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HomeMy WebLinkAbout99-04783 e 3 ;li BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights, Plaintiffs Vs. ANNE MARIE MANNING, M.D.; SPIRIT PHYSICIAN SERVICES, INC., d/b/a CENTER FOR WOMEN'S HEALTH AND WELLNESS, Defendants NOTICE TO PLEAD TO: Benjamin and Sherry Faesel, Plaintiffs c/o Carol Nelson Shepherd, Esquire Feldman, Shepherd & Wohlgelernter 25ih Floor 1845 Walnut Street Philadelphia, PA 19103 NO. 99.4783 Civil JURY TRIAL DEMANDED You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. l I MET*, EVANS $!yV 5 DE By: Craig A. Stone, Esquire Supreme Court I.D. #15907 3401 North Front Street P.O. Box 595Q, Harrisburg, PA 17110.0950 (717) 232-5000 COURT OF COMMON PLEAS CUMBERLAND COUNTY Attorneys for Defendants, Anne Marie Manning, M.D., Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness DATED: November 30, 1999 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights, Plaintiffs VS. ANNE MARIE MANNING, M.D.; SPIRIT PHYSICIAN SERVICES, INC., d/b/a CENTER FOR WOMEN'S HEALTH AND WELLNESS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-4783 Civil JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT AND NOW COME the Defendants, Anne Marie Manning, M.D., hereinafter referred to as "Dr. Manning," Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness, hereinafter referred to as "Center" and hereinafter sometimes collectively referred to as "Answering Defendants" by their attorneys, Mette, Evans & Woodside, who answer Plaintiffs' Amended Complaint with New Matter as follows: 1. After a reasonable investigation, Answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraph of Plaintiffs' Amended Complaint, the same are therefore denied and strict proof, if relevant, is demanded at time of trial. 4 2. Denied for reasons set forth in Paragraph 1. yy 3. Admitted. 4. Denied as stated. Rather, Spirit Physician Services, Inc. ("SPS"), is a Pennsylvania non-profit corporation with a principal place of business at 210 Senate Avenue, Camp Hill, Pennsylvania. 5. Denied as stated. Rather, Dr. Manning was an employee of SPS. 6. Denied as stated. Rather, Dr. Manning provided obstetrical services to Mrs. Faesel from September 23, 1997, through February 20, 1998. SPS was not licensed to practice medicine and provided no medical or obstetrical care. 7. The averments of the corresponding paragraph of Plaintiffs' Amended Complaint contain conclusions of law to which no answer is required. If an answer is deemed required, denied as stated. It is admitted that Dr. Manning was Board certified in obstetrics and gynecology and was required to practice within the applicable medical-legal standard of care for obstetricians. 8. Denied as stated. Rather, Dr. Manning's records and progress note from September 23, 1997, are incorporated by reference as though fully set forth. 2 9. Denied as stated. It is admitted that Mrs. Faesel attended scheduled prenatal visits on October 7, 1997, and November 5, 1997, with Dr. Manning. The records and progress notes pertaining to said visits are incorporated by reference as though fully set forth. 10. Denied as stated. It is admitted that an ultrasound was ordered by Dr. Manning and performed on November 25, 1997. The report of said ultrasound is incorporated by reference as though fully set forth. 11. Denied as stated. It is admitted that Mrs. Faesel was seen by Dr. Manning for a scheduled prenatal visit on December 10, 1997. Dr. Manning's records and progress note of said visit are incorporated herein by reference as though fully set forth. 12. The averments of the corresponding paragraph are overly broad and vague. To the extent that an answer is required, at all times material to Plaintiffs Amended Complaint, Dr. Manning monitored Plaintiffs pregnancy within the applicable medical-legal standard of care for obstetricians. 3 13-14. Denied as stated and in accordance with Pa.R.C.P. 1029(e). It is admitted that at about 8:50 a.m. on December 21, 1997, Mrs. Faesel called Dr. Manning at her home to report that the information contained in Dr. Manning's progress note of December 21, 1997, which is incorporated by reference as though fully set forth. Dr. Manning's response is likewise set forth in the incorporated note. 15. Denied for reasons set forth in Paragraph 1. 16-17. Denied as stated and in accordance with Pa.R.C.P. 1029(e). Mrs. Faesel was directed to go to the Birth Place at Holy Spirit Hospital. It is admitted that at about 6:16 p.m. on December 21, 1997, Mrs. Faesel spoke by phone with Dr. Manning who was then at Holy Spirit Hospital to report the information contained in Dr. Manning's progress note of December 21, 1997, which is incorporated by reference as though fully set forth. Dr. Manning's response is likewise set forth in the incorporated note. 18. Denied as stated. Rather, the Holy Spirit Hospital Birth Place records noting that Mrs. Faesel was admitted at 6:45 p.m. are incorporated by reference as though fully set forth. On initially entering the Birth Place, Mrs. Faesel acknowledged Dr. Manning who was seated at a nursing station in connection with the care of another 4 patient. Mrs. Faesel was advised that Dr. Manning would see her as soon as she was changed, settled in the labor room, had undergone initial protocol activities including being placed on the electronic fetal monitor. 19. Denied for reasons set forth in Pa.R.C.P. 1029(e). Dr. Manning was at the Holy Spirit Hospital at all times after Mrs. Faesel was admitted and while the patient changed, was oriented to the labor room, was placed on the monitor, and while standard protocol was initiated which included the taking of a urine sample, placement at bed rest, and the production of meaningful electronic fetal monitoring strips. It is admitted from the hospital records, that Dr. Manning performed a vaginal examination at about 7:50 p.m. finding Mrs. Faesel to be dilated to 8 cm. Dr. Manning's orders are incorporated by reference from the hospital records. 20. Denied as stated. It is admitted that Dr. Manning called Dr. James Hole, a perinatologist, at approximately 11:30 p.m. to ask for his input in Mrs. Faesel's management. Hospital's records are incorporated by reference as though fully set forth. 21. It is admitted from hospital's records, at about 3:00 a.m. on December 22, 1997, Mrs. Faesel called out having felt a "big gush" after having been resting and sleeping earlier. That information was contemporaneously imparted to Dr. Manning by the nursing staff by telephone. Further, according to hospital's records, at or about 7:30 a.m., Dr. Manning wrote orders preparatory to transfer of Mrs. Faesel from Holy Spirit Hospital to Harrisburg Hospital. 22-24. After reasonable investigation, Answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraphs of Plaintiffs' Amended Complaint concerning care rendered to Mrs. Faesel at Harrisburg Hospital, the same are therefore denied and strict proof, if relevant, is demanded at time of trial. Harrisburg Hospital's records are incorporated by reference as though fully set forth. COUNT I - NEGLIGENCE BENJAMIN AND SHERRY FAESEL, AS PARENTS AND NATURAL GUARDIANS OF BAILEY FAESEL, A MINOR, AND AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED AND BENJAMIN AND SHERRY FAESEL IN THEIR OWN RIGHTS V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 25. The averments of Paragraphs 1 through 24 hereof are incorporated by reference as though fully set forth. 26. Denied in accordance with Pa.R.C.P. 1029(e). Rather, at all times material to Plaintiffs' Amended Complaint, Dr. Manning acted in accordance with the applicable medical-legal standard of care for obstetricians. SPS was not negligent in connection with services it rendered through its agents. WHEREFORE, Defendants, Anne Marie Manning, M.D. and Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness, demand that Plaintiffs' Amended Complaint be dismissed with costs to them. COUNT II - DAMAGES BENJAMIN AND SHERRY FAESEL, AS PARENTS AND NATURAL GUARDIANS OF BAILEY FAESEL, A MINOR, AND BENJAMIN AND SHERRY FAESEL IN THEIR OWN RIGHT V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 27. The averments of Paragraphs 1 through 26 hereof are incorporated by reference as though fully set forth. 28-30. The averments of Paragraph 26 are incorporated by reference as though fully set forth. After reasonable investigation, Answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraphs of Plaintiffs' Amended Complaint relating to damages, the same are therefore denied and strict proof, if relevant, is demanded at time of trial. WHEREFORE, Defendants, Anne Marie Manning, M.D. and Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness, demand that Plaintiffs' Amended Complaint be dismissed with costs to them. COUNT III - WRONGFUL DEATH BENJAMIN AND SHERRY FAESEL, AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 31. The averments of Paragraphs 1 through 20 hereof are incorporated by reference as though fully set forth. 32. The averments of the corresponding paragraph of Plaintiffs' Amended Complaint are conclusions of law to which no answer is required. 33. Denied for reasons set forth in Paragraph 1. 34. Denied for reasons set forth in Paragraph 28. WHEREFORE, Defendants, Anne Marie Manning, M.D. and Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness, demand that Plaintiffs' Amended Complaint be dismissed with costs to them. COUNT IV - SURVIVAL ACTION BENJAMIN AND SHERRY FAESEL, AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 35. The averments of Paragraphs 1 through 34 hereof are incorporated by reference as though fully set forth. 36. The averments of the corresponding paragraph are conclusions of law to which no answer is required. If an answer is required, the same are denied for reasons set forth in Paragraph 28. WHEREFORE, Defendants, Anne Marie Manning, M.D. and Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness, demand that Plaintiffs' Amended Complaint be dismissed with costs to them. COUNT V - DAMAGES NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS BENJAMIN FAESEL, IN HIS OWN RIGHT V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 37. The averments of Paragraphs 1 through 36 hereof are incorporated by reference as though fully set forth. 38. Denied in accordance with Pa.R.C.P. 1029(e) and Paragraph 26. 