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Home My WebLink About99-02878 i i t A?. y. gJJ ? m h . e lpy?i \ r. 1 f? A Y h u: Ar. Jm w c a #13 DEBRA ANDREE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. H. CLARKE STAAB, D.D.S., Defendant 99-2878 CIVIL TERM PRETRIAL CONFERENCE At a pretrial conference held April 10, 2002, before Edward E. Guido, Judge, present for the Plaintiff was C. Lee Anderson, Esquire, and for Defendant, Randall G. Gale, Esquire. The parties indicate that this matter will take approximately four days to try. While they have no scheduling conflicts during trial week, there are several dentists testifying live at trial. Therefore, both parties would like to be the lead-off case before whichever judge they are assigned. There are at least two legal issues that will need to be ruled upon by the trial judge. In that respect, the parties are directed to file motions in limine with supporting authority by close of business on Monday, April 22, 2002 p.m. Responses shall be filed with supporting authority by close of business on Friday, April 26th, 2002. The Plaintiff's current demand is $60,000.00. The Defendant has raised its settlement offer from $30,000.00 to $35,000.00. it appears that settlement is a very realistic possibility. Counsel have been advised to keep the Court Administrator informed of the status of settlement negotiations. By the Cour E. Guido, J. C. Lee Anderson, Esquire For Plaintiff Randall G. Gale, Esquire For Defendant Court Administrator It Copt La- 11. uW-T 02 AM, I I P i ol: 6 ? Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648 DEBRA ANDREE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. H. CLARKE STAAB, D.D.S. Defendant NO. 99-2878 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED PRETRIAL MEMORANDUM OF DEFENDANT DR. H. CLARKE STAAB (1) STATEMENT OF BASIC FACTS AS TO LIABILITY This is an alleged dental malpractice case by the Plaintiff Debra Andree against her former dentist H. Clarke Staab D.D.S. Defendant Dr. Staab practiced dentistry in Cumberland County for many years having just recently retired. The Plaintiff Debra Andree first came to him for dental treatment in 1974. At the time of her first visit she reported she had not been to a dentist in a year and Dr. Staab found and treated nine cavities of varying sizes. He or other dentists in his office treated Plaintiff Andree until 1996, or some twenty-two years. In addition to treatment at Dr. Staab's office the Plaintiff also had veneers placed by Dr. Bakalbassi and in 1996 saw a dentist Dr. Unger's office for an emergency visit. Over the years Plaintiff did have various problems with her teeth which Dr. Staab and others in his office treated reasonably and professionally. As pointed out by the defense dental expert Dr. Jerold W. Miller Plaintiff was a non-compliant patient who at times delayed or refused suggested treatment. Plaintiff did have numerous teeth filled as a young woman. It is not uncommon over the passage of time for those fillings to eventually need to be replaced or for more extensive work to be done. Much of this work was accomplished by Dr. Staab. Plaintiff eventually switched dentists and returned in 1997 to Dr. Unger's office where she had consulted in 1996 with Dr. Unger's associate. Plaintiff continued to experience various problems with her teeth which were treated quite aggressively by Dr. Unger. This treatment was not the result of negligence on the part of defendant Dr. Staab. A patient can receive reasonable dental treatment and still require extensive dental work. Decisions such as whether to fill or crown a tooth at any given point can be a matter of judgment and dental philosophy. Because Dr. Unger adheres to a somewhat more aggressive school of thought than Dr. Staab does not mean that Dr. Staab's more conservative treatment was in any way a violation of the standard of care. Allegations have also been made concerning Plaintiffs periodontal condition. As noted by the Defendant's expert periodontist Edward A. Marcus D.D.S. at the time when Dr. Staab started to treat Ms. Andree she was a teenager. As the years passed Dr. Staab treated the periodontium with routine dental prophylaxes. In more recent years as Ms. Andree reached middle age her tooth decay and subsequent deep fillings required to treat this decay accounted for a very slight localized decrease in periodontal bone levels. As noted by Dr. Marcus Ms. Andree developed tooth decay related to her own inability to maintain proper oral hygiene. Her very early periodontal disease related to this substandard bacterial plaque control. Dr. Staab's regular dental prophylaxes 2 helped to keep the destruction from plaque accumulation to a minimum. All of the radiographs and probing procedures will not remove plaque from the teeth on a daily basis. This is the responsibility of the patient and not the fault of dental practitioners. (2) STATEMENT OF BASIC FACTS AS TO DAMAGES Damages are for the Plaintiff to prove. The Defendant contends that dental work Plaintiff has had performed was not caused by negligence of Dr. Staab. (3) STATEMENT AS TO PRINCIPAL ISSUES OF LIABILITY AND DAMAGES One basic issue on liability is whether Dr. Staab acted as a reasonable dentist and complied with the professional standard of care. Another issue concerns whether Plaintiff was negligent in regard to her own maintenance of her teeth. There is also a causation issue. The principal damages issue would be proof by Plaintiff of economic and non- economic damages. One specific legal issue in regard to liability is the two schools of thought doctrine. In regard to much of the disputed work reasonable dentists would approach the work differently. Pennsylvania Courts traditionally hold that a doctor's decision to use one recognized mode of treatment rather than another accepted mode of treatment cannot serve as the basis for a finding of negligence. Romeo v. Manuel, 703 A.2d 530 (Pa. Super. 1997). 3 Another issue concerns the use of judgment. Fragale v. Brigham, 741 A.2d 788 (Pa. Super. 