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Home My WebLink About03-2500KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate Of Everett Sturdevant and Colleen Wrightson In her own right 214 Putter's Circle Dillsburg, PA 17019 and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation 2716 Old Gettysburg Road Mechanicsburg, PA 17055 and Select Specialty Hospital - Camp Hill 503 North 21 st Street Camp Hill, PA 17011 and Holy Spirit Health System d/b/a Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 NOTICE COMPLAINT IN TRESPASS You have been .ued in aourt, ff you wi.it m deren= ng. inst the claims ~t forl~ in the following peg~, you muir t~ke action Mthln twenty (20) d~y~ ~fter thb oompl~int IrKI noti~ ~m ,~r~ed. by entering a vwitten tlly or by ,ttorney ;nd filing in w'iting with the court your def~n,,~ or ol~lgtlom to the cl~irm ,et forth ng~in~t you. You ,r~ turned that if you f,II to do ,o the .~m mw pro- aced without you ,nd · Judgment may be entered ngaimt you by ~ aourt without further notice for any mon.y dMm.d In thl' ~mplllnt or for any other cl.lm or relief qul~tld by the plaintiff. You may Iota money or property or oth.r rlght~ Important to yo~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN- NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUTWHERE YOU CAN GET LEGAL HELP. AVI~O LI hln dlmlnd~do · u~d ~n I~ ~. ~l u~ qui~re d~ ~ de ~ d~ ixp~ in I~ p~lnm iigule~ ~, ~ ~ ~ (20) d~ de plezo de le d~l y ~ ~n. H~ f~ ~n~ una ~m- ~ll ~ o ~ ~ o ~n un ~o y dw~M ~ ~ de ~ ~ ~o N dMe, Il ~ ~WMM y pu~e ~ntBnulr. la wi ~ ~ ~ Mn ~ M ~ ~e d~ir I f~r del dw~lnN y ~u~ que uW WM ~n ~M IM p~MonM de ~ d~l. Im~ W W. LLEVE E~A DEM~DA A UN ABOGADO INMEDIATA- MENTE. 81 NO TIENE ABOGADO O 81 NO TIENE EL DIN- CUYA DIRE~ION 8E ENCUE~RA ~CRITA AB~O PA~ AVERIGUAR ~NDE 8E PUEDE CONSEGUIR ~I~ENCIA KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate Of Everett Sturdevant and Colleen Wrightson In her own right 214 Putter's Circle Dillsburg, PA 17019 and Helen Sturdevant by Colleen Wrightson under Power of Attorney Vo Select Medical Corporation 2716 Old Gettysburg Road Mechanicsburg, PA 17055 and Select Specialty Hospital - Camp Hill 503 North 21st Street Camp Hill, PA 17011 and Holy Spirit Health System d/b/a Holy Spirit Hospital 503 North 21 ~t Street Camp Hill, PA 17011 COMPLAINT IN TRESPASS PARTIES Colleen Wrightson is an individual residing at 214 Putter's Circle, Dillsburg, Pennsylvania, 17019 who has been appointed the Administratrix of the estate of Everett Sturdevant deceased, her father, by the Register of Wills for York County on December 13, 2002. 2. Helen Studervant is an individual who resides at 153 Logan Road, Suite 131, Dillsburg, Pennsylvania, 17019. o This action has been brought on behalf of Helen Sturdevant by Colleen Wrightson, her daughter, pursuant to a Power of Attorney granted her by her mother Helen Sturdevant. Defendam Select Medical System ("Select Medical") is an operator of long- term acme care hospitals in the United States with a principal place of business at 2716 Old Gettysburg Road, Mechanicsburg, PA 17055. Plaintiffs are asserting professional liability claims against this defendant. Holy Spirit Health System ("Holy Spirit") is a corporation that owns and operates a hospital located at 503 North 21st Street, Camp Hill, PA 17011 which at all times relevant hereto conducted business at that location as Holy Spirit Hospital. Plaintiffs are asserting professional liability claims against this defendant. Select Specialty Hospital - Camp Hill ("SSH") is a sub-acute hospital facility also operating at 503 North 21st Street, Camp Hill, PA 17011. Plaintiffs are asserting professional liability claims against this defendam. o Plaintiffs believe and therefore aver that at all times relevant hereto SSH and Holy Spirit had entered into agreements then in effect, the full nature and extent of which are not known by them, for the operation, control and management of SSH. ° Plaintiffs do not at present know whether or not at the times relevant hereto Select Medical simply conducted business as SSH at 503 North 21 st Street, Camp Hill, PA 17011 or if SSH is a separate and distinct entity owned by Select Medical solely or in partnership with Holy Spirit was in existence. Plaintiffs have been constrained, therefore, to initiate legal action against both Select Medical and SSH separately subject to modifications by stipulation of the caption and parties to this matter if appropriate. 10. At all times relevant hereto those persons who undertook to and rendered medical, nursing, health related and custodial services to decedent Everett Sturdevant at SSH-Camp Hill acted as agents, servants and/or employees of the each and all of defendants herein who are liable for their actions and/or inactions based upon principles of agency, respondeat superior and vicarious liability. FACTS 11. Everett Sturdevant ("decedent") was born on January 19, 1923 and was married to Helen Sturdevant in Elkton, Maryland on December, 18, 1943. 12. Prior to September 20, 2002 decedent lived at the Outlook Pointe Assisted Living facility in Dillsburg, Pennsylvania with his wife. 13. On September 20, 2002 he was admitted to Holy Spirit for treatment of an infected ulcer of his right foot. 14. Decedent's prior medical history at that time included a left below-the-knee amputation, diabetes, high blood pressure, peripheral vascular disease, a seizure disorder and early dementia. 15. On or about September 26, 2002 decedent was transferred from the Holy Spirit portion of defendants' facility to the SSH-Camp Hill section so as to receive two weeks of antibiotics and physical therapy on his right foot. 16. After his admission to SSH-Camp Hill, however, he began to become confused and disoriented. 17. Defendants, by their agents, servants and/or employees attempted to intervene in this process, to diagnose any underlying causes, to treat those mental and physical conditions contributing thereto and to restore adequate safety awareness to decedent. 18. Despite the foregoing, decedent remained intermittently disoriented, confused and limited in his own safety awareness. 19. During, after and despite the foregoing attempts to intervene, decedent's confusion, disorientation and lack of safety awareness did not fully resolve but rather continued to wax and wane. 20. Following the failure to substantially, reliably and enduringly improve decedent's aforementioned problems via psychiatric consults, neurological consults, and medications defendants' staff obtained medical orders for the application of multiple restraints to decedent including ankle restraints, "posy" restraints, wrist restraints and others upon him while in his bed, in a chair and in a wheel chair so as to prevent him from harming himself. 21. Despite the other treatments as well as the presence of restraints, decedent continued to get out of and move around in bed, move off of chairs and in wheelchairs without any supervision or direction thereby placing his safety and himself at risk of harm. 22. On or about October 16, 2002 defendants and their agents, servants and/or employees knew that decedent continued to suffer from dementia, confusion and lack of safety awareness and was continued to frequently attempt to free himself from or move around with the restraints ordered and applied by them. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. On or about October 16, 2002 at approximately 5:00 PM defendants and their agents, servants and employees placed decedent in a wheelchair, strapped him into it with restraints and left him at or near the nurses station. After leaving decedent at or near the nurses station defendants and their agents, servants and employees failed to monitor, supervise or observe decedent. After leaving decedent at or near the nurses station and in the vicinity of a stairwell on or about October 16, 2002, defendants' employees did not supervise, monitor, observe or otherwise protect decedent who, while belted into an unlocked wheel chair and was left at or near an unlocked, unalarmed door leading directly down a stair well. It is further believed and therefore averred that defendants agents, servants and/or employees failed at that time to lock decedent's wheelchair so as to prevent it from rolling and also failed to close and lock stairwell doors in the area near the nurses station. At sometime after 5:00PM decedent moved his wheelchair into the stairwell and then rolled, fell and/or plummeted down the stairwell still strapped in the wheelchair. Decedent was found at approximately 5:20 PM by defendant's agents, servants and/or employees at the bottom of a stairwell with the wheelchair resting on top of him. After being helped out from under his wheelchair at the bottom of the steps, decedent lost consciousness. As a result of rolling down the steps, decedent struck his head multiple times and suffered traumatic injuries to his skull, brain and other parts of his body. As a result of this trauma and the injuries sustained, decedent developed vomiting, increased seizure activity, hypotension, bradycardia, encephalopathy, sepsis, mechanical dissociation syndrome, renal failure and, finally, he died all as a result of his falling down the steps as above averred. Prior to his death, after the aforementioned fall and during his hospitalization for resulting injuries, decedent suffered unnecessary and avoidable pain, humiliation, emotional distress, loss of life's pleasures and other non-economic damages as substantial, direct and/or proximate results of the negligence and deviations from standards of care by each of the defendants solely, jointly and/or severally. The negligence and deviations from standards of care set forth herein by each of the defendants solely, jointly and/or severally caused the death, suffering and harm to decedent and/or increased the risk of such death, suffering and harm to the decedent which in fact ultimately occurred. DIRECT NEGLIGENCE OF SELECT MEDICAL SYSTEMS, SELECT MEDICAL - CAMP HILL AND HOLY SPIRIT HEALTH SYSTEM 34. Plaintiffs incorporate by reference the allegations contained in the foregoing paragraphs one through thirty-three as if same were more fully set forth below. 35. At all times relevant hereto defendants, as institutional health care providers, breached their direct duties to plaintiffs in that they: Failed to adequately staff, train and supervise their facility and employees so that they would be capable of safely monitoring, observing, intervening, protecting and decedent so as to prevent him from moving his wheelchair into a stairwell and rolling down the stairs to his death; and Failed to select and retain competent and qualified physicians and staff capable of monitoring, observing, intervening, protecting and decedent so as to prevent him from moving his wheelchair into a stairwell and rolling down the stairs to his death; and Failed to supervise, control and oversee those persons practicing medicine within it's facilities so as to ensure that treatment and supervision of decedent was consistent with accepted standards of care which failure to do so is described herein; and do Failed to formulate, adopt and enforce adequate rules and policies in order to ensure a reasonable and acceptable quality of care, treatment and supervision of decedent adequate for monitoring, observing, intervening, protecting and decedent so as to prevent him from moving his wheelchair into a stairwell and rolling down the stairs to his death. Violated applicable rules, regulations and laws governing the use of restraints including 42 C.F.R. 482.13(e) and thereby unlawfully restraining decedent during his hospitalization. 36. As a direct and proximate result of the foregoing decedent fell down defendants' stairway, striking his head and sustaining injuries as aforesaid that resulted in his death. VICARIOUS LIABILITY OF SELECT MEDICAL SYSTEMS, SELECT MEDICAL - CAMP HILL AND HOLY SPIRIT HEALTH SYSTEM 37. Plaintiffs incorporate by reference the allegations contained in the foregoing paragraphs one through thirty-six as if same were more fully set forth below. 38. At all times relevant hereto those persons who undertook to and rendered medical, nursing, health related and custodial services to decedent Everett Sturdevant at SSH-Camp Hill acted as agents, servants and/or employees of the each and all of defendants herein who are liable for their actions and/or inactions based upon principles of agency, respondeat superior and vicarious liability. 39. The negligence of the defendants to this action by their agents, servants and employees consisted of the following: ao Failing to observe and supervise decedent as he maneuvered his wheelchair, in which he was restrained, towards an open and unlocked stairwell and stairs down which he ultimately fell; and b. Failing to provide decedent a safe environment at their facility by allowing him access to an unlocked, open and dangerous stairway; and Failing to ensure adequate numbers of staff were available to supervise, observe and protect decedent and other persons admitted to defendants' facility; and d. Restraining decedent for the convenience of the staff and not for an adequate or reasonable medical or nursing necessity; and e. Violation of federal regulations and standards of care pertaining to the use of restraints in that they: i. Failed to select the least restrictive measure effective to protect decedent from harm; and ii. Failed to provide an adequate modification of decedent's plan of care; iii. Failed to implement restraints in decedent's care in the least restrictive manner possible and in accordance with safe and appropriate restraining techniques; and iv. Failed to end the use of restraints upon decedent at the earliest possible time; and v. Failed to continually assess, monitor and reevaluate the use of restraints upon decedent; and vi. Failed to ensure that all staff in direct contact with decedent had ongoing education and training in the proper and safe use of restraints. 40. As a direct and proximate result of the foregoing decedent fell down defendants' stairway, striking his head and sustaining injuries as aforesaid that resulted in his death. COUNT ONE - WRONGFUL DEATH 41. Plaintiffs incorporate by reference the allegations contained in the foregoing paragraphs one through forty as if same were more fully set forth below. 42. At the time of his death the decedent was survived by his wife, Helen Sturdevant being entitled to recover damages for his death under Pennsylvania law. 43. The plaintiffs are entitled to be awarded an amount 'that will cover all hospital, medical, funeral, burial, and estate administration expenses incurred. 44. By reason of the decedent's death, the plaintiff Helen Sturdevant furthermore suffered pecuniary losses and is entitled to compensation for the monetary value of the services, society, and comfort that decedent would have given to her had he lived, including the provision of physical comforts and services, and provision of society and comfort as well as the loss of any contributions she would have received from the time of the death of the decedent during her lifetime. 45. The decedent did not bring an action for his personal injuries during his lifetime and no other action for the death of the decedent has been commenced against the defendants. WHERE. FORE, the plaintiffs demand judgment against the defendants, jointly and/or severally, in an amount in excess of Fifty Thousand ($50,000.00) Dollars. COUNT TWO - SURVIVAL ACTION 46. Plaintiffs incorporate by reference the allegations contained in the foregoing paragraphs one through forty-five as if same were more fully set forth below. 47. Plaintiff, Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant, deceased, also brings this action on behalf of the estate under and by virtue of the Probate, Estate and Fiduciary Code, 20 Pa. C.S. Section 3373, and 42 Pa. C.S. Section 8302. 48. Plaintiff claims on behalf of the estate the damages suffered by said estate by reason of the death of the decedent including net loss of pensions, social security, disability and retirement benefits during his life expectancy as well as damages for the pain and suffering the decedent underwent prior to his death. WHEREFORE, the plaintiffs, demands judgment against the defendants, jointly and severally in a sum in excess of Fifty Thousand Dollars ($50,000.00). COUNT THREE -HELEN STUREVANT BY COLLEEN WRIGHTSON V. SELECT MEDICAL CORPORATION, ET AL. LOSS OF CONSORTIUM CLAIM 49. The averments of paragraphs one through forty-eight are incorporated herein as if set forth at length below. 50. The wife plaintiff Helen Sturdevant was the wife of the Plaintiff,s Decedent, Everett Sturdevant. 51. As a result of the aforesaid negligence of the defendants and the injuries sustained by the Plaintiff's Decedent, Everett Sturdevant (Deceased), plaintiff Helen Studevant, his wife, has lost the society, comfort, care and consortium of her husband and brings her claim therefor by Colleen Wrightson under a durable power of attorney. WHEREFORE, the wife plaintiff, Helen Sturdevant by Colleen Wrightson, demands judgment against the defendants, in a sum in excess of Fifty Thousand Dollars ($50,000.00). KA~STE1N & KARDON, P.C. MARTIN S. KARDON, ESQUIRE Attorney for Plaintiffs AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA · 'SS COUNTY OF PHILADELPHIA · Colleen Wrightson, being duly sworn according to law, deposes and says that she is a Plaintiff and Administratrix of the Estate in the above entitled case, and that the facts set forth in the foregoing Complaint are tree and correct to the best of her knowledge, information and belief. Sworn to and Subscribed befo_re~r~,.e .this/~?q~ day of ~ ' ,20~. Notarial ~ I Eric D. Witmer, Notary Public Meml3er, Pennsy~n a .~-"~atlon of Notanes Colleen Wrightson ,~5 as Administratrix of the Estate of Everettt Sturdevant COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (2t5) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate Of Everett Sturdevant and Colleen Wrightson In her own right 214 Putter's Circle Dillsburg, PA 17019 and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation 2716 Old Gettysburg Road Mechanicsburg, PA 17055 and Select Specialty Hospital - Camp Hill 503 North 21st Street Camp Hill, PA 17011 and Holy Spirit Health System d/b/a Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 CERTIFICATE OF MERIT I, Martin S. Kardon, Esquire, attorney for plaintiffs in the above-captioned matter hereby certify that: 1. The claim against Select Specialty Hospital, has been reviewed by an appropriate licensed professional. 2. This professional has supplied me with a written statement that there exists a reasonable probability that the care, skill and/or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the Complaint filed in the herein matter fell outside acceptable professional standards. 3. Said professional has furthermore indicated in writing that the conduct of said defendant was a cause in britt the harm to the plaintiff/subject of the herein litigation. KARDON MARTIN S. KARDON, ESQUIRE COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Colleen Wrightson, Administratrix of the Estate Attorney for Plaintiffs Of Everett Sturdevant and Colleen Wrightson In her own right 214 Putter's Circle Dillsburg, PA 17019 and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation 2716 Old Gettysburg Road Mechanicsburg, PA 17055 and Select Specialty Hospital - Camp Hill 503 North 21st Street Camp Hill, PA 17011 and Holy Spirit Health System d/b/a Holy Spirit Hospital 503 North 21~t Street Camp Hill, PA 17011 CERTIFICATE OF MERIT I, Martin S. Kardon, Esquire, attorney for plaintiffs in the above-captioned matter hereby certify that: 1. The claim against Select Medical Corporation, has been reviewed by an appropriate licensed professional. 2. This professional has supplied me with a written statement that there exists a reasonable probability that the care, skill and/or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the Complaint filed in the herein matter fell outside acceptable professional standards. 