39. Denied for reasons set forth in Paragraph 28. WHEREFORE, Defendants, Anne Marie Manning, M.D. and Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness, demand that Plaintiffs' Amended Complaint be dismissed with costs to them. COUNT VI - DAMAGES NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS SHERRY FAESEL, IN HER OWN RIGHT V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 40. The averments of Paragraphs 1 through 39 hereof are incorporated by reference as though fully set forth. 41. Denied for reasons set forth in Paragraph 26. 42. Denied for reasons set forth in Paragraph 38. 43. Denied for reasons set forth in Paragraphs 26 and 28. 10 44. The averments of the corresponding paragraph of Plaintiffs' Amended Complaint are conclusions of law to which no answer is required. If an answer is required, the same are denied for reasons set forth in Paragraph 28. WHEREFORE, Defendants, Anne Marie Manning, M.D. and Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness, demand that Plaintiffs' Amended Complaint be dismissed with costs to them. NEW MATTER 1. Plaintiffs' claims are barred by operation of the applicable statute of limitations, including 42 Pa.C.S.A. §5524 and 40 P.S. §1301.605. 2. Plaintiffs fail to state a claim upon which relief can be granted against Defendants. 3. Plaintiffs' claims are limited and barred by the provisions of the Pennsylvania Comparative Negligence Act. 4. Plaintiffs' claims are limited and barred by application of the Doctrine of Assumption of the Risk. 5. SPS and/or Center did not render any medical or surgical or professional services to Plaintiffs. SPS and/or Center is not and cannot be vicariously liable for the conduct of Dr. Manning. Under the Pennsylvania Medical Practices Act of 1985, 63 P.S. Section 422. 10, et seq., only an individual person may be licensed as a medical doctor to practice medicine and surgery. At no time hereto was SPS or Center licensed as a medical doctor and SPS or Center did not in fact have the right to supervise, direct, or control the manner in which Dr. Manning provided professional services to Plaintiffs. In the event that it is ultimately determined that SPS or Center is liable to Plaintiffs, which liability is specifically denied, under the Pennsylvania Professional Corporation Law, 15 Pa. CSA Section 2925(c), the professional corporation may be held liable only to the extent of the value of its property. 7. Plaintiff and Plaintiffs' Decedent's injuries, if any, were sustained as a result of natural or unknown causes and not as the result of any action or inaction on behalf of the Answering Defendants. 8. At all times material hereto, Answering Defendants provided full, complete, proper, reasonable and adequate medical care and treatment in accordance with the applicable standard of care. 12 9. No conduct on the part of the Answering Defendants was a substantial factor in causing or contributing to any harm with the Plaintiffs' Decedent may have suffered. 10. If Plaintiff or Plaintiffs' Decedent suffered any damage, the damages were caused by the conduct of others over whom the Answering Defendants had no control or right to control, including Plaintiff. 11. All claims and causes of action pleaded against the Answering Defendants are barred by Plaintiffs' knowing and voluntary informed consent to the care in question. 12. Dr. Manning's course of treatment was consistent with that advocated by a considerable number of recognized and respected professionals in obstetrics and the two schools of thought doctrine applies by way of defense. 13. Insofar, as the evidence accumulated in discovery are produced at trial may establish that the Plaintiff disregarded instructions given to her and recommendations made to her by her treating physicians and other physicians seeing her, it is averred that such conduct on the part of the Plaintiff was a substantial factor in 13 causing the conditions which led to the injuries and the resulting harm and/or losses complained of by the Plaintiffs. 14. Pennsylvania Rule of Civil Procedure 238 is unconstitutional on its face and as applied herein. is. The damages alleged by Plaintiffs did not result from acts or omissions of Answering Defendants, their agents, servants or employees, but, rather, from acts or omissions of other persons and/or entities or natural processes over whom or which Answering Defendants had no control or right of control. 16. Plaintiffs' claims are limited and barred by Sections 103, 602 and 606 of the Health Care Services Malpractice Act of 1974, 40 P.S. §1301, et seq., as amended. 17. Answering Defendants hereby demand trial by jury on all issues raised in Plaintiffs' Amended Complaint. 14 WHEREFORE, Defendants, Anne Marie Manning, M.D. and Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness, demand that Plaintiffs' Amended Complaint be dismissed with costs to them. By: 3401 North rront Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants, Anne Marie Manning, M.D., Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness DATED: November 30, 1999 I, Anne Marie Manning, M.D., hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. 11/22/99 Date Anne Marie Manning, M.D; CERTIFICATE OF SERVICE 1 certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25th Floor 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiffs By: Craig A. I.D. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants, Anne Marie Manning, M.D., Spirit Physician Services, Inc., d/b/a center for Women's Health and Wellness DATED: November 30, 1999 .1) (ii G: . ' -T i? ! ? ,_ C.' . c': C ? i:. LL. '. ?- .. 1?- LJ l.; ? l.1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-04783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAESEL BENJAMIN ET AL VS. MANNING ANNE MARIE MD CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MANNING ANNE MARIE M D the defendant, at 15:40 HOURS, on the 20th day of August 1999 at AMERICAN OFFICE CENTER 432 NORTH 21ST STREET CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to NANCY FAWBER (OFFICE MANAGER) a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer , Docketing 18.00 Service 9.30 Yri4? Affidavit .00 Surcharge 8.00 ' opine, SK7 FOEELD3M/AN?SSHHEPHARD, WOHLGELERTNT-' 8299 by e eri Sworn and subscribed to before me this .)3.e.( day of 19 A.D. rocnonoca SHERIFF'S RETURN - REGULAR CASE NO: 1999-04783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAESEL BENJAMIN ET AL VS. MANNING ANNE MARIE MD CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon SPIRIT PHYSICIAN SERVICES INC D//B/A CENTER FOR WOMENS HLTH the defendant, at 15:45 HOURS, on the 20th day of August 1999 at 503 NORTH 21ST STREET CAMP HILL, PA 17011 ,CUMBERLAND County, Pennsylvania, by handing to DONNA HOTHAM (ADMIN. SECT.) a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer Docketing 6.00 Service e Affidavit .00 Surcharge 8.00 II ?I omas ine, 5 erirr $T4.uuF8/D3 1g99EPHARD & WOHLGELERTN by epu- eri Sworn and subscribed to before me this .29 .4 day of 19 49 A.D. lroEnonocary r? -- FELDMAN,SHEPHERD& WOHLGELERNTF.R BY: Carol Nelson shepherd, lisyuirc: Eileen Riley Sutton, Hsquire IDEN'1•INCA'1'ION NO., 286.W 55912 A'11ORNF:S'S FIR PLAIN 111:1'.S 25111 FLOOR 1 M45 WALNU I*S'1'ILlili'I- PII11.AIXLPIIIA. I'A 19103 (215) 567-8300 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL. Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights BENJAMIN FAESEL I Circle Lane Mechanicsburg, PA 17055 SHERRY FAESEL 1139 Middletown Road Hummelstown, PA 17036 Ys. ANNE MARIE MANNING, M.D. American Office Center 432 N. 21st Street Camp Hill, PA 17011 and SPIRIT PHYSICIAN SERVICE'S, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 503 N. 21st Street Camp Hill, PA 17011 C'O(/RT OF C0,W110N PLEAS C'UMBERL: I ND ('U(/N7')' ,Y,). qy - 11293 .)URY77?ML DEAJANDED COMPLAINT IN CIVIL ACTION NOTICE ha,e been sued in court. If you wish to defend against the claims set forth in the , you must take action within twenty (20) days after this complaint and notice ere ring a written appearance personally or by attorney and filing in writing with the tses or objections to the name e, (-'k--- .._.. .. court without further notice for any money clatimeand a Judgment May d in the complaint or efort any other claim you rot, requested by the plaintiff. You may lose money or property or other rights important to you. YOU TAKE THIS PAPER TO LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER ORUCANNOT AFFORD ONE, GOOTO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. a COURT ADMINISTRATOR CUMBERLAND COUNTY 4'" Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: 717 240 6200 FELDMAN, SHEPHERD & WOHLGF.LERNTER nY: Carnl Nclson Shepherd. Iisquirc; liilecn Rilcv Sutton. ['squire IDENTIFICATION NO.: 28651; 55912 A'1'lORNEYS FOR PLAIN I IFF5 25'1'11 FLOOR 1845 WALNUI's'rREET 14 IILADIiLPHIA. PA 19103 (215)567.8300 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY PAESEL, a minor, and as Administrators of the Estate of MORGAN PAESEL, Deceased, and BENJAMIN and SHERRY PAESEL, in their own rights BENJAMIN PAESEL I Circle Lane Mechanicsburg, PA 17055 SHERRYFAESEL 1139 Middletown Road Hummelstown, PA 17036 VS. ANNE MARIE MANNING, M.D. American Office Center 432 N. 21st Street Camp Hill, PA 17011 and SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 503 N. 21st Street Camp Hill, PA 17011 COMPLAINT ('OURl' OF COMMON PLE IS CUMBERLAND COUNTY No. 99- y7Y3 t?uxX T- JURY TRIAL DEMANDF_D Plaintiffs Benjamin and Sherry Faesel, husband and wile, were at all times pertinent hereto the parents and natural guardians of Bailey Paescl, a minor, and Morgan Faesel, deceased, and were citizens and residents of the Commonwealth ol'Pennsylvania residing therein at 1 Circle Lane, Mechanicsburg, Cumberland County, PA 17055. Benjamin Facsel is currently residing at I Circle Lane, Mechanicsburg, Cumberland County, PA 17051 and Sherry Facsel is currently residing at 1139 Middletown Road, I lunnnelstown. Dauphin County, PA 17016. 2. Plaintiffs Benjamin and Sherry Faesel were duly appointed by the Register of Will, of Cumberland County as Administrators of the Estate of Morgan Faesel, Deceased, on May 3, 1999. Morgan Faescl died intestate on December 22, 1997. 3. Defendant Anne Marie Manning, M.D. (hereinafter "Dr. Manning") was at all times pertinent hereto a specialist in obstetrics and gynecology maintaining offices and a place of business at 432 N. 21st Street, Camp Hill, Cumberland County, PA 17011. 