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HomeMy WebLinkAbout03-2705 MIL TON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CENTER Defendants NO. a3 - 0l7OS Ql~L <-y-~ JURY TRIAL DEMANDED NOTICE TO DEFEND TO: J. Craig Jurgensen, MD 850 Walnut Bottom Road Carlisle, P A 17013 -and- Belvedere Medical Center 850 Walnut Bottom Road Carlisle, P A 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Document #: 262816-1 MIL TON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CENTER Defendants NO. JURY TRIAL DEMANDED NOTICIA TO: J. Craig Jurgensen, MD 850 Walnut Bottom Road Carlisle, P A 17013 -and - Belvedere Medical Center 850 Walnut Bottom Road Carlisle, P A 17013 LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE 9PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 or (800) 990-9108 Document #: 262816wj MIL TON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CENTER Defendants NO. 03 - ~?Q$ ~;o'~L~~ JURY TRIAL DEMANDED COMPLAINT And now, comes the Plaintiffs, Milton and Ruth Brunner, by and through their counsel, Metzger, Wickersham, Knauss & Erb, P.C., and aver the following: 1. Plaintiffs Milton and Ruth Brunner, husband and wife, are adult individuals currently residing at 2308 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Defendant J. Craig Jurgensen, MD, ("Dr. Jurgensen") is a physician duly licensed to practice medicine in the Commonwealth of Pennsylvania, specializing in internal medicine/neurology. Plaintiffs are asserting a professional liability claim against this Defendant. 3. Defendant Belvedere Medical Center is a professional corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania and is engaged in the business of providing health care services to the public, maintaining a principal place of business at 850 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 4. At all relevant times set forth herein, Dr. Jurgensen was an agent, ostensible agent, employee, servant, officer and/or director of Belvedere Medical Center, utilizing its facilities. 262816-1 5. On October 21, 2001, Plaintiff Milton Brunner fell at his home and suffered an injury to his left ankle. 6. On October 23, 2001, Plaintiff Milton Brunner presented at Defendant Belvedere Medical Center for an examination of his injured left ankle. 7. On October 23,2001, Plaintiff Milton Brunner was examined and treated for his i~ured left ankle by Defendant Dr. Jurgensen. 8. On October 23,2001, Dr. Jurgensen obtained an verbal history of the injury from Plaintiff Milton Brunner and performed a physical examination of the injured left ankle. Dr. Jurgensen noted that Plaintiff Milton Brunner had suffered an injury to the left ankle as a result of the fall on October 21,2001 and, Dr. Jurgensen observed swelling, tenderness, and echomysis of Plaintiff Milton Brunner's left ankle. 9. On October 23, 2001, following his physical examination of Plaintiff Milton Brunner's injured left ankle, Dr. Jurgensen diagnosed Plaintiff Milton Brunner as having suffered a sprain of the left ankle and prescribed rest and elevation for the injury as well as prescribing an Ace Bandage to wrap the injured left ankle. 10. Dr. Jergensen reached his diagnosis of a left ankle sprain and prescribed the conservative treatment for Plaintiff Milton Brunner without obtaining an x-ray of the injured left ankle. 11. Plaintiff Milton Brunner was known to the physicians and staff of Belvedere Medical Center as suffering from Type II diabetes and diabetic peripheral neuropathy, a condition which decreases Plaintiff's ability to sense and respond to pain. -2- Document #: 262816.1 12. Plaintiff Milton Brunner was known to the physicians and staff of Belvedere Medical Center as a patient being treated with steroids and, as a result, significantly decreasing the strength of his bones. 13. On November 2,2001, as Plaintiff Milton Brunner was walking in his home, he suffered the loss of support in his left ankle. 14. On November 2, 2001, Plaintiff Milton Brunner presented at the Carlisle Regional Medical Center and three views of his left ankle were obtained. The studies revealed complex fractures of the distal tibia and fibula. IS. Because of the serious nature of the injury to Plaintiff Milton Brunner's left ankle, on November 3, 2001, Dr. John Rogers, MD, ("Dr. Rogers") performed an open reduction and internal fixation for the left ankle plafond fracture. 16. On November 6, 2001, following the internal fixation of the left ankle fracture, Plaintiff Milton Brunner was discharged from the Carlisle Regional Medical Center. 17. Following his discharge from the Carlisle Regional Medical Center, Plaintiff Milton Brunner developed a fever and increasing drainage from the medial aspect of the wound. 18. On November 14, 2001, Plaintiff Milton Brunner was re-admitted to the Carlisle Regional Medical Center for post-operative infection and for the presence of an ulcer on his left ankle. 19. On November 14, 2001, Plaintiff Milton Brunner was re-examined by Dr. Rogers; Dr. Rogers re-admitted Plaintiff to the Carlisle Regional Medical Center. 20. On November 14, 2001, an x-ray was performed on Plaintiff Milton Brunner's surgically repaired left ankle revealing mechanical failure of the medical malleolar screws. - 3 - Document #: 2628/6.1 21. On November 21, 2001, Plaintiff Milton Brunner was discharged from the Carlisle Regional Medical Center. 22. On November 27,2001, Plaintiff Milton Brunner was re-admitted to the Carlisle Regional Medical Center suffering from cellulitis and an abscess of the left foot. 23. On November 30, 2001, Dr. Rogers surgically removed the hardware from Mr. Brunner's left ankle and permitted the ankle to drain. At the time of the procedure, a Hickman catheter was placed in Plaintiff Milton Brunner's leg. 24. On December 7, 2001, Plaintiff Milton Brunner continued to suffer from a severe infection to his surgically repaired left ankle and Dr. Rogers performed a left below-the-knee amputation. 25. On December 10,2001, Plaintiff Milton Brunner underwent a surgical procedure to remove the Hickman catheter from his leg. 26. On December 14, 2001, Plaintiff Milton Brunner was transferred to the rehabilitation unit of the Carlisle Regional Medical Center and discharged home on December 22, 2001. 27. On January I, 2002, Plaintiff Milton Brunner had to return to the Carlisle Regional Medical Center where he underwent the surgical evacuation of a hematoma near his wound as well as the irrigation and debridement ofthe wound. 28. On January 3, 2002, Plaintiff Milton Brunner again returned to Carlisle Regional Medical Center and underwent surgery for cleansing and closure of the wound. 29. Following the January 3, 2002 procedure to close the amputation wound, Plaintiff Milton Brunner was transferred to the inpatient rehabilitation unit on January 4, 2002 and discharged on January 18,2002. -4- Document #: 2628/6.1 30. Since his discharge on January 18, 2002, Plaintiff Milton Brunner continues to follow-up with his medical providers, has required extensive rehabilitation, and has received home nursing care. COUNT I - NEGLIGENCE Plaintiff Milton Brunner v. Defendant J. Crail!: Jurl!:ensen. MD 31. Paragraphs I through 30 hereof are incorporated herein by reference as if fully set forth. 32. Dr. Jurgensen held himself out to the public and to Plaintiff in particular to be a physician who possesses a skill and knowledge in the specialty of internal medicine and neurology. 33. Dr. Jurgensen failed to exercise the judgment of a reasonable physician such as required under the circumstances, breached his duty of care to Plaintiff, deviated from the standards of care in his specialties of internal medicine and neurology, was negligent and increased the risk of harm in the following manner: (a) Failing to diagnose a fracture of the left ankle on October 23, 2001; (b) Misdiagnosing Plaintiff Milton Brunner on October 23, 2001 by failing to order, review, and interpret an x-ray of Plaintiff Milton Brunner's injured left ankle on October 23,2001; (c) Failing to use available diagnostic testing; (d) Failing to perform an adequate and proper physical examination of Plaintiff Milton Brunner's left ankle on October 23, 2001; (e) Failing to take a proper medical history from Plaintiff Milton Brunner on October 23,2001; (f) Failing to properly diagnose and treat Plaintiff Milton Brunner's medical condition on October 23,2001; - 5 - Document #: 262816.1 (g) Failing to properly consider Plaintiff Milton Brunner's risk factors, his prior medical condition and medical history when examining and treating Plaintiff Milton Brunner (h) Failing to provide Plaintiff Milton Brunner proper discharge instructions regarding walking and weight-bearing on his foot; (i) Failing to properly take into account Plaintiff Milton Brunner's medical history, including but not limited to, Plaintiffs steroid use and diabetic peripheral neuropathy when evaluating Plaintiff's ankle injury on October 23, 2001; G) Failing to consult with Plaintiff Milton Brunner's regular treating doctor; (k) Failing to consult and/or refer Plaintiff Milton Brunner to a specialist who could diagnose and treat Plaintiff's injury; and (I) Diagnosing Plaintiff Milton Brunner with an ankle sprain without performing further testing, utilizing diagnostic tools, taking a proper history, performing a proper physical examination, failing to refer to his past medical records and learn of Plaintiff's preexisting medical conditions. 