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HomeMy WebLinkAbout00-07617 I'" '_',. I - <- __t-." ,~ .. -" -~:' -' j' d -;--~' ~",k;-- +~-'-,:---,. -"-'.-^, ,,-, ,-,'.<,". _'_~__"'__'-".."',,___ --;:'_~-'_'; ~~:~,.~_:, ~"1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 7ft,1-:{ -;2000 lVNJDIHO CIVIL ACTION - LAW DAVID R. MANERlE 2275 York Street Mechanicsburg, P A 17055 JOSHUA M. GREENBERG, D.M.D. 99 November Drive Camp Hill, PA 17011 and JOSHUA M. GREENBERG, D.M.D., P.C. 99 November Drive Camp Hill, P A 17011 versus Plaintiff & Address Defendants & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. ~ Writ of Summons shall be issued and forwar ( ) Defendant Michael J. Navitskv, Esquire Angino & Rovner. P.C. 4503 North Front Street Harrisburg, PA 17110 (717)238-6791 Name/Address/Telephone No. j[) L 1...1 'II of Attorney Dated: (J/C[fW(Jlj(){(Pr 'CJI1fI) WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOu. Dated: /0- ~7-oo /S1r1l~ -R/~ Prothonotary by ~LfA2 /f 4",*~ D pu ; ~ \ ,",w- ,,' ;' ':""",~l'__j:~ ;,,~ ^---;'~;, ","-, ~,~-,- -':~ij,":~,~;,> ,-~~:,,:,-- """k'- -~~:L<--'" ,,'," ",,,,',- ,----" c~ _ - .;,~--, ~-; "-,.,,, - .:., ---~ ..: --',,- -, - OHIC1Mvr (/) 8 0 0 0 ~-n 'A::, 0 -oS: 0 I L mClJ n 'j:'-' t 7\' ~\J'I? zg] --l ~'~~;::~ '4+ z~ N TJrTi ~,,". ...) -,"'0 0<>'" .L ~:> ! -. o 0 ~CJ :;JQ 0 <: " ' .. ~ 3 ;-....'.....,. -.:> ~O oJ ~ ~ tp" - - Om ~ i Sl.. ~ .. ~ ~ '1.\ U1 ~ ~ ~ en -< :s "'-s::. ::> 0' -f ~ <:, :-:, L) ~ \' [ ,. - ~~-~ _.. =,. '~"-""" " :r-" ~ ~ ~ L.~.< . Lo" I < - ~. ;.W""'-=> iil!~;~i{-'-_ SHERIFF'S RETURN - REGULAR t ."" CASE NO: 2000-07617 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANERIE DAVID R VS GREENBURG JOSHUA M DMD ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GREENBERG JOSHUA M D.M.D the DEFENDANT , at 0013:20 HOURS, on the 31st day of October ,2000 at 99 NOVEMBER DRIVE CAMP HILL, PA 17011 by handing to JOSHUA M. GREENBERG, D.M.D. a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~~/<:~e R. Thomas Kline 11/01/2000 MICHAEL J. NAVITSKY Sworn and Subscribed to before By: me this f<& day of ~ J-.U7.IU A. D. ~ot1. n,</~./ ~ rothonotary , ,c,w-"~~~..'liI_~__" _..I J, i, ~ "~ -.-, ."->-~.-",-,-",,". M~ .- ~""-'tl' SHERIFF'S RETURN - REGULAR ( ,-. CASE NO: 2000-07617 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANERIE DAVID R VS GREENBURG JOSHUA M DMD ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GREENBERG JOSHUA M D.M.D. P.C. the DEFENDANT , at 0013:20 HOURS, on the 31st day of October ,2000 at 99 NOVEMBER DRIVE CAMP HILL, PA 17011 by handing to JOSHUA M. GREENBERG, D.M.D. a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So AnS~~~ ~ ~~;~-~1'~! R. Thomas Kline me this 'J'E:- day of 11/01/2000 MICHAEL J. NAVITSKY ?!J-- - By: J~~ Dep ty Sher' Sworn and Subscribed to before ~ d-o-r.riJ A. D. Ch~ (f~.~ rothonotary ; I.. , .. _ ,L '-.:J ~ J"..- -'-'->--''- ~. -,"--;;-'" .. --'0, "- DA Vill R. MANERlE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA 01)- '7~I'1 NO. 761 "!, 2550 OR\G\NAL. CNIL ACTION - LAW JOSHUA M. GREENBERG, D.M.D., and JOSHUA M. GREENBERG, D.M.D., P.C., Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose rnoney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ,~ I ~I ':, ,- "';1", r_I,_:,,~ :_"_ -.,',,-'"__" .,-'-- '-,' --' F-,~,_,__" c_c_,_.,___,'._"":,, ,.A,- ~C', ,.,1 "':1 .. DAVID R. MANERIE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA V. NO. 7617,2000 JOSHUA M. GREENBERG, D.M.D., and JOSHUA M. GREENBERG, D.M.D., P.c., Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de p1azo a1 partir de la fecha de 1a demanda y 1a notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defenses 0 sus objections alas demandas en contra de su persona. Sea avisado que si usted no se defiende, 1a corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de dernanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 2 -~ ,-- I ',,;,j" ,I '-,,-,,,,- . ,., -,"'-~- -- ,'-. ,.,-.'