3. Said professional has fitrthermore indicated in writing that the conduct of said defendant was a cause in bringing about the harm to the plaintiff/subject of the herein litigation. COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate Of Everett Sturdevant and Colleen Wrightson In her own right 214 Putter's Circle Dillsburg, PA 17019 and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation 2716 Old Gettysburg Road Mechanicsburg, PA 17055 and Select Specialty Hospital - Camp Hill 503 North 21st Street Camp Hill, PA 17011 and Holy Spirit Health System d/b/a Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 CERTIFICATE OF MERIT I, Martin S. Kardon, Esquire, attorney for plaintiffs in the above-captioned matter hereby certify that: 1. The claim against Holy Spirit Health System, has been reviewed by an appropriate licensed professional. 2. The claim that this defendant deviated from acceptable professional standards is based solely upon allegations that other licensed professionals, namely Select Specialty Hospital - Camp Hill and Select Medical Corporation and their agents, servants and employees, for whom Holy Spirit Health System is responsible, deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint fell outside acceptable professional standards. 3. Said professional has furthermore indicated in writing that the aforementioned conduct was a cause in bringing about the harm to the plaintiff/subject of the herein litigation. ERNSTEIN & K~~ ON MA]RTIN S. KARDON, ESQUIRE COLLEEN WRIGHTSON, Administratorof the Estate of Everett Sturdevant and COLLEEN WRIGHTSON, in her own right and HELEN STURDEVANT, by Colleen Wrightson under Power of Attorney, Plaintiffs Vo SELECT MEDICAL CORPORATION; SELECT SPECIALTY HOSPITAL ~ CAMP HILL, INC.; and HOLY SPIPdT HEALTH SYSTEM, cl/b/a HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 03-2500 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT HOLY SPIRIT SYSTEM, D/B/A HOLY SPIRIT HOSPITAL TO PLAINTIFFS' COMPLAINT AND NOW, comes the defendant, Holy Spirit Health System, d/b/a Holy Spirit Hospital, more properly referred to as Holy Spirit Hospital of the Sisters of Christian Charity, by its attorneys, Mette, Evans & Woodside, P.C., who answer plaintiffs' Complaint, with New Matter, as follows: 1. After a reasonable investigation, defendant Holy Spirit Health System, d/b/a Holy Spirit Hospital, more properly referred to as Holy Spirit Hospital of the Sisters of Christian Charity, hereinafter referred to as "Hospital" is without information or knowledge sufficient to form a belief as to the truth of the averments of the averments of the corresponding paragraph of plaintiffs' Complaint, the same are therefore denied and strict proof, if relevant, is demanded at the time of trial. 2.-3. Denied for reasons set forth in paragraph 1. 4. Denied as stated. Rather, it is believed that Select Medical (Corporation) is a Delaware corporation with principal offices located at 4716 Old Gettysburg Road, Mechanicsburg, Pennsylvania 17055-2034. The balance of the averments of the corresponding paragraph of plaintiffs' Complaint contain conclusions of law to which no answer is required. 5. Admitted, except that the Hospital is more properly referred to as Holy Spirit Hospital of the Sisters of Christian Charity. 6. Denied as stated. Select Specialty Hospital - Camp Hill, Inc. is a Delaware corporation which leases certain premises from Holy Spirit Hospital of the Sisters of Christian Charity on which it has established and operates a long term care hospital and related facilities. The balance of the averments of the corresponding paragraph of plaintiffs' Complaint are conclusions of law to which no answer is required. 7. Denied as stated. It is admitted that Select Specialty Hospital ~ Camp Hill, Inc.; Select Specialty Hospital - Camp Hill, LLP; and Holy Spirit Hospital of the Sisters of Christian Charity had entered various agreements providing for the operation, control and management of a long term care hospital and related facilities by SSH, Inc. and/or SSH, LP within the general care acute hospital building operated by Holy Spirit Hospital for the Sisters of Christian Charity. 8.-9. Denied for reasons set forth in paragraph 1. 10. After reasonable investigation, Hospital is without information or knowledge sufficient to form a belief as to the identity of the persons who allegedly undertook to and rendered medical, nursing, health related, and custodial services to decedent Everett Sturdevant at SSH-Camp Hill, it is therefore unable to form a belief as to whether those persons were the agents, servants or employees, actual or ostensible, of Holy Spirit Hospital. By way of further 2 answer, it is averred that those persons who rendered medical, nursing, health related, and custodial se~wices to the decedent Everett Sturdevant at SSH-Camp Hill were the agents, servants or employees, actual or ostensible, of co-defendants including SSH-Camp Hill, Inc., SSH-Camp Hill, LP, and/or Select Medical System, Inc., hereinafter collectively referred to as the "co-defendants." FACTS 11.-12.Denied for reasons set forth in paragraph 1. 13. Admitted, according to Hospital's records. 14. Denied as stated. Hospital's records pertaining to Everett Sturdevant during the period September 20 through September 26, 2002 are incorporated by reference as though fully set forth. 15. Denied as stated. It is admitted, only, that, according to Hospital's records, Mr. Sturdevant was transferred from Hospital to co-defendants' leased premises on September 26, 2002. The balance of the averments of the complaint paragraph of plaintiffs Complaint are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 16-27. Denied pursuant to Pennsylvania Rule of CivilProcedure 1029(e) andparagraphs 1 and 10 herein. 28. Denied as stated. Rather, it is averred that Mr. Sturdevant was found in a stairwell by Hospital's security personnel who summoned co-defendanfs personnel. 29. Denied as stated. Rather, hospital's records are incorporated by reference as though fully set forth. 3 30. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Hospital's records are incorporated by reference as though fully set forth. 31. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Hospital's records are incorporated by reference as though fully set forth. 32. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Hospital's records are incorporated by reference as though fully set forth. 33. Denied pursuant to Pennsylvania Rule of CMl Procedure 1029(e) and paragraph 10. DIRECT NEGLIGENCE OF SELECT MEDICAL SYSTEMS, SELECT MEDICAL - CAMP I-IILL AND HOLY SPIRIT HEALTH SYSTEMS 34. The averments of paragraphs 1 through 33 are incorporated by reference as though fully set forth. 35-36. The averments of the corresponding paragraphs of plaintiff's Complaint refer to a defendant other than Hospital. Hospital has been advised that, under the circumstances, no answer is required from it. To the extent that the allegations apply to Hospital, the same are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e) and paragraphs 1-34 hereof. VICARIOUS LIABILITY OF SELECT MEDICAL SYSTEMS, SELECT MEDICAL-CAMP HILL AND HOLY SPIRIT I4-~A~LTH SYSTEM 37. The averments of paragraphs 1 through 36 arc incorporated by reference as though fully set forth. 38. Denied for reasons set forth in paragraph 10. 39-40. Denied for reasons set forth in paragraph 35. 4 COUNT ONE - WRONGFUL DEATH 41. The averments of paragraphs 1 through 40 are incorporated by reference as though fully set forth. 42-45. The corresponding paragraphs of plaintiffs' Complaint contain conclusions of law to which no answer is required. If an answer is deemed required, the same are denied for reasons set forth in paragraph I and pursuant to Pennsylvania Rule of Civil Procedure I029(e). WHEREFORE, defendant Holy Spirit Health System, d/b/a Holy Spirit Hospital demands that plaintiffs' Complaint be dismissed with costs to it. COUNT II - SURVIVAL ACTION 46. The averments of paragraphs 1 through 45 are incorporated by reference as though fully set forth. 47-48. Denied for reasons set forth in paragraph 42. WHEREFORE, defendant Holy Spirit Health System, d/b/a Holy Spirit Hospital demands that plaintiffs' Complaint be dismissed with costs to it. COUNT III - HELEN STURDEVANT BY COLLEEN WRIGHTSON V. SELECT MEDICAL CORPORATION, ET AL LOSS OF CONSORTIUM CLAIM 49. The avermcnts of paragraphs 1 through 48 are incorporated by reference as though fully set forth. 50. Denied for reasons set forth in paragraph 1. 51. Denied for reasons set forth in paragraphs 10 and 42. WHEREFORE, defendant Holy Spirit Health System, d/b/a Holy Spirit Hospital demands that plaintiffs' Complaint be dismissed with costs to it. 5 forth. NEW MATTER Hospital incorporates all averments of this Answer with New Matter as if fully set 2. Plaintiffs' Complaint fails to state a claim upon which relief can be granted against Hospital. 3. At no time relevant hereto was Hospital, its agents, servants, employees or otherwise acting for or on behalf of any other defendant in this action or any other natural person, partnership, corporation or other legal entity. 4. At no time relevant hereto was any other natural person, partnership, corporation or other legal entity acting or serving as an agent, servant, employee or otherwise for or on behalf of Hospital. 5. At all times relevant hereto Hospital complied with the applicable standard of care. 6. At all times relevant hereto Hospital acted within and followed the precepts of a respected school of thought and, accordingly, all professional conduct was fully commensurate with the applicable standard of care. Evidence at trial may establish two or more schools of thought applicable to the issues presented in this case. 7. Plaintiffs assumed the risk of injury and this action is therefore barred by the Doctrine of Assumption of Risk. 8. Hospital believes and therefore avers that evidence accumulated through discovery and provided at trial may establish plaintiff were contributorily or comparatively negligent, and in order to protect the record, answering defendant hereby pleads contributory and comparative negligence as an affirmative defense. 9. Hospital is entitled to relief and contribution in accordance with the Pennsylvania Comparative Negligence Act, 42 P.S. §7102 as amended by Senate Bill 1089, effective August 14, 2002. 10. In the event that it is determined that Hospital was negligent with regard to any of the allegations contained in, and with respect to plaintiffs' Complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than Hospital and over whom said Hospital had no control, right or responsibility and, therefore, answering defendant is not liable. 11. To the extent that the evidence may show that other persons, partnerships, corporations or other legal entities caused or contributed to the injuries or exacerbation of the pre-existing condition of Plaintiffs' decedent, then the conduct of the Hospital was not the legal cause of such conditions or injuries. 12. Any acts or omissions of Hospital alleged to constitute negligence were not substantial causes or factors contributing and the injuries and damages alleged in Plaintiffs' Complaint. 13. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of Hospital but rather were caused by pre-existing medical conditions and/or causes beyond the control of Hospital, and plaintiffs may not recover against them. 14. The acts or omissions of others, and not Hospital, constituted intervening and/or superseding causes of the injuries and/or damages alleged to have been sustained by Plaintiffs' decedent and Hospital cannot, therefore, pursuant to Pennsylvania law, be held liable for the alleged injuries to plaintiffs' decedent. 15. Plaintiffs' claims are barred by operation of the applicable statute of limitations, including 42 Pa. C.Sa~. §5524 and 40 P.S. §1301.605. 16. All claims that might have been asserted byPlaintiffs including claims for medical expenses are barred by operation of the applicable statute of limitations. 17. Plaintiffs' claims are limited and barred by Sections 103,602 and 606 of the Health Care Services Malpractice Act of 1974, 40 P.S. §1301, et seq,, as amended. 18. Plaintiffs' claims are limited and barred by the provisions of the Medical Care Availability and Reduction of Errors (MCARE) Act, 40 P.S. §1303.101, et. seq. 19. The damages alleged by Plaintiffs did not result from acts or omissions of Hospital, their agents, servants or employees, but, rather, from acts or omissions of other persons and/or entities over whom defendant had no control or right of control. 20. Defendant Hospital did not render any medical or surgical or professional services to plaintiff's decedent. Defendant Hospital is not and cannot be vicariously liable for the conduct of the co-defendants. Under the Pennsylvania Medical Practices Act of 1985, 63 P.S. §422.10, et seq., only an individual person may be licensed as a medical doctor to practice medicine and surgery. At no time hereto was Defendant Hospital licensed as a medical doctor or surgeon, and Defendant Hospital did not have the right to supervise, direct, or control the manner in which the co-defendants provided professional services to plaintiffs' decedent. 21. In the event it is ultimately determined that Defendant Hospital is liable to Plaintiffs, which finding is denied, under the Pennsylvania Professional Corporation Law, 15 7 Pa.C.SA. §2925(c), the professional corporation may be held liable only to the extent of its property. 22. Pa. R.C.P. 238 is unconstitutional on its face and as it may be applied in this case. 23. Hospital is entitled to and incorporates herein by reference the defenses contained in the Federal Health Care Quality Improvement Act, P.L. 99-660. 24. Plaintiffs' claims, the existence of which is specifically denied by Hospital, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer Chester Medical Center. 25. Hospital is entitled to and asserts all defenses available to it under the MCARE Act, Act 13 of 2002. 26. Hospital is entitled to and asserts all defenses available to it under the Fair Share Act, 42 Pa. C.S. §7102B. 27. Hospital demands trial by jury on all issues. By: Respef/~ ME,TI'E, CraigXA~. ~ lly submitted, ~5~ rO~DSIDE, P.C. 3401 North [Ftapnt Street PO Box 59! Harrisburg, 17110 717~232-5000 Attorneys for defendant Holy Spirit Health System, d/b/a Holy Spirit Hospital VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information and belief; to the extent that the content &the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. HOLY SPIRIT HOSPITAL Fr~chesca J. chamey~,R.N. ' U Director of Risk Management :208458 _1 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Martin S. Kardon, Esquire Kanter, Bernstein & Kardon, P.C. 1617 John F. Kennedy Blvd., Suite 1150 Philadelphia, PA 19103 William Sutton, Esquire Post & Schell 1800 John F. Kennedy Blvd., 19~ Floor Philadelphia, PA 19103 By: MEj OD..SIDE Date: June 20, 2003 :327861 _1 9 SHERIFF'S RETUR/q CASE NO: 2003-02500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WRIGHTSON COLLEEN ET AL VS SELECT MEDICAL CORPORATION ETA - REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon HOLY SPIRIT HEALTH SYSTEM DBA HOLY SPIRIT HOSPITAL DEFENDANT , at 1807:00 at 503 NORTH 21ST STREET CAMP HILL, PA 17011 MICHAEL WOOLUMS, SHIFT SUPER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, HOURS, on the 2nd day of June the by handing to ADULT IN CHARGE together with COMPLAINT & NOTICE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 72 ~ day of ~ A.D. Prothonotary So Answers: R. Thomas Kline 06/03/2003 KANTER BERNSTEIN KARDON By: D~puty Sheriff - POST & SCHELL, P.C. BY: WILLIAM F. SUTTON I.D. #23277 BY: CATHERINE A. ROTHENBERGER I.D. #89385 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103 PHONE: (215) 587-1000 COLLEEN WRIGHTSON, Administratrix of the ESTATE OF EVERETT STURDEVANT and COLLEEN WRIGHTSON, in her own right and HELEN STURDEVANT, by COLLEEN WRIGHTSON, under Power of Attorney Plaintiffs VS. SELECT MEDICAL CORPORATION; SELECT SPECIALTY HOSPITAL - CAMP HILL, 1NC. and HOLY SPIRIT HEALTH SYSTEM, d/b/a HOLY SPIRIT HOSPITAL Defendants ATTORNEY FOR DEFENDANTS SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL- CAMP HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.03-2500 ENTRY OF APPEARANCE Kindly enter my appearance as counsel for Defendants, Select Medical Corporation and Select Specialty Hospital-Camp Hill with regard to the above-captioned litigation. A jury of twelve (12) is hereby demanded. DATED: POST & SCHELL, P.C. BY WILLIANI F. SUTTON ATTY. FOR DEFT., SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL-CAMP HILL KANTER, BERNSTEIN & KARl)ON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own right and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital No: 03-2500 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT HOLY SPIRIT I-I~ALTH SYSTEM 1. - 26. The averments in paragraphs 1 through 26 of New Matter of Defendant, Holy Spirit Health System, are conclusions of law to which no response of pleading is required under Rules of Court and are, therefore, deemed denied. Date: & KARl)ON, P.C. MARTIN S. KARDON, ESQUIRE VERIFICATION MARTIN S. KARDON, ESQUIRE hereby states that he is the attorney for the plaintiffs in this action and verifies that the statements made in the foregoing Plaintiffs' Reply to Defendant, Holy Spirit Health System, New Matter are tree and correct to the best of his knowledge, information and beliefi He understands that the statements therein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities. IN S. KARl)ON, ESQUIRE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER 0F: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, 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 ~s identical to the subpoena which is attached to the notice of in'eh% %o serve the subpoena. DATE: 09/15/2003 A t t or ne yF ~ o SrU'TDET~FEN-~D~NSQ~.' ~ DEll-445277 2 1 1 6 4 --LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL NOTIC~ OF INT~fT TO SERVE A SUBPOENA TO PRODUCE ~S A~ COURT OF CO~0N PLEAS TERM, CASE NO: 03-2500 · r~ANGS FOR DISCOVERY PURSUANT TO RULE 4009.23 BALTIMORE VA MEDICAL CENTER JOHN D. GILPERT, D.P.M. SCOTT G. BARNES, D.O. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: CRAIG STONE, ESQ. MARTIN S. KARDON, ESQ. MCS on behalf of WILLIAM F. SUTTON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/26/2003 CC: WILLIAM P. SUTTON, ESQ. - 997-117111 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #80O PHILADELPHIA, PA 19103 (215) 246-0900 DE02-239646 21164--CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETT STURDEVANT : VS. SELECT SPECIALTY HOSPITAL- CAMP HILL, ET File No. 03-2500 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BALTIMORE VA ME_~R_ (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 800. Philadelnhia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight 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. TH/S SUBPOENA WAS ISSUED AT ~ REQUEST OF THE FOLLOWING PERSON: NAME: WILLIAM F. SUTTON, ESQ. ADDRESS: 1800 JFK BOULEVARD 19TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: joSEP 1 5 2003 Seal of the Court Prothonotary/Clerk, Ciwl I~iv~- Deputy 21164-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BALTIMORE VA MEDICAL CENTER 22 S. GREENE STREET BALTIMORE, MD 21201 RE: 21164 EVERETT STURDEVANT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records correspon~den? to, and from the .consulting and treating physicians, fries, memoranaa, nanawntten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic fon'n, relating to any examination, diagnosis or treaunent pertaining to: ~a~j.es Re. quested: up to and including the present. ect. EVERETTSTURDEVANT Social Security #: 192-14-0560 SU10-461456 2 1 1 6 4 --LO 1 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSO~ TO RULE 4009.22 IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, 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: 09/15/2003 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT DEll-445278 2 1 1 64 --LO 2 COMMONWEALTH OF PE~;NSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL NOTICE OF II~x~T TO SE~V~ A SUBPOENA TO PRODUCE DOCUMENTS AND · r~3_~ FOR DISC~JVF, RY P[~I~ TO R~_~ 4009.21 COURT OF COMMON PLEAS TERM, CASE N0: 03-2500 BALTIMORE VA MEDICAL CENTER JOHN D. GILFERT, D.P.M. SCOTT G. BARNES, D.O. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: MARTIN S. KARDON, ESQ. CRAIG STONE, ESQ. MCS on behalf of WILLIAM F. SUTTON,, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/26/2003 CC: WILLIAM P. S0'I"r0N, ESQ. - 997-117131 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEPENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #8OO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-239645 21164--CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETT STURDEVANT : VS. SELECT SPECIALTY HOSPITAL- CAMP HILL, ET : File No. 03-2500 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOHN D. GILFERT. D.P.M. (Name of Person or Entity) Within twenty (20) days at~er service of this subpoena, you are ordered by the court to produce the'following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun_ Inc.. 1601 Market Street. Suite 800_ Philadelnhia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days aRer 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: WILLIAM F. SUTTON. ESO. ADDRESS: 1800 JFK BOULEVARD 19TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ! 5 2 103 Seal of the Court BY THE COURT: Pr0t h-o~'aotary/C1 erk, Civil 21164-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN D. GILFERT, D.P.M. 3600 TRINDLE RD. CAMP HILL, PA 17011 RE: 21164 EVERETT STURDEVANT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical f'fle, including but not limited to any and all records correspondence to and from the consulting and treating physicians, fries, memoranda, handwritten notes, history and physical repons, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject :EVERETTSTURDEVANT Social Security #: 192-14-0560 SU10-461458 2 1 1 6 4 --LO 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, 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: 09/15/2003 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT DEll-445279 2 1 1 64 --LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, AL ET COURT OF COMMON PLEAS TERM, CASE NO: 03-2500 NOTICE OF I~T~zTT ~) SERVE A SIIBPOENA TO PRODUCE THINGS FOR DISCO%q~RY PURSO]%/TT TO RULE 4009.21 BALTIMORE VA MEDICAL CENTER JOHN D. GILFERT, D.P.M. SCOTT G. BARNES, D.0. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: MARTIN S. KARl)ON, ESQ. CP, AIG STONE, ESQ. MCS on behalf of WILLIAM F. SUTTON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/26/2003 CC: WILLIAM F. SuI'rON, ESQ. - 997-117131 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-239645 2 1164 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETF STURDEVANT : VS. SELECT SPECIALTY HOSPITAL- CAMP HILL, ET File No. 03-2500 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SCOTT G. BARNES. D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATFACHED RIDER **** at The MCS Groum Inc.. 1601 Market Street. Suite 800. Philadelvhia. 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 fight to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIlE FOLLOWING PERSON: NAME: WILLIAM F. SUTTON. ESO. ADDRESS: 1800 JFK BOULEVARD 19TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ZEP 1 5 20O3 Seal of the Court BY THE COURT: o onotary Clerk, Qivil Deputy (-, 21164-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCOTT G. BARNES, D.O. C/O DR. JOHN CONROY 50 N. 12TH ST UP LEV LEMOYNE,, PA 17043 RE: 21164 EVERETT STURDEVANT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical ~e, including but not limited to any and all records correspondence to and from the consulting and treating physicians, fries, memoranda, handwritten notes, history and physical reports, medicatiOn/ prescription records, including any and all such items as may be stored in a computer database or othep0vise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: EVERETTSTURDEVANT Social Security #: 192-14-0560 SU10-461460 2 1 1 6 4 --LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, 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 tine 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 serv,~ the subpoena. DATE: 10/20/2003 Attorney for DEFENDANT DEll-451451 2 1 1 6 4 --LO >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED OUTLOOK POINTE ~ DILLSBURG DEPARTMENT OF PUBLIC WELFARE MEDICAID DRS. YORKGITIS & GRIEMEISEN DEBRA BOSEINSKI, D.O. MEDICAL RECORDS OTHER INSURANCE MEDICAL RECORDS MEDICAL RECORDS DE02-243235 21164--C0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETT STURDEVANT : : File No. 03-2500 VS. ~ SELECT SPECIALTY HOSPITAL- CAMP HILL, ET : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for OUTLOOK POINTE ~ DILLSBURG (Name of Person or Entity) Within twenty (20) days atter service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grouv. Inc.. 1601 Market Street. Suite 800. Philadelohia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togethe with the certificate of compliance, to the party making this request at the address listed above. You have the fig~ 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 servic~ 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: WILLIAM F. SUTTON, ESQ. ADDRESS: 1600 JFK BOULEVARD 13TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (217) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: D0fon0on~ Date: Seal of the Court BY THE; COURT: Pr~tfi'onotarY/clerkl ~iv'l] Divi~ 21164-0¢ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: OUTLOOK POINTE @ DILLSBURG 153 LOGAN ROAD DILLSBURG, PA 17019 RE: 21164 EVERETT STURDEVANT INCLUDING ANY AND ALL ADDITIONAL FILES THAT TttE COMMUNITY WOULD HAV KEPT ON SUBJECT. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical repons, medication/ prescription records, including any and all such items as may be :5tored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: EVERETT STURDEVANT Social Security #: 192-14-0560 flUlO-466370 2 1 1 64 --LO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attac{~ed thereto was mailed or delivered to each party at l~ast twent>, days prior to the date on which the subpoena is soug~t to be served, (2) A copy of the notice of intent, including the proposed subp~>ena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2003 MCS on behalf of WILLIA~i F. SUTTON, ESQ. Attorney for DEFENDANT DEll-451452 2 1 16zt --LO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN TEE MATTER OF: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, AL ET COURT OF COMMON PLEAS TERM, CASE N0: 03-2500 NOTICE OF I~1'~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AITD THINGS FOR DISCO%/~Y PUl{SI/ANT TO RILE 4009.21 [ Note: see enclosed list of locations ] TO: MARTIN S. KARDON, ESQ. CRAIG STONE, ESQ. MCS on behalf of WILLIAM F. SUTTON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/29/2003 CC: WILLIAM F. SUTTON, ESQ. - 997-117131 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-243235 21164 --CO LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED OUTLOOK POINTE ~ DILLSBURG DEPARTMENT OF PUBLIC WELFARE MEDICAID DRS. YORKGITIS & GRIENEISEN DEBRA BOSHINSKI, D.O. MEDICAL RECORDS OTHER INSURANCE MEDICAL RECORDS MEDICAL RECORDS D]g02-243235 2 1164 --C0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETT STURDEVANT : VS. SELECT SPECIALTY HOSPITAL- CAMP HILL, ET : File No. 03-2500 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DEPARTMENT OF PUBLIC WELFARE (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 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togetb with the certificate of compliance, to the party making this request at the address listed above. You have the rig] 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 aRer its servic 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: WILLIAM F. SUTTON, ESQ. ADDRESS: 1600 JFK BOULEVARD 13TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: /') Prothonotary/Clerk, Civil ~)ivisi~ Dep~y -- f 21164-~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DEPARTMENT OF PUBLIC WELFARE COMMONWEALTH OF PA PO BOX 11874 HARRISBURG, PA 17108 RE: 21164 EVERETT STURDEVANT ANY AND ALL RECORDS. Subject: EVERETT STURDEVANT Social Security #: 192-14-0560 SU10-466500 2 1164--L0 CERTIFICATE PREREQUISITE TO SERVICE OF A S~POENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ESTATE 0F EVERETT STURDEVANT COURT OF C0MMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, 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, includin~ the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2003 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT DEll-451453 2 1 1 64 --LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBE~LAND IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL NOTICE OF /_NT~Z~T TO SERVE A SUBPOENA TO PRODUCE COURT OF COMMON PLEAS TERM, CASE NO: 03-2500 THINGS FOR DISCO%/i~KY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MARTIN S. KARDON, ESQ. CRAIG STONE, ESQ. MCS on behalf of WILLIAM F. SUTTON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/29/2003 CC: WILLIAM F. SUTTON, ESQ. - 997-117131 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #8O0 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-243235 2 1 164 --CO >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED OUTLOOK POINTE ~ DILLSBURG DEPARTMENT OF PUBLIC WELFARE MEDICAID DRS. YORKGITIS & GRIENEISEN DEBRA BOSHINSKI, D.O. MEDICAL RECORDS OTHER INSURANCE MEDICAL RECORDS MEDICAL RECORDS DIZ02-243235 21164 --CO COMMoNwEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETT STURDEVANT : VS. : SELECT SPECIALTY HOSPITAL- CAMP HILL, ET File No. 03-2500 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ... MEDICAID (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 800. Philadelr~hia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togethe with the certiftcate of compliance, to the party making this request at the address listed above. You have the rigt 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 servic~ 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: WILLIAM F. SUTTON. ESO. ADDRESS: 1600 JFK BOULEVARD 13TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (215'1 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COpUla. T: /Q Prothonotary/Clerk, Civil DixOn Deputy t 21164-C EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MEDICAID 1400 SPRING GARDEN STREET ROOM 605 PHILADELPHIA, PA 19130 RE: 21164 EVERETT STURDEVANT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP fries, including but not linaited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee ,-md. reasons for payments, including any and all such items as may be stored Jn a computer database or otherwise in electrortic form, pertaining to: Dates Requested: up to and including the present. Subject: EVERETT STURDEVANT Social Security #: 192-14-0560 SU10-466502 2 1 1 6 4 --LO 6 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf WILLIAM F. SUTTON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was ~ailed or delivered to each party at least twenty days prior to ~he date on which the subpoena is sought to be served, (2) A copy of the notice Df intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2003 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT DEll-451454 2 1 1 6 4 --LO' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, AL ET COURT OF COMMON PLEAS TERM, CASE NO: 03-2500 NOTICE OF I~T~ TO S]~-E A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCO¥~KY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: MARTIN S. KARDON, ESQ. CRAIG STONE, ESQ. MCS on behalf of WILLIAM F. SUTTON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/29/2003 CC: WILLIAM F. SUTTON, ESQ. MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-243235 21164--CO LOCATION LIST <<¢ PAGE: 1 LOCATION NAME RECORDS REQUESTED OUTLOOK POINTE ~ DILLSBURG DEPARTMENT OF PUBLIC WELFARE MEDICAID DRS. YORKGITIS & GRIENEISEN DEBRA BOSHINSKI, D.O. MEDICAL RECORDS OTRER INSURANCE MEDICAL RECORDS MEDICAL RECORDS DE02-243235 2 1164 --C0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETT STURDEVANT : : File No. 03-2500 VS. SELECT SPECIALTY HOSPITAL- CAMP HILL, ET : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DRS. YORKGITIS & GRIENEISEN (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 Thg MCS Grou~. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togeth~ with the certiftcate of compliance, to the party making this request at the address listed above. You have the rigl 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 servic 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: WILLIAM F. SUTTON, ESQ, ADDRESS: 1600 JFK BOULEVARD 13TH FLOOR pHII.ADELPHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT:_ Prothonotary/Clerk, CiviT Di-v~fi Deputy 21164-t EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DRS. YORKGITIS & GRIENEISEN 25 STATE AVENUE CARLISLE, PA 17013 RE: 21164 EVERETT STURDEVANT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, h~cluding but not limited to any and all records, correspondence to and from the consulting and treating physician.s, ~es, memoranda, handwr/tten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present, Subject: EVERETT STURDEVANT Social Security #: 192-14-0~60 SU10-466376 21164 --LO 7 CERTIFICATE PREREQUISITE TO SERVICE OF A S~POENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS - CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, ESQ. certifies that (~) A ~otice of intent to serve the subpoena with a copy of ._he subpoena at{~ached thereto was mailed or delivered to each party a~ least tv'~nty days prior to the date on which the subpoena is si~,u§ht to be sE ~ved, (2) A copy of the notice of intent, including the proposed s~bpoena, is at<~ached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2003 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT DEll-451455 2 1 1 6 4 --LO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL NOTICE OF ~ TO SERVE A SUBPOENA TO PRODUCE DOCUlW~%'TS ~ COURT OF COMMON PLEAS TERM, CASE NO: 03-2500 TT{TNGS FOR DISCO%/~KY PURSU2~ TO R]/~E 4009.21 [ Note: see enclosed list of locations ] TO: MARTIN S. KARDON, ESQ. CRAIG STONE, ESQ. MCS on behalf of WILLIAM F. SUTTON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/29/2003 CC: WILLIAM F. SUTTON, ESQ. - 997-117131 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-243235 2 1164 --CO >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED OUTLOOK POINTE ~ DILLSBURG DEPARTMENT OF PUBLIC WELFARE MEDICAID DRS. YORRGITIS & GRIENEISEN DEBRA BOSHINSKI, D.O. MEDICAL RECORDS OTHER INSURANCE MEDICAL RECORDS MEDICAL RECORDS DE02-243235 21164 --CO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETF STURDEVANT : VS. SELECT SPECIALTY HOSPITAL- CAMP HILL, ET : File No. 03-2500 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DEBRA BOSH1NSKI. D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grouts. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togetN with the certificate of compliance, to the party making this request at the address listed above. You have the rig] 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 servic 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: WILLIAM F. SUTTON, ESQ. ADDRESS: 1600/FK BOULEVARD 13TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Prot~-o~otary/Clerk, Civil D~vi~iq~}'~ Deputy 21164-( 8 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DEBRA BOSHINSKI, D.O. 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 RE: 21164 EVERETT STURDEVANT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in elcctronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: EVERETT STURDEVANT Social Security #: 192-14-0560 SU10-466378 2 1 164 --LO 8 To the Plaintiff: You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service thereof or a Default Judgment rhay be secured against you. William F. Sutton, Esq~ Catherine A. Rothenbe] Attorneys for Defendar POST & SCHELL, ! BY: WILLIAM F. St I.D. # 23277 BY: CATHERINE A I.D. #89385 FOUR PENN CENT[ 1600 JOHN F. KENN PILADELPHIA, PA PHONE: (215) 587-B Everett Sturdevant Select Specia ANSWER A1 CORPOR Defendants Pennsylvania, L.P. through their counsel, with the numbered par 1. Denie¢ knowledge or informa paragraph 1. of Plainti lire ger, Esquire ts [TTON ROTHENBERGER R EDY BLVD. 19103 ~00 Plaintiff iS. ty Hospital et al Defendants ATTORNEY FOR DEFENDANTS SELECT MEDICAL CORPORATION SELECT SPECIALTY HOSPITAL- CAMP HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.03-2500 ~f's Complaint. After reasonable investigation, answering Defendants are without on sufficient to form a belief as to the truth of the allegations contained in ~D NEW MATTER OF DEFENDANTS SELECT MEDICAL ~TION, SELECT SPECIALTY HOSPITAL-CAMP HILL TO PLAINTIFF'S COMPLAINT fiect Medical Corporation, Select Specialty Hospital - Centr~ tcorrectly Identified as Select Specialty Hospital-Camp Hill), by and Post & Schell, P.C., hereby Answer Plaintiff's Complaint in accordance ~graphs thereof. 2. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the trnth of the allegations contained in >aragraph 2. of Plaintiffs Complaint. 3. Denied. After reasonable investigation, answering Defendants are without mowledge or information sufficient to form a belief as to the troth of the allegations contained in )aragraph 3. of Plainti] 4. Denied xuthorized to do busir 3ettysburg Road, Mec 5. The alh a Defendant other thru Defendants. 6. Denied a long term acute care 7. Denied Corporation. SSH has long term care hospita 8. Denied Corporation. SSH has long term acute care h, 9. Denied f s Complaint. as stated. Select Medical Corporation is a Delaware Corporation and is ess in the Commonwealth of Pennsylvania, with offices located at 4716 mnicsburg, PA 17055. gations contained in paragraph 5. of Plaintiffs Complaint are directed to answering Defendants and no response, thereto is required of answering ts stated. Select Specialty Hospital - Central Pennsylvania, L.P., (SSH) is aospital, located at 503 North 21st Street, Camp Hill, PA. as stated. SSH is a long term acute care hospital, owned by Select Medical agreements with Holy Spirit Hospital that address the operation of such ts stated. SSH is a long term acnte care hospital owned by Select Medical agreements with Holy Spirit Hospital that address the operation of such >spital. as stated, answering Defendants cannot address Plaintiffs constraints. 2 10. The allegations of this paragraph propose conclusions of law to which no response is required. To the extent a response may be required, the allegations of agency are specifically denied. 11. Denied, knowledge or informa~ paragraph 11. of Plain~ 12. Denied knowledge or informa paragraph 12. of Plain 13. Denied knowledge or informa paragraph 13. of Plain 14. Denied knowledge or informa paragraph 14. of Plain 15. Denied, itself. Any interpretati 16. Denied itself. Any interpretati, 17. Denied itself. Any interpretati, FACTS After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. as stated. The Plaintiff's medical record is a document which speaks for ~n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for )n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for >n or characterization of these documents by the Plaintiff is sh-ictly denied. 18. itself. Any interpretati~ 19. Denied itself. Any interpretati~ 20. Denied itself. Any interpretati, 21. Denied itself. Any interpretati, 22. Denied itselfi Any interpretati, 23. Denied itself. Any interpretati 24. Denied itself. Any interpretati 25. Denied itself. Any interpretati 26. Denied itself. Any interpretati 27. Denied itself. Any interpretati 28. Denied itself. Any interpretati Denied as stated. The Plaintiff's medical record is a document which speaks for ,n or characterization of these documents by the Plaintiff is strictly den/ed. as stated. The Plaintiff's medical record is a document which speaks for ~n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for ~n or characterization of these documents, by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for ~n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for )n or characterization of these documents; by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for )n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for )n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for )n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for )n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for )n or characterization of these documents by the Plaintiff is strictly denied. as stated. The Plaintiff's medical record is a document which speaks for )n or characterization of these documents by the Plaintiff is strictly denied. 4 29. Denied as stated. The Plaintiffs medical record is a document which speaks for itself. Any interpretation or characterization of these documents by the Plaintiff is strictly denied. 30. Deniedlas stated. The Plaintiffs medical record is a document which speaks for itself. Any interpretati4)n or characterization of these documents by the Plaintiff is strictly denied. 31. Denied itself. Any interpretati 32. Denied knowledge or informa )aragraph 32. of Plain 33. Denied aw require no respom DIRECT N SPECIALT3 34. The re,, incorporated herein b 35. (a.