Harrisburg, PA 17110 Date: 9Qrrz..L~ 0 r;;:XX::iQ ~ Yk)d::ILt KATHY . SITLER ,." ~'" ~ " ,L__,J "li,lli)[)";';', '^ L_~ .,_.-"~"",,,^ """,I ~RfiilIliI-n'- U~~__,,,~= 1,., _ ,,_~,,_""" -,_<t_" ""'- > -,. ~ ' ,,;,- W'" -" '" ,~ i.. (0 (:::J. 0 C f'..;. ,I s: . "\) t:~] -'~~;. IT, r,""_ :<:, ':1 ./:. !",- --, (j~j >,~ .:}.-~ '---' ~ :~~) "--~: .'1::1 , ~ - C) -,. ~ - ,~.) SO; C;~ ~-? 1....) , 11 ( ~ Z c_- """:': -.-) 5:1 -< ...j -< ... - ~ . ". .~~ -- "",_"dk, I. " \J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW GEORGE W. SHIMER DOCKET NO. 006240 CML ACTION -LAW Plaintiff v. JURY TRIAL DEMANDED Helen Gold, D.P.M. And Howard Zlot0ff, D.P.M. And John Gilfert, D.P.M. And Z1otoff & Associates Defendants r.yINJJFF'~ RESPQNSt TO DEFtm>ANTS ANSWER WITH NEW MA.'fl'U AND NOW comes the Plaintiff George W. Shimer by and thorough his attorney Robert W. Shimer to respond to Defendant's Answer With New Matter as follows: For each and every Matter including all New Matter raised in Defe!1dant's Answer With New Matter to Plaintiff's Complaint, Plaintiff hereby states that the allegations of Defendants state a conclusion of law to which no response is necessary. To the extent to which a response may be required with respect to Defendants Answer generally and specifically with respect to all New Matter raised by Defendants, Plaintiff states as fullows with respect to the following paragraphs of Defendants Answer: I ~~" ~","",*"..-' ..... . 1. With respect to paragraph 119 which incorporates paragraphs 1 through 118 of Defendants Answer, Plaintiff denies as true any allegations of fact stated by Defendants and states that at trial he shall establish as true all of Plaintiff's allegations of fact contained in his Complaint with respect to the Defendants. All other allegations of Defendants contained in said paragraphs 1 through 118 are conclusions of law to which no response is necessary. 2. With respect to paragraph 120 of Defendants' Answer which alleges that Plaintiff failed to state a cause of action against Defendants upon which relief can be granted, Plaintiff responds that said allegation states a conclusion of law to which no response is necessary. 3. With respect to paragraph 121 of Defendants' Answer which raises all affirmative defenses of the HealthCare Services Malpractice Act, it is specifically denied that any affirmative defenses of the HealthCare Services Malpractice Act are successfully available to Defendants and Plaintiff further responds that said pleading states conclusions of law to which no response is necessary. 4. With respect to paragraph 122 of Defendants' Answer, it is specifically denied that Plaintiff's claims are time-barred due to the expiration of the applicable statute of limitations. 5. With respect to paragraph 123 of Defendant's Answer, it is specifically denied that Plaintiff's claims may be barred pursuant to the affirmative defenses of release, offset or accord and satisfaction. 6. With respect to Paragraph 124 of Defendants' Answer, it is specifically denied that discovery shall establish that said negligence of Defendants was superseded by the intervening negligent acts of other persons, parties, and/or organizations other than Defendants over whom Defendants had no contro~ right or responsibility. -2- ~~"'o&"""""'_,,,-,b.,; . - .~ 7. With respect to paragraph 125 of Defendant' s Answer, it is specifically denied that Plaintiff's injuries and losses were not caused by the conduct or negligence of responding Defendants but by pre- existing medical conditions and causes beyond the control of responding Defendants. Wherefore, Plaintiff responds and respectfully requests the court to deny the demand of Defendants for judgment in their favor without cost to them. . ed, . Shimer, Esquire 3 _ u.~. - ",,'.-' ......~- ;';'!~.,b' . CERTIFICATE OF SERVICE I, Robert W. Shimer, Esq. an attorney residing at 1225 W. Leesport Rd., Leesport, PA 19533 do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Peter J. Curry, Esquire Stephanie L. Hersperger, Esquire c/o Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Date: January 16,2002 "c'" 1:;',"-'-- >, ~ ., ,~O".. W~dlilii~"5'k:,.ii:I<<.,;e\irlili~~.;iili_~~- ,_" I., -- -~< ~ " " , <-, ~- ~ ,~_ 0- ~.. ~- - =~~ - Cl c: ~-:-.- tinj~: ~~! ~C~ ~:-C~ L': CJ >C"- :2 :;.J r-, 1''':::. ::~ "p ...",- "~.i '>-"',{"-! :;2, " ",'''1'' ;::~: Il'r~; u 1;;) ~'"; 11 -< <'0 j! . -. ~ ,'~ ,< "'-' ~- -, ~'_,c_,,,, _',",," (;,-ij THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendants GEORGE SHIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A v. : DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, : CIVIL ACTION - LAW Defendant PRAECIPE TO FILE ORDER OF LIQUIDATION ISSUED BY THE COMMONWEALTH COURT OF PENNSYLVANIA FEBRUARY 1,2002 TO THE PROTHONOTARY: Please file of record the attached Order of Liquidation issued by the Commonwealth Court of Pennsylvania February I, 2002. The party/parties represented by Peter J. Curry, Esquire are insured by PHICO Insurance company and, therefore, the provisions of the Order of Liquidation, including paragraph 24, apply to the above-captioned case. Dated: February 25, 2002 " ," ""- ~ IiIo.JIl..il"""~llilc,,,,",,.!i",' IN THE COMMONWEALTH COURT OF PENNSYLVANIA M. Diane Koken, Insurance Commissioner ofthe Commonwealth of Pennsylvania ~, Plaintiff ,....., "- ," "" v. No. 427 M.D. 2001 PHICO Insurance Company One PHICO Drive P.O. Box 85 Mechanicsburg, P A 17055-0085 Defendant 1-' ~ 00"1" - - = r--o ORDER OF LIQUIDATION AND NOW, this 1 sl day of February, 2002, upon consideration of the Petltionfor Liquidation (Petition)'dfi1ed by Diane Koken, Insurance COnunlssiouer of the Commonwealth of Pennsy1vapja (Commissioner), in her capacity as Statutory Rehabilitator of PBICO Insurance CompanY (pRICO), in accordance with Article V of the u:~urimce DepartIl!ent Act (Act), Act of 1921, as amended. 40 P.S. ~g2n-221.63: and the Consent thereto, it is hereby' ORDERED and DECREED that said Petition is GRANTED. It is further ordered and decreed that: 1. The rehabilitation of PHICOcommenced under this court's order of August 16,2001 is hereby terminated. "~,~ .......~~~~ "~"'-'.. -"*r"'~'" 2. PHICO is hereby found to be and is declared to be insolvent, as that telm is defined in 40 P.S. ~221.3 and as provided in 40 P.$. 99221.14(1) am:! 221.19. 3. The Commissioner (inducting her successor:.s in office) 1S hereby appointed Liquidator of PHICO. The Liquidator (including her successors and designees) is directed to take possession of PRICO's property, business and affairs as Liquidator, to liquidate PRICO in accordance with Article V of the Act and to take slich action as the Liquidator. deems to be in the interest of policyholders, creditors or the public. 4. The'LiqUidator is hereby vested with all the powers, rights and duties authorized lll1derthe Act arid other applicable law and regulation. ASSETS OF THE ESTATE 5.. The .:8ommissioner, is Liquidator, is veste~ with title to all property, assets, contracts and rights of action .(assets) of PRICO, of whatever nature and wherever located, whether held directly or indirectly, as of the date of - the :filing of the Petition. . All assets of PRIeO are hereby foundto be in custodia legis ofthiscourt; and this court specifically asserts, to the fullest extent afits authority, (a) in rem jurisdiction overall assets of PffiCO wherever they maybe located and regardless of whether they are held in the name of PRICOor any other name; (b) exclusive jurisdiction over all detenninations of the validity and amount of claims against PHICO; and ( c) exclusive jurisdiction over the determination of the distribution priority of all claims against PHICO. 2 - ':1.. ''''''.o''"''''''-'"''"-''''t 6. The filing or recording of the Order with the clerk of the Commonwealth Court or with the recorder of deeds of the county in which its plincipal office is located (Cumberland County, PA) shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or rec.orded with that recorder of deeds would have imparted. 7. All banks, investment banks, or other companies, other entities or' other persons having in their possession assets which are, or may be, the property of PHI CO, shall, unless otherwise instructed by the Liquidator, deliver the possession of the same immediately to the Liquidator, and shall not disburse, convey, transfer, pledge, assign, hypothecale,encumber orin any manner dispose of the same without prior written consent of, or unless directed in writing by, the Liquidator. 8. All c'persons and. eOOties, including but. not limited to aCCOlll1tants, auditors, bankers, trustees and actua.Ties, are enjoined from disposing of or destroying any documents; correspondence or records, regardless of how maintained (i.e. email, electronic, magnetic, etc.) pertaining or relating to, whether directly or indirectly,' PRICO, or its subsidiaries and affiliates, including but not limited to documents pertaining or relating to any transactions between PRICO, its subsidiaries and affiliates and any party.. 9. The amount recoverable by the Liquidato~ from any reinsurer shall not be reduced as a result of the Order of LiquidatiQJ, regardless of any ~ .) . ~ ~ - -!'iJ;u"''''''J,,,,',,,,,,~ir'-!"''t, provision in a reinsurance contract or other agreement. Payment made directly by a reinsurer to an insured or creditor of PRICO shall not diminish the reinsurer's obligation to PRICO, except to the extent provided by law. ;; " 10. All agents, brokers or other persons having ~old policies of insurance issued by PRICO shall account for and pay all unearned commissions and all premiums, collected and uncollected, for the benefit of PRICO directly to the Liquidator, within thirty (30) days of notice of tbis Order. No agent, broker, r~insurance intermediaI)' or other person shall disbmse .or use monies which come into their possession and are owed to, or are claimed by, PRIeo for any purpose other than payment to the Liquidator. . 11. Upon spedfic written instruction by the Liquidator, all attorneys retained by PRIeO or performing legal services for PRICO sh~n, within . thirty (30) days of such request, report to the Liquidator thenaIIle, company claim number (if applicable),and status of each matter they arehandJing on behalf of PRICO. Said report shall include an accounting of any funds received from or on behalf of PRIeO 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 PHICO shall maintain such service and create a new account for the Liquidator as of the effective date of this Order. 