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HomeMy WebLinkAbout07-1766. SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: Richard S. Seidel, Esquire Attorney I.D. No. 55801 121 S. Broad Street, 20`h Floor Philadelphia, PA 19107 (215) 545-9300 DOROTHY KRAFT 436 Parkside Road Camp Hill, PA 17011 Plaintiffs, V. JOHN R. DAILEY, M.D. 1857 Center Street Camp Hill, PA 17011 and DAILEY EYE ASSOCIATES 1857 Center Street Camp Hill, PA 171011 Defendants. JURY TRIAL DEMANDED. THIS IS NOT AN ARBITRATION MATTER. ASSESSMENT OF DAMAGE IS REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01 1 ~lG? elui MALPRACTICE - MEDICAL COMPLAINT - CIVIL ACTION NOTICE AVISO "You have been sued in court. If you wish to defend "Le han demandado a usted en la corte. Si usted against the claims set forth in the following pages, you quiere defenderse de estas demandas expuestas en las must take action within twenty (20) days after this paginas siguientes, usted tiene veinte (20) dia de complaint and notice are served, by entering a written plazo al partir de la fecha de la demanda y la appearance personally or by attorney and filing in writing notificacim. Hace falta asentar una comparencia with the court your defenses or objections to the claims set escrita o en persona o con un abogado y entregar a la forth against you. You are warned that if you fail to do so corte en forma escrita sus defensas o sus objeciones a the case may proceed without you and a judgment may be las demandas en contra de su persona. Sea avisado entered against you by the court without further notice for que si usted no se defiende, la corte tomaramedidas y any money claimed in the complaint or for any other claim puede continuar la demanda en contra suya sin previo or relief requested by the plaintiff. You may lose money or aviso o notificackn. Adem,;, la corte puede decidir a property or other rights important to you. favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede "YOU SHOULD TAKE THIS PAPER TO YOUR perder dinero o sus propiedades u otros derechos LAWYER AT ONCE. IF YOU DO NOT HAVE A importantes para usted. LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. "LLEVE ESTA DEMANDA A UN ABODADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle, PA 17013 717) 249-3166 COMPLAINT - CIVIL ACTION 1. Plaintiff, Dorothy Kraft, is an individual and citizen of the Commonwealth of Pennsylvania and resides at 436 Parkside Road, Camp Hill, Pennsylvania 17011. 2. Defendant, John R. Dailey, M.D., is an individual and citizen of the Commonwealth of Pennsylvania and was qualified to do business in Pennsylvania. Defendant, John R. Dailey, M.D. maintains a place of business at 1857 Center Street, Cam p Hill, PA 17011. 3. Defendant, Dailey Eye Associates, is a corporation and/or partnership licensed to do business in the Commonwealth of Pennsylvania. Defendant, Dailey Eye Associates maintains a place of business at 1857 Center Street, Camp Hill, Pennsylvania 17011 and provided medical services to patients such as Dorothy Kraft. 4. At all times relevant hereto, defendants acted by and through each other and were at all times material hereto, agents, servants and employees of each other, providing eye care to plaintiff, Dorothy Kraft. At all times relevant hereto, defendants acted by and through their respective agents (actual and/or ostensible), servants, workmen, and employees agents in providing eye care services to Dorothy Kraft. 6. In or about December 1998, plaintiff, Dorothy Kraft, came under the care of John R. Dailey, M.D. and Dailey Eye Associates. 7. On or about April 25, 2005, plaintiff underwent cataract surgery on her right eye. 8. After the surgery, plaintiff noted a spot in her temporal vision on the right side, and was found to have a posterior vitreous detachment. At her follow-up for the posterior vitreous detachment, on July 12, 2005, plaintiff noted a new symptom of fuzziness in her central vision with a "flashbulb" appearance a times. Plaintiff was found to have 20/20 acuity, however, her retinal -2- ;, examination showed an area in the macular papular bundle that looked like a branch retinal artery occlusion. 9. On July 15, 2005, plaintiff was referred to Michael J. Banach, M.D., for work-up of the branch retinal artery occlusion. Dr. Banach confirmed the presence of a large cotton wool spot of ischemia in the plaintiff's macula. The two most likely explanations of this finding were a branch retinal artery occlusion and hypertensive retinopathy. 10. Neither of these conditions were addressed by Dr. Dailey, resulting in retinal damage which was first noted by plaintiff's primary care physician six weeks after surgery and a month after plaintiff's first complaint of a cloudy spot in her vision. 11. Defendants' conduct increased the risk of harm to plaintiff and such harm occurred. COUNTI PLAINTIFF, DOROTHY KRAFT V. ALL DEFENDANTS, JOHN R. DAILEY, M.D. AND DAILEY EYE ASSOCIATES 12. The plaintiff incorporates by reference paragraphs 1 through 11 of the Complaint as if the same were fully set forth at length herein. 13. Defendants, John R. Dailey, M.D. and Dailey Eye Associates, individually and by and through their respective agents (ostensible and/or actual), servants, workmen, and employees were jointly and/or severally negligent in the care and treatment of Dorothy Kraft in the following respects: a. Failing to diagnose and appropriately treat plaintiff's condition before, during and/or subsequent to surgery; b. Failing to provide timely, appropriate and necessary care and treatment to plaintiff before, during and/or subsequent to surgery; C. Failing to properly and timely diagnose plaintiff's conditions and failing to -3- properly and timely treat plaintiff s conditions. 14. As a result of the negligence of defendants, plaintiff has suffered, continues to suffer and will in the future suffer pain and suffering, emotional distress, disfigurement, loss of life's pleasures, the need for medical care and cost of medical care, embarrassment and humiliation all to her great detriment and loss. WHEREFORE, plaintiff, Dorothy Kraft, hereby demands judgment against defendants, John R. Dailey, M.D. and Dailey Eye Associates, jointly and/or severally, in an amount in excess of Fifty- Thousand Dollars ($50,000.00), plus fees, costs and delay damages. SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: RIC4Altb S. ATTORNEYS FOR PLAINTIFF Date: -4- ip- VERIFICATION I, Dorothy Kraft, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information or belief. I understand that the statements herein are made subject to the penalty of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. DATE: 63LI glo2 DOROTH KRAFT O c_ ii N ra lL7 W C.l'1 N i? C^i ?f7 SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: Richard S. Seidel, Esquire Attorney I.D. No. 55801 121 S. Broad Street, 20`h Floor Philadelphia, PA 19107 (215) 545-9300 DOROTHY KRAFT 436 Parkside Road Camp Hill, PA 17011 Plaintiffs, V. JOHN R. DAILEY, M.D. 1857 Center Street Camp Hill, PA 17011 and DAILEY EYE ASSOCIATES 1857 Center Street Camp Hill, PA 171011 Defendants. JURY TRIAL DEMANDED. THIS IS NOT AN ARBITRATION MATTER. ASSESSMENT OF DAMAGE IS REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY -Tro NO. l76 L (2*1 C-) CERTIFICATE OF MERIT AS TO JOHN R. DAILEY. M.D. An appropriate licensed professional has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the Complaint, fell outside acceptable professional standards and that such conduct was a cause in brining about the harm. SEIDEL WEITZ GARFINKLE & DATZ, LLC Date:3 ? BY: RIC IDEL ATTORNEYS FOR PLAINTIFFS C?? ?. ? ? ?.. ?':P; - _ -- - r-?? ' _ > _? t? t ?"? N SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: Richard S. Seidel, Esquire Attorney I.D. No. 55801 121 S. Broad Street, 201h Floor Philadelphia, PA 19107 (215) 545-9300 DOROTHY KRAFT 436 Parkside Road Camp Hill, PA 17011 Plaintiffs, V. JOHN R. DAILEY, M.D. 1857 Center Street Camp Hill, PA 17011 and DAILEY EYE ASSOCIATES 1857 Center Street Camp Hill, PA 171011 Defendants. JURY TRIAL DEMANDED. THIS IS NOT AN ARBITRATION MATTER. ASSESSMENT OF DAMAGE IS REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. CERTIFICATE OF MERIT AS TO DAILEY EYE ASSOCIATES The claim that the defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard. SEIDEL WEITZ GARFINKLE & DATZ, LLC Date: 3 a7 BY: RICHA ATTORNEYS FOR PLAINTIFFS N C) C D - -,- rv -c MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: [7171760-7500 General Telephone: 17171 975-8114 Fax: 17171 975-8124 E-Mail: mbadowskinmareolisedelstein.com Attorney for Defendant JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES DOROTHY KRAFT, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE Docket No. 07-1766 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Margolis Edelstein on behalf of Defendants John R. Dailey, M.D. and Dailey Eye Associates, in the above-captioned action. EDEL Date: By: t, Esquire Court I.D. No. 32646 Attorneys for Defendants John R. Dailey, M.D. and Dailey Eye Associates CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on all counsel of record and interested parties by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the _IL day of 2007, and addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20`h Floor Philadelphia, PA 19107 (Counsel for Plaintiff ) MARGOLIS EDELSTEIN Cristy L enn man, CLA Certifie egal Assistant -rj i - ~r-- , e s. -.y MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [7171975-8114 Fax: 17171975-8124 E-Mail: mbadowski@margolisedelstein.com Attorney for Defendants, PINNACLE HEALTH SYSTEM T/D/B/A PINNACLE HEALTH HOSPITAL T/D/B/A HARRISBURG HOSPITAL DOROTHY KRAFT, V. JOHN R. DAILEY, M.D., and DAILEY EYE ASSOCIATES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendants CIVIL ACTION - LAW MEDICAL MALPRACTICE Docket No. 07-1766 JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS JOHN R. DAILEY, M.D., AND DAILEY EYE ASSOCIATES TO PLAINTIFF'S COMPLAINT PURSUANT TO PA.R.C.P. NO. 1028(a)(2) 1. Plaintiff commenced the above-captioned action by Writ of Summons and filed her Complaint on or about March 14, 2007. The Complaint was served on or about April 17, 2007. A copy of said Complaint is attached hereto, incorporated herein by reference and marked as Exhibit A. 2. The Complaint alleges generally that Defendants, John R. Dailey, M.D. and Dailey Eye Associates (hereinafter collectively referred to as "Dr. Dailey'), were negligent in providing or failing to provide medical treatment to Plaintiff. 3. Pa. R.C.P. No. 1028(a)(2) permits the filing of preliminary objections for the failure of a pleading to conform to the Rules of Court. 4. In paragraph 4 of her Complaint, Plaintiff alleges: At all times relevant hereto, defendants acted by and through each other and were at all times material hereto, agents, servants and employees of each other, providing eye care to plaintiff, Dorothy Kraft. 5. In paragraph 5 of her Complaint, Plaintiff alleges: At all times relevant hereto, defendants acted by and through their respective agents (actual and/or ostensible), servants, workmen, and employees agents in providing eye care services to Dorothy Kraft. 6. In paragraph 13 of her Complaint, Plaintiff alleges: Defendants, John R. Dailey, M.D. and Dailey Eye Associates, individually and by and through their respective agents (ostensible and/or actual), servants, workmen, and employees were jointly and/or severally negligent in the care and treatment of Dorothy Kraft in the following respects: (a) failing to diagnose and appropriately treat plaintiff's condition before, during and/or subsequent to surgery; (b) failing to provide timely, appropriate and necessary care and treatment to plaintiff before, during and/or subsequent to surgery; (c) failing to properly and timely diagnose plaintiff's conditions and failing to properly and timely treat plaintiff's conditions. 7. Plaintiff's Complaint, as a whole, fails to specify exactly what it is that Dr. Dailey allegedly did wrong and when it was that the alleged wrong occurred. ("before, during and/or subsequent to surgery.") Indeed, the Complaint gives no meaningful indication as to exactly what it is that Dr. Dailey is being called upon to defend against. 8. Plaintiff does not specifically allege the identity, or otherwise attempt to allege the identity, of any unnamed individual, nor does she allege what each such individual did or failed to do, or which act, or failure to act, was negligent. 