1999). If a doctor uses his best judgment and exercised reasonable care and had the requisite knowledge or ability, even if complications result from the procedure the doctor is not liable. A health care provider neither guarantees nor warrants a cure or result of treatment. Orozco v. Children's Hospital, 638 F. Supp. 2801 (E.D. Pa. 1986). A course or treatment that culminates in a bad result is not evidence of negligence in a malpractice case. Ragan v. Steen. 229 Pa. Super. 515, 521, 331 A.2d 724, 728 (1974). Another issue is the statute of limitations. Some of the work complained of occurred more than two years before the suit was brought. 42 Pa. C.S. § 5524 (2). These were matters in regard to which Plaintiff could reasonably ascertain the existence of an injury and its cause more than two years prior to filing suit. Murphy v. Saavedra, 560 Pa. 423, 740 A.2d 92 (2000). The Plaintiff in a medical malpractice case may be found guilty of contributory negligence. Berry v. Friday, 324 Pa. Super. 499, 472 A.2d 191 (1984). Such causative contributory negligence bars Plaintiffs action if Plaintiff is guilty of more than 50% of any causative negligence and otherwise reduces any verdict recoverable. 42 Pa. C.S. § 7102(a). The example in Berry is where a coronary patient remains in an overweight condition and drinks and smokes. A plaintiff can also be negligent in failing to give a physician a proper history. Pratt v. Stein, 298 Pa. Super. 92, 444 A.2d 674 (1982). A plaintiff can be negligent in failing to report symptoms. Levine v. Rosen, 394 Pa. Super. 178, 575 A.2d 579 (1990). The plaintiff can be guilty of contributory negligence in failing 4 to return for follow-up medical care. Ayoub v. Spencer, 550 F.2d 164 (3d. Cir. 1977), or failing to follow the physician's orders. Morganstein v. House, 377 Pa. Super. 512, 547 A.2d 1180 (1988). (4) SUMMARY OF LEGAL ISSUES REGARDING ADMISSIBILITY OF TESTIMONY, EXHIBITS OR ANY OTHER MATTER The photographic enlargements of Ms. Andree's teeth should not be admitted into evidence. These were taken seven months to a year after Plaintiff ceased treating with Dr. Staab. These enlargements provide a gross distortion and exaggeration. As noted by our dental expert, Dr. Jerrold W. Miller, "Using this process of extreme magnification, Dr. Unger found fault with just about everything in Debra's mouth. I find this to be an appalling misuse of information." Just as a spider mite can be magnified many times to appear as a ferocious beast, extreme magnification of the mouth distorts reality. The extreme prejudice of this technique far outweighs it probative value. (5) IDENTITY OF WITNESSES TO BE CALLED H. Clarke Staab D.M.D. Jerold W. Miller, D.D.S. (dental expert) Edward A. Marcus, D.D.S. (periodontal expert) Debra Andree (as of cross) Richard Andree (as of cross) Eric G. Unger D.D.S. Craig M. Anzur D.M.D. 5 Custodians of records if no stipulation regarding admissibility of records listed as exhibits. Dr. Steven Suden Dr. Steven Kreiner Dr. Emanuel Bakalbassi (6) LIS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. T OF EXHIBITS Records, x-rays and bills of H. Clarke Staab D.D.S. Records, x-rays and bills of Eric G. Unger D.D.S. Records, x-rays and bills of Craig M. Anzur D.M.D. Records, x-rays and bills of Endodontics Associates Records of Emanuel Bakalbassi, D.D.S. Records of Craig Lahar, D.M.D. Records and bills of Donald D. Dinello D.M.D. Records of George Harhigh M.D. Records of Jane Conroy D.O. Curriculum Vitae of Jerrold W. Miller D.D.S. Curriculum Vitae of Edward A. Marcus D.D.S. Deposition of Debra Andree Deposition of Richard Andree Deposition of Eric G. Unger D.D.S. 6 (7) THE CURRENT STATUS OF NEGOTIATIONS Plaintiffs current demand for settlement is $60,000. The Defendant's current settlement offer is $30,000. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By 141e,1414 0 Ran all G. Gale, Esquire Attorney I.D. No. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648 Attorney for Defendant H. Clarke Staab, D.D.S. 7 CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire, of the firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I sent a true and correct copy of the foregoing PRETRIAL MEMORANDUM has been mailed this 01 day of 2002 to the following by United States first-class mail, postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP By: A4W;'161'6e6 Ran dal . Gale, Esquire 8 PA a n O P4 a m ? pp+Ovi 0 a P+ < zz a x H ]NI'IYNIN:YNYjyNyLGi at W wtNSinlQ v "TJTiI i1r6 1tY 13? RfR 0 1 2UU't DEBRA ANDREE, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. H. CLARKE STAAB, D.D.S., DEFENDANT . NO. 99-2878 Civil : CIVIL ACTION-AT LAW : JURY TRIAL DEMANDED PRETRIAL MEMORANDUM OF PLAINTIFF IN ACCORDNACE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 212.4 1. STATEMENT OF BASIC FACTS AS TO LIABILITY. Debra Andree is a 45-year-old woman who lives in Mechanicsburg, Pennsylvania. She was a patient of the Defendant H. Clarke Staab, D.D.S. from 1974 to 1996. She was seen by Dr. Staab on a regular basis over that twenty two (22) year period for examinations, x-rays and restorations. In June of 1997 Mrs. Andree consulted with Eric G. Unger, D.D.S. At that time, she learned that she had numerous defective restorations and areas of decay (12 in number). Dr. Unger, who is also acting as an expert witness, stated in his report "The patient's mouth had the appearance of someone who has not had dental care for a long time. It is my opinion that many if not all the defective restorations and decayed areas were present at the time of the patient's last examination which was only 7 months prior ...In summary 1 feel the patient has been treated below the standard of care in our community. There is evidence of not only poorly placed restorations and decay, but more importantly the lack of care, diagnosis and treatment recommendations for multiple areas of obvious dental disease." There were also areas of bone loss present when she left the care of Dr. Staab. She was referred to a local periodontist, Craig M. Anzur, D.M.D. for periodontal treatment. Dr. Anzur, who has also agreed to be an expert witness in this case, has opined, "It is my opinion that the standard of care was breached in this case by Dr. H. Clarke Staab and that a lack of basic diagnostic skills was demonstrated prior to 1996. Dr. Staab specifically placed clinically unacceptable restorations in Mrs. Andree's teeth that directly resulted in bone loss. Further, he failed to diagnose periodontal disease and failed to refer her to a periodontist for diagnosis and treatment." 11. STATEMENT OF BASIC FACTS AS TO DAMAGES. As a result of the negligence of Dr. Staab, Mrs. Andree has been required to undergo extensive dental and periodontal treatment. She has required treatment to teeth numbers 2, 3, 6, 9, 10, 14, 15, 18, 19, 27, 30 and 31. This includes new restorations, porcelain veneers, root canals, crowns, scaling and root planing, osseous crown lengthenings, periodontal surgery, and endodontic work. Mrs. Andree has incurred dental expenses in excess of $12,000.00. Mrs. Andree's dental treatment to restore her teeth has taken several years and has still not concluded. The numerous fillings, root canals and periodontal treatments have been extremely painful and disruptive to her life. She risks losing several of her more seriously damaged teeth. III. STATEMENT AS TO PRINCIPAL ISSUES OF LIABILITY AND DAMAGES. th sides have produced expert witness reports outlining their positions on liabilityBo. The principal issues of liability are whether Dr. Staab performed adequate dental services, specifically, identifying dental decay, placing adequate restorations and checking for periodontal disease, and whether Mrs. Andree was a compliant patient. The principal issues with regard to damages are the value of Mrs. Andree's claim for noneconomic damages and whether or not her expenses are related to Dr. Staab's negligence. 11 IV. SUMMARY OF LEGAL ISSUES REGARDING ADMISSIBILITY OF TESTIMONY, EXHIBITS OR ANY OTHER MATTER. Plaintiff is not aware of any issues regarding the admissibility of testimony, exhibits or other matters. V. IDENTITY OF WITNESSES TO BE CALLED. Debra Andree Richard Andree Eric G. Unger, D.D.S. Craig M. Anzur, D.M.D. H. Clarke Staab, D.D.S. Dental records and bills custodians for Dr. Unger, Dr. Anzur and Endodontics Associates, if no stipulation regarding admissibility is reached. VI. LIST OF EXHIBITS 1. Dental records, x-rays and bills of H. Clarke Staab, D.D.S. 2. Dental records, x-rays and bills of Eric G. Unger, D.D.S. 3. Dental records, x-rays and bills of Craig M. Anzur, D.M.D. 4. Dental records, x-rays and bills of Endodontics Associates 5. Photographs of Plaintiffs teeth VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS. Plaintiff's current demand for settlement is $65,000.00. Defendant's current settlement offer is $30,000.00. Respectfully submitted, SMIGEL, ANDERSON & SACKS By: C. We A ideison, Esquire ID# 21315 2917 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorneys for Plaintiff DEBRA ANDREE, V. NO. 9 q - :z 8'18 Lov ?C ?c 1r..? H. CLARKE STAAB, D.D.S., CIVIL ACTION -AT LAW DEFENDANT JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the Defendant and deliver it to the Sheriff for service on him as follows: IN THE COURT OF COMMONS PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA H. Clarke Staab, D.D.S. 529 E. Trindle Road Mechanicsburg, PA 17055 Respectfully submitted, S111GEL, ANDERSON & SACKS Date: c 7'/ v ^' C. Le At Berson, Esquire 1.D. 1t: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff Ssn t/ i N ! r c : Ci' O U 7t- _ W ? co VO Commonwealth of Pennsylvania County of Cumberland Debra Andree 9 Victor Lane Mechanicsburg, PA 17055 Vs. H. Clarke Staab, D.D.S. 529 E. Trindle Road Mechanicsburg, PA 17055 Court of Common Pleas No. __ 99-2878________ Civil Term_____ Wc___ 11, Civi1 Action_ _ Iaw ------------------- To --- H._ Clarke_Staab,_ D,D _S-______________ You are hereby notified that _ Debra Andree-------------.-------------------------------------- the Plaintiff has commenced an action in ------ rivil.Iaza________-.._____________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) R?_I??Ilg----------------------- qq A,- Prothonottaa(ry Kl ly _?A..__9: S ias1------------ Date ------- MY-IZ--------------- 19._59 By Deputy 9 N, h 03 a?{ °j I z A ro A 0 ca ci ro m X U a 0 m z JJ 0 0 ?C7r V UI N SHERIFF'S RETURN - REGULAR CASE NO: 1999-02878 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDREE DEBRA VS. STAAB H CLARKE RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STAAB H CLARKE D D S the defendant, at 19:38 HOURS, on the 24th day of May 1999 at 6373 STEPHENS CROSSING MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to H. CLARKE STAAB D.D.S. a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answer. Docketing 18.00 4 Service 6.82 Affidavit .00 omas-R ine, rl Surcharge 8.00 R- X32.62-SM GEh, ANDERSON & SACKS 0525/1999 by ?? --? pu-y e Sworn and subscribed to before me this 4` day of7k 19 4x( ^1 A.D..? Imo---. ( . rr-=onor.a DEBRA ANDREE, V. iN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., CIVIL ACTION -AT LAW DEFENDANT JURY TRIAL DEMANDED N O T I C E YOU HAVE BEENSUEU IN COURT. If voti wish to detend against the claims set forth in the following pages, you must take action within m enty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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. Court Administrator Cumberland County Courthouse Court Administrator Fourth Floor Carlisle,PA 1',013 (717) 240-6200 NOTICI,% Le ban demandadoa asted en la corte. Si usted quiere defenderse de estas demandas expuestas en las pagntas siguicntcs, usted tiene viente (20) dies de plane al panir de la facha de I;i demanda y la noti.licacion. ('sled debe presentar una apariencia escrita o cn Persona o par abugado archivar cn la come en lornia escrita sus defensas o sus objecuones a las demandas encontra de su persona. Sea avisado que si usted no se defiende. la cone tomara medidas y puede entrar una Orden contra usled sin previo a%iso o notiticacion y pot cualquicr queja o alivio que es pedido en la peticion de demanda. Usted puede pridcr dincro a sus pruptedades o otros derechus unpurtantes para usted. /CLA/slei/Notice To IkrendtieptemMer 21, 1997 2:03 I'M I.LIiVr ESTA DI:MANDA A UN ABODAGO INMEDIATAMENTE. St NO TIENE ABOGADO 0 S! NO TIENE EL DINIiRO SUPICIEMI'E Uli I)AGAR TAI_ SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA A13AJO PARA AVERIGUAR DONDI SE PLIEDE CONSEGUIR ASISTENCIA LEGAL.. Court Administrator Clunberland County Coullhouse Comm Administrator Poulllt Floor Carlisle, PA 17013 (717) 240.6200 /CLA/slc%/Complainltieptcmhcr a, 1991) I:SG iN DEBRA ANDREE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-2878 Civil H. CLARKS STAAB, D.D.S., CIVIL ACTION- AT LA W DEFENDANT : JURY TRIAL DEMANDED (COMPLAINT L Plaintiff, Debra Andree, is an adult individual residing at Nine Victor Lane, Mechanicsburg, Cuntberiand County. Pennsylvania. 