4 .iiIrii._ ---""':1.-;-_:D,\~,,,;~i 13. Unless otherwise instructed by the Liquidator, any persons or entity having custody or control of any data processing information and records (including but not limited to source documents, all types of electronically stored documents and information, master tapes or any other recorded information) relating to PRICO or its subsidiaries or affiliates, shall transfer custody and control . - of such records, in a form readable by the Liquidator, to the Liquidator. 14. Unless instructed otherwise by the Liquidator, all persons and entities furnishing claims processing or data processing services to PHICO shall maintain such services and transfer any such accounts to the Liquidator as of the effective date of this Order. 15. PilleD, each of its subsidiaries and affiliates, and their respective present and former officers, directors,: trustees, employees, consultants, agents 'and attorneys, and any and.all other persons, .shaIl: (a) surrender peacefully. y . ' . to the Liquidator the p~emises where pmco conducts its busin~ss;(b) deliverall. keys or access codes thereto and to any safe deposit boxes, and advise the Liquidator of the combinations or access codes of any safe or safekeeping devices - of PHICO or any password or authorization code or access code required for access to data processing equipment; (c) deliver and surrender peacefully to the Liquidator, all of the assets, books, records, files, credit cards, or other property of PRICO in their possession or control, wherever located; and (d) otherwise advise and cooperate with the Liquidator in identifying 'and locating any and all of the foregOIng. 5 . - ~m_lAAiI<<"""'W~ 16. Except for contracts' of insurance and for remsurance, all executory contracts to which PHICO is a party as of the effective date of this Order are hereby disavowed, and will stand as disavowed, unless specifically affirmed by the Liquidator within 120 days of the effective date of this Order. Any ~isavowal under this provision shall not be an anticipatory breach of any such contract. All inderrmification agreements entered into by PRICO during the rebabilitation are hereby affinned, and the Liquidator is hereby indemnified by the estate ofPRICO, as an administrative expense, to the fullest extent permitted by law. CONTTh'UATION AND CANCELLATION OF COVERAGE 17. An policies and, contracts of insurance issued by PRICO are cancelled and tenninated for all purposes upon the earliest of the following dates: (a) thirty days from the effective date of this Order; (b) until the expiration of the . policy or contract; Cc) until. the insured has replaced the insurance coverage with equivalent insurance with ~other insurer or othenvise tenninated the policy; or Cd) . .:" until the Liquidator ha.s"effected a transfer of the policy .obli~ation pursuant to section 221.23(8) of the Act. WORKERS' COMPENSATION CLAIMS 18. For a period 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 payment in full of the claims under policies of workers' compensation by ITJ.2king the facilities, computer systems, books, records and arrangements with third party administrators (to the extent possible) of PHICO available for the processing and payment of such claims, to any affected 6 ~ ~ "-~"_'''"'"""'''_tAi_C guaranty association (or other entity that is the functional ~quivalent) and to states and state officials holding statutory deposits for the benefit of such workers' compensation claimants, provided, however, that such guaranty associations, states or state officials shall provide or make available the funds to make th~ actual payment of such claims. In circumstances where a guaranty association certifies in v.rriting to the Liquidator that it does not have the immediate abi-lity to fund the payment of workers' compensation claims that are its obligation by law, the Liquidator is authorized to advance the funds, if available, from PHIeO to pay s}lch claims on a temporary basis for a period not to exceed 90 days, provided that the guaranty association enters into a written agreement that such advances shall be treated as a distribution pursuant to 40 P.S. S221.36. The Liquidator shall have the discretion to accept such interim assurances as she deems adequate in lieu of a fonnal agreement. NOTICE AND PROCEDURE FOR FILING CLAJMS 19. The ..J:.iquidator shall-use good faith effons. to give notice by first-class mail to all entities or persons which or who may have claims against PRIeO, contingent or otherwise, as disclosed by its books and records, and advising claimants to file with the Liquidator their claims together with proper proofs thereofon or before April 1, 2003. The Liquidator shall also cause a notice to be published in newspapers of general circulation where PHTCO has its principal place of business, as well as in the national edition of the Wall Street Journal, (a) specifying the last day for the filing of claims; (b) advising all 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 their claim; and Cd) 7 '~~"~TI~i"," advising all such persons of tbeir right to present their claim or claims to the Liquidator. Any and all persons, firms or corporations having or claiming to have any accounts, debts, claims or deIIlliDds against PHICO, contingent or otherwise, or claiming any right, title or interest in any funds or pTOperty in the possession ofthe Liquidator are required to file with the Liquidator at the location Qesignated in the above-described notices, on or before the date specified by the Liquidator as the last date upon which tei fIle a claim, a properly completed proof of claim or be thereafter barred as claimants against any assets in the possession of the Liquidator, unless a late filing is permitting under 40 P.S. 9221.37. No person or entity shall be eligible to participate in any distribution of tl1e assets of PHICO unless such claims are filed or presented in accordance \",ith and within the time limit and procedures established by the Liquidator, subject to the provisions for the late filing of claims at 40 P.S. g221.37. EXPENSES. PAYMENTS AND LA WSUlTS 20, Wi~out film:g a petition for distribution, th~ Liquidator shall have the discretion to pay as costs and expenses of administration pursuant to 40 P.S. S221.44, the actual, reasonable and necessary costs of preserving or_ recovering assetS of PHI CO and the costs of goods or services provided to and duly approved by PRICO (In Rehabilitation) during the 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 interested in this estate determined in accordance with the Act as of the date affiling of the Petition for Liquidation. 8 ~ ~" --, " " " ~-~ - -- ~",~,,,,',....a"J..,,_"~: 21. PHI CO, its subsidiaries and affiliates, and their respective directors, officers, trustees, employees, attorneys, brokers, consultants, agents, policyholders, and creditors, and any other persons, wherever located,.fxcep~oat the direction of the Liquidator, are enjoined from: (a) the transaction ~f further business on behalf of or for PRICO, (b) the transferring, selling, terminating, canceling, disbursing, disposing of or assigning any assets, funds or other property of PHICO, (c) the institution or further prosecution of any actions in law or equity on behalf of or against PHICO, (d) attempting to collect unpaid premiums, dgductibles or self-insured retentions from PIDeO's. insureds, and (e) taking any other action wmch might or would lessen the value ofPRICO's assets or property,. prejudice the rights and interests of PRICO's policyholders and creditors, or interfere in the administration of the liquidation proceeding. 22. PRICO, its subsidiaries and affiliates, and their respective directors, officers, truste~.~, employees, attorneys, brokers,. co~ultants, agents~ policyholders, and creditors, and any other persons, wherever located, are enjoined - . from: . (a) concealing or destroying any assets, funds or other property of PHI CO I (b) any interference, in any manner, with the Commissioner or her designees in liquidating PHICO's business and affairs., (c) any waste of PRIeo's assets or property, (d) the dissipation or transfer of PHI CO's bank accounts and negotiabl.e instruments, (e) the obtaining of preferences, judgments, attaclunents, garnishments or liens. against PHICO's assets, property and policyholders, (f) the levy of execution process against . PRICO and its assets, property and policyholders, (g) the negotiation or execution of any agreement of sale or deed conveying personal or real property of PRIeO for nonpayment of taxes or 9 ~~ '--_I'll ._~ . I_"""",,-,"'.",,~q'- assessments or for any other purpose, (h) withholding from the Liquidator or removing, concealing, transferring or destroying books, accounts, documents, policies or policy-related documents or other records relating to PI-lICO's business, and (i) making any assessments or indirectly collecting such assessments by setting them off against amounts otherwise payable to FRICO. 23. No action at law or equity, including but not limited to arbitrations and mediations, shall be brought against PHICO, the Liquidator, or the Commissioner in her capacity as Liquidator, whether in this Commonwealth or elsewhere, nor shall any such existing action be maintained or further prosecuted after the effective date of this Order, All actions, including arbitrations and mediations, currently pending against PRICO in the courts of the Commonwealth of Pennsylvania or elsewhere,. are hereby stayed indefinitely.. AJI .actions, arbitrations and mediations againstPHICO, the Liquidator, or the Commissioner in her capacity as Rehabilitator or Liquidator, shall be submitted and considered as claims in a liquidation proceeding. Only in the event that a p~ claiIJl.B that the Liquidator, or the Commissioner in her capacity as Rehabilitator or Liquidator, has acted outside her statutory authority or in a manner contrary to law, may that party file a petition for review seeking reliefin this court. . 