4. Defendant Spirit Physician Services, Inc., D/B/A Center for Women's Health and Wellness (hereinafter "the Center") was at all times pertinent hereto a corporation organized under the laws of the Commonwealth of Pennsylvania for the purpose of providing health services, and specifically obstetric and gynecologic care to patients, maintaining offices and a place of business at 503 N. 21 st Street, Camp Hill, Cumberland County, PA 17011. 5. At all times pertinent hereto, Dr. Manning was an agent and/or servant and/or employee of the Center. acting within the course and scope of her employment, and within her own right. 6. At all times pertinent hereto, both Dr. Manning and the Center provided medical and obstetric care to plaintiff Sherry Faesel and her unborn twins. 7. At all times pertinent hereto, Dr. Manning was engaged in the practice of medicine. pursuing the specialty of obstetrics and gynecology, and was obliged to bring to bear in the practice of her profession the professional skill, knowledge, and care which she possessed, and to pursue her profession in accordance with reasonably safe and acceptable standards of medicine in general and obstetrics and gynecology in particular. On or about September 23, 1997, plaintiff Sherry Faesel presented to Dr. Manning at the enter for an initial obstetrical visit. At that time it was confirmed that she was pregnant, with an stimated date of confinement of April 25, 1997 by menstrual history. -1- 9• Sherry Faesel was seen by Dr. Manning on October 7, 1997 and on November 5, 1997 and at that time had normal prenatal visits. 10. An ultrasound examination was ordered by Dr. Manning, and was performed on November 25, 1997. This examination revealed a twin pregnancy, dichorionic and diamniotic, with good size/date correlation with the menstrual history, and a due date by ultrasound of April 21, 1998. 1 L On or about December 10, 1997, at approximately 21 weeks gestation, Sherry Faesel was seen by Dr. Manning and complained of swelling of her feet. Dr. Manning noted what she described as "mild edema bilaterally." Dr. Manning also discussed Mrs. Faesel's twin pregnancy with her at that time, and described to her the plan to see her every two weeks after her twenty-third week in order closely to supervise and monitor her twin pregnancy. 12. Pregnancies with twins require close monitoring because of the increased risks presented, including the increased risk ofpreterm labor and delivery. 13. During the night of December 20, 1997 through the morning of December 21, 1997, at approximately 22 weeks gestation, plaintiff Sherry Faesel noticed contractions, cramping, and a discharge of blood and mucous vaginally. She telephoned Dr. Manning's office at 8:48 a.m. and related these complaints to the answering service. The telephone answering service relayed the message to Dr. Manning on an emergency basis. 14. Dr. Manning returned Mrs. Faesel's telephone call. However, despite the fact that Sherry Faesel was known to be carrying twins at only 22 weeks gestation, and was experiencing cramping, with oss of blood and mucous, Dr. Manning apparently failed to consider the possibility of preterm labor and simply advised Mrs. Faesel to take it easy and to call when and if the symptoms changed or increased. 15. Sherry Faesel followed Dr. Manning's orders and rested; however, in the early evening of December 21, 1997 at approximately 5:00 to 6:00 p.m., she noted an increase in the severity and frequency of her contractions and an increase in blood and mucous vaginally. 16. At 6:14 p.m. she telephoned Dr. Manning's answering service to report that her cramping was bad, that she was still bleeding, and was six months pregnant. Again, her complaints were reported by the telephone answering service to Dr. Manning as an emergency. 17. Dr. Manning returned Mrs. Faesel's call and advised her to go to the Holy Spirit Hospital emergency room to be evaluated and the Faesels immediately left for the hospital. 18. Upon arriving at the hospital at approximately 6:30 p.m., Sherry Faesel was admitted and Dr. Manning was notified. 19. Dr. Manning did not appear at the hospital to examine Mrs. Faescl until approximately 7:50 p.m., at which time she found her cervix was 8 cm. dilated. No orders had been entered by her in the interim between 6:30 p.m. and 7:50 p.m. Only following Dr. Manning's arrival was Mrs. Faesel placed in a Trendelenburg position, and efforts made to forestall her labor. 20. Dr. Manning arranged for a consultation with a Dr. Jay Hole, a perinatologist at Harrisburg Hospital, who suggested various measures to assist in the control of labor and the provision of antibiotic coverage. 21. On the morning of December 22, 1997, however. there was a spontaneous rupture of the membranes of the amniotic sac containing Morgan Faesel, who had been designated as Twin "A." Arrangements were made that day to transfer Mrs. Faesel to Harrisburg Hospital. 22. Upon arrival at Harrisburg Hospital, a decision was made to deliver Morgan (Twin A) at hat time with a planned delayed interval delivery of Bailey (Twin B). Morgan was in fact, delivered on December 22, 1997. Although born alive, she succumbed on the same date as a result of her extreme )rematurity. -4. 23. A cervical cerclage procedure was then performed to close the cervix and forestall delivery of Bailey (Twin B). Sherry Faesel was maintained on anti-labor medications and antibiotic therapy until January 15. 1998 when her pre-term labor progressed, followed by spontaneous rupture of the membranes. Bailey Faesel (Twin B), was delivered on that date at approximately 25 5/7th weeks gestation via Cesarean section. 24. Bailey Faesel remained hospitalized for twelve and one-half weeks, during which time she underwent intensive care with various intravenous lines, support for breathing and medication administration in an effort to preserve her life and health, which was threatened by her extreme prematurity, COUNT I - NEGLIGENCE BENJAMIN AND SHERRY FAESEL, AS PARENTS AND NATURAL GUARDIANS OF BAILEY FAESEL, A MINOR, AND AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED AND BENJAMIN AND SHERRY FAESEL IN THEIR OWN RIGHTS V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES INC D/B/A ENTER FOR WOMEN' HEALTH AND WELLNESS 25. Paragraphs I through 24 are incorporated herein as if set forth at length. 26. The defendants Dr. Manning and the Center were negligent in the following particular respects: a. failing to appreciate the risk factors attendant to a twin pregnancy, including the risk ofpreterm labor: b. failing to respond appropriately to Sherry Faesel's complaints of contractions, cramping, mucous discharge and bleeding on the morning of December 21, 1997: C. failing to immediately examine Sherry Faesel on the morning of December 21, 1997 to ascertain her condition, the condition of her twins and whether she was experiencing preterm labor and/or cervical changes: d. failing to immediately hospitalize Sherry Faesel on the morning of December 21, -5. 1997 when delendanls knew or should have known that her symptoms were consistent with preterm labor and/or cervical changes at only 22 weeks gestation, thereby placing both twins at grave risk; C. failing to immediately arrange Ibr in-hospital monitoring and observation on the morning of December 21, 1997; 1. flailing to consult with a perinatologist on the morning of December 21, 1997 regarding Mrs. Faesel's symptoms consistent with extreme premature labor and/or cervical changes; g. failing to immediately institute appropriate and necessary treatment for Sherry Faesel's preterm labor and/or cervical changes including, but not limited to, cerclage, tocolytics and/or the administration of antibiotics; h. failing immediately to attend and examine Mrs. Faesel when she was admitted to the hospital at or about 6:30 p.m. on December 21, 1997 in extreme preterm labor with a twin pregnancy; failing immediately to order necessary treatment to forestall labor and prevent cervical dilatation in a patient with a twin pregnancy at 22 weeks gestation; tailing immediately to consult with a perinatologist regarding a patient with extreme preterm labor in a twin pregnancy; k. failing to admit a patient with extreme preterm labor in a twin pregnancy to a tertiary care center with immediate access to perinatologists and the treatment necessary for the care of such patients; failing adequately to possess medical skills, knowledge, experience and techniques or the proper treatment of plaintiff Sherry Faesel's increased risk twin pregnancy; and m. failing to bring to bear such medical skills and knowledge as the defendants then ossessed in the treatment and care ofthe plainti IT Sherry Faesel. -6- COUNT 11- DAMAGES BENJAMIN AND SHERRY FAESEL, AS PARENTS AND NATURAL GUARDIANS OF BAILEY FAESEL, A MINOR, AND BENJAMIN AND SHERRY FAESEL IN THEIR OWN RIGHT v. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICE INC DB/A NTFR FOR WOMEN S HEALTH AND WF r NFSS 27. Plaintiffs incorporate by reference as if fully set forth at length, paragraphs 1 through 26 of this Complaint. 28. As a result of the negligent care and treatment of the defendants, Bailey Faesel was caused to be born extremely prematurely, and to suffer the effects of extreme premature birth, including but not limited to a prolonged hospitalization and various treatments in an attempt to preserve her life, all of which have caused her pain, suffering and disability. 29. As a further result of the defendants' negligent care and treatment, parent plaintiffs were obliged to spend money for medicines, medical treatment, and care for minor plaintiff Bailey Faesel's treatment. 30. The premature birth of Bailey Faesel was caused solely and wholly by the negligence and carelessness of the defendants, and was not caused or contributed to by any conduct on her part or on the part of her parents. Benjamin and Sherry Faesel. WHEREFORE, plaintiffs Benjamin and Sherry Faesel as parents and natural guardians of Bailey Faesel, a minor, and Benjamin and Sherry Faesel in their own right, demand judgment in their favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services. Inc. d/b/a Center for Women's Health and Wellness in an amount in excess of the jurisdictional limits for arbitration, together ,vith interest and costs. -7- COUNT III - WRONGFUL DEATH BENJAMIN AND SHERRY FAESEL, AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED v. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES INC D/B/A CENTER FOR WOMFN'C HFAI TH AND WELLNESS 31. Plaintiffs incorporate by reference as if fully set forth at length herein, paragraphs I through 30 of this Complaint. 32. Plaintiffs bring this action as the personal representatives of the decedent's estate pursuant to the Pennsylvania Wrongful Death Act 42 Pa.C.S.A. §8301(d). 33. The persons entitled by law to recover damages under the Pennsylvania Wrongful Death Act for the death of Morgan Faesel areas follows: Sherry Faesel (Mother) 1139 Middletown Road Hummelstown, PA 17036 Benjamin Faesel (Father) 1 Circle Lane Mechanicsburg, PA 17055 34. Plaintiffs claim all lawful damages for all persons entitled to recover therefore, including medical expenses, funeral expenses, expenses of administration, the loss of expected pecuniary contributions and the loss of decedent's care, comfort, society, guidance and tutelage. WHEREFORE, plaintiffs Benjamin and Sherry Faesel, as Administrators of the Estate of Morgan Faesel, Deceased demandjudgment in their favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. D/B/A Center for Women's Health and Wellness for an amount in excess of the jurisdictional limits for arbitration, together with interest and costs. -8- COUNT IV - SURVIVAL ACTION BENJAMIN AND SHERRY FAESEL, AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED v. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES INC D/B/A CENTER FOR WOMEN-15 HEALTH AND-WELLNESS 35. Plaintiffs incorporate by reference as if fully set forth at length herein, paragraphs I through 34 of this Complaint. 36. Plaintiffs bring this action on behalf of the Estate of Morgan Faesel, Deceased, pursuant to the Pennsylvania Survival Act 42 Pa.C.S.A. $8302, and claim on behalf of the decedent's estate all damages recoverable by law, including pain and suffering, loss of earnings and earning capacity and the total limitation and deprivation of the decedent's normal activities, pursuits and pleasures. WHEREFORE, plaintiffs Benjamin and Sherry Faesel, as Administrators of the Estate of Morgan Faesel, Deceased, demand judgment in their favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. D/B/A Center for Women's Health and Wellness for an amount in excess of the jurisdictional limits for arbitration, together with interest and costs. COUNT V - DAMAGES BENJAMIN FAESEL, IN HIS OWN RIGHT V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 37. Plaintiffs incorporate by reference as if fully set forth at length herein paragraphs I through 36 of this Complaint. 38. As a result of the negligent care and treatment of the defendants, Benjamin Faesel was forced to witness the improper care of the defendants to his wife, and the resultant premature birth and death of his daughter. Morgan, and the premature birth and suffering of both his wife and daughter occasioned by the premature birth of his daughter. Bailey. 39. As a result of having witnessed the negligence of the defendants, and the results of that negligence, as further set forth in the preceding paragraphs of this Complaint. Benjamin Faesel has -9- suffered physical and emotional harm including sleeplessness, headaches, insomnia, flashbacks and gastric distress. He has been tearful, emotionally distraught, distressed and has had difficulty attending to his daily activities. Said injuries to Benjamin Faesel were caused solely and wholly by the negligence of the defendants and were not caused or contributed to by any negligence on his part. WHEREFORE, plaintiff Benjamin Faesel demandsjudgment in his favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc, d/b/a Center for Women's Health and Wellness, for an amount in excess of the jurisdictional limit for arbitration, together with interest and costs. COUNT VI - DAMAGES SHERRY FAESEL, IN HER OWN RIGHT V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. DMIA CENTER FOR WOMEN' HEALTH AND WELLNESS 40. Plaintiff incorporates by reference as if fully set forth at length herein paragraphs I through 39 of this Complaint. 41. As a result of the negligence of the defendants, Sherry Faesel was caused to deliver an extremely premature twin, Morgan, who died as a result of her prematurity. 42. As a further result of the negligent care and treatment of the defendants, Sherry Faesel was caused to suffer both physical and emotional harm as a result of the treatment necessitated to deliver Morgan and Bailey. As a result of witnessing the negligent conduct of the defendants and the occurrence of death to her infant daughter Morgan and harm due to the extremely premature birth of her daughter Bailey, slre has suffered surgery, scarring, sleeplessness, headaches, insomnia. Flashbacks. gastric distress and physical pain due to the treatment necessitated as outlined above. She has been emotionally distraught, distressed, and has had difficulty attending to her daily duties and occupations. 43. As a further result of the defendants' negligent care and treatment. Sherry Faesel was obliged to expend sums of money for medicines, medical treatment, and care for herself: -10- 44. The injuries to Sherry Paescl were caused solely and wholly by the negligence of defendants and were not caused or contributed to by any negligence on her part. WHEREFORE„ plaintiff Sherry Paesel, in her own right, demands Judgmcnt in her favor and against defendants Ann Marie Manning, M.D. and Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness for an amount in excess of the jurisdictional limit for arbitration, together with interest and costs. FELDMAN, SI-IEPI-117RD & WOFILGELERNTER Attorneys for Plaintiffs BY: INeI on hepherd Eileen Rile utton Dated: August 5, 1999 1, Benjamin Faesel, a plaintiff in the foregoing pleading, state that the facts set forth are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, which relates to unsworn falsification to authorities. &W'n?g Q B _NJ 1 FA SGL I, Sherry Faesel, a plaintiff in the foregoing pleading, state that the facts set forth are true and correct to the best of my knowledge, information and belief-, and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, which relates to unsworn falsification to authorities. SHE Y F SEL ?\ ?\ N ? ? <. ,, ?.: ? ? .,, = ?. .. ?_ J ` ? Q __, ? ? ? . a ?. ? ?? ? 8 a dd?? ?a? FELDMAN, SHEPHERD & WOHLGELERNTF,R BY: Carol Nelson shepherd, Esquire; Liken Riley Suuon, l!syu1 ImiNTIFICATION NO.: 28650; 55912 A'ITORNFYS FOR PLAIN NITS 25111 FLOOR 1845 WAI.Ntrr STREE r PIRLADELPIIIA, PA 19103 (215)567.8300 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights BENJAMIN FAESEL I Circle Lane Mechanicsburg, PA 17055 SHERRY FAESEL 1139 Middletown Road Hummelstown, PA 17036 vs. ANNE MARIE MANNING, M.D. American Office Center 432 N. 21st Street Camp Hill, PA 17011 and SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 503 N. 21st Street Camp Hill, PA 17011 AMENDED COMPLAINT COURT OF COMMON PLEAS C'UMRERLAND COUNTY No. 99-47x3 JURY TRIAL DEMANDED Plaintiffs Benjamin and Sherry Faesel, husband and wife, were at all times pertinent hereto the parents and natural guardians of Bailey Faesel, a minor, and Morgan Faesel, deceased, and were citizens and residents of the Commonwealth of Pennsylvania residing therein at I Circle Lane, Mechanicsburg, Cumberland County, PA 17055. Benjamin Faesel is currently residing at I Circle Lane, Mechanicsburg, Cumberland County, PA 17055 and Sherry Faesel is currently residing at 1 139 Middletown Road, I lununelstown, Dauphin County, PA 17036. 2. Plaintiffs Benjamin and Sherry Faesel were duly appointed by the Register of Wills of Cumberland County as Administrators of the Estate of Morgan Faesel, Deceased, on May 3, 1999. Morgan Paesel died intestate on December 22, 1997. 3. Defendant Anne Marie Manning, M.D. (hereinafter "Dr. Manning") was at all times pertinent hereto a specialist in obstetrics and gynecology maintaining offices and a place of business at 432 N. 21st Street, Camp Hill, Cumberland County, PA 17011. 4. Defendant Spirit Physician Services, Inc., D/B/A Center for Women's Health and Wellness (hereinafter "the Center") was at all times pertinent hereto a corporation organized under the laws of the Commonwealth of Pennsylvania for the purpose of providing health services, and specifically obstetric and gynecologic care to patients, maintaining offices and a place of business at 503 N. 21st Street, Camp Hill, Cumberland County, PA 17011. 5. At all times pertinent hereto, Dr. Manning was an agent and/or servant and/or employee of the Center, acting within the course and scope of her employment, and within her own right. 6. At all times pertinent hereto, both Dr. Manning and the Center provided medical and obstetric care to plaintiff Sherry Paesel and her unborn twins. 7. At all times pertinent hereto, Dr. Manning was engaged in the practice of medicine, pursuing the specialty of obstetrics and gynecology, and was obliged to bring to bear in the practice of her profession the professional skill, knowledge, and care which she possessed, and to pursue her profession in accordance with reasonably safe and acceptable standards of medicine in general and obstetrics and gynecology in particular. 8. On or about September 23, 1997, plaintiff Sherry Paesel presented to Dr. Manning at the Center for an initial obstetrical visit. At that time it was confirmed that she was pregnant, with an estimated date of confinement of April 25, 1997 by menstrual history. 9. Sherry Paesel was seen by Dr. Manning on October 7. 1997 and on November 5, 1997 and -1- at that time had normal prenatal visits. 10. An ultrasound examination was ordered by Dr. Manning, and was performed on November 25, 1997. This examination revealed a twin pregnancy, dichorionic and dianmiotic, with good size/date correlation with the menstrual history, and a due date by ultrasound of April 21, 1998. 11. On or about December 10. 1997, at approximately 21 weeks gestation. Sherry Faesel was seen by Dr. Manning and complained of swelling of her feet. Dr. Manning noted what she described as "mild edema bilaterally." Dr. Manning also discussed Mrs. Faesel's twin pregnancy with her at that time, and described to her the plan to see her every two weeks after her twenty-third week in order closely to supervise and monitor her twin pregnancy. 12. Pregnancies with twins require close monitoring because of the increased risks presented, including the increased risk of preterm labor and delivery. 