. .';_"''1 , 'l~ " DAVID R. MANERIE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA 1rO- '11./7 NO. 7617, 2GOO JOSHUA M. GREENBERG, D.M.D., and JOSHUA M. GREENBERG, D.M.D., P.C., Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, David R. Manerie, is a person of the full age of majority and resident of Cumberland County, Pennsylvania 2. Defendant, Joshua M. Greenberg, D.M.D., is a person of the full age of majority and physician of dental medicine licensed to practice and practicing dental medicine in the Commonwealth of Pennsylvania and specializing in the medical dental field of periodontics and dental implants with offices and practice in Camp Hill, Cumberland County, Pennsylvania. 3. Defendant, Joshua M. Greenberg, D.M.D., P.C., is a professional corporation licensed to do and doing business within the Commonwealth of Pennsylvania and through which Defendant Dr. Greenberg engages in his professional practice of dental medicine. 4. At all rnaterial times herein, Dr. Greenberg was the owner, shareholder, chief executive officer, officer, member, employee, servant, agent or apparent agent of Defendant Joshua M. Greenberg, D.M.D., P.C. 5. Mr. Manerie was referred to Dr. Greenberg on or about October 29, 1998 for purposes of rernoval and receiving a dental implant of tooth number 19, which is a molar in the left lower jaw. 6. Dr. Greenberg performed an examination ofMr. Manerie on or about that date and took a preoperative x-ray. 3 ,., -1- -,' ,'i" c-- h.-.h:o '" ",-i<;.:'_":,,J,~,:- -,_.-.d'.~-,:, '_,; ,'" [i'" -.-'.",__~',.'.:.___;-, -',;'- "''-'':1 " 7. Dr. Greenberg performed dental surgery on Mr. Manerie on or about November 4, 1998 and at that time surgically installed a 5.0 x 11.5mm long implant into Mr. Manerie's left lower jaw. 8. Mr. Manerie immediately experienced numbness in his lower jaw. 9. Dr. Greenberg apparently took two postoperative x-rays on Novernber 4, 1998 that depicted placement of the implant. 10. Dr. Greenberg did not take any intra operative x-rays on November 4, 1998. 11. Despite Mr. Manerie's immediate complaints of numbness in his lower jaw and the November 4, 1998 x-ray films of the implant, Dr. Greenberg did not appreciate the fact that the implant damaged the inferior alveolar nerve. He did not remove the offending irnp1ant. Instead, Dr. Greenberg opted for a "wait and see" approach. 12. Dr. Greenberg should have realized on November 4, 1998 that he had placed the implant improperly or that it was too large and that this damaged Mr. Manerie's alveolar nerve in his left lower jaw. The implant should have been immediately removed and Mr. Manerie should have been referred to a specialist for treatment of the nerve damage and possible surgery, which would have included a nerve graft. 13. As a result of Dr. Greenberg's surgery and failure to recognize the damage to Mr. Manerie's alveolar nerve, Mr. Manerie suffered permanent nerve damage and loss of sensation in the left side of his face. 14. Mr. Manerie was subsequently seen by another oral surgeon on or about November 25, 1998, at which time he leamed that Dr. Greenberg had inappropriately installed an implant that was too large and had inappropriately installed it on, into, or through the alveolar nerve in his left lower jaw. 4 ,._~ - -I J-._' :-;1- I,~ - - ". ",. '-"'''~ -~ ,-;, N-' '-'-~~~' '. 15. Mr. Manerie was therefore referred back to Dr. Greenberg for removal of the implant. 16. Dr. Greenberg subsequently removed the implant and returned the money he had charged Mr. Manerie for his services. 17. Mr. Manerie thereafter came under the care of an oral surgeon and underwent multiple surgical procedures, including bone grafting, reconstructive surgery to the jaw and gum and placement of a new implant and prosthetic tooth. 