9. The foregoing paragraphs of Plaintiff's Complaint fails to conform to case law and Pa. R.C.P. No. 1019(a) in that Plaintiff fails to specifically identify the individuals who acted on behalf of Dailey Eye Associates or the specific acts, or failure to act, for which each unnamed individual is allegedly responsible. Accordingly, the aforementioned paragraphs of Plaintiff's Complaint are properly stricken pursuant to Pa. R.C.P. No. 1028(a)(2), or in the alternative, Plaintiff should be required to file a more specific pleading pursuant to Pa. R.C.P. No. 1028(a)(3). WHEREFORE, Defendants, John R. Dailey M.D. and Dailey Eye Associates, prays this Honorable Court enter an Order pursuant to Pa. R.C.P. No. 1028(a)(2) striking paragraphs 4, 5 and 13 of Plaintiff's Complaint, or in the alternative, requiring Plaintiff to file a more specific pleading pursuant to Pa. R.C.P. No. 1028(a)(3). Respectfully submitted, MARGOLIS EDELSTEIN Date: M ? 7 - U -7 --? ` By: MICHAEL M. BADOWSKI ALICIA A. GARCIA Attorneys for Defendants, JOHN R. DAILEY, M.D., and DAILEY EYE ASSOCIATES CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, 1.1 Pennsylvania, first-class postage prepaid, on the d day of 2007, and addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfield & Datz, LLC 121 South Broad Street, Floor 20 Philadelphia, PA 19107-4553 MARGOLIS EDELSTEIN By: v ) Q, _ Angel M. Gayman .._., ? ? ?s ` ' T?? ? l r y ?{ \..,! ?? mow:. ? ?V? ' +:.? ?.4 :p y C.,7 *? py-1 SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: Richard S. Seidel, Esquire Attorney I.D. No. 55801 121 S. Broad Street, 20`' Floor Philadelphia, PA 19107 (215) 545-9300 DOROTHY KRAFT 436 Parkside Road Camp Hill, PA 17011 Plaintiffs, V. JOHN R. DAILEY, M.D. 1857 Center Street Camp Hill, PA 17011 and DAILEY EYE ASSOCIATES 1857 Center Street Camp Hill, PA 171011 Defendants. NO. 07-1766 MALPRACTICE - MEDICAL AMENDED COMPLAINT - CIVIL ACTION NOTICE "You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. JURY TRIAL DEMANDED. THIS IS NOT AN ARBITRATION MATTER. ASSESSMENT OF DAMAGE IS REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY AVISO "Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las pagmas siguientes, usted tiene veinte (20) dii de plazo al partir de la fecha de la demanda y la notificacim. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaramedidas y puede continuar la demanda en contra suya sin previo aviso o notificacim. Adema;, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABODADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle, PA 17013 717) 249-3166 AMENDED COMPLAINT - CIVIL ACTION Plaintiff, Dorothy Kraft, is an individual and citizen of the Commonwealth of Pennsylvania and resides at 436 Parkside Road, Camp Hill, Pennsylvania 17011. 2. Defendant, John R. Dailey, M.D., is an individual and citizen of the Commonwealth of Pennsylvania and was qualified to do business in Pennsylvania. Defendant, John R. Dailey, M.D. maintains a place of business at 1857 Center Street, Cam p Hill, PA 17011. 3. Defendant, Dailey Eye Associates, is a corporation and/or partnership licensed to do business in the Commonwealth of Pennsylvania. Defendant, Dailey Eye Associates maintains a place of business at 1857 Center Street, Camp Hill, Pennsylvania 17011 and provided medical services to patients such as Dorothy Kraft. 4. At all times relevant hereto, defendants acted by and through each other and were at all times material hereto, agents, servants and employees of each other, providing eye care to plaintiff, Dorothy Kraft. 5. At all times relevant hereto, defendants acted by and through their respective agents (actual and/or ostensible), servants, workmen, and employees agents in providing eye care services to Dorothy Kraft including the medical staff of Dr. Dailey and Dailey Eye Associates who either cannot be identified in the office records due to illegibility or do not appear in the records at all. 6. In or about December 1998, plaintiff, Dorothy Kraft, came under the care of John R. Dailey, M.D. and Dailey Eye Associates. 7. On or about April 25, 2005, plaintiff underwent cataract surgery on her right eye. 8. After the surgery, plaintiff noted a spot in her temporal vision on the right side, and was found to have a posterior vitreous detachment. At her follow-up for the posterior vitreous detachment, on July 12, 2005, plaintiff noted a new symptom of fuzziness in her central vision with a "flashbulb" appearance a times. Plaintiff was found to have 20/20 acuity, however, her retinal examination showed an area in the macular papular bundle that looked like a branch retinal artery occlusion. 9. On July 15, 2005, plaintiff was referred to Michael J. Banach, M.D., for work-up of the branch retinal artery occlusion. Dr. Banach confirmed the presence of a large cotton wool spot of ischemia in the plaintiff's macula. The two most likely explanations of this finding were a branch retinal artery occlusion and hypertensive retinopathy. 10. Neither of these conditions were addressed by Dr. Dailey, resulting in retinal damage which was first noted by plaintiff's primary care physician six weeks after surgery and a month after plaintiff's first complaint of a cloudy spot in her vision. 11. Defendants' conduct increased the risk of harm to plaintiff and such harm occurred. COUNTI PLAINTIFF, DOROTHY KRAFT V. ALL DEFENDANTS, JOHN R. DAILEY, M.D. AND DAILEY EYE ASSOCIATES 12. The plaintiff incorporates by reference paragraphs 1 through 11 of the Complaint as if the same were fully set forth at length herein. 13. Defendants, John R. Dailey, M.D. and Dailey Eye Associates, individually and by and through their respective agents (ostensible and/or actual), servants, workmen, and employees, who are unidentifiable due to illegibility or failure to appear in the records, were jointly and/or severally negligent in the care and treatment of Dorothy Kraft in the following respects: a. Failing to diagnose and/or appropriately treat plaintiff's conditions including elevated intraocular pressure and ocular hypertension before, during and/or subsequent to surgery; b. Failing to provide timely, appropriate and necessary care and treatment to plaintiff before, during and/or subsequent to surgery including measures to lower the intraocular pressure and hypertension to prevent and/or treat the resulting macula injury, branch retinal vein occlusion and/or hypertensive retinopathy; C. Failing to properly and timely diagnose plaintiff's conditions and failing to properly and timely treat plaintiff's conditions, including more post-operative visits in light of the elevated pressure and hypertension present in plaintiff's eye, failure to timely , adequately and appropriately provided post-operative care thus increasing the risk of harm. 14. As a result of the negligence of defendants, plaintiff has suffered, continues to suffer and will in the future suffer pain and suffering, emotional distress, disfigurement, loss of life's pleasures, the need for medical care and cost of medical care, embarrassment and humiliation all to her great detriment and loss. WHEREFORE, plaintiff, Dorothy Kraft, hereby demands judgment against defendants, John R. Dailey, M.D. and Dailey Eye Associates, jointly and/or severally, in an amount in excess of Fifty- Thousand Dollars ($50,000.00), plus fees, costs and delay damages. SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: RICHARD S. DEL ATTORNEYS FOR PLAINTI F Date: VERIFICATION I, Dorothy Kraft, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information or belief. I understand that the statements herein are made subject to the penalty of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. ?f DATE: O`C''` 62 DOROTHY KRAFT CERTIFICATE OF SERVICE I, RICHARD S. SEIDEL, ESQUIRE, hereby certify that Plaintiff's Amended Complaint was served upon the following by first class mail, postage prepaid, on May;_-, 2007: Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: ATTORNEYS FOR PLAINTIFF C? ? n C. -' .-a - - ?" ?? [' ? ? ? J f .C! .Jr=? '?j'"{1 F? --!. G•r i PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) DOROTHY KRAFT, (Plaintiff) vs. JOHN R. DAILEY., M.D., and DAILEY EYE ASSOCIATES, (Defendant) No. 1766 , 2007 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Richard S. Seidel, Esquire, Seidel, Weitz, Garfinkle & Datz, LLC (Name and Address) 121-South Broad Street, 20th Floor, Philadelphia, PA 19107 (b) for defendant: Michael M. Badowski, Esquire, Margolis Edelstein (Name and Address) 3510 Trindle Road, Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 11, 2007 Date: Xgat# f / M I- ?L G/ j?4 ®u f 101 Print our name 1?1/iq( Cy??f??? Attorney CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on all counsel of record and interested parties by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the -14h day of 2007, and addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 201h Floor Philadelphia, PA 19107 (Counsel for Plaintiff} MARGOLIS EDELSTEIN Cristy L. re eman, CLA Certified L 1 Assistant a -, X7 f \ MICHAEL M. BADOWSIQ, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: [7171760-7500 General Telephone: 17171 975-8114 Fax: 17171 975-8124 E-Mail: mbadowski(a?margolisedelstein.com Attorney for Defendant JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES DOROTHY KRAFT, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE Docket No. 07-1766 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY: Please withdraw the Preliminary Objections to Plaintiff's Complaint, Plaintiff having filed an Amended Complaint on or about May 2, 2007. Please remove this matter from the July 11, 2007, argument list. Date: 6-J& v By: MARGOLIP.FTF1N.,.. Michael M. Badowski, Esquire Court I.D. No. 32646 Attorneys for Defendants John R. Dailey, M.D. and Dailey Eye Associates 11 / N% CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on all counsel of record and interested parties by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of 2 0 0 7 , and 0 addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20th Floor Philadelphia, PA 19107 (Counsel for Plaintiff) MARGOLIS EDELSTEIN ?jd ?2"' Angel . Gayman, Se etary E , MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: 17171 760-7500 General Telephone: 17171 975-8114 Fax: 17171 975-8124 E-Mail: mbadowski(&n DOROTHY KRAFT, Plaintiff V. Attorney for Defendants JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE Docket No. 07-1766 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20' Floor Philadelphia, PA 19107 (Counsel for Plaintiff) YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Date: ? -5 .O / MARGOLIS EDELSTEIN By: -MICHAEL M. BADOWSKI Attorney for Defendants, John R. Dailey, M.D. and Dailey Eye Associates MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: [7171760-7500 General Telephone: [7171975-8114 Fax: 17171975-8124 E-Mail: mbadowski(A?maraolisedelstein.com Attorney for Defendant JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES DOROTHY KRAFT, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE Docket No. 07-1766 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, JOHN R. DAILEY, M.D. AND DAILEY EYE ASSOCIATES, (HEREINAFTER COLLECTIVELY REFERRED TO AS "DR. DAILEY") TO PLAINTIFF'S AMENDED COMPLAINT Denied. After a reasonable investigation, Dr. Dailey is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiff's Complaint and, therefore, the said averments are denied. 2. Admitted. 3. Denied as stated. By way of accurate answer, Dailey Eye Associates is a professional corporation licensed under the laws of Pennsylvania and located at 1857 Center Street, Camp Hill, PA 17011 and, through its employed physicians, provided eye care to Plaintiff, Dorothy Kraft. 4. Denied. 5. Admitted in part and denied in part. It is admitted that at the times specified in Plaintiff's Complaint, Dr. Dailey acted in the course of his employment through Dailey Eye Associates providing eye care services to Dorothy Kraft. The remaining averments of this paragraph to Plaintiff's Complaint are denied as Dr. Dailey does not know what it is that Plaintiffs are alleging. 6. Admitted. 7. Admitted. 8-9. Denied. The averments of these paragraphs of Plaintiff's Complaint are generally denied in accordance with Pennsylvania Rule of Civil Procedure No. 1029(e). 