13. During the night of December 20, 1997 through the morning of December 21, 1997, at approximately 22 weeks gestation, plaintiff Sherry Faesel noticed contractions, cramping, and a discharge of blood and mucous vaginally. She telephoned Dr. Manning's office at 8:48 a.m. and related these complaints to the answering service. The telephone answering service relayed the message to Dr. Manning on an emergency basis. 14. Dr. Manning returned Mrs. Faesel's telephone call. However, despite the fact that Sherry Faesel was known to be carrying twins at only 22 weeks gestation, and was experiencing cramping, with loss of blood and mucous, Dr. Manning apparently failed to consider the possibility of preterm labor and simply advised Mrs. Faesel to take it easy and to call when and if the symptoms changed or increased. 15. Sherry Faesel followed Dr. Manning's orders and rested: however, in the early evening of December 21, 1997 at approximately 5:00 to 6:00 p.m., she noted an increase in the severity and frequency )f her contractions and an increase in blood and mucous vaginally. _3_ 16. At 6:14 p.m. she telephoned Dr. Manning's answering service to report that her cramping was bad, that she was still bleeding, and was six months pregnant. Again, her complaints were reported by the telephone answering service to Dr. Manning as an emergency. IT Dr. Manning returned Mrs. Faesel's call and advised her to go to ;he Holy Spirit Hospital emergency room to be evaluated and the Faesels immediately left for the hospital. 18. Upon arriving at the hospital at approximately 6:30 p.m., Sherry Facsel was admitted and Dr. Manning was notified. 19. Dr. Manning did not appear at the hospital to examine Mrs. Faesel until approximately 7:50 p.m., at which time she found her cervix was 8 cm. dilated. No orders had been entered by her in the interim between 6:30 p.m. and 7:50 p.m. Only following Dr. Manning's arrival was Mrs. Faesel placed in a Trendelenburg position, and efforts made to forestall her labor. 20. Dr. Manning arranged for a consultation with a Dr. Jay hole, a perinatologist at Harrisburg Hospital, who suggested various measures to assist in the control of labor and the provision of antibiotic coverage. 21. On the morning of December 22, 1997, however, there was a spontaneous rupture of the membranes of the amniotic sac containing Morgan Faesel, who had been designated as Twin "A." Arrangements were made that day to transfer Mrs. Faesel to Harrisburg Hospital. 22. Upon arrival at Harrisburg Hospital, a decision was made to deliver Morgan (Twin A) at that time with a planned delayed interval delivery of Bailey (Twin B). Morgan was in fact, delivered on December 22, 1997. Although born alive, she succumbed on the same date as a result of her extreme prematurity. 23. A cervical cerclage procedure was then perlirrmed to close the cervix and forestall delivery 3f Bailey (Twin 13). Sherry Faesel was maintained on anti-labor medications and antibiotic therapy until -4- January 15, 1998 when her pre-term labor progressed, followed by spontaneous rupture of the membranes. Bailey Faesel (Twin B), was delivered on that date at approximately 25 5/7th weeks gestation via Cesarean section. 24. Bailey Faesel remained hospitalized for twelve and one-half weeks, during which time she underwent intensive care with various intravenous lines, support for breathing and medication administration in an effort to preserve her life and health, which was threatened by her extreme prematurity. COUNT 1- NEGLIGENCE BENJAMIN AND SHERRY FAESEL, AS PARENTS AND NATURAL GUARDIANS OF BAILEY FAESEL, A MINOR, AND AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED AND BENJAMIN AND SHERRY FAESEL IN THEIR OWN RIGHTS V. ANNE MARIE MANNING, M.U. AND SPIRIT PHYSICIAN SERVICES. INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 25. Paragraphs I through 24 are incorporated herein as if set forth at length. 26. The defendants Dr. Manning and the Center were negligent in the following particular respects: a. failing to appreciate the risk lactors attendant to a twin pregnancy, including the risk of preterm labor; b. failing to respond appropriately to Sherry l7aesel's complaints of contractions, cramping, mucous discharge and bleeding on the morning of December 21. 1997 by immediately having her come to the hospital and/or office for examination, testing and treatment as necessary. C. failing to immediately examine Sherry Faesel on the morning of December 21, 1997 to ascertain her condition, the condition of her twins and whether she was experiencing preterm labor and/or cervical changes; failing to immediately hospitalize Sherry Faesel on the morning of December 21, 1997 when defendants knew or should have known that her symptoms were consistent with preterm labor -5- and/or cervical changes at only 22 weeks gestation, thereby placing both twins at grave risk; C. failing to immediately arrange for in-hospital monitoring and observation on the morning of December 21, 1997; failing to consult with a perinatologist on the morning of December 21, 1997 regarding Mrs. Faesel's symptoms consistent with extreme premature labor and/or cervical changes; g. failing to immediately institute appropriate and necessary treatment for Sherry Faesel's preterm labor and/or cervical changes such as cerclage, tocolytics and/or the administration of antibiotics; h. failing immediately to attend and examine Mrs. Faesel when she was admitted to the hospital at or about 6:30 p.m. on December 21, 1997 in extreme preterm labor with a twin pregnancy; failing immediately to order necessary treatment to forestall labor and prevent cervical dilatation in a patient with a twin pregnancy at 22 weeks gestation; j. failing immediately to consult with a perinatologist regarding a patient with extreme preterm labor in atwin pregnancy; k. failing to admit a patient with extreme preterm labor in a twin pregnancy to a tertiary care center with immediate access to perinatologists and the treatment necessary for the care of such patients; failing adequately to possess medical skills, knowledge, experience and techniques for the proper treatment of plaintiff Sherry Faesel's increased risk twin pregnancy; and M. failing to bring to bear such medical skills and knowledge as the defendants then possessed in the treatment and care of the plaintiff Sherry Faesel's increased risk twin pregnancy. -6- COUNT 11- DAMAGES - NEGLIGENCE BENJAMIN AND SHERRY FAESEL, AS PARENTS AND NATURAL GUARDIANS OF BAILEY FAESEL, A MINOR, AND BENJAMIN AND SHERRY FAESEL IN THEIR OWN RIGHT v. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 27. Plaintiffs incorporate by reference as if fully set forth at length, paragraphs I through 26 of this Complaint. 28. As a result of the negligent care and treatment of the defendants as described herein, Bailey Faesel was caused to be born extremely prematurely, and to suffer the effects of extreme premature birth, including but not limited to a prolonged hospitalization and various treatments in an attempt to preserve her life, all of which have caused her pain, suffering and disability. 29. As a further result of the defendants' negligent care and treatment as described herein, parent plaintiffs were obliged to spend money for medicines, medical treatment, and care for minor plaintiff Bailey Faesel's treatment. 30. The premature birth of Bailey Faesel was caused solely and wholly by the negligence and carelessness of the defendants as described herein, and was not caused or contributed to by any conduct on her part or on the part of her parents, Benjamin and Sherry Facsel. WHEREFORE, plaintiffs Benjamin and Sherry Faesel as parents and natural guardians of Bailey Faesel, a minor, and Benjamin and Sherry Faesel in their own right, demand judgment in their favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness in an amount in excess of the jurisdictional limits for arbitration, together with interest and costs. 7- COUNT III - WRONGFUL DEATH BENJAMIN AND SHERRY FAESEL, AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED V. ANNE MARIE MANNING, M.U. AND SPIRIT PHYSICIAN SERVICES IN C. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 31. Plaintiffs incorporate by reference as if fully set forth at length herein, paragraphs I through 30 of this Complaint. 32. Plaintiffs bring this action as the personal representatives of the decedent's estate pursuant to the Pennsylvania Wrongful Death Act 42 Pa.C.S.A. §8301(d). 33. The persons entitled by law to recover damages under the Pennsylvania Wrongful Death Act for the death of Morgan Faesel are as follows: Sherry Faesel (Mother) 1139 Middletown Road Hummelstown, PA 17036 Benjamin Faesel (Father) 1 Circle Lane Mechanicsburg, PA 17055 34. Plaintiff's claim all lawful damages for all persons entitled to recover therefore, including medical expenses, funeral expenses, expenses of administration, and the loss of expected pecuniary contributions. WHEREFORE, plaintiffs Benjamin and Sherry Faesel, as Administrators of the Estate of Morgan Faesel, Deceased demand judgment in their favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. D/B/A Center for Women's Health and Wellness for an amount in excess of the jurisdictional limits for arbitration, together with interest and costs. -8- COUNT IV - SURVIVAL ACTION BENJAMIN AND SHERRY FAESEL, AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED v. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 35. Plaintiffs incorporate by reference as if fully set forth at length herein, paragraphs 1 through 34 of this Complaint. 36. Plaintiffs bring this action on behalf of the Estate of Morgan Faesel, Deceased, pursuant to the Pennsylvania Survival Act 42 Pa.C.S.A. §8302, and claim on behalf of the decedent's estate all damages recoverable by law, including pain and suffering, and the loss of earnings and earning capacity. WHEREFORE, plaintiffs Benjamin and Sherry Faesel, as Administrators of the Estate of Morgan Faesel, Deceased, demand judgment in their favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. D/B/A Center for Women's Health and Wellness for an amount in excess of the jurisdictional limits for arbitration, together with interest and costs. COUNT V - DAMAGES NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS BENJAMIN FAESEL, IN HIS OWN RIGHT V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 37. Plaintiffs incorporate by reference as if fully set forth at length herein paragraphs I through 36 of this Complaint. 