18. Unfortunately, Mr. Manerie suffers from permanent nerve damage to the left side of his face that has caused him and will continue to cause him discomfort and significant humiliation and embarrassrnent for the remainder of his life. 19. Mr. Manerie has therefore undergone and will continue to undergo for the remainder of his life substantial pain and suffering, loss of enjoyment of life, embarrassrnent and humiliation, medical expenses, and permanent nerve damage, none of which would have occurred but for Dr. Greenberg's negligence in the performance of the November 4, 1998 surgery as set forth herein and his failure to recognize the damage postoperatively so that Mr. Manerie could have received prompt treatment, which could have included surgical intervention, to alleviate or eliminate the damage. COUNT I Informed Consent David R. Manerie v. Joshua M. Greenberg, D.M.D. 20. Paragraph one through nineteen of this Complaint are incorporated herein by reference as if set forth at length. 5 -, "" e _ .-1 , ;~--';j- ., ,.,~I" '.. ,-. , ~'"-. "'I ,,' .,.,,~, ,,~ "~ ,,,,,- .. ,C',I ;,' -'~rl 21. Dr. Greenberg owed a duty to Mr. Manerie to explain the need for surgery and its risks and complications, as well as non-surgical options. 22. Dr. Greenberg failed in his duty owed to Mr. Manerie with respect to providing him information that he reasonably should have had to decide whether to undergo surgery. 23. Dr. Greenberg failed to explain to Mr. Manerie that surgery was simply an option given Mr. Manerie's medical condition, complaints and radiological findings. Surgery was not necessary, and Dr. Greenberg had a duty to Mr. Manerie to explain the reasonable risks and complications attendant to the procedure. 24. At no time did Dr. Greenberg advise Mr. Manerie that he could suffer permanent nerve damage due to the improper placement of an implant or due to the use of an improperly sized implant. 25. Mr. Manerie relied implicitly and explicitly on Dr. Greenberg's recommendations. 26. Dr. Greenberg should have informed Mr. Manerie preoperatively of the surgical risks, including nerve damage that could cause parasthesia or paralysis to Mr. Manerie's face. Dr. Greenberg never told Mr. Manerie that he could be paralyzed in his face or suffer from parasthesia as a result of this surgery. Had Dr. Greenberg told Mr. Manerie that surgery could cause this harm, Mr. Manerie would have declined to have Dr. Greenberg perform the surgery. 27. Accordingly, Dr. Greenberg failed to provide Mr. Manerie with information necessary for him to provide an informed consent to the surgery. 28. The lack of informed consent constitutes a technical battery committed against Mr. Manerie that resulted in all damages as alleged herein, and claim is made therefor. 6 ,":o.t>"", '. ~-' __, - _","c'_ ~:;,~ .,.,', ,-, ,co. : -,0': <':"M;":;l.';;i..v " :-dii:~ '. WHEREFORE, Mr. Manerie prays for judgment against the Defendant, Dr. Greenberg, in an amount in excess of twenty-five thousand ($25,000.00) dollars, exclusive of interests and costs and for a trial by jury. COUNT II N e2Ii2ence David R. Manerie v. Joshua M. Greenberg, D.M.D. 29. Paragraphs one through nineteen of this Complaint are incorporated herein by reference as if set forth at length. 30. Dr. Greenberg owed Mr. Manerie a duty to provide him with reasonable and appropriate rnedical/dental/surgical care and to do so in a fashion that was within the appropriate standard of medical care. 31. Mr. Manerie believes and therefore alleges that Dr. Greenberg failed in this duty owed to him. He believes, and therefore alleges that Dr. Greenberg provided substandard medical/dental/surgical care and was therefore negligent in the following particulars: a. Dr. Greenberg took or had taken a preoperative x-ray that may have been inadequate for purposes of measuring for the appropriate implant size; b. Dr. Greenberg failed to appropriately calculate the proper implant SIze preoperatively; c. Dr. Greenberg negligently installed an implant that was too large; d. Dr. Greenberg failed to take or have taken intraoperative x-rays during the November 4, 1998 surgery; 7 , -1; , .,:._"1: , I - ,~';,:],,"~--, ""o,~ .. , e. Dr. Greenberg's failure to utilize intraoperative x-rays and to properly calculate the appropriate size of the implant preoperatively lead to the installation of an improperly sized implant; f. Dr. Greenberg negligently damaged the alveolar nerve with the improperly sized implant; g. Dr. Greenberg installed the implant inappropriately so as to cause damage to the alveolar nerve; h. Dr. Greenberg negligently failed to appreciate or recognize the damage caused to the nerve postoperatively; 1. Dr. Greenberg failed to take or have taken postoperative x-rays that fully delineated the placement of the implant and identify the cause of Mr. Manerie's postoperative facial parasthesia; J. Dr. Greenberg failed to take or have taken adequate postoperative x-rays to diagnose the cause of Mr. Manerie's postoperative parasthesia; k. Dr. Greenberg failed to properly interpret postoperative x-rays and thereby failed to diagnose the cause of Mr. Manerie's postoperative parasthesia; 1. Dr. Greenberg negligently failed to diagnose damage to Mr. Manerie's alveolar nerve postoperatively, despite the patient's complaints, physical findings, and postoperative x-rays; m. Dr. Greenberg negligently failed to refer Mr. Manerie to a specialist post operatively and this failure prevented prompt treatment of the nerve damage which could have included surgery, such as nerve grafting; and 8 'd _0' ,'I, ,'I -' , ' 1,_ : -,-~." ,1--- -,-' ,', "'.. ~'j..dltlilll_Yrf;,~ n. Dr. Greenberg negligently damaged Mr. Manerie's alveolar nerve during the November 4, 1998 surgery and failed to recognize and report the damage to Mr. Manerie. 32. As a direct and proximate result of Dr. Greenberg's negligence, Mr. Manerie has and will continue to suffer for the rest of his lifetime pain and suffering, parasthesia to the left side of his face, substantial embarrassment and humiliation, substantial rnedical/dental/surgical expenses, a loss of enjoyment of life, and permanent nerve damage to his face. Mr. Manerie therefore claims all damages cognizable under Pennsylvania law against Dr. Greenberg for this negligence. WHEREFORE, Mr. Manerie prays for judgment against Defendant Dr. Greenberg in an amount in excess of twenty-five thousand ($25,000.00) thousand dollars, exclusive of interests and costs and for a trial by jury. COUNT III David R. Manerie v. Joshua M. Greenberg, D.M.D., and Joshua M. Greenberg, D.M.D., P.C. 33. Paragraphs one through thirty-two and Counts I and II of this Complaint are incorporated herein as if set forth at length. 34. At all material times, Dr. Greenberg was the owner, chief shareholder, chief executive officer, officer, partner, shareholder, rnember, employee, servant, agent, or apparent agent of Joshua M. Greenberg, D.M.D., P.C. 35. Defendant Joshua M. Greenberg, D.M.D., P.C. is therefore vicariously liable for Dr. Greenberg's conduct in failing to provide information that would have allowed Mr. 9 -c' '..''i'i"' "";,,>,', j '. '1 , ." ...,.,~.::...,~,~ -,~'"".' . '. Manerie to make an informed consent to surgery as well as for Dr. Greenberg's negligence in his preoperative, operative and postoperative care of Mr. Manerie. 36. Defendant Joshua M. Greenberg, D.M.D., P.C. is also independently liable to Mr. Manerie for negligence in failing to have in effect at all material times herein, appropriate procedures, practices and protocols with respect to providing patients with reasonable and appropriate information regarding surgical procedures so that such patients would be afforded the opportunity to provide an informed consent to surgery. The failure to do so constitutes an independent basis of negligence against this Defendant. 37. As a result of Defendant's vicarious liability and independent negligence, Mr. Manerie suffered all injuries and damages as alleged herein and c1airn is made therefore. WHEREFORE, Mr. Manerie prays for judgment against the Defendant Joshua M. Greenberg, D.M.D., P.C. in an amount in excess of twenty-five thousand ($25,000.00) dollars, exclusive of interests and costs and for trial by jury. Respectfully submitted, Date:~J~ I~/;<;);J 'tSKY, Esquire J.D. No.5. 