10-11. Denied. The averments of this paragraph of the Plaintiff's Complaint recite medical and legal conclusions to which no response is required. It is averred, however, that at all times and for all purposes relevant to his professional involvement in this matter, Dr. Dailey acted appropriately and in a fashion commensurate with standards of ophthalmology care applicable under similar circumstances and he in no way negligently or otherwise caused or contributed to cause or increased the risk of causing any injury or damage to Plaintiff. COUNT I. PLAINTIFF, DOROTHY KRAFT V. ALL DEFENDANTS, JOHN R. DAILEY, M.D. AND DAILEY EYE ASSOCIATES 12. Dr. Dailey incorporates herein by reference his answers to paragraphs I-11 above as if the same were set forth in their entirety. 13a-c. Denied. The averments of this paragraph and subparagraphs of the Plaintiff's Complaint recite medical and legal conclusions to which no response is required. It is averred, however, that at all times and for all purposes relevant to his professional involvement in this matter, Dr. Dailey acted appropriately and in a fashion commensurate with standards of ophthalmology care applicable under similar circumstances and he in no way negligently or otherwise caused or contributed to cause or increased the risk of causing any injury or damage to Plaintiff. 14. Denied. The averments of this paragraph of Plaintiff's Complaint recite medical and legal conclusions to which no response is required. It is averred, however, that at all times and for all purposes relevant to his professional involvement in this matter, Dr. Dailey acted appropriately and in a fashion commensurate with standards of ophthalmology care applicable under similar circumstances and he in now way negligently or otherwise caused or contributed to cause or increased the risk of causing any injury or damage to Plaintiff. WHEREFORE, Defendants, John R. Dailey, M.D. and Dailey Eye Associates, demand judgment in their favor together with costs and reasonable attorney's fees associated with being compelled to defend against this frivolously filed lawsuit. NEW MATTER 15. Plaintiff's Complaint, in whole or in part, fails to state causes of action cosignable under Pennsylvania Law. 16. To the extent applicable and to the extent that it may later prove to be applicable, Defendants plead the statute of limitations referable to personal injury action in Pennsylvania to preserve this affirm defense for the record. 17. At all times and for all purposes relevant to his professional involvement in this matter, Dr. Dailey acted appropriately and in a fashion commensurate with the standards of ophthalmology care applicable under similar circumstances and he in no way negligently or otherwise caused or contributed to cause or increased the risk of causing any injury or damage to Plaintiff. 18. To the extent that discovery reveals, Defendants plead Plaintiff s contributory/comparative negligence and/or assumption of risk to preserve these affirmative defenses for the record. 19. Plaintiff's allegations of negligence as against Defendants are without reasonable basis in fact or medicine and may constitute an abuse of civil process. 20. Defendants hereby plead all rights and defenses available under Pennsylvania's Healthcare and Medical Malpractice Act. 21. Defendants hereby plead all rights and defenses available under the Medical Care Availability and Reduction of Error Act, 40 P.S. § 1303 et seq. WHEREFORE, Defendants, John R. Dailey, M.D. and Dailey Eye Associates, demand judgment in their favor together with costs and reasonable attorney's fees associated with being compelled to defend against this frivolously filed lawsuit. Date: By: i, Esquire Court I.D. No. 32646 Attorneys for Defendants John R. Dailey, M.D. and Dailey Eye Associates VERIFICATION I, John R. Dailey, M.D., have read the foregoing Answer and New Matter to Plaintiff's Amended Complaint which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: (5hn R. Dailey, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on all counsel of record and interested parties by placing the same in the United States mail at Camp r_ 41K., Hill, Pennsylvania, first-class postage prepaid, on the day of n& , 2007, and addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20" Floor Philadelphia, PA 19107 (Counsel for Plaintiff} MARGOLIS EDELSTEIN /?finq& yo__ - An ela . Gayman, Secre C `= ' : ( C'' X 'r# prN E, SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: Richard S. Seidel, Esquire Attorney I.D. No. 55801 121 S. Broad Street, 20th Floor Philadelphia, PA 19107 (215) 545-9300 DOROTHY KRAFT Plaintiffs, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES JURY TRIAL DEMANDED. THIS IS NOT AN ARBITRATION MATTER. ASSESSMENT OF DAMAGE IS REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO, 07-1766 Defendants. PLAINTIFF, DOROTHY KRAFT'S RESPONSE TO DEFENDANTS NEW MATTER 15-21. Denied. The allegations contained in this paragraph are conclusions of law, and therefore, are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, plaintiff, Dorothy Kraft, hereby demands judgment against defendants, John R. Dailey, M.D. and Dailey Eye Associates, jointly and/or severally, in an amount in excess of Fifty-Thousand Dollars ($50,000.00), plus fees, costs and delay damages. SEIDEL WEITZ GAR.FINKLE & DATZ, LLC By: RICHA EIDEL, ESQUIRE Attorney for Plaintiffs DATE: CERTIFICATE OF SERVICE I, RICHARD S. SEIDEL, ESQUIRE, hereby certify that Plaintiff, Dorothy Kraft's Response to Defendants New Matter was served upon the following by first class mail, postage prepaid, on June //, 2007: Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 SEIDEL WEITZ GARFINKLE & DATZ, LLC By: 7 -K RICH zf- . SEIDEL, ESQ IRE Attorney for Plaintiffs ? ? ? _ ? ..F_ -c, ??? ? ?' ' _ -'c? ; _ , :; ?'' ?- _... r,? -:- •• c? SHERIFF'S RETURN - REGULAR CASW NO: 2007-01766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRAFT DOROTHY VS DAILEY JOHN R MD ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAILEY JOHN R MD the DEFENDANT , at 1355:00 HOURS, on the 17th day of April , 2007 at 1857 CENTER STREET CAMP HILL, PA 17011 by handing to MANDY PFEIFFER, OFFICE ASST, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 .00 5?aa.lo? ? 43.36 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/18/2007 SEIDEL WEITZ GARFINKLE DATZ By. Dep ty Sheriff of , A. D. SHERIFF'S RETURN - REGULAR CAS#F NO: 2007-01766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRAFT DOROTHY VS DAILEY JOHN R MD ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAILEY EYE ASSOCIATES the DEFENDANT at 1355:00 HOURS, on the 17th day of April , 2007 at 1857 CENTER STREET CAMP HILL, PA 17011 by handing to MANDY PFEIFFER, OFFICE ASST, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 04/18/2007 SEIDEL WEITZ GARFINKLE DATZ Sworn and Subscibed to By: before me this day Depu y Sheriff of A. D. MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: 17171 760-7500 General Telephone: 17171 975-8114 Fax: 17171 975-8124 E-Mail: mbadowski(&mareolisedelstein.com Attorneys for Defendant JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES DOROTHY KRAFT, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MOTION TO COMPEL DISCOVERY Docket No. 07-1766 JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL DISCOVERY AND NOW, come Defendants, John R. Dailey, M.D., and Dailey Eye Associates ("Moving Defendants"), by and through their counsel, Margolis Edelstein, to compel Plaintiff, Dorothy Kraft ("Plaintiff'), to provide certain discovery, and aver the following in support thereof : 1. The above-captioned medical professional liability action was initiated by Writ of Summons, followed by a Complaint on or about March 14, 2007. 2. Following Preliminary Objections to Plaintiff's Complaint, an Amended Complaint was filed on or about May 3, 2007. A copy of Plaintiff's Amended Complaint is attached hereto as Exhibit "A." By way of her Amended Complaint, Plaintiff alleges that Moving Defendants were negligent in failing to timely diagnose and treat her eye condition. 4. On or about June 6, 2007, Moving Defendants filed an Answer with New Matter to Plaintiff's Amended Complaint denying any and all allegations of medical professional liability. 5. By letter dated September 21, 2007, Moving Defendants served Plaintiff with a second set of interrogatories. A copy of the September 21, 2007 letter and the interrogatories are attached hereto collectively as Exhibit "B." 6. The second set of interrogatories seeks information with regard to the identification of healthcare providers, the dates of such visits and the reasons therefore. In addition, the second set of interrogatories seeks information regarding any brochures or literature provided to Plaintiff by her healthcare providers. 7. The information requested by way of the second set of interrogatories is clearly relevant to the instant medical professional liability action and is certainly discoverable pursuant to Pa.R.C.P. No. 4003.1. As set forth in Pa.R.C.P. No. 4006, a party has thirty (30) days to provide verified answers to interrogatories. The thirty (30) day time period for Plaintiff's answers to the second set of interrogatories expired on October 21, 2007. 9. By letter dated November 21, 2007, Moving Defendants again requested that Plaintiff provide answers to the second set of interrogatories or face a motion to compel the same. A copy of the letter of November 21, 2007 is attached hereto as Exhibit "C." 10. To date, Plaintiff has failed to provide any answers to the second set of interrogatories or a reason for her failure to do so. 11. In addition, on September 18, 2007, Moving Defendants provided notice of intent -2- to serve a subpoena to produce documents upon Marietta Banogon, M.D. A copy of the notice is attached hereto as Exhibit "D." 12. On October 8, 2007, when no objection had been received by Plaintiff's counsel, a subpoena was served upon Dr. Banogon's practice, seeking Plaintiff's medical records. A copy of the certificate prerequisite to the service of a subpoena is attached hereto as Exhibit "E." 13. Thereafter, Plaintiff's counsel apparently contacted Dr. Banogon's office directly and informed them that the subpoena should not be honored and the requested documents should not be released. A copy of a letter from Dr. Banogon's office to this effect, dated October 29, 2007 is attached hereto as Exhibit "F." 14. While Plaintiff s counsel has stated that the records from Dr. Baongon's office are irrelevant to the current medical professional liability claim, Moving Defendants respectfully disagree. 15. Plaintiff's eye condition, which is the subject of the instant litigation, may have been affected by her blood pressure. While Dr. Baongon's office dealt with Plaintiff's gynecology issues, it is not unreasonable to assume that vital signs were taken which could shed light on Plaintiff's blood pressure during the relevant time period. 16. In addition, it is not unreasonable to believe that Plaintiff may have made statements concerning her eye issues to Dr. Banogon, despite the fact that she was treating her for unrelated issues. 17. In short, the only way to know whether Dr. Banogon's records contain relevant information is to review the same. Plaintiff's counsel should not be permitted to make such a determination unilaterally. -3- 18. Plaintiff's failure to timely provide answers to the second set of interrogatories and/or allow the release of Dr./ Banogon's records prejudices Moving Defendants by hampering their ability to prepare a defense, particularly in light of the fact that Plaintiff's deposition is scheduled for January 4, 2008. 19. Based upon the foregoing, Moving Defendants seek an Order from this Court, pursuant to Pa.R.C.P. No. 4019, compelling Plaintiff to provide full and complete answers to the second set of interrogatories and a copy of Dr. Banogon's records within ten (10) days or suffer sanctions upon further motion. 20. No judges have been assigned to this case, nor has any judge issued any rulings in the case. 21. As set forth above, Plaintiff's counsel has refused to provide the discovery requested and, therefore, clearly does not concur in the instant Motion. WHEREFORE, Defendants, John R. Dailey, M.D., and Dailey Eye Associates, respectfully request that this Honorable Court issue an Order compelling Plaintiff, Dorothy Kraft, to provide full and complete answers to the second set of interrogatories and a copy of Dr. Banogon's records within ten (10) days or suffer sanctions upon further motion. MARGOLIS Date: al 3y D By: //XV Shaun J. N?tfm f d, quire Court I.D. No. 841 Attorneys for Def darts John R. Dailey, D. and Dailey Eye Ass. -4- CERTIFICATE` OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on all counsel of record and interested parties by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 2;7 day of 2007, and addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 2Wh Floor Philadelphia, PA 19107 (Counsel for Plaintiff} MARGOLIS EDELSTEIN 0a k_? X I,1 ? 