-e.) of care. Concerning tln directed to a Defend,' answering Defendants 36. Denied require no response. of care. Concerning as stated. The Plaintiff's medical record is a document which speaks for in or characterization of these documents; by the Plaintiff is strictly denied. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. as stated. The allegations in this paragraph which propose conclusions of e. ~GLIGENCE OF SELECT MEDICAL CORPORATION, SELECT · HOSPITAL - CAMP HILL, AND HOLY SPIRIT HEALTH CORP ~onses contained in paragraphs 1. through 33. of Defendants' Answer are reference. )enied. answering Defendants at all times followed the applicable standard : allegations contained in paragraph 35. of Plaintiff s Complaint which are nt other than answering Defendants, no response thereto is required of The allegations in this paragraph which propose conclusions of law arther, answering Defendants at all times followed the applicable standard te allegations contained in paragraph 36. of Plaintiffs Complaint, which are directed to a Defendant other than answering Defendants, no response thereto is required of answering Defendants. VICARIOUS Li SPECIALTY HO 37. The res ~ncorporated herein b3 38. Denied 38. proposes conclusi< 39. (a-e) D of care. Concerning th are directed to a Defe~ answering Defendants 40. Denied care. Concerning the directed to a Defenda answering Defendants law require no respom WHEREFORt dismissed in its entire incurred in defending ABILITY OF SELECT MEDICAL CORPORATION, SELECT SPITAL - CAMP HILL, AND HOLY SPIRIT HEALTH SYSTEM ,onses contained in paragraphs 1. through 36. of Defendants' Answer are reference. as stated. All allegations of agency are strictly denied. Further, paragraph .ns of law to which no response is required. mied. Answering Defendants at all times followed the applicable standard : allegations contained in paragraph 36. of Plaintiff' s Complaint, which dant other than answering Defendants, no response thereto is required of Answering Defendants at all times followed the applicable standard of llegations contained in paragraph 40. of Plaintiff's Complaint, which are t other than answering Defendants, no response thereto is required of Further, the allegations in this paragraph which propose conclusions of e. answering Defendants respectfully request that Plaintiff's Complaint be ~ and that answering Defendants be reimbursed for all costs and expenses is action, including reasonable attorneys' fees. 6 COUNTI. 41. The responses contained in paragraphs 1. through 40. of Defendants' Answer are incorporated herein b~ reference. 42. Denied knowledge or informa paragraph 42. of Plain 43. Denied knowledge or informa paragraph 43. of Plain 44. Denied knowledge or informa paragraph 44. of Plain 45. Denied knowledge or informa paragraph 45. of Plain WHEREFOR[ dismissed in its entire incurred in defending 46. The res incorporated herein b' After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. answering Defendants respectfully request that Plaintiffs Complaint be and that answering Defendants be reimbursed for all costs and expenses his action, including reasonable attorneys' fees. COUNTII. ~onses contained in paragraphs 1. through 46. of Defendants' Answer are reference. 7 47. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the math of the allegations contained in | paragraph 47. o f Plaintiff's Complaint. 48. Denied. I After reasonable investigation, answering Defendants are without knowledge or informa~ paragraph 48. of Plain~ WHEREFORE dismissed in its entire incurred in defending 1 49. The res incorporated herein b) 50. Denied knowledge or informa paragraph 50. of Plain 51. Denied knowledge or informa paragraph 51. of Plain WHEREFORE dismissed in its entire incurred in defending' ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. answering Defendants respectfully request that Plaintiff's Complaint be ' and that answering Defendants be reimbursed for all costs and expenses is action, including reasonable attorneys' fees. COUNTIII. ~onses contained in paragraphs 1. through 48. of Defendants' Answer are reference. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. After reasonable investigation, answering Defendants are without ion sufficient to form a belief as to the truth of the allegations contained in iff's Complaint. answering Defendants respectfully request that Plaintiff's Complaint be , and that answering Defendants be reimbursed for all costs and expenses is action, including reasonable attorneys' fees. 8 NEW MATTER 52. The responses contained in paragraphs 1. through 51. of Defendants' Answer ar incorporated herein by !reference. 53. The Plaintiff has failed to state a cause upon which relief may be granted. The ans~vering Defendants were not negligent. 54. 55. Any ac~ s or omissions of answering Defendants alleged to constitute negligenc, were not substantial cz uses or factors of the subject incident and/or did not result in the injuries and/or losses alleged b 56. The inc caused or contributed t 57. If Plait demanded, said injuri omissions of Plaintiff exercised no control. 58. The ne constituted intervenin sustained by Plaintiff omissions and such negligence or breach ~ 59. The ir proximately caused b 60. The Plai 61. The Plai the Plaintiff. lents and/or damages described in Plaintiffs Complaint may have been by the Plaintiff. :iff sustained the injuries alleged, proof of which is specifically ,~s may have been the result of the negligent or careless acts and/or and/or other persons and/or entities over whom Answering Defendant: :ligent acts or omissions of other individuals and/or entities may haw superseding causes of the damages and/or injuries alleged to have been Furthermore, answering Defendants had no control over such acts or :ts or omissions were not due to or caused by default, lack of care, ~any duty of answering Defendants. ident, injuries and/or damages sustained by the Plaintiff were not inswering Defendants. utiffs claim may be barred by the Doctrine of the Assumption of Risk. atiffs claim may be barred by the Doctrine of Contributory Negligence. 62. The Plaintiffs claims may be barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §7201 et. seq., the relevant portions of which are incorporate~ herein. 63. At all accordance with the s 64. The P1 65. The PI~ ~recluded by the Doct~ 66. The Ph ~rovisinns of the l-Ie~ ~mended. 67. If there constitutionality bein~ protection clause of th Article I, Section 1, 6, then payment of intere,, Defendants. 68. The Plai 69. The Plai 70. Answeri herein by reference as though same were more fully set forth at length times material hereto, answering Defendants provided treatment in dicable standards of medical care at the 'time and place of treatment. atiff failed to mitigate any damages allegedly sustained. intiffs claim and/or request for damages is barred or limited and/or [nes of Res Judicata and/or Collateral Estoppel. intiffs claim and/or request for damages is barred or limited by the Ith Care Service Malpractice Act of 1975, 40 P.S. 1301 et. seq., as is judicial determination that Pa.R.C.P. 238 is unconstitutional, said expressly challenged as a violation of the due process and the equal 14th Amendment of the United States Constitution, 42 U.S.C. §1983, [1, 26; and Article IV, Section 10(c) of the Pennsylvania Constitution shall be suspended for any period of delay not occasioned by Answerin ttiffs claim may be barred by the Doctrine of Release. ntiffs claim may be barred by the applicable Statute of Limitations. ag Defendants were not corporately negligent. 10 WHEREFORE,{ answering Defendants respectfully request that Plaintiffs Complaint be dismissed in its entirety and that answering Defendants be reimbursed for all costs and expenses / incurred in defending tt~iis action, including reasonable attorneys" fees. DATED: POST & SCHELL, P.C. ~g}L-'L~AM' F.~UTTON, E~QUIRE CATHERIJh~E A. ROTHENBERGE~ ESQUI~ ATTO~EYS FOR DEFENDANTS, SELECT MEDIC~ CO,OPTION, SELECT SPECIALTY HOSPIT~, CENT~ PENNSYLV~IA, L.P. ( SIC. SELECT SPECIALTY HOSPIT~-C~P HILL) 11 NEW JERSE~ PRINCETON VERIFICATION LADONNA P~DDING, states she is Chief Executive Officer of Select Specialty Hospital - Central Pennsylvania, L.P., in the within action, and as such verifies that the statements made in thc foregoing Answer to Plaintiff's Complaint with New Matter, are true and correct to the best of t r knowledge, information and belief. The undersigned understands that the statements therein ire made subject to penalties of 18Pa. C.S. §4904 relating to unswom falsification to authorities. , ? ,~ , /~ ,~ /d ~.~ t,..E~DONNA READING DATED: (Sturdevant, 11 7131) POUR PENN CENTER 00 JOHN R KENNEDY BOULEVARD ~I~DELPHIA, PA 19103-2808 A PENNSYLVANIA PROFESSIONAL CORPORATION 215.587.1000 WWW.POSTSCH ELL.COM KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own right and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital No: 03-2500 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS~ SieI.ECT MEDICAL CORPORATION, SELECT SPECIALTY HOSPITAL OF CENTRAL ]~A~ L.P. AND SF.I.F~CT SPECIALTY HOSPITAL - CAMP ml,L 53. - 70. The averments in paragraphs 53 through 70 of New Matter of Defendants, Select Medical Corporation, Select Specialty Hospital of Central Pennsylvania and Select Specialty Hospital - Camp Hill, are conclusions of law to which no response of pleading is required under Rules of Court and are, therefore, deemed denied. N, P.C. MARTIN S. KARDON, ESQUI1LE Date: November 7, 2003 VERIFICATION MARTIN S. KARDON, ESQUIRE hereby states that he is the attorney for the plaintiffs in this action and verifies that the statements made in the foregoing Plaintiffs' Reply to Defendants, Select Medical Corporation, select Specialty Hospital of Central Pennsylvania and Select Specialty Hospital - Camp Hill, New Matter are tree and correct to the best of his knowledge, information and belief. He understands that the statements therein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities.~ ~IRE Dated: November 7, 2003 KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD pgIILADELPHIA, PA 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own fight and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital Court of Common Pleas Cumberland County No:03-2500 PLAINTIFFS MOTION TO COMPEL DISCOVERY ADDRESSED TO DEFENDANT, SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL-CAMP HILL, INC. 1. This matter arises out of a claim for injuries and death occurring at the defendant hospital facility on or about October 16, 2002. 2. On July 25, 2003 Plaintiffs First Request for Production of Documents and Related Interrogatories were served upon defendant. A copy thereof is attached and marked as Exhibit 1. 3. On September 19, 2003, Plaintiff granted defendant a thirty (30) day extension to respond to these Requests to Produce and Interrogatories earlier propounded. A copy of Plaintiff's letter dated September 19, 2003 is attached hereto as Exhibit 2. 4. To date, Requests to Produce and Related Interrogatories are now more than three (3) months overdue. case. 7. All the documents requested are material and relevant to plaintiffs in presenting their Defendants have never objected to these Requests and provided no reason or basis for failing to respond. WHEREFORE, Plaintiffs respectfully request this Honorable Court to order defendants to produce the documents requested along with answers to the Related Interrogatories. Respectfully submjllettT'~x BY: \K.. ~ViAR~I~IN S. KARDON, ESQUIRE Attorney for Plaintiffs KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own right and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital Court of Common Pleas Cumberland County No: 03-2500 CERTIFICATION OF SERVICE I do hereby certify that service of a true and correct copy of the within Motion to Compel Responses to First Request for Production of Documents and Related Interrogatories was made on November 7, 2003 to the counsel named below by United States Mail, postage prepaid. Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 William Sutton, Esquire Post & Schell, P.C. 1800 JFK Boulevard, 19th floor Philadelphia, PA 19103 MART,IN S. KARl)ON, ESQUIRE Attorney for Plaintiffs KANTER, BERNSTEIN & KARDON, P.C. ATTORNEYS AT LAW SEYMOUR KANTER*** STEWART A. BERNSTEIN MARTIN S. KARDON* BRIAN P. PINCUS** *ALSO MEMBER OF NEW JERSEY AND MASS. BARS **ALSO MEMBER OF NEW IERSEY BAR ***OF COUNSEL w~v kbklaw.com July 25, 2003 1617 JOHN F, KENNEDY BOULEVARD SUITE 1150 PHILADELPHIA, PA 19103 (215) 568-5885 FAX: (215) 568-1294 MARTIN S. KARDON N,J, RESPONSIBLE ATTORNEY 402 PARK BOULEVARD CHERRY HILL, NJ 08002 William Sutton, Esquire Post & Schell, P.C. 1800 JFK Boulevard, 19th floor Philadelphia, PA 19103 Re: Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson, in her own right v. Select Medical Corporation, et al. Dear Mr. Sutton: Enclosed please find Plaintiff s First Request for Production of Documents and Related Interrogatories in connection with the above matter. Please provide a response within the time allotted under court rules. MSK:ckw Enclosures cc: Craig Stone, Esquire KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own right and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital No: 03-2500 PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT, SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL-CAMP HILL, INC. Pursuant to Rule 4009 of Pennsylvania Rules of Civil Procedure, the plaintiff in this action, requests that the defendant, produce and permit the requesting plaintiff or his/her representative to inspect and copy the following: (This Request is continuing to the extent required by Rule 4007.4 of the Pennsylvania Rules of Civil Procedure and, accordingly, any documents or things obtained subsequent to the filing of your Response which, pursuant to said Rule, would require you to supplement your reply, are to be supplied by Supplemental Response.) Any and all documents (including writings, drawings, graphs, charts, photographs, and other compilations of data from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonable usable form) of: 1. A copy of all Agreements, Contracts or other writing between Select Medical Corporation and Holy Spirit Health System regarding the operation, ownership, management, supervision and control of Select Specialty Hospital-Camp Hill, Inc. situated at 503 North 21st Street, Camp Hill, PA 17011. 2. A color copy of the complete chart created for Everett Sturdevant during his admission to Select Specialty Hospital-Camp Hill from September 26, 2002 until his death on or about October 18, 2002. 3. A copy of the following Policy and Procedure Manuals from Select Specialty Hospital- Camp Hill, Inc: Nursing Plicy & Procedures Physician Policy & Procedures Administrative Policy & Procedures Restraint Policy & Procedures Incident Reporting & Accident Investigation Policy & Procedures In the alternative, the Defendant may provide the Plaintiff a Table of Contents from each such manual or documents so that the specific portions thereof can be identified, selected and provided. 4. A copy of any lease agreement between Select Medical Corporation, Select Specialty Hospital-Camp Hill, Inc. and Holy Spirit Health System for the portions of Holy Spirit Health Systems premises leased to or otherwise provided to Select Medical Corporation and/or Select Specialty Hospital-Camp Hill, Inc. 5. A copy or other reproduction of any diagram, schematic or other drawing of the size, shape, dimensions and/or other architectural renderings of the portions of Holy Spirit Health Systems facilities in which Select Specialty Health systems-Camp Hill, Inc. operates and/or conducts business. 6. Color, reproductions or reprints of any photographs taken of decedent, Everett Sturdevant or the areas in and around which he was injured on October 16, 2002. 7. A copy of any and all contractors bills, receipts for purchases and any other materials regarding any changes made in the configuration, construction or operation of the door to the stairwell down which Everett Sturdevant fell either before or after the events of October 16, 2002. 8. Any investigation materials, witnesses statements or other written documents generated in the course of investigating fall of Everett Sturdevant on October 16, 2002 to the extent these materials were not generated during a specific Peer Review Proceeding. INTERROGATORIES 1. Please state the name of all persons who participated in the preparation of a response to and in obtaining the documents sought in the First Request To Produce of Plaintiffs. 2. For each and every item for which defendant has objected to the production of kindly: a. Describe with reasonable particularity (such that a Court and the parties could identify said document in the event a motion is filed by plaintiffs) the document or documents withheld. b. The legal principles or privilege upon which defendants objection to the production of such document is based. 3. In the event any documents are withheld from production by defendants or should defendant object to their production based upon the provisions of the Peer Review Protection Act ( 63 P.S. § 425.4.) please state: a. The dates that each of the Peer Review Proceedings were conducted. b. The location of each of the Peer Review Proceedings. c. The names of all participants in each of the Peer Review Proceedings. ON, ESQUIRE Attorney for Plaintiff Date: July 25, 2003 KANTER, BERNSTEIN & KARDON, P.C. ATI'ORNEYS AT LAW SEYMOUR KANTER*** STEWART A. BERNSTEIN MARTIN S, KARDON* BRIAN P. PINCUS** 1617 JOHN F. KENNEDY BOULEVARD SUITE 11S0 PHILADELPHIA, PA 19103 *ALSO MEMBER OF NEW JERSEY AND MASS, BARS **ALSO MEMBER OF NEW JERSEY BAR ***OF COUNSEL www.kbklaw.com (215) 568-5885 FAX: (215) 568-1294 MARTIN S. KARDON NJ RESPONSIBLE ATTORNEY 402 PARK BOULEVARD CHERRY HILL, NJ 08002 1 (856) 486-9559 September 19, 2003 Catherine Rothenberger, Esquire Post & Schell, P.C. 1800 JFK Boulevard, 19th floor Philadelphia, PA 19103 Re: Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson, in her own right v. Select Medical Corporation, et al. Dear Mr. Rothemberger: I am just writing to confirm our agreement to provide your office an additional thirty (30) days from the date of this letter to provide answers to the Requests to Produce earlier propounded by me. Please note, however, that should I not be in receipt of the requested documents on or before October 18, 2003, I will file a Motion to Compel without further delay. As indicated, I will also be contacting Mr. Sutton's office to schedule depositions of the nurse manager of the floor, a corporate designee and the nurse ~vho found Mr. Sturdevant laying at the bottom of the steps. I will also make Colleen Wrightson available at that time as well along with any other persons you feel you need to depose from the plaintiffs' side. I would like these depositions to proceed, as you know, as soon as possible subject to Mr. Sutton's reasonable scheduling limitations. My intention is to file a trial praecipe in the case before the year is over. I am also enclosing Expert Interrogatories directed to your client. Feel free to call me should you have any questions or concerns. MARTIN S. KARDON MSK:ckw enclosures KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. NO. 26759 SUITE 1150 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5885 Colleen Wrightson, Administratrix of the Estate Attorney for Plaintiffs Court of Common Pleas NOV 1 ? .of Everett Sturdevant and Colleen Wrightson m her own fight and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital Cumberland County No: 03-2500 ORDER AND NOW, TO WIT, this / q ~ day of A/~--~ ,2003, it is hereby ORDERED and DECREED that the defendants, Select Medical Corporation and Select Specialty Hospital - Camp Hill shall 9ro-vla~ Plaintiff's First Request for Production of Documents as .... ~he Related ~te~ogatofies ~erewi~. Defender shall comply wi~ this ~d~ within ~iAy (~) daysgor s~ctions will be imposed upon ~h~ application to ~e Com. BY THE COURT: POST & SCHELL, P.C. BY: WILLIAM F. SUTTON I.D. #23277 BY: CATHERINE A. ROTHENBERGER I.D. #89385 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103 PHONE: (215) 58%1000 COLLEEN WRIGHTSON, Administratrix of the ESTATE OF EVERETT STURDEVANT and COLLEEN WRIGHTSON, in her own right and HELEN STURDEVANT, by COLLEEN WRIGHTSON, under Power of Attorney VS. Plaintiffs SELECT MEDICAL CORPORATION; SELECT SPECIALTY HOSPITAL - CAMP HILL, 1NC. and HOLY SPIRIT HEALTH SYSTEM, d/b/a HOLY SPIRIT HOSPITAL Defendants ATTORNEY FOR DEFENDANTS SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL- CAMP HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.03-2500 MOTION OF DEFENDANTS, SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL - CAMP HILL, INC. FOR QUALIFIED PROTECTIVE ORDER Defendants, Select Medical Corporation and Select Specialty Hospital - Camp Hill, Inc., by and through their attorneys, Post & Schell, P.C., hereby move this Honorable Court as follows: 1. This is a case of alleged medical malpractice in which the parties, counsel, witnesses and others will need access to protected health information of the Plaintiff's decedent, Everett Sturdevant. 2. Pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations found at 45 C.F.R. § 164.512(e), moving Defendant hereby requests that the Court enter the attached Qualified Protective Order. 3. Pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and the Privacy Regulations implemented under HIPAA which became effective April 14, 2003, the parties to this litigation are obligated to comply with the Privacy Regulations as we obtain and redisclose protected health information such as medical records, etc., on behalf of our clients. 4. The Privacy Regulations at 45 C.F.R. § 164.512(e) identify when a covered entity, i.e., a doctor, hospital, etc., may disclose protected health information in response to a subpoena or discovery request. For example, the regulations permit the covered entity to disclose protected health information when it receives satisfi~ctory assurances that the parties have presented a qualified protective order ("QPO") to the couxt. 5. Under the QPO, the parties will be able to obtain protected health information solely for use in connection with this litigation and then will be able to disseminate those materials to experts and witnesses and to use them at trial, arbitration and/or mediation of this matter. Without the QPO, the litigation will essentially be stalled and discovery may not proceed. WHEREFORE, Defendants, Select Medical Corporation and Select Specialty Hospital - Camp Hill, Inc. respectfully requests that this Honorable Court grant the Defendants' Motion and By: enter the attached Qualified Protective Order. POST & SCHELL, P.C. CATHERINE/~. ROTHENBERGER POST & SCItELL, P.C. BY: WILLIAM F. SUTTON I.D. #23277 BY: CATHERiNE A. ROTHENBERGER I.D. #89385 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103 PHONE: (215) 587-1000 COLLEEN WRIGHTSON, Administratrix of the ESTATE OF EVERETT STURDEVANT and COLLEEN WRIGHTSON, in her own right and HELEN STURDEVANT, by COLLEEN WRIGHTSON, under Power of Attorney VS. Plaintiffs SELECT MEDICAL CORPORATION; SELECT SPECIALTY HOSPITAL - CAMP HILL, 1NC. and HOLY SPIRIT HEALTH SYSTEM, d/b/a HOLY SPIRIT HOSPITAL Defendants ATTORNEY FOR DEFENDANTS SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL- CAMP HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.03-25D0 MEMORANDUM OF LAW IN SUPPORT OF MOTION OF DEFENDANTS MOTION FOR QUALIFIED PROTECTIVE ORDER This is a medical malpractice action in which the parties, counsel, witnesses and others will need access to protected health information of the Plaintiff's decedent, Everett Sturdevant. Pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and the Privacy Regulations implemented under HIPAA which became effective April 14, 2003, the parties to this litigation are obligated to comply with the Privacy Regulations as we obtain and redisclose protected health information such as medical records, etc., on behalf of our clients. The Privacy Regulations at 45 C.F.R. § 164.512(e) identify when a covered entity, i.e., a doctor, hospital, etc., may disclose protected health information in response to a subpoena or discovery request. For example, the regulations permit the covered entity to disclose protected health information when it receives satisfactory assurances that the parties have presented a qualified protective order ("QPO") to the court. Under the QPO, the parties will be able to obtain protected health information solely for use in connection with this litigation and then will be able to disseminate those materials to experts and witnesses and to use them at trial, arbitration and/or mediation of this matter. Without the QPO, the litigation will essentially be stalled and discovery may not proceed. WHEREFORE, the Defendants respectfully request that this Honorable Court enter the attached Qualified Protective Order. POST & SCHELL, P.C. By: ~ VERIFICATION I, Catherine A. Rothenberger, Esquire, state that I am the counsel for moving Defendants in the within action, and as such, verify that the statements made in the foregoing Motion for Qualified Protective Order are true and correct to the best o[' my knowledge, information and belief. I understand that the statements therein are made subject to penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. DATED: November 20, 2003 CERTIFICATE OF SERVICE I, Catherine A. Rothenberger, Esquire, hereby certify that the foregoing Motion for Qualified Protective Order, has been served upon counsel of record by way of First Class Mail on November 20, 2003. By: POST & SCHELL, P.C. POST & SCHELL, P.C. BY: WILLIAM F. SUTTON I.D. 4/23277 BY: CATHERINE A. ROTHENBERGER I.D. #89385 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103 PHONE: (215) 587-1000 COLLEEN WRIGHTSON, Administratrix of the ESTATE OF EVERETT STURDEVANT and COLLEEN WRIGHTSON, in her own right and HELEN STURDEVANT, by COLLEEN WRIGHTSON, under Power of Attorney VS. Plaintiffs SELECT MEDICAL CORPORATION; SELECT SPECIALTY HOSPITAL - CAMP HILL, INC. and HOLY SPIRIT HEALTH SYSTEM, d/b/a HOLY SPiRIT HOSPITAL Defendants ATTORNEY FOR DEFENDANTS SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL- CAMP HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.03-2500 QUALIFIED PROTECTIVE ORDER Pursuant to the attached Stipulation of the Parties (or pursuant to Defendants' Motion), the Court hereby enters this Qualified Protective Order pursuant to the Privacy Rules implementing the HIPAA at 45 CFR § 164.512(e): 1. In response to a discovery request or subpoena which is served under the Rules of Civil Procedure, the parties to this litigation and/or their counsel are permitted to obtain protected health information (hereinafter "PHI")~ from any health care provider/covered entity (hereinafter "covered entity")2 who rendered treatment to Plaintiff's decedent, Everett Sturdevant or made payment for treatment on plaintiff's decedent's behalf; 2. The parties and/or their counsel are prohibited from using any PHI obtained with this Qualified Protective Order for any purpose other than this litigation; except that, nothing ! As defined at 45 C.F.R. 164.501. 2 As defined at 45 C.F.R. 160.103. herein shall be construed to apply to, or impair the fights of, a party individual who is the subject of PHI that is covered by the Qualified Protective Order to use or disclose PHI that is solely about the party individual. 3. At the end of this litigation (including any and all appeals), the parties and/or their counsel will either return the PHI to the covered entity or destroy the PHI (including all copies made); 4. In conjunction with the prosecution and/or defense of this litigation, the parties and/or their counsel are permitted to redisclose PHI to persons and/or entities including the following: any party to the litigation, counsel for any party to the litigation, non-expert witnesses, expert witnesses, counsel for any non-party to the litigation, the insurance carrier(s) for any party to the litigation, the M-CARE Fund, any other person permitted by other order of this Court and the Court. 5. Any person or entity who receives PHI pursuant to paragraph 4 of this Qualified Protective Order is prohibited from using the PHI for any purpose other than this litigation; 6. Any person or entity who receives PHI pursuant to paragraph 4 of this QPO must return the PHI to the covered entity or destroy the PHI (including all copies made) at the conclusion of the litigation. POST & SCHELL, P.C. BY: WILLIAM F. SUTTON I.D. #23277 BY: CATHERINE A. ROTHENBERGER I.D. #89385 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103 PHONE: (215) 587-1000 COLLEEN WRIGHTSON, Administratrix of the ESTATE OF EVERETT STURDEVANT and COLLEEN WRIGHTSON, in her own right and HELEN STURDEVANT, by COLLEEN WRIGHTSON, under Power of Attorney VS. Plaintiffs SELECT MEDICAL CORPORATION; SELECT SPECIALTY HOSPITAL - CAMP HILL, INC. and HOLY SPIRIT HEALTH SYSTEM, d/b/a HOLY SPIRIT HOSPITAL Defendants ATTORNEY FOR DEFENDANTS SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL- CAMP HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.03-2500 MOTION OF DEFENDANTS, SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL - CAMP HILL, INC. FOR QUALIFIED PROTECTIVE ORDER Defendants, Select Medical Corporation and Select Specialty Hospital - Camp Hill, Inc., by and through their attorneys, Post & Schell, P.C., hereby move this Honorable Court as follows: I. This is a case of alleged medical malpractice in which the parties, counsel, witnesses and others will need access to protected health information of the Plaintiff's decedent, Everett Sturdevant. 2. Pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations found at 45 C.F.R. § 164.512(e), moving Defendant hereby requests that the Court enter the attached Qualified Protective Order. 3. Pursuant to the Health Insurance Portability and Accountability Act of 1996 ("H~AA"), and the Privacy Regulations implemented under HIPAA which became effective April 14, 2003, the parties to this litigation are obligated to comply with the Privacy Regulations as we obtain and redisclose protected health information such as medical records, etc., on behalf of our clients. 4. The Privacy Regulations at 45 C.F.R. § 164.512(e) identify when a covered entity, i.e., a doctor, hospital, etc., may disclose protected health information in response to a subpoena or discovery request. For example, the regulations permit the covered entity to disclose protected health information when it receives satisfactory assurances that the parties have presented a qualified protective order ("QPO") to the court. 5. Under the QPO, the parties will be able to obtain protected health information solely for use in connection with this litigation and then will be able to disseminate those materials to experts and witnesses and to use them at trial, arbitration and/or mediation of this matter. Without the QPO, the litigation will essentially be stalled and discovery may not proceed. WHEREFORE, Defendants, Select Medical Corporation and Select Specialty Hospital - Camp Hill, Inc. respectfully requests that this Honorable Court grant the Defendants' Motion and By: enter the attached Qualified Protective Order. POST & SCHELL, P.C. POST & SCHELL, P.C. BY: WILLIAM F. SUTTON I.D. #23277 BY: CATHERINE A. ROTHENBERGER I.D. #89385 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103 PHONE: (215) 587-1000 COLLEEN WRIGHTSON, Administratrix of the ESTATE OF EVERETT STURDEVANT and COLLEEN WRIGHTSON, in her own fight and HELEN STURDEVANT, by COLLEEN WRIGHTSON, under Power of Attorney VS. Plaintiffs SELECT MEDICAL CORPORATION; SELECT SPECIALTY HOSPITAL - CAMP HILL, INC. and HOLY SPIRIT HEALTH SYSTEM, d/b/a HOLY SPIRIT HOSPITAL Defendants ATTORNEY FOR DEFENDANTS SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL- CAMP HILL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.03-2500 MEMORANDUM OF LAW IN SUPPORT OF MOTION OF DEFENDANTS MOTION FOR QUALIFIED PROTECTIVE ORDER This is a medical malpractice action in which the parties, counsel, witnesses and others will need access to protected health information of the Plaintiff's decedent, Everett Sturdevant. Pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and the Privacy Regulations implemented under HIPAA which became effective April 14, 2003, the parties to this litigation are obligated to comply with the Privacy Regulations as we obtain and redisclose protected health information such as medical records, etc., on behalf of our clients. The Privacy Regulations at 45 C.F.R. § 164.512(e) identify when a covered entity, i.e., a doctor, hospital, etc., may disclose protected health information in response to a subpoena or discovery request. For example, the regulations permit the covered entity to disclose protected health information when it receives satisfactory assurances that the parties have presented a qualified protective order ("QPO") to the court. Under the QPO, the parties will be able to obtain protected health information solely for use in connection with this litigation and then will be able to disseminate those materials to experts and witnesses and to use them at trial, arbitration and/or mediation of this matter. Without the QPO, the litigation will essentially be stalled and discovery may not proceed. WHEREFORE, the Defendants respectfully request that this Honorable Court enter the attached Qualified Protective Order. By: POST & SCHELL, P.C. -'C-ATHERfN-E A. ROTHENBERGER VERIFICATION I, Catherine A. Rothenberger, Esquire, state that I am the counsel for moving Defendants in the within action, and as such, verify that the statements made in the foregoing Motion for Qualified Protective Order are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: November 20, 2003 ~HE'tK~N E A'.fl~H EN~I~ZGE R CERTIFICATE OF SERVICE I, Catherine A. Rothenberger, Esquire, hereby certify that the foregoing Motion for Qualified Protective Order, has been served upon counsel of record by way of First Class Mail on November 20, 2003. By: POST & SCHELL, P.C. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSU;~NT TO RULE 4009.22 IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, 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: 02/05/2004 Attorney for DEFENDANT DEll-471929 2 1 1 6 4 --LO 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL NOTICE OF //~T~aTT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND ~TNGS FOR DISC~v~ ~uI;~UANT TO RULE 4009.21 COURT OF COMMON PLEAS TERM, CASE NO: 03-2500 MALIKA WASEEM MEDICAL RECORDS MARTIN'S GLENN ASSISTED LIVING MEDICAL RECORDS TO: CRAIG STONE, ESQ. MARTIN S. KARDON, ESQ. MCS on behalf of WILT.TAM F. SUTTON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/16/2004 CC: WILLIAM F. SUTTON, ESQ. - 997-117131 MCS on behalf of WILLIAM P. SUTTON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #000 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-253141 2 1 164 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETT STURDEVANT : VS. SELECT SPECIALTY HOSPITAL- CAMP HILL, ET File No. 03-2500 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MALIKA WASEEM (Name of Person or Entity) Within twenty (20) days aRer 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 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents Or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the 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: WILLIAM F. SUTTON. ESO. ADDRESS: 1600 JFK BOULEVARD 13TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: F£8 0 § 200 Seal of the Court BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MALIKA WASEEM 709 EASTERN BLVD. ESSEX, MD 21221 RE: 21164 EVERETT STURDEVANT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: EVERETTSTURDEVANT Social Security #: 192-14-0560 SU10-483902 21164--L0 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT COURT OF COMMON PLEAS TERM, -VS- CASE NO: 03-2500 SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILLIAM F. SUTTON, 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: 02/05/2004 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT DEll-471930 2 1 1 6 4 --L1 O COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ESTATE OF EVERETT STURDEVANT -VS- SELECT SPECIALTY HOSPITAL- CAMP HILL, ET AL NOTICE OF ~ TO SER~ A SUBPOENA TO PRODUCE DOCT]MENTS ~ COURT 0E COMMON PLEAS TERM, CASE NO: 03-2500 ~INC, S FOR DISC~%~Y P~U2~ TO RIU-~ 4009.21 MALIKANASEEM MEDICAL RECORDS MARTIN'S GLENN ASSISTED LIVING MEDICAL RECORDS TO: MARTIN S. KARDON, ESQ. CRAIG STONE, ESQ. MCS On behalf of WILLIAM F. SUTTON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/16/2004 CC: WILLIAM F. SUTTON, ESQ. - 997-117131 MCS on behalf of WILLIAM F. SUTTON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-253140 21164 --CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF EVERETT STURDEVANT : SELECT SPECIALTY HOSPITAL- CAMP HILL, ET File No. 03-2500 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MARTIN'S GLENN ASSISTED LIVING (Name of Person or Entity) TO: Custodian of Records for 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 800. Philadelnhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the fight 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: Vql'l J IAM F. SUTTON, ESQ. ADDRESS: 1600 JFK BOULEVARD 13TH FLOOR PHILADELPHIA. PA 19103 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: FEB 0 5 200t Seal of the Court BY THE COU~T: . DJp~lty -- - I EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARTIN'S GLENN ASSISTED LIVING 1813 OLD EASTERN AVENUE ESSEX, MD 21221 RE: 21164 EVERETT STURDEVANT Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians., ties,, memoranda, handwritten notes, history and physical reports, mea~cauon/ prescription records, including any and all such items as may be stored in a. computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: EVERETT STURDEVANT Social Security #: 192-14-0560 SU10-483904 2 1 1 6 4 --L1 0 KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE Attorney I.D. No:26759 1617 John F. Kennedy Boulevard, Suite 1150 Philadelphia, Pennsylvania 19103 (215) 568-5885 Attomey for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own right and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-2500 PETITION FOR APPROVAL OF SETTLEMENT MARTIN S. KARDON, Esquire, Attorney for Plaintiff in connection with the above matter hereby requests this Honorable Court for approval ,of a settlement of the claim of plaintiffs against defendants in the herein matter and in support thereof avers as follows: 1. This is a Wrongful Death and Survival action arising out of'the accidental death of plaintiffs' decedent, Everett Sturdevant occurring October 16, 2002 due to alleged negligent medical and custodial care at defendants' premises. 2. The case has proceeded in the Common Pleas Division of this Court. 3. Letters of Testamentary were issued by the Register of Wills of York County to Colleen Wrightson, the daughter of decedent a copy of which is attached hereto as Exhibit 1. 4. The decedent was survived by his wife, Helen Sturdevant, who has also proceeded as a party to this action through her daughter, Colleen Wrightson, who holds her Power of Attomey a copy of which is attached as Exhibit 2. 5. By the authority of the aforementioned grant of Letters of Administration and the Power of Attorney this action was commenced by Colleen Wrightson on behalf of the decedent's estate and decedent's surviving spouse. 6. Following the initial conduct of discovery, including Mrs. Sturdevant's deposition de bene esse, the production of documents and viewing of the scene of the accident the parties agreed to mediate the matter. 7. Following the mediation the parties agreed to a settlement ,of the entire action in the amount of $187,500.00 under terms memorialized in the attached General Release, Exhibit 3. 8. The record shows that decedent, while appropriately restrained in a wheelchair, was lef~ unattended and allowed to move the wheelchair into an unsecured stairwell and subsequently fell down the stairs. 9. Plaintiffs allege that less than two days later the decedent died from apparent cerebral injuries caused by this fall. 10. As a result of the loss of her husband, Mrs. Sturdevant, who lived with him in an Assisted Living Facility, had to move out of their room into a shared room with a roommate unknown to her. In addition, Mrs. Sturdevant remains cognitively intact Had continues to grieve daily over the sudden loss of her husband of 60 years. 11. Inasmuch as the majority of the continuing damages in this matter have accrued to the bereaved surviving spouse, plaintiffs have proposed an allocation of the settlement funds of 80% ($150,000.00) to Mrs. Sturdevant for her Wrongful Death claim and 20% ($37,500.00) to the Estate of Everett Sturdevant for pain and suffering before his death. 12. Movant hereby requests this Honorable Court to approve the settlement of this action and the proposed allocation of the settlement proceeds. 13. The monies payable to plaintiffs is proposed to be divided, pursuant to Contingent Fee Agreements, with the counsel for plaintiffs allotting attorney fees of 40% of the overall settlement and deduction thereafter of the costs of litigation. A copy of the Contingent Fee Agreements setting forth the above mentioned terms has been attached to the previous Petition as Exhibit 4. 14. It is believed and therefore averred that there are no monies owed to the Commonwealth of Pennsylvania Department of Public Welfare on account of Medicaid payments as decedent was not a recipient of any public assistance. A copy of the letter of April 14, 2004 to the Department of Public Welfare requesting information as to the presence of any lien is attached as Exhibit 5. 15. On August 14, 2003, Counsel requested Medicare to advise as to whether there exists a claim by Medicare as secondary payee for medical bills for decedent, however, as of this drafting no indications of any amounts of claims have been given and no response of any sort has been received by Counsel. A copy of this letter is attached as Exhibit 6. 16. Medicare's potential claim from this litigation would only entail two days of medical following decedent's fall down the steps as he was already hospitalized and a discharge was not planned. Plaintiffs will set aside funds payable to decedent's estate monies to be held in a separate interest bearing Escrow Account on behalf of the estate from which any Medicare or Medicaid liens will be satisfied in whole or in part as provided in the attached proposed Order. 17. There are no other debts, outstanding support orders, judgments or tax liens payable by the plaintiffs. There are no minors or persons adjudged incon~tpetent with any interest in this litigation. 18. Costs were incurred in the prosecution of this case irt the total amount of $3,447.20. Without setting forth the specific transactions for which these expenses were paid they can be grouped as follows: Court, Subpoena and Witness Fees Expert Fees Video Deposition and transcripts Mediator Fees Medical Record Copy Fees Total 19. The distribution of the Wrongful death Total Wrongful Death Settlement Less Attorney Fee Less Costs (pro rata) Net Recovery $ 149.35 $1,702.50 $ 841.75 $ 437.50 $ 316.10 $ 3,447.20 Total Estate Settlement Less Attorney Fee Less Costs (pro rata) Net Recovery $ 3'7,500.00 14,724.22 689.44 $22,086.34 21. Plaintiffs' Counsel fees are based upon 40% of the net proceeds calculated after the deduction of the expenses set forth herein. 22. The foregoing has been reviewed and discussed with the Colleen Wrightson, administrator of Mr. Smrdevant's estate and personal representative for Helen Sturdevant and she has consented to the foregoing settlement, allocations and distribution set forth herein. 23. The monies payable to Helen Sturdevant shall be distributed to her through Colleen Wfightson who possesses her Power of Attorney. The net estate monies shall be held in an interest beating escrow account until Medicare liens are determJined, Inheritance Taxes and estate expenses paid and then distributed fi.om the estate pursuant to the will of Everett Sturdevant. 24. There are no minors or incompetent persons with any interest in the proceeds of this 20. The distribution of the Estate funds are proposed as follows $150,000.00 :58,896.90 2,757.76 $ 88,345.34 litigation. Helen Sturdevant's financial affairs are being administered by her daughter through the aforementioned Power of Attorney, however, she remains competent without any adjudications of incompetency or any guardians having been appointed or deemed necessary. 25. Plaintiffs have forwarded this proposed settlement with the Pennsylvania Department of Revenue and are awaiting their consent to the allocation of the settlement monies. The correspondence reflecting notice to the Department is attached hereto as Exhibit 7. WHEREFORE, counsel requests this court approve the ]herein settlement and allocation. Respectfully submitted, .~~ _ ERNSTEIN & KARl)ON, P.C. MARTIN S. KARDON, ESQUIRE Attorney for Plaintiff KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE Attorney I.D. No:26759 1617 John F. Kennedy Boulevard, Suite 1150 Philadelphia, Pennsylvania 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own right and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-2500 AFFIDAVIT OF COUNSEl, COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS Martin S. Kardon, Esquire being duly sworn according to law hereby certifies that: 1. I have been counsel for plaintiffs during the entirety of the litigation of this matter. 2. The suit was vigorously contested by defendants and required procurement and review of multiple sets of medical records, extensive defendant document discovery, motions and review, retention of experts and review of expert materials and case theories, preparation of a video "settlement brochure" a view and video recording of the accident scene, preparation and conduct of a "de bene esse" deposition of spouse plaintiff, and preparation and conduct of the mediation. 3. Shortly after the mediation, plaintiffs settled the mat~Ier with defendant Select Medical Corporation for $187,500. Defendant Holy Spirit Health System did not participate in the settlement, however, is being dismissed from further litigation as the settlement proposed resolves the matter in its entirety. 4. The agreed to settlexnent is fair and reasonable considering the defendants' defenses, the advanced age of the surviving spouse, and the potential outcome of the litigation. 5. The allocation of the settlement proceeds is based npon the law of Pennsylvania and the facts of this case insofar as: decedent lived a very short time after the tortious event falling in and out of consciousness and thus his pain and suffering (comprising the Survival Action) was limited. The surviving spouse, however, remains and will remain aggrieved and despondent from the loss of her husband and thus her loss of companionship and suffering (comprising the Wrongful Death claim) is substantial 6. The expenses accumulated during the lawsuit have been necessary and reasonable considering the defendants' contest of the claim, the complexity of the matter, and the need to preserve the testimony of the surviving spouse. 7. The Contingent Fee Agreement between plaintiffs ~2ad counsel provides for a 40% fee from the gross settlement with deduction thereafter of the expenses of suit from plaintiffs' portion of the proceeds. See attached Fee Agreements, Exhibit 4. Notwithstanding the terms of this agreement, Counsel has calculated the attorney fee after the deduction of expenses proportionally reducing attorney fees to be paid by plaintiffs. 7. I request this Honorable Court to approve the settlement as set forth in the herein Petition and certify to the truth of all factual averments set forth herein. ~i__QUI~iREON, P.C. Attorney for Plaintiff Colleen Wrightson Sworn to and Subscribed before me this~/M day of 0-~,~ ,2004. IOTARY ~ $~c ~ITA GORDON, NOTARY PUBLIC ~ o~ ~LADELPH~A, PH~LADEb°H~A COUNTY MY COMMISSION EXPIRES SEPTEMBER 26, 2007 KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE Attorney I.D. No:26759 1617 John F. Kennedy Boulevard, Suite 1150 Philadelphia, Pennsylvania 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own fight and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-2500 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF PHILADELPHIA : Colleen Wrightson being duly sworn according to law hereby swears and affirms that: 1. I am the daughter of Everett Sturdevant, deceased, Executor of his estate and the Power of Attorney for my mother, his surviving spouse both of whom were the subject of this lawsuit. 2. I have reviewed the terms of the settlement agreed to by the parties providing for payment by Select Medical Corporation and Select Specialty Hospital-Camp Hill, Inc. of $187,500 as well as the allocations of all net sums to the Estate of Everett Sturdevant and to Helen Sturdevant. 3. I have also reviewed the distribution of the settlement proceeds allowing for the agreed upon Contingent Fee to my attorneys and the re-payment thereafter of the costs of litigation and this is in accordance with the Fee Agreement signed by me. 4. I have reviewed the listing of attorney litigation expenses with counsel and concur that the expenditures were fair, reasonable and necessary in order to obtain the outcome of this case. 5. It is my desire to proceed with the settlement and distribution of the proceeds on the terms set forth in this Petition. Swom to and Subscribed before me. this 3),oFfiday of ~ ,2004. NOTARY PUBLIC ANITA GORDON, NOTARY PL;',;~,~!C I ~ co,.,~,,ss,o, ~XP,RES s~,~, ~,! ~o071 KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE Attorney I.D. No:26759 1617 John F. Kennedy Boulevard, Suite 1150 Philadelphia, Pennsylvania 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own fight and Helen Sturdevant by Colleen Wrightson under Power of Attorney V. Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital COURT OF COMMON PLEAS CUMBERLAND COUNTY NC,: 03-2500 CERTIFICATION OF SERVICE I do hereby certify that service of a true and correct copy of the within Petition for Approval of Settlement was made on April 26, 2004 to all remaining interested parties named below by way of United States first class mail. William Sutton, Esquire Post & Schell, P.C. 1800 JFK Bulevard, 19th floor Philadelphia, PA 19103 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 ? & KARDON, P.C. MAR'~. KARDON Attorney for Plaintiff STATE OF PENNSYLVANIA COUNTY OF YORK SHORT CERTIFICATE I, BRADLEY C JA COBS Register for the Probate of Wills and Granting Letters of Administration &c. in and for YORK County, do hereby certify that on the 13th day of Dece~ber, Two Thousand and Two, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of EVERETTA STURDEVANT , late of CARROLL TOWNSHIP a/k/a AL STURDEVANT in said county, deceased, to COLLEEN WRIGHTSON and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at YORK, PENNSYLVANIA, this 13th day of December Two Thousand and Two. File No. Date of Death s.s. # 67-02-01740 10/18/2002 192-14-0560 NOT VALID WITHOUT IMPRESSED SEAL GENERAL POWER OF ATTORNEY DESIGNATION OF GUARDIAN I, EVERETT A. STURDEVANT, of ~attimore County, Maryland, do hereby execute this General Power of Attorney with the intention that the attorney-in-fact hereinafter named shall be able to act in my place in all matters. SECTION 1. Designation of Attorney 1.01. I constitute and appoint ]my daughter, COLLEEN WRIGHTSON, to be my attorney(s)-in-fact to act for me, in my name, and in my place. BECTION 2. Effective Date of Power of Attorney 2.01. This General Power of Attorney shall be effective as of the date of execution by me and shall continue in full force and effect for an indefinite period of time until my revocation of this power of attorney or my death, whichever occurs first. I specifically reserve the right to revoke this power of attorney at any time. SECTION 3. Durability 3.01. This General Power of Attorney shall not be affected by my disability, it being my specific intention that my attorney-in- fact shall continue to act as such even though I may not be competent to ratify the actions of my attorney-in-fact° 3.02. Anyone relying or acting upon this power of attorney shall be entitled to presume conclusively that it is in full force and effect unless I have given written notice to that person or entity that this power has been revoked. No one relying or acting upon this power of attorney shall be required to see to the application and disposition of any funds or other property paid to or delivered to my attorney or any persons appointed by my attorney. I authorize my attorney to seek damages against anyone who refused to honor this power of attorney without having received notice that it has been revoked. SECTION 4. Powers 4.01. My attorney-in-fact shall have all of the powers, discretions, elections, and authorities granted by statute, common law, and under any rule of co6rt. In addition thereto, and not in limitation thereof, my attorney-in-fact shall also have the powers set forth below. 4.02. My attorney-in-fact may collect and receive, with or without the institution of suit or other legal process, all debts, monies, gifts, objects, interest, dividends, annuities and demands that now are due or may hereafter become due, owing, or otherwise payable or belonging to me. My attorney-in-fact may use and take all lawful actions in my name or otherwise to recover the same and to compromise the same. 4.03. My attorney-in-fact may sell, convey, lease, transfer, mortgage, hypothecate, change the form of title, release, claim, receive, dispose of, exchange, encumber or otherwise deal with and act on my behalf with respect to, any of my property, either real or personal, including, without limitation, my real property known by street address as 2254 Southorn Road, Baltimore County, Maryland, 21220, or any part of or interest I have in such property, and to make, execute, deliver and record any deed, assignment, certificate of title, bill of transfer, mortgage, lease or any other instrument, with or without covenants and warranties, with respect to such property. 4.04. My attorney-in-fact may appear on my behalf in any litigation in which I am or may become a party during the duration of this General Power of Attorney. 4.05. My attorney-in-fact may waive any or all dower rights which I may have in real or personal property, wherever and however situated. 4.06. My attorney-in-fact may give discharges, releases, consents and receipts on my behalf. 4.07. My attorney-in-fact may open accounts of any nature whatsoever (including, without limitation, accounts at any financial institution or brokerage house) in my name or in the name of my attorney. 4.08. My attorney-in-fact shall have the power to pay any and all bills, accounts, claims, and demands now due by me or becoming due by me subsequent to the execution of this General Power of Attorney. In connection therewith, my attorney-in-fact may 2 withdraw funds from and draw and sign checks in my name upon any bank or trust company, savings institution, or money-market fund in which I may have any funds on deposit. At this time, I hold a checking account at Bank of America. 4.09. My attorney-in-fact may endorse all checks drawn to my order for deposit in any account in which I have funds on deposit or in any new account opened in my name. 4.10. My attorney-in-fact shall have the power to hold, invest, reinvest and otherwise deal with and manage all property in which I have any interest. 4.11. My attorney-in-fact shall have the power to execute and deliver to the proper persons and authority any and all documents, instruments and papers necessary to effect uroper registration of any automobile in which I now or may hereafter have an interest, or the sale thereof and transfer of legal title thereto as required by law, and to collect and receipt for all monies paid in consideration of such sale and transfer. 4.12. My attorney-in-fact shall have the power to make gifts, grants or other transfers of any real or personal property of mine (including the forgiveness of debts) without consideration or for less than adequate consideration, either outright or in trust, to my spouse, my children or my descendants as my agent may designate. In determining the reasonable of any proposed gift, grant or transfer, my attorney shall take into consideration the extent and nature of my assets, the Federal estate and/or gift taxes that may be generated by virtue of a gift and/or my death, the natural objects of my bounty and the Federal estate and/or income taxes to which they may be subjected and the necessity to protect my assets in the event that I am insti.tutionalized or before I become institutionalized in a health care facility. The fact that I may have not instituted a gift giving program prior to the exercise of this power by my said attorney shall not be considered in any fashion as a manifestation of a purported desire by me not to undertake such a program at a subsequent time. 4.13. My attorney-in-fact shall have the power to transfer or surrender any securities which I may own. In connection therewith, my attorney-in-fact may execute in my name or on my behalf any stock power or other instrument in order to effect any such transfer or surrender. 4.14. My attorney-in-fact shall have the power to enter into or renew any agency or custodian agreement with any bank or trust company at my expense for the investment or safekeeping of any property. This shall include the power to revoke any agency or custodian agreement, whether the agreement is entered into by me, by my attorney-in-fact, or by any other.person. 4.15. My attorney-in-fact shall have unrestricted access to, and the right to enter into, ahy safety deposit box, vault, storage warehouse or other depository which I may own, which may be registered in my name, or in which any property may be held for me. 4.16. My attorney-in-fact shall haw~ th~ power to bargain for, contract for, purchase, receive, lease, or otherwise acquire in my name, for my account, or on my behalf, property of any kind, real or personal, tangible or intangible, including, but not limited to, United States Treasury Bills, Notes, Bonds and other obligations of the United States Government or any of its agencies which may be used pursuant to Section 6312 of the Internal Revenue Code and the Regulations thereunder (as the same may be in effect from time to time), in payment of the tax i~mposed by Section 2001 of said code as it may be in effect from time to time. 4.17. My attorney-in-fact may represent me as attorney-in-fact before any office of the Internal Revenue Service and any state or local authority with respect to any tax matter, and in connection therewith to execute consents extending the statutory period for the assessment or collection of taxes; to receive confidential information; to perform any and all acts I could perform with respect to income, gift, generation skipping transfer or other tax returns, forms, requests for refund and reports of all kinds and any other tax matter, for all tax years including (without limitation) tax years 1950 through 2050, such powers to include the power to sign, make, execute, and file in my name and on my behalf with the Internal Revenue Service of the United States Treasury Department and any State or local authority, any and all tax returns, forms, requests for refund and reports including (without limitation) IRS forms 1040 and 709; to join or not join with my spouse or my spouse's estate in filing income or gift tax returns and to consent or not consent to any gifts made-by my spouse as being made one half by me for gift tax purposes; to pay all taxes and interest thereon which I may properly owe or which may be assessed against me; to contest the validity of any proposed assessment; and for the foregoing purposes to execute a General Power of Attorney and Declaration of Representative (IRS Form 2848) or comparable power of attorney designating my attorney or any other person as attorney-in-fact for any of the foregoing purposes. 4.18 My attorney-in-fact shall have the power to execute, seal, acknowledge, and deliver any instruments, documents or papers deemed necessary, advisable or expedient with respect to any property. 4.19. My attorney-in-fact may act as my representative payee with the Social Security Administration or other governmental agency. 4.20. My attorney-in-fa6t may purchase medical insurance and pay premiums required for me or any other person whom I am obligated to support for any reason; and to generally pursue any insurance claims of any nature and carry insurance of any kind and in any amounts as my attorney shall deem appropriate to protect my estate and my family against any hazard or to protect me and my estate from any liability. 4.21. My attorney-in-fact may deal with any retirement plan, including creating and contributing to an Individual Retirement Account or an employee benefit plan for my benefit; to select or change payment options; to change beneficiary designations; and to "roll-over" any plan benefits; and to consent or waive consent in connection with the designation of beneficiaries and joint and survivor annuities under any employee benefit plan. Currently, I receive a teamster's pension. 