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HomeMy WebLinkAbout01-04222JERRY A. MATTERN, SR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, . CIVIL ACTION -LAW ~s. No. o~-tiza~ C~~~~~~ GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTF,, Defendants. JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a 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 judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim of 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 HAV$ A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213-A N. Front Street Harrisburg, PA (717)236-8932 JERRY A. MATTERN, SR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. Plaintiff, GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTTTUTE, CIVIL ACTION -LAW NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) digs de plazo al partir de la fecha de la demanda y la notification. Usted debe presentaz una apariencia escrita o en persona o por abogado y azchivaz en las torte en forma excrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaza medidas y puede entraz una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes Para usted. LIEVE ESTA DEMANDA A UN ABOGADO IMNIEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIQ VAYA EN PERSONA O LIAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUSENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUECE CONSEQUIR ASISTENCIA LEGAL. Central Pennsylvania Legal Services 213-A N. Front Street Harrisburg, PA (717)236-8932 Defendants. JERRY A. MATTERN, SR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, CIVTL ACTION -LAW vs. No. oi. ya.az ~T,~„~. GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTE, JURY TRIAL DEMANDED Defendants. COMPLAINT PLAINTIFF, by and through undersigned Counsel, hereby institute suit and bring a complaint against the above-named defendants, and avers as follows: 1. Plaintiff, Jerry A. Mattern, Sr., is an adult individual residing in Camp Hill, Pennsylvania. 2. Dr. Gregory Keagy, DO, is a doctor licensed in Pennsylvania and working as an agent, apparent agent, partner and/or owner of Cardiovascular Surgical Institute, at 423 N. 21st Street, Camp Hill, Pennsylvania. Dr. Keagy was the doctor who performed the surgical procedure which is the basis for this suit. 3. Harrisburg Hospital, Pinnacle Health Systems, is the hospital where the surgical procedure was performed which gives rise to the instant suit. 4. Cardiovascular Surgical Institute is the entity, based upon information and belief, for which Dr. Keagy is an agent, apparent agent, employee or otherwise works by and through this entity. On or about July 12, 1999, Dr. Keagy performed a triple bypass of the left internal mammary to left anterior descending right internal mammary through the transverse sinus to the second obtuse marginal, saphenous vein from the aorta to the posterolateral branch. At the time of the surgery, the left internal mammary graft to the LAD was widely patent. The right internal mammary graft was, under accepted standards of medical practice to be grafted to the circumflex. However, as a result of the negligence of Dr. Keagy, the right internal mammary graft was improperly grafted to the lateral branch of the right coronary artery. 8. Dr. Keagy, and each of the Defendants, were negligent in the following particulars: a) Not properly assessing the patient prior to surgery to determine the appropriate course of action. b) Not properly advising Mr. Mattern as to the procedure which was to take place. c) Improperly conducting the bypass surgery. d) Improperly grafting to the lateral branch of the right coronary artery rather than to the circumflex. e) Based upon information and belief, conducting a surgical procedure which was not authorized and not consented to by Mr. Mattern. fj Conducting a procedure in which Dr. Keagy was not sufficiently trained or qualified to conduct. 9. As a result of the aforementioned negligent conduct, Mr. Mattern suffered injuries and losses and claim is made therefor. 10. The conduct described above was the cause and fact of each of Mr. Mattern's injuries and losses. 11. The conduct described above was the proximate cause of all of Mr. Mattern's injuries and losses. As a direct result of the negligent conduct described above, Mr. Mattern has been unable to return to work and, therefore, has suffered past wage loss in an amount to be determined at trial. 12. Prior to the surgical procedure, Mr. Mattern was a truck driver and anticipated continuing to work in the trucking industry and retiring from the trucking industry. 13. Had the surgical procedure been done correctly, Mr. Mattern would have returned to full employment in the trucking industry. 14. As a direct result of the Defendant's conduct, Mr. Mattern has lost past wages and will continue to lose wages and retirement benefits into the future and claim is made therefor. 15. As a direct result of the improper surgery, Mr. Mattern had to undergo additional medical and surgical procedures and claim is made therefor. 16. As a direct result of the negligent conduct described above, Mr. Mattern has undergone significant pain, stress, and suffering, and claim is made therefor. 17. As a direct result of the negligent conduct, Mr. Mattern has lost many of the pleasures in life and has not been able to resume pre-surgical activities, and claim is made therefor. ,:,, 18. As a direct result of the negligent conduct described above, Mr. Mattern has suffered other compensatory losses and claim is made for all amounts allowed by law. WHEREFORE, Plaintiff seeks judgment against each of the Defendants in the full amount allowed by law for all compensatory losses, pain and suffering, work loss, and other losses described in the instant complaint. Respectfully submitted, l~ DAT7 E D/ Steppe R. Pedersen, Esq. 214 Senate Ave. Suite 602 Camp Hill, PA 17011 (717)763-1170 Attorney I. D. No. 72026 Counsel for Plaintiff JERRY A. MATTERN, SR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION -LAW vs. NO. GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTE, . JURY TRIAL DEMANDED Defendants. DIRECTIONS FOR SHERIFF Please serve, by deputized service, Defendants Gregory S. Keagy, D. O. and Cardiovascular Surgical Institute at their business address at the Cazdiovascular Surgical Institute, 423 N. 21st Street, Camp Hill, Pennsylvania 17011, by leaving a copy of the enclosed Complaint with them or with adult persons in charge at that time. Also, please serve, by deputized service, Defendants Harrisburg Hospital/Pinnacle Health Systems at their business address at 111 S. Front Street, Harrisburg, Pennsylvania 17101, by leaving a copy of the enclosed Complaint with an adult person in chazge at that time. Respectfully submitted, Stephe R. Pedersen, Esquire I. D. No. 72026 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 Counsel for Plaintiff DATE: -/ -Q VERIFICATION I, JERRY A. MATTERN, SR., hereby verify that the facts contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of i8 PA. C.5. Section 4904, relating to unsworn falsification to authorities. l~f` A. Mat rn, Sr. Dated, this ~ day of~7~~ 2001. ~ ~ .~ ~~ ~ c ~~ ~~ ~~ , ~~ ~; ~. ~' ~~ ~~, ,~ ~ ~ J 0 ~ ~ . ... ~ .a~r~ -~~a-~,o~.. ~ .... ., R JERRY A. MATTERN, SR., PLAINTIFF, vs. GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL INSTITUTE, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO.Ol-4222 NRY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance as co-counsel for Plaintiff in the above-referenced matter. Respectfully submitted, Catherine M. Mah dy-S 'th, E 're 3115 N. Front Street Hamsburg, PA 17110 (717)236-6012 Co-Counsel for Plaintiff Attorney I. D. No. 47252 DATE: ~~ c> c-, ~ > c ~, _,, 5 ~. :~ - ~ ~} * : v' _ . r~4: ., C' 4~.-:. tL~ _ '. i ~ __ ~° _ - -i i . _., -r ~ ;:- < CI: - `~, CERTIFICATE OF SERVICE And now, this ~~ day of ~~, 2003, I, Carleen S. Jensen, do hereby certiify that I have, this date, served a true and correct copy of the within PRAECIPE FOR ENTRY OF APPEARANCE upon each of the attorneys of record at the following address(es) by sending same in the United States mail: Daniel L. Grill, Esq. Thomas Thomas 8c Hafer 305 N. Front Street P O Box 999 Harrisburg, PA 17108-0999 (Counsel for Defendants Gregory 5. Keagy & Cardiovascular Surg. Inst.) Stephen R. Pedersen, Esq. 214 Senate Avenue Suite 602 Camp Hill, PA 17011 (Co-Counsel for Plaintiff DATE: 7 ~, .e~~~- ~ _ Carleen .Jensen Assistant to Cathen . Mahady-Smith, Esquire 3115 N. Front Street Harrisburg, PA 17110 (717)236-6012 I. D. No. 47252 Co-Counsel for Plaintiff STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hi11, PA 17011 Attorney for Defendants Harrisburg Hospital and Pinnacle Health Telephoaie: (717) 975-8114 FAX: (717) 975-8124 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~TE'tZP.Y A. D4ATTERN, SR. ; Plaintiff v. GREGORY S. KEAGY, D.O., HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTE, Defendants CIVIL ACTION - LAW NO. 01-4222 JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants Harrisburg Hospital and Pinnacle Health in the above-captioned matter. Date: August 9, 2001 EDELSI^EIN By. r Ste e L: Banko, Jr. Atto ney I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendants, Harrisburg Hospital and Pinnacle Health CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States Mail at~}Camp Hill, Pennsylvania, first- class postage prepaid, on the / day of 2001, addressed as follows: Stephen R. Pedersen, Esquire 214 Senate Avenue,. Suite 502 Camp Hill, PA 17011 (Attorney for Plaintiff) Gregory 5. Keagy, D.O. 423 North 21s` Street Camp Hill, PA 17011 (Defendant) Cardiovascular Surgical Institute 423 North 21ah Street Camp Hill, PA 17011 (Defendant) U Barbara J. Smith, Secretary t C) ~-% C C --~ -., r -c7 is - ^?[r 17 _~ ~_`-' - r:~ ~ ~: ~p l ~ ~ ~ ~~ ~~ .. l - ~ 1 l.J L _ { 6'~ <+ .._. __ _ _ ', ... ~iY~x.`a:.mY n s r S ,e'n:ia-. _ Ti, ~)IF° _ Ya'€lHs'ailRAF~SY~?"r A~R ae l STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 FAX: (717) 975-6124 Attorney for Defendants Harrisburg Hospital and Pinnacle Health IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY A. MATTERN, SR., Plaintiff v. GERGORY S. KEAGY, D.O., HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTE, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD T0: Jerry A. Mattern, Sr., Plaintiff c/o Stephen R. Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 Attorney for Plaintiff You are hereby notified to file a written response to the enclosed New Matter within tcven.ty (20) days from service hereof or a default judgment may be entered against you. S EDELSTEIN Date: August ~ r~ 2001 By: Step e B nko, Jr. Atto e I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 Counsel for Defendants, Harrisburg Hospital and Pinnacle Health CIVIL ACTION - LAW NO. 01-4222 ,, ., P STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 FAX: (717) 975-8124 Attorney for Defendants Harrisburg Hospital and Pinnacle Health IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY A. MATTERN, SR., Plaintiff CIVIL ACTION - LAW v. GREGORY S. KEAGY, D.O., HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTE, Defendants NO. 01-4222 JURY TRIAL DEMANDED 1. Denied. After reasonable investigation, Defendants, Harrisburg Hospital and Pinnacle Health ("answering Defendants"), are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted in part and denied in part. It is believed and, therefore, averred that Defendant, Gregory S. Keagy, D.O. ("Dr. Keagy"), is an osteopathic physician licensed to practice osteopathic medicine within the Commonwealth of Pennsylvania. As to his relationship with co-Defendant, Cardiovascular Surgical { Institute, after reasonable investigation answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. By way of further answer, upon information, it is believed that Dr. Keagy performed a surgical procedure upon Plaintiff. With respect to any allegation that there is a basis for any litigation, after reasonable investigation answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 3. Admitted in part and denied in part. While it is admitted that answering Defendants are the owners of the place where a surgical procedure was performed by Dr. Keagy upon Plaintiff, whether such procedure gives rise to any basis for litigation, after reasonable investigation answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 4. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 5. Admitted. 6. Denied as stated. 7. Denied. The allegations contained in this paragraph 2 state a legal conclusion to which no response is necessary. 8. a)-f). Denied. The allegations contained in this paragraph state a legal conclusion to necessary. By way of further answer, specifically deny that any conduct on agents or employees was negligent. T~ relevant hereto, answering Defendants cautious and prudent manner under the which no response is answering Defendants their part or any their ~ the contrary, at all times acted in a reasonable, circumstances. 9. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with respect to any allegation that Plaintiff sustained injury as a result of any conduct on the part of answering Defendants, after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 10. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 11. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 12. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 13. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 3 14. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 15. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 16. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 17. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. 18. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, answering Defendants, Harrisburg Hospital and Pinnacle Health, demand judgment in their favor and against Plaintiff. NEW MATTER 19. The answers contained in paragraphs 1 through 18 hereof are incorporated herein by reference as if set forth in their entirety. 20. Plaintiff's clairns, if any, were occasioned by the conduct of entities or individuals other than answering Defendants. 21. Plaintiff's claims, if any, are barred by the applicable statute of limitations. WHEREFORE, answering Defendants, Harrisburg Hospital and 4 Pinnacle Health, demand judgment in their favor and against Plaintiff. MARGOLIS EDELSTEIN Date: August ~\~, 2001 By: St n L. Banko, Jr. Att ey I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindie Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendants, Harrisburg Hospital and Pinnacle Health 5 ,~ a VERIFICATION I, ROBERT T. GABLER, DIRECTOR, PINNACLE HEALTH, state that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: `~ ©~ i~~1/ 6 ~ ~C~7/~. Robert T. Gabler, Director Pinnacle Health CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States Mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the ~ day of August, 2001, addressed as follows: Stephen R. Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (Attorney for Plaintiff) Gregory S. Keagy, D.O. 423 North 2180 Street Camp Hill, PA 17011 (Defendant) Cardiovascular Surgical Institute 423 North 2180 Street Camp Hill, PA 17011 (Defendant) ~~tia A JJ~~ Etarbara J. Smith, Secretary g c> -, ~_ _ ~, -~ =:7~ __ _ ~; ~> - -'~ _ ; ,_~ y?' ~, r °' :,: ~~ ,"; JERRY A. MATTERN, SR., Plaintiff, vs. GREGORY S. KEAGY, D.O., HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTE, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-4222 CIVII. ACTION -LAW NRY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER PLAINTIFF, by and through undersigned counsel, hereby respond to Defendant's New Matter, and avers as follows: 1-18. No response required. 19. No response required. 20. Denied. Each of the Plaintiff s claims were caused and were the result of conduct of the entities and individuals named in the Complaint. 21. Denied. None of Plaintiff s claims are, in any respect, barred by any applicable statutes of limitations. Therefore, Plaintiff, by and through undersigned counsel, hereby request that the New Matter be stricken and that judgement be entered in Plaintiff's favor. Respectfully submitted, Steph n R. Pedersen, Esq. 214 Senate Ave., Suite 602 Camp Hill, PA 17011 (717)763-1170 I. D. No. 72026 Counsel for Plaintiff VERIFICATION I, STEPHEN R PEDERSEN, ESQUHiE, hereby state that I have read the foregoing PLAINTIFF'S ANSWER TO NEW MATTER and that the information contained in the foregoing document is more readily available to Plaintiff's counsel than to Plaintiff, and therefore this Verification is being signed by Plaintiff s counsel. I understand that these statements are made pursuant to and subject to the penalties of 18 PA. C.S.A. Section 4904, relating to unsworn falsification to authorities. Steph n R. Pedersen n~i Q_ Dated, this ~co~ !day of 2001. S. CERTIFICATE OF SERVICE And now, this ~"%day of ~~~~, 2001, I, Carleen S. Jensen, do hereby certify that I have, this date, served a true and correct copy of the within PLAINTIFF'S ANSWER TO NEW MATTER upon each of the attorneys of record at the following address(es) by sending same in the United States mail: Gregory S. Keagy, D. O. 423 N. 21st Street Camp Hill, PA 17011 (Defendant) Cazdiovascular Surgical Institute 423 N. 21st Street Camp Hill, PA 17011 (Defendant) Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Defendants, Harrisburg Hospital and Pinnacle Health) DATE: Cazleen~S. Je sen Assistant to Ste .Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717)763-1170 I. D. No. 72026 Counsel for Plaintiff CJ C; t~ ~_.~ ~ - ?•m - 171 • ;,:~ _ _ ~a -GLL (.. _i}•' ~t~ .__ - 'S. ~__ -U .. ,... .. ... .. _ ...,.. ~r~~oz rims zq~,:az ,re:m-sx•.:-~;,,~sg~r~a~~ _ 4 SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2001-04222 P 4 COt~'IMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTERN JERRY A SR VS KEAGY GREGORY S DO ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HARRISBURG HOSPITAL/PINNACLE HEALTH SYSTEMS but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 23rd 2001 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers• Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. fih~'ine Dep Dauphin Co. 25.50 Sheriff of Cumberland County nn J V J V 08/06/2001 STEPHEN PEDERSON Sworn and subscribed to before me this ,t9~ day of 1~ A.D'.~" k „ ~ y D0, ,~pru~ Prothonota~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-04222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTERN JERRY A SR VS KEAGY GREGORY S DO ET ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARDIOVASCULAR SURGICAL INSTITUTE the DEFENDANT at 1640:00 HOURS, on the 19th day of July 2001 at 423 N 21ST ST CAMP HILL, PA 17011 by handing to LORIE HARPER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this _ ,L 4 ~ day of Qu..r ee.F o2(t A . D . Pry o~thono~tar So Answers• ~' ~,.~~ R. Thomas Kline 08/06/2001 STEPHEN PEDERSON ~~ By: Deputy Sherif ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-04222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTERN JERRY A SR VS KEAGY GREGORY S DO ET AL ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KEAGY GREGORY S DEFENDANT the at 1640:00 HOURS, on the 19th day of July 2001 at CARDIOVASCULAR SURGICAL INSTIT 423 NORTH 21ST STREET CAMP HILL, PA 17 by handing to LORIE HARPER 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 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this ~5 ~ day of \_~1w7 i.. ~ _ ~In 0~0~~~ r thonotary So Answers: ~i'~~ ~~~ R. Thomas Kline 08/06/2001 STEPHEN PEDERSON By. DepYity Sheriff ~~ .~~~ ~~~tLE ~~ ~ ~~Pxt.f f Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania MATTERN JERRY A sR vs COnnty Of Danphhl ~ HARRISBURG HOSPITAL/PINNACLE HEALTH SY Sheriff's Return No. 1997-T - - -2001 OTHER COUNTY NO. 01-4222 AND NOW: July 27, 2001 at 1:52PM served the within NOTICE & COMPLAINT upon HARRISBURG HOSPITAL/PINNACLE HEALTH SYS by personally handing to PHYLISS PLANK, RISK MANAGEMENT COORD. 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 17 N. SECOND STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 30TH day of JULY, 2001 A3c~zsr:,r.::r.~~e~?~r:;~(fF,^15tTJ ~';t a-,. -: xr raf:Ts,~'A^"r'.LA+',n us., PROTHONOTARY So Answers, ~~°i~~C Sheriff of Dauphi unty, Pa. By D puty Sheriff Sheriff's Costs: $25.50 PD 07/24/2001 RCPT NO 152209 COOK In The Court of Common Fleas of Cumberland County, Pennsylvania Jerry A. Mattern Sr. VS. Gregory S. Keagy et al .SERVE: Harrisburg Hospital/Pinnacle Health Systems No. O1 4222 civil Now, July 17, zoos I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff Sheriff of Cumberland County, PA Affidavit ~f ~ea°s~ice Now, within upon at by handing to a acid made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock copy, of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT M. served the the contents thereof. County, PA $. SHERIFF'S RETURN - REGULAR CASE NO: 2001-04222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTERN JERRY A SR VS KEAGY GREGORY S DO ET AL FINK Sheriff or Deputy Sheriff~6f Cumberland County,P~nnsylvania, who being duly sworn ac ording to law, says the within COMP INT & NOTICE was serve upon ~;ovQ5c~loc ~~; ~rs}~!o{e. the DEFENDANT at 1640:Od~URS, on the 19th, ay of July 2001 at 423 N 21ST ST ,%// HILL, PA 17011 LORIE HARPER a true and attested copy of CO and at the same time direct Sheriff's Costs: Sworn and Subscribed to before Docketing 6.00 Service ~~ .00 Affidavit ;' .00 Surcharge 10.00 .00 16.00 me this /S~- day of Q...,cu~' 07 UU ~ A . D . r thonotary handing to & NOTICE together with Her attentior3~to the contents thereof. So Answers: .