1 '?" A" SEIDEL WEITZ GARFINKLE & DATZ, LLC JURY TRIAL DEMANDED. BY: Richard S. Seidel, Esquire THIS IS NOT AN ARBITRATION Attorney I.D. No. 55801 MATTER. ASSESSMENT OF 121 S. Broad Street, 201h Floor DAMAGE IS REQUIRED. Philadelphia, PA 19107 (215) 545-9300 DOROTHY KRAFT COURT OF COMMON PLEAS 436 Parkside Road CUMBERLAND COUNTY Camp Hill, PA 17011 : Plaintiffs, V. JOHN R. DAILEY, M.D. c o 1857 Center Street - -- TY; r Camp Hill, PA 17011 - - rT1 and o ?g DAILEY EYE ASSOCIATES r o 1857 Center Street F ci Camp Hill, PA 171011 NO. 07-1766 AC-L Ca rn Defendants. - x- MALPRACTICE - MEDICAL AMENDED COMPLAINT - CIVIL ACTION NOTICE AVISO "You have been sued in court. If you wish to defend "Le han demandado a usted en la corte. Si usted against the claims set forth in the following pages, you quiere defenderse de estas demandas expuestas en las must take action within.twenty.(20) days after this paginas siguientes, usted tiene yeinte (20) dia de complaint and notice are served, by entering a written plazo al partir de la'fecha de la demanda y la appearance personally or by attorney and filing in writing notificacian. Hace falta asentar una comparencia with the court your defenses or objections to the claims set escrita o en persona o con un abogado y entregar ala forth against you. You are warned that if you fail to do so corte en forma escrita sus defensas o sus objeciones a the case may proceed without you and a judgment may be las demandas en contra de su persona. Sea avisado entered against you by the court without further notice for que si usted no se defiende, la cone tomaramedidas y any money claimed in the complaint or for any other claim puede continuar la demanda en contra suya sin previo or relief requested by the plaintiff. You may lose money or aviso o notificackn. Adema, la corte puede decidir a property or other rights important to you. favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede "YOU SHOULD TAKE THIS PAPER TO YOUR perder dinero o sus propiedades u otros derechos LAWYER AT ONCE. IF YOU DO NOT HAVE A importantes para usted. LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. "LLEVE ESTA DEMANDA A UN ABODADO INMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle, PA 17013 717) 249-3166 AMENDED COMPLAINT - CIVIL ACTION 1. Plaintiff, Dorothy Kraft, is an individual and citizen of the Commonwealth of Pennsylvania and resides at 436 Parkside Road, Camp Hill, Pennsylvania 17011. 2. Defendant, John R. Dailey, M.D., is an individual and citizen of the Commonwealth of Pennsylvania and was qualified to do business in Pennsylvania. Defendant, John R. Dailey, M.D. maintains a place of business at 1857 Center Street, Cam p Hill, PA 17011. 3. Defendant, Dailey Eye Associates, is a corporation and/or partnership licensed to do business in the Commonwealth of Pennsylvania. Defendant, Dailey Eye Associates maintains a place of business at 1857 Center Street, Camp Hill, Pennsylvania 17011 and provided medical services to patients such as Dorothy Kraft. 4. At all times relevant hereto.,. defendants acted by and, through each other and were at all times material hereto, agents, servants and employees of each other, providing eye care to plaintiff, Dorothy Kraft. 5. At all times relevant hereto, defendants acted by and through their respective agents (actual and/or ostensible), servants, workmen, and employees agents in providing eye care services to Dorothy Kraft including the medical staff of Dr. Dailey and Dailey Eye Associates who either cannot be identified in the office records due to illegibility or do not appear in the records at all. 6. In or about December 1998, plaintiff, Dorothy Kraft, came under the care of John R. Dailey, M.D. and Dailey Eye Associates. 7. On or about April 25, 2005, plaintiff underwent cataract surgery on her right eye. 8. After the surgery, plaintiff noted a spot in her temporal vision on the right side, and was found to have a posterior vitreous detachment. At her follow-up for the posterior vitreous detachment, on July 12, 2005, plaintiff noted a new symptom of fuzziness in her central vision with a "flashbulb" appearance a times. Plaintiff was found to have 20/20 acuity, however, her retinal examination showed an area in the macular papular bundle that looked like a branch retinal artery occlusion. 9. On July 15, 2005, plaintiff was referred to Michael J. Banach, M.D., for work-up of the branch retinal artery occlusion. Dr. Banach confirmed the presence of a large cotton wool spot of ischemia in the plaintiff s macula. The two most likely explanations of this finding were a branch retinal artery occlusion and hypertensive retinopathy. 10. Neither of these conditions were addressed by Dr. Dailey, resulting in retinal damage which was first noted by plaintiff's primary care physician six weeks after surgery and a month after plaintiffs first complaint of a cloudy spot in her vision. 11. Defendants' conduct increased the risk of harm to plaintiff and such harm occurred. COUNTI PLAINTIFF, DOROTHY KRAFT V. ALL DEFENDANTS, JOHN R. DAILEY, M.D. AND DAILEY EYE ASSOCIATES 12. The plaintiff incorporates by reference paragraphs 1 through 11 of the Complaint as if the same were fully set forth at length herein. 13.. Defendants, John R. Dailey, M.D. and Dailey Eye Associates, individually and by and through their respective agents (ostensible and/or actual), servants, workmen, and employees, who are unidentifiable due to illegibility or failure to appear in the records, were jointly and/or severally negligent in the care and treatment of Dorothy Kraft in the following respects: a. Failing to diagnose and/or appropriately treat plaintiff s conditions including elevated intraocular pressure and ocular hypertension before, during and/or subsequent to surgery; b. . Failing to provide timely, appropriate and necessary care and treatment to plaintiff before, during and/or subsequent to surgery including measures to lower the intraocular. pressure and hypertension to prevent and/or treat the resulting macula injury, branch retinal vein occlusion and/or hypertensive retinopathy; C. Failing to properly and timely diagnose plaintiff s conditions and failing to properly and timely treat plaintiffs conditions, including more post-operative visits in light of the elevated pressure and hypertension present in plaintiff's eye, failure to timely , adequately and appropriately provided post-operative care thus increasing the risk of harm. 14. As a result of the negligence of defendants, plaintiff has suffered, continues to suffer and will in the future suffer pain and suffering, emotional distress, disfigurement, loss of life's pleasures, the need for medical care and cost of medical care, embarrassment and humiliation all to -her great detriment and loss. WHEREFORE; plaintiff, Dorothy Kraft, hereby demands judgment against defendants, John R. Dailey, M.D. and Dailey Eye Associates, jointly and/or severally, in an amount in excess of Fifty- Thousand Dollars ($50,000.00), plus fees, costs and delay damages. SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: RICHARD S. DEL ATTORNEYS FOR PLAINTI F Date: VERIFICATION I, Dorothy Kraft, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information or belief. I understand that the statements herein are made subject to the penalty of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. DATE: DOROTH KRAFT CERTIFICATE OF SERVICE I, RICHARD S. SEIDEL, ESQUIRE, hereby certify that Plaintiffs Amended Complaint was served upon the following by first class mail, postage prepaid, on May z-, 2007: Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: ATTORNEYS FOR PLAINTIFF ???????? Cristy L Brenneman, CIA Direct Dial (7M 760-7516 crenneman@maraolisedelatein.com ATTORNEYS AT LAW www.margolisedelstein.com HARRISBURG OFFICE:* 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAx 717-975-8124 PHILADELPHIA OFFICE:* THE CURTIS CENTER, 4TH FLOOR 601 WALNUT STREET INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215-922-1772 PITTSBURGH OFFICE: 525 WILLIAM PENN PLACE SUITE 3300 PITTSBURGH, PA 15219 412-281-4256 FAX 412-642-2380 SCRANTON OFFICE: 220 PENN AVENUE SUITE 305 SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 CENTRAL PENNSYLVANIA OFFICE: ALLEGHENY PROFESSIONAL CENTER SUITE 303 1798 OLD ROUTE 220 NORTH P.O. Box 628 HOLLIDAYSBURG, PA 16648 814-695-5064 FAX 814-695-5066 SOUTH NEW JERSEY OFFICE:' SENTRY OFFICE PLAZA 216 HADDON AVENUE, 2ND FLOOR P.O. Box 92222 WESTMONT, NJ 08108 856-858-7200 FAX 856.858-1017 NORTH NEW JERSEY OFFICE: CONNELL CORPORATE CENTER THREE HUNDRED CONNELL DRIVE SUITE 6200 BERKELEY HEIGHTS, NJ 07922 908-790-1401 FAX 908-790-1486 DELAWARE OFFICE: 1509 GILPIN AVENUE WILMINGTON, DE 19806 302-777-4680 FAX 302-777-4682 September 21, 2007 Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, Floor 20 Philadelphia, PA 19107-4553 RFILE CAFy Re: Dorothy Kraft u. John R. Dailey, M.D., et al. Civil Docket No. 07-1766 Our File No. 57300.4-00238 Dear Mr. Seidel: Enclosed please find a second set of Interrogatories of Dr. Dailey, and Dailey Eye Associates, propounded for answer by the Plaintiff. We look forward to receiving your client's answers pursuant to the applicable Pennsylvania Rules of Civil Procedure. Thank you. Very truly yours, Cristy L. Brenneman, CLA Certified Legal Assistant Enclosure bc: Len Leer (Claim No. 340992-01) (w/enclosure) * MEMBER OF THE HARMONIE GROUP ?? Gl,? I?,`?- ?- Michael M. Badowsld Direct Dial: [717] 760-7500 mbadowsid@margolisedelstein.com ATTORNEYS AT LAW www.margolisedelstein.com HARRISBURG OFFICE:" November 21, 2007 $510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 Richard S. Seidel, Esquire CQ PHILADELPHIA OFFICE:" Seidel, Weitz, Garfinkle & Datz, LLC lOy THE CURTIS CENTER, 4TH FLOOR Floor 20 121 South Broad Street 601 WALNUT STREET , INDEPENDENCE SQUARE WEST PA 19107-4553 Philadelphia PHILADELPHIA, PA 19106-3304 , 215-922-1100 FAX 215-922-1772 Re: Dorothy Kraft u. John R. Dailey, M.D., et al. PITTSBURGH OFFICE: Civil Docket No. 07-1766 525 WILLIAM PENN PLACE 57300 4-00238 Our File No SUITE 3300 . . PITTSBURGH, PA 15219 412-281-4256 FAX 412-642-2380 Dear Mr. Seidel: SCRANTON OFFICE: 220 PENN AVENUE we served you with a Second Set of Interrogatories, 2007 On September 21 SUITE 305 SCRANTON, PA 18503 , , for which you have not provided answers. Also, please allow this to serve as a 570-342-4231 we have not received your client's responses to our reminder that to date FAX 570-342-4841 , Request for Production of Documents (originally served on June 15, 2007) CENTRAL PENNSYLVANIA OFFICE: ment Interrogatories (originally lemental Medical Insurance/Pa and the Su ALLEGHENY PROFESSIONAL CENTER y pp SUITE 303 2007). and another copy sent on June 26 2007 serve on May 10 1798 OLD ROUTE 220 NORTH , , , P.O. BOX 628 5 PA 16648 Please get all answers to outstanding discovery to us no later than December 695- 814-695 50664 4 814-- FAX 814-695-5066 5, 2007 to avoid the necessity of filing a Motion to Compel. SOUTH NEW JERSEY OFFICE:' ,-SENTRY OFFICE PLAZA Very truly yours, 216 HADDON AVENUE, 2ND FLOOR P.O. BOX 92222 WESTMONT, NJ 08108 856-858-7200 FAX 856-858-1017 NORTH NEW JERSEY OFFICE: Michael M. Badowski CONNELL CORPORATE CENTER THREE HUNDRED CONNELL DRIVE SUITE 6200 /cIb BERKELEY HEIGHTS, NJ 07922 908-790-1401 FAX 908-790-1486 bc: Len Leer (Claim No. 340992-01) DELAWARE OFFICE: 1509 GILPIN AVENUE WILMINGTON, DE 19806 302-777-4680 FAX 302-777-4682 MEMBER OF THE HARMONIE GROUP 4 Certified as a Civil Trial Advocate by the National Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency Ex k, ?; -?- SUBPOENA NOTICE OF INTENT PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Dorothy Kraft Common Pleas VS. John R. Dailey, M.D., and Dailey Eye Associates 07-1766 Page I of 3 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Marietta Banogon All available TO: Richard S. Seidel, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Michael Bad owski, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 9/18/2007 CC: Michael Badowski, Esquire - Common Pleas mo-? 9164 )4W If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Michael Badowski, Esquire Defense http://rats.litsol.com/ratsevents/notice_of intent.asp?save_reportto_db=X&PLid=PL2272... 9/18/2007 SUBPOENA NOTICE OF INTENT Page 2 of 3 COUNSEL LISTING FOR DOROTHY KRAFT VS. JOHN R. DAILEY, M.D., AND DAILEY EYE ASSOCIATES County of Cumberland Common Pleas Counsel Firm Counsel Type Seidel, Esquire, Richard S. 121 South Broad Street, 20th Floor Philadelphia PA 19107 Opposing Counsel . 216-545- q, cW http://rats.litsol.com/ratsevents/notice-of intent.asp?save_report to_db=X&PLid=PL2272... 9/18/2007 SUBPOENA NOTICE OF INTENT Page 3 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft Common Pleas vs. John R. Dailey, M.D., and Dailey Eye Associates 07-1766 Request For Records Copies Related To Subpoena Document Request Provider: Copy Sets Requested: Marietta Banogon Please return this completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for prepayment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding this matter, please don't hesitate to contact Wendy Schimmel at 412.253.1099. Date of Issue: 9/18/2007 http://rats.litsol.com/ratsevents/notice_of intent.asp?save_report _to_db=X&PLid=PL2272... 9/18/2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft VS. John R. Dailey, Eye Associates M.D., and Dailey ' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 07-1766 TO: Banogon (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: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michael Badowski, Esquire ADDRESS3510 Trindle Road Camp Hill PA, 17011 TELEPHONER 17 - 9 7 5 - 8114 SUPREME COURT ID #3 2 6 4 4 ATTORNEY FOR )e f ens e BY THE COURT: Date: AV,. 24 9,-7 361 of the Court /0Y Z&a4d Prothonotary, Civil Di ' ' n ??J/ Depu-q7-, SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Marietta Banogon 4700 Union Deposit Road, Suite 140 Harrisburg PA 17111 Attention: Records Department Subject: Kraft, Dorothy SS#: 195-38-8820 Date of Birth: 12/16/1946 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession 12/16/1946 to present regarding the above- named patient, including but not limited to: Medical records (charts, test results, reports, correspondence, office notes) Billing records. http://rats.litsol.comlratsevents/subpoena-rider.asp?PLid=PL227280&WRid=WR31989 9/18/2007 6 " k; bf,4-? E SUBPOENA RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft VS. John R. Dailey, M.D., and Dailey Eye Associates Page 3 of 4 i -1 { 4' ? i Common Pleas Case Number: 07- 1766 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill 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: 10/8/2007 Litigation Solutions, LLC on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill CC: Michael Badowski, Esquire Margolis Edelstein - Camp Hill 3510 Trindle Road Camp Hill PA 17011 Attorney for the Defense http://rats.litsol. comlratsevents/subpoena-records.asp?WRid=WR31989&PLid=PL227280... 10/8/2007 SUBPOENA NOTICE OF INTENT Page I of 3 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Dorothy Kraft Common Pleas VS. John R. Dailey, M.D., and Dailey Eye Associates 07-1766 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Marietta Banogon TO: Richard S. Seidel, Esquire note: please see enclosed list of all other interested counsel All available Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 9118/2007 CC: Michael Badowski, Esquire - Common Pleas r'1w y0 , ?z -Caf'?p )-,w If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Michael Badowski, Esquire Defense http://rats.litsol.com/ratsevents/notice-of intent.asp?save report to db=X&PLid=PL2272 9/I R/)nn7 SUBPOENA NOTICE OF INTENT Page 2 of 3 COUNSEL LISTING FOR DOROTHY KRAFT VS. JOHN R. DAILEY, M.D., AND DAILEY EYE ASSOCIATES County of Cumberland Common Pleas Counsel Firm Counsel Type Seidel, Esquire, Richard S. 121 South Broad Street, 20th Floor Philadelphia PA 19107 Opposing Counsel x15-545- g360 aid= Roq - Fa 2-4 http://rats.litsol.com/ratsevents/notice-of intent.asp?save_report_to_db=X&PLid=PL2272.__ Q11 R11AA7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft M.D., and Dailey ' File No. 07-1766 VS. John R. Dailey, Eye Associates SUBPOENA TO PRODUCE DOCUMENTS OR TRINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Marietta Banogon (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: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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: Michael Badowski, Esquire ADDRESS3510 Trindle Road Camp Hill PA, 17011 TELEPHONE-717-975-8114 SUPREME COURT ID #3 2 6 4 4 ATTORNEY FOR)e f e n s e BY THE COURT: Date: - o;&y7 e4l of the Court Prothonotary, Civil Di n ?. I SUBPOENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Marietta Banogon 4700 Union Deposit Road, Suite 140 Harrisburg PA 17111 Attention: Records Department Subject: Kraft, Dorothy SS # : 195-38-8820 Date of Birth: 12/16/1946 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession 12/16/1946 to present regarding the above- named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Billing records. http://rats.litsol.cony/ratsevents/subpoena-rider.asp?PLid=PL227280&WRid=WRI I9R4 011 Q/-Jf%^-7 4 MARGARET M HAWN M 0 KENNETH J. OKEN MO. ANDREW PERROTTI, M.D. EMMA G. CARGADO-LEYNES D O PARUL KRISHNAMURTHY, M 0 RICHARD D CRISPINO M D October- 29, 2007 Litigation Solutions, LLC Wendy Schimmel Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Dear Ms.. Schimmel PIERRE B. EUGENE. M 0 KATHARYN L KRAEMER C N M ELAINE Y GREENE, C.N M SHARON L JONES C R N P DEB MCHUGH C R N P I have been advised by Dorothy Powell's counsel that these medical records have nothing to do with her eye problem. They should not be released.. If you have any questions, please contact her, counsel., Sincerely, Deanna M. Schaffstall i Practice Manager DRS. McCALL • BANOWN • HAWN • ASSOCIATES, P.C. 4700 UNION DEPOSIT ROAD SUITE 140 HARRISBURG PENNSYLVANIA 17111 Practice Ututed To OBSTETRICS AND GYNECOLOGY (717) 652-6605 DMS/dlg O ? -?? c? ?:... c --?' _-a `- ? , 5` ? i i } ? 1- - ?^' ? ? ::1 -.,`? i. . 1 ?,,. S ..` ?? e? 5.. ? ' ? ?4 AN. ?:_aoo8 DOROTHY KRAFT, Plaintiff V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE Docket No. 07-1766 RULE TO SHOW CAUSE AND NOW, on this 3 day of , 2005, a Rule is hereby issued upon Plaintiff, Dorothy Kraft, to show cause, if any exists, why the Court should not grant the Motion to Compel Discovery of Defendants, John R. Dailey, M.D., and Dailey Eye .rw.jjq (i O) Associates. The Rule is returnable within to 4449 days. ai BY THE COURT: Li?? •s ?tra ),Jrns'? to I £ -.01 WV £- Nvr HE 1 .1l g am`W IJOD - 80-f-/ 3011 ! C I !+ 14. Plaintiff Defendants Docket No. 07-1766 JURY TRIAL DEMANDED PROOF OF SERVICE The attached Rule to Show Cause has been served upon the following by placing the MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: 17171 760-7500 General Telephone: 17171975-8114 Fax: [7171975-8124 E-Mail: mbadowsld(&margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOROTHY KRAFT, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, same in the United States mail, first-class postage prepaid, on the 9' day of January, 2008, and addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20'h Floor Philadelphia, PA 19107 (Counsel for Plaintifj) Attorney for Defendant JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES CIVIL ACTION - LAW MEDICAL MALPRACTICE ,L 'JAN OS 2008 DOROTHY KRAFT, Plaintiff V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE Docket No. 07-1766 RULE TO SHOW CAUSE AND NOW, on this JACL day of , 2008, a Rule is hereby issued upon Plaintiff, Dorothy Kraft, to show cause, if any exists, why the Court should not grant the Motion to Compel Discovery of Defendants, John R. Dailey, M.D., and Dailey Eye Tway Lao) Associates. The Rule is returnable within terr{"9j clays. a-f r6jw'! E, . BY THE COURT: .: Ten! : r I here va. * •' t i' •. std.'. t c.•d s :4 Cour rL`.C?' y ?? m-?' ^? l _ rte` K ` MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: [7171760-7500 General Telephone: [7171975-8114 Fax: [7171975-8124 E-Mail: mbadowskina,margolisedelstein.com DOROTHY KRAFT, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Plaintiff Defendants Attorneys for Defendant JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MOTION TO COMPEL DISCOVERY Docket No. 07-1766 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW DEFENDANTS' MOTION TO COMPEL DISCOVERY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the Motion to Compel Discovery of Defendants, in the above-captioned matter. MARGOLIS ED 4 Date: Z 3 Id By: Shaun rMu"mf d, Esquire Court I.D. No. 4176 Attorneys for Defendants John R. Dailey, M.D. and Dailey Eye Ass. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on all counsel of record and interested parties by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the J day of 2008, and addressed as follows: Richard S. Seidel, Esquire Jeffrey Datz, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20t" Floor Philadelphia, PA 19107 (Counsel for Plaintiff MARGOLIS EDELSTEIN 0" n" ;w : 7 SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: RICHARD S. SEIDEL JEFFREY B. DATZ ATTORNEY ID#: 55801 ATTORNEY ID#: 86750 121 S. BROAD STREET, 20TH FLOOR PHILADELPHIA, PA 19107 ATTORNEYS FOR PLAINTIFFS' (215) 545-9300 DOROTHY KRAFT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES NO. 07-1766 Defendants. PLAINTIFFS' OBJECTIONS TO NOTICE OF INTENT TO SERVE SUBPOENA UPON DAVID AMATO, D.O. PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 4009.21 Plaintiffs' object to the Notice of Intent to Serve Subpoena upon David Amato, D.O. as the proposed subpoena is overly broad, unreasonably burdensome, unlimited in time and scope, harassing, oppressive and not relevant to the subject matter of the action. SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: 6 RPA15 S. EIDEL JEFFREY B. DATZ ATTORNEYS FOR PLAINTIFFS' PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Dorothy Kraft VS. John R. Dailey, M.D., and Dailey Eye Associates Common Pleas 07-1766 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: David Amato, D.O. All available TO: Richard S. Seidel, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 1/29/2008 CC: Michael Badowski, Esquire - Common Pleas maw l is L' (4dII If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Michael Badowski, Esquire Defense http://rats.litsol.com/ratsevents/notice_of intent.asp?save_report_to_db=X&PLid=PL244229&WRid=W... 1/29/2008 COUNSEL LISTING FOR DOROTHY KRAFT VS. JOHN R. DAILEY, M.D., AND DAILEY EYE ASSOCIATES 7 i County of Cumberland Common Pleas Counsel Firm Counsel Type Seidel, Esquire, Richard S. 121 South Broad Street, 20th Floor Philadelphia PA 19107 Opposing Counsel (pin)a(5, 585.9300 ( rvc) a67 . goq • va.--L I httD://rats.litsol.com/ratsevents/notice of intent.asn?save report to db=X&PLid=PL244229&WRid=W... 1/29/2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • Dorothy Kraft Common Pleas VS. John R. Dailey, M.D., and Dailey Eye Associates 07-1766 Request For Records Copies Related To Subpoena Document Request Provider: Copy Sets Requested: David Amato, D.O. Please return this completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for prepayment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding this matter, please don't hesitate to contact Wendy Schimmel at 412.253.1099. Date of Issue: 1/29/2008 httD:Hrats.litsol.com/ratsevents/notice of intent.asn?save renort to dh=X&PT.id=PT,244229&WRid=W... 1/29/20OR I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft File No. 07-1766 VS. John R. Dailey, M.D., and Dailey Eye Associates SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: David Amato, D.O. (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: (PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting 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: Michael Badowski, Esquire ADDRESS3510 Trindle Road Camp Hill PA, 17011 TELEPHONE:? 17 - 9 7 5- 8114 SUPREME COURT ID #3 2 6 4 4 ATTORNEY FOR-De f e n s e Date: 7g/ ??x? Seal of the Court BY THE TJRT: PKthonotary, C' ivis' n Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: David Amato, D.O. 845 Sir Thomas Court, Suite 1 Harrisburg PA 17109 Attention: Records Department Subject: Kraft, Dorothy SS# : 195-38-8820 Date of Birth: 12/16/1946 Requested Items: Please remit: a complete copy of any and all documents in your possession (from 12/16/1946 to present) regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Billing records. http://rats.litsol.comlratsevents/subpoena-rider.asp?PLid=PL244229&WRid=WR31989 1/29/2008 CERTIFICATE OF SERVICE 1, Jeffrey B. Datz, Esquire, hereby certify that service of Plaintiffs' Objection to Proposed Subpoena to David Amato, D.O. for records of Dorothy Kraft was made on the 13`h day of February, 2008 via First Class U.S. Mail, postage prepaid, and facsimile upon the following counsel: Michael M. Badowski, Esquire Litigation Solutions, LLC Margolis Edelstein Brentwood Towne Centre 3510 Trindle Road 101 Towne Square Way, Ste 251 Camp Hill, PA 17011 Pittsburgh, PA 15227 Fax: (717) 975-8124 Fax: (412) 882-3477 SEIDEL WEITZ GAar DATZ, LLC VA BY: RI ARD SEIDEL JEFFREY B. DATZ ATTORNEYS FOR PLAINTIFFS' 121 South Broad Street, 20`' Floor Philadelphia, PA 19107 (215) 545-9300 Ck? r rr) MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: [717] 760-7500 General Telephone: [717] 975-8114 Fax: [717]975-8124 E-Mail: mbadowsida,mareolisedelstein.com Attorneys for Defendant JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES DOROTHY KRAFT, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW MOTION TO COMPEL DISCOVERY Docket No. 07-1766 Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR SCHEDULING CONFERENCE AND NOW, come Defendants, John R. Dailey, M.D., and Dailey Eye Associates ("Moving Defendants"), by and through their counsel, Margolis Edelstein, to request a scheduling conference to establish discovery deadlines in the above-captioned matter, and aver the following in support thereof: 1. The above-captioned medical professional liability action was initiated by Plaintiff, Dorothy Kraft ("Plaintiff'), by Writ of Summons, followed by Complaint on or about March 14, 2007. 2. Following preliminary objections to Plaintiff's Complaint, an Amended Complaint was filed on or about May 3, 2007. 3. By way of her Amended Complaint, Plaintiff alleges that Moving Defendants were negligent in failing to timely diagnose and treat her eye condition. 4. On or about June 6, 2007, Moving Defendants filed an Answer with New Matter to Plaintiff's Amended Complaint denying any and all allegations of medical professional liability. 5. Since that time, discovery has progressed, including the exchange of written discovery and the taking of party depositions. 6. Additional discovery in this matter must take place, including the subpoenaing and receipt of Plaintiff's treating physicians as well as the scheduling of the depositions of the same, and the service of expert reports. 7. Moving Defendants seek a scheduling conference in order to establish discovery deadlines to ensure the efficient completion of the outstanding discovery mentioned above. 8. No judges have been assigned in this case, but Judge Hess has issued a Rule based upon a prior Discovery Motion filed by Moving Defendants. 9. Plaintiff's counsel has concurred in the instant Motion for Scheduling Conference. WHEREFORE, Defendants, John R. Dailey, M.D., and Dailey Eye Associates, respectfully requests that this Honorable Court issue an order scheduling a conference to establish discovery deadline in the above-captioned matter. MARGOLIS EDELSTEIN Date: 3 / // 0 1 4 i By: Shaun J. Murhf , Esquire Court I.D. N24176 Michael Bad ski, Esquire Court I.D. No. 32646 Attorneys for Defendants John R. Dailey, M.D. and Dailey Eye Ass. -2- . , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on all counsel of record and interested parties by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 10H, day of /Vart"h , 2008, and addressed as follows: Richard S. Seidel, Esquire Jeffrey Datz, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20t' Floor Philadelphia, PA 19107 (Counsel for Plaintiff) MARGOLIS EDELSTEIN ? ?rt IWN18M?r I DOROTHY KRAFT, I IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, I MOTION TO COMPEL DISCOVERY Defendants I Docket No. 07-1766 JURY TRIAL DEMANDED ORDER AND NOW, on this y day of, 2008, upon consideration of the Motion for Scheduling Conference of Defendants, John R. Dailey, M.D., and Dailey Eye Associates, and Plaintiff's concurrence in the same, it is hereby Ordered and Decreed that a scheduling conference is scheduled for the / day of 2008 in Courtroom No. at 3; 30 Apw\p.m. BY THE COURT -3- ? 1 ? 5 -11 411A --D DOROTHY KRAFT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, Defendants CIVIL ACTION - LAW NO. 07-1766 CIVIL IN RE: DEFENDANT'S MOTION FOR SCHEDULING CONFERENCE ORDER AND NOW, this 18'r day of April, 2008, following conference with counsel, we enter the following case management order: 1. All discovery in this case will be completed on or before December 1, 2008; 2. The plaintiffs expert report(s) will be forthcoming on or before February 1, 2009; 3. The defendants' expert report(s) will be furnished not later than sixty (60) days after defense counsel receives the plaintiffs expert report(s); and 4. Counsel are authorized to list this case for the trial of civil cases in June of 2009. Nothing herein shall prevent counsel from contacting the court to review the status of the case. BY THE COURT, I ,jZichard S. Seidel, Esquire ' Jeffrey Datz, Esquire For the Plaintiff ?Michael Badowski, Esquire ,,';Shaun Mumford, Esquire For the Defendant OCT I ?s -n 'at LL ti l F1 uZ ?i 71 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft Court of Common Pleas VS. John R. Dailey, M.D. & Dailey Eye Associates Case Number: 07- 1766 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill 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: 6/2/2008 Litigation Solutions, LLC on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill Attorney for the Defense CC: Michael Badowski, Esquire Margolis Edelstein - Camp Hill 3510 Trindle Road Camp Hill PA 17011 A PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Dorothy Kraft Court of Common Pleas Vs. john-R. Dailey, M.D_, & Dailey Eye Associates 07-1766 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Armesto Eye Associates T0: Richard S. Seidel, Esquire note: please see enclosed list of all other interested counsel Record Type: All available Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 5/13/2008 CC: Michael Badowski, Esquire - Court of Common Pleas MDx)?S-s E6rA!S)t?- n -Coxrp N)iA If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 2S1 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Michael Badowski, Esquire Defense PAGE 1 of 3 COUNSEL LISTING FOR DOROTHY KRAFT VS. JOHN R. DAILEY, M.D., & DAILEY EYE ASSOCIATES County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Seidel, Esquire, Richard S. 121 South Broad Street, 20th Floor Philadelphia PA 19107 Opposing Counsel ass-mss- a? c?> PAGE 2 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft VS. John R. Dailey, Associates 07-1766 File No. M.D., & Dailey Eye SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Armesto Eye Associates (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: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michael Badowski, Esquire ADDRESS:3510 Trindle Road Camp Hill PA, 17011 TELEPHONE: _ 717-975-8114 SUPREME COURT ID# 3 2 6 4 4 ATTORNEY FOR: Defense Date: M4..- I c?0V z Se k of fhe Court BY THE URT: P thonotary, C' ' ivisi Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Armesto Eye Associates 2025 Technology Parkway Suite 103 Mechanicsburg PA 17050 Attention: Records Department Subject: Kraft, Dorothy SS#: 195-38-8820 Date of Birth: 12/16/1946 Requested Items: Please RUSH: a complete copy of any and all documents in your possession (from 12/16/1946 to present) regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Billing records. PAGE 1 of 1 f?, ?... ,? C; t ?_ ?:? i ; ?y 4? `'7? ?' SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: RICHARD S. SEIDEL JEFFREY B. DATZ ATTORNEY ID#: 55801 ATTORNEY ID#: 86750 121 S. BROAD STREET, 20TH FLOOR PHILADELPHIA, PA 19107 (215) 545-9300 ATTORNEYS FOR PLAINTIFFS' DOROTHY KRAFT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES Defendants. NO. 07-1766 PLAINTIFFS' OBJECTIONS TO NOTICE OF INTENT TO SERVE SUBPOENA UPON CAPITOL BLUE CROSS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDU 4009.21 Plaintiffs' object to the Notice of Intent to Serve Subpoena upon Capitol Blue Cross as the proposed subpoena is overly broad, unreasonably burdensome, unlimited in time and scope, harassing, oppressive and not relevant to the subject matter of the action. SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: RARD S. SEIDEL JEFFREY B. DATZ ATTORNEYS FOR PLAINTIFFS' w CERTIFICATE OF SERVICE I, Jeffrey B. Datz, Esquire, hereby certify that service of Plaintiffs' Objection to Proposed Subpoena to Capitol Blue Cross for records of Dorothy Kraft was made on the day of June, 2008 via First Class U.S. Mail, postage prepaid, and facsimile upon the following counsel: Michael M. Badowski, Esquire Litigation Solutions, LLC Margolis Edelstein Brentwood Towne Centre 3510 Trindle Road 101 Towne Square Way, Ste 251 Camp Hill, PA 17011 Pittsburgh, PA 15227 Fax: (717) 975-8124 Fax: (412) 882-3477 SEIDEL WEITZ GARFINKLE & DATZ, LLC BY: Id... RICHARD S. SEIDEL JEFFREY B. DATZ ATTORNEYS FOR PLAINTIFFS' 121 South Broad Street, 20th Floor Philadelphia, PA 19107 (215) 545-9300 rn cry va ,:? r MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: [717] 760-7500 General Telephone: 17171975-8114 Fax: 17171975-8124 E-Mail: mbadowski(a)mar¢olisedelstein com Attorney for Defendants JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES V. DOROTHY KRAFT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendants Docket No. 07-1766 JURY TRIAL DEMANDED JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES, RETURN OF SERVICE I, (a) /) C .11- , served the Subpoena to Attend and Testi .TY on behalf of J. STEPHEN SNOKE, D.O., to (b) J. S41999A &ok-eF n-0- on the (c) ?Q day of (d) ! , 2008, at (e) 3"Sl o'clock (f) m. at Snoke Family Practice, 1800 Carlisle Road, Camp Hill, PA 17011, County of Cumberland. Commonwealth of Pennsylvania, in the manner described below: (g) Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is: Adult in charge of Defendant's residence. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place or business. Date: SqA% O (Signatu of person completing service) MEDICAL MALPRACTICE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on all counsel of record and interested parties by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the +h day of , 2008, and addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20th Floor Philadelphia, PA 19107 (Counsel for Plaintiff) MARGOLIS EDELSTEIN VLYI G'lUnuk Cristy L. r nneman, CLA Certified Legal Assistant 2 "ER { CJS C- e' . Z ft 1' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU14BERLAND Dorothy Kraft vs. John R. Dailey, M.D. & Dailey Eye Associates Court of Common Pleas Case Number: 07- 1766 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill 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: 6/23/2008 CC: Michael Badowski, Esquire Margolis Edelstein - Camp Hill 3510 Trindle Road Camp Hill PA 17011 Litigation Solutions, LLC on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill Attorney for the Defense SUBPOENA NOTICE OF INTENT J 4. Page PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Dorothy Kraft Court of Common Pleas Vs. John R. Dailey, M.D. & Dailey Eye Associates 07-1766 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Rite Aid Pharmacy Pharmacy TO: Richard S. Seidel, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 6/2/2008 CC: Michael Badowski, Esquire - Court of Common Pleas Y If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Michael Badowski, Esquire Defense SUBPOENA NOTICE OF INTENT Page 2 of 3 COUNSEL LISTING FOR DOROTHY KRAFT VS. JOHN R. DAILEY, M.D. & DAILEY EYE ASSOCIATES County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Seidel, Esquire, Richard S. 121 South Broad Street, 20th Floor Philadelphia PA 19107 Opposing Counsel ??%i? ? ? S5'y? • ? 3c?c CT4?) V67- %o9 - &?q http://rats.litsol.com/ratsevents/notice_of intent.asp?save reportto_db=X&PLid=PL26203... 6/2/2008 a a COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Dorothy Kraft 07-1766 File No. VS. John R. Dailey, M.D. & Dailey Eye Associates SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Rite Aid Pharmacy (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: ;PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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: Michael Badowski, Esquire ADDRESS351 (l 'ri ndi p Road Cam= Hi 11 PA, 17011 TELEPHONE:? 17 - a 7 5 - 913 4 SUPREME COURT ID # -; 2 6 4 4 ATTORNEY FOR: De f n Date: s '& +44 L FtE a2 ?l3 e court BY THE COURT: 151 el'?