2. Defendant, H. Clarke Staab, D.D.S., is an adult individual licensed to practice dentistry in Pennsylvania, with offices located at 6373 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about November of 1974, the parties formed a doctor/dentist-patient relationship wherein the defendant provided dental services to the plaintiff on a regular and ongoing basis and undertook to treat and care for and do everything necessary and proper for plaintiff's teeth, mouth and supporting structures. 4. Throughout the period of this professional relationship, defendant examined plaintiffs teeth on a regular basis, and was in a position to discover plaintiffs dental problems and conditions as they ocCUITed and/or changed. 4990.1.8 5. Throughout this period del'endanl so negligently examined, x-rayed, diagnosed, failed to diagnose and treat plaintifl'and so negligently cared for plaintiff that plaintiff was caused to and did sull'er the injuries hereinaller set forth. 6. Delcndanl's negligence consisted ol'the following: a. Failure to du periodontal testing and/nr charting. h. Faihnr to diagnose periodontal disease. C. Faihue to dncument the types ul'resturative materials and anesthetics used. d. Failure to dialtuase gingivitis. c. Failure In beat gingivitis. f. Faulute ua ahal;nuse dental decay. g. Fallule to ttcal dental decay. h. Pl acemcnl ol'del'ective restorations. i k"1111c to rcplacc dclirc k e restorations. j. I :ailaur an belt ur rcconunend treatment for overhangs. 7. As a duvet acsuh arl'the allmementioned negligence, plaintiff claims the folluwing damages: it. Taut, sull''ering, annoyance and inconvenience, past. present and future. b. Loss of life's pleasures, past, present and future. c. Loss of earnings, past, present and future. d. I kntal expenses lbr corrective dental work. 11 4990.1.8 WHEREFORE, plaintiff demands judgment against defendant in at, amount in excess of this county's mandatory arbitration limits. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: a 7 ! `l Attomeys for Plaintiff 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 VERIFICATION 1, Debra Andree, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. `4904, II relating to unsworn falsification to authorities. Date: (? -Z 3 - ,) --? /CLA/sIOCerniricate orSmiceScpicmba 28, 1999 9:40 AM DEBRA ANDREE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., : CIVIL ACTION - AT LAW DEFENDANT : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, hereby certify that a true and correct copy of the foregoing Complaint was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 28th day of September, 1999: H. Clarke Staab 5229 East Trindle Road Mechanicsburg, PA 17055 Date: 2 [', i l'-! (l SMIGEL, ANDERSON & SACKS C. Le nderson, Esquire I.D. #::.1315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff lf? ?? CV y (,-? r? I'J r_.1 ^J n ??f ?= _ ? .: 1_ ry:- ?1 ?::a ..... i (1_. ?...? ?-i'._ (?.I? ??'?IIJ V: IL. C-' ? ? t? ? <J /CLA/sIU/Certificate of5erviccOctaber 1, 19992:55 I'M DEBRA ANDREE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., : CIVIL ACTION - AT LAW DEFENDANT : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, hereby certify that a true and correct copy of the foregoing Complaint was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this I st day of October, 1999: H. Clarke Staab 6373 Stephens Crossing Mechanicsburg, PA 17055-2347 SMIGEL, ANDERSON & SACKS Date: (t ?? /_T Cf CI C. Led A#derson, Esqui I. D. #: 2''1315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff } Q M L:,, Li? fT DEBRA ANDREE, Plaintiff V. H. CLARKE STAAB, D.D.S. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-2878 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter the appearance of Gary T. Lathrop, Esquire and Thomas, Thomas & Hafer, LLP as attorneys for Defendant H. Clarke Staab, D.D.S. in this matter. THOM S, THOMAS & HAFER, LLP By: Gary T. Lathrop, Esquire I.D. No. 76582 305 North Front Street P,O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7127 Attorneys for Defendant H. Clarke Staab, D.D.S. CERTIFICATE OF SERVICE I, Gary T. Lathrop, Esquire, of the firm of Thomas, Thomas & Hafer, LLP, do hereby certify that on this Ih day of Q'-L A , 1991, 1 sent a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE to the following by United States first-class mail, postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP By:? ,/ .Gary T. Lathrop, Esquire I.D. No. 76582 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7127 Attorneys for Defendant H. Clarice Staab, D.D.S. r- ? W ^ 9 W a F o y N ? ? o m a ~ O N o p a jr a o x m DEBRA ANDREE, Plaintiff V. H. CLARKE STAAB, D.D.S. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-2878 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Debra Andree c/o C. Lee Anderson, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 You are hereby notified that you are required to respond to the enclosed New Matter within twenty (20) days of service or judgment may be entered against ,you. THOMAS, THOMAS & HAFER, LLP By: 4Ga. Lathro , Esquire I.D. No. 76582 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7127 Attorneys for Defendant H. Clarke Staab, D.D.S. DEBRA ANDREE, Plaintiff V. H. CLARKE STAAB, D.D.S. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-2878 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO COMPLAINT AND NOW, comes H. Clarke Staab, D.D.S., the Defendant, by and through his attorneys, Thomas, Thomas & Hafer, LLP, to answer Plaintiffs Complaint as follows: 1. The responding Defendant is without knowledge or information sufficient to either admit or deny the averments contained in paragraph 1 of Plaintiffs Complaint. Pursuant to the Pa.R.C.P., said averments are therefore denied and proof thereof is demanded at the time of trial. 2. Admitted. 3.4. The averments contained in paragraphs 3-4 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Pursuant to the Pa.R.C.P., said averments are therefore denied and proof thereof is demanded at the time of trial. 5. The averments contained in paragraph 5 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. Furthermore, at all times relevant hereto, H. Clarke Staab, D.D.S. acted in accordance with the required standards of dental care and did not cause Plaintiffs alleged injuries. 6. The averments contained in paragraph 6 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. Furthermore, at all times relevant hereto, H. Clarke Staab, D.D.S. acted in accordance with the required standards of dental care and did not cause Plaintiffs alleged injuries. 7. The averments contained in paragraph 7 of Plaintiffs Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. Furthermore, at all times relevant hereto, H. Clarke Staab, D.D.S. acted in accordance with the required standards of dental care and did not cause Plaintiffs alleged injuries. WHEREFORE, the responding Defendant demands judgment in his favor and against Plaintiff. NEW MATTER By way of further response to the allegations contained in Plaintiffs Complaint, the responding Defendant hereby raises the following New Matter pursuant to Pa.R.C.P. 1031: 2 8. All care and treatment rendered to Debra Andree by the responding Defendant was appropriate, reasonable and within the required standards of dental care and did not cause Plaintiffs alleged injuries. 9. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 10. To the extent that evidence may show that other persons, partnerships, corporations, or other legal entities caused or contributed to the injuries and/or the exacerbation of the pre-existing conditions of Plaintiff, Debra Andree, as alleged, then the conduct of responding Defendant was not the proximate cause of such conditions or injuries. 11. Injuries and damages, if any, sustained by the Plaintiff as averred in the Complaint, were caused in whole or in part by persons or entities over whom the responding Defendant had no duty to supervise or control; and therefore, the responding Defendant is not liable and Plaintiff may not recover against her. 12. Plaintiffs injuries and losses, if any, were not caused by the conduct or negligence of the responding Defendant, but rather were caused by dental conditions and causes beyond the control of the responding Defendant; therefore, Plaintiff may not recover against her. 13. Any acts or omissions of the responding Defendant alleged to constitute negligence were not substantial contributing factors to the injuries and damages alleged in Plaintiffs Complaint. 14. The acts or omissions of others and not responding Defendant constitutes intervening and/or superseding causes of the injuries and/or damages alleged to have 3 been sustained by Plaintiff and responding Defendant cannot, therefore, pursuant to Pennsylvania law, be held liable for the alleged injuries to Plaintiff. 15. The sole responsibility for any damages sustained by Plaintiff rests with Plaintiff or third parties over whom the responding Defendant had no control, no duty to control, or reason to control. 16. So far as the responding Defendant elected a treatment modality which is recognized as proper, but which may differ from another appropriate treatment modality, then responding Defendant raises the "two schools of thought" defense. 17. Plaintiffs claims are barred by the applicable statute of limitations. 18. Plaintiffs allegations are vague and insufficiently pleaded under Pennsylvania law. 19. Plaintiffs claims are barred and/or limited by the Health Care Services Malpractice Act. WHEREFORE, the responding Defendant demands judgment in his favor and against Plaintiff. THOMAS, THOMAS & HAFER, LLP LBY: z'G4 Ao Gary T. Lathrop, Esquire I.D. No. 76582 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7127 Attorneys for Defendant H. Clarke Staab, D.D.S. 4 DEBRA ANDREE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff V. NO. 99-2878 Civil H. CLARKE STAAB, D.D.S. CIVIL ACTION LAW Defendant JURY TRIAL DEMANDED VERIFICATION I, H. Clarke Staab, D.D.S., hereby state and aver that I have read the foregoing ANSWER WITH NEW MATTER which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. DATED: ??%?a ?? i -'A . C arke Staab, D.D.S. CERTIFICATE OF SERVICE I, Gary T. Lathrop',, Esquire, of the firm of Thomas, Thomas & Hafer, LLP, do hereby certify that on this day of (l r j v/ 1999, 1 sent a true and correct copy of the foregoing ANSWER WITH NEW MATTER to the following by United States first-class mail, postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP By: ary T. Lathrop, Esquire I.D. No. 76582 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7127 Attorneys for Defendant H. Clarke Staab, D.D.S. r c%i pl' O i u. LL 1... ni N J 1 c. G r•aa O cn .i m v L 9 W m 0 ¢ O N n ? A ?"' Z 01 4 V R % O O N ¢o a w z < O V ? N DEBRA ANDREE, IN 7'IIE COUIt1' OF COAfAION PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. If. CLARKE STAAB, D.D.S., NO. 99-2878 Civil CIVIL ACTION- AT LAN : JURY TRIAL, DEMANDED CERTIFICATE OF SERVICE 1, C. Lee Anderson, Esquire, Attorney for Plaintiff, do hereby certify that on N ro'J 127 / `I 7 9 , I served an original and one copy of Plaintiff's Request for Production of Document Directed To H. Clarke Staab, D.D.S. in the above captioned matter, by depositing same in the United States Mail, first class, postage paid, addressed as follows: Gary T. Lathrop Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor PO Box 999 Harrisburg, PA 17108 Date: ./j;)J DEFENDANT SMIGEL,ANDER ON &SAFKS By: C. Lee Anderson, Esquire I.D. #21315 2917 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorneys for Plaintiff - 5 - C T ? M ? N ulW ? ' C7 N[L O O DEBRA ANDREE, V. PLAIN'T'IFF 11. CLARKE STAAll, D.D.S., DEFENDANT IN'1 HE COURT OF COAMION PUAS CUNIBERLAND COUN'T'Y, PENNSYLVANIA NO. 99-2878 Civil CIVIL ACTION - A'1' LAN' JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, Attorney for Plaintiff, do hereby certify that on rtl J / 'T I served an original and one copy of Plaintiff's Interrogatories -- Addressed to Defendant - H. Clarke Staab, D.D.S. in the above captioned matter, by depositing same in the United States Mail, first class, postage paid, addressed as follows: Gary T. Lathrop Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor PO Box 999 Harrisburg, PA 17103 Date: /? ) o'j 7, SMIGEL, ANDERSON & SACKS 1 By' ---- C. Lee nddrson, Esquire LD.421315 2917 North Front Street Ilairisburg, PA 17110-12-13 (717) 2342401 Attorneys for Plaintiff c c r ?? q ]C , u u. cn cV Diu C. °' CF% /CLA/slc//Certificate of Scrvialkcember 17, 1999 10:52 AM DEBRA ANDREE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., CIVIL ACTION - AT LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kathleen A. Roth, hereby certify that a true and correct copy of the foregoing Plaintiff's Answers to Defendant's Expert Witness Interrogatories Directed to Plaintiff was personally served upon the following on this 17th day of December, 1999: Gary T. Lathrop, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor PO Box 999 Harrisburg, PA 17108 SMIGEL, ANDERSON & SACKS Date: / ;? - ?-Katblecn A. Roth Legal Assistant to C. Lee, 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 .> ,?- rr ?`' ll.l 1 `` ?_ ?, ?.?_ i`J i. i.?. i ?d. ?? 1, `} t"' , r.,' ?' r.. <,: ,. , ?i /CLA/sIN/Ceniricule of Serviccl3eccm1xr 17. 1999 10:53 AM DEBRA ANDREE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., : CIVIL ACTION - AT LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kathleen A. Roth, hereby certify that a true and correct copy of the foregoing Plaintiff's Answers to Defendant's Interrogatories Directed to Plaintiff was personally served upon the following on this 17th day of December, 1999: Gary T. Lathrop, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor PO Box 999 Harrisburg, PA 17108 Sb11GEL, ANDERSON & SACKS Date: /-?" /7 /? Kathleen A. Roth Legal Assistant to C. Lee 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 ?; ??? ?.? r ?..r`. c r_,- c,?.: ?;. <,,; r'; .,?. ,, ?. ,.::? :i': ,?; L) rl?! Cfi? LJ ?j /CLA/slel/Ceri l icule or Scn icclhccmb :r 17, 1999 11:39 AM DEBRA ANDREE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., CIVIL ACTION - AT LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kathleen A. Roth, hereby certify that a true and correct copy of the foregoing Plaintiff's Answers to Request for Production of Documents was personally served upon the following on this 17th day of December, 1999: Gary T. Lathrop, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor PO Box 999 Harrisburg, PA 17108 SMIGEL, ANDERSON & SACKS Date: /,)-- . l I - ,Kathleen A. Roth I egal Assistant to C. Lee Afiderson 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 fr N. • fill"; " _ C_) cln f•I _) /CLA/sle//Plaintil7's Reply To Now MauerOctobcr 22, 1999 4:26 NA 1. a+' YJaid3iNrnLU.`.:,J.'.wGp ,UGN+.w4'.eFWfN..yypyp DEBRA ANDREE, IN THE COURT OF COMMONS PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., CIVIL ACTION - AT LAW DEFENDANT JURY TRIAL DEMANDED PLAINT'IFF'S REPLY TO NEW MATTER AND NOW COMES the Plaintiff, Debra Andree, by and through her attorneys, Smigel, Anderson & Sacks, and makes the following reply to the new matter contained in Defendant's Answer: 8. The allegations of this paragraph constitute a conclusion of law to which no response is required. 9. The allegations of this paragraph constitute a conclusion of law to which no response is required.,. 10. Denied. Unless Defendant can show that other persons, partnerships, corporations or other legal entities solely caused the injuries sustained by the Plaintiff, then Defendant may still be jointly and/or severally liable with such other entities. 11. It is denied that the injuries and damages sustained by the Plaintiff were caused in whole or in part by persons or entities over whom the responding defendant had no duty to supervise or control, and strict proof thereof is demanded at trial. 12. It is denied that Plaintiff s injuries and losses were caused by dental conditions and causes beyond the control of the Defendant, and strict proof thereof is demanded at trial. 4990.1-& 13. The allegations of this paragraph constitute a conclusion of law to which no response is required. 14. The allegations of this paragraph constitute a conclusion of law to which no response is required. 15. It is denied that the sole responsibility for damages sustained by Plaintiff rests with Plaintiff or third parties over whom Defendant had no control, and strict proof of said responsibility is demanded at trial. 16. No response required. 17. The allegations of this paragraph constitute a conclusion of law to which no response is required. 18. The allegations of this paragraph constitute a conclusion of law to which no response is required. 19. It is denied that Plaintiff's claims are barred and/or limited by the Healthcare Services Malpractice Act. WHEREFORE, Plaintiff demands judgment against defendant as pled in her Complaint. Date: Cri,,,:r< ? ? l t t i SMIGEIL, ANDERSON & SACKS 1 C4Le, ndemon, Esquire I.D. #:'21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff 4990.1.8 DEBRA ANDREE, V. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA H. CLARKE STAAB, D.D.S., DEFENDANT N0.99-2878 Civil CIVIL ACTION - AT LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, hereby certify that a true and correct copy of the foregoing Plaintiff's Answer To New Matter was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this a S day of October, 1999: Gary T. Lathrop Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor PO Box 999 Harrisburg, PA 17108 SMIGEL, ANDERSON &r SACKS Date: 7 ?f ? I'll r C. Lee derson, Esquire I.D. 0: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff t:: ? ' . . ???, r? .?. . ? ?_ i .. [ .. ? i _. '? DEBRA ANDREE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, : PENNSYLVANIA V. . NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., : CIVIL ACTION - LAW DEFENDANT : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that I have served a true and correct copy of Notice of Oral Deposition upon counsel for Defendant as addressed below by depositing the same in the U.S. Mail, first class, postage prepaid, on 2000: H. Clarke Staab, D.D.S. c/o Gary Lathrop, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17108 Date: 1? Ll tJ,.k,i By: 0 ' SMIGEL, ANDERSON & SACKS C. Lee Fkfid/drson, Esquire I.D. No.: 21315 2917 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorneys for Plaintiff u 'r. .. l IJ I? ?\ lV ?.T f• (]_ FLU J ] C DEBRA ANDREE, Plaintiff V. H. CLARKE STAAB, D.D.S. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-2878 CIVIL ACTION -LAW JURY TRIAL DEMANDED WITHDRAWAL AND ENTRY OF APPEARANCE. Kindly withdraw the appearance of Gary T. Lathrop, Esquire and enter the appearance of Randall G. Gale, Esquire as attorney for the Defendant in this matter. Thomas, Thomas & Hafer, LLP will continue as counsel for the Defendant. THOMAS, THOMAS & HAFER, LLP By: A' l L? Randall G. Gale, Es uire I.D. No. 26149 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648 Attorneys for Defendants CERTIFICATE OF SERVICE I, Gary T. Lathrop, Esquire, of the firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I sent a true and correct copy of the foregoing WITH DRAWAIJENTRY OF APPEARANCE to the following by United States first-class mail, postage prepaid, addressed as follows: C. Lee Anderson, Esquire Smigel, Anderson & Sacks 2917 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP By: h , -'Gary T. Lathrop, E quire I.D. No. 76582 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7127 Attorneys for Defendant H. Clarke Staab, D.D.S. Date: ! z 3 {d' i /J/ a) LLI 111? W W m ?p r o f?j 1 N m - ? m 0 zo m a O T m a C O m v ° m .. z ¢ C1 `,l O 2 N 6. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ANDREE TERM, -vs_ CASE NO: 99-2878 STAAB As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RANDALL G. GALE ESQUIRE 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: 0212612001 ?S on be f f ?` °-??- NDALL:G. GALE, ESQUIRE ? Attorney for DEFENDANT DE11-237488 51544-L.03. C OMMO NWEAL T H OP PE NN S YLVAN =.a, COUNTY OP CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ANDREE -VS- TERM, CASE NO: 99_2818 STAAB ENDODONTICS ASSOCIATES MEDICAL DR. CRAIG ANZUR MEDICAL TO: C. LEE ANDERSON MCS on behalf of RANDALL G. GALE, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 02106/2001 HCS on behalf of CC: RANDALL G. GALE, ESQUIRE - 355-91465 Any questions regarding this matter, contact RANDALL G. GALE, ESQUIRE Attorney for DEFENDANT THE HCS GROUP INC. 1601 MARKET STREET (800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-144504 S 1.5 4 4- C O X COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.-VND ANDREE VS STAAB File No. 99-2878 CIVIL SUBPOENA TO PRODUCE DOCUME\TS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009?2) TO: CUSTODIAN OFRECORDS FOR: • ENDODONTICS ASSOCIATES (Name of Peron or Entity) Within rwe-:y (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the:easonable cost of preparing the copies or producing the things sought. If you fail to =oduce 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 ft- THIS SLBPOENA WAS ISSUED AT THE REQUEST OF-HE FOLLOWING PERSON: NAME: RANDALL G. GALE. ESQUIRE ADDRESS: 305 N. FRONT ST. 6TH FLOOR HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID 8: ATTORNEY FOR: nvrrmnAmT ?r DATE _ Seal of the Cburi (Etf. 7/97) EXPLANA'T'ION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ENDODONTICS ASSOCIATES 1199 COLONIAL ROAD HARRISBURG, PA 17112 RE: 51544 DEBRA A. ANDREE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: from: 02-01-2000 to the present. Subject : DEBRA A. ANDREE 9 VICTOR LANE, MECHANICSBURG, PA 17055 Social Security N: 178-50-6218 Date of Birth: 12-18-1956 SU10-289334 53-544-T,03. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ANDREE -VS- STAAB COURT OF COMMON PLEAS TERM, CASE NO: 99-2878 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of RANDALL G. GALE, ESQUIRE 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: 02/26/2001 RANDALL G. GALE, ESQUIRE Attorney for DEFENDANT DEII-237489 5 1 5 4 4- L 0 2 COMMONWEALTH O V P E NN S YLVAN =A COUNTY OF CLTMBEBLAND IN THE MATTER OF: COURT OF COMMON PLEAS ANDREE TERM, -VS- CASE NO: 99-2878 STAAB OF INTENT ENDODONTICS ASSOCIATES MEDICAb DR. CRAIG ANZUR MEDICAL TO: C. LEE ANDERSON MCS on behalf of RANDALL G. GALE, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. 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: 02106/2001 CC: RANDALL G. GALE, ESQUIRE - 355-91465 Any questions regarding this matter, contact MCS on behalf of RANDALL G. GALE, ESQUIRE Attorney for DEFENDANT THE NCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-144504 5 1 5 4 4- C O 3L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANDREE VS STAAB File No. 99-2878 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OFRECORDS FOR:CRAIG M. ANZUR, D.M.D. (Name of Peron or Entim) Within rwerry (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, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If sou fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME R M ALL G. GALE. ESOUIRE ADDRESS: 305 N. FRONT ST. 6TH FLOOR HARRISBURG,, PA 17108 TELEPHON=• 215-246-0900 SUPREME COURT ID N: ATTORNEY FOR: nFFFNnaUT DATE I In1?,,??f I Seal of the Court i" (Eff. 7/9i) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. CRAIG ANZUR 220 CUMBERLAND PARKWAY SUITE 10 MECHANICSBURG, PA 17055 RE: 51544 DEBRA A. ANDREE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: from: 03-01-2000 to the present. Subject : DEBRA A. ANDREE 9 VICTOR LANE, MECHANICSBURG, PA 17055 Social Security #: 178-50-6218 Date of Birth: 12-18-1956 , SU10-289336 5 1 5 4 4- L 02 w0V 0 9 2001 DEBRA ANDREE, PLAINTIFF V. H. CLARKE STAAB, D.D.S., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2878 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this Pi-dl dayof r3. •?„(, r , 2001, upon consideration of Plaintiff's Petition for Status Conference, it is hereby ordered that a status conference is scheduled on lC ?sC4 ,r.lr'-t_ l0 2001 to be held in Courtroom Number Cumberland County Courthouse, Carlisle, PAS 41? `' ' / 7' /'11 ' By The Court, i iY lj i!r' 9jJ iII (1? a? I i DEBRA ANDREE, PLAINTIFF V. H. CLARKE STAAB, D.D.S., DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 99-2878 Civil : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PETITION FOR STATUS CONFERENCE NOW COMES the Plaintiff, Debra Andree, by and through her attorneys, Smigel, Anderson & Sacks, and makes the following request for a status conference: 1. This case was commenced by the filing of a Praecipe for Writ of Summons on May 12, 1999. 2. The pleadings have closed. 3. The parties have engaged in extensive discovery. 4. The defendant has not yet produced an expert report nor has he indicated that one will not be forthcoming. 5. Plaintiff wishes to list the case for trial but does not want to do so until all expert reports have been provided. 11 WHEREFORE, Plaintiff prays that this Honorable Court schedule a status conference at which time deadlines can be imposed on the parties for the completion of all pretrial matters. Respectfully Submitted, SMIGEL, ANDERSON & SACKS Date: e fl & Ul O? / - By: Harrisburg, PA 17110-1223 (717) 234-2401 Attorneys for Plaintiff 2917 North Front Street DEBRA ANDREE, V. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA c NO. 99-2878 Civil H. CLARKE STAAB, D.D.S., : CIVIL ACTION - LAW DEFENDANT : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify that I have served a true and correct copy of a Petition for Status Conference upon counsel for Defendant as addressed below by depositing the same in the U.S. Mail, first class, postage prepaid, on egc;It L 2001: H. Clarke Staab, D.D.S. c/o Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor PO Box 999 Harrisburg, PA 17108 Date: L/ .? y / By: I.D. No.: 21315 2917 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorneys for Plaintiff SMIGEL, ANDERSON & SACKS -i '- 4 . ::. -' .i? . . ? , - I C:.. .. _i DEBRA ANDREE, Plaintiff VS. H. CLARKE STAAB, D.D.S., Defendant IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-2878 CIVIL CIVIL ACTION - LAW IN RE: PLAINTIFF'S PETITION FOR STATUS CONFERENCE ORDER AND NOW, this 30' day of November, 2001, on request of counsel for the plaintiff, the status conference in the above matter set for December 6, 2001, is continued to Thursday, January 3, 2002, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, A6F%- Hess, J. C. Lee Anderson, Esquire For the Plaintiff Randall G. Gale, Esquire For the Defendant 1 Arn „, DEBRA ANDREE, Plaintiff V H. CLARKE STAAB, D.D.S., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-2878 CIVIL TERM JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 3rd day of January, 2002, following status conference, it is ordered and directed that: 1. The defendant will provide to the plaintiff their expert periodontal report within thirty days of today. 2. The defendant shall forthwith schedule an independent medical examination, which examination shall occur within sixty days of today, with a report to be forthcoming as expeditiously as possible. 3. All other discovery in this case shall be concluded within ninety days of today. 4. The plaintiff is granted leave to list this case for the term commencing April 29, 2002. By the Court, • <% Kev'i A. Hess, J, /C. Lee Anderson, Esquire For the Plaintiffs QAp /Randall G. Gale, Esquire L?g For the Defendants :bg ? ?:II I ?I i'ENi???Yi)!f?`Piti l (X ) Civil Action - Law ( ) Appeal from Arbitration (other) i PRAECIPF. FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO TM PROTHONDTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) DEBRA ANDREE VS. (Plaintiff) H. CLARKE STAAB, D.D.S. VS. ( Defendant ) The trial list will be called on and Trials conTmnce on _ne_9o_n9 Pretrials will be held on 04-10-02 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 99-2878 Civil Action-Law 19u Indicate the. attorney who will try case for the party who files this praecipe: Indicate trial counsel for other parties if known: Randall G- r a1 ,V.SQj,irc This case is ready for trial. ,signed: Print Name: Date: _na_tI_02 Attorney for: Plaintiff ;r ?.1i __ E- -'i , -? r_'S n _ _._ ?? r.: r :- ??;u ?ri ?' c+: ( ' _a . C: +_ /CI.A/sIG/Cerlilicaic of SumiceMurch 20, 2012 4:33 PM DEBRA ANDREE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-2878 H. CLARKE STAAB, D.D.S., CIVIL ACTION - AT LAW DEFENDANT JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, C. Lee Anderson, hereby certify that I have served a true and correct copy of Notice of Videotaped Deposition upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this 20th day of March, 2002: Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 Craig M. Anzur, D.M.D. 220 Cumberland Parkway, Suite 10 Mechanicsburg, PA 17055 Geiger & Loria Reporting Service 2408 Park Drive, Suite B Harrisburg, PA 17110 Date: u?a?> 2. ?) ?CZJ L SM[GE N III ON & SACKS C. rce Anderson, Esquire I.D. #: 21315 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 , Attorneys for Plaintiff ,., ' ._ -, ?. _.. -- _? > /PMMAIMPRAECIPE TO DISCONTINUEMay I, 2002 4:53 PM DEBRA ANDREE, PLAINTIFF V. H. CLARKE STAAB, D.D.S., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2878 Civil CIVIL ACTION - AT LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above-captioned action with prejudice. SMIGEL, ANDERSON & SACKS Date: 2`1? Z i Z' 0 U r/ Zfl fiv v 1/ C. ]re Anderson, Esquire I.D. : 21315 River Chase Office Center, 3`d Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ;., - .? ?? :-? ,, -: . _ ?.> 5865.1.8 DEBRA ANDREE, V. : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA H. CLARKE STAAB, D.D.S., DEFENDANT NO. 99-2878 Civil : CIVIL ACTION-AT LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, C. Lee Anderson, Esquire, hereby certify thata true and correct copy of the foregoing Praecipe to Discontinue was served upon the following as addressed below by depositing the same in the United States Mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania on this Z-?Aday of cu , 2002: Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor PO Box 999 Harrisburg, PA 17108 SMIGEL, ANDERSON & SACKS Date: 2 2,? o-L C.ee nderson, Esquire I.D. #: 21315 River Chase Office Center, 3`d Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ,., - ,;; '? - =_; ., -' `: ? , - 'i?5? ,:, ;?.. . :;, ,. <,