24. Unless waived or otherwise agreed by all of the parties thereto and the relevant guaranty association, all actions in which PHICO is or may be obligated' to defend a party in any court are stayed to the extent provided by applicable law, subject to further order of the court. The Liquidator may 10 '~ > {.--- ",;~ ~ ~ <t'i_'."'~,,"d't.., cooperate, upon request of a guaranty association, in seeking a stay of any action, as authorized under applicable Jaw. 25. No verdict, judgment or order against PHlCO or its insureds entered after the date of filing of the Petition for Liquidation, ~d no verdict, judgment or order against PRICO entered at any time by default .or by collusion, need be considered as evidence or proof of liability or quantum of damages by ,he Liquidator. 26. No action or proceeding in the nature of an attachment, garnishment, or execution shall be commenced or maintained in this Commonwealth or elsewhere against PRICO, the Liquidator, or the Commissioner in her capacity as Liquidator, or their assets. . 27. All secured creditors or parties, pledgees, lienholders, collateral holders or other perso!ls claiming secured; priority or preferre~ interests in any property or assets of PRIeO are hereby enjoined from taking :my steps whatsoever to transfer, sell, assign, encumber, attach, dispose of, or exerc:se, purported rights in or against any property or assets of PRICD, except as provided in 40 P.S. 9221.43. 28. The Liquidator is au.thorized, in her discre:ion, to identify, seek and recover PHreO assets held by (a) the Supplemental Re;;rement Income Plan Trust; (b) the Directors' Deferred Compensation Plan Trus;~ or (c) any rabbi or other trusts or plans \\;ith respect to benefits or other value c remuneration to be 11 ......~-~~~~~'" provided to members or fOmler members of management or highly compensated employees of Pill CO or any of its subsidiaries or affiliates. 29. This Order shall be effective on February 1, 2002 and supersedes this court's order of August 16, 2001. 30. The Liquidator, through her counsel, is hereby directed to serve a copy of this Order upon all parties of record. The Liquidator, through her com,sel, is directed to file with the COUlt in the Office of the Prothonotary, 9rl1 Floor, Widener Building, 1339 Chestnut Street, Philadelphia, PA 19107, an affidavit th,at such service has been effectuated. 31. Any correspondence to the Liquidator (as opposed to counsel to the Liquidator) shall be directed as folloyrs: Statutory. Liquidator, PHlCO Insurance Company (In Liqqidation), ~.O. Box 2025, Mechanicsburg, P A 17055. ~u__ 1~f~J~ ~ /d. _ _ r --"" ROCHELLE S. FRIEDMAN, Judge 12 "".,'" - - ~ ,'- ',',,' _" -,_: ,.c_ ~. , ,-,,_,_)_~,. .--- - ,,-,', ~ - - ~"~-ti'-' . CERTIFICATE OF SERVICE I, Tracy 1. Paris, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certifY that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Robert Shimer, Esquire c/o 1225 Leesport Road Leesport, PA 19533 Robin J. Marzella, Esquire 3513 North Front Street Harrisburg, P A 1711 0 Date: ).~~I.r P)- Trac2J~ ~ ~ ssc" ___ -~ ,,;., ,-;,~o," " ..f"", '''''~' ~"'~_'1, ", ,,-I:' 'V..--f' ",," .r"'":,, - '-.1- --~~"'- &li:iiIit...... _N,_P<. '''-' ~,,___ 'd ');,,-- , ,~-""' " ,,~- ',- - - 'c, ~ ,w ~-- "^' ." , 0 c) ~"2 ~,; 1'0 S.. J;: -CJr) Ci:'~ 1 :-0 fTjn :-.j ,-- ~f) ,.,.., , '" f':::T (fJ ,,;'" U-l r"~l -<: .::..., "I" r:: Cj " , (m) .~ "1>_ ~" C-~) ZC,; -;. " rn .:;:-C, ~) '--' ..>-""c: -! z: %:: =2 (J] =< Ff, .0' -, - ~~ .,-~- '~'>"''''o'o,~.-"-,q__.-,,,,_^ .^ '._H" j)-,.! THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esq. Identification No. 17884 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants GEORGE SHIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA v. : DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, : CIVIL ACTION - LAW HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiff and His CO\l11sel: You are hereby notified to plead to the enclosed Amended New Matter to Plaintiffs Complaint of Defendants within twenty (20) days of service hereof or the relief requested may be entered against you. THOMAS, THOMAS & HAFER, LLP ~~, EVAN BLACK, ESQ. Attorneys for Defendants Date: S. ). ~,,. ~ , -. ~-- -... ,-- ~- .~ . '" -, -"--"' i",-'~',-'o"-; _- " '-""~:-'i THOMAS, THOMAS & HAFER, LLP By: Evan Black Identification No. 17884 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorney for Defendants GEORGE SIDMER, Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PA v. : DOCKET NO. 00-6240 Civil Tenn ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED AMENDED NEW MATTER TO PLAINTIFF'S COMPLAINT OF DEFENDANTS Defendants Zlotoff & Associates, Helen Gold, DPM, Howard Zlotoff, DPM and John Gilfert, DPM, hereby amend their New Matter to the Complaint! Amended Complaint to include the following avennents: 1. Defendants Zlotoff & Associates, Helen Gold, DPM, Howard Zlotoff, DPM and John Gilfert, DPM, were insured under a policy issued by PIDCO Insurance Company ("PIDCO"). 2. The Commonwealth Court of Pennsylvania entered an Order of Liquidation with a finding of insolvency against PIDCO on February 1, 2002. 3. As a result of the Order of Liquidation, the provisions of 40 P. S. S991.1817(a) apply to the Plaintiff s claims. This provision provides in pertinent part that: "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 third-party claim, and shall include, without limitation, accident and health insurance, workers' ~,'--"'" ~ 0'" -0('""",_ ,~~ _,'r_,__ -~ - ~ '"- -" 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." 40 P. S. ~991.l817(a). 4. Plaintiff is required frrst to exhaust his rights under any insurance policy, including but not limited to claims under accident and health insurance, workers' compensation, Blue Cross and Blue Shield, and all other coverages except for policies of an insolvent insurer. 5. It is believed and therefore averred that certain or all of Plaintiff's medical and other bills for which Plaintiff seeks recovery in this action were paid and/or are payable under accident and health insurance, workers' compensation, Blue Cross and Blue Shield or other insurance. 6. Plaintiff s recovery or rights of recovery under all other insurance reduce any amounts payable by the Pennsylvania Property and Casualty Insurance Guaranty Association and to the same extent Plaintiff's claims against the Defendants are also reduced. Respectfully, THOMAS, THOMAS & HAFER, LLP ByEV~ Date: S';) t.~'2-- Attorneys for Defendants 2 . ~_~'~N~ '<0""''-__',")'"<"' - ~ '" VERIFICATION I, Evan Black, Esq., attorney for the Defendants, hereby state and aver that the factual statements contained in the foregoing Amended New Matter to Plaintiffs Complaint of Defendants are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: <;.) f. ,,1-- ~~ Evan Black, Esq. :169795.1 " ' ~' - -~j, CERTIFICATE OF SERVICE I, Becky Rusbatch, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certifY that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Robert Shimer, Esquire c/o 1225 Leesport Road Leesport, PA 19533 Robin 1. Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 Date: 5[-Z.C]/ D~ & ~~.., ._~."-.,~,, ~J' ."'. ,J:jl"~,,. ,~." ^<~,J_" ,,',;. ,.", -, ~- ^.,. , ~l "'.",, .. ""~'" - , ,-~ (") 0 r' ~, C rJ " , ~ -r; cr' ~~'r" -':-1 1':'\ , .- --<: ~-'J. ,.:-..:: ("J 'I"! t:~ ~~~ '- C:J ~:: - ) r-- t.",,' ~~ " -~'; (") -'--,..... ~_.-.. Cj /.:' ,-, .- n1 ~ u ~y C) (~ ~t =2 :.;1 "< c ':....- - _~>O .. -';;~.A~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GEORGE SHlMER, DOCKET NO. 00-6240 Civil Term Plaintiff v. ZLOTOFF & ASSOCIATES; HELEN GOLD, D.P.M., HOWARD ZLOTOFF, D.P.M. and JOHN GlLFERT, D.P.M. Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO AMENDED NEW MATTER OF DEFENDANTS Plaintiff, George Shimer, by and through his counsel, Robert W. Shimer, Esquire, files the Reply to Amended New Matter of Defendants as follows: 1. Admitted. 2. Admitted. 3. The allegations contained in Paragraph 3 of Defendants' Amended New Matter constitute conclusions oflaw to which no response is required. 4. The allegations contained in Paragraph 4 of Defendants' Amended New Matter constitute conclusions oflaw to which no response is required. 5. The allegations contained in Paragraph 5 of Defendants' Amended New Matter constitute conclusions oflaw to which no response is required. 6. The allegations contained in Paragraph 6 of Defendants , Amended New Matter constitute conclusions oflaw to which no response is required. L11 ~.' ':'---'-~-'-,,~"--,.~--" - -, ~. ''-~.li:_n: . WHEREFORE, Plaintiff respectfully requests that Defendants' Amended New Matter be dismissed, and judgment entered in their favor. ~&q";re Attorney Identification No. 459120 Dated: ~ 15" .2002 ,-~ _.1>...", . '" ",~;, , -~~~Iii~ . . CERTIFICATE OF SERVICE I, Robert W. Shiver, hereby certifY that a true and correct copy of the foregoing Reply to New Matter of Defendants was served upon all counsel of record this k HI/IV}) P€(...iVI>7t'1' -ro -pi E 17 day of 'J u ,,",15 , 2002, by cit-rQsiting said '-Upi<-, i~ the lh.it"d 11 /),J/Ze;;.s !>EZ-6u..J.' States f-1 aiLaLllamsbmg,-l'=s:y-1~ania,_.pe-stage--prepaid~._Eirst..Class-ooli-very; and addr".."iJ as fQlIQWS-~ ~ Evan Black, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Sixth Floor Post Office Box 999 Harrisburg, PA 17108-0999 Robe himer """''' ~~,4i;";'-0''-'''Uio~oi ;;;;bLUii.~A'i1!FS,j;13i!1.hiW,.'ltI;1;.12,JJ4Jlc'illil~%;;;UW~"'"'-'4,,,"~{~,{':Jl!l_""'~"""''''' ~ ~"""" ~' 0._ "-~ ~ ," ,.,,' ~."~ ~ ~, ?", ~-.-, ~, - ~ ,- '", " -'~ ~ , =' " . ,,,"~...,,,,.m . '. ~=~-1IlliIIIlilI - 'I; !: I . . 8 0 0 N ~" ?;:: L. , -pOJ c:: ~{~;= mrn :;;;e: Z"-' " Zr;- -r, r'1 (f) > -' ~~-;~ -<~ ~C -v ~~: ~8 ::;:: "jl'i >c 1'3 ts~ Z ~ ~ \" -< w, , -' " '- ~'" ~"' '"".'-" , CERTIFICATE PREBEQUISITE TO SERVICE OF A SUBPOEIfA PURSlWIT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been re~lvea, 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: 10/07/2002 ~so~ ~BLACK, ESQ. Attorney for DEFENDANT DEll-364392. OSl30-LOl '" . .~ ,-. - ,- '. - .l,._ -",,~;" _' '_ , . ~~- ~ii~,7' COMMONWEALTH OF PENNSYLVANIA .COUNTY OF CUMBERLAND IN THE MATTER OF: COUllT OF COMMON PLEAS GEORGE SHIMER TBllM, -VS- CASE NO: 00-6240 ZLOTOFP, ET AL. NOTICB OF INTENT TO SBRVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERYPDRSUANT TO RULE 4009.21 CONNOR r. RICH ASSOCIATES RONALD G. BARSANTI, M.D. HEALTHSOU'fll REHABILITATION HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL GEISINGER MEDICAL CENTER GEISINGER MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECOBDS r.. HOSPITAL BILL X-RAY ONLY MEDICAL RECOBDS r. HOSPITAL BILL X-RAY ONLY TOl ROBIN J. MARZELLA, ESQUIRE ROBERT W. SHIMER, ESQ. MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/17/2002 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEl'ENIlAlIT CC: EVAN BLACK, ESQ. - 420-01328 Any questions regarding this matter, contact THE MCS GROUP IHe. 1601 MAllKET STREET 1800 PHILADELPHIA, . PA 19103 (215) 246-0900 DE02-200212 051. 3 0 - C 0 1. ,-- -,19'. COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND GEORGE SHIMER VS File No. 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: CUSTODIAN OF RECORDS FOR: CONNOR RICH & ASSOCIATES . (Name of Penon or Entity) Within twenty (20) days after service of this sub~"",xou m qrdered by the court to produce the following documents or things: SEE ATTACHED at Mr.S GROUP INC.. 1601 MARKET ST., 11800, PHILA. ,PA 19103 (Addr...) You may deliver or mail legible copies of the documents or produce things requested by this subpoe"", together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advaftee, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things reqUired by this subpoe"", 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 FOLLOMNG PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: 1'0 EX 'l'l'l'. HARRISBURG, PA 17108 TELEPHONE: ? I ~-246-0'lOO SUPREME COURT IV 1#: ATTORNEY FOR: DEFENDANT V~TE: 4-r;,.~L. . 5 ;U)O~ , BY~~.~~~ ~ Protlton tOerk, Civn Division 0w. . () )u,I'';; , Deputy Seal of the Court (Eff. 7/ '1l) " ~~= , J.. , lil!lllI::~t, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS.FOR: CONNOR & RICH ASSOCIATES 207 HOUSE AVENUE SUITE 101 CAMP HILL, P A 17011 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL REPORTS, ORDERS, STUDIES, PHONE MESSAGES, LABS AND SUMMARIES. Any and ail 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: GEORGE SHIMER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social Security #: 206-10-6752 Date of Birth: 00-00-1914 5U10-398012 05:L 30 - L O:L ""~ '",. .-< ~r~:)';.t,j(~, .~. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/07/2002 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-364393 05:1.30-L02 -.,~ . - ,- "~ 1" 1Iwt" COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND IN THE MATTER OF, COURT OF COMMON PLEAS GEORGE SHIMER . TERM, -VS- CASE NO. 00-6240 ZLOTOFF. ET AL. NO'l'ICB OF. INTBN'.r '1'0 SBRVE A SUBPOENA '1'0 PRODUCE DOCmmN'l'S AND THINGS FOR DISCOVERY PURSUAN'r '1'0 RULE 4009.21 COHROIl & IlICB ASSOCIADS IlOI1ALD G. RA~llAIft'l, M.D. BEALTBSOUTB RiEBABlLI'lATIOIf BOLY SPIIlIT HOSPITAL BOLY SPIIlIT HOSPITAL GEISIlfGBB. MlmICAL CBH'l'EIl GEISINGBB. MEDICAL CEIITBB. MEDICAL. BILLI1IG. AIID X-RAY(S) MEDICAL, BILLI1IG, AIID X-RAyeS) MEDICAL, BILLING, AIID X-RAyeS) MEDICAL UCOBDS & HOSPITAL BILL X-RAY OBLY MEDICAL UCOBDS & HOSPITAL BILL X-RAY OBLY '1'0", ROBBB.T W. SHIMER. ESQ. ROBIN .I. MAIlZELLA, ESQUXBB KCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that ia attached to this notice. You have twenty (20) days from the date listed bel_ in which to file of record and serve upon the UDdersigned an objection to the subpoena. If the twenty day notice period is _ived or if no objection is made, then the subpoena may be served. Complete copiea of any reproduced recorda may be ordered at your expense by completing the attached cOUDsel card and returning s_ to KCS or by contacting our local KCS office. DAD, 09/1112002 ~ - KCS on behalf of EVAN BLACJ.:, ESQ. Attom.ey for DDElfDAR'f CC, EVAN BLACJ:, ESQ. - 420-01328 Any questions regarding this matter. contact 'lIIB KCS GIlOUP INC. 1601 M6B1ET StllEET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-200211 OS130-C02 ~~ ~'" ~ , "' ~,._' .COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GEORGE SHIMER VS FileNo. 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: RONALD BARSANTI, M.D. (N.unei,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 MCS GROUP INC.. 1601 MARKET ST., #800, PHILA.,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 atthe address listed above. Yo" 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, ESQ. ADDRESS: PO BX 999 HARRISBURG, PA 17108 TELEPHONE: 21,-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT I( ,2 (J-() .2- I BY THE COYRJ;: r.w::t.A t:... At J..: ?rod'o~/<!lerk,. Civil Division ~ (2 IM~/(;'. De;Nty DATE: Jj;M.L. . , Seai of the Court (EfI. 7/97) """""f ,-- , " '...,-",~--. --"'~Mf. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RONALD G. BARSANTI, M.D. SUSQUEHANNA SURGEONS 532 NORTH FRONT ST. WORMLEYSBURG, PA 170431016 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL REPORTS, ORDERS, STUDIES, PHONE MESSAGES, LABS AND SUMMARIES. 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: GEORGE SHIMER 414ALLENDALE WAY, CAMP HILL, PA 17011 Social Security #: 206-10-6752 Date of Birth: 00-00-1914 5U10-398014 05130-L02 ..rw ~"". .""~/"" CERTIFICATE . PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/07/2002 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-364394 05:L30-L03 ~'hi:i~lli.l";"'" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF. COURT OF COMMON PLEAS GEORGE SHIMER . TERM, -VS- CASE NO. 00-6240 ZLOTOFF. ET AL. NO'rICE OF I~ TO SERVE A SUBPOENA TO PRODUCE DOCOMldft'S AND THINGS FOR DISCOVERY PURSUAR'l' TO ROLE 4009.21 COHJfOR , RICH ASSOCIATES ROJIfALD G. RAa!lAlftI. H.D. IlEALTBSOUTB REBABILITATIOR HOLY SPIRIT HOSPI'lAL HOLY SPIRIT BOSPI'lAL GBISIlfGBI. HBJ)ICAL CU'1'BI. GBISIlfGER HBJ)ICAL CU'1'BI. HBJ)ICAL, BILLIHG, A1ID X-RAyeS) HBJ)ICAL, BILLIHG, A1ID X-RAY(S) HBJ)ICAL, BILLIHG. A1ID X-llAyeS) HBJ)ICAL RECORDS , HOSPI'lAL BILL X-IlAY OBLY HBJ)ICAL ll.ECORDS , HOSPI'lAL BILL X-IlAY OBLY TO'. ROBERT W. SHlMBll. ESQ. . ROBB J. MAl.ZBLLA. ESQUlll.E NeS on behalf of !VAll BLACK. ESQ. intend8 to 8erve a subpoena identical to the one that i8 attached to this notice. You have twenty (20) days from the date listed below in 1Ihich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. COIIIplete copies of any reproduced records Diay be ordered at 'your ezpense by cOlllpleting the attached counsel card and returning s_ to NeS or by contacting our local NeS office. DATE. 0911712002 MeS on behalf of !VAll BLACK, ESQ. Attorney for DEPEHDAlft ce. !VAll BJ..ACX. ESQ. - 420-01328 Any questions regarding this matter, contact TIll!: NeS GROUP IBC. 1601 MAll.EE'l S'fll.Eft #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-200211 051.30-C02 .. "'I'fl''" . COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GEORGE SHIMER VS File No. 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HEALTHSOtlTH REHAB. {Name of P';..on 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 MCS GROUP INC.. 1601 MARKET ST., 1/800, PHILA. ,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, ESQ. ADDRESS: PO BX 999 HARRISBURG, PA 17108 TELEPHONE: 21 '\-246-0900 SUPREME COURT 10 #: ATTORNEY FOR: DEFENDANT DATE: lnh:.L. ~ c201JJ- , BY THE COU~: ,e rJ~~ ~... ~ 1-" Prothonotaryl iJ'Civil Division 0r~a ~ Cl<-; Deputy Seal or the Court (Eff.7/97) .-' I~ "~~.,' EXPlANATION OF REQUIRED RECQRDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHABILITATION 1623 MORGANTOWN ROAD READING, PA 19607 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL REPORTS, ORDERS, STUDIES, PHONE MESSAGES, LABS, AND SUMMARIES. 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: GEORGE SHIMER 414 ALLf;NDALE WAY, CAMP HILL, PA 17011 Social Security #: 206-10-6752 Date or Birth: 00-00-1914 SU10-398016 05~30-L03 --. ,," ''"'''';''~&K.,~"," CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/07/20@2 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-364395 05130-L04 - " '->.~ ' - - -'~ ~~'\}'i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF. ET AL. ROrICE OF UI"J:lS1fl' TO SERVE A SUBPOENA TO PRODUCE DOCllMBN'rS AND TlIIRGS FOR DISCOVERY PtJRSlJ1\H TO ROLE 4009.21 COIlNOIl & RICH ASSOCIATES RONALD G. RAR~AIrJ'I. M.D. BEALTBSOUTH ~ILITATION BOLY SPIRIT HOSPITAL HOLY SPIRI'l' HOSPI'l'AL GEISINGBIl MEDICAL CEII'1'BIl GEISINGBIl MEDICAL CEII'1'BIl MEDICAL, BILLING, AlID X-BAyeS) MEDICAL. BILLING. AlID X-BAyeS) MEDICAL, BILLING, AlID X-BAyes) MEDICAL RECORDS & HOSPI'l'AL BILL X-BAY OIlLY MEDICAL RECORDS & HOSPI'l'AL BILL X-BAY OIlLY TO': ROBBll'l' W. SHIMD., ESQ. ROBIN J. MARZELLA, ESQUIBB MeS on behalf of EVAN BLAClt, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You havetweDty (20) days fram the date listed below in which to file of record and serve upon the undersigned aD objection to the subpoena. If the twenty day notice period is waived or if 110 objection is _de, then the subpoena _y be setved. Complete copies of any reproduced records _y be ordered at your expense by completing the attached counsel card and retuming s_ to MeS or by contacting our local MeS office. nATE: 09/17/2002 ~ - MeS on behalf of EVAN BLACK, ESQ. Attomey fOll:" DBPEJmAII'1' CC: EVAN BLAClt, ESQ. - 420-01328 Any questions regarding this _tter, contact TBE MeS GROUP INC. 1601 lWlDT S'fBBE'l' #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-200211 05~30-C02 ~" , ~- " . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE SHIMER VS FileNo. 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name of Penon 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 MCS GROUP INC.. 1601 MARKET ST., #800, PHILA.,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 TIlE FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: PO BX 999 HARRISBURG, PA 17108 TELEPHONE: 21 <;-;>46-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: 147::.1... _ ~ :2bv.L- , BYH:~:O~~~ _ Prothonotary l~Vil Divi!lion G"'L-- () ~ I Deputy Seal or the Court (Eff. 7/97) ""--~ --d~', EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL REPORTS, ORDERS, PHONE MESSAGES, LABS AND SUMMARIES. 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: GEORGE SHIMER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social Security #: 206-10-6752 Date of Birth: 00-00-1914 8U10-398018 051. 30 - L 0 4 ~~ ~ "=. ~~ III -..."......=' ,., CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEllA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10107/2002 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-364396 05130-L05 .........