- f i? Prothonotary, Civil Divis' n da't -a_ _&U? ; Deputy SUBPOENA RIDER Page 1 of 1 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Rite Aid Pharmacy 429 North 21st Street Camp Hill PA 17011 Attention: The Pharmacy Subject: Kraft, Dorothy SS#: 195-38-8820 Date of Birth: 12/16/1946 Requested Items: Please RUSH: A complete copy of any and all records (from 12/16/1946 to present), including but not limite prescriptions, notes and bills. d to http://rats.litsol.com/ratsevents/subpoena rider.asp?PLid=PL262030&WRid= WR31989 Ct7i P'" SUBPOENA RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY -OF CUMBERLAND Dorothy Kraft VS. John R. Dailey, M.D. & Dailey Eye Associates Page 3 of 4 Court of Common Pleas Case Number: 07- 1766 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Michael Sadowski, Esquire of Margolis Edelstein - Camp Hill 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: 6/25/2008 CC: Michael Sadowski, Esquire Margolis Edelstein - Camp Hill 3510 Trindie Road Camp Hill PA 17011 Litigation Solutions, LLC on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill Attorney for the Defense http://rats.litsol.comlratsevents/subpoena records.asp?WRid=V,R31989&PLid=PL263693... 6/25/2008 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Dorothy Kraft Court of Common Pleas vs. John R. Dailey, M.D. & Dailey Eye Associates 07-1766 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Capital Blue Cross Health Insurance TO: Richard S. Seidel, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 6/5/2008 CC: ,Michael Badowski, Esquire - Court of Common Pleas `1, Karel ow+ &AA. A D-0- 0?"1Q `-\a' If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Michael Badowski, Esquire Defense COUNSEL LISTING FOR DOROTHY KRAFT VS. 3OHN R. DAILEY, M.D. & DAILEY EYE ASSOCIATES County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Seidel, Esquire, Richard S. 121 South Broad Street, 20th Floor Philadelphia PA 19107 Opposing Counsel S?A'5-W?)13 0 ? ` ??7- ?60q- S3LJ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft 07-1766 File No. VS. John R. Dailey, M.D. & Dailey Eye , Associates SUBPOENA TO PRODUCE DOCUMENTS OR TBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Capital Blue Cross (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: rPLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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: Michael Badowski, Esquire ADDRESS:3510 Trindle Road Camp Hill PA, 17011 TELEPHONE: 717-975-8114 SUPREME COURT ID# 3 2 6 4 4 ATTORNEY FOR: De f ens e Date: '"_t" J, Seal of the Court BY URT: L rothonot i iv ion Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Capital Blue Cross 2500 Elmerton Avenue Harrisburg PA 17177 Attention: Insurance Records Department Subject: Kraft, Dorothy SS#: 195-38-8820 Date of Birth: 12/16/1946 Requested Items: *PLEASE RUSH* Complete copy of any and all insurance records from 12/16/1946 to present, including: claims paid, denials, statements, EOB's and correspondence. ID#/SSN: YWH19538882000 Group #: HC140650. r- rn c co - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA-N? Dorothy Kraft Court of Common Pleas VS. John R. Dailey, M.D. & Dailey Eye Associates Case Number: 07- 1766 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill 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: 8/25/2008 Litigation Solutions, LLC on behalf of Michael Badowski, Esquire of Margolis Edelstein - Camp Hill Attorney for the Defense CC: Michael Badowski, Esquire Margolis Edelstein - Camp Hill 3510 Trindle Road Camp Hill PA 17011 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Dorothy Kraft Court of Common Pleas VS. John R. Dailey, M.D. & Dailey Eye Associates 07-1766 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Kunkel Surgical Group Moffit Heart and Vascular Group All available All available TO: Richard S. Seidel, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Michael Badowski, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 8/4/2008 Litigation Solutions, LLC on behalf of: CC: Michael Badowski, Esquire - Court of Common Pleas Michael Badowski, Esquire } Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR DOROTHY KRAFT VS. JOHN R. DAILEY, M.D. & DAILEY EYE ASSOCIATES County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Seidel, Esquire, Richard S. 121 South Broad Street, 20th Floor Philadelphia PA 19107 Opposing Counsel COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft 07-1766 File No. VS. - John R. Dailey, M.D. & Dailey Eye , Associates SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Kunkel Surgical Group (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: ;PLEASE SEE.ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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: Michael Badowski, Esquire ADDRESS:3510 Trindle Road Camp Hill PA, 17011 TELEPHONE: 71 7_ 9 7 5_ R 1 1 4 SUPREME COURT ID # 6 4 4 ATTORNEY FOR: Defense Date: 7 S al of th/Court BY TAthonnotary, : P Ci Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Kunkel Surgical Group 890 Poplar Church Road Suite 210 Camp Hill PA 17011 Attention: PATTY Subject: Kraft, Dorothy SS#: 195-38-8820 Date of Birth: 12/16/1946 Requested Items: Please remit: a complete copy of any and all documents in your possession from 12/16/1946 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Billing records. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Dorothy Kraft VS. John R. Dailey, Associates File 1, M.D. & Dailey Eye , 07-1766 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Moffit Heart and Vascular Group (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: ;PLEASE SEE.ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (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: Michael Badowski, Esquire ADDRESS:-a510 Trindle Road Camp Hill PA, 17011 TELEPHONE: 71 7- 9 7 5- 8 1 1 4 SUPREME COURT 1D # 3 2 6 4 4 ATTORNEY FOR: Defense Date: 3? (? eal of Court BY THE CO T: Pro onotary, Civil on Deputy 4 . Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Moffit Heart and Vascular Group 1000 North Front Street Wormleysburg PA 17043 Attention: Records Department Subject: Kraft, Dorothy SS#: 195-38-8820 Date of Birth: 12/16/1946 Requested Items: Please remit: a complete copy of any and all documents in your possession from 12/16/1946 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Billing records. 77 ril - PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please lis the following case: for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DOROTHY KRAFT, (Plaintiff) (c eck one) Civil Action - Law ? Appeal from arbitration (other) VS. The trial list will be called on 10/20/09. Trials commence on 11/16/09. JOHN R. DAILEY, M.D. and Pretrials will be held on 10/28/09. DAILEY EYE ASSOCIATES, (Briefs are due S days before pretrials). (Defendants) No. 1766, 2007 Term 1. Indicate the attorney who will try case for the party who files this praecipe: Michael M. Badowski, Esquire 2. Indicate trial counsel for other parties if known: (a) Plaintiff. Richard S. Seidel, Esquire Law Offices of Richard S. Seidel 121 South Broad Street, Floor 20 Philadelphia, PA 19107-4553 e This case is ready for trial. Date: 3 k 7 Signed: 1Z VW Michael M. Esquire Attorney for Defendants CA / TL --A? Y Cf Tf i i 2999 S, LE' P 2 *.15.00 Pa Arrf CO Sou(v erf aN13(0 THE LAW OFFICES OF RICHARD S. SEIDEL A Professional Corporation BY: Richard S. Seidel, Esquire Identification No.: 55801 121 South Broad Street, 20' Floor Philadelphia, PA 19107 Attorney for Plaintiff (215) 546-1225 Dorothy Kraft DOROTHY KRAFT Plaintiffs, V. JOHN R. DAILEY, M.D. and : DAILEY EYE ASSOCIATES Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1766 PLAINTIFF'S OBJECTION TO DEFENDANTS NOTICE OF NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS 1. On or about September 30, 2009, a Notice of Intent to Serve Subpoenas was served by Litigation Solutions, LLC., seeking records from Schein Ernst Eye Associates and Carlisle Regional Medical Center. 2. Plaintiff hereby objects as the discovery in this matter is closed. THE LAW OFFICES OF RICHARD S. SEIDEL, P.C. By: a?RD RIC IDE , ESQUIRE Attorney for Plaintiffs DATE: CERTIFICATE OF SERVICE I, Richard S. Seidel, Esquire, hereby certify that service of Plaintiffs' Objection to Proposed Subpoenas to Schein Ernst Eye Associates and Carlisle Regional Medical Center for records of Dorothy Kraft was made on th Kay of September, 2009, via First Class U.S. Mail, postage prepaid, upon the following counsel: Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Litigation Solutions, LLC Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 THE LAW OFFICES OF RICHARD S. SEIDEL, P.C. By: RI S. SEIDEL, SQUIRE Attorney for Plaintiffs FLED-Ot=i CE OF THE PROTHONOTARY 2009 OCT -5 PM 3: 09 ?._4,u NNSYLVANI`- T THE LAW OFFICES OF RICHARD S. SEIDEL A Professional Corporation BY: Richard S. Seidel, Esquire Identification No.: 55801 121 South Broad Street, 20`E' Floor Philadelphia, PA 19107 Attorney for Plaintiff (215) 546-1225 Dorothy Kraft DOROTHY KRAFT Plaintiffs, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1766 PETITION OF PLAINTIFF, DOROTHY KRAFT, TO REMOVE THIS MATTER FROM THE TRIAL LIST 1. On March 29, 2007, this matter was initiated by the filing of the Complaint. 2. Since the filing of the Complaint, counsel have engaged in various elements of discovery. 3. On September 24, 2009, defense counsel filed a Praecipe for Listing Case for Trial requesting that this Honorable Court issue an Order permitting counsel to place this matter on the trial list. 4. Due to some significant health issues involving plaintiff's counsel, this matter was not praeciped by plaintiff's counsel, but was praeciped onto the trial list by defense counsel unilaterally. 5. At no time did defense counsel consult with plaintiff's counsel regarding an acceptable date for trial. 6. On or about September 28, 2009, plaintiff's counsel received notice from defense counsel that he was placing this on the trial list beginning November 16, 2009. 7. On September 29, 2009, upon receipt of said notice, plaintiff's counsel forwarded a letter to the attention of the Court regarding issues involving medical treatment that plaintiff's counsel is attempting to schedule to resolve the health condition suffered by plaintiff's counsel. 9. To date, the Court has not issued an Order stating that this matter is, in fact, on the trial list. 10. On October 21, 2009, defense counsel, after discussing this matter with plaintiff's counsel, stated that he has no objection to this matter being removed from the trial list. 11. Unless and until this matter is moved from the trial list, plaintiff's counsel will not be able to schedule the various treatments that need to be undergone to resolve plaintiff's counsel's health condition. WHEREFORE, plaintiff respectfully requests this Honorable Court enter an Order striking this matter from the trial list and directing that counsel confer and agree upon a new trial date. THE LAW OFFICES OF RICHARD S. SEIDEL, P.C. By: RICHA S EL, SQUIRE Attorney for Plaintiffs I DATE: -2- CERTIFICATE OF SERVICE I, Richard S. Seidel, Esquire, hereby certify that service Petition noof Plaintiff, Dorothy Kraft, to Remove this Matter from the Trial List, was made on the,;?