34. As a direct and proximate result of the conduct set forth, Plaintiff Milton Brunner has suffered as follows: (a) Extended pain and suffering due to the failure to diagnose and treat Plaintiff Milton Brunner's condition; (b) Catastrophic failure of his left ankle mortis and bones; (c) Painful and unoecessary procedure of an open reduction and internal fixation for a left ankle fracture; (d) Confinement to the hospital for the internal fixation of his ankle fracture and for infections following the procedure; (e) Post-operative infection and ulcer of the left ankle; -6- Documenl#:2628/61 (f) Painful and unnecessary surgical procedure to remove the hardware placed in his left ankle during the surgical procedure for the internal fixation of his fracture. (g) A below-the-knee amputation of his left leg; (h) Following the left below-the-knee amputation, Plaintiff Milton Brunner underwent extensive physical therapy and rehabilitation; (i) Medical bills and expenses; (j) Loss of wages and future wage loss, diminished earning capacity and loss of productivity; (k) Loss of life's enjoyment, denial of social pleasures, mental anguish and emotional distress, past and future pain and suffering; (I) Extensive scarring and disfigurement; (m) Incidental costs; and (n) Humiliation, embarrassment, limitation in daily activities, and such other damages as are permitted by law. WHEREFORE, Plaintiff Milton Brunner demands judgment against the Defendant 1. Craig Jurgensen, MD, either individually and/or jointly and severally, for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. COUNT II - VICARIOUS LIABILITY Plaintiff Milton Brunner v. Defendant Belvedere Medical Center 35. Paragraphs 1 through 34 hereof are incorporated herein by reference as if fully set forth. 36. At all times material hereto, Dr. Jurgensen was an agent, ostensible agent, employee, servant, officer, and/or director of Defendant Belvedere Medical Center. - 7 - Document #: 262816.1 37. At all times material hereto, Dr. Jurgensen was acting III the scope of his employment as an authorized agent, employee, servant, and/or ostensible agent of Defendant Belvedere Medical Center. 38. Defendant Belvedere Medical Center is vicariously liable for the negligent acts, commissions, and/or omissions of Dr. Jurgensen as though Defendant Belvedere Medical Center performed the acts, commissions and/or omissions itself. WHEREFORE, Plaintiff Milton Brunner demands judgment against Defendant Belvedere Medical Center, either individually and/or jointly and severally, for the aforesaid damages in an amount that exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and cost of prosecution. COUNT III - LOSS OF CONSORTIUM Plaintiff Ruth Brunner v. Defendant J. Crail! Jurl!ensen. MD 39. Paragraphs 1 through 38 hereof are incorporated herein by reference as if fully set forth. 40. During all relevant times, Plaintiffs Milton and Ruth Brunner were husband and wife and as a result of the aforesaid negligence of Defendant, J. Craig Jurgensen, MD, and Milton Brunner's injuries/damages therefrom, Plaintiff, Ruth Brunner, has been deprived of the assistance, companionship, consortium, services, and society of her husband, all to her great loss and detriment which may continue indefinitely. WHEREFORE, Plaintiff, Ruth Brunner, demands judgment against Defendant, 1. Craig Jurgensen, either individually and/or jointly and severally, for the aforesaid damages in an amount - 8 - Document #: 262816.J that exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. COUNT IV- LOSS OF CONSORTIUM Plaintiff Ruth Brunner v. Defendant Belvedere Medical Center 41. Paragraphs I through 40 hereof are incorporated herein by reference as if fully set forth. 42. During all relevant times, Plaintiffs Milton and Ruth Brunner were husband and wife and as a result of the aforesaid negligence of Defendant, Belvedere Medical Center, and Milton Brunner's injuries/damages therefrom, Plaintiff, Ruth Brunner, has been deprived of the assistance, companionship, consortium, services, and society of her husband, all to her great loss and detriment which may continue indefinitely. WHEREFORE, Plaintiff, Ruth Brunner, demands judgment against Defendant, Belvedere Medical Center, either individually and/or jointly and severally, for the aforesaid damages in an amount which exceed the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: June 6, 2003 By: ~/_ J Clark DeVere, Esquire Attorney LD. No. 68768 Francis J. Lafferty, IV, Esquire Attorney J.D. No. 84009 Andrew W. Norfleet, Esquire Attorney LD. No. 83894 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiffs -9- Document #: 2628/6.1 VERIFICATION I, Milton Brunner, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which 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 of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: June 6, 2003 '1V\~ Milton Brunner Brv.,_~~ - Document #: 228785. } VERIFICATION I, Ruth Brunner, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which 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 of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: June 6. 2003 ~~ Ruth Brunner Document#:2287851 ~~~ CI'l (:; !t? 0 > J~~ ~ n ~_,~ c ~; r" - :' 9 -::. -' (n ~ MIL TON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CENTER Defendants NO. 03 - J..7QS C,:"~L't~ JURY TRIAL DEMANDED Certificate of Merit as to Belvedere Medical Center I, Clark DeVere, certify that: o 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 this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR X the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard 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 and that such conduct was a cause in bringing about the harm; OR o expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: 0-~-O 3 (Attorn~~~ark DeVere, Esquire Attorney For Plaintiffs Document #: 2628}6~J MIL TON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW C,~~t ~ J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CENTER Defendants NO. 0.3 - ~ 'lQ$ JURY TRIAL DEMANDED Certificate of Merit as to J. Craie: Jure:ensen, M.D. I, Clark DeVere, certify that: X 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 this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR o the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard 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 and that such conduct was a cause in bringing about the harm; OR o expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: &, -~ .-0 3 r'a.~ (Attorney or Party) - Clark DeVere, Esquire Attorney For Plaintiffs Documenl #: 262816-1 CASE NO: 2003-02705 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRUNNER MILTON ET AL VS JURGENSEN J CRAIG MD ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE JURGENSEN J CRAIG MD was served upon DEFENDANT , at 1104:00 HOURS, on the 11th day of June at 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 AMANDA RAND, RECEPTIONIST, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31. 45 Sworn and Subscribed to before me this ,;2.{} ~ day of (}...., _ dtJv..3 A.D. (l L._ o.rn.')JL,j ~Qm;;;\ '-1P1'othonotary ,-r-J So Answers: ?'~~ R. Thomas Kline 06/11/2003 METZGER WICKERSHAM By: 7~:dty ~;;Pff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02705 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRUNNER MILTON ET AL VS JURGENSEN J CRAIG MD ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BELVEDERE MEDICAL CENTER the DEFENDANT , at 1104:00 HOURS, on the 11th day of June , 2003 at 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to AMANDA RAND, RECEPTIONIST, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 -'? "'" ,~"""f~fit";.."".. ~ ~~ V'~ T -.., :C:'~>f "'~~~"f'~~...~.e~d R. Thomas Kl ine"/ . 06/11/2003 METZGER WICKERSHAM Sworn and Subscribed to before By: ~~p~ s1!e~f <0:' me this d.b ~ day of ~ :20V3 . A.D. Ckth0nj:a4:~~ MILTON BRUNNER AND RUTH BRUNNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CASE NO. 03-2705 v. J. CRAIG JURGENSEN, M.D. AND BELVEDERE MEDICAL CENTER, CIVIL ACTION Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or judgment may be entered against you. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By: ~&if~' Matthew E. Hamlin, Esquire Supreme Ct. J.D. # 86142 126-128 Walnut Street Harrisburg, PA 17101 Date: '7'"",,;2.7;2<;CQ , Attorneys for Defendants, J. Craig Jurgensen, M.D. and Belvedere Medical Corporation MILTON BRUNNER AND RUTH BRUNNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CASE NO. 03-2705 v. J. CRAIG JURGENSEN, M.D. AND BELVEDERE MEDICAL CENTER, CIVIL ACTION Defendants JURY TRIAL DEMANDED ANSWER AND NEW F DEFEND~S, J. CRAIG JURGENSEN, M.D. AND B DERE MEDICAL CORPORATION, TO PLAlNTu'I''S' COMPLAINT AND NOW, comes the Defendants, J. Craig Jurgensen, M.D. and Belvedere Medical Corporation (incorrectly identified as Belvedere Medical Center in the caption) (hereinafter, collectively, "Answering Defendants"), by and through their attorneys, Hartman, Osborne & Rettig, P.C., and respond to Plaintiffs' Complaint as follows: ANSWER I. After reasonable investigation, Answering Defendants lack knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph I of Plaintiffs' Complaint. These averments are therefore denied, and strict prooftheroofis demanded at trial. 2. Admitted insofar as Answering Defendant, J. Craig Jurgensen (hereinafter "Dr. Jurgensen"), is a physician duly licensed in the Commonwealth of Pennsylvania speCializing in internal medicine/neurology, but denies the characterization of Plaintiffs' claim since the Complaint speaks for itself. 3. Denied 4. Denied. 5. After reasonable investigation, Answering Defendants lack knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 5 of Plaintiffs' Complaint. These averments are therefore denied, and strict proof thereof is demanded at trial. 6. Denied. 7. Admitted. 