~= ~, , "TEt&:I-- "- ,- "''''-'''-, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER . TERM, -VS- CASE NO: 00-6240 ZLOTOFF. ET AL. NOTICE OF IN'l'ENT TO SERVIS A SUBPOENA TO PRODUCE DOClDIBNTS MID THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CORROll. , UCEI ASSOCIATES RONALD G. RA~~6MTI, H.D. lIEALTBSOUTB REHABILITATION HOLY SPIUT HOSPITAL HOLY SPIUT HOSPITAL GBISIRGBB. MEDICAL CBNTEI. GBISIlIGEll MEDICAL CEB'l'B1l HBDICAL. BILLDIG, AND X-RAY(S) HBDICAL, BILLIlIG, AND X-RAY(S) HBDICAL, BILLIlIG, AND X-RAY(S) HBDICAL RECORDS , HOSPITAL BILL X-RAY ONLY HBDICAL UCORDS , HOSPIUL BILL X-RAY ONLY TO": ROBEllT W. SHIMn, ESQ. . ROBIlI:/. MARZELLA, ESQUIRE MCS on behalf of EVAN BLAClt, BSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to NeS or by contacting our local NeS office. DATE: 09/17/2002 NeS on behalf of EVAN BLAClt, BSQ. Attorney for DD'BlIDAH'f CC: EVAN BLAClt, BSQ. - 420-01328 Any questions regarding this matter, contact TBB M,CS GROUP INC. 1601 MABDT STRBJn' #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-200211 05:1.30-002 bel . COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GEORGE SHIMER VS FileNo. 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena,J'ou are ordered by the court to produce the following documents or things: . SEE aTTACHED 0 at MCS GROUP INC.. 1601 MARKET ST., #800. PHILA.,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, ESQ. ADDRESS: PO BX 999 HARRISBURG, PA 17108 TELEPHONE: 21 <;-246-0900 SUPREME COURT 10 #: ATTORNEY FOR: DEFENDANT DATE: 1. f1T...L "--" ,\ J...b-o;L , -. Prothono reI k. Civil Division G (J~ ~ Deputy Seal of the Court lEff. 7/97) ""'""-....v. - " L . -~~"~-- ~ , , "'~ -' ~"'" 'r-j'ifC_\ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL STUDIES. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: GEORGE SHIMER . 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social Security #: 206.10-6752 Date of Birth: 00-00-1914 I\l 5U10-398020 OS~3 a-LOS -- "'-'~ ' - '- '";;i CERTIFICATE . PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena. is attached to this certificate, (3) No objection to the subpoena has been re~vea, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/07/2002 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-364397 05:L.30-L06 --^ c. ,~....... ""'- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF CO~ON PLEAS GEORGE SHIMER . TERM, -VS- CASE NO. 00-6240 ZLOTOFF, ET AL. NO'l'ICE OF INTENT '1'0 SERVE A SUBPOENA TO PROI)UCB IlOCUMBNTS AlII) TBIllGS FOR I)ISCOVBRY PURSUANT TO RULE 4009.21 CORBO" , II.ICII ASSOCIATES ROtfALD G. RARllAIlTI, M.D. BEALTBSOUTB REBAIlILITAi'IOIf HOLY SPIII.IT HOSPITAL HOLY SPIII.IT HOSPITAL GEISIHGD MEDICAL I.;ISl'I'Uill. GEISIIfGEll MEDICAL CEN'l'EIl MEDICAL, BILLIIfG, AND X-RAY(S) MEDICAL, BILLIIfG, AND X-RAY(S) MEDICAL, BILLIIfG, AND X-RAY(S) MEDICAL 1lEC0RDS , HOSPI'rAL BILL X-RAY ONLY MEDICAL UCORDS , HOSPITAL BILL X-RAY ONLY 'f0': ROBDT W. SHIMD., ESQ. . ROBIIf .I. MARZELLA, ESQUIRE KeS on behalf of DAB BLACX, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frOlll the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is _ived or if DO objection is made, then the subpoena may be.served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KeS office. DATE: 09/17/2002 KeS on behalf of DAB BLACK, ESQ. Attorney for DD'ENDAIlT cc: DAB 1lLACJt, ESQ. - 420-01328 Any questions regarding this matter, contact TIlE KeS GROllP INC. 1601 MARlET STREET #800 PHILADELPHIA, PA 19103 (215) 246";0900 DE02-200211 05:t.30-C02 . ,~=<. . COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND GEORGE SHIMER VS File No. 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GEISINGER MEDICAL CENTER (Name of Person or Entity) Within twenty (20) day. after .ervice of thi. .ub.l'oen....You are ordered by the court to produce the following document. or things: . SEE aTTACHED _ at MCS GROUP INC.. 1601 MARKET ST., #800, PHILA.,PA 19103 (Addres.) You may deliver or mail legible copie. of the document. or produce things requested by thi. .ubpoena, together with the certificate of compliance, to the party making thi. reque.t at the addre.. li.ted above. You have the right to .eek, in advance, the rea.onable co.t of preparing the copies or producing the things .ought. ' If you fail to produce the document. or things required by thi. .ubpoena, within twenty (20) day. after it. .ervice, the party .erving thi. .ubpoena may .eek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: PO BX 999 HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT 10 #: ATIORNEY FOR: DEFENDANT DATE: 1 JJ1"7:. J,-,-,-, S cttn L . q;tno-;':pp~ De~urv Sea; or the Coun (Eff. 7/97) __.I '='~,'~, ~ . , .~ .lIhI~-ilJ.>' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GEISINGER MEDICAL CENTER 100 NORTH ACADEMY AVENUE DANVILLE, P A 17822 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL REPORTS, ORDERS, PHONE MESSAGES, LABS AND SUMMARIES. . Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consulllition, care or treatment of patient. Dates Requested: up to and including the present. Su~~t:GEORGESHllWER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social S~rity #: 206-10-6752 Date of Birth: 00-00-1914 8U10-398022 05~3 O-L06 I - ....' ~ '" '-, "~:'- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEHA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is att,ached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/07/2002 EVAN BLACK, ESQ.. Attorney for DEFENDANT DEll-364398 05~3 O-L07 ,-,-- .'" ~'''''''"''''''''.~k__ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO. 00-6240 ZLOTOFF, ET AL. NO'l'ICE OF IN'l'ENT TO SERVE A SUBPOENA TO. PRODUCE DOCUMENTS Am> THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CONNOR " RICH ASSOCIATES RONALD G. BARSAIrlI, M.D. HEALTHSOUTII REHABILITATION HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL GEISINGER MEDICAL CENTER GEISINGER MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS " HOSPITAL BILL X-RAY ONLY MEDICAL RECORDS " HOSPITAL BILL X-RAY ONLY TCh ROBERT W. SHIMER, ESQ. ROBIN J. MARZELLA, ESQUIRE KGS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KGS or by contacting our local KGS office. DATE. 09/17/2002 ~- KGS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDAN'l' CC. EVAN BLACK, ESQ. - 420-01328 Any questions regarding this matter, contact THE KGS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-200211 05~30-C02 ~~ ~ ,o~_~ '1_ .COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE SHIMER VS File No. 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: GEISINGER MEDICAL CENTER (Name of Person. ot Entity) . Within twenty (20) days after service of this subpoenal~ou are ordered by the court to produce the following documents or things: SEE aTTACHED at MCS GROUP INC.. 1601 MARKET ST.. #800. PHILA.,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 re<Juest 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, ESQ. ADDRESS: PO llX 999 HARRISBURG, PA 17108 TELEPHONE: 21 ';-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: .1.~^J... .( C2iJtJ 2- , BY ~~~~U~: Rc L' prothonOrary~k. d/vil Division 0,-,('-'- t.:J n,.. gO: . :Je;ntrv Seal oi the Court (Elf. i /97) ~c. " . ,~ '-'-''''; EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GEISINGER MEDICAL CENTER 100 NORTH ACADEMY AVENUE DANVILLE, P A 17822 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL STUDIES. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present, Subj~t : GEORGE SHllWER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social S~ty #: 206-10-6752 Date of Birth: 00-00-1914 8U10-398024 05 ~ 30 - L 07 . j][ilJI..~1mi ~.<llIM!~filiiij~i~!!I:1iiiIl.lm_~~'1!~'"\'M"-~-- "!"..~-,, . -_;, ___.T._"'~"~.?___ ,... "~_ - ~F' ,-'- .,__~r;c";- "oZ-"'''''._',<'''-'.~: .'~""" ,?,'~,", , .'". ... -=-,- ~ "" . -'~ -." () -~~ IT;;;--I ..,.....,', ~~: ~-~.! .<'~: L C'-~ ::.::: '~-" ;<;-~ ;~ ~ .-' ,,< o , o "n o ~:''') .--1 ;J 2:J ---, --, {;~ ,'-,'::3 ~~;-': C) (~~,i--n -=--< ):""" ::D -< \.D ..'n r.,.) J1 ('" "! 'I II II il !1 ,I , I, "^ , J , ~>o~ V -. , 'I."'" __, ..,., -,,,,_~ .,_ f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER DOCKET NO. 006240 CIVIL ACTION -LAW Plaintiff v. JURY TRIAL DEMANDED Helen Gold, D.P.M. And Howard Zlotoff, D.P.M. And John Gilfert, D.P.M. And Zlotoff & Associates Defendants SUGGESTION OF DEATH AND VOLUNTARY SUBSTITUTION OF ROBERT W. SHIMER AS THE PLAINTIFF 1. I, Robert W. Shimer, am the successor in interest of George W. Shimer, who was a Plaintiff herein, desire to substitute myself, as Executor of his estate, as Plaintiff herein pursuant to Pa.R.C.P. 2351 et seq. 2. The material facts on which my right of succession and substitution is based are as follows: a. George W. Shimer, the party originally named as Plaintiff in this action, died on October 26, 2002. b. In his last Will and Testament, George W. Shimer named Robert W. Shimer as the Executor of his Estate. 1 .," 'i " -..;---J'_, _'<'li". _ "D' .~~ _ ~, . c. Letters Testamentary were granted to Robert W. Shimer QIl November 25, 2002 (A certified copy of the Short Certificate evidencillg-ihe grant of letters to Robert W. Shimer is attached hereto as Exhibit A.) 3. I do hereby voluntarily substitute myself as Plaintiff herein in the piace and stead of George W. Shimer. Dated: j).-"'''''''B'''... 3,.l.o0::>.- (~ Robert W. Shimer By: Rob W. Shimer, Esq. Attorney for Plaintiff 2 Ji~,,~~ "" ~n~ - -.r "" I-..'~'hr~~i;';'i ,'". EXHIBIT A STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, MARY C. LEWIS Register for the Probate of wills and Granting Letters of Administration &c. in and for said County of the 25th CUMBERLAND day of do hereby certify November that on A.D. , Two Thousand and Two, Letters TESTAMENTARY estate of SHIMER GEORGE W (LAbl, ~'.lKb'l', JVJlj)j)L],;J in common form were granted by the Register of said County, on the , late of LOWER ALLEN TOWNSHIP in said county, deceased, to SHIMER ROBERT W (LAb'l, ~ .lKb'l' , lVJlj)j)L]';) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 25th day of November A.D., Two Thousand and Two. File No. 2002-01053 PA File No. 21-02-1053 Date of Death 10/26/2002 Register S.S. # 206-10-6752 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL """"~':';f1<I';"''"''~Iit~'jf~ilii>fM@;!L;,i;~:ilgQiilil;Hllj~"W,\li<Rl~W!fu'''~iW'.i,L).i!.,,~;r_'1bej.lli;~,!:Oj;"",.;>j"->ili<h;:!;-- ~ c_ ~ ." ~~ ~. illlf W""1iIU"idnilliN"lii""-~- . ".'~,iI!iJ!!_~ ~- ,-. ,,"''''''''''-- ~ ,;!li I ,~. 0 a 0 C r", -n :?,,: c:l -C'UJ P1 rril','1 n :n 2:::-i ~~;:. I -:] en *, ~:~l? ~i"::-J '-?,(J -r:;1 -.r': ...." .eC) -..,,,. 0(1) ~C) 6rn :I> C:: - z .. ~ ~ I='" :D <::> -< , ~~" "'- --'''Y'' .. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/22/2003 ~~ EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-388276 OS130-L08 =- - J,~ . ~; ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. NO'l'ICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOIMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH AT HARRISBURG X-RAY ONLY PINNACLE HEALTH AT HARRISBURG MEDICAL RECORDS " HOSPITAL BILL TO: ROBIN J. MARZELLA, ESQUIRE ROBERT W. SHIMER, ESQ. MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/02/2003 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 420-01328 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1I800 PHILADELPHIA, PA 1~103 (215) 246-0~00 DE02-21l47~ 05~30-CO~ MII~' ". ""~ ~ . ~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE SHIMER VS File No. 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH AT HARRISBURG HOSPITAL (N_ of Penon or Entlly) Within twenty (20) clay. after service of this subpoena. you .are orclered by the c~ to procluce the following c10cuments or thin~ SEE ATTACHED at MCS GROUP INC. 1601 MAREK! ST., 1/800, PHILA. ,PA 19103 tAdclnao) You may c1ellver or maillegible.copiel of the c10cumenll orprocluce thinp requestecl by this subpoena, together with the certificate of compliance, to the party making this requeoUt the aclclreu listecl above. You have the right to seek. In . aclvance, the reasonable COlt of preparing the copies or procIucing the things soughL If you fait to procluce the c10cumenll or thinp requitecl by this subpoena. within twenty (20) clays after ill aervlce, the party serving this subpoena may seek a c~ oreler compelllng you to comply with iL THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: FVAN BLACK, ESQ. ADDRESS: PO BOX 999 HARRISBURG, PA 17108 TELEPHONE: ? 1 ~-?46-0900 SUPREME COURT ID t: ATTORNEY FOR: DEFENDANT DATE: ~ ~.. ;Z(p_ ~OU~ B~~~T: K ..' . ~\ Seal of the Court (Eff. 7/97) ~~ ~" ~~~, . "",,,_j. - ~,,~~.-,; -,-, '. - EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH AT HARRISBURG HOSPITAL 111 SOUTH FRONT ST HARRISBURG, PA 17101 RE: 5130 GEORGE SHIMER Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form pertaining to: Dates Requested: up to and including the present. Subject: GEORGE SHUWER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social S~urity #: 206-10-6752 Date of Birth: 03.31-1914 SUlO-417886 05~30-LOB ''"'''''~ " . .~ --\ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 01/22/2003 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-388277 OS 130 - L 09 "'~~ .-.~ ,-- . (,i , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS GEORGE SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF, ET AL. NO'l'ICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMmlTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HEALTH AT HARRISBURG X-RAY ONLY PINNACLE HEALTH AT HARRISBURG MEDICAL RBCORDS , HOSPITAL BILL TO: ROBBRT W. SHIMER, BSQ. ROBIN J. MARZELLA, BSQUIRB NCS on behalf of BVAN BLACK. BSQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an Objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to NCS or by contacting our local NCS office. DATB: 01/02/2003 NCS on behalf of EVAN BLACK, BSQ. Attorney for DBFBNDANT CC: BVAN BLACK, BSQ. - 420-01328 Any questions regarding this matter, contact THB NCS GROUP INC. 1601 MARKET STREBT #800 PHILADBLPHIA, PA 19103 (215) 246-0900 DB02-211478 OS~30-C02 ,"",,,,,,~ ~-~ . ~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ GEORGE SHIMER VS File No, 00-6240 ZLOTOFF, ET AL SUBPOENA TO PRO,J>Ua DOCUMENTS OR THINGS FOR DISCOVERY)~UANT TO RULE 4009.2.2 TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH AT HARRISBURG HOSPITAL (N_ of ..... arl!atlly) Within twenty (20) days after ....tce of tblllUb......l'llIl_ ordencl '" the _to produce the following d_.. thlnp: SEE ATTACHED at MCS GROUP INC, 1601 MAllR1l:T ST., 11800, PULA. ,PA 19103 I~ You may deliver or iIWlleglble caplet of the d_.. praduce thlnp Nquelled '" thIIllIIbpoeu, topther with the certificate of compU-. to the party maIdns tbII nil.... d the addNM lilted abGve. You have the right to seek, in advance, the reuonable colt of prep.nq the copiet.. Produdnl the thlnp_gIlt. If you fall to produce the documenlS or thInp NqulNd '" tlth IUb...... within twenty (211) Uya after ita servtce, the pllly serving thle lubpoena IN)' seek a court order COlllpelllnsl'llllto comply wItIl tt. THIS SUBPOENA WAS ISSUED AT THE REQUESI' OF THE FOLLOWING rERSON: NAME: FVAN BLACK, ESQ. ADDRESS: PO JlOX 999 HARRISBURG,PA 17108 TELEPHON~ 71~-246-0900 SUPREME COURT ID I: ATrORNEY FOR: DEFENDANT DATE: ~~ol". d...{)OJ BY~T: Seal of the CD\IJt (Eff. 7/'11) - . " ~ -- -......' .~ '~~"''iJ' . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH AT HARRISBURG HOSPITAL 111 SOUTH FRONT ST HARRISBURG, PA 17101 RE: 5130 GEORGE SHIMER Entire hospital medical billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and! or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admiSsion, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subj~t : GEORGE SHIMER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social S~ty #: 206-10-6752 Date of Birth: 03-31-1914 SU10-417888 05~30-L09 _,J' L-",",","~, .~iMI~JIiM..~id~~~lIt~!'!!S::l:~~'w~Wdll~li'''''''''''''';''''"''''-'-'' ~"'......,~. ," , _,0"', ~ '..'.. , .",'_'~".'i"''''''~'''t- ,""'_ ' "_"..' i ~ "'~ ,,,". ,~~,_ _ _,' ,. ~" ~ ~. , ". ,,~, .....- , 0 C') ~~~ C (...;~ -oS: CD L._ ~. .' cpr~.i ,:.:;=;... -,~ ....-... 1 ~ I .1'1 ...::._:1:' ~;- Z-' C'v ,-- cl5 S~ ~~:;t~S < ,-, -" r::4... :::,:_1(~) ;.::::0 -0 eo ...- ., Zo 3.': :~.~! ~~} Pc: ~ (Sri: Z ':.v ~ :< 55 en -< ~, ii1,~"r~'. ., 'I " ~- """""'""""--"",,,', CERTIFICATE [:;I;:i)j'l/:,r:!f""C' , ,L,i"j" ',~, i "J/"-" OF 'r'.;c; ',:'::,-;;1 '''I''OT. ".RY . .1." "-_';1' :',J Ij ,l\ PREREQUISITE TO SERVICE OF A s~p8~ & Alill: () e PURSUANT TO RULE 4009 ro, 'M;:;;::'" .'/i" CI'UNlY ..~j .l.)~I~H.".t-<~-'i~ Ul PENNSl1VANiA IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/23/2003 ~CS on ~ ~ BLACK, ESQ. Attorney for DEFENDANT DEll-423402 05~30-L~0 .""""'11<1>""''\';<<1[<.<>- 'Ii COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER -VS- TERM, CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM NO'l'ICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: ROBERT K. SHIMER, ESQ. ROBIN J. MARZELLA, ESQ. KCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no Objection is made, then the subpoena maybe served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 06/02/2003 KCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 420-01328 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-229290 OS~30-C02 . ~ . "~ "-"-'< ^ "~ -,-cow" LOCATION NAME >>> LOCATION LIST <<< PAGE: 1 RECORDS REQUESTED MILTON S. HERSHEY MEDICAL CTR. MILTON S. HERSHEY MEDICAL CTR. CARDIOVASCULAR SURGICAL INST. MEDICAL RECORDS , HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) DE02-229290 05~30-C02 ~....... . "" '~ > ," -'~ '"' 0 -"''''lI'-:,' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT SHIMER, EXEC. OF ESTATE Of GEORGE SHIMER VS File No. 00-6240 CIVIL ZLOTOFF & ASSOC., HELEN GOLD, DPM HOWARD ZLOTOFF,DPM & JOHN GILFERT, DPM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL C/:,\jTER (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 MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,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 advaflce, 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, ESQ. ADDRESS: PO BOX 999 HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATIORNEY FOR: DEFENDANT DArE: JUN 2 3 2003 fYL?1d ,.) I J r'l.<:I3 - ( f BY Prothonotary/Clerk. Ci h'ision 01J....." P'~OlAA.f Duty ----- Seal of the Court (EfL 7/97) ~", ~ . ~, -~-,~ ... .j,'i',- EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MEDICAL CTR. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 5130 GEORGE SHIMER INCLUDING CORRESPONDENCE (INCOMING & OUTGOING), ORDERS, STUDIES, PHONE MESSAGES, LABS, SUMMARIES, ETC. Entire hospital medical billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present, Subj~t : GEORGE SHUWER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social S~urity #: 206-10-6752 Date of Birth: 03-31-1914 8U10-445060 05~30-L~0 ~ ~~,,,,",,,,,,d ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER -VS- TERM, CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: ROBERT W. SHIMER, ESQ. ROBIN J. MARZELLA, ESQ. MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an obje~tion to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena maybe served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/02/2003 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 420-01328 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA H103 (215) 246-0900 DE02-229290 OS~30-C02 _., - ."'< .WI ,,""" -~,r- >>> LOCATION LIST <<< PAGB. 1 LOCATION NAM! RECORDS RBQUESTED MILTON S. HERSHEY MEDICAL CTR. MILTON S. HERSHBYMBDICAL CTR. CARDIOVASCULAR SURGICAL INST. MEDICAl, RBCORDS & HOSPITAL BILL X-RAY OllLY MEDICAL, BILLING, AND X-RAY{S) DE02-229290 OS~30-C02 "-... .,~''''''''''-'. , '"' ~-. '-'-..' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/23/2003 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-423403 05~3 0 -L~~ ~.,- - "' .~.~ . , _J,' - ~> lililIi!l.'liillilillilllOO\' COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ROBERT SHIMER , EXEC. OF ESTATE OF GEORGE SHIMER VS File No. 00-6240 CIVIL ZLOTOFF & ASSOC., HELEN GOLD, DPM HOWARD ZLOTOFF,DPM & JOHN GILFERT, DPM TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: MILTON HERSHEY CENTER (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 MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,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: EVAN BLACK, ESQ. PO BOX 999 HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID iI: ATIORNEY FOR: DEFENDANT NAME: ADDRESS: DATE: .JUN 232003 fYl 'at..) I . :J (")6...2, I BY '-- .a~" P~/lA.AJr Duty Seal of the Court (Eff. 7/97) ... ,'-' " ".