~~rs4 R. Thomas Kline 08/06/2001 STEPHEN PEDERSON By ~ ~~~;lx~~ ~- ~'rDeputy Sheriff mm~.~_~, SHERIFF'S RETURN - OUT OF COUNTY ' CASE NO: 2001-04222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ,' MATTERN JERRY A SR VS KEAGY GREGORY S DO ET AL R. Thomas Kline Sheriff or Deputy Sheri f duly sworn according to law, says, that he made a dil'gent and inquiry for the within named DEFENDANT /to wit: INS~ITUTE but was unable to locate\Them deputized the sheriff of D UP: serve the within COMPLAINT &~ attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co r` f 6.00 i~ 9.0 ;i 10.0^0 25,050 who being search and in his bai wick. He therefore ~ County, Pennsylvania, to CE s office was in receipt of t So 1C. - 111V 1LL0. A1111C Sheriff o Cumberland County .00 ~~0.50 08/06/2001 STEFTIEN PEDERSON r Sworn and subscribed to before me i~ this dad of Py% D . i l r THOMAS, THOMAS &HAFER, LZP By: Daniel L. Gri11, Esquire Identification Number: 65339 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 _ 717/237-7115 Attorneys for Defendant Gregory Keagy, D.O. and Caddiovascular Surgical Institute JERRY A. MATTERN, SR. PLAINTIFF GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICALINSTITUTE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO.O1-4222 JURY TRIAL DEMANDED DEFENDANT: PRA ECIPE FQR ENTJiX OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants Gregory S. Keagy, D.O. and Cardiovascular Surgical Institute in the above matter. Respectfully submitted, THOMAS, THOMAS &HAFER, LLP By::~.1 Daniel L. Grill, Esquire I.D.#65339 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7115 Attorneys for Defendants Gregory Keagy, D.O. and Caddiovasculaz Surgical Institute DATE: ,_ CERTIFICATE OF SERVICE I, Daniel L. Grill, Esquire, hereby certify thai I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the ~ day of , 2001: Stephen R. Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, PA 17011 Stephen I. Banko, Jr., Esquire 3510 Trindle Road Camp Hill, PA 17011 THOMAS, THOMAS & HAF'ER, LLF By: ~~~8; ,~ "- Daniel L. Grill, Esquire C; . _ _ .. , ~ ~~7 ._ ~1i c; -- - - "' -. ,f-,. ~_ =1 - , ' - , i, 5. (Ji -, THOMAS, THOMAS ~ HAFER, LLP By: Daniel L. Grill, Esquire-- Identification Number. 65339 305 North Front Street P.O. Box 999 Hamsburg, PA 17108-0999 717/237-7115 Attomeys for Defendant Gregory Keagy, D.O. and Cardiovascular Surgical Instirute JERRY A. MATTERN, SR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAII~]TIFF CIVIL ACTION-LAW N0.01-4222 GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CAPITAL AREA CARDIOVASCULAR JURY TRIAL DEMANDED SURGICAL INSTITUTE DEFENDANT _;. PRAECIPE FOR CORRECTED ENTRY OF APPEARANCE TO THE PROTHONOTARY: In addition to this fum's representation of Gregory S. Keagy, D.O., please correct the docl~Cet to also reflect our appearance of Capital Area Cardiovascular Surgical Institute, improperly named ,in the Complaint as Cardiovascular Surgical Institute in the abi DATE ~'/2//L~' ~ ~~ 305 North Front Street P.O. Box 999 I-Iamsburg, PA 17108-0999 (717} 237-7115DATE: Attorneys for Defendatrts CERTIFICATE OF SERVICE I, Daniel L. Grill, Esquure, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the 'L) day of , 2001: Stephen R. Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, PA 17011 Stephen I. Banko, Jr., Esquire 3510 Trindle Road Camp Hill, PA 17011 .LP fJ ~'.^ ,-,m' ..._ S~,.Y -~ n,~ . ~.r7 .: `: -•: ~ `_ ... i f ~ , . Y ~ ' - ~~ r; -`' ;s.> „~ .`si _C THOMAS, THOMAS ~ By: Daniel Grill, Esquire Identification No. 65339 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7115 Attorneys for Defendants HAFER,LLP Gregory Keagy, D.O. and Cardiovascular Surgical Institute JERRY A. MATTERN, SR. PLAIN'ITFF GREGORY S. KF AGY, D.O, and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICALINSTTTUTE: DEFENDANT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACITON-LAW N0.01-4222 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Stephen R Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, PA 1.7011 You are hereby notified that you are required to respond twenty (20) days of service or judgment maybe entered against THOMAS, By. 1 enclosed New Matter within HAFER,LLP THOMAS, THOMAS ~ HAFER, LLP By: Daniel L. Grill, Esquire Identification No. 65339 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7115 Attorney for Defendants JERRY A. MATTERN, SR PLAINTIFF GREGORY S. KEAGY, D.O.; and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE DEFENDANT IN THE COURT OF CONINION PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW N0.01-4222 JURY TRIAL DEMANDED ~ ¢ „~~ ANSWER OF D~FEIVDANTS, GREGORY S. KEAGY, D.O. >and Ct1PITALAREA Gt~RDIOVASCULAR SURGICAL INSTITUTE AND NOW comes the Defendants, Gregory S. Keagy, D.O. and Capital Area Cardiovascular Institute by and through their attorneys, Thomas, Thomas & Hafer, LLP, to respond to Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph of the Complaint. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Dr. Keagy is an agent of this entity. It is denied that the name of this entity is Cardiovascular Surgical Institute; the correct name of this entity is Capital Area Cardiovascular Institute. 5. Admitted in part and denied in part. It is admitted only that Defendant Dr. Keagy performed a triple bypass on Mr. Mattern on July 12, 1999. All other averments are denied and no further answer is required by the Pennsylvania Rules of Civil Procedure. 6. Denied. No answer is required by the Pennsylvania Rules of Civil Procedure. 7. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied, an to the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 8 (a-f). Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied. To the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 9. Denied. No fturther answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied. To the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 10. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied. To the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 2 11. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied. To the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 12. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. 13. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. Byway of more specific answer, all averments of negligence are specifically denied. To the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 14. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied. To the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 15. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied. To the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 16. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied. To the contrary all involvement of answering Defendants was reasonable and prudent and within the standard of care. 17. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. Byway of more specific answer, all averments of negligence are specifically denied. To the contrary 3 all involvement of answering Defendants was reasonable and prudent and within the standard of care. 18. Denied. No further answer is required by the Pennsylvania Rules of Civil Procedure. By way of more specific answer, all averments of negligence are specifically denied, an to the contrary all involvement of answering Defendants was reasonable and pmdent and within the standard of care. WHEREFORE, the Answering Defendants Gregory S. Keagy, D.O. and Capital Area Cardiovascular Surgical Institute demand that judgment be entered in their favor, dismissing the Plaintiffs' Complaint and awarding costs, counsel fees, and other relief as provided by applicable law. NEW MATTER DIRECTED TO PLAINTIFFS By way of further and more complete answer, answering Defendants, Gregory S. Keagy, D.O. and Capital Area Cardiovascular Surgical Institute, asserts the following New Matter: 19. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 20. Some of the Plaintiffs' claims are barred by the applicable statute of limitations. 21. Answering Defendants at all times pertinent hereto strictly adhered to the applicable standard(s) of care, and no conduct of answering Defendants was a proximate cause of the alleged injuries or damages to Plaintiffs. 22. Plaintiffs' claims are barred and/or limited by the provisions of the Pennsylvania Health Care Services and Malpractice Act. 23. Plaintiffs' alleged damages were caused solely by the acts, conduct, negligence, carelessness and/or recklessness of individuals and/or entities over whom answering Defendants have no control, nor any right to control, nor any duty to control. 24. Plaintiffs' claims are barred and/or limited by the Doctrine of Contributory Negligence or by the Doctrine of Comparative Negligence. 4 25. Plaintiffs' claims are barred by the Doctrine of Assumption of the Risk. 26. Rule 238 concerning damages for delay is unconstitutional and all allegations or assertions for delay damages are barred. 27. Section 606 of the Health Care Services Malpractice Act provides that, in the absence of a special contract in writing, a health care provider is neither a warrantor nor a guarantor of a cure, and such provision bars the claim of the Plaintiffs in this case. WHEREFORE, the responding Defendants respectfully requests judgmen~i their favor and against the Plaintiffs. submitted, ~O S, THO & HAFER, LP Daniel L. Grill, ESQUIltE Attorney for Defendants iazaoz.i 5 JERRY A. MATTERN, SR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAINTIFF CIVII, ACTION-LAW NO.Ol-4222 GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CAPITAL AREA CARDIOVASCULAR JURY TRIAL DEMANDED SURGICAL INSTITUTE DEFENDANT VERIFICATION I, Mr. Stephen Vickers, Executive Director of Capital Area Cardiovascular Surgical Institute, hereby state and aver that I have read the foregoing ANSWER WTIH NEW MATTER TO PLAINTIFF'S COMPLAINT which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. 