4.22. My attorney-in-fact may make advance arrangements for my funeral, including the purchase of a burial plot for the members of my family and me and a marker for my grave. 4.23. My attorney-in-fact may establish and transfer any part or all of my assets into a revocable or irrevocable trust under such terms and for such duration, including beyond my lifetime or disability, as my attorney deems appropriate if in the discretion of my attorney the same shall be needed for the management or preservation of my assets. 4.24. My attorney-in-fact may retain such accountants, attorneys, consultants, employees, or other such persons as my agent shall deem appropriate in connection .with the management of my property and affairs and to make payments from my assets for the charges of such persons so employed. 4.25. My attorney-in-fact may obtain, extend, increase or decrease insurance on my life or on the life of anyone to whom I have an insurable interest or on any of my property; to sign, execute or endorse in my place and stead and on my behalf any and all forms or instruments in connection with a any such insurance policies as fully as I could do, including the power to cash, surrender, borrow against, hypothecate, pledge, assign, exchange in like kind, or transfer any and all such policies, including any and all of my right, title and interest thereJ, n; and to demand and receive possession of the said policies or any of them and file, 5 institute, commence and fully prosecute, any and all claims, interest, equity qr therein, in my name as fully as I could. Insurance Policy with Prudential. or compromise'or settle demand which I may have I currently own a Life 4.26. My attorney-in-fact may instruct any person, firm, corporation, association or other entity having custody or control of any assets of mine, or any assets in which I may have an interest, in an agency, fiduciary or other capacity, and I authorize that person or entity to rely upon such instructions. 4.27. My attorney-in-fact may enter, take possession of, maintain, protect, preserve, insure, repair, build upon, alter or improve any lands, buildings or other improvements or appurtenances to lands belonging to me now or in the future or in which I may have an interest, and to demand, sue for, receive, collect and hold any and all rents, profits or income from any such property. 4.28. My attorney-in-fact may appoint another individual or corporation as substitute attorney under this power of attorney with all of the powers and authority granted my attorney. 4.29. My attorney-in-fact may act in all matters with respect to all powers described herein as freely, fully, and effectively as I could or might do personally if present and of sound and disposing mind. SECTION 5. Ratification; Use of Photocopy; Revocation of Prior General Powers, Preservation of Prior Special Powers 5.01. I hereby ratify, allow, acknowledge, and hold firm and valid all acts heretofore or hereafter taken by my attorney-in-fact by virtue of these presents. 5.02. I hereby authorize the use of' a photocopy of this General Power of Attorney, in lieu of the original copy executed by me, for the purpose of effectuating the terms and provisions hereof. 5.03. I hereby revoke, annul and cancel any and all general powers of attorney previously executed by me, if any, and the same shall be of no further force or effect. However, I do not intend in any way in this instrument to affect, modify, or terminate any special, restricted or limited power or ]powers of attorney I previously may have granted in connection with any banking, borrowing or commercial transaction, or any such limited power or powers of attorney for health care matters. A$SOCIATE~ 6 5.04. My attorney-in-fact shall be entitled to reimbursement for any expenses reasonably incurred in performing services pursuant to this general power of attorney'. 5.05. If any section or'provision of this document is invalid for any reason, such invalidity shall not affect any other provision of this document. All invalid provisions shall be wholly disregarded. SECTION 6. Designation of Guardian 6.01. I request that no guardianship proceeding for my property be instituted in the event of my disability, it being my intention that this durable power of attorney shall permit my attorney-in-fact to act on my behalf. 6.02. In the event that it becomes necessary for any court to appoint a guardian for my property, I direct that my daughter, COLLEEN WRIGHTSON, shall serve as such guardian. 6.03. I request that any guardian who at any time shall be appointed by any court shall be excused from the necessity of giving bond. 20 ,~. WITNESS my hand and seal EVERETT A. STURDEVANT WITNESSES: 7 STATE OF MARYLAND BALTIMORE COUNTY 20 ~ , before me, the subscriber, a Notary Public in a~d for the State aforesaid, personally appeared EVERETT.A. STURDEVANT, and acknowledged the foregoing General Power of Attorney and Designation of Guardian to be his act. AS WITNESS my hand and Notarial Seal. My Commission Expires Notary 'Public ~/~ 8 ADVANCE DIRECTIVE. AND APPOINTMENT OF HEALTH CARE AGENT APPOINTMENT OF HEALTH CARE AGENT KNOW ALL MEN BY THESE PRESENTS, THAT I, EVERETT A. STRUDEVANT, of Baltimore County, State of Maryland, do hereby constitute and appoint my daughter, COLLEEN WRIGHTSON, or my daughter, CINDY FLEISCH, as my true and lawful Health Care Agent to make health and personal Care decisions for me in my name, place and stead as hereinafter set forth. II. EFFECTIVE DATE, REVOCATION AND AMENDMENT, DURABILITY. This Advance Directive and Appointment of Health Care Agent shall be effective, and upon my Health Care Agent's authority shall become operative, upon my execution hereof. The powers granted in this Advance Directive and Appointment of Health Care Agent shall exist for an indefinite period of time unless, after the date hereof, I expressly amend or revoke this Advance Directive and Appointment of Health Care Aqent in writing. Any written amendment or revocation of this Advance Directive and Appointment of Health Care Agent shall be effective upon delivery to my Health Care Agent. This advance directive and Appointment of Health Care Agent shall not be affected by or terminate by reason of any disability suffered by me, and the powers set forth herein shall continue notwithstanding any subsequent disability or incapacity. While I am able, my desires shall at all times supersede the effect of this Advance Directive and Appointment of Health Care Agent. By signing this Advance Directive and Appointment of Health Care Agent, I hereby revoke all Durable Powers of Attorney for Health Care, all Advance Directives and Declarations, and all Appointments of Health Care Agent heretofore executed by me. III. GUIDANCE TO HEALTH CARE DECISION MAKING; ADVANCE MEDICAL DIRECTIVE IN THE ABSENCE OF HEALTH CARE AGENT. If.I am incapable of making an informed decision regarding my health care, I direct my health care providers to follow the instructions of my Health Care Agent. 1 (A) GUIDANCE TO HEALTH CARE DECISION MAKING. As guidance to my Health Care Agent, it is my preference, to the extent reasonably possible, to be maintained in my own home in the manner to which I am accustomed, with private care if necessary, rather than in a nursing or r~tirement home, although I recognize that such care and treatment may be necessary. My Health Care Agent shall consider the following Health Care Instructions together with my wishes as otherwise known to my Health Care Agent when making any health care decision on my behalf; provided, however, that the following Health Care instructions shall not be construed as imposing any limitation on my Health Care Agent full and complete authority to make health care decisions on my behalf. I recognize the following Health Care Instructions as statutorily sanctioned; however, it is my desire and intention to grant to my Health Care Agent full and complete authority to make health care decisions in my best interest which go beyond the parameters set forth in these statutorily recognized Health Care Instructions. (B) HEALTH CARE INSTRUCTIONS. In the event that my Health Care Agent is unavailable, then I instruct my health care providers to treat the following Health Care Instructions as the expression of my desires concerning medical treatment. (1) DEATH FROM A TERMINAL CONDITION IMMINENT. If my death from a terminal condition is imminent and even if life- sustaining procedures are used there is no ~easonable expectation of my recovery, then I direct that my life not be extended by life sustaining procedures, including the administration of nutrition and hydration artificially. (2) PERSISTENT VEGETATIVE S?ATE. If I am in a persistent vegetative state, that is, if I am not conscious and am not aware of my environment or able to interact with others, and there is no reasonable expectation of my recovery, then I direct that my life not be extended by life-sustaining procedures, including the administration of nutrition and hydration artificially. (3) END-STAGE CONDITION. Ii! I have an end-stage condition, that is a condition caused by injury, disease, or illness~ as a result of which I have suffered severe and permanent deterioration indicated by incompetency and complete physical dependency and for which, to a reasonable degree of medical certainty, treatment of the irreversible condition would 2 be medically ineffective, then I direct that my life not' be extended by life-sustaining procedures, .including the administration of nutrition and hydration artificially. (4) PAIN RELIEVING MEDICATION. I direct that no matter what my condition, medication to relieve pain and suffering shall be given to me regardless of whether such action would shorten my remaining life. IV. POWERS OF HEALTH CARE AGENT. I hereby grant to my Health Care Agent full and complete authority to make the following personal and health care decisions on my behalf and for my use and benefit: (A) To make health care decisions for me based on the health care instructions I give in this doc'ument and on my wishes as otherwise known to my Health Care Agent. If my wishes are unknown or unclear, my Health Care Agent is to make health care decisions for me in accordance with my best interest, to be determined by my Health Care Agent, in their sole and absolute discretion, after considering the benefits, burdens, and risks that might result from a given treatment or course of treatment, or from the withholding or withdrawal of a given treatment or course of treatment. (B) To act as my health care representatives, with the power to consent to, refuse and to make provisions and arrangements for, any and all of my medical and psychiatric care, and any medical examination, treatment or procedure, including, but not limited to, my medical and health care treatment, hospitalization and/or institutionalization (including nursing home care, surgical procedures, experimental drug therapy, physical, psychological or rehabilitation therapy, and the termination of life support systems or any other procedure or treatment), and in general, to make any and all decisions having to do with my personal health and well-being. (C) To access, inspect and disclose any information and medical records relating to my physical and mental health and treatment, and to execute on my behalf documents related to my medical care and treatment, including, but not limited to, waivers, consents and release, documents titled or purporting to be a "Refusal to Permit Treatment" and "Leaving the hospital Against Medical Advice", and to execute any waiver or release from liability required by a physician, hospital or any medical or other professional institution. 3 (D) To employ, contract with, engage and/or terminate the employment of such health care professignals as I may require, including, but not limited to, physicians, psychiatrists, dentists, nurses, attendants, therapists, counselors, companions, specialists and home health care professionals, and to admit me to, or obtain my release from, any hospital, nursing home, hospice, sanitarium, day care center, convalescent home or other institution or facility in which I may receive health care and treatment of any kind and nature, as a resident'or on an outpatient or any other basis. (E) To determine the environment, including my place of residence, which will best preserve and promote my physical, mental and emotional health and well-being. (F) To request that aggressive medical.treatment, to the extent permitted by applicable law, not be instituted or, if previously instituted, be discontinued, including, but not limited to, cardiopulmonary resuscitation, the implantation of a cardiac pacemaker, renal dialysis, parenteral feeding, the use of respirators and/or ventilators, blood transfusions, nasogastric tube use, intravenous feeding, other forms ,of artificial food and hydration, endotracheal tube use, antibiotics and organ transplants. Such decisions shall be made ]Dy my Health Care Agent in my best interest, as determined by my Health Care Agent in his or her sole and absolute discretion, after thorough consultation with my physician. (G) To specifically request and concur with the writing of a "no-code" (DO NOT RESUSCITATE) order by the attending or treating physician, to the extent permitted by applicable law. (H) To the extent permitted by applicable law, to consent to the administration of medication, such as: pain relieving drugs of any type even though their use may lead to permanent physical damage or addiction, and medical care, including,, but not limited to, surgical or medical procedures calculated to relieve my pain, which may alleviate suffering even though such medication or medical care may shorten my remaining life. (I) To exercise my right of privacy to make decisions regarding my medical treatment and my right to be left alone even though the exercise of my right might hasten my death or be against conventional medical advice, to the extent permitted by applicable law. My Health Care Agent may, in their own judgment, take appropriate legal action, if necessary, to enforce my right in this regard. (J) If I have provided my Health Care Agent with an indication that I wish to make anatomical gifts, I authorize (but do not require) my Health Care Agent to make or to revoke anatomical gifts to such persons and organizations as my Health Care Agent deems to be appropriate based upon my indication of my wishes to my Health Care Agent. (K) To initiate legal action for the purpose of enforcing the provisions of this Advance Directive and Appointment of Health Care Agent, and to employ, contract with, engage and/or terminate the employment of legal counsel for such purpose. V. PROTECTION FOR MY. HEALTH CARE AGENT My Health Care Agent, and his or her personal representatives, successors and assigns shall not be subject to criminal or civil liability for any action which is taken in good faith affecting my personal care, well-being and the matters described in this Advance Directive and appointment of Health Care Agent. My Health Care Agent shall not be liable for the costs of care based solely on this authorization. VI. APPOINTMENT OF GUARDIANS. I request that no guardianship proceeding for my person be commenced in the event of my disability, but in the event that it nevertheless becomes necessary for any court to appoint a guardian for my person, I direct that my daughter, COLLEEN WRIGHTSON, or my daughter, CINDY FLEISCH, shall serve as guardian(s). I further direct that any guardian of my person who shall at any time be appointed by any court pursuant to the provisions of this Advance Directive and Appointment of Health Care Agent shall be excused from giving bond. VII. GENERAL PROVISIONS. (A) PROTECTION OF THIRD PARTIES. No person who relies in good faith upon any representations by my Health Care Agent or successor Health Care Agent shall be liable to me, my estate, my heirs or my assigns for recognizing the authority of my Health Care Agent. (B) UNLIMITED POWER OF HEALTH CARE AGENT. The enumeration of specific terms, rights, actions or powers herein is not intended to, nor does it limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers herein granted to my Health Care Agent. 5 (C) OTHER POWERS OF ATTORNEY. This Advance Directive and Appointment of Health Care Agent shall not affect, modify or terminate in any way any special, restricted or limited power or powers of attorney I may have heretofore given in connection with any borrowing, banking or other cormmerciat transaction, and shall not effect, modify or terminate any Durable General Power of Attorney I may have. (D) PHOTOCOPIES AND FACSIMILES. Ail phofocopies, facsimiles and all other reasonable reproductions or duplications of this Advance Directive and Appointment of Health Care Agent after valid execution hereof, shall be as effective as the original. (E) SEVERABILITY. If any of the provisions of this Advance Directive and Appointment of Health Care Agent shall be invalid or unenforceable for any reason, then such invalidity shall not affect any of the other provisions herein contained, and such invalid or unenforceable provisions shall be wholly disregarded. (F) GOVERNING LAW. Ail questions pertaining to the validity, construction, interpretation and administration of this Advance Directive and Appointment of Health Care Agent shall be determined in accordance with the laws of tlhe State Of Maryland. By signing below, I indicate that I am emotionally and mentally competent to make this Advance Directive and Appointment of Health Care Agent and That I understand lzhe purpose and effect of this document. AS WITNESS my hand and seal this __~.~day of~~__ 20 ~ J~- ' , ~-.~'? '~--~.~ z~ (SEAL) EVERETT A. ST%RDEvAN~ - ~- The Declarant signed or acknowledged signing the foregoing Advance Directive and Appointment of Health Care Agent in my presence and based upon my personal observation appears to be a competent individual. WITNESS: 6 Name Address ./ , Address / ~!'Z~ ! 7 FULL AND FINAL RELEA~_~ FOR AND IN CONSIDERATION of the sum of ONE HUNDRED EIGHTY SEVEN THOUSAND, FIVE HUNDRED DOLLARS, ($187,$00.00) paid to the undersigned, receipt of which is hereby acknowledged; the undersigned do fully release and discharge SELECT MEDICAL CORPORATION AND SELECT SPECIALTY HOSPITAL.CAMP HILL and all other persons, associations and corporations whether or not named herein, her heirs, executors, administrators, successors, assigns and insurers, and her respective agents, servants and employees (hereafter referred to collectively as "Releasees"), from any or all causes of action, claims and demands of whatsoever kind on account of all known and unknown injuries, losses and damages allegedly sustained by the undersigned and, specifically, from any claims or joinders for sole liability, contribution, indemnity or otherwise as a result of, arising from, or in any way connected with all medical professional health care services rendered by the above named Health Care Provider(s), and on account of which Legal Action was instituted by the undersigned in the Court of Common Pleas of CumbeHand County, No. 03. 2500. All sums set forth herein constitute damages on account of physical injuries and sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. The undersigned does understand, and agrees that the acceptance of said sum is in full accord and satisfaction of a disputed cJaim and that the payment of said sum Js not an admission of liability by any party named herein. It is expressly understood and agreed that this release, and settlement is intended to cover and do cover not only all now known in}udes, losses and damages, but any fUllher injuries, losses and damages which adse from, or are related to, the occurrence set forth in the Legal Action noted above. The undersigned hereby agrees, on her behalf and on behalf of her heirs, executors, successors and/or assigns, to satisfy any and all liens that have been asserted and/or which could be or may be asserted for reimbursement of any medical benefits or other benefits provided to the undersigned by a third party as a result of the injudes claimed in the Legal Action referenced herein. Additionally, the undersigned hereby agrees, on her behalf and on behalf of her heirs,, executors, successors and/or assigns, to indemnify and save forever harmless the Releasees named in this document from and against any and all claims, demands or actio~s, known or unknown, made against the Releasees by any person or entity on accouter of, or in any manner related to or adsing from the Legal Action noted above. If this settlement is ever determined by any court to be without effect because some necessary court approval was not obtained, or if the released parties are subjected to further legal action or claim which could not have been instituted or presented had proper court approval been obtained by plaintiffs, then plaintiffs will indemnify the released parties for any future loss, cost, c,r expense, including, but not limited to, reasonable affomey's fees for defending, liti§lating and seffiing any such claims or action, and for any judgment resulting from any such claim or action. It is further understood and agreed that this is the complete release agreement, and that there are no written or oral understandings or agreements, directly or indirectly, connected with this release and settlement, that are not incorporated herein. This agreement shall be binding upon and inure to the successors, assigns, heirs, executors, administrators, and legal representatives of the respective parties hereto. It is further understood and agreed and made pa~t hereof, that the undersigned, her families and representatives and their attorney(s) shall not comment, either directly or indirectly, on any aspect of this case or settlement to any member of the news media, or in any way publicize or cause to be publicized in any news or communications media, including but not limited to newspapers, magazines, journals, radio, television, on-line computer systems and law-related publications, the facts of this case, the existence of this settlement and the terms and conditions of this seffiement. If the undersigned, her families, representatives and/or attorney(s) file any court document(s) identifying the terms and/or conditions of this settlement, they shall request that the court immediately seal such document(s) and take whatever reasonable steps are necessary to seek to assure that such document(s) are not accessible or disclosed to anyone. This paragraph is intended to become part of the consideration for settlement of this claim. THE UNDERSIGNED HEREBY DECLARES that the terms of this settlement have been completely read; and that she has discussed the terms of this settlement with legal counsel of her choice, and said terms are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims on account of the injuries and damages above-mentioned, and for the express purpose of precluding forever any further or additional suits arising out of the aforesaid claims. 3 IN WITNESS WHEREOF, I have hereunto set my hands and eeal this _ day of 2004. COLLEEN WRIGHT$ON, Admlnistratrlx of the Estate of EVERET? $TURDEVANT and COLLEEN WRIGHTSON, in her own Hght and ~OLLEEN WRIGHTSON, for HELEN STURDEVANT, under Power of Attorney Social Se; 'urity Number Sworn to and subscribed before me this _ . day of_, 2004. ._{SEAL) NOTARY PUBLIC CONTINGENT FEE AGREEMENT I, Cecilia Fleiseh, hereby constitute and appoint MARTIN S. KARDON, ESQUIRE of the law firm of KANTER, BERNSTE1N & KARDON as my attorney to prosecute a claim for negligence against Select Medical Corporation and Holy Spirit Health System. The cause of action arose on October 16, 2002. I agree that the compensation of my attorney for services shall be determined as follows: I do hereby agree that out of whatever sum is securer[ from the defendant by way of settlement or verdict, the said attorneys shall retain 40%; the expenses of suit, investigation and the fees of witnesses, if any, shall next be paid in full. I hereby authorized said attorneys to pay out of any proceeds received from settlement or trial, attorney fees and expenses, all unpaid balances for medical treatment or services made necessary by the injuries sustained in the accident, loans or any subrogation interest. 1F FOR ANY REASON, NO MONIES ARE RECOVERED BY SUIT OR SETTLEMENT, SAID ATTORNEYS ARE NOT TO HAVE ANY CLAIM AGAINST ME/US OF ANY KIND FOR THIZ;IR SERVICES RENDERED OR EXPENSES INCURRED. Said attorney shall not have the obligation to appeal a~ay adverse decision involving the above matter. Any appeal shall be at the sole discretion of KANTER, BERNSTEIN & KARDON, P.C. I agree that the employment of KANTER, BERNSTEIN & KARDON in this matter shall not be terminated without prior payment to said attorneys of counsel fees for professional services rendered and expenses incurred. Cecilia Fleisch in her own right //4~I hereby acknowledge receipt of a duplicate copy of this Contingent Fee Agreement. CONTINGENT FEE AGREEMENT I, Colleen Wrightson, Executor of the Estate of Everett Sturdevant hereby constitute and appoint MARTIN S. KARDON, ESQUIRE of the law firn~ of KANTER, BERNSTEIN & KARDON as attorney for the Estate of Everett Sturdevant to prosecute a survival action against Select Medical Corporation and Holy Spirit Health System. The cause of action arose on October 16, 2002. I agree that the compensation of my attorney for services shall be determined as follows: I do hereby agree that out of whatever sum is secured from the defendant by way of settlement or verdict, the said attorneys shall retain 40%; the expenses of suit, investigation and the fees of witnesses, if any, shall next be paid in full. I hereby authorized said attorneys to pay out of any proceeds received from settlement or trial, attorney fees and expenses, all unpaid balances for medical treatment or services made necessary by the injuries sustained in the accident, loans or any subrogation interest. IF FOR ANY REASON, NO MONIES ARE RECOVERED BY SUIT OR SETTLEMENT, SAID ATTORNEYS ARE NOT TO HAVE ANY CLAIM AGAINST ME/US OF ANY KIND FOR THEIR SERVICES RENDERED OR EXPENSES INCURRED. Said attorney shall not have the obligation to appeal arty adverse decision involving the above matter. Any appeal shall be at the sole discretion of KANTER, BERNSTEIN & KARDON, P.C. I agree that the employment of KANTER, BERNSTEIN & KARDON in this matter shall not be terminated without prior payment to said attorneys of counsel fees for professional services rendered and expenses incurred. Colleen Wrightson Executor of the Estate of Everett Sturdevant CONTINGENT FEE AGREEMENT I, Colleen Wrightson, by a Power of Attorney execnted by Helen Sturdevant hereby constitute and appoint MARTIN S. KARDON, ESQUIRE of the law firm of KANTER, BERNSTEIN & KARDON as her attorney to prosecute a claim for negligence against Select Medical Corporation and Holy Spirit Health System. The cause of action arose on October 16, 2002. I agree that the compensation of my attorney for services shall be determined as follows: I do hereby agree that out of whatever sum is securecl from the defendant by way of settlement or verdict, the said attorneys shall retain 40%; the expenses of suit, investigation and the fees of witnesses, if any, shall next be paid in full. I hereby authorized said attorneys to pay out of any proceeds received fi.om settlement or trial, attorney fees and expenses, all unpaid balances for medical treatment or services made necessary by the injuries sustained in the accident, loans or any subrogation interest. 1F FOR ANY REASON, NO MONIES ARE RECOVERED BY SUIT OR SETTLEMENT, SAID ATTORNEYS ARE NOT TO HAVE ANY CLAIM AGAiNST ME/US OF ANY KIND FOR THEIR SERVICES RENDERED OR EXPENSES iNCURRED. Said attorney shall not have the obligation to appeal any adverse decision involving the above matter. Any appeal shall be at the sole discretion of KANTER, BERNSTEiN & KARDON, P.C. I agree that the employment of KANTER, BERNSTEIN & KARDON in this matter shall not be terminated without prior payment to said attorneys of counsel fees for professional services rendered and expenses incurred. Colleen Wrightson cD for Helen Sturdevant by Colleen Wrightson under Power of Attorney CONTINGENT FEE AGREEI~[ENT I, Colleen Wrightson, hereby constitute and appoint MARTIN S. KARDON, ESQUIRE of the law firm of KANTER, BERNSTEIN & KARDON as my attorney to prosecute a claim for negligence against Select Medical Corporation and Holy Spirit Health System. The cause of action arose on October 16, 2002. I agree that the compensation of my attorney for services shall be determined as follows: I do hereby agree that out of whatever sum is secured from the defendant by way of settlement or verdict, the said attorneys shall retain 40%; the expenses of suit, investigation and the fees of witnesses, if any, shall next be paid in full. I hereby authorized said attorneys to pay out of any proceeds received from settlement or trial, attorney fees and expenses, all unpaid balances for medical treatment or services made necessary by the injuries sustained in the accident, loans or any subrogation interest. IF FOR ANY REASON, NO MONiES ARE RECOVERED BY SUIT OR SETTLEMENT, SAID ATTORNEYS ARE NOT TO HAVE ANY CLAIM AGAINST ME/US OF ANY KIND FOR THEIR SERVICES RENDERED OR EXPENSES INCURRED. Said attorney shall not have the obligation to appeal any adverse decision involving the above matter. Any appeal shall be at the sole discretion of KANTER, BERNSTE1N & KARDON, P.C. I agree that the employment ofKANTER, BERNSTEIN & KARDON in this matter shall not be terminated without prior payment to said attorneys of counsel fees for professional services rendered and expenses incurred. Colleen Wrightson In her own right I hereby acknowledge receipt ora duplicate copy of this Contingent Fee Agreement. KANTER, BERNSTEIN & KARDON, P.C. ATTORNEYS AT LAW SEYMOUR KANTI~R*** STEWART A. BERNST[:IN MARTIN S. KARDON* BRIAN P. PINCUS** *ALSO MEMBER OF NEW JERSEY AND MASS. BARS **AESO MEMBER OF NEW/£RSEY BAR ***OF COUNSEL www.kbklaw corn 1617 JOHN F. KENNEDY BOULEVARD SUITE 1150 PHILADELPHIA, PA 19703 (215) 568 5885 FAX: (215) 568 I294 MARTIN S. KARDON NI RESPONSIBk£ ATTORNEY 402 PARK BOULEVARD CHERRY HILL, N/ 08002 1 (856) 486-9559 c-mail: K~rdon(~,~kbklaw,com April 15, 2004 Fax 717 705-8150 Commonwealth of Pennsylvania Department of Public Welfare TPL Section - Casualty Unit P.O. Box 8486 Harrisburg, PA 17105 Attn: Barbara Fellows Re,' Estate of Everett Sturdevant CIS# 192-14-0560 Date of Incident: 10-16-2002 Dear Sir or Madam: As personal representative of the above estate, I am ]hereby requesting a statement of claim against the estate of this decedent. Please note that the following information is pertinent to this request: The decedent's name: Everett A. Sturdevant The decedent's last address: Nursing Home The decedent's date of birth: 1/19/23 The decedent's date of death: 10/18/02 The decedent's Social Security Number: 192-14-0560 The personal representative's name, address and telephone number: Colleen Wrightson, 214 Putter's Circle, Dillsburg, PA 17019 Written documentation of the gross value of the decedent's estate: none Kindly provide me the foregoing information as required under applicable State Regulations. MSK:ckw enclosure MARTIN S. KARDON KANTER, BERNSTEIN & KARDON, P.C. ATfORNEYS AT LAW SEYMOUR KANTI~R*** STEWART A. BERNSTEIN MARTIN S, IgkRDON* BRIAN P. HNCUS** *ALSO MEMBER O~ NEW JERSEY AND MASS. BARS **ALSO MEMBER OF NEW ;ERSEY BAR ***OF COUNSEL www.kbklaw.com August 14, 2003 1617 JOHN F. KENNEDY BOULEVARD SUITE 1150 PHILADELPHIA, PA 19103 (215) 56B-5885 FAX: (215) 568 1294 MARTIN S. KARDON N.t. RESPONSIBLE AFTORNEY 402PARKBOULEVARD CHERRY HILL, NJ08002 1 (8561486-9559 Mutual of Omaha Medicare Department P.O. Box 1602 Omaha, NE 68101 Re: Estate of Everett Sturdevant Social Security/Medicare No.192-14-0560 Date of Death: Dear Sir or Madam: I have been retained to represent the Estate of Everett Sturdevant for injuries identified as 10/16/02. I am enclosing a Consent to Release Form signed by Colleen Wrightson, the personal representative of the Estate and ask you to advise us as to the total amount of any claim against any recovery that we may obtain which your office intends to assert. Thank you for your attention to this matter. C~y~~,g~;ale~ga~~ for Martin S. Kardon, Esquire /ckw Enclosure MRR 0~ 2884 15:$9 FR MEDICR~E SECONDR~Y 482 $51 $521 TO ~121SS6812~4 P.01/05 I~rl A Phone MUTUAL OF OMAHA MErI,ICARE, PART A MEDICARE SECONDARY' PAYER UNIT TO: CO: DEPT: PHONE: FAX NO.: DATE: P,O. BOX 1602 OMAHA, NE 68101 CO: DEPT: MUTUAL OF OMAI-IA MEDICARE MEDICARE SECONDARY PAYER FAX N()~: (402) 351-3521 DESCRIPTION OF CONTENTS: CL PLEASE CALL (402) 35 I- IF ANY PAGES TRANSMISSION STOPS. THANK YOU. ARE NOT RECEIVED CLEARLy OR THE MAR 09 0004 16:00 FR MEDICARE SECONDARY 402 3S1 3521 TO 912155681294 P.02705 Mumat..~nma Meditate A~ea P,O. ~ox 1602 · Omaha, NE g~10l 402 351 3508 (~or Anomey/Im~r~ for Pre-,%rdemen0 A C~VI'$ Conr~a~ Intem~edh:T FILE COPY THIS COPY IS PROVIDED TO YOU FOR YOUR RECORDS. ACTUAL LETTER SENT TO: September 3, 2003 MR. MARTIN S KARDON 1617 JOHN F KENNEDY P/-m.ADELPHIA, PA 19103 Re: EVERETTE STURDEVANT HIC No.: 192140560A Date of Accidant: 10/16/02 De~r MR. KARDON: Enclosed is a copy of the Claim Reimbursement Summaxy which includes the total mounts paid by Medicare for each intermediary and carrier. These amounts are subject to change as more claims may process. When final settlement has been reached, please provide written documentation on your letterhead that includes the date of settlement, the total amount of settlement, the attorney fees (exact dollar amount) and percentage, and an itemization of other costs directly related to securing the settlement or judgment. Once we receive the statement, we will contact the other Medicare contractors involved for a final amount and then we will calculate the total Medicare payment to be repaid. Ifa liability insurer sends you a check intended to repay Medicm:e benefits and it is made payable to you, Medicare and other parties, Medicare cannot endorse the check and send it back to you. Federal regulations require that all other parties involved endorse the check first. Medicare will then deposit the check to satisfy the conditional payment and the remainder of the proceeds will be returned to you. MAR 09 2004 16:00 FR MEDICARE SECONDARY 402 351 ~521 TO 912155681294 P.03/05 2 Medicare will not provide updated amounts until we have received settlement information. However, Medicare beneficiaries do receive Medicare Summtc,~ Notices which may help you determine which claims have been paid by Medicare. Please keep in mind providers have up to two years fi:om the date of service to submit claims to Medicare for processing. If you have any questions, please contact mc at the number lislled below. Sincerely, Ashaki Cobb Recovery Analyst Medicare Secondary Payer (402) 351-4632 Fax (402) 351-3521 Business Hours 7:00 a.m. - 4:30 p.m. Monday-Priday Central Time gnc. MAR 09 2004 16:00 FR MEDICARE SECONDARY 402 351 3521 TO 912155681294 P.04/05 MEDICARE LIABILITY SETTLEMENT CLAIM REIMBURSEMENT SiJMMARY BENEFICIARY:EVERETTE ~TURDEVANT , HIC: 1192140560A DATE OF ACCIDENT OR INJURY: 10/16/02 1. Amount of Settlement: 2. Medicare Payments: Mutual of Omaha ,Medicare Part A HGS 00865 $0.00 $97.96 3. Total Medicare Payments: 4. Total Medicare Payment to be Repaid: (The lesser of Line 1 or Line 3) $97,96 $97~96 Please attach your sefflement statement MEDICARE - MUTUAL Of OMAHA $97.96 Federal Tax ID # 470246511 Please include the Beneficiary's name and HIC on the check If any questions should arise, please call: ASHAKI COBB at: 402-361.4632 First Worksheet Date: 0 SO×SO'd P6~I89SS~6 0± ~2~£ IS£ ~OP A2~W(]NOOBS 3~WDI(]BW ~ t0:9~ P00~ 60 4/23/2004 Martin S Ka~don, Esquf~e Kanter et al Suite 1150 1617 John F Kennedy Blvd, Philadelphia, PA 19103 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES ' DEPARTMENT 28060'1 HARRISBURG, PA 17128-0601 Telephone 717--783-0972 717-783-3467 (fax) ~dibert~state,na.us (e-mail) Estate. of Everett St~anleYa~ File Number: 6702-1740 Court Numbe~: Cumbefland-CC?-No, 03~2500 Dear Mr, Kardon: The Department of P. evenua has received the petition for Approval c,f Settlenaem Claim to be filed on behalf of the above-referenced Estate in regard to a wrong~ death and survival action, It has been forwarded to this Bureau for tire Comm.onwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the Petition, the 80 -year-old-decedent died as a result of a failure by the nursing home to properly care for tim decedent resulting in a fall by the decedent in his wheelchair down a set of steps,. Decedent is survived by the decedent's spouse and two adult issue. Please be advised that, based upon these facts and for inherltancc ta~ purposes only, dais Depar~ent has no objection to the proposed allocation of the net proceeds of this action, $ 88,371.98 to the w~ongful death claim and 22,093.66 to IEe survival claim. Proceeds cfa survival action are an a~set included ia the decedent's estate and ate subject tO the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302; 72 P,S. §§9106, 9107. Costs and fees must be deducted in the sanae percentage~ as the proceeds are allocated. ][x~e~Estate o£Merrvl'nan. 669 A,2d 1059 (Pa. Cmwlth. 1995). I ~ust that this letter is a sufficient representation of the Department's position on this matter, As the Department has ne objections to ~e Petition~ an attorney from the Dep~a~xenI of Revenue will not be attending any he~ing regarding it, Please contact me if you or the Court has any questlonz or requires anything adflit~enal fxom this Bureau. Finally, the approval of this allocation is limited to this estate and does not reflect the posit/on that the Dcparlrnent may take in ~ay other proposed distrfl3ution of proceeds of s wrongful death / survival action, ess & Trust Valuation Manager Inheritance Tax Division Bureau of Individual Taxc~ APR 3 0 2 04 KANTER, BERNSTEIN & KARDON, P.C. BY: MARTIN S. KARDON, ESQUIRE Attorney I.D. No:26759 1617 John F. Kennedy Boulevard, Suite 1150 Philadelphia, Pennsylvania 19103 (215) 568-5885 Attorney for Plaintiffs Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own fight and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and .Holy Spirit Health System d/b/a Holy Spirit Hospital COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-2500 ORDER APPROVING SETTLEMENT AND NOW this q ~ day of D~,~ ~ 2004 upon consideration of the Petition for Settlement of Wrongful Death and Survival Action and for 1Jae Apportionment of Settlement Proceeds it is hereby ORDERED AND DECREED that Petitioner is authorized to enter into the settlement with defendants for a gross sum of One Hundred Eighty-Seven Thousand Five Hundred Dollars ($187,500.00). Defendant shall forward all settlement drafts to Petitioner's Counsel for proper distribution. The settlement funds shall be allocated as follows: TO: Helen Sturdevant, beneficiary under Pennsylvania Wrongful Death Statute: $ 88,327.58 TO: The Estate of Everett Sturdevant: $ 22,081.90 TO: KANTER, BERNSTEIN & KARDON, P.C. Reimbursement of Costs: $ 3,447.20 Attorney Fees: $73,621.12 Counsel shall not distribute any funds to the said Executor until additional security as may be required by the Register of Wills of York County puxsuant to 20 Pa.C.S. 3323(b)(3) is posted. Distribution to decedent's estate shall be made into a interest bearing escrow account held by counsel from which any liens payable to Medi[care or the Commonwealth of Pennsylvania for taxes or Department of Public Welfare liens shall be satisfied before final distribution to decedent's heirs. Within sixty (60) days from the date of the Decree, counsel for Petitioner shall file an Affidavit of Compliance with the Prothonotary certifying compliance with this Order. The Affidavit shall bear the caption of the case and shall contain the Court term and number. The allocation authorized in this Order is without prejudice to the Pennsylvania Department of Revenue to challenge the allocation and pursue any further inheritance tax matter against the Estate. Counsel is directed to serve a copy of the Petition and Order on the Pennsylvania Department of Revenue. 06.0 - BY THE COURT: KANTER, BERNSTEIN & KARl}ON, P.C. BY: MARTIN S. KARDON, ESQUIRE I.D. No. 26759 Attorney for Plaintiff Suite 1150, 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 568-5885 Colleen Wrightson, Administratrix of the Estate of Everett Sturdevant and Colleen Wrightson in her own fight, and Helen Sturdevant by Colleen Wrightson under Power of Attorney Select Medical Corporation and Select Specialty Hospital - Camp Hill and Holy Spirit Health System d/b/a Holy Spirit Hospital Court of Common Pleas Cumberland County No: 03-2500 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned case against the defendant Settled, Discontinued and Ended upon the payment of your costs only. ~~ BEiNSTEIN~& MARTIN S. KARDON, ESQUIRE Attorney for Plaintiff KARDON, P.C.