38. As a result of the negligent care and treatment of the defendants as described herein, Benjamin Faesel was forced to witness the improper care of the defendants to his wife, and the resultant premature birth and death of his daughter, Morgan, and the premature birth and suffering of both his wife and daughter occasioned by the premature birth of his daughter, Bailey. 39. As a result of having witnessed the negligence of the defendants as described herein, and the results of that negligence, as further set forth in the preceding paragraphs of this Complaint, Benjamin -9- Faesel has suffered physical and emotional harm including sleeplessness, headaches, insomnia, flashbacks and gastric distress. He has been tearful, emotionally distraught, distressed and has had difficulty attending to his daily activities. Said injuries to Benjamin Faesel were caused solely and wholly by the negligence of the defendants and were not caused or contributed to by any negligence on his part. WHEREFORE, plaintiff Benjamin Faesel dentandsjudgment in his favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness, for an amount in excess of the jurisdictional limit for arbitration, together with interest and costs. COUNT VI - DAMAGES NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS SHERRY FAESEL, IN HER OWN RIGHT V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 40. Plaintiff incorporates by reference as if fully set forth at length herein paragraphs i through 39 of this Complaint. 41. As a result of the negligence of the defendants as described herein, Sherry Faesel was caused to deliver an extremely premature twin, Morgan, who died as a result of her prematurity. 42. As a further result of the negligent care and treatment of the defendants as described herein, Sherry Faesel was caused to suffer both physical and emotional harm as a result of the treatment necessitated to deliver Morgan and Bailey. As a result of witnessing the negligent conduct of the defendants and the occurrence of death to her infant daughter Morgan and harm due to the extremely premature birth of her daughter Bailey, she has suffered surgery, scarring, sleeplessness, headaches, insomnia, flashbacks, gastric distress and physical pain due to the treatment necessitated as outlined above. She has been emotionally distraught, distressed, and has had difficulty attending to her daily duties and occupations. -10- 43. As a further result of the defendants' negligent care and treatment as described herein, Sherry Faesel was obliged to expend sums of money for medicines, medical treatment, and care for herself. 44. The injuries to Sherry Faesel were caused solely and wholly by the negligence of defendants as described herein and were not caused or contributed to by any negligence on her part. WHEREFORE, plaintiff Sherry Faesel, in her own right, demands judgment in her favor and against defendants Ann Marie Manning, M.D. and Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness for an amount in excess of the jurisdictional limit for arbitration, together with interest and costs. FELDMAN, SHEPHERD & WOHLGELERNTER BY: CA4M Carol Nels hepherd Eileen Riley Sutton Attorneys for Plaintiffs Dated: October 12, 1999 VERIFICATION 1, Sherry Faesel, a plaintiff in the foregoing pleading, state that the liicts set forth are true and correct to the best of my knowledge, infornwtion and belief; and fhot this statement is made subject to the penalties of 18 Pa. C.S. $4904, which relates to unsworn falsification to authorities. SHPRRA' FAGSEL VERIFICATION 1, Benjamin Faesel, a plaintiff in the foregoing pleading, state that the facts set forth are true and correct to the best of my knowledg:,, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, which relates to unsworn falsification to authorities. BEND k4?SEL i FELDMAN, SHEPHERD, WOHLGELERNTER & TANNER BY: Carol Nelson shepherd. Esquire; Eileen Riley Sutton, 1isquire IDENnFICATION NO.: 28650; 55912 ATIORNP-YS FOR PLAINTIFFS 25'1'11 FLOOR 1845 WALNUT STRITI MULADELPI IIA. PA 19103 (215) 567-8300 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAI:SIiI., it minor, and as Administrators of the Estate of MORCiAN I'AI?SI?I., Deceased, and BENJAMIN and Sl IERRY FANSEL, in their own rights vs. ANNE MARIE MANNING, M.D. and SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTI I AND WELLNESS APR 2 4 2000 t 'uU/t l' ul' C0,11, 110N PLE..LS r 'f 1,1 /l1F. A NO Nl t COUNTY A'n. VO-d 74.1 t'/ri/ .R UR I' Tkl: I1. ntfAbI NDED (_) It DJA AND NOW, this Z S day ol• A f) r'. \ , 20110, upon consideration of the Petition of Benjamin and Sherry Faesel, as parents and natural guardians of Ilailey Faesel.a minor, and as Administrators of the Estate of Morgan Faesel, Deceased, to discontinue and end the above-captioned action which involves a minor and the estate ul-n minor, it is hereby ( )RDERI'.D and DECREED that the matter entitled Benjamin and Sherry Faesel 1s niislll md-11alw'al guardians of Bailey Faesel a minor, and as Administrators of the Estate of Morgan Fin 1) s11m1 v Anne Marie Manning, M.D., et al., Court of Common Pleas, Cumberland County. Docket No. 99-4783 is to he marked DISCONTINUED and ENDED, with prejudice. By the Court: J?_ . Y - r ?.,Q K° { FELDMAN, SHEPHERD, WOHLGELERNTER & TANNER BY: Carol Nclson Shepherd, lisquire; Fileen Riley Sutton, Esquire IDENTIFICATION NO.: 28650; 55912 A'ITORNYYS FOR I'LAIN'1'IFFS 25171 FLOOR 1845 WALNUT S' I'RITr III 11LADELPI HA, I'A 19103 (215) 567-8300 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights vs. ANNE MARIE MANNING, M.D. and SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HFALTI I AND WELLNESS COURT OF COMMON PLEAS CUMBERGINDCOUNTY No. 99-4783 Civil JURY TRIAL DEMANDED PLAINTIFFS' PETITION PURSUANT TO PA.R.C.P. 2039 REQUESTING LEAVE TO DISCONTINUE AND END AN ACTION ON BEHALF OF A MINOR AND THE. ESTATE OF A MINOR Plaintiffs, Benjamin and Sherry Faesel, in their own rights as the parents and natural guardians of Bailey Faesel, a minor, and as the Administrators of the Estate of Morgan Faesel, Deceased, come before the Court to request leave to Discontinue and End the within action, a medical negligence action filed on behalf of their deceased daughter, Morgan Faesel, and their minor daughter, Bailey Faesel, and aver in support thereof as follows: The within action is a medical negligence action in which it is alleged that due to the failure of the defendant. Ann Marie Manning, M.D., to provide proper prenatal care to mother-plaintiff, Sherry Faesel, during a twin pregnancy Bailey Faesel, a minor, was caused to be born extremely prematurely, and her sister, Morgan Faesel was also caused to be born extremely prematurely. and to die as a result of that prematurity. 2. Before tiling suit in this matter on August 9, 1999, plaintiffs' obtained the expert opinion of Kenneth Weissman, M.D., a Board-Certified Obstetrician and Gynecologist. 3. Dr. Weissman opined that Dr. Manning had been negligent in her failure to properly attend to certain complaints of the plaintiff, resulting in a substantially increased risk of premature delivery of the twins, and issued a report dated January 6, 1999. 4. In August of 1999, undersigned counsel called Dr. Weissman to inquire about another matter, and was informed that he unfortunately had died suddenly within the past week. 5. The undersigned has subsequently sent the records to three Board-Certified obstetrician/gynecologists for review. None of the physicians have agreed that a different course of conduct on the part of the defendants would have altered the outcome for the minor/deceased plaintiffs. 6. Benjamin and Sherry Faesel were kept apprised of counsel's efforts to obtain an expert and finally on February 14, 2000 were sent a letter explaining these efforts and the opinions of the various experts, and requesting that a copy of the letters be signed by each parent memorializing their agreement to discontinue and end the matter with prejudice, pending Court approval concerning the minor's portion of the action and the portion concerning the Estate of a minor. As per Exhibit "A" (signature portions of the letters attached), Benjamin and Sherry Faesel signed these letters. 8. Both counsel of record in this matter, Carol Nelson Shepherd and the undersigned, are experienced in medical negligence matters and handle virtually no other types of cases. Both are of the belief that, given the expert opinions of the three consulting obstetricians and gynecologists, causation ,annot be proven in this matter, and have so informed their clients. WHEREFORE- Benjamin and Sherry Paesel as parents and natural guardians of Bailey 'aescl, a minor, and Morgan Facscl, deceased, hereby request that this I lonorablc Court enter the attached -1- Order to Discontinue and End this matter with prejudice. FELDMAN, SI-IEPHERD, WOI ILGELERNfER & TANNER 4 BY: {/ O.i _, Tit l 4Z( {T Cb_rol Nelson Shepherd Eileen Riley Sutton Attorneys for Plaintiffs Dated: April 17, 2000 -3- I/we agree with our attorneys, Feldman, Shepherd, Wohl.gelernter & Tanner to the contents of this letter and the recommendation that the matter docketed as Benjamin and Sherrv Faesel. et al v. Annie Marie Manning. M.D.. et al , CCP, Cumberland County, No. 99-4753, be discontinued and ended. '?t ? ?kaQ BENJAMIN FAESEL SFf AE EL Dated: al ') Dated:' Uwe agree with our attorneys, Feldman, Shepherd, Wohlgelemter & Tanner to the contents of this letter and the recommendation that the matter docketed as Benjamin and Sherry Faesel, et al v. Annie Marie Mannine M.D et a] , CCP, Cumberland County, No. 99-4783, be discontinued and ended. NJ IN SEL Dat d: SHERRY FAESEL Dated: FELDMAN. SHEPHERD, w011-111 GFL.ERNTER & TANNER BY: Carol Nelson Shepherd. lisquire. Eileen Riley Su11un. Iiqulre IDFN'1'IPICA']ION NW 28650:5571: A'I'IORNPYS FOR PLAIN 'I'11TS 25111 FLOOR 1843 WALNUTS-1 'I1I:1 1 PHILADELPHIA. PA 17113 (215)567.8300 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate ol'MORGAN FAESEL. Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights vs. ANNE: MARIE MANNING, M.D. and SPIRIT PHYSICIAN SERVICES. INC. D/B/A CENTER FOR WOMEN'S 1-11ACTI-I AND WELLNESS COURT OF COAIMON PLr IS CUAIRERL:IND COUNTY Na 99.47,1'1 Civil JURYTRI.4L DEMANDED ATTORNEY CERTIFICATION 1, Eileen Riley Sutton, counsel for plaintiffs in the foregoing pleading, state that the facts set forth are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, which relates to unsworn falsification to authorities. FEI.DMAN, SHEPHERD, WOEILGELERNTER & TANNER BY: Eil (enRilcy Sutton Ca lson Shepherd Attorneys for Plaintiffs Dated: April 17, 2000 ?Ii `? 