'T'his statement is made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. ~/ ~ r STEPHE VICKERS, EXECUTIVE DIRECTOR Capital Area Cardiovascular Surgical Institute Dated: /~'' o~ b ~ JERRY A. MATTERN, SR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAINTIFF CIVIL ACTION-LAW N0.01-4222 GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CAPITAL AREA CARDIOVASCULAR JURY TRIAL DEMANDED SURGICAL INSTITUTE DEFENDANT VERIFICATION I, Gregory S. Keagy, D.O., hereby state and aver that I have read the foregoing ANSWER WITH NEW MATTER TO PLAINT'IFF'S COMPLAINT which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to tmsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Dated: _ I,V ~ (Z- ~ `GREGORY S. I~EAG . Capital Area Cardiova urgical e CERTIFICATE OF SERVICE I, Daniel L. Grill, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the l S ~' day of v~o ~f , 2001: Stephen R. Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, PA 17011 Stephen I. Banko, Jr., Esquire 3510 Trindle Road Camp Hill, PA 17011 t THO , TH & HAFER, LLP By: ~ Daniel L. ~ ,Esquire 4,, - ,_ ~-, . . ; ~ ~_- ~ ~ z . c ~ ; z ~ cn _ -- _ - ` .-- : -~ - r ~ -~ ~ ~' ~ ~ - , Tn :; ~~ G C ~ ~ ~ ~r ' D ~? " ~~' ~ 4 JERRY A. MATTERN, SR., PLAINTIFF, vs. GREGORY S. KEAGY, D.O., and HARRISBURG HOSPITAL; PINNACLE HEALTH; and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 01-4222 JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER OF GREGORY S. KEAGY, D. O. and CAPTTAL AREA CARDIOVASCULAR INSTTTUTE PLAINTIFF, by and through undersigned counsel, hereby responds to Defendant's New Matter, and avers as follows: 1-18. No response required. 19. Denied. Plaintiff s Complaint states a claim upon which relief can be granted. 20. Denied. Plaintiff s claims aze in no respect barred by any Statute of Limitations. 21. Denied. Defendants failed to render appropriate care and failed to comply to standards of care applicable, and further denied in that Defendants were the proximate cause of Plaintiff s injuries, all as described in the Complaint. 22. Denied. Plaintiff s claims are in no respect barred or limited by provisions of the Pennsylvania Health Care Services and Malpractice Act. 23. Denied. Plaintiff s damages were caused by the acts, conduct, negligence, carelessness and/or recklessness of Defendants Gregory S. Keagy, D. O. and Capital Area .~ . Cazdiovascular Surgical Institute and they are each responsible for their own actions and involvement in this case. 24. Denied. Plaintiff was in no respect comparatively negligent. Plaintiffs recovery should in no respect be eliminated or reduced according to Pennsylvania's Comparative Negligence Act. 25. Denied. Plaintiff s claims are in no way barred by the Doctrine of Assumption of the Risk. 26. Denied. Rule 238 is in no respect unconstitutional and, therefore, all delay damages allowable by law will be sought by Plaintiff. 27. Denied. Section 606 of the Health Caze Services Malpractice Act in no way bars the claim by the Plaintiffin this case. Wherefore, Plaintiff, by and through undersigned counsel, respectfully request that the New Matter be stricken and judgment be entered in favor of the Plaintiff, together with costs. Respectfully submitted, DATE: ~~a~ /~.Cf ~ ~"~ Stephe R. Pedersen, Esq. 214 Senate Ave., Suite 602 Camp Hill, PA 17011 (717)763-1170 I. D. No. 72026 Attorney for Plaintiff CERTIFICATE OF SERVICE And now, this ~~ day of ~,C„ > 2001, I, Carleen S. Jensen, do hereby certify that I have, this date, served a true and correct copy of the within PLAINTIFF' S RESPONSE TO NEW MATTER OF GREGORY S. KEAGY, D.O. and CAPITAL AREA CARDIOVASCULAR INSTTTUTE upon each of the attorneys of record at the following address(es) by sending same in the United States mail: Daniel L. Grill, Esq. Thomas Thomas & Hafer 305 N. Front Street P O Box 999 Harrisburg, PA 17108-0999 (Counsel for Defendants Gregory S. Keagy & Capital Area Cazdiovasculaz Surg. Inst.) Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Defendants, Harrisburg Hospital and Pinnacle Health) DATE: ~n a9-o~ Cazleek S. Jensen ( / Assistant to Stephen ~ Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717)763-1170 I. D. No. 72026 Counsel for Plaintiff f.. (`~ .._, C. ' - -°-°.. 'S i . C r'~~' 7 ~= C Cam) Li r - li '°J ::7 s . W ~ x-•r+,u; n ~s€:„ti~.rew~~'-~~fw:Y?~~aus9k~ . JUN 0 3 2002 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hi11, PA 17011 Telephone: (717) 975-8114 FAX: (717) 975-8124 Attorney for Defendant Harrisburg Hospital, Pinnacle Health IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D;RB.`:: i=. 2-PATTEc1_''J, SR. , Plaintiff CIVIL ACTION - LAW v. GREGORY S. KEAGY, D.O., HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTE, Defendants NO. 01-4222 JURY TRIAL DEMANDED ORDER AND NOW, this ~ ~ ~ day of ~ 2002, upon consideration of the Stipulation of the parties, IT IS HEREBY ORDERED AND DECREED that Defendants, Harrisburg Hospital and Pinnacle Health, are hereby dismissed from this action, with prejudice, and the capticn shall be amended as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY A. MATTERN, SR., Plaintiff CIVIL ACTION - LAW v. GREGORY S. KEAGY, D.O. and CARDIOVASCULAR SURGICAL INSTITUTE, Defendants NO. 01-4222 JURY TRIAL DEMANDED ~. w J. :.=~,w~. 4c e .. ?t1art~ss ~s wias~`,~wxtaw_x~~~zw ~.,~c .,e. v„~!a;__*~, *~,a- owner sN.e>~`^ ~ SFUM ne~Ytll:wen",_'"" Vr 7~ ~,L,c:r~4r`h'~~~i~ 02 au~ r a ~~ ~~: ~~ i'~1~l5YL~IFiNI~ 7n...~ut ~ kf' . ~- ,~P ~. STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 9758114 FAX: (717) 975-8124 Attorney for Defendants Harrisburg Hospital, Pinnacle Health IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .~ERP." A ^'LATTERA?, SR. , Plaintiff CIVIL ACTION - LAW v. GREGORY S. KEAGY, D.O., HARRISBURG HOSPITAL; PINNACLE HEALTH; and CARDIOVASCULAR SURGICAL INSTITUTE, . Defendants STIPULATION NO. 01-4222 JURY TRIAL DEMANDED The parties hereto, by and through their respective counsel, hereby agree and stipulate that Defendants, Harrisburg Hospital and Pinnacle Health, shall be dismissed from this action, with prejudice, and the caption of the case shall be amended to read as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY A. MATTERN, SR., Plaintiff CIVIL ACTION - LAW v. GREGORY S. KEAGY, D.O. and CARDIOVASCULAR SURGICAL INSTITUTE, Defendants N0. 01-4222 JURY TRIAL DEMANDED Date: ,510-Udl ~~~-cG~~^--~-- Step en R. Pedersen, Esquire I. D. No. 72026 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717)763-1170 Attorney for Plaintiff THOMAS , THO/M~AS & /H~-A~FERf/JJ, LLP Date: By .;, ,. /r C~~li""~ ~ // l ~,~ Daniel L. Gri11, Esquire I. D. No. 65339 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 Attorney for Defendants, Gregory Keagy, D.O. and Cardiovascular Surgical Institute MARGOLIS EDELSTEIN Date:S~~ 1[ 6'ls Bye Ste h Banko, Jr. Attorney I.D. No. 41727 P. 0. Box 932 Harrisburg, PA 17108-0932 Camp Hill, PA 17011 (717) 975-8114 Counsel for Defendants, Harrisburg Hospital and Pinnacle Health _ .P ~_.. .. ii~rf$~f3Y`'`: £fs'+ ~'i'AFn.. -`t/i?3. N.F"x4"xkW ?YY .3}'^}hY 9A'.3~E CERTIPICATE PREREQUISITE TO SERVICE OF A SUBPOENA PIIRSUANT TO RULE 4009.22 IN THE MATTER OF: JERRY A. MATTERN, SR. -US- GREGORY S. KEAGY & HARRISBURG HOPITAL, ET AL COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy'o~' 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: 05/20/2003 `~ _ ~af~j6 orb be f ~ 5 (D55A,N_IEL L. GRILL, ESQ Attorney for DEFENDANT DE11-415431 4 0 5 1 6- L 0 1 _~~ COMMONWEALTH O F P E NN S YLVAN S A COUNT Y O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JERRY A. MATTSRN, SR. TERM, -VS- CASE N0: 01-4222 GREGORY S. REAGY fi HARRISBURG HOPITAL, ET AL NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUNffi~TS AND THINGS FOR DISCOVERY PURSUAN'P TO RIILS 4009.21 HARRISBURG HOSPITAL MEDICAL RECORDS fi HOSPITAL HILL HARRISBURG HOSPITAL X-RAY ONLY SIISQUEHANNA INTERNAL MED. ASSO MEDICAL, BILLING, AND X-RAY(S) CONSOLIDATED FREIGHT EMPLOYMENT TEAMSTERS LOCAL #776 EMPLOYMBNT MOFFITT HEART & VASCULAR GROUP MEDICAL,,,, BILLING, AND %nRAY.F,~)"„+:~:,~ T0: <' 4 _ - -..-- STEPHEN PEDERSON, SSQIIIRE MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned as objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATS:_04/30/2003 CC: DANIEL L. GRILL, SSQ - 110-11190 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney fOi DEFENDANT THE MCS GROIIP INC_ 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DS02-224510 4 0 5 1 6- C 0 2 ,,.„ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY MATTERN, SR. VS File No. 01-4222 GREOGORY KEAGY, D.O. & HARRISBURG HOSPITAL , ET AL SUBPOENA TO.PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 'I'O; CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered_.by the court to produce the following documents~or things: SEE ATTACHED .. at MCS GROUP INC., 1601 MARKET ST., -01800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepazing 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: DANIEL GRILL, ESQ. ADDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHONE: 215-24(i-0900 SUPREME COURT ID #: ATTORNEY FOR; DEFENDANT DATE: '12t ~y _ ~U0.3 Seal of the Court (Eff. 7/97) ~~~~ . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 40516 JERRY MATTERN ANY AND ALL RECORDS FROM 8/28/01 TO PRESENT. Entire hospital medical billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or __ medication, lab and diagnostic test results, including any and all such items ~ x as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertauung to: Dates Requested: up to and including the present. Subject :JERRY MATTERN Social Security ~: 182-32-0423 SU10-438884 4 0 5 1 6- L 0 1 ~~~~~8 C&RTIPICATS PREREQIIISITE TO SERVICE OF A SUBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: JERRY A. MATTERN, SR. -VS- GFEGORY S. KEAGY & HARRISBURG HOPITAL, ET AL COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ ?- ~ certifies that ~ -~ (i) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/20/2003 DANIEL L. GRILL, ESQ Attorney for DEFENDANT DE11-415432 4 0 5 1 6- L,O 2 C O M M O N W E AL T H O F P E NN S Y L VAN 2 A COUNT Y O F C UM B E R LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JERRY A. MATTERN, SR. -US- GREGORY S. KEAGY & HARRISBURG HOPITAL, ET AL OF ]1dTSN'P TO SSRVS A HARRISBURG HOSPITAL HARRISBURG HOSPITAL SIISQIIEHANNA INTERNAL MED. ASSO CONSOLIDATED FRHIGHT TEAMSTERS LOCAL #776 MOFFITT HEART ~ VASCULAR GROUP T0: STEPHEN PEDSRSON, SSQIIIRE MCS on behalf of DANIEL L. GRILL, SSQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/30/2003 MCS on behalf of DANIEL L. GRILL, SSQ Attorney for DEPENDANT CC: DANIEL L. GRILL, SSQ - 110-11190 Any questions regarding this matter, contact THH MCS GROUP INC. 1601 MARRST STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DS02-224509 4 0 5 1 6- C 0 1 TERM, CASE N0: 01-4222 T'O PRODIICS DOCOAffi~1T5 AbID MEDICAL RECORDS & HOSPITAL HILL R-RAY ONLY MEDICAL, BILLING, AND R-RAY(S) EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, AND %-RAY(S) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY MATTERN, SR. VS GREOGORY KEAGY, D.O. & HARRZ~BURG HOSPITAL ET AL File No. 01-4222 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOPPITAL (Name of Person or EntiW) '~"}liyn,tweritya(?pj tlays.after service of this th`in'gs: are ordered by the court to produce the following documents or at MCS GROUP INC., 1601 MARKET ST., II800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL GRILL, ESQ. ADDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID#: ATTORNEY FOR: DEFENDANT DATE: Aaov.3 Seal of the Court (Eff. 7/97) a .EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 40516 JERRY MATTERN INCLUDE DIAGNOSTIC FILMS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form pertaining to: fates Requested: up to and including the present. Subject. ;JERRY MATTERN Social Security,: 1$2-32-0423 g SU10-438886 4 0 5 1 6- L 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: JERRY A. MATTERN, SR. -VS- GREGORYiS. KEAGY & HARRISBURG HOPZTAL, ''' ~, ._. ET AL COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS ~On behalf of DANIEL L. GRILL, ESQ e,-~~,,, ,,}~, certifies that - ... '~2_I~ hci~ ._ (1) A notice of `infenhte~o serve the sub oena with a co p py 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 s e rve d, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (31 No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/20/2003 DANIEL L. GRILL, ESQ Attorney for DEFENDANT DEll-415433 4 0 5 1 6- L 0 3 " C O M M O NW E AL T H O F P E NN S Y L VAN S A COUNT Y O F C UM B E R LAN D IN THE MATTER OF: - - JERRY A. MATTERN, SR. -VS- GREGORY S. KEAGY & HARRISBURG HOPITAL, ET AL COURT OF COMMON PLEAS TERM, CASE N0: D1-4222 HARRISBURG HOSPITAL MEDICAL RECORDS 6 HOSPITAL BILL HARRISBURG HOSPITAL X-RAY ONLY SIISQUBHANNA INTERNAL MED. ASSO MEDICAL, BILLING, AND X-RAY(S) CONSOLIDATED PRSIGHT EMPLOYMENT TEAMSTERS LOCAL #776 EMPLOYMBNT I~FFITT HEART 6 VASCTJLAR GROIIP MEDICAL, BILLING, AND X-RAY(S) ~s~ ~ _ ...,-. ,.- ~_. _ . T®:: STEPHEN PEDBRSOH, B,S~QU~;RB'~ -- __ MCS on behalf of DANIEL L. GRYI;L',~ SSQ intends to serve a subpoena identical to the one that is~rathavhed to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/30/2003 CC: DANIEL L. GRILL, BSQ - 110-11190 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DSFBNDANT THE MCS GROOP INC. 1601 MARRHT STREHT #800 PHILADELPHIA, PA 19103 (215) 246-0900 DS02-224509 4 0 5 1 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SERRY MATTERN, SR. VS GREOGORY KEAGY, D.O. & HARRISBURG HOSPITAL ET AL File No. 01-4222 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: SUSOUERANNA INTERNAL MEDICAL ASSOC. (Name of Person or Entity) *, i :... Within twenty (?0) days after service-of~ ihr9 sub~li$r}~ty$rY~~dre ordered by'~thNdourt to produce the following documents ~or things: SsEE ATdfiA~kB1D ~ "`', ~' 7' ~,. ,.io~r,~.,.-,,: a~~...,_.- at MCS GROUP INC.,-1601 MARKET ST., 1F800, PHILA.,PA 1 (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 prepazing 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: DANIEL GRILL, ESQ. ADDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEF .ND NT DATE: ~t7/_LL~~~_0~.3 Seal of the Court (EfF. 7/97) °=:u_,. YEXPLANATION OF REQUIItED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA INTERNAL MED. ASSO 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 RE: 40516 JERRY MATTERN ANY AND ALL RECORDS FROM 7/30/02 TO PRESENT. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication prescription records, medical billing.and payment records, x-raq films and tests with subsequent repoi`fs; uiclud`nig any and all such items as may be stored in a computer database or otherwise in electronic form, relating " to any examination, consultation, diagnosis, caze or treatment pertaining to: Dates Requested: up to and including the present. `' Stibject :JERRY MATTERN Social Security /1: 182-32-0423 SU10-438888 4 0 5 1 6- L 0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JERRY A. MATTERN, SR. -VS- GREGORY S. KEAGY & HARRISBURG HOPITAL, ET AL COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L.~GRILL, ESQ certifies that _ _. r.~~a. ~i sb¢we"i:~ (1) A notice of intent to serve ;~tq~,~s~uk~oena with a copy ofj~1~he subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/20/2003 DANIEL L. GRILL, ESQ - Attorney for DEFENDANT DE11-415434 4 0 5 1 6- L 0 4 C O MM ONW E AL T H O F P E NN S Y LVAN 2 A COUNT Y O F C UM B E R LAN D IN THE MATTER OF: - JERRY A. MATTERN, SR. -VS- GREGORY S. KEAGY & HARRISBURG HOPITAL, ET AL OF ]17TSNT T'O SSRVS A HARRISBDRG HOSPITAL HARRISBDRG HOSPITAL SIISQDEHANNA INTERNAL MED. ASSO • CONSOLIDATED FRHIGHT ...;,TEAMSTERS LOCAL #776 ' F•7/OFPITT HBART & YASCIILAR GROIIP COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 MEDICAL RECORDS ~ HOSPITAL BYLL X-RAY ONLY MEDICAL, BILLING, AND %-RAY(S) EMPLOYMENT EMPLOYMENT MEDICAL, BILLING, AND %-RAY(S) PIicTO: STEPHBN PBIJRRSON, ESQIIIRS ~ ~ = t i;,~L: - _. ...__...... MCS on behalf of DANIEL L. GRILL, ESQ --intends to serve a subgoena identical to the one that is attached to this°notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/30/2003 CC: DANIEL L. GRILL, ESQ - 110-11140 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, SSQ Attorney for DEFENDANT THS MCS GRODP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-224509 4 0 5 1 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY MATTERN, SR. VS File No. 01-4222 GREOGORY KEAGY, D.O. & HARRI`a1BURG HOSPITAL ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CONSOLIDATED FREIGHTWAYS (fame of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered kyithe;court to produce the following documents~or things: SEE ATTACHED nt at MCS GROUP INC., 1601 MARKET ST., Ik800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepazing the copies or producing the things sought. lE you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the pazty 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: DANIEL GRILL, ESQ. ADDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHONE: 215-2 4 6-0 900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY E COURT: DATE: navlJ.l. ~~ .,2rYA2 Prothonatnn~/Clerk, Cieil smn Depu Seal of the Cottrt (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CONSOLIDATED FREIGHT 16400 SE CONSOLIDATED FREIGHT WAY VANCOVER, WA 98683 RE: 40516 JERRY MATTERN Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject :JERRY MATTERN Social Security ~f: 182-32-0423 SU10-438890 4 0 5 1 6- L 0 4 CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JERRY A. MATTERN, SR. -VS- GREGORY S. KEAGY ~ HARRISBURG HOPITAL, ET AL COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/20/2003 DANIEL L. GRILL, ESQ Attorney for DEFENDANT DEll-415435 4 0 5 1 6- L O S "''COMMONWEALTH OF PENNSYLVAN2A COUNT Y O F C UM B E R LAND IN THE MATTER OF: COURT OF COMMON PLEAS JERRY A. MATTERN, SR. TERM, -VS- CASE N0: 01-4222 GREGORY S. KEAGY 6 HARRISBURG HOPITAL, ET AL HARRISBURG HOSPITAL MEDICAL RECORDS ~ HOSPITAL BILL HARRISBURG HOSPITAL X-RAY ONLY SIISQDSHANNA INTERNAL MED. ASSO MEDICAL, BILLING, AND X-RAY(S) CONSOLIIIATBD FREIGHT EMPLOYMENT TEAMSTER& LOCAL #776 EMPLOYMENT `+ MOFFITT~~NFf & VASCDLAR GROIIP MEDICAL, BILLING, AND %-RAY(S) ?F+iIEO'OL~r;SR'.N PEDERSON, 65QUIRS -- °I td ~, ~.. , . .p - MCS oh be~ltalf of DANIEL L. GRILL, SSQ intends to serve a subpoena identica3 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 treaty day notice period is raived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATB: 04/30/2003 CC: DANIBL L. GRILL, SSQ - 110-11190 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ES4 Attorney for DEPENDANT THH MCS GROIIP INC. 1601 MARRET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DS02-224509 4 0 5 1 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY MATTERN, SR. . VS File No. 01-4222 GREOGORY KEAGY, D.O. & HARR1i1BURG HOSPITAL ET AL ' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: TEAMSTERS LOCAL UNION 776 (Name of Person or Entitv) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ~ ~~~,_ " at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 1 (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 prepazing 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: DANIEL GRILL, ESQ. ADDRESS: 305 NORTH FRONT ST. HARRISBURG. PA 17108 TELEPHONE: 215 -2 46-0 900 SUPREME COURT ID 11: ATTORNEY FOR: DEFENDANT BY E CO RT: DATE: A7/1 L U ,~ (Xa3 Prothonotanre/Clerk, C ~ ivisinn ~~/J 2w1J-ter DeP D/./ „~ SealeEthe Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TEAMSTERS LOCAL #776 2552 JEFFERSON STREET HARRISBURG, PA 17110 RE: 40516 JERRY MATTERN Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: ~- I1~ates Requested: up to and includiug the present. SubjeM : JURY MATTERN Social Security #: 18=32-0423 SU10-438892 4 0 5 1 6- L O S CERTIFICATE PREREQIIISITE TO SERVICE OF A SUBPOENA PIIRSUANT TO RIILE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JERRY A. MATTERN, SR. TERM, -VS- CASE N0: 01-4222 GREGORY S. REAGY & HARRISBURGoFiOPITAL, , d'~;,:. ET AL , _ As a prerequisite to service of a subpoena for documents and things pursuant to Ru1B 4009.22 ,.~ MQS on beha'lf~of dANI~~ L. GRILL, ESQ i?:3uI71R certifies that _ +'' ESQ. i~.~2r.: ' RILL, u" ~r:~ (~) A notice o~ ~~~~o serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/20/2003 DANIEL L. GRILL, ESQ Attorney for DEFENDANT DE11-415436 4 0 5 1 6- L 0 6 `~ C O M M O NW E AL T H O F P E NN S Y L VAN 2 A COUNT Y O F C UM B E R LAND IN THE MATTER OF: COURT OF COMMON PLEAS JERRY A. MATTERN, SR. TERM, -US- CASE N0: 01-4222 GREGORY S. KEAGY & HARRISBURG HOPITAL, ET AL 1'O HARRISBURG HOSPITAL BARRISBIIRG HOSPITAL SIISQt1EHANNA INTERNAL MED. ASSO CONSOLIDATED FREIGHT TEAMSTBRS LOCAL #776 MOFPITT HEART ~ VASCDLAR GROIIP u.