8. Admitted that Dr. Jurgensen obtained a verbal history from Plaintiff, Milton Brunner, on October 23, 2001, that verbal history being set forth in the medical record along with some of Dr. Jurgensen's observations which speak for themselves, but denies the averments of Paragraph 8 of the Plaintiffs' Complaint that seek to characterize or limit Dr. Jurgensen's findings and observations. 9-12. The averments set forth in Paragraphs 9 through 12 of Plaintiffs' Complaint are conclusions oflaw or fact to which no response is required. To the extent that responses are deemed necessary, the averments are denied pursuant to Pa.R.C.P. 1029(e). 13-30. After reasonable investigation, Answering Defendants lack knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraphs 13 through 30 of Plaintiffs' Complaint. These averments are therefiJre denied, and strict proof thereof is demanded at trial. -2- COUNT I Plaintiff Milton Brunner v. Answerinl! Defendant. Dr. Jurl!ensen 31. Paragraphs I through 30 set forth above are incorporated herein by reference. 32-34. The averments set forth in Paragraphs 32 and 34 of Plaintiffs , Complaint are conclusions oflaw or fact to which no response is required. To the extent that responses are deemed necessary, the averments are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant, J. Craig Jurgensen, M.D., demands that judgment be entered in his favor and against Plaintiffs and all other parties, and that Plaintiffs' Complaint be dismissed with prejudice and costs of this action. COUNT II Plaintiff Milton Brunner v. Answerinl! Defendant. Belvedere Medical Center 35. Paragraphs I through 34 set forth above are incorporated herein by reference. 36-37. Denied. 38. The averments set forth in Paragraph 38 of Plaintiffs' Complaint are conclusions oflaw or fact to which no response is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant, Belvedere Medical Corporation, demands that judgment be entered in its favor and against Plaintiffs and all other parties, and that Plaintiffs' Complaint be dismissed with prejudice and costs of this action. COUNT III Plaintiff Ruth Brunner v. Answerine Defendant. Dr. Jurl!ensen 39. Paragraphs I through 38 set forth above are incorporated herein by reference. -3- 40. The averments set forth in Paragraph 40 of Plaintiffs' Complaint are conclusions oflaw or fact to which no response is required. To the extent that responses are deemed necessary, the averments are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant, J. Craig Jurgensen, demands that judgment be entered in his favor and against Plaintiffs and all other parties, and that Plaintiffs' Complaint be dismissed with prejudice and costs of this action. COUNT IV Plaintiff Ruth Brunner v. Answerinl! Defendant. Belvedere Medical Center 41. Paragraphs I through 40 set forth above are incorporated herein by reference. 42. The averments set forth in Paragraph 42 of Plaintiffs' Complaint are conclusions oflaw or fact to which no response is required. To the extent that a response is deemed necessary, the averments are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant Belvedere Medical Corporation, demands that judgment be entered in its favor and against Plaintiffs and all other parties, and that Plaintiffs' Complaint be dismissed with prejudice and costs of this action. NEW MATTER 43. The averments set forth in Plaintiffs' Complaint fail to state a claim or cause of action against Answering Defendants upon which relief may be granted. 44. If Plaintiffs suffered injuries and damages as a result of the actions or inactions of individuals or entities, as alleged in Plaintiffs' Complaint, such actions or inactions were of individuals or entities other than Answering Defendants', their agents, servants and/or employees, and over whom Answering Defendants never exercised, nor had the right or duty to -4- exercise, control, and for whose actions or inactions Answering Defendants are not responsible or otherwise legally liable. 45. At all material times, Answering Defendant, Dr. Jurgensen, conformed his conduct to the state of medical knowledge, common and accepted procedures in the medical profession, state of the art of medical practice and all other available information in response to any existing and ascertainable condition of Milton Brunner. 46. Any claim or cause of action set forth in Plaintiffs' Complaint is barred by the applicable statute of limitations, including specifically, but not limited to, any claim or cause of action, which by reason of lack of specificity of pleading, is not directly and specifically set forth in the language of Plaintiffs' Complaint but which Plaintiffs seek to raise at a later time by further amendment, claiming to have preserved such claim or cause of action within Plaintiffs' Complaint. 47. Any claim or cause of action set forth in Plaintiffs' Complaint is barred by operation of the contributory/comparative negligence of Plaintiffs, as may be developed during discovery. 48. Any claim or cause of action set forth in Plaintiffs' Complaint is barred by operation of assumption of the known risk by Plaintiffs, as may be developed during discovery. 49. The "two schools of thought" doctrine applies to Dr. Jurgensen's care and treatment of the Plaintiff, Milton Bruner, as may be developed during discovery. 50. Plaintiffs' claims are barred in their entirety by the expiration of the statute of limitations, and the discovery rule is inapplicable to the toll the statute oflimitations under the circumstances of this claim. -5- 51. At all times relevant herein, Dr. Jurgensen acted appropriately and in a fashion commensurate with the standard of health care applicable under the circumstances. 52. Dr. Jurgensen did not negligently cause or negligently contribute to cause any injury or damage to Plaintiffs. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By: ~ ~rIftr,.tv: Matthew E. Hamlin, Esquire Supreme Ct. J.D. # 86142 126-128 Walnut Street Harrisburg, P A 1710 I Date: 7".,.; ill, ~03 Attorneys for Defendants, J. Craig Jurgensen, M.D. and Belvedere Medical Corporation -6- VERIFICATION I, J. Craig Jurgensen, M.D., hereby verity and state that the facts set forth in the foregoing ANSWER AND NEW MATTER OF DEFENDANTS, J. CRAIG JURGENSEN, M.D. AND BELVEDERE MEDICAL CENTER, INC., TO PLAINTIFFS' COMPLAINT are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S,A. Section 4904 relating to unsworn verification to authorities. Dated! . v 7G 7c/c)~ ---4.iJAJ V J. Crai IH.. ~7 2UU~ FRl t).'j:[iO F:\X 7172323538 Hart.lllan Osborn~ & Ret'tlg ~1I0~31(123 ......r..=.. VE~JCATlON -. I, Georgc P. Branscum, M.D., Pn:sident ofBelvcd<:t'e Medical COrpOf"4tioD, hcreby verify and stale that thc facts set furth in the foregoing ANSWER AND NEW MATIER 01< DEFENDANTS, J. CRAIG JURGENSEN, M.D. AND BF.LVEDERE MEDICAL CORPORATION, TO PLAINTIFFS' COMPLAINT are tnle and (;orre<:l to the best of my information, knowledge and bclid'. I understand that false statemcnls herein arcmadc subject 10 the penalties of J 8 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Belvedere Medica.! Corporation Datcd:~l::Ll("'~,_ BY' ~.P.~~~~ George P. Branscum, M.D., President ~6'd lLlL~t><:LIL=al ~HOH 3D3~1~~~Hd ^~IH~a .1.<::66 ~6-L<:-96 CERTIFICATE OF SERVICE I, Matthew E. Hamlin, Esquire, hereby certity that I am this day serving a copy ofthe foregoing document upon the person(s) 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, first-class postage prepaid, as follows: Clark DeVere, Esquire Metzger, Wickersham, Kanuss & Erb, P.C. P.O. Box 5300 Harrisburg, P A 1711 0-0300 (Counsel for Plaintiffs) HARTMAN, OSBORNE & RETTIG, P.C. Dated: :T~ ;l ~ oUJ(}i$ By: H~' .F.lfa-k' Matthew E. Hamlin, Esquire (') C> 0 C w '" ;!: i=:: .-j "'D'''" -n m~-;:1 ;-e ,'d r== Z Uj', ~.;nl 655;: ~ 0 '.'Y ~<:, ':::~3c) ~-' ,-.'''r, ~f~~j -'-""1 3: ~?(~ ,,-,'hi 5>~~ ~ 0 ._~ -~ :.n :ii -< +" -< MIL TON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CORPORATION: Defendants NO. 03-2705 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 43. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.c.P. No. 1029(e). By way of further reply, Plaintiffs' Complaint states claims and causes of action against answering Defendants upon which relief can be granted. Answering Defendants have not filed any Preliminary Objections to the Complaint and Plaintiffs incorporate herein by reference their Complaint filed in this action. 44. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiffs sustained the injuries and damages as a result of the actions and/or inactions of answering Defendants, their agents, servants and/or employees as set forth in Plaintiffs' Complaint which is incorporated herein by reference. As for the identity of any other involved individuals or entities, answering Defendants have failed to identity such other individuals or entities and therefore Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments. 283935-1 45. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant Dr. Jurgensen was negligent, committed medical malpractice and is liable for the reasons set forth in the Complaint filed in this action which is incorporated herein by reference. 46. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiffs' claims were filed within the applicable statute of limitations and timely served. Plaintiffs also preserve the right to raise the discovery rule to the extent it applies in this action. Moreover, answering Defendants have not filed any Preliminary Objections to the Complaint which they had an opportunity to do so. 47. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiffs were not contributorily or comparatively negligent in any manner and answering Defendants have failed to specify how Plaintiffs would have been contributorily or comparatively negligent. 48. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiffs did not assume any risk and their claims and/or cause of action are not barred by the operation of any such doctrine. Moreover, the answering Defendants have failed to specify what risk Plaintiffs assumed and how it would act to "bar" their claims. 49. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant Dr. Jurgensen was in breach of the applicable standard of care as set forth in the -2- 283935-1 Complaint filed in this action which is incorporated herein by reference. In addition, there is no second school of thought applicable to the issues presented in this case and answering Defendants have failed to specity what school of thought they are asserting. 50. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiffs' claims were filed within the applicable statute of limitations and timely served. Plaintiffs also preserve the right to raise the discovery rule to the extent it applies in this action. Moreover, answering Defendants have not filed any Preliminary Objections to the Complaint which they had an opportunity to do so. 51. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant Dr. Jurgensen was negligent, committed medical malpractice and is liable for the reasons set forth in the Complaint filed in this action which is incorporated herein by reference. 52. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant Dr. Jurgensen was negligent, committed medical malpractice and is liable for the reasons set forth in the Complaint filed in this action which is incorporated herein by reference. Defendant Dr. Jurgensen's actions and/or omissions as set forth in the Complaint which is - 3 - 283935-1 incorporated herein by reference caused and did result in the injury or damages to Plaintiffs as set forth more fully in the Complaint. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By: /~ -::::,/ Clark DeVere, Esquire Attorney J.D. No. 68768 Francis J. Lafferty, IV, Esquire Attorney J.D. No. 84009 Andrew W. Norfleet, Esquire Attorney J.D. No. 83894 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: 7- /0_ 0 ~ -4- 283935-1 VERIFICATION I, Milton Brunner, hereby certity that the following is correct: The facts set forth in the foregoing Plaintiffs' Reply to Defendants' New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs' Reply to Defendants' New Matter is that of counsel and not my own. I have read the Plaintiffs' Reply to Defendants' New Matter, and to the extent that it is based upon information which 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 of the Plaintiffs' Reply to Defendants' New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs' Reply to Defendants' New Matter are made subject to the penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. Dated: July 10. 2003 ~dt-~ t,~A<h", p/- Milton Brunner 283935-1 VERIFICATION I, Ruth Brunner, hereby certity that the following is correct: The facts set forth in the foregoing Plaintiffs' Reply to Defendants' New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs' Reply to Defendants' New Matter is that of counsel and not my own. I have read the Plaintiffs' Reply to Defendants' New Matter, and to the extent that it is based upon information which 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 of the Plaintiffs' Reply to Defendants' New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs' Reply to Defendants' New Matter are made subject to the penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. Dared: July 10, 2003 '--'~ ~ Rutli runner 283935-1 CERTIFICATE OF SERVICE AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certity that I served the foregoing Plaintiffs' Reply to Defendants' New Matter this day by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: J. Craig Jurgensen, M.D. and Belvedere Medical Corporation c/o Matthew E. Hamlin, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 ~M- Clark DeVere, Esquire Dated: July 10, 2003 283935-1 () CJ 0 C C-J -, I Z (.::= O:J If: ni [,j - -7 ~; ~ 0' r~ f. -V .,~ :]~ ....,-. ~) )> => ~J.'J f0 -< Ill) 27 zn03 FRI n.'j: 50 FAX 7172323538 Hartman Osborne & Rettig I4J 023 .'1'23 03 - tA~ Ciull~l-r'\ VERlF1CATlON I, George P. Branscum, M.D., President of Belvedere Medical Corporation, hereby verify and state that thc facts set forth in the foregoing ANSWER AND NEW MATTER OJ!' DEFENDANTS, J. CRAIG JURGENSEN, M.D. AND BELVEDERE MEDICAL CORPORATION, TO PLAINTIFFS' COMPLAINT are true and correct to the best of my information, knowledge and belief. I understand that false statements herein arcmadc subject to the penalties of 18 Pa. C.S,A. Section 4904 Telating to unsworn verification to authorities. Belvedere Medical Corporation Datcd: L{.Br",~ By: ~. p. ~'---~ George P. Branscum, M.D., Prcsjdent 05-27-03 08:45 RECEIVED FROH:7I72323S38 P.23 (') CJ 0 C L> 'On ~:: <- -0 C" c:= :!J ,. fT1 fT' r- r-- Z , ,-" -, . ':'j (;~ .....:.. " S;! .. -}S r-:: ~ , -,.-~ .. , C'-) L~. , en >~, :"..,) ._, ~'" :.n SJ (n -< '\ ,r', ~"~ if '..' MILTON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CENTER Defendants NO. 03-2705 CIVIL TERM JURY TRIAL DEMANDED STIPULATION TO CORRECT SPELLING OF PARTY'S NAME It is hereby STIPULATED and AGREED by and among the parties to the above- captioned matter through their undersigned counsel that the caption, Complaint and all filings in this case action are to be amended to reflect the correct spelling of Defendant Belvedere Medical Corporation from "Belvedere Medical Center" to "Belvedere Medical Corporation." Counsel for Belvedere Medical Corporation on behalf of its client has confirmed that Belvedere Medical Corporation was the professional group with which Plaintiff Milton Brunner received treatment during the dates set forth in the Complaint filed in this action and also was the employer of co- Defendant J. Craig Jurgensen, M.D. during those time periods. The undersigned counsel on behalf of the parties represented stipulate and agree that the claims against Belvedere Medical 283930-1 Corporation were timely filed and legal process served within the applicable statute of limitations. Dated: Jv1r t)S', ';'00,3 Dated: ::rv/V .2 3, ;LO CJ3 283930-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~U Clark DeVere, Esquire Attorney J.D. No. 68768 Francis J. Lafferty, IV, Esquire Attorney J.D. No. 84009 Andrew W. Norfleet, Esquire Attorney J.D. No. 83894 P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiffs HARTMAN, OSBORNE & RETTIG, P.C. By: ~ cc:(f ad....' Matthew E. Hamlin, Esquire Attorney J.D. No. 86142 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3538 Attorneys for Defendants - 2- , I CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, 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 '=ach 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: 08/i3/2003 ~on Mli~l70f . ~~a~st:<-- " Attorney for DEFENDANT DEll-438323 a5:2 a:2 -La ~ I I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLB RBGIONAL MEDICAL CNTR JOHN C. ROGBRS, M.D. MEDICAL RBCORDS MEDICAL RBCORDS TO: CLARK DBVBRB, ESQUIRE MCS on behalf of MATTHBW HAMLIN, 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. DATB: 07/24/2003 MCS on behalf of MATTHBW HAMLIN, BSQ. Attorney for DBFBNDANT CC: MATTHBW HAMLIN, BSQ. - 20031708 Any questions regarding this matter, contact THB MCS GROUP INC. 1601 MARKBT STREBT 1800 PHILADBLPHIA, PA 19103 (215) 246-0900 DB02-236486 05:2 0:2 - C 01. I I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MILTON BRUNNER VS File No. 0'1-270'; J.CRAIG JURGENSEN, M., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CENTER (Na.me of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the courtto produce the following documents or things: SEE ATIACHED MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) at 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: MATTIIEW HAMLIN, ESQ. 126-128 WALNUT ST. HARRISBURG, PA 17101 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFF.NIlANT NAME: ADDRESS: BY n DATE: ~ t-wL'f n. ~ IY8 I '-- /J/2.lJ......J' -P ~0'2'- T~ r- D~. ry Se,1 ot the Court (Efi. 7/07) II EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CNTR 246 PARKER STREET CARLISLE, PA 17013 RE: 5202 MILTON J. BRUNNER Entire medical fIle, including but not limited to any and all records, correspondence to and frorn the consulting and treating physicians, fIles, mernoranda, handwritten notes, history and physical reports, rnedication/ prescription records, including any and all such items as may be stored in a cornputer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: MILTON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SU10-455892 OS202-LOl II CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/13/2003 MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT I1Ell-438324 OS202-L02 II COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CNTR JOHN C. ROGERS, M.D. MEDICAL RECORDS MEDICAL RECORDS TO: CLARK DEVERE, ESQUIRE KCS on behalf of MATTHEW HAMLIN, 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 KCS office. DATE: 07/24/2003 KCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT CC: MATTHEW HAMLIN, ESQ. - 20031708 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET taoo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-236486 052: 0 2: - C 0 :J. , I COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND MILTON BRIINNER VS FileNo. 0'1-2700; J. CRAIG JURGENSEN, M., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JOHN ROGERS, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena,you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROuP INC., 1601 MARKET ST., #800, PRIll. ,PA 19103 (Addre..) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIlE FOLLOWING PERSON: NAME: ADDRESS: MATTHEW HAMLIN. ESQ. 126-128 WALNUT ST. HARRISBURG, PA 17101 TELEPHONE: 215-246-0900 SUPREME COURT lD #: AITORNEY FOR: DEFENDAlIT DATE: .... )lA.L., 17/ :;166.'- "- Seal of the Court (Elf. 7/97) II EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN C. ROGERS, M.D. C/O APPALACHIAN ORTHO CTR I DUNWOODY DRIB CARLISLE, PA 17013 RE: 5202 MILTON J. BRUNNER 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 iterns as rnay 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: MILTON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502 Date of Birth: 04-17-1950 8U10-455894 0 S2 02 -La 2 (') ~; ~ ""T);-- nJ{, , ~-: " < 0; r:: }:5;_ "'"""- ~~',~~ '::::1 ~, a -."1 '~ ;,") \..:.. ~.rl -,~ ., AUG '?03 MIL TON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CORPORATION: Defendants NO. 03-2705 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, upon consideration of the Stipulation to Correct Spelling of Party's Name, the caption, Complaint and all filings are corrected in this matter to reflect the proper spelling of Defendant Belvedere's name which is "Belvedere MedicaLCorporation." ~ BY THE coURT: " / cc: ~e V ere, Esquire - counsel for Plaintiffs ,Mlltthew E. Hamlin, Esquire - counsel for Defendants J~ RJ6 0<6,,;)./-(13 J. 283930-1 V\NV/'\l(~SNNjd ),J ]...]r(," ,,,-,',::'~:~/\~08 S il : \ \ ! t:~' ~ ,,~ ~d'iJ {i>~J A.~~,,'+J- :~o MILTON BRUNNER AND RUTH BRUNNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CASE NO. 03-2705 v. J. CRAIG JURGENSEN, M.D. AND BELVEDERE MEDICAL CENTER, CIVIL ACTION Defendants JURY TRIAL DEMANDED STIPULATION IT IS HEREBY STIPULATED AND AGREED by and b(:tween counsel for all parties that the attached Qualified Protective Order be submitted to the Court for consideration, so that all parties may obtain and disclose Plaintiff, Milton Brunner's, Protected Health Information during the course of this litigation only, in compliance with HIPAA. Furthelmore, the undersigned parties respectfully request that this Honorable Court enter the attached Qualified Protective Order of record. METZGER, WICKERSHAM, KNAUSS & ERB, P.e. HARTMAN', OSBORNE & RETTIG, P.e. ~~/- Clark DeVere, Esquire Attorneys for Plaintiffs ~~Jet!hhLf' Matthew E. Ham , Esquire Attorneys for Defendants, J. Craig Jurgensen, M.D. and B,elvedere Medical Corporation , - CERTIFICATE OF SERVICI~ I, Matthew E. Hamlin, Esquire, hereby certity that I am this day serving a copy ofthe foregoing document upon the person(s) and in the manner indic:ated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Clark DeVere, Esquire Metzger, Wickersham, Kanuss & Erb, P.C. P.O. Box 5300 Harrisburg, P A 1711 0-0300 (Counsellor Plaintiffs) Dated: Auf 1/"';' ;;2~; 2c:U? HARTMAN, OSBORNE & RETTIG, P.c. By: ~LJ~~ Matthew E. H!llntin, Esquire Attorneys for Defendants, J. Craig Jurgensen, M.D. and Belvedere Medical Corporation (') c <~ \) l:!~i rTl(;- L~ ~1.' "?: [ "f),!" r~ S ~~,: ~ C.l GJ (I) ;""'1 --0 o -n (::J ~~ ::1: co ~;; - ~\ C) ~:;)ITl ~ ._~ :-b -< ~~J1 (n SEP 1 1 2003 \1' ~'l , MILTON BRUNNER AND RUTH BRUNNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CASE NO. 03-2705 v. J. CRAIG JURGENSEN, M.D. AND BELVEDERE MEDICAL CENTER, CIVIL ACTION Defendants JURY TRIAL DEMANDED QUALIFIED PRafECfIVE ORDER AND NOW, upon consideration of Defendants, J. Craig Jurgensen and Belvedere Medical Corporation's, Motion for a Qualified Protective Order, the Court hereby grants said Motion pursuant to the Health Insurance Portability and Accountability A.;t ("HIP AA") privacy regulations, specifically, 45 C.F.R. ~164.512(e), and Orders as follows: I. The parties to this litigation and/or their counsel are permitted to obtain protected health information ("PHI") pursuant to a discovery request or subpoena served in accordance with the Pennsylvania Rules of Civil Procedure, from any health care provider and/or covered entity who examined and/or rendered treatment to the Plaintiff, Milton Brunner, or made payments for treatment on Plaintiff's behalf; 2. Throughout the course of this litigation and in conjunction therewith, the parties and/or their counsel are permitted to disclose the 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, any other person permitted by other order of this Court and the Court itself; 3. The parties and/or their counsel are prohibited from using or disclosing any PHI of Plaintiff obtained via this Qualified Protective Order for any purpose other than this litigation: 4. The parties and/or their counsel, at the conclusion of the litigation, including any and all appeals, will either return any and all PHI received or copied to the covered entity or will destroy same; and 5. Any person and/or entity receiving PHI under the provisions of Paragraph 2 of this Qualified Protective Order is prohibited form using said information outside of the instant litigation ~Wt., 'I J Wl I 'ty or destroy it at and is also required to return any and all PHI received or copied tot he cover /,/ the conclusion of the litigation, including any and all appeals. // Date: J. ~~~ q\~~~ o'H ~:a3 ,~\ C,~\~~"'d J"",' \r""'\.~ ,~,-'M(\" 'J;.~\:J, 'r,l,'r\',\.:".~:\!"'\ ,...; ,\t\C.'.\ - ,-.J.\V, ' 't,\J :'i 1,\,\ _" ("II \ \ c.::i::> ,,~ :,0 ~~j \~~~':~S\,'~jS_.i, '~..."\ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, 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 ~Ion behalf o~_ ~Alrlr~ E~ Attorney for DEFENDANT t 0J{, DEl1-444881 05:2 0:2 - L 03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTBNT TO SERVE A SUBPOENA TO PRODUCE DOCOMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations I TO: CLARK DEVERE, ESQ. MCS on behalf of MATTHEW HAMLIN, ESQ. intends to serve a subpoena identical to the one that is attached to this noti,ce. 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: 08/25/2003 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT CC: MATTHEW HAMLIN, ESQ. MICHAEL BOND - 20031708 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 OE02-239491 05202 -CO 2 >>> LOCATION LIST <<< PAGE: 1 . LOCATION NAMIl RECORDS REQUESTED CARLISLE HOSPITAL DR. JOHN ROGERS, M.D. X-RAY ONLY X-RAY ONLY DE02-239491 05:2 0:2 - C 0:2 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND MILTON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A IT ACHED RIDER **** at The MCS Groun Inc: 1601 Market Street Suite ROO Philadelnhia FA 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 th-e 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 te comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIIE FOLLOWING PERSON: NAME: MATTIIEW HAMLIN. ESO. ADDRESS: 126-128 WALNlJT ST HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: AITORNEY FOR: Defendant BY THE COURT: Date: -IJ~ I'll ..J~.l, Seal of tbe Court Prothonotary/Clerk, Civil Di' n ~ ~I2;o>.4 J?7f-lA",Y..r--- Deputy 05202-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL P.O. BOX 310 246 PARKER STREET CARLISLE, PA 17013 RE: 5202 MILTON J. BRUNNER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: MILTON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 170U Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SU10-460970 as:2 a:2 -La 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, 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 th~ 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. ~CS on behalf of DATE: 09/15/2003 ~ATTHEW HAMLIN, ESQ. Attorney for DEFENDANT DE11-444882 05202 - L 04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations I TO: CLARK DBVBRB, BSQ. KCS on behalf of MATTHEW HAMLIN, BSQ. i.ntends 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 a.t your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATB: 08/25/2003 KCS on behalf of MATTHEW HAMLIN, BSQ. Attorney for DBFBNDANT CC: MATTHBW HAMLIN, BSQ. KICHAEL BOND - 20031708 Any questions regarding this matter, contact THB KCS GROUP INC. 1601 MARKBT STRBBT 1800 PHILADBLPHIA, PA 19103 (215) 246-0900 DB02-239491 OS202-C02 >>> LOCATION LIST <<,< PAGE: 1 - LOCATION NAMB RECORDS REQUESTED CARLISLE HOSPITAL DR. JOHN ROGERS, M.D. X-RAY ONLY X-RAY ONLY DE02-239491 0 S2 0 2 -co 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MILTON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. JOHN ROGERS M D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A IT ACHED RIDER **** at The MCS GraUD IDe 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. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MA TTIIEW HAMLIN. ESO. ADDRESS: 126-128 WALNlIT ST HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: AITORNEY FOR: Defendant BY THE COURT: Date: (:)u~ /'1,- .Jrr\). Prothonotary/Clerk, Civil Divi ~ Deputy Seal of the Court 05202-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. JOHN ROGERS, M.D. I DUNWOODY DRIVE CARLISLE, PA 17013 RE: 5202 MILTON J. BRUNNER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray fIlms and reports, including any and all such items as may be stored in a computer database or otherwise in electronic fonn, pertaining to: Dates Requested: up to and including the present. Subject: Mll.TON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SU10-460972 as:2 a:2 -La 4 ~'~:. :i~: -, o':--i "'"'-. (,) .!.," .i': ~-\,) (.0 C~.' c :,' :n '"1 .u '00 ,., ....- --";. "'. ~ C ~n I,:..; -i.J -< CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM. -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN. 