3 2040 Linglestown Road, S Harrisburg, P A 1711 0 717/541-9205 Counsel for Plaintiff K1 LLP I 10 "l, :'J' :-~l -,. , '-."" ,--, ,'- ''1& . '. VERIFICATION I, DAVID R. MANERlE, do hereby swear or affirm that the facts set forth in the foregoing Cornplaint are true and correct to the best of rny knowledge, information, and belief. I understand that this Verification is made subject to the provisions of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Q)~a~ ..-."'... WITNESS David R. Manerie , "' :~: , .,. ,},.; -c. .i .,,' :,:1 :'0-,,'~,j' -= -:';.J- ';' , -,,- , " ,- . ""l: '. CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this I ~y of October, 2002 serving a true and correct copy of Complaint upon all counsel of record via postage prepaid first class United States mail addressed as follows: Ms. Kate Miller The Medical Protective Company P.O. Box 202 Shrewsberry, PA 17361-0202 Defendants' Insurance Company Joshua M. Greenberg, D.M.D. Joshua M. Greenberg, D.M.D., P.C. 99 November Drive CampHill,PA 17011 J~~u~ Jessie K. Walsh II "'if-'<U&iJ". ,,~."-"~~ - '..>" "- ~w,' '1' ,'- c~,. -8i9I1'iWji.lil~".ilIi-fi,\t::;j!:li~~r~""- . ' ---.-~". -.. ..~ , , ~". ~'.~- .~.~, ~... , ~' '.;: .:~:;L~~' .f..'''; 0.' -'.... .~ ,''co ' 0,,' ,o"~;" 'c, 0,"'0,00'0;" C' <:0; ;.;' ~ " ~J T',-) c:.:.. z --l -<. "'Co,,'." ~o 0'1 ,~, ~;;-1 -~." "',: "1-/ ~ ::> ;0 , , , - THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 Derek D. Baht, Esquire Identification No. 87851 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7637 Attorney for Defendant "". > ~,.~ -.'n'. "1_. <., ~'"-_d "'.",~ . - '''-~'__".'_ '~'''~~'''" '.-r.o -''C<:.',""," ,,_' -"'~---~-i I DAVID R. MANERIE, Plaintiff v. JOSHUA M. GREENBERG, D.M.D., JOSHUA M. GREENBERG, D.M.D., P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 7617, 2000 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Peter J. Curry, Esquire, Derek D. Bahl, Esquire and Thomas, Thomas & Hafer, LLP on behalf of the Defendants in the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP .------- ,,./" JJl Derek D. Bahl, Esquire ~~.-. -" ,,~. - , '" , -',- _ ,:"'..J- "- ~'N' " - -~'... '~..=,- '~,"-,,'_"__.;"I-__.__,___'~ _' '_'_",,' ."' ~"'~,--~' " -.,-~"'4i<-~J CERTIFICATE OF SERVICE I, Elizabeth E. Steever, an employee of the law firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I sent a true and correct copy of the foregoing document to all counsel of record by placing a copy of the same in the United States first-class mail, postage prepaid, addressed as follows: Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 By: Date: November 12, 2002 THOMAS, THOMAS & HAFER, LLP < ,.W _~_ __F"""" '- . 0 (:7' () c: 1'0 :;;:.,~ -0 ~' l' C::J 'C] ni \"1 -7 :2 i, u-~ c~:' r--~ ", .--;"1 ~.:.. , " " i'.) }~- ,":, ,," -:,} -<- ~I( ~~ ~-\ C"'" -~ ., , ,- ,_ '" , . '_.", 'C' ._ ~< _O_~_'__0._~,'_' __', ----,-'-., Y-., 1-"",' --.--1 _-+.~ "L,-~~'- ..'1.'='-. ",-,"",,- ^",,,-'~,--; '" -.--~:___~'-<:~'~'~k-'-. '_'_'. -"''',,'l__''-~'''_\ r DAVID R. MANERIE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA V. NO. 00-7617 JOSHUA M. GREENBERG, D.M.D., and JOSHUA M. GREENBERG, D.M.D., P.C., : Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark the above matter settled, ended, and discontinued. Respectfully submitted, NA V TSKY, OLSON & WI , SKI LLP o.re 1;L 7 ( () 5~ ; r .i' '-,,: d..,'....,;Ic " , ''_' """'~~ -0' ''''it CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this ~day of (Y)O ,2005 serving a true and correct copy of Praecipe to Discontinue upon all counsel of record via postage prepaid first class United States mail addressed as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Counsel for Defendant -'I ' ,/ I "' (). /I ",,=J~ n ()..J~ Jessie K. Walsh ~l .I~~-~' : ilif ~ --~ " " '" "_', o..^~ "~,,'. '" ,."-",,,..'-' .-:"^"OMilt-,-,',i ~ -'0./, _ ~ _, ,v _, ",I ,-- -~~ _ ~ Jh ~ 'I I I I I " II i "0 <.:;::) c:.;) en o -" s:J. n"j-.:! , . -r-;rr1 .~~ --:-....,--- CSrrl '};! :"D ---<. 3: ~'" -" C) " -..." ~~) ('-'1 N :"