(~~: bilk. k'~ . MEDICAL RBCORDS fi HOSPITAL HILL X-RAY ONLY MEDICAL, BILLING, APD X-RAY(S) EMPLOYMENT SMPLOYMBNT MEDICAL, BILLING, AND X-RAY.(S) rr~e 4. ~_ _ T0: STEPHEN PEDSRSON, a r~.~,~ - ~- MCS on behalf of DANIEL L. GhTyr6§Q intends to .serve a subpoena identical to the one that is~~atttai4li~d to this notice. You have tVenty (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 treaty day notice period is waived or if ao objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by Contacting our local MCS office. DATE: 04/30/2003 CC: DANIEL L. GRILL, SSQ - 110-11190 Any questions regarding this matter, contact MCS on behalf of DANIRL L. GRILL, ESQ Attorney for DEFENDANT THS MCS GROUP ZNC. 1601 MARXST STRBST #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-224509 4 0 5 1 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY MATTERN, SR. VS GREOGORY KEAGY, D.O. & HARRISBURG HOSPITAL ET AL File Na. 01-4222 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 'I'O; CUSTODIAN OF RECORDS FOR: MOFFITT HEART & VASCULAR GROUP (tame of Person ar Entity) Within things: to produce the following documents~or `~~~a diagn~~.l ,~- . - _„ent taerta~ai;l~ et: at MCS GROUP INC.,.-1601. MARKET ST., 11800, PHILA.,PA 19103 ' (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepazing [he 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: DANIEL GRILL, ESQ. ADDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHO V E: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: /~'yj,_l.-o~~-t-pS~~G~7 Seal of the Court BY Prothonotary/Clerk, (Eff. 7/97) s EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOFFITT HEART & VASCULAR GROUP 1000 N. FRONT STREET WORMLEYSBURG, PA 17043 RE: 40516 JERRY MATTERN ANY AND ALL RECORDS FROM 06/11/02 TO PRESENT. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, , medicationlprescription records, medical billing and payment records, x-ray films and tests with subsequent reports, 'including any and all such items as may be stored in a computer database or otherwise in electronic form, relating ~ - to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject :JERRY MATTERN Social Severity #: 182-32-0423 SU10-438894 4 0 5 1 6- L 0 6 C7 C_7 C c.~ ~_ v6 ~ - ~ -- y , ~ ~y._,. --t 7 ~~. ~C cn ::: ^a rv , rr, ~} i47 ~ ~ ~?= ~ ~ ~` ~ jni ~~ „~ _ g~ (~ ~ ~. ~9(~~ VSdq~F}8i4 V. . 5.. }".5.°S~{i11i kbi'~ii'-R1'!'R°v~~~l+L?~~ CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JERRY A. MATTERN, SR. -VS- GREGORY S. KEAGY, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06J23J2003 ~~MC~ beiyal f ~(/ DANIEL L~. RIL Attorney for DEFENDANT DE11-423547 4 0 5 1 6- L 0 7 COMMONWEALTH O F PENN SYLVAN=A COUNTY OF CTJM$ERT.AND IN THE MATTER OF: COURT OF COMMON PLEAS JERRY A. MATTERN, SR. TERM, -VS- CASE N0: 01-4222 GREGORY S. REAGY, D.O., ET AL SSRVE A SIIBPOENA TO PRODUCE DOCUMENTS AND ISCOVERY PURSIIANT TO RULE 4009.21 JOHN G. CALAITGSS, M.D. MBDZCAL, BILLING, AND R-HAY(S) HOLY SPIRIT HOSPITAL MBDZCAL RECORDS 6 HOSPITAL BILL HOLY SPIRIT HOSPITAL BRAYS RECORDS T0: STEPHBN L. BANEO JR., ESQ. STEPHEN PEDERSON, ESQUIRE MCS on behalf of DANIEL L. GRILL, ESQ intends to setae 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 ugon the undersigned an objection to the subpoena. If the twenty day .notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/02/2003 CC: DANIEL L. GRILL, ESQ - 110-11190 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-228884 4 0 5 1 6- C 0 2 ,z COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY bIATTERN SR. L'S File No. 01-4222 GREGORY KEAGY,D.O. & HARRISBURG HOSPITAL,, ET AL ' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JOHN CALAITGES, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fallowing document9 or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST:, 11800, PHILA.,PA 191 (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 ai the address listed above. You have the right to seek, in advance, the reasonable cost of prepazing the copies or producing the things sought. [f 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: DANIEL GRILL, ESQ. ADDRESS: 30 HARRISBURG, PA 1710$ TELEPHONE: 215 -2 4 6 -0 9 0 0 SUPREME COURT [D #: ATTORNEY FOR: DEFENDANT BYT CO RT:"~ /~// RR --~~ ,IC - Piny DATE: _ /'(~~/ ~~, ~~W t~Prothonotaty/Clerk, Ci vision Dr Seal of the Court (Eff. 7/97) _, EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN G. CALAITGES, M.D. VASCULAR ASSOCIATES, P.C. 800 POPLAR CHURCH RD CAMP HILL, PA 17011 RE: 40516 JERRY MATTERN Entire medical, billing, and diagnostic file, including but not limited to-any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject :JERRY MATTERN Social Security #: 182-32-0423 SU10-445170 4 0 5 1 6- L 0 7 -.~, CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PTJRSUANT TO RIILE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SERRY A. MATTERN, SR. TERM, -VS- CASE N0: 01-4222 GREGORY S. KEAGY, D.O., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRZLL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/23/2003 M on behal,~ o ~ (,~ D~ G~ RIrL; ESQ Attorney for DEFENDANT DE11-423548 4 0 5 1 6- L 0 8 COr'II"iONWEALTH OF PENNSYLVANIA COUNTY O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SERRY A. MATTERN, SR. TERM, -VS- CASE N0: 01-4222 GREGORY S. KEAGY, D.O., ET AL TO SERVE A JOHN G. CALAITGES, M.D. MEDICAL, BILLING, AND R-RAY(S) HOLY SPIRIT HOSPITAL .MEDICAL RECORDS E HOSPITAL BILL HOLY SPIRIT HOSPITAL %RAYS RECORDS TO: STEPHEN PEDERSON, ESQUIRE MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the oae that is attached to this notice. You have twenty (20) ~ days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day, notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your ezpense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/02/2003 CC: DANIEL L. GRILL, ESQ - 110-11190 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, SSQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-228883- 4 0 5 1 6- C 0 1 COMMON`NEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY MATTERN , SR. VS GREGORY KEAGY,D.O ET AL & HARRISBURG HOSPITAL,, File No, 01-4222 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (:tame of Person ar Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,P (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compiiance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepazing 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: DANIEL GRILL, ADDRESS: 305 NORTH FRONT ST. _ HARRISBURG, PA 17108 TELEPHONE: 215-2 4 6-0 9 00 SUPREME COURT ID #: ATTORNEY FOR: DEFENDrLNT DATE: ~ r[~a/_~I ~aC~z Seal of the Court E3Y T CO RT: a ProthonotanjClrrk, Cicil 'on _i~ O ~~' /Li 7. 1 Depu e (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMF HILL, PA 17011 RE: 40516 JERRY MATTERN RECORDS FROM 7!22102 TO PRESENT. Entire hospital medical billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription. records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment,, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject :JERRY MATTERN 9 Social Security #: 182-32-0423 SU10-445172 4 0 5 1 6- L 0 8 D CERTIFICATE PREREQIIISITE TO SERVICE OF A SIIBPOENA PURSIIANT TO RULE 4009.22 IN THE MATTER OF: JERRY A. MATTERN, SR. -VS- GREGORY S. REAGY, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on =behal-f' of DANIEL L. GRILL, ESQ - ~- certifies that-. (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/23/2003 on beh f o~~ „ °,~ Q ~~ L L. RILL' SQ j~i~,~ Attorney for DEFENDANT DEll-423549 4 0 5 1 6- L 0 9 _ ~. _ t COMNiO NWEAL TH O F P E NN S YLVAN YA C OTJNTY O F CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JERRY A. MATTERN, SR. TERM, -VS- CASE N0: 01-4222 GREGORY S. KEAGY, D.O., ET AL A JOHN G. CALAITGES, H.D. PISDICAL, BILLING, AND S-BAY(S) HOLY SPIRIT HOSPITAL MEDICAL RECORDS E HOSPITAL BILL HOLY SPIRIT HOSPITAL %RAYS RECORDS T0: STEPHEAT PEDERSON, BSQDIRE MCS on behalf of DANLBL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) + + days from the date listed below in which to file of record and serve upon the undersigned an objection to the eubpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at pour ezpense by .completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATES 06~02~2003 CC: DANIHL L. GRILL, ESQ - 110-11190 Aay questions regarding this matter, contact MCS oa behalf of DANIffi. L. GRILL, ESQ Attorney for DEFENDANT THE HCS GROIIP-INC. 1601 MARRBT STRHET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-228883 4 0 5 1 6- C 0 1 - - "`- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY MATTERN SR. VS . File No. 01-4222 GREGORY KEAGY,D.O. & HARRISBURG HOSPITAL,, ET AL ' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR:HOLY SPIRIT HOSPITAL (:Name of Person ar Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fallowing documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., 1{'800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cast 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: DANIEL GRILL, ESQ. ADDRESS: 305 NORTH FRONT RT. HARRISBURG, PA 17108 TELEPHONE: 215-2 46-0 9 00 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT BY ~F{E CO jRT: DATE: erl~f o2~ eZt~U3 ~ ' Prathonotan/Clerk, Cicil Sian ~~ Depu Seal of the Court (Eff. 7/97) _, EXPLANATION ®F REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 40516 JERRY MATTERN Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form pertaining to: Dates Requested: up to and including the present. Subject :JERRY MATrERN Social Security #: 182-32-0423 SU10-445174 4 0 5 1 6- L 0 9 ;, .~ ~ ~..~ :~ _ ., -7, ~ ~. UJ : C. G~ __a .. < ,,..,, ?~ Z C~ ~h - ^ C ~ - 'O f~F. . +a F1•@a"33SEP-ASS§Y9i1'~iA.?a.- -~.:z s ..'?r.....~, .'v:~z€e.F€~ia'.!'g eni"a~.'x'?k. ~4.R41L§~cl"B$~~ ~' CSRTIFICATS PRSRSQIIISITE TO SHRVICH OF A SIIHPOSNA PIIRSIIANT TO RULS 4009.22 IN THE MATTER OF: JERRY A. MATTERN, SR. -VS- GREGORY S. KEAGY, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE N0: 01-4222 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/10/2003 S onb 1 f ti DANIE L. RILL, ESQ Attorney for DEFENDANT DE11-444527 4 0 5 1 6- L 1 0 ~x,~ ,. C O MM O N W EAL T H O F P E NN S Y LVAN I A COUNT Y O F C UM B E R LAND IN THE MATTER OF: COURT OF COMMON PLEAS JERRY A. MATTERN, SR. TERM, -VS- CASE N0: 01-4222 GREGORY S. KEAGY, D.O., ET AL HOLY SPIRIT HOSPITAL OTAER T0: STEPHEN PBDBRSON, ESQUIRH CATHHRINH MAHADY-SMITH, ESQ. MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. [f the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/21/2003 MCS on behalf of DANIEL L. GRILL, BSQ Attorney for DEFRNDANT CC: DANIEL L. GRILL, ESQ - 110-11790 Any questions regarding this matter, contac[ THS MCS GRODP INC. 1601 MARRST STREET #800 PHILADBLPHIA, PA 19103 (215) 246-0900 DE02-239350 4 0 5 1 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JERRY A. MATTERN, SR. vs. GREGORY S. ICEAGY, D.O., ET AL File No. 01-4222 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc .1601 Market Street. Suite 500. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If yo~~ fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the p..rty 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: DANIEL L. GRILL. ESO ADDRESS: 305 NORTH FRONT ST. P.O. BOX 999 HARRISBURG. PA 1'7108 TELEPHONE: X215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: h/G~O( /~ eL~3 Sea] of the Court BY THE COURT: ~. Prothonotary/Clerk, Civil Divtsion eputy CCC/// 40516-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 40516 JERRY MATTERN REQUESTING ANY AND ALL COPIES OF ECHOCARDIOGRAM TAPE OF 08/11/98. COMPLETE 2D M MODE PULSED AND COLORFLOW. Subject :JERRY MATTERN Social Security #: 182-32-0423 SU10-460330 4 0 5 1 6- L 1 0 !: (~~ Ce i.G -ri ' r!` _, ;~ ~-` : %i/:_- err ~~`. r~ ~;; , . --h _. °,~ -G ~ sx~ns+nl~l~sti~, ,, .,~,~ o a,r-. .~.~~. r<~in~e _ .. _ THOMAS, THOMAS &HAFER, LLP By: Daniel L. Grill, Esquire Identification No. 65339 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7115 Attorney for Defendants JERRY A. MATTERN, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA GIVIL ACTION-LAW NO. 01-4222 GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL INSTITUTE DEFENDANTS JURY TRIAL DEMANDED PRAECIPE TO ATTACH EXHIBIT Please attach the enclosed Exhibit A to Defendants' Petition for Status Conference that was filed on or about September 30, 2003. Respectfully submitted, THOMAS, THOMAS &HAFER, LLP ~~~4i~1 ~ ~ V ~'l-~X By: Daniel L. Grill, Esquire Identification No. 65339 Attorney for Defendant I~IOTICT TO DEFEI~'D You hove basin 8uedur court. If you wish to defend pgeiast the claims set forth in the owing pages, ypu must Bake action'within twenty (20) days otter this Complaint and Notice are +ed, by entering a written appearance personally orby ettnmey and filing ~ uniting with the sR your defenses ar objections to the claims set fucth against you: You are warned that if you to do ao, the case may proceed witllout you and a judgement maybe enedted against you by Court without further notice for any money claimed in the ComplatM or for any other claim of of requested by the Plaintiff. You may lo9a mrcey or propas+y at otheC rights important to XOU SHOULD TAKE THIS PAPER IO YOU& LAWYER AT ONCE. IF YOU DO AVE A LAWYER 0R CANNOT AFFORD ONE, 00 TO OR TPL,EPHUNE THE 3 SET 1FORTI3 BELOW TO FIIr'D OUT WFmTlR YOU CAN G&T LEGAL HELP Central Permsy9vanis Legat Services 213-A N, Front 5ueet- Harrislmrg, PA ('1l~ 236-8932 Ttl'tiae' Ge3p'Y HRa~r.A Ftzrt'.Qf`~PC! ~n Testirnasp wndregl, 0 hers arn9o eat my hand and the 9esd of :=a!d Cove et aAhtle. Pd, Thi fl,r?rd ~ Y`~S - lYtdt~e^~ G+>~u4 RS .xa,,~~s~~i i~~'' ~~ st~r,rf~,r~ P } Y A. MATTTR2V, 9R, PEaintifY, ~ ~~ ~ colzx s, a~.~GY, D.o„ aid IRRLSBURG HOSPI7CAI-; P NACLE HEALTH: and C~RDIOVASCt7L1kR 3U12GiCAL T1~STTA'UTE, TIe{etadanrs. r,~ ~. ~. IN TSE COURT OF COM.yI PLEAS CUM$EFILAND COUSr1TY, . CYVIL ACT)<ON • LAW xo.~Ol-ya~2- ~l JURR TRIAL DEhIANDED NoT~ce To Dle»srn You have b,+en aeied in court, Lf you wish to defend against the claims getlY During pages, you must tyke actionwitiumnuenry (20} days a#testhis Comptaiaf vec~'by enuring a written appearance personally or by attorney and SJiag in tvrid art your defenses or objections to the claims set forth against you. You are wart to do sn, vic rase tray proceed uritliovt you and a jodgemoM msy be entered ag Coax without fi,rtker t~tice for aaytnoney claimed in the Comylatm. or fur any eFrequested lry the Plaimif,}'. You may lose money or proporty or other rights is i in the t i`lotice ate with the that i£yort st you by aer claim of YOU SHOULD TAKE THIS PAPkR TO YOL1L LAVVYEdt AT ONCE. YOU DO FL4VE A LAWY)rR OR CANNOT AFFORD ONE, GO TO OR TELFP$O T,fTE CE SET FORTH BI:I,OW TO FIIQD OUT Wf~1LE YOU CAN GET LFC'r Fi>?7..P: Central Peorrsylvarlie Legal Services 213-AN. Froor Street H'arzisburg, PA (7I'~ 236-9932 6~~~ ~-~3~7' PFia;7AR R i~ Testimony wttere¢t, t bane ut~0o B11A the seal d satd Court, at Gar frarw ,i JE X A. MATILAN, Sxt. PlaintiRk', v9. ~ ~nmtr OF COMM~N ~T:EAS C1VI1: ACTION - I.piW PfO. .JURY 2RINDEMA1~iDED lAOlZ Ln hen demaild8do a used etu la torte.. 5i ustad quiere defesulerse de tyres , r+en9es :rnircrao en las-paginas su®mueiscs, oared time viente (20j dies da.p[azo al pat;ir la fec6a de demands y la notification. Usted debe presenter utta apa;ienda escinta o ea Per o por ~ogado y acchivar ea las cone ea £pnaa axctita sus defenses o sus objeaanes a lea etnandas ea mfrs de su persona. Sea atvisado'gae ai utted as se defiedde, la torte tomes ypoede Brat utta ordea oomrA oared sin praiio nviso o notification y por walquier queja o alivio que es ;lido en la petitioa de derparda Listed puede perder dioero o eos piopiedades o . tros derechae >portaates pass ~ted_ I.IEVEESTADFMANDAAUNABOGADOWII~aIATEIviE1vIE. SI '1'IAr~TE BOGADO O S1 NO.TIENE EL DYNEItO SUFICIENTE DE PAGAR 1'AL S>rR CIO, 'AYA EN PER90NA O I.IANff'. POR 1FL8FOPI0 A LA. OFLCIt~lA CL'XAD CGION 3E NCVSbN1RA ESCRIIA A$A70 PA1tA AVE~tIGUAR DONDE SE PUECE NSEQUIR SISTENCIAI.EGAL. Central Peansylvanla Legal Services 213-AN.-Front Street Harrisburg, RA ' {ll7) 236-8932 a~, i Detendaats. i ,rE,~RI' A. MA77:EItPi, 9R., I Rlaintiff, ~~~~rw,w A4 nllld 2. Dr. Gregory Keagy, D0, is a doctor licensed in Pennsylvania and we alert, appsreni agent, partner and/orowner of Cardiovaacu]ar Sntpjcal Institute,-a~ 9 trees, Camp Hill, PesmSYlvenia. Dr: Keagy was the doctor who pe[fOrmed the sur p~ocedure which is the basis fvr this suit. I I1 3. Iiazrisburg Hnapitel, Finnante Health Systems, is the hospital where p~oudure wan petfornted which gives rise to the instaru suit. 4. Catdiavascolar Surgit~l Instinttc is tha entity, booed upon infarmati for which Dr. Keagy is an agent, apparent agenk employee ~ othenulae a'~~ by l~7tB entity. i PLEAS Bill, isinR ae en ;,. x: 21st surgical and belie through q- - i -I I 5. Ou cr about July t2, 1999, Bi. Keagy perfgrated a triple bypass of tfie~ e$ imeinal i ~'°T'°""~ to left anterior desceoidiag right in[emal mammary through the ~'Ve"e ~ s to the second obtirae margitta~ aaphenous vein froth the aorta to the posterolateral branch. ' 6. At the time of eha surgery, the left internal rnantura~t}' Rim to the L was widely pa~ent. ; ~~ ? ~ 7. The right imerttal mammary graftt wss, under accepted etandatds of dices ~, pr~rclce to bs,gtafled to ehe ciraxm{~e~x, However,. as a result of the negligence of ~! • II~~83'. ~ tight internal mammary graft aas improperly graRed to the lateral hraoclt ofthe iigh coronary ~__. _,_ _-----~ __m_~.~..~ _. 8. Dr. Keagy, and each of the Defeadarda, 9reie ne$].igeat in t11e fbllo ~. particulars: j s) Not properly assessing the patient prior to rrtgety to der the a~propciate course of action, b) Not properly advising Mr. Matsenl at w the procedure whit was to take p~noe. i c) Improperly conducing the bypass atugrry. I I I i fl) Improperly grafting to the lacers! branch of the tight Coto attest' rather tan to the arcutnflex, ' i -~.t 1 i e) $asod upon infottnation and belief, conducring a surgicei pr adore which ~ I - e e d ecii no b - -- ~ dye a ho ii on Mr a i r M t c a to s not a t r e s y_ . ~ Conducting a procedure in which Ar. Keagy was flat suffici tly trained or qualified m condua. i I ~ ! Toned ne ttt condo IUs'. MatterA ~! isijutiee ! g. As a result ofthe aforenteot BhBe an~ iossca and daim is made therefor. 10. 11te cogdyct described above was the cause end fact of each of Ntr. ~tt~'s i inj rtes and losses, ~ 11. 7'he conduct described above wee the pratiaiate cause of aU bfMr: ~'9 in~artias aaad losses: As a direct resort aPtke negUBant condtta described shave, Mr. anern has b~rsr amablei to return to work aud, thanefote, has suffered_Past Wage 1ns+ In ap amo ' to be d~temtiued ai trial. i ' ] 2. Prier sa the surgycal proceduze, Mr. Matters waa a trudC driver and i ticipet i ~tatiniririg to waisir in the auekimg iaduatty cod retiring from the ttaaeleng industry, ~ i ' 13. Had the surgical, procedure beast done correctly, Mr. Mattern would. ve teuazned ~ fuU employment in the ttuckicg industry: ' j' 14. As a direr[ resulr of the Defendant's coatduat, Mr. Mattern hoc loot A x "rages and dull a;otrtirnle ro lose wages sod refirectent DeneHm into the firtatre end dean is tiaerofor. 15. As a direct result of the improper aurgany; Mr. Msttesn had to and o addiriorral Medical and surgical procedures and claim is made therefor. lb. As a direct rectors of the aegligeat conduct fleaeribed above, A4r. em has rpndergone sigrdficau7t pain, oheos, and auffetiar$, and claim is made therefor. ! II ! 11, Act a direct result of the negligent conduct; Mr. l~faltera has lost of the ~{easarres in ]if~e and has not been ablr3 to resume pre-surgical activities, and claim i~ made ~herefor. ~~ 18. As a direct result of the negligent wnduct described above, Mr: Matt ~ -bas i other wrn ~ asQ~9,and cl~~oade for~,all~aino~nt~alle?`1?v lew; VVkiFREFORE, P1Aiatiff seeks judgmen against„ each of the Defcndacrts in i frill amount d by la~u for all compensatory losses, pain an8 suffering, work lose, and ocher t' sses red in the instant complaint. I Respectfillly outimitted, i 'I / DA"~'r- Steph R. Pedetacn, 8s4• i i 214 Senate Ave. Suite 602 ' Ceasp Hill, PA 19011 j (717)763-1.170 r Attorney 1, D. No. 7ZU26 ' ~ Cciuasel for Plaintiff ~ Fes, I, JERRY A. MATClE]tN, SR; hereby verify that the facts cairtaincd in the RY,AiNi are tole aitd caire%-t so the best of my knowledge, Snfo[mation and; b stand that false stateaterns made herein: are subject to the penalties of 1$ PA. C relaxing to unsavorn fzlsification to authorities. ~ v l~atrd, this ~ dsy of~~~l^""7 •. 2001. ~jj f ,I Section ,~ ,Y~~- ,~~,,.