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 l~ on behalfA~^^Mr../\ W u4MtfW:JdJ.lJwl-UJY I I (J , Attorney for DEFENDANT 0 DE11-445201 a 5:2 a:2 -La 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCtlMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: CLARK DEVERE, ESQ. MCS on behalf of RATTHEW HAMLIN, 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 MCS on behalf of MATTHIl1J HAMLIN, ESQ. Attorney for DEFENDANT CC: MATTHEW HAMLIN, ESQ. MICHAEL BORD - 20031708 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-2396050S202-C02 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REOUBSTED MARK E. PINKER. D.P.M. HARRISBURG HOSPITAL JOSE GALINDO. JR., M.D. LISA TKATCH, M.D. ALEXANDER SPRING REHAB, INC. MILTON S. HBRSHEY MEDICAL CTR. MARGARET Y. GROFF, M.D. ANDREN JOHN BEHNKB, M.D. MBDICAL RECORDS MBDICAL RECORDS MEDICAL RBCORDS MEDICAL RBCORDS MEDICAL RECORDS MBDICAL RECORDS MBDICAL RBCORDS MBDICAL RBCORDS OB02-239605 05202 -CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M}LTON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MARK E. PINKER 0 P M (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 A IT ACHED RIDER **** at The MCS Group Ine 1601 Market Street Suite 800 Philadelphia FA ]9103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TIllS SUBPOENA WAS ISSUED AT TIlE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW HAMLIN. ESO. ADDRESS: 126-128 WALNUT ST. HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A ITORNEY FOR: Defendant Date: {l(~ :)1 ~3 , Prothonotary/Clerk, Ci;i DiV~ ''---- .an.- -p 7r{("'D~ Deputy Seal of the Court 05202-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARK E. PINKER, D.P.M. 47 BROOKWOOD A VENUE CARLISLE, PA 17013 RE: 5202 MILTON J. BRUNNER 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 frorn 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: MILTON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SUI0-46131405202-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/15/2003 MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT DEl1-445202 05202 -LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTBN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO ROLE 4009.21 [ Note: see enclosed list of locations I TO: CLARK DEVERE, ESQ. MCS on behalf of MATTHEW HAMLIN, 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 MCS on behalf of MATTHBN HAMLIN, ESQ. Attorney. for DEFENDANT CC: MATTHBN HAMLIN, ESQ. MICHAEL BOND - 20031708 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 1~103 (215) 246-0~00 DE02-239605 0 S2 0 2 -CO 2 >>> LOCATION LIST <<< PAGB: 1 LOCATION NAME RECORDS REQUESTBD MARl E. PINIER, D.P.M. HARRISBURG HOSPITAL JOSE GALINDO, JR., M.D. LISA TlATCH, M.D. ALEXANDER SPRING REHAB, INC. MILTON S. HERSHEY MEDICAL CTR. MARGARET Y. GROFF, M.D. ANDREW JOHN BEHNlE, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORD,S OIl02-23960S OS202-C02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03 -2705 J. CRAIG JURGENSEN, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/15/2003 MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT DEll-445203 as:2 a:2 -La 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03 -2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: CLARK DEVERE, ESQ. MCS on behalf of MATTHEW HAMLIN, 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 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT CC: MATTHEW HAMLIN, ESQ. MICHAIlL BOND - 20031708 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET' #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-23%05 0 S2 0 2 -CO 2 LOCATION NAME >>> LOCATION LIST <<< RECORDS REQUESTED PAGE: 1 MARK E. PINKER, D.P.M. HARRISBURG HOSPITAL JOSE GALINDO, JR., M.D. LISA TKATCH, M.D. ALEXANDER SPRING REHAB, INC. MILTON S. HERSHEY MEDICAL CTR. MARGARET Y. GROFF, M.D. ANDREW JOHN BEHNKE, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS OE02-2396050S202-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MILTON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOSE GALINDO JR. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A TI ACHED RIDER .... at The MCS Grouo Ine ]601 Market street Suite 800 Philadelnhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATI1fEW HAMLIN. ESO. ADDRESS: 126-128 W ALNlIT ST HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATIORNEY FOR: Defendant Date: {Ju~ ;1./ ::l~~ f Prothonotary/Clerk, Civil ~~D -P 71fJ)ur~ eputy Seal of the Court 05202-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOSE GALINDO, JR., M.D. 101 ERFORD RD. CAMP HILL, PA 17011 RE: 5202 MILTON J. BRUNNER 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: MILTON J. BRUNNER 2308 RITNER mGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SUlO-461318 05202-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SlffiPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/15/2003 MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT DEll-445204 05:2 0:2 - L 08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTBN'1' TO SERVE A SUBPOENA TO PRODUCE DOCOMBNTS AND THINGS FOR DISCOVERY PORSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: CLARK DEVERE, ESQ. MCS on behalf of MATTHEW HAMLIN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena maybe served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/26/2003 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT CC: MATTHEW HAMLIN, ESQ. MICHAEL BOIID - 20031708 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET .800 PHILADELPHIA, PA 13103 (215) 246-0300 DE02-23%05 05202 -CO 2 >>> LOCATION LIST <<< PAGB: 1 LOCATION NAME RBCORDS RBQUESTBD MARK B. PINKBR, D.P.M. HARRISBURG HOSPITAL JOSB GALINDO, JR., M.D. LISA TKATCH, M.D. ALEXANDER SPRING REHAB, INC. MILTON S. HERSHEY MEDICAL CTR. MARGARET Y. GROFF, M.D. ANDREK JOHN BEHNKB, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS DE02-2396050S202-C02 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND M;rLTON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LISA TKATCH. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orthings: **** SEE ATIACHED RIDER **** at The MCS Groun Ine 1601 Market Street Suite 800 Philadelnhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT TIlE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: MATIHEW HAMLIN. ESO. 126-128 WALNUT ST. HARRISBURG.PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATIORNEY FOR: Defendant Date: ~?I ':l..~3 I Prothonotary/Clerk, Civil Divl . <--- ~~~.. -g.7J;J?~ Deputy Seal of the Court 05202-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LISA TKATCH, M.D. 2645 NORTH THIRD STREET HARRISBURG, PA 17110 RE: 5202 MILTON J. BRUNNER 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 frorn 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: MILTON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502Date of Birth: 04-17-1950 8U10-461320 as 2 a 2 -La 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/15/2003 MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT DEll-445205 OS202-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCOMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations I TO: CLARK DBVBRE, BSQ. MCS on behalf of MATTHBW HAMLIN, 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 MCS on behalf of MATTHEW HAMLIN, BSQ. Attorney for DEFENDANT CC: MATTHEW HAMLIN, ESQ. MICHAEL BOND - 20031701 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DB02-2396050S202-C02 >>> LOCATION LIST <<< PAGB: 1 LOCATION NAMB RBCORDS RBQUBSTBD MARX B. PINKBR, D.P.M. HARRISBURG HOSPITAL JOSB GALINDO, JR., M.D. LISA TXATCH, M.D. ALBXANDBR SPRING RBHAB, INC. MILTON S. HBRSHBY MBDICAL CTR. MARGARBT Y. GROFF, M.D. ANDRBW JOHN BBHNKB, M.D. MEDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS MEDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS OB02-239605 0 S2 0 2 -CO 2 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ~IL TON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALEXANDER SPRING REHAB. INC (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 Grouo IDe 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, 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 TIIE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: MATTHEW HAMLIN. ESO. 126-128 WALNUT ST HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant COURT: Date: --.fJ fA 9' ::J I ;l0(),~ I Seal of the Court Prothonotary/Clerk, Civil Divisi 4ko~,~ .7ec~ Deputy '--- 05202-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB, INC. 27 BROOKWOOD A VENUE CARLISLE, PA 17013 RE: 5202 MILTON J. BRUNNER 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 iterns 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: MILTON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SU10-461322 OS202-L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each' party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/15/2003 MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT DEll-445206 OS202-Ll0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTENT TO SERW A SUBPOBNA TO PRODUCE DOClJMBNTS AND THINGS FOR DISCOVERY PURSOAN'l' TO ROLE 4009.21 [ Note: see enclosed list of locations] TO: CLARK DEVERE, ESQ. MCS on behalf of MATTHEW HAMLIN, 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 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT CC: MATTHEW HAMLIN, ESQ. MICHAEL BOND - 20031708 Any questions regarding this matter, contact THE NCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-2396050S202-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIL TON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MILTON S. HERSHEY MEDICAL CTR (Name ofperson 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 Grouo Ine 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the 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. TIIIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MA1TIIEW HAMLIN. ESO. ADDRESS: 126-128 WALNITT ST. HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant Date: (Ju.