\!i1!o&illlllli.,;.,ij,;.U:_ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MEDICAL CTR. 500 UNIVERSITY DRIVE HERSHEY, P A 17033 RE: 5130 GEORGE SHIMER Any and all x- ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form pertaining to: Dates Requested: up to and including the present. Subj~t : GEORGE SHUWER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social S~urity #: 206-10-6752 Date of Birth: 03-31-1914 SU10-445062 05~3 0 -L~~ _.~- =".~ " ~ '. -' -" - ~ -, ..oil,' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEHA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOfF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 06/23/2003 EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-423404 05~30-L~2. ~m ,,= > ~ ti~ ;: ,- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER -Vs- TERM, CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF. DPM, & JOHN GILFERT, DPM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations I TO: ROBERT W. SHIMER, ESQ. ROBIN J. MARZELLA, ESQ. MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an Objection to the subpoena. If the twenty day notice period is waived or if no Objection is made, then the subpoena maybe served. complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/02/2003 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEPENDANT CC: EVAN BLACK, ESQ. - 420 -01328 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 11800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-229290 05~30-C02 - ~. -& ",' ~'- ., ~.l!lIiIiI :i;::",t\< LOCATION NAME >>> LOCATION LIST <<< PAGE: 1 RBCORDS RBQUESTBD MILTON S. HBRSHEY MEDICAL CTR. MILTON S. HERSHEY MEDICAL CTR. CARDIOVASCULAR SURGICAL INST. MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) DED2-22929D 0 5 ~3 6 -Co 2 ~~" .'C '~l1--illil t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT SHIMER , EXEC. OF ESTATE OF GEORGE SHIMER VS File No. 00-6240 CIVIL ZLOTOFF & ASSOC., HELEN GOLD, DPM HOWARD ZLOTOFF,DPM & JOHN GILFERT, DPM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARDIOVASCULAR SURGICAL INST. (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 MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,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. DATE: . JUN 2 3 2003 fYI'::It ~I .)^'<\~ I BY c... Seal of the Court (Eff.7/97) =H~ ~ ,~"~'. ",,-" "', '~~.,,- EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARDIOVASCULAR SURGICAL lNST. 423 N. 21ST STREET CAMP HILL, PA 17011 RE: 5130 GEORGE SHIMER INCLUDING CORRESPONDENCE (INCOMING & OUTGOING), ORDERS, STUDIES, PHONE MESSAGES, LABS, SUMMARIES, ETC. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: GEORGE SHUWER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social S~rity #: 206-10-6752 Date of Birth: 03-31-1914 SU10-445064 05~3 O-L~2 ~,. .. " ~" .. R. J. MARZELlA & ASSOCIATES. P.c. BY: Robin J. Marzella. Esquire Pennsylvania Supreme Court 1.0. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 ., ',_ ,.-nl__J'.',,' ~ ~ - '"'''''$,; Attorneys for Plaintiff. George Shimer IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY. PENNSYLVANIA CIVIL ACTION -lAW GEORGE SHIMER. Plaintiff v. ZLOTOFF & ASSOCIATES; HELEN GOLD. D.P.M.. HOWARD ZLOTOFF. D.P.M. and JOHN GlLfERT, D.P.M. : DOCKET NO. 00-6240 Civil Term Defendants : JURY TRIAL DEMANDED PRAECOPE FOR ENTRY & WiTHDRAW OF APPEARANCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdrawal my appearance on behalf ofthe Plaintiff in the above- captioned action. Dated: ~~~~ . squire ntification No. 66856 3513 Front Street HarrisDurg. PA 17110 " ~ "' ~ h'___' ,~ "'<~~~"""., PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance as on behalf ofthe Plaintiff in the above-captioned action. Respectfully submitted, " ~~~""' Attorney Identification No. 459120 1225 Leesport Road Leesport, PA 19533 Dated: ,!)JAr.,.l9. ~3 . ""'h ^ -J. ~; '. - .;17 - ,~ '1lliiiin.!l!ilil . ~,'~,~, ',' " ~ ",Jiili~ lL.~~~.=-~'--~ --~ ~-' ,~~ ~, ~,,- ,'",--" ~~ ~,. .~~ L, . .. (') 0 0 c:: v~") -n s:: 2: ~ "O/{i ~ tI:1-" ;:y; . , : r-- zr I -,-->1TI -.r C....1 ".',)0 ~-; (J{\ <:::C~ :Pi" ;~~ ~C, :;E: ~r' Pc If? U ---I ; W 53 '.0 -< "" ,""""'" ~~ .-1;')_ GEORGE SHIMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-6240 CIVIL TERM ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PETITION FOR STATUS CONFERENCE The record should reflect that the court has held a status conference today with Robert Shimer, Esquire, attorney for the original plaintiff, George Shimer, who was the father of Robert Shimer, Esquire. Robert W. Shimer has since substituted himself as the plaintiff in this action since the death of George W. Shimer. In examining the file it appears to the court that the case has moved very slowly. The court has discussed the time limits with both attorneys present today and has their agreement that the following Order will sufficiently get the case back on track. By the Court, P.J. ~bert Shimer, Esquire For the Plaintiff ~tephanie L. Hersperger, Esquire For the Defendant > ~1 RKS JO.~/ -cB :mtf . <J .T<' ~~ - " ,.-- .~ ~,-_. 1,,"- -r!. :;J~~;-'~?(r;CE , 1."\, '~.) "\':..!."-'V?y Oncz/ 0./ u. ~ Q CUj\::'~' "',--^,'--._".., .-', J-I'.nj-,.-_...., '" ',' .', .1'\1.,.." -", \"';\"L' l/~ '- '''-'..11 ,r ... t..r 'PlN!.4 'I ~.~ " " .=~ .".- " ,~ ._"_'_,r,:,_,,,"~,~~,q;qIW~~iW!jlJj~ if!r~~.~li~~~~!![ /~w, .~ c-. Y:_', . ~ , ~ "rd.,-:! GEORGE SHIMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-6240 CIVIL TERM ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, October 15, 2003, the attorneys are directed to complete all discovery within six months of today's date which would be April 15, 2004; no discovery will be allowed after that date. The plaintiff's expert report, or reports, shall be given to defense counsel within thirty days after the discovery is complete. Any defense expert reports shall be delivered to plaintiff's counsel within thirty days after receipt of plaintiff's expert report. By the Court, P.J. (Robert Shimer, Esquire 1225 West Leesport Road Leesport, Pa. 19533 > L~ R~~ JO . ~1'0::3 ~Stephanie L. Hersperger, Esquire For the Defendants :mtf .''> 41 ~" - '"' ,~ . "'" c_. ;:;LED-O;+iGE' OF i-i" ','Y..,:nTJ-\RY 03 nrT 2 i';fJ P'I,Q l,J. .".... CU!\;-iEL~i ' -,UJ,\rf)' PENNSYLVAi\Jti\ --",~','"-'~ ~. ' ,_ _ ,.,"'llil-Wml!~!~\'lflljllm~ll!II~L '~T -.~. !l!II1~~ll~-HI!1.r ~'""""!-. ~~ - I'-..-~ ~,i~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHANIE HERSPERGER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MC ~. DATE: 11}18/2003 DEll-45820105130-L13 - __ ~w~ ~OOli!tli),;' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER -VS- TERM, CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HOME HEALTH CARE HANGER TUEFEL ORTHOTIC- MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: ROBERT W. SHIMER, ESQ. ROBIN J. MARZELLA, ESQ. MCS on behalf of STEPHANIE HERSPERGER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/29/2003 MCS on behalf of STEPHANIE HERSPERGER, ESQ. Attorney for DEFENDANT CC: StEPHANIE HERSPERGER, ESQ. - 420-01328 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET StREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-246252 0 5 ~3 0 -CO 2 j' ,,~,~ -'" l1i-#~'J"'W COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ROBERT W. SHIMER, EXECUTOR OF THE ESTATE File No. 00-6240 vs. ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HOME HEALTH CARE (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 ATIACHED RIDER **** at The MCS Grono Ine ]60] Market Street Suite 800 -Philade]nhia PA 19]03 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: ADDRESS: STEPHANIE HERSPERGER. ESO. 305 N. FRONT STREET HARRISBURG. PA 17108 TELEPl:IONE: (215) 246c0900 SUPREME COURT ill #: ATIORNEY FOR: Defendant Date: CX4 .:J.? I 21Y\3 Seal of the Court 05i30-i3 ,"- ~~L""-' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HOME HEALTH CARE 409 S. SECOND STREET STE. 2F HARRISBURG.. PA 17104 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL RADIOGRAPHIC FILMS. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray fIlms and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or trel\tment pertaining to: Dates Requested: up to and including the present. Subj~ : GEORGE SHIMER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social Security #: 206-10-6752 Date of Birth: 03-31-1914 SUlO-471G14 OS130-L13 . .!l'Ot"";l>""~,r.,,,.' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHANIE HERSPERGER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/18/2003 STEPHANIE HERSPERGER, ESQ. Attorney for DEFENDANT DEl1-4582020S130-L14 - - - . .- ....~I""""'""~,"_. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER -VS- TERM, CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HOME HEALTH CARE HANGER TUEFEL ORTHOTIC- MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: ROBERT W. SHIMER, ESQ. ROBIN J. MARZELLA, ESQ. MCS on behalf of STEPHANIE HERSPERGER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/29/2003 MCS on behalf of STEPHANIE HERSPERGER, ESQ. Attorney for DEFENDANT CC: STEPHANIE HERSPERGER, ESQ. - 420-01328 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-246252 05~30-C02 ~ ~.~~'-~--"-"-,,- COMMONWEALTH..QE ~ENNSYL VANIA COUNTY OF CuMBERLAND ROBERT W. SIllMER, EXECUTOR OF THE ESTATE File No. 00-6240 vs. ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HANGER TUEFEL ORTHOTIC- (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 RIDER **** at The MCS Groun Ine 1601 Market Street Suite 800 Philadelnhia 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. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: STEPHANIE HERSPERGER. ESO. 305 N. FRONT STREET HARRISBURG. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant Date: Cc:J.. ~ 7 t ..:2.Cld3. Seal ofthe Court 05,30-14 ~,~ . .-. '..i:'~ ~ ~ ~ '~ ~-'"MAA._"",,;o" EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HANGER TUEFEL ORTHOTIC- PROSTHETIC ASSOCIATES 915 N. HANOVER ST. ELIZABETHTOWN, PA 17022 RE: 5130 GEORGE SHIMER INCLUDING ANY AND ALL RADIOGRAPHIC FILMS. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: GEORGE SHIMER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social Security #: 206-10-6752 Date of Birth: 03-31-1914 SUlO-471616 0 Sl3 0 -Ll4 -~ 'J:!1i~~-'1 -"-'o-~iIliil:i~~,,,,~~&&~Iil~~~. .~ ~ ...J '_n ,<~ . -~ .-, ~..~ ~.2l' ~-~..... (') s djfT~' ?.:~.., en 5-- ~~) )>:C' ~ 0? ':Q (.;> i::: <.~J - ",~ C:> '-'?;.:: Q T, -1 .":J '-'1 c .~;l_> .-':,; ~~~~ _~;~I~; On} 'c1 CO -< ::0 ..~'.. . . -~ ',,"''-'" .'. IiiiJJ. ~~: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHANIE HERSPERGER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/20/2003 DEll-458912 05130 -L15 , .-- "'-'" '.~'- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER -VS- TERM, CASE NO: 00-6240 ZLOTOFF " ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOClJMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HOME HEALTH CARE HANGER TUEFEL ORTHOTIC MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS TO: ROBIN J. MARZELLA, ESQ. ROBERT W. SHIMER, ESQ. MCS on behalf of STEPHANIE HERSPERGER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATIl: 10/31/2003 MCS on behalf of STEPHANIE HERSPERGER, ESQ. Attorney for DEFENDANT CC: STEPHANIE HERSPERGER, ESQ. - 420-01328 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-246648 OS~30-COl -" = - ~"~~ -'"a"",. COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ROBERT W. SHIMER, EXECUTOR OF THE ESTATE FileNo. 00-6240 vs. ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PmNACLE HOME HEALTH CARE (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 RIDER **** at The MCS Greue Ine 1601 Market Street Suite 800 Philadelehia 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: ADDRESS: STEPHANIE HERSPERGER. ESO. 305 N. FRONT STREET HARRISBURG. P A 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: (') c:.--+ NOV 2 0 2003 .2q .2003 I Seal of the Court 05130-\5 ..--- ~' ~ --....~"'-"^~.'^'"-."',!I.. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HOME HEALTH CARE 409 S. SECOND STREET STE. 2F HARRISBURG" PA 17104 RE: 5130 GEORGE SHIMER ANY & ALL RADIOGRAPHIC FILMS. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subj~ : GEORGE SHllWER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social Security #: 206-10-6752 Date of Birth: 03-31-1914 SUlO-472300 05l30-Ll5 ~k CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHANIE HERSPERGER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 11/20/2003 STEPHANIE HERSPERGER, ESQ. Attorney for DEFENDANT DEll-458913 05~30-L16 ~ = " " .. &~~ ~ :l!i.:iitl( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER -VS- TERM, CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HOME HEALTH CARE HANGER TUEFEL ORTHOTIC MEDICAL RECORDS " XRAYS MEDICAL RECORDS & XRAYS TO: ROBERT W. SHIMER, ESQ. ROBIN J. MARZELLA, ESQ. MCS on behalf of STEPHANIE HERSPERGER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/31/2003 MCS on behalf of STEPHANIE HERSPERGER, ESQ. Attorney for DEFENDANT CC: STEPHANIE HERSPERGER, ESQ. - 420 -01328 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-246641 0 5 ~3 0 -CO 2 ~. - , ,- , .~-" !It!Jt~Ili:~~{i COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ROBERT W. SHIMER, EXECUTOR OF THE EST ATE FileNo. 00-6240 vs. ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HANGER TUEFEL ORTHOTIC (Name of Person or Entity) Witlrin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or tlrings: **** SEE ATTACHED RIDER **** at The MCS Group Ine. 1601 Market Street Suite 800 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 tlrings 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 TIlE REQUEST OF TIlE FOLLOWING PERSON: NAME: ADDRESS: STEPHANIE HERSPERGER. ESO. 305 N FRONT STREET HARRISBURG. P A 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TIlE COURT: Prothonotary/Clerk, Civil Division Date: NOV 2 0 2003 Deputy Seal of the Court 05130-' ~-~~ .- ~~ ~'> , ,- ~l*t'; ,'-~,' ~%! EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HANGER TUEFEL ORTHOTIC PROSTHETIC ASSOC. 915 N. HANOVER ST. ELIZABETHTOWN, P A 17022 RE: 5130 GEORGE SHIMER ANY & ALL RADIOGRAPHIC FILMS. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic fIle, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray fIlms and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treattnent pertaining to: Dates Requested: up to and including the present. Subject: GEORGE SHIMER 414 ALLENDALE WAY, CAMP HILL, PA 17011 Social Security #: 206-10-6752 Date of Birth: 03-31-1914 SUlO-472302 OSl30-Ll6 ~. '-l;i';ll~!ifiiii:~~.lih~~!\iOi!Oli ~l\;~t.~i$i>l!O"= "'.F'~ -''''''\If".liW;l;iiii,~iliid ~'iIltllH~j r::-l L JliU!I._ ~ J1!' _ ._>,~" ,. ~~," __ ,T. <~,_',~_S~,,,,"_'" "" ^~ ~! i/" c')) ffl~-: :t'_ fig -< c- O) ::::- c.} ()-- '''t'j :'"r'" -:.) --1:; "'. ~D r.- ..--_~jTJ :'J'~ j .-; 1 -~~~ ~7~' .~ .-0 -" f"0 c- R~J -..,-- "-'.~ is> h; >-""":"'. .~'~~I . . i CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER TERM, -VS- CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHANIE HERSPERGER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. C DATE: 12/26/2003 /6 . DEll-464395 05130 -L17 -',. ~-" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ROBERT W. SHIMER, EXECUTOR OF THE ESTATE OF GEORGE W. SHIMER -VS- TERM, CASE NO: 00-6240 ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, & JOHN GILFERT, DPM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INSTITUTE OF PA MEDICAL, BILLING, AND X-RAY(S) TO: ROBERT W. SHIMER, ESQ. ROBIN J. MARZELLA, ESQ. MCS on behalf of STEPHANIE HERSPERGER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/04/2003 MCS on behalf of STEPHANIE HERSPERGER, ESQ. Attorney for DEFENDANT CC: STEPHANIE HERSPERGER, ESQ. - 420-01328 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-249429 0 5 ~ 30 - C02 ~~ .-- ~""""" . .~, . ~-- ii!f.i-.ii~ " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERT W. SHIMER, EXECUTOR OF THE ESTATE FileNo. 00-6240 vs. ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA (Name of Person or Entity) Within twenty (20) days after selVice of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATIACHED RIDER **** at The Me~ Group Inc 1001 Market Street Suite ROO Philadelphia P A 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 selVice, the party selVing 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: ADDRESS: STEPHANIE HERSPERGER. ESO. 305 N. FRONT STREET HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATIORNEY FOR: Defendant BY THE COURT: ",) Date: . r.:ng~l.(a .aJ03 I~ 7.$ /=~ / / Seal of the Court Prothonotary/Clerk, Civil Division .,..- 1. .- --rrb, L.r puty 05130-17 ~ '. , ,~ . . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: . ORTHOPEDIC INSTITUTE OF PA 4700 UNION DEPOSIT RD SUITE 240 HARRISBURG, PA l7lll RE: 5130 GEORGE SHIMER INCLUDING ALL DIAGNOSTIC FILMS Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subj~ : GEORGE SHllWER 414 ALLENDALE WAY, CAMP Hil.L, PA 17011 Social Security #: 206-10-6752 Date of Birth: 03-31-1914 SU10-47733805130-L17 ~" .~-~- ieJ.i.IlIIil.~Bl~~tj~;I;O!l'n~i"-WI4.ilii~iflf!litf-' '."_ ~ c "'"A~'~ ",~-", ~_~,o ~. ' Iii(~"'~''''' "' .._-......." ~ ~- ., . (') ....., <:::> 0 c: <=> -rt <: -=- -otii (... :C:n C1Jrn >- ...:._:::n X ilB zr,;: I ~:;: N ~.~ kC1 -0 ~C - o:i:J -00 - Z?fi J>c: N o 1 z:; :;! =t ::0 -..l -< r ~, ,.,-----'--'... " ,-;~~ 1J;'~,~> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA G a.:r~ L, GI--r-l ,jy. Plaintiff Vs File No. 01 - Lj g 7 IN DIVORCE Che-Y~ I A. GI--ft Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one 6y marking "x"] _ prior to the entry of a Final Decree in Divorce, or L after the entry of a Final Decree in Divorce dated Svp+ elYlke, Cf, 2JX) 3 hereby elects to resume the prior surname of A I1-fJ'or t , and gives this written notice avowing his I her intention pursuant to the provisions of 54 P.S. 704. (I)7j A~aturq '.H6t Date: I I 2 I 0 t../ , I Ch~~/ / A~ /lMr-f Signatur of name being resumed COMMONWEp,TH OF PENNSYLVANIA ) COUNTY OF !,:.l.u>:} b or! n .Ad On the 1i.ad day of 9 QJ'l1 J tltJl..Lf---' 200..1 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. fJOIli-Q. ,~~~ Notary Public NOTARIAL SEAL CLAUDIA A, BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April4, 2005 : ' I ......_"....."""",~'"\:;"''''';pl,;;i1<!li.t'"~:I,;;1l-M1r.l!W,-.h~Hl,b!".!iHilll~,IfJ''<..-'''1~l,1;"'''''~~~.fr"'''~[;;~''4.l;@~iW/l#''''~;wJli<lliim>!l~_~_......l!HiIii "~itIiiliiii!l~~~~ ~~'ll~" 0 ....., .... c: = $f? \:::; :.;:: = r ~ f- ..c- cpt?? L. -I ~q :<>- ifj:n .e -....-, =<e :z:c. ~~ "- CJ:j,J,-'" I -r"._~'. 1'.;> -<;: ~"",,-, 7" ~c-; " ~o 5!..-, '" ""0 , -0 ::Ji:: o::n Lr ... Pc: .'Y ;;::0 , ,,> .2: Om =< :;;J (3 0 :n -.. -< ~,'~- ,< ' ~.~ . .,,, ~~ ~, If d"","" ; ,.,,,-,- ,-,-,., '--,- ,.- ,-. ~.- -,'"" -'-~'~' . _ ~'. J -' C , '.,,, --,,"__ ,,"'~: ,---,',-_ -'- ;-.!' ,<:",. --~"""i -", -'-'1 ~,^-~,;_' ~.~ "Jll"- " ,'; ROBERT W. SHIMER, Executor of the ESTATE OF GEORGE W. SHIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants CIVIL ACTION - LAW : JURY TRIAL DEMANDED ., J ;1 -:i! i! VOLUNTARY DISCONTINUANCE ITERMINATION OF ENTIRE ACTION) PURSUANT TO Pa. R.C.P. 229 It is hereby STIPULATED and AGREED, by and between Plaintiff and I'll ;1 , ;i 'ii Defendants, that the action a inst all Defendants is hereby voluntarily discontinued TH ROBERT W. SHI , ESQUIRE Ir-'-",_~ 1/ \ " {/-- Date: j/~ /~4 I I Date: ~c, ~'f . ~- _'_;"'.""""_.,_J.__;'_ _-" __'v'_, ',~',.""-~"'/f,~,'~':;',,,.-,- , -~ ,-c.;_." ,', ,',." . "",_., __, ,_ c;.';",i- ,-0 ROBERT W. SHIMER, Executor of the ESTATE OF GEORGE W. SHIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly mark this action as discontinued and ended, with prejudice. The Stipulation of voluntary Discontinuation of the entire action is attached. RESPECTFULLY SUBMITTED, / \ Robert er, Esq. 1225 West Leesport Road Leesport, PA 19533 Attorney for Plaintiff DATE: ~ ~ ..J.= '/' ~> _.'", - ,-,_ ,c. _,". ,', 'f'~;i-_". ~-'_'" - - ,--,,; '.:'- . ~ -, -- ~ -' , , ,,';, -,:, ,- -- -....,.'-'" <-",/,'j;:;,:~-';'" ;"-,;~"",,,,,,'--~'-_:,,--,,,.,,<.,;"': ROBERT W. SHIMER, Executor of the Estate of George W. Shimer, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. DOCKET NO. 00-6240 Civil Term ZLOTOFF & ASSOCIATES, HELEN GOLD, DPM, CIVIL ACTION - LAW HOWARD ZLOTOFF, DPM, and JOHN GILFERT, DPM, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ashleigh E. Anglemeyer, an employee of the law offices af Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the VOLUNTARY DISCONTINUANCE, upon the following persons via United States mail, first class, postage prepaid, as follows: Robert Shimer, Esquire 1225 Leesport Road Leesport, PA 19533 Date: April 13, 2004 . "~~-""-~-"'"" '~ifl l:iI'~' ,- ~ .C _ " '~'__~~" .. '--= ~,~ , ..-..-,., -'~' . ,,;,;.. ,~ .'~'. ~, "" c;::::, 0 = -n ""'" -r:- "'"' *:n I,i " " .r-V r- .--,~ -n rTI (..(! "QO W 06 s:~ ~+; ~~;3 :t> -'",. ..,-,]C) -"", of'n ~_.~ ? ~J '-~ --I C.> :.:0 -< co -< "