~ JERRY A. MATTERN, SR. PLA{NTIFF GREGORY S. KEAGY, D.O., and CAPITAL AREA CARDIOVASCULAR INSTITUTE DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO. 01-4222 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ashleigh E. Oates, hereby certify that I have served a true and correct copy of the foregoing document on the follpkving pe on b placi,{npg /same in the United States mail, postage prepaid, on the ~~~1/~/`"` ~~day of ~~ ~ l 2003: Stephen R. Pederson, Esquire 214 Senafe Avenue Suite 602 Camp Hill, PA 17011 Attorney for Plaintiff Catherine M. Mahady-Smith, Esquire 3115 A North Front Sfreet Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP B .ltd'/~-U`'t ,`~ ~~~4%~'zQ YY~~~_ Ashle' E. Oates ~ ~~ S~ C =. «; r: ,z -~ --~ '~1.1" :7 S"n r~ ! ~~~ .e._-~- q ' C' ....1 ~':'L] , i ~~',` _ 2_~ `..~- (~ ; "~ _ ~ ~x ~{('i ~=y __ Jt }7 C=~ "< OCT 0 1 2003 ~ ~ JERRY A. MATTERN, SR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAINTIFF CIVIL ACTION-LAW NO. 01-4222 GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL JURY TRIAL DEMANDED INSTITUTE DEFENDANTS ORDER AND NOW, this day of ~~ 2003, upon consideration of Defendants' Petition for Status Conference, and any response thereto, it is hereby ORDERED and DECREED that a status conference is scheduled for the /D 2!~ day of 2003 ~ ~3',~ a.m.~m in Courtroom No. ~. v\ ~~~ ~~ \~ro BY THE COURT: ~'~P~'i~;1~lSPJN~d,, v~'? ;~.u, ~~.~1.~~ G-!„~~.~ JERRY A. MATTERN, SR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAINTIFF CIVIL ACTION-LAW NO. 01-4222 GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL JURY TRIAL DEMANDED INSTITUTE DEFENDANTS PROPOSED SCHEDULING ORDER The following case management deadlines are hereby imposed: 1. Plaintiff shall produce her expert report(s) no later than December 1, 2003. 2. Defendants shall produce their expert report(s) no later than February 1, 2004. 3. Any and all dispositive motions shall be filed no later than Apri{ 30, 2004. 4. This matter shall be tried in the civil trial term of June 28, 2004 with a pretrial conference to be scheduled associated with that trial term. SO ORDERED: J. THOMAS, THOMAS & HAFER, LLP sy: Daniel L. Grill, Esquire Identification No. 65339 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717)237-7115 Attorney for Defendants JERRY A. MATTERN, SR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAINTIFF CIVIL ACTION-LAW NO. 01-4222 GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL JURY TRIAL DEMANDED INSTITUTE DEFENDANTS PETITION FOR STATUS CONFERENCE AND NOW comes Defendants Gregory S. Keagy, D.O. and Cardiovascular Surgical Institute, by and through their counsel, Thomas, Thomas & Hafer, LLP, and hereby requests this Honorable to schedule a status conference in order to establish deadlines and otherwise aid in bringing the instant case to resolution, and in support for said request, avers as follows: 1. The Complaint in this medical malpractice case was filed on or about July 11, 2001. See Exhibit "A". 2. Defendants' Answer with New Matter was filed on or about October 15, 2001. 3. The parties have engaged in "paper" discovery including the exchange of Interrogatories and Requests for Production of Documents. 4. The parties have completed numerous depositions including most, if not all, of the depositions of the parties, their alleged agents, etc. WHEREFORE, Defendants respectfully request that this Honorable Court schedule a status conference for the purpose of establishing a discovery deadline, a deadline for exchange of expert reports, a deadline for dispositive motions, a pretrial conference date and a trial date. Respectfully submitted, s & HAIFER, LLP By: Danibl L. Gri Identification Attorney for Defendant JERRY A. MATTERN, SR. PLAINTIFF GREGORY S. KEAGY, D.O., and CAPITAL AREA CARDIOVASCULAR INSTITUTE DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW N0. 01-4222 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ashleigh E. Oates, hereby certify that I have served a true and correct copy of the foregoing document on the ollowmg person bynplacing same in the United States mail, postage prepaid, on the ~ day 1 ~~ , 2003: Stephen R. Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, PA 17011 Attorney for Plaintiff Catherine M. Mahady-Smith, Esquire 3115 A North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP Byi~l~.'~ ~~ Ql~~~~- Ashleigh ates ~: f' C c:~ .~ ~..~ ~ ~° ~ ~ ~ ' = I ~ ~ ~: ` - ' ~ ~ ~ ~P ; ~ _~~~. ~s ' ~. .~ _` OCT 0 i 2D03 ~ JERRY A. MATTERN, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO. 01-4222 GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL INSTITUTE DEFENDANTS JURY TRIAL DEMANDED ORDER AND NOW, this day of ~~""~ , - 2Q6~3, '~po~} c~ consideration of Defendants' Petition for Status Conference, and any respo~s~ thereto, :, it is hereby ORDERED and DECREED that a status conference is sched'y~d,for-tie - =ri ~= _~ Id day of ~G~ ~ 2003 ~ `~' ~~' ~.: fl ~ -~ a.m. in Courtroom No. ~_. f ~L E COPY BY THE COURT: JERRY A. MATTERN, SR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAINTIFF CIVIL ACTION-LAW NO. 01-4222 GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL JURY TRIAL DEMANDED INSTITUTE DEFENDANTS PROPOSED SCHEDULING ORDER The following case management deadlines are hereby imposed: 1. Plaintiff shall produce her expert report(s) no later than December 1, 2003. 2. Defendants shall produce their expert report(s) no later than February 1, 2004. 3. Any and all diapositive motions shall be filed no later than April 30, 2004. 4. This matter shall be tried in the civil trial term of June 28, 2004 with a pretrial conference to be scheduled associated with that trial term. SO ORDERED: J. THOMAS, THOMAS & HAFER, LLP By: Daniel L. Grill, Esquire Identification No. 65339 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7115 Attorney for Defendants JERRY A. MATTERN, SR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PLAINTIFF GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL INSTITUTE DEFENDANTS CIVIL ACTION-LAW NO. 01-4222 JURY TRIAL DEMANDED PETITION FOR STATUS CONFERENCE AND NOW comes Defendants Gregory S. Keagy, D.O. and Cardiovascular Surgical Institute, by and through their counsel, Thomas, Thomas & Hafer, LLP, and hereby requests this Honorable to schedule a status conference in order to establish deadlines and otherwise aid in bringing the instant case to resolution, and in support for said request, avers as follows: 1, The Complaint in this medical malpractice case was filed on or about Ju{y 11, 2001. See Exhibit "A". 2. Defendants' Answer with New Matter was filed on or about October 15, 2001. 3. The parties have engaged in "paper" discovery including the exchange of Interrogatories and Requests for Production of Documents. 4. The parties have completed numerous depositions including most, if not all, of the depositions of the parties, their alleged agents, etc. WHEREFORE, Defendants respectfully request that this Honorable Court schedule a status conference for the purpose of establishing a discovery deadline, a deadline for exchange of expert reports, a deadline for dispositive motions, a pretrial conference date and a trial date. Respectfully submitted s TH MAS, OMAS & H ER, LLP 9 J By: Daniel L. Gril~Es~wire Identification Na-65339 Attorney for Defendant JERRY A. MATTERN, SR. PLAINTIFF GREGORY S. KEAGY, D.O., and . CAPITAL AREA CARDIOVASCULAR INSTITUTE DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO. 01-4222 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ashleigh E. Oates, hereby certify that I have served a true and correct copy of the foregoing document on the following person by~yplacing same in the United States mail, postage prepaid, on the ~ day 1 ~, 2003: Stephen R. Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, FA 17011 Attorney for Plaintiff Catherine M. Mahady-Smith, Esquire 3115 A North Front Street Harrisburg, PA 171.10 THOMAS, THOMAS & HAFER, LLP Byt~'l-~.' ~ ~ Q ~~~~-'~~ Ashleigh E~ ates 1 JERRY A. MATTERN, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL INSTITUTE, Defendants CIVIL ACTION - LAW No. 01-4222 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of November, 2003, upon consideration of Defendants' Petition for Status Conference, and following a status conference held in the chambers of the undersigned judge in which Plaintiff was represented by Stephen R. Pedersen, Esquire, and Catherine M. Mahady-Smith, Esquire, and Defendants Gregory S. Keagy, D.O and Cardiovascular Surgical. Institute were represented by Daniel L. Grill, Esquire (Harrisburg Hospital and Pinnacle Health having been dismissed from the case), and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. Plaintiff shall produce his expert report(s) no later than January 15, 2004; 2. Defendants shall produce their expert report(s) no later than March 15, 2004; 3. Plaintiff shall produce any rebuttal expert report(s) no later than April 15, 2004; 4. Any and all dispositive motions shall be s~~ r ~tf i~ '', ~if~ I,;SCMN ~~~1~~'J liht`lr r L ~~ j~~ ~ 'iA jell ~.:: t\~ 11` ~-~ ~ _ filed no later than May 15, 2004; 5. Counsel shall, in the absence of an unresolved diapositive motion, list this case for trial during the civil trial term commencing July 12, 2004; and 6. Pursuant to an agreement of counsel, all counsel are attached for trial during the said trial term. By the Court, ~tephen R. Pedersen, E Catherine M. Mahady-Smith, Esquire For the Plaintiff c~Daniel L. Grill, Esquire For the Defendants wcy :,Ah!r'1~Pwa ~rzi~zm .~ JERRY A. MATTERN, SR., PLAINTIFF, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO.OI-4222 GREGORY S. KEAGY, D.O., and CARDIOVASCULAR SURGICAL INSTITUTE, DEFENDANTS. JURY TRIAL DEMANDED PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Plaintiff, by and through undersigned counsel, hereby voluntarily dismisses the above- captioned matter, with prejudice. Respectfully submitted, DATE: / 9/~ Stephen .Pedersen, Esq. <.~,~ 4. CERTIFICATE OF SERVICE And now, this ~ day of ~, 2004, I, Carleen S. Jensen, do hereby certify that I have, this date, served a true and correct copy of the within PRAECIPE TO DISNIISS WITH PREJUDICE upon each of the attorneys of record at the following address(es) by sending same in the United States mail: Daniei L. Grill, Esq. Thomas Thomas & Hafer 305 N. Front Street P 0 Box 999 Harrisburg, PA 17108-0999 (Counsel for Defendants Gregory S. Keagy & Cardiovascular Surg. Inst.) Catherine Mahady-Smith, Esq. 3115 N. Front Street Harrisburg, PA 17110 (Co-Counsel for Plaintiff) DATE: /-9i0 Carlee~S. Jensen ~~ Assistant to Stephen R. Pedersen, Esquire 214 Senate Avenue Suite 602 Camp Hill, PA 17011 (717) 763-1170 I. D. No. 72026 Co-Counsel for Plaintiff 'T7 ~ ~ Cv ,. 0 N f