~ 2/ )~ I Seal of the Court 05202-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MEDICAL CTR. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 5202 MILTON J. BRUNNER Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical fIle, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fIles, mernoranda, handwritten notes, history and physical reports, rnedicationl prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures; test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: MILTON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SUIO-461324 OS202-Ll0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/15/2003 MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT IJEll-445207 05:2 0:2 -Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCtlMBNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations I TO: CLARK DEVERE, ESQ. MCS on behalf of MATTHEW HAMLIN, 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 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT CC: MATTHEW HAMLIN, ESQ. MICHAEL BOIID - 20031708 Any questions regarding this matter, contact THB MCS GROUP INC. 1601 MARKBT STRBBT '800 PHILADBLPHIA, PA 19103 (215) 246-0900 DE02-2396050S202-C02 >>> LOCATION LIST <<< PAGB: 1 LOCATION NAME RBCORDS RBQUESTBD MARK B. PINKBR, D.P.M. HARRISBURG HOSPITAL JOSB GALINDO, JR.. M.D. LISA TKATCH, M.D. ALBXANDBR SPRING RBHAB, INC. MILTON S. HBRSHBY MEDICAL CTR. MARGARBT Y. GROFF, M.D. ANDRBW JOHN BBHNKB, M.D. MEDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS MEDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS DB02-239605 05202 -CO 2 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND MILTON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MARGARET Y. GROFF M 0 (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATIACHED RIDER .... at The MCS GroQD IDe 1601 Market Street Suite 800 PhiladelDhia 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 TIIE REQUEST OF THE FOLLOWING PERSON: NAME: MATIHEW HAMLIN. ESO. ADDRESS: ] 26-128 W ALNlIT ST HARRISBURG PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A TIORNEY FOR: Defendant BY THE COURT: Date: ()~? .:(1 ;>'O'~~ r Prothonotary/Clerk, Civil Di' n /2/)~1J of? .7?{~ Deputy Seal of the Court 05202-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MARGARET Y. GROFF, M.D. 310 NORTH SALEM CHURCH RD MECHANICSBURG, PA 17050 RE: 5202 MILTON J. BRUNNER 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 frorn the consulting and treating physicians, files, mernoranda, handwritten notes, history and physical reports, medicationl 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: MILTON J. BRUNNER 2308 RITNER HIGHWAY, CARLISLE, PA 170B Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SUlO-461326 05202-Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/15/2003 MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT JEl1-445208 OS202-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MILTON BRUNNER TERM, -VS- CASE NO: 03-2705 J. CRAIG JURGENSEN, M.D., ET AL NOTICE OP INTBN'l' TO SERVE A SUBPOBlQ TO PRODUCE DOCllMBHTS AND THINGS FOR DISCOVERY PURSUANT TO ROLB 4009.21 [ Note: see enclosed list of locations I TO: CLARK DEVBRB. 8SQ. MCS on behalf of MATTHEW HAMLIN. BSQ. intends to serve a subpoena identical to the one that is attacbed to this notice. You have twenty (20) days fro. 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. DATB: 08/26/2003 MCB on behalf of MATTHBW HAMLIN. BSQ. Attorney for DBPBIiDAlIT CC: MATTHEW HAMLIN. BSQ. MICHABL BOIID - 20031708 Any questions regarding this matter. contact THB MCB GROUP INC. 1601 MARUT STRIlB'r 1800 PHILADBLPHIA. PA 1'103 (215) 246-0'00 DB02-23%050S202-C02 >>> LOCATIO. LIST <<< PAGB: 1 LOCATIO. NAMS RBCORDS RBOUBSTBD MARX B. PINIER, D.P.M. HARRISBURG HOSPITAL JOSB GALINDO, JR., M.D. LISA TIATCR, M.D. ALBXANDBR SPRING RBRAS, INC. MILTON S. HBRSHBY MEDICAL CTR. MARGARBT Y. GROFF, M.D. AMORBM JOHN BBHNKB, M.D. MEDICAL RBCORDS MEDICAL RBCORDS MBDICAL RBCORDS MEDICAL RBCORDS MEDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS MBDICAL RBCORDS DB02-2H60505202-C02 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND MIL TON BRUNNER FileNo. 03-2705 vs. J. CRAIG JURGENSEN, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records fQr ANDREW JOHN BEHNKE M.D 0NameofPersonorEmi~) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents.or things: **** SEE A IT ACHED RIDER **** at The MCS Groun Ine 1601 Market Street Suite 800 Philadelphia PA ]9103 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 twen~ (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: MAlTIIEW HAMLIN. ESO. 126-128 WALNUT ST. HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: A ITORNEY FOR: Defendant Date: {)Ufj COURT: , ~I ~1'Y'~3 , Deputy Seal of the Court 05202-12 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANDREW JOHN BEHNKE, M.D. 40 BROOKWOOD AVE CARLISLE, PA 17013 RE: 5202 MILTON J. BRUNNER 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 frorn the consulting and treating physicians, fIles, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such iterns 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: MILTON J. BRUNNER 2308 RI1'NER HIGHWAY, CARLISLE, PA 17013 Social Security #: 208-38-5502 Date of Birth: 04-17-1950 SU10-461328 05202-L12 0 ".-., C) c:: , < n -0 U :-, ., n G ~. ~. OJ S) c: , c, /-" <-- .....,) .J:" ....., 'j.J , .,) -<. MILTON BRUNNER AND RUTH BRUNNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CASE NO. 03-2705 v. J. CRAIG JURGENSEN, M.D. AND BELVEDERE MEDICAL CENTER, CNIL ACTION Defendants JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO: PROTHONOTARY Please withdraw the appearance of Matthew E. Hamlin, Esquire and enter the appearance of Kevin E. Osborne, Esquire, on behalf of Defendant, J. Craig Jurgensen, M.D. and Belvedere Medical Corporation, in the above-captioned matter. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.c. By: ~~~~. Matthew j. Hamlm, EsqUIre Supreme Ct. J.D. # 86142 By: /~,<:>-ill~ Kevin E. Osborne, Esquire Supreme Ct. LD. #34991 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: I - U. -0 't Attorneys for Deltmdants, J. Craig Jurgensen, M.D. and Belvedere MI~dical Corporation CERTlFICATEOFSERVICE I, Kevin E. Osborne, Esquire, hereby certity that I am this day serving a copy of the foregoing document upon the person(s) 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, first-class postage prepaid, as follows: Clark De V ere, Esquire Metzger, Wickersham, Kanuss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (Counsel for Plaintiffs) HARTMAN, OSBORNE & RETTIG, P.C. By: /~---~ Dated: 7 - J- G -0 '1 Kevin E. Osborne, Esquire Attorneys for Defendants, J. Craig Jurgensen, M.D. and Belvedere Medical Corporation . '" ,.~-"} C;':J -,-- o -TI :::: -I -:- -.-~ hl~..:: '1, -Cr--' -.,':( ;.,',',,( ) ", 0' H, -r: -~ " -~':? ~~I f'.';;) .:':- -_J . MILTON BRUNNER and RUTH BRUNNER, Plaintiffs V. J. CRAIG, JURGENSEN, M.D. and BELVEDERE MEDICAL CORPORATION,: Defendants IN THE COURT OF COMMO PLEAS CUMBERLAND COUNTY, P A NO. 03-2705 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENROLL AS CO-COUNSEL OF RECORD Please enroll Michael J. Navitsky, Esquire with the law firm ofNavitsky, 01 n & Wisneski LLP as co-counsel ofrecord on behalf of the Plaintiffs in this matter. 0",:.(Cl11 t )' Respectfully submitted, NA,.,~IT. S..K.. .,Y..,' OLl"ON&. W';fS. .' Ii \ "t 1./,- I', '. Ii.' .' ~/I 'I{' . .\ C.t '.' V. I,. V~. .. '.' . Michael J. N i ky, Esquire' LD. No. 5880 i . 2040 Linglestown Road, SJrie Harrisburg, P A 17110 717/541-9205 Counsel for Plaintiffs KILLP 3 . CERTIFICATE OF SERVICE AND NOW, I, Lois E. Stauffer, an employee of the law firm of Navit y, Olson & Wisneski LLP, co-counsel for Plaintiffs, hereby certify that I served a Praecipe 0 Enroll ad Additional Counsel of Record this day by depositing the same in the United States ii, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: James DeCinti, Esquire Hartman, Osborne & Rettig, P.c. 126-128 Walnut Street Harrisburg, PA 17101 Counsel for Defendants Clark DeVere, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 Co-Counsel for Plaintiffs f~ ~ ' \. , . \ t'J-tW ( ..... "\ Lois E. Stauffer . ~ . Date: March 21, 2005 l) I~~ ""'\)\:1; ~~~'r' Z!" (.) . ?z: 4c~: r~~~) pc. <<>' :2 ...., ~ C::;.> "-'", o -n --, ::r: ~T1 rnp '"D r11 -r:lt,../ ~~ S ;c:: .)_J :.< ;:'lC :> ::0 f') W :t'" :::.t.:. "" W0 - MILTON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CNIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CORPORATION: Defendants NO. 03-2705 CNIL TERM JURY TRIAL DEMANDED i , , I , I ! AND NOW, Plaintiffs Milton Brunner and Ruth Brunner, by and through their attorneys, I ~etzger, Wickersham, Knauss & Erb, hereby move this Court to schedule a Status and/or fChedUling Conference in order to move this case towards resolution for the following reasons: . 1. On or about June 9, 2003, Plaintiffs initiated this medical malpractice suit PLAINTIFFS' MOTION FOR STATUS/SCHEDULING CONFERENCE ty the filing of a Complaint for injuries Plaintiff Milton Brunner sustained because of the alleged }ailure to diagnose and properly treat a fracture of the left ankle from a fall on October 21,2001. I I , I I 2. As a result of the misdiagnosis by Defendants, Plaintiffs further allege that i , ~i1ton Brunner sustained serious permanent injuries including a below-the-knee amputation of 1is left leg and extensive physical therapy and rehabilitation. I , 3. From June, 2003 through July, 2003, the parties exchanged pleadings , ~d the pleadings are closed. ! \ i 4. Since the closure ofthe pleadings, the parties have exchanged written I ~iSCOVery requests and answers have been exchanged thereto. I I, 5. The depositions of Defendant J. Craig Jurgensen, M.D.; Marsha Thrush , , 3~6703" (employee of Defendant Belvedere Medical Corporation); and George P. Branscum, Jf., M.D. (employee of Defendant Belvedere Medical Corporation) were taken on February 13, 2004. 