/ day of October, 2009, via First Class U.S. Mail, postage prepaid, upon the following counsel: Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 THE LAW OFFICES OF RICHARD S. SEIDEL, P.C. By: - 2f:L? RRICHXi?b S. SEIDEL, ESQUIRE Attorney for Plaintiffs OF THEM26w R MOCT 23 M 2: 2Z Wu "1"710 THE LAW OFFICES OF RICHARD S. SEIDEL A Professional Corporation BY: Richard S. Seidel, Esquire Identification No.: 55801 121 South Broad Street, 20`' Floor Philadelphia, PA 19107 (215) 546-1225 DOROTHY KRAFT Plaintiffs, V. JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES Defendants. Attorney for Plaintiff Dorothy Kraft OCT 2 7 2009 o'l COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1766 ORDER AND NOW this o* day of O? a°o9 a upon consideration of the Petition of Plaintiff, Dorothy Kraft, to Remove this Matter from the Trial List, and any response thereto, it is hereby ORDERED and DECREED that this matter is removed from the trial list and counsel shall confer regarding a new trial date. Upon consultation and agreement, this matter may be placed back on the trial list. x J. R -1 CE OF THE P'R0n--^1\'r)TAW 2009 OCT 28 AM H: : 38 .J a ?rt JP `?j! r P PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please g'lhle following case: for JURY trial at the next term of civil court. ? for trial without a jury. ------------------------------------ ----------------------------- CAPTION OF CASE (entire caption must be stated in full) DOROTHY KRAFT, (Plaintiff) (c ck one) Civil Action -Law ? Appeal from arbitration (other) VS. The trial list will be called on 1/5/10. Trials commence on 2/1/10. JOHN R. DAILEY, M.D. and Pretrials will be held on 1/13/10. DAILEY EYE ASSOCIATES, (Briefs are due 5 days before pretrials). (Defendants) No. 1766, 2007 Term 1. Indicate the attorney who will try case for the party who files this praecipe: Michael M. Badowski, Esquire 2. Indicate trial counsel for other parties if known: (a) Plaintiff. Richard S. Seidel, Esquire Law Offices of Richard S. Seidel 121 South Broad Street, Floor 20 Philadelphia, PA 19107-4553 l This case is ready for trial. Date: i, Esquire Attorney for Defendants CA 1-n- 4,46 a° p° Cw' 3?Ito ot as454 1 DOROTHY KRAFT, PLAINTIFF V. JOHN R. DAILEY, M.D., AND DAILEY EYE ASSOCIATES, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1766 CIVIL IN RE: PRE-TRIAL CONFERENCE REQUEST FOR CONTINUANCE ORDER OF COURT AND NOW, this 13th day of January, 2010, after Pre-Trial Conference in the above captioned matter, and Attorney Richard Seidel, Cour sel for Plaintiff having related to the Court that he is currently undergo chemo therapy and that his current medical condition will not permit him to try this case during the February 2010 Term of Civil Court and Counsel having requested a Continuance, IT IS HEREBY ORDERED AND DIRECTED that the Continuance requested by Plaintiff's Counsel is GRANTED. IT IS FURTHER ORDERED AND DIRECTED, by agreement of Counsel, given the fact that the case is a medical malpractice case requirinc at least 5 days for trial and a lengthy list of witnesses to be scheduled, that the case she 11 be tried beginning September 20., 2010. Both Counsel are hereby attached for trial that date. IT IS FURTHER ORDERED AND DIRECTED that Attorney Seidel shall advise the Court on or before July 9, 2010, of his medical status. Should Attorney Seidel have continued medical problems as of that date, arrangements will be immediately made to have other counsel try this matter on September 20, 2010. By the Court, '*?? A M. L. Ebert, Jr., J. Richard S. Seidel, Esquire Attorney for Plaintiff ?Michael M. Badowski, Esquire Attorney for Defendants Court Administrator - BAS 1/40 bas f z1q116 2 CAf T'L PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: ~f`or JURY trial at the next term of civil court. ^ for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DOROTHY KRAFT, (Plaintiff) Fi ~~ bolo YJulr 9 prn ~~~/ L i.~ ~~ ~. J ». y r~~ i v 1 G• ~, „~ ~. ,~~;~,~~`.~ v«. (check one) 'Civil Action -Law ^ Appeal from arbitration (other) VS. The trial list will be called on 8/31/10. Trials commence on 9/20/10. JOHN R. DAILEY, M.D. and Pretrials will be held on 9/8/10. DAILEY EYE ASSOCIATES, (Briefs are due 5 days before pretrials). (Defendants) No. 1766, 2007 Term 1. Indicate the attorney who will try case for the party who files this praecipe: Michael M. Badowski, Esquire 2. Indicate trial counsel for other parties if known: (a) Plaintiff: Richard S. Seidel, Esquire Law Offices of Richard S. Seidel 121 South Broad Street, Floor 20 Philadelphia, PA 19107-4553 This case is ready for trial. Date: ~ ?~I esquire Attorney for Defendants ~t~ oo P p ~rN C'~ ~o~ P.~ ail ~ X07 r DOROTHY KRAFT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. . C JOHN R. DAILEY, M.D., AND DAILEY EYE ASSOCIATES, ~~: DEFENDANTS NO. 07-1766 CIVIL ~~' ~z c IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT c ~ x:' %. ~ ~~ `=-~ -v sv ~ > w ~~~' rv AND NOW, this 8~' day of September, 2010, after Pre-Trial Conference with Counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Trial counsel in this case shall be Richard Seidel, Esquire for Plaintiff and Michael Sadowski, Esquire for Defendant. 2. There are no scheduling or judicial conflicts in this matter. 3. Counsel have indicated that trial will take approximately 3-5 days. 4. Each party will be granted four peremptory challenges. 5. There is no need for a view in this matter. 6. Counsel have agreed that jurors will not be allowed to take notes. 7. All parties have been directed to prepare an exhibit list. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. All visual aids used in the case shall be disclosed to the opposing party. 8. Counsel for each party is directed to file with the Court on or before 12:00 p.m. on September 17, 2010, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it shall provide the full text of the proposed instruction to the Court. 9. On or before 12:00 p.m. on September 17, 2010, the parties will provide a proposed verdict slip to the Court for review. 10. The parties shall submit proposed voir dire questions to the Court for review on or before September 17, 2010. 11. Plaintiff shall submit her Motion in Limine regarding the use of the photograph of Plaintiff s eye by Defendant's expert in his testimony and her claim regarding cumulative expert testimony. The Motion shall be decided by the Judge assigned to the trial of this matter. ~ Richard S. Seidel, Esquire Attorney for Plaintiff /hael M. Badowski, Esquire Attorney for Defendants Court Administrator -$ R~~~ bas ` ~~t£s q~8/~o _~ ,~.,,c~c By the Court, M. L. Ebert, Jr., 2 J. DOROTHY KRAFT, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN R. DAILEY, M.D. AND DAILEY EYE ASSOCAITES, Defendants NO. 07-1766 CIVIL ORDER OF COURT AND NOW, this 21St day of September, 2010, upon notification ~; ., ; v _; ~~ ~'' -~,~~ ~~ ;.~ -~-; sa -F-; ~~~ ~, .vim ,:.. by -coi n`-del ~=~, that the Plaintiff in this case, Dorothy Kraft, was treated by Dr. Brett Ernst of Schein Ernst Eye Associates, and with the agreement of all counsel, IT IS HEREBY ORDERED AND DIRECTED that Dr. Brett Ernst of Schein Ernst Eye Associates will provide counsel for the Defendant, Michael Badowski, Esquire, or his associate, copies of the treatment records of the Plaintiff, Dorothy Kraft. By the Court, M. L. Ebe , Jr., Richard Seidel, Esquire Attorney for Plaintiff /~~ l/~`~ Michael Badowski, Esquire p Attorney for Defendant .~J~ ~PrS ~~ ~~ U bas DOROTHY KRAFT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN R. DAILEY, M.D. AND DAILEY EYE ASSOCAITES, Defendants NO. 07-1766 CIVIL ORDER OF COURT AND NOW, this 23~d day of September, 2010, upon consideration of the Plaintiff's and the Defendants' requested points for jury charge, IT IS HEREBY ORDERED AND DIRECTED: A. Plaintiffs Points for Charge 1. Denied as stated. Generally covered in PaSSJI 3.00 and 11.02. 2. Covered in PaSSJI 11.00 and 11.02. 3. Covered in PaSSJI 11.02. 4. Approved. 5. Approved. 6. Generally covered. 7. Approved. 8. Approved. 9. Approved. 10. Approved. 11. Approved. 12. Approved. 13. Denied. Not Applicable. c -" ~ --~ -~ ~ ~ ~ rn -ro !~ -mot -~C,-r, c~..~ r,- 1~ t- ~ --~ c~ ~Q ~ ~; ~ -: ° ~ -~ `~ ~ ~ c~ -•: 14. Approved. 15. Approved. 16. Covered as required by Pa.R.C.P. §223.3 17. Approved. 18. Approved. 19. Approved. 20. Approved. 21. Approved. 22. Covered on verdict slip. 23. Denied as stated. Will be generally covered with the new Rule that the same ten out of twelve people need not answer each question the same way. B. Defendants' Points for Charge 1. Covered in PaSSJI (Civ) 11.03 2. Covered in PaSSJI (Civ) 11.00 3. Generally covered in PaSSJI (Civ) 11.00 4. Denied as stated. The language of the MCARE Act 40 Pa.C.S.A. § 1303.105 will be recited. 5. Covered in PaSSJI (Civ) 11.01 6. Denied. 7. Denied. 8. Denied. 9. Approved. 10. Denied as stated. Generally covered in PaSSJI (Civ) 11.02. 11. Denied as stated. Generally covered. 12. Denied as stated. Generally covered. 13. Denied. 14. Denied as stated. Generally covered in PaSSJI (Civ) 20.00 15. Denied as stated. Generally covered in PaSSJI (Civ) 6.00. 16. Denied. 17. Approved. 18. Approved. 19. Approved. 20. Denied. Not applicable. 21. Denied. 22. Denied. /Ri chard Seidel, Esquire Attorney for Plaintiff ~ Michael Badowski, Esquire Attorney for Defendants bas ~-O t ~£,S n't,~ c ~, 9/~. ~~~u ~.r~ By the Court, ~~ M. L. Ebert, Jr., J. DOROTHY KRAFT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN R. DAILEY, M.D. AND DAILEY EYE ASSOCAITES, Defendants NO. 07-1766 CIVIL VERDICT SLIP 1. Do you find that the conduct of defendant doctor, John R. Dailey, M.D., fell below the applicable standard for an ophthalmologist? In other words, was defendant, John R. Dailey, M.D., negligent? Yes No V If you answer Question 1 "No", the plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. 2. Was the negligence of John R. Dailey, M.D., a factual. cause of any harm to the plaintiff? Yes No . If you answer Question 2 "No", the plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. 3. State the amount of damages sustained by the plaintiff as a result of the negligence of Dr. John Dailey. Past pain and suffering, embarrassment and humiliation, loss of enjoyment of life and/or disfigurement Future pain and suffering, embarrassment and humiliation, loss of enjoyment of life and/or disfigurement TOTAL $ rep son Date ` ~ ~ ~ DOROTHY KRAFT -VS- JOHN R. DAILEY, M.D. AND DAILE y ~~e tip ~ ~ °`~~5 ', JUR In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2007-1766 CIVIL Judge: EBERT Attorney: 1` fi C~-T~ 5 . S C+ l~ G( Attorney: ~ 1 C~ ~ ~ M , ~ ct~Ac.J sk' Date: S T`t"p_.~-.b 2l ~ ,~ ~ D ( D ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 _ ~: P20-5 ,~ 3 Inp11~Iq~~IlNllpll~~ SEP20-340 HILL, LINDA G 4 INpiIIl11M~IpINfl~Nl~ll SEP20-257 LIDDICK, DENNIS 5 IIIMMIIRIIIIIIIII~~Billlll SEP20-228 TODD, JOHN A INI~pllglll SEP - 7 IIIIIIIIIwI~pI~NIIII~IN SEP20-125 LORD, PAMELA T g IIINIIIIIIIIIBIp~llllllp SEP2o-252 FINK, CRYSTAL L - Z A 11 Iu6111NApNllIpll~Ni~p SEP20-187 MESSIMER, JOHN E 12 III~III®IdIIpIIpAn~llill SEP20-156 DOLnvISH, JOYCE R ,~ ~~i 14 15 IIIpNIilpppll~lluNIIIINNI SEP20-344 SMITH, CRYSTEL L 16 lu 17u 18 INIIIIIIIIIpAIp~IIIAINplnll SEP2o-111 DECKER, ROBERT A 19 I IIpII IIM III IIpN61IIIII pN IIII SEP20-140 CRIDER, ADRIANNE M _ ~ a^~ ~_,~ 22 11111111111181111111~IAIA~INp SEP20-154 SCRAPPER, KENNETH E ~ ~ DOROTHY KRAFT --- V 5 --- JOHN R DAII.EY, M.D. AND DAILE ~ ~ Ye ~S U ~ I ~`~ ~S In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2007-1766 CIVIL 3udge: EBERT 1 II Attorney: ~ S Ghar~l S S e} ~ P~ Attorney: M } Cka e ~ d^`l . 6~a ~5 k ) 10~ 0 Date: -SeP`t'~,y„~ t,r ~D JUR i ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 illlfllf~l~~6~1111 SEP20-246 PATEL, NITIN H 4 ~ . ,~ 26 IIIII~NI~II~II~1111 SEP20-345 LERCH, ADAM T SEP20-34 L ~~' ~,~ 28 IIIIIII~I~I~N~NI~IIIN SEP20-155 JONES, RICHARD J 2 SEP20-166 DUCCESCHI, JOHN R ~ 30 i111n~11~~~~ININ _. s,.~ 31 IIIII~I~IIII~IIINIII SEP20-342 SIC ,ROB E 32 IIIIIIillllilll~llllllllllll SEP20- MICELI, THERESA M 33 IIIIHII~III111~~1 SEP20-162 FRANTZ, DAVID N ~I~ill~ , IIIIIIIIIIIIINI~1111111 SEP20-179 MOHN„ JR JOSEPH 36 37 38 39 40 41 42 43 44 MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Direct Dial: [717] 760-7500 General Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: mbadowsld~a?maraolisedelstein.com r -~' fi~g' 4_~~~.`aG `~~ (~~~~~ [~ ~`f~~i~~c;L~,~i~1 ~0~i;:T`i` E n,,, , 3 t + •- i Attorney for Defendant JOHN R. DAILEY, M.D. and DAILEY EYE ASSOCIATES DOROTHY KRAFT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA v. CIVIL ACTION -LAW JOHN R. DAILEY, M.D. and MEDICAL MALPRACTICE DAILEY EYE ASSOCIATES, Docket No. 07-1766 Defendants JURY TRIAL DEMANDED . .; -n . .. ~- .. ~L ^* !~ t TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: In accordance with the provisions of Pennsylvania Rule of Civil Procedure 227.4(1), it appearing that no timely post-trial motions have been filed, kindly enter judgment upon the jury's verdict which was rendered in favor of the Defendants on September 23, 2010. Date: October 4, 2010 ivaa ~ a~av a..uv a v By• Michael ad ski, Esquire Court I.D. No. 32646 Attorneys for Defendants John R. Dailey, M.D. and Dailey Eye Associates ~ I~• cry P 0 -~~'`/ C~ 3.34• ~-~ a~r4a.gs- CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing on counsel of record and interested parties by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid„ and addressed as follows: Richard S. Seidel, Esquire Seidel, Weitz, Garfinkle & Datz, LLC 121 South Broad Street, 20~' Floor Philadelphia, PA 19107 MARGOLIS EDELSTEI By: Angela A. lly Secretary to Michael M. Badowski Date: October 4, 2010