7' .. i . L': ?. u Va- VV1YllV1 V1V rl and Natural Guardians of BAILEY FAESEL, a CUMBERLAND COUNTY minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights, Plaintiffs VS. NO. 99-4783 Civil ANNE MARIE MANNING, M.D.; SPIRIT PHYSICIAN SERVICES, INC., d/b/a CENTER FOR WOMEN'S HEALTH : AND WELLNESS, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter our appearance as counsel for Defendants, Anne Marie Manning, M.D., Spirit Physician Services, Inc., d/b/a center for women's Health and Wellness, in the above-captioned action. METTE, EVANS & WOODSIDE By- ' D`'?P ig A. St quire S preme Court .D. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants, Anne Marie Manning, M.D., Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness DATED: August 25, 1999 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25`h Floor 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiffs By: METTE, EA .4 6 Craig A. Stn , Esquire Supreme C rt I.D. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants, Anne Marie Manning, M.D., Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness DATED: August 25, 1999 \2> j : c: (-- i . ' :: ? ` ?,. - ;: `? - : ?T)? .a.. , Ci ir- N - ? G" ??' 'II iJ ? ?? % C' ?-? Oi U BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN : FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights Plaintiffs V. NO. 99-4783 CIVIL ANNE MARIE MANNING, M.D. and JURY TRIAL DEMANDED SPIRIT PHYSICIAN SERVICES, INC. DB/A/ CENTER FOR WOMEN'S HEALTH AND WELLNESS Defendants NOTICE TO PLEAD TO: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25th Floor, 1845 Walnut Street Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. METTE, EVANS & WOODSIDE CRAIG A. STONE, ESQUIRE Sup. Ct. I.D. #15907 KATHLEEN DOYLE YANINEK, ESQUIRE Sup. Ct. I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants DATED: September 9, 1999 Anne Marie Manning, M.D. and Spirit Physician Services, Inc. BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN : FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights Plaintiffs V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-4783 CIVIL ANNE MARIE MANNING, M.D. and : JURY TRIAL DEMANDED SPIRIT PHYSICIAN SERVICES, INC. DB/A/ CENTER FOR WOMEN'S HEALTH AND WELLNESS Defendants ORDER AND NOW this _ day of 1999, upon consideration of the Preliminary Objections of Defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc., IT IS HEREBY ORDERED that said Defendants' Preliminary Objections are GRANTED. BY THE COURT: J. :100810 1 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN : FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights Plaintiffs V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-4783 CIVIL ANNE MARIE MANNING, M.D. and JURY TRIAL DEMANDED SPIRIT PHYSICIAN SERVICES, INC. DB/A/ CENTER FOR WOMEN'S HEALTH AND WELLNESS Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS ANNE MARIE MANNING. M.D. AND SPIRIT PHYSICIAN SERVICES INC. Defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc., DB/A Center for Women's Health and Wellness, by and through their attorneys, Mette, Evans & Woodside, P.C., file these Preliminary Objections pursuant to Pa. R.C.P. No. 1028 and aver as follows: 1. A true and correct copy of the Complaint is marked as Exhibit "A," attached hereto and made a part hereof. 2. Benjamin and Sherry Faesel, as parents and natural guardians of Bailey Faesel, a minor; as administrators of the estate of Morgan Faesel, deceased; and in their own right have commenced an action against Anne Marie Manning, M.D. [hereinafter "Dr. Manning], and Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness [hereinafter "the Center"] 3. The Objections of Dr. Manning and the Center are directed to all or part of the allegations contained in Count I, Count II, Count V, Count VI, and paragraphs 26, 28-30, 34, 36, 38, 39, and 40-44. PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE PURSUANT TO Pa.R.C.P. No. 1028(a)(4) 4. Paragraphs 1 through 3 above are incorporated herein by reference as if fully set forth at length. 5. In Count I of the Complaint, several Plaintiffs, namely Benjamin and Sherry Faesel as parents and natural guardians of Bailey Faesel, a minor; Benjamin and Sherry Faesel as administrators of the estate of Morgan. Faesel, deceased; Benjamin Faesel in his own right; and Sherry Faesel in her own right, bring claims against Dr. Manning and the Center. See Exhibit "A," Count I. 6. In Count II of the Complaint, several Plaintiffs, namely Benjamin and Sherry Faesel as parents and natural guardians of Bailey Faesel, a minor; Benjamin Faesel in his own right; and Sherry Faesel in her own right, bring claims against Dr. Manning and the Center. See Exhibit "A," Count II. Pennsylvania Rule of Civil Procedure 1020(b) provides: If persons join as plaintiffs under Rules 2228, 2229(a) or (e), the complaint shall state the cause of action, any special damage, and the demand for relief of -2- each plaintiff in a separate count, preceded by a heading naming the parties to the cause of action therein set forth. Pa. R.C.P. 1020(b) (emphasis added). 8. Because Count I of the Complaint contains claims by several Plaintiffs, namely Benjamin and Sherry Faesel as parents and natural guardians of Bailey Faesel, a minor; Benjamin and Sherry Faesel as administrators of the estate of Morgan Faesel, deceased; Benjamin Faesel in his own right; and Sherry Faesel in her own right, it violates Pa.R.C.P. No. 1020(b). 9. Because Count II of the Complaint contains claims by several Plaintiffs, namely Benjamin and Sherry Faesel as parents and natural guardians of Bailey Faesel, a minor; Benjamin Faesel in his own right; and Sherry Faesel in her own right, it violates Pa.R.C.P. No. 1020(b). WHEREFORE, Anne Marie Manning, M.D. and Spirit Physician Services, Inc. respectfully request that this Honorable Court enter an Order striking, with prejudice, Count I and Count If of Plaintiffs' Complaint for failure to comply with Pa. R.C.P. No. 1020(b). In the alternative, said Defendants request that this Court order Plaintiffs to file an. amended pleading. PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY OF A PLEADING PURSUANT TO Pa.R.C.P. NO. 1028(a)(3) -3- 10. Paragraphs 1 through 9 above are incorporated herein by reference as if fully set forth at length. 11. In Paragraph 26 of Count I of the Complaint, Plaintiffs plead as follows: 26. The Defendants Dr. Manning and the Center were negligent in the following particular respects: a. failing to appreciate the risk factors attendant to a twin pregnancy, including the risk of pre- term labor; b. failing to respond appropriately to Sherry Faesel's complaints of contractions, cramping, mucous discharge, and bleeding on the morning of December 21, 1997; .+r g, failing to immediately institute appropriate and necessary treatment for Sherry Faesel's pre-term labor and/or cervical changes including. but not limited to cerclage, tocolytics and/or the administration of antibiotics; »sr failing adequately to possess medical skills, knowledge, experience, and techniques for the proper treatment of Plaintiff Sherry Faesel's increased risk twin pregnancy; and m. failing to bring to bear such medical skills and knowledge as the Defendants then possessed in the treatment and care of the Plaintiff Sherry Faesel. -4- See Exhibit "A," paragraph 26 (emphasis added). 12. In paragraphs 28 through 30 of Count II of the Complaint, Plaintiffs plead as follows: 28. As a result of the negligent care and treatment of the Defendants, Bailey Faesel was caused to be born extremely prematurely, and to suffer the effects of extreme premature birth, including but not limited to, a prolonged hospitalization and various treatments in an attempt to preserve her life, all of which have caused her pain, suffering, and disability. 29. As a further result of the Defendants' neglizent care and treatment, parent Plaintiffs were obliged to spend money for medicines, medical treatment and care for minor Plaintiff Bailey Faesel's treatment. 30. The premature birth of Bailey Faesel was caused solely and wholly by the negligence and carelessness of the Defendant, and was not caused or contributed to by any conduct on her part or on the part of her parents, Benjamin and Sherry Faesel. See Exhibit "A," paragraphs 28-30 (emphasis added). 13. In paragraph 38 and 39 of Count V of the Complaint, Plaintiffs plead as follows: 38. As a result of the negligent care and treatment of the Defendants, Benjamin Faesel was forced to witness the improper care of the Defendants to his wife, and the resultant premature birth and death of his daughter Morgan, and the premature birth and suffering of both his wife and daughter occasioned by the premature birth of his daughter Bailey. -5- 39. As a result of having witnessed the negligence of the Defendants, and the results of that negligence, as further set forth in the preceding paragraphs of this Complaint, Benjamin Faesel has suffered physical and emotional harm, including sleeplessness, headaches, insomnia, flash backs and gastric distress. He has been tearful, emotionally distraught, distressed, and has had difficulty attending to his daily activities. Said injuries to Benjamin Faesel were caused solely and wholly by the negligence of the Defendants and were not caused or contributed to by any negligence on his part. See Exhibit "A," paragraphs 38 and 39 (emphasis added). 14. In paragraphs 41 through 44 of Count VI of the Complaint, Plaintiffs plead as follows: 41. As a result of the negligence of the Defendants, Sherry Faesel was caused to deliver an extremely premature twin, Morgan, who died as a result of her prematurity. 42. As a result of the negligent care and treatment of the Defendants, Sherry Faesel was caused to suffer both physical and emotional harm as a result of the treatment necessitated to deliver Morgan and Bailey. As a result of witnessing the negligent conduct of the Defendants and the occurrence of death to her infant daughter Morgan, and harm due to the extremely premature birth of her daughter Bailey, she has suffered surgery, scarring, sleeplessness, headaches, insomnia, flashbacks, gastric distress, and physical pain due to the treatment necessitated as outlined above. She has been emotionally distressed and has had difficulty attending to her daily duties and occupation. -6- 43. As a result of the Defendants' negligent care and treatment, Sherry Faesel was obliged to expend sums of money for medicines and medical treatments in care for herself. 