6. The depositions ofSevdalina V. Boshnakov, M.D. (former employee of iDefendant Belevedere Medical Corporation) and Plaintiff Milton J. Brunner (Part I) were taken Ion February 26, 2004. 7. The depositions of Plaintiffs Milton J. Brunner (Part II) and Ruth Brunner Lere taken on April 12, 2004. I 8. The deposition of Lewis A. Dopp (Plaintiffs' son) was taken on October I F6, 2004. \ 9. The deposition of John C. Rodgers, M.D. (Plaintiffs treating physician) ~as taken on December 1,2004. I 10. The depositions of Michelle Hensley (Plaintiffs' daughter) and fhristoPher Brunner (Plaintiffs' son) were taken on December 14, 2004. I 11. The deposition of Donna Fehrenbach, D.O. (Plaintiffs treating physician) I tas taken on February 14, 2005. I , 12. Discovery is largely complete and Plaintiffs believe that the best way to ove this case towards a timely resolution is for the Court to schedule a Status and/or cheduling Conference and enter deadlines to complete any outstanding matters in this action d move it towards trial. I 13. it this motion. I I I I ! \ 3~6703-1 Counsel for Defendants has been contacted and he offers his concurrence WHEREFORE, Plaintiffs Milton Brunner and Ruth Brunner respectfully request that this Court schedule a Status and/or Scheduling Conference at the earliest opportunity. METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By: e;;...."?t ~ 'bt1:15'eVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiffs I I I \ pated: May J....., 2005 I I I I I , I I , MILTON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CNIL ACTION - LAW NO. 03-2705 CNIL TERM J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CORPORATION: Defendants , I I I I I ~ertify that counsel for the Defendants has been contacted and he has offered his concurrence to I ~he filing of the within Motion for Status/Scheduling Conference. , \ I I I , I , I ~ate: I I I I I I I I i I I I 3~6703-1 JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE I, Clark DeVere, Esquire, attorney for the Plaintiffs in the above-captioned action, hereby METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By: --.'-, U (,(7",,-~ - . Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorney for Plaintiffs May .3...., 2005 CERTIFICATE OF SERVICE 1, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Motion for Status Conference with 'reference to the foregoing action by first class mail, postage prepaid, this ,3!5t day of May, 2005 on Ithe following: I ames DeCinti, Esquire artman, Osborne & Rettig 126-128 Walnut Street arrisburg, PA 17101 METZGER, WICKERSHAM, KNAUSS & ERE, P.C. c;7~:;'"" Clark DeVere, Esquire ", c.:::.. '-::+~ " ~1"i ::j r:;i~-;J :.~\.-~; ...:...n ....- '-' (..'-) C"J fv MILTON BRUNNER and RUTH BRUNNER, Plaintiffs ~ RECEIVED MAY 06 7005 jLV'l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CNIL ACTION - LAW J. CRAIG JURGENSEN, MD and BELVEDERE MEDICAL CORPORATION: Defendants NO. 03-2705 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, this Ib ~ day of (II'^'(', 2005, the above matter is llereby scheduled for a Status Conference in C~.po ~ on m"NI"y I ,- \.V "'"VL Ce, , 2005 at _3_A~.... f' .m. BY THE SPURT: // . i .#_~<.,..:_." ~_.-.>, ,r" , , J. CC] ~k DeVere, Esquire.... counsel for Plaintiffs Michael J. Navitsky, Esquire.... counsel for Plaintiffs ~es DeCinti, Esquire.... counsel for Defendants 326703-1 G f :S " , "k; . ~'ll ," ". r'>J /';1 ~ j iU'!J0 jO 7 '~. \ MILTON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2705 .... CIVIL TERM J. CRAIG JURGENSEN, M.D. and BELVEDERE MEDICAL CORPORATION, Defendants CIVIL ACTION .... LAW ORDER OF COURT AND NOW, this 6th day of June, 2005, at a status conference in this matter with Clark DeVere, Esquire, and Michael Navitsky, Esquire, appearing for Plaintiffs, and James DeCinti, Esquire, appearing for Defendants, it is hereby ordered and directed as follows: 1. The parties have agreed that discovery is complete other than exchanging of expert reports. 2. Plaintiffs shall provide Defendants with reports from all experts by August 6, 2005. 3. Defendants shall provide Plaintiffs with expert reports no later than November 6, 2005. 4. Plaintiffs may provide rebuttal reports by December 6, 2005. Nothing in this Order shall preclude the parties from listing the case for trial in the January 2006 term of court. We will issue an Order of attachment for the January term of court upon petition of any party after the 2006 court calendar has been published. Guido, J. V;NV^.l~S,:!"~N,:)d I 'N"r'.' ;>-H!' r'," ,;~"~, ~"ll"'''' IU.'I j.}.: ~'..:-,' :"~'''"':~~i'~llv lJ +j : II WV L - NonOOl Al:lltlONOHL08cl 3Hl:lO 3JI.:l:KXE'1Cl - .~ -~ Clark DeVere, Esquire Michael J. Navitsky, Esquire For the Plaintiffs James DeCinti, Esquire For the Defendants srs .. ;" _..... PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ( , '."""""'\~ /'1 g Io.i' .... ~1~ "Me,. TO THE PID'I'HON:::YI'ARY OF CUMBERLAND COUNI'Y Please list the following case: (Check one) ( X) for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- CAPTICN OF CASE (entire caption nust be stated in full) Milton Brunner and Ruth Brunner, (check one) (Xl Civil Action - Law Appeal from J\I:bitration (other) ( Plaintiff) vs. J. Craig Jurgensen., M.D. and Belvedere Medical Corporation The trial lis t will be called on l!IRIIi: May 16, 2006 Trials commence on June 12, 2006 (Defendant) Pretrials will be held on Mav 24, 2006 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide fortlwith a copy of the praecipe to all =unsel, pursuant to local Rule 214.1.) No 03-2705 C' 01 . lVl 19 Indicate the attorney who will try case for the party who files this praecipe: Counsel for Plaintiffs, MidJae1 J. Navi tsky, Esquire Indicate trial =unsel for other parties if known: James DeCinti, Esquire, Harbnan, Osborne & Rettig, P.C., 126-128 WalnUt Street, Harrisburg, PA 1710l Date: March 7, 2006 Attorney for: Plaintiffs This case is ready for trial. Signed: Print Narre: MIL TON BRUNNER and RUTH BRUNNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiffs V. NO. 03-2705 J. CRAIG, JURGENSEN, M.D, and: BELVEDERE MEDICAL CORPORATION,: Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, co.counsel for Plaintiffs, hereby certify that I served a Praecipe to List Case for Trial this day by depositing the same in the United States mail, first class, postage prepaid, in Hanisburg, Pennsylvania, addressed to: James DeCinti, Esquire Hartman, Osborne & Rettig, p,c. 126-128 Walnut Street Harrisburg, PA 17101 Counsel for Defendants Date: .})8u." -1 "Gf- ,"I /:, f, ~<-_._)~ llU~ --. Jessie K. Walsh MILTON BRUNNER and RUTH BRUNNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL ACTION - LAW J. CRAIG JURGENSEN, M.D. and BELVEDERE MEDICAL CORPORATION, Defendants 03-2705 CIVIL TERM IN RE: CASE STRICKEN FROM TRIAL LIST ORDER OF COURT AND NOW, this 16th day of May, 2006, pursuant to the call of the civil trial list, and pursuant to an agreement reached between Michael J. Navitsky, Esquire, on behalf of the Plaintiffs, and Jeffrey Rettig, Esquire, on behalf of the Defendants, this case is stricken from the trial list, but the Court Administrator is requested to retain the case on the pretrial conference list for purposes of a status conference only. Counsel are directed to relist this case for trial at such time as they deem appropriate. By the Court, J. ;{ichael J. Navitsky, Esquire 2040 Linglestown Road Suite 303 Harrisburg, PA 17110-9568 \ For Plaintiffs ~ v0effrey B. Rettig, Esquire 126-128 Walnut Street Harrisburg, PA 17101-1612 For Defendants :mae >- r- r' ~ (') 1--- -~ L_ B r~~,:;: UJ ~, OZ :l~ -.) ;:;i~ n:~~ """ ~ i?g co 1./) ~(): "'- ";::;,. o:UJ >- -,.Jto "'" j:!: :a:: ~,D(L -. LL. U> ',5 = 0 = () <'" MILTON BRUNNER and RUTH BRUNNER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ...., g 0 <:::r'\ Il :x --I ~ ffi:n -< r- -om N ~:cD? - '~:::1c) v I=r~ ;;; ('- ::t: ';.2 c-S -".,-' .~-m AND NOW, this 24th day of May, 2006, followin~ a::- ~ , ::!.~ ~ pretrial conference, this medical negligence claim lS contlnued. J. CRAIG JURGENSEN, M.D., and BELVEDERE MEDICAL CORPORATION, Defendants (') <;:; <, --rJr~: :TI": -:? NO. 03-2705 CIVIL TE~~~ ::--"'- ORDER OF COURT ~~ Counsel shall relist it for the November term, and Michael J. Navitsky, Esquire, and Kevin E. Osborne, Esquire, are attached to start the trial on Monday, November 13, By th~~r , G . 9:00 a.m. Michael J. Navitsky, Esquire For Plaintiffs Kevin E. Osborne, Esquire For Defendants prs MILTON BRUNNER and RUTH BRUNNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiffs V. NO. 03-2705 ORIGGN.:- ,L J. CRAIG, JURGENSEN, M.D. and BELVEDERE MEDICAL CORPORA nON,: Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark the above-captioned action ended and discontinued. Respectfully submitted, NA VITSKY, OLSON & WI SKI LLP 3 Date: b-J-Ob CERTIFICATE OF SERVICE AND NOW, I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, co-counsel for Plaintiffs, hereby certify that I served a Praecipe to Discontinue this day by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: James DeCinti, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, P A 17101 Counsel for Defendants ~~1<LJ~ Jessie K. Walsh Date: (p 'd~ (') ~ ~~ .-:; = = 0..... C- c.:. 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