44. The injuries to Sherry Faesel were caused solely and wholly by the negligence of Defendants and were not caused or contributed to by any negligence on her part. See Exhibit "A," paragraphs 41 through 44 (emphasis added). 15. Also, Count II of the Complaint is labeled merely "Damages." See Exhibit "A," Count II. 16. In Count II, labeled as "Damages," Benjamin and Sherry Faesel, as parents and natural guardians of Bailey Faesel, a minor; Benjamin Faesel in his own right; and Sherry Faesel in her own right attempt to bring an action against Dr. Manning and the Center. See Exhibit "A," Count II. 17. Similarly, Count V of the Complaint is labeled merely "Damages." See Exhibit "A," Count V. 18. In Count V of the Complaint, Benjamin Faesel in his own right attempts to bring a cause of action against Dr. Manning and the Center. See Exhibit 'A" Count V. 19. Also, Count VI of the Complaint is labeled as "Damages." See Exhibit "A," Count VI. -7- 20. In Count VI of the Complaint, Sherry Faesel in her own right attempts to bring a cause of action against Dr. Manning and the Center. See Exhibit "A," Count VI. 21. However, Count II, Count V, and Count VI, which were all labeled "Damages" are confusing and insufficiently specific with such a label such that Defendants Dr. Manning and the Center are unable to ascertain what causes of action are being brought against them. 22. Moreover, the above-quoted allegations in paragraphs 26, 28-30, 38, 39 and 41-44 of the Complaint do not contain the factual specificity required under Pennsylvania law, nor are they supported by factual allegations elsewhere in the Complaint. See Exhibit "A," paragraphs 26, 28-30, 38, 39, 41-44. 23. Under Pennsylvania law, "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Pa.R.C.P. No. 1019(a). 24. Dr. Manning and the Center are prejudiced by the above-quoted allegations because they do not apprise said defendants of the claims against them, and they are therefore unable to prepare a defense thereto. 25. Moreover, use of the phrase "including, but not limited to" (paragraphs 26g and 28 of the Complaint) is designed to permit later amplification of -8- Plaintiffs' theories of liability or of Plaintiffs' injuries even after the statute of limitations has run. WHEREFORE, Anne Marie Manning, M.D. and Spirit Physician Services, Inc. respectfully request that this Honorable Court strike Count II, Count V and Count VI, as well as paragraphs 26(a), (b), (g), (1), and (m); 28-30; 38; 39; and 41- 44 of the Complaint for insufficient specificity. In the alternative, Plaintiffs should be directed to file a more specific pleading. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER FOR LEGAL INSUFFICIENCY OF A PLEADING PURSUANT TO Pa.R.C.P. NO. 1028(a)(4) 26. Paragraphs 1 through 25 above are incorporated herein by reference as if fully set forth at length. 27. In Count III of the Complaint, Plaintiffs bring a Wrongful Death claim against the Defendants. See Exhibit "A," Count III. 28. In paragraph 34 of Count III of the Complaint, Plaintiffs plead as follows: 34. Plaintiffs claim all lawful damages for all persons entitled to recover therefore, including medical expenses, funeral expenses, expenses of administration, the loss of expected pecuniary contributions, and the loss of decedent's care comfort, society. guidance and tutelage. See Exhibit "A," Count III, paragraph 34 (emphasis added). -9- 29. Under Pennsylvania law, wrongful death damages are to compensate spouse, children, or parents of deceased for pecuniary loss they have sustained by denial of future contributions deceased would have made in his lifetime, and also to allow recovery for certain administration, funeral and medical expenses. Burkett v. George, 118 Pa. Commw. 543, 545 A.2d 985 (1988). 30. However, in Paragraph 34, quoted above, Plaintiffs bring a loss of consortium claim on the behalf of the deceased minor's mother and father. See Exhibit "A," paragraph 33. 31. Pennsylvania appellate court case law limits loss of consortium claims to spouses. Huda v. Kirk, 122 Pa. Commw. 129, 551 A.2d 637 (1988), allocatur denied, 524 Pa. 613, 569 A.2d 1371(1989). 32. For example, in Jackson v. Tastvkake Inc 437 Pa. Super. 34, 648 A.2d 1214 (1994), the Pennsylvania Superior Court sustained the Defendant's preliminary objections seeking dismissal of the Plaintiff's parents' claims for loss of companionship, comfort and society of their child. 33. Therefore, Plaintiffs' claim in Paragraph 34 for the loss of consortium of their deceased child should be stricken due to legal insufficiency and for failure to conform to law or rule of Court. -10- WHEREFORE, Anne Marie Manning, M.D. and Spirit Physician Services, Inc. respectfully request that this Honorable Court enter an Order striking Paragraph 34 and Plaintiffs' claim for loss of consortium from the Complaint. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER FOR LEGAL INSUFFICIENCY OF A PLEADING PURSUANT TO Pa R.C P NO 1028(a)(4) 34. Paragraphs 1 through 33 above are incorporated herein by reference as if fully set forth at length. 35. In paragraph 36 of Count IV of the Complaint, Plaintiffs assert a claim under the survival statute for the following damages: 36. Plaintiffs bring this action on behalf of the Estate of Morgan Faesel, Deceased, pursuant to the Pennsylvania Survival Act, 42 Pa.C.S.A. §5302, and claim on behalf of the Decedent's Estate, all damage recoverable by law, including pain and suffering, loss of earnings and earning capacity and the total limitations and deprivation of the Decedent's normal activities pursuits and pleasures. See Exhibit "A, paragraph 36 (emphasis added). 36. Under Pennsylvania law, the damages recoverable in a survival action are limited to a decedent's conscious pain and suffering, loss of gross earning from the date of injury until death, and loss of earning power less personal maintenance expenses from the time of death through his or her estimated working life span. - 11 - 37. Under Pennsylvania law, a decedent's loss of enjoyment of life/loss of life's pleasures is not a recoverable element of damages in a survival action, and therefore Plaintiff has failed to state a claim in paragraph 36 upon which relief can be granted. WHEREFORE, Anne Marie Manning, M.D. and Spirit Physician Services, Inc. respectfully requests that the language "and the total limitation and deprivation of the decedent's normal activities, pursuits and pleasures" be stricken from paragraph 36 and that the claim for damages for loss of life's pleasures/ enjoyment be dismissed with prejudice for failure to state a claim upon which relief can be granted. METTE, EVANS & WOODSIDE By:2' lk1L? ?yc2/LC tiv?¢ ?J G A. STONE, ESQ RE Sup. Ct. I.D. #15907 KATHLEEN DOYLE YANINEK, ESQUIRE Sup. Ct. I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants Anne Marie Manning, M.D. and DATED: September 9, 1999 Spirit Physician Services, Inc. -12- Exhibit A 1- FELDMAN, SHEPHERD & WOHLGELERNTER BY: Carol Nelson Shepherd, Esquire; Eileen Riley Sutton, Esquire IDENTIFICATION NO.: 28650; 55912 ATTORNEYS FOR PLAI\7IFFS 25TH FLOOR 1845 WALNUT STREET PFBLADELPHIA, PA 19103 (215)$67.8300 BENJAMIN and SHERRY FAESEL, as parents and COURT OF COMMON PLEAS Natural Guardians of BAILEY FAESEL, a minor, and as CUMBERLAND COUNTY Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights BENJAMIN FAESEL No. ct - //7(-/3 L{ I Circle Lane Mechanicsburg, PA 17055 SHERRY FAESEL 1139 Middletown Road Hurnmelstown, PA 17036 Vs. ANNE MARIE MANNING, M.D. JURYTRlAL DEMANDED., American Office Center 432 N. 21st Street 7 Camp Hill, PA 17011 and SPIRIT PHYSICIAN SERVICES. INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS _ -, 503 N. 21st Street Camp Hill, PA 17011 COMPLAINT IN CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the followingg pages, you must take anion within twenty 1201 days after this complaint and notice are served. by entering a written appearance personally or by anorney and filing in writing with the count 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 ether claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY 4'" Floor. Cumberland County Courthouse Carlisle. PA 17013 Telephone: 717 .240.6200 Irho W,1 here unto feu fry NW af W.1 tart/ Ca 1216, Pa, ihe) I FELDMAN, SHEPHERD & WOHLGELERNTER BY: Carol Nelson Shepherd, Esquire; Eileen Riley Sutton, Esquire IDENTIFICATION NO.: 28650; 55912 ATTORNEYS FOR PLAINTIFFS 25TH FLOOR 1845 WALNUT STREET PHILADELPHIA, PA 19103 (215) 567-8300 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights BENJAMIN FAESEL I Circle Lane Mechanicsburg, PA 17055 SHERRY FAESEL 1139 Middletown Road Hummelstown, PA 17036 VS. ANNE MARIE MANNING, M.D. American Office Center 432 N. 21st Street Camp Hill, PA 17011 and SPIRIT PHYSICIAN SERVICES, INC. DB/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 503 N. 21st Street Camp Hill, PA 17011 COMPLAINT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. JURY TRIAL DEMANDED Plaintiffs Benjamin and Sherry Faesel, husband and wife, were at all times pertinent hereto the parents and natural guardians of Bailey Faesel. a minor, and Morgan Faesel, deceased, and were citizens and residents of the Commonwealth of Pennsylvania residing therein at I Circle Lane, Mechanicsburg, Cumberland County, PA 17055. Benjamin Faesel is currently residing at l Circle Lane, Mechanicsburg, Cumbedand County, PA 17055 and Sherry Faesel is currently residing at 1139 Middletown Road, Hummelstown, Dauphin County, PA 17036. 2. Plaintiffs Benjamin and Sherry Faesel were duly appointed by the Register of Wills of Cumberland County as Administrators of the Estate of hlorgan Faesel, Deceased, on May 3, 1999. Morgan Faesel died intestate on December 22, 1997. 3• Defendant Anne Marie Manning, M.D. (hereinafter "Dr. Manning") was at all times pertinent hereto a specialist in obstetrics and gynecology maintaining offices and a place of business at 432 N. 21 st Street, Camp Hill, Cumberland County, PA 17011. 4. Defendant Spirit Physician Services, Inc., DB/A Center for Women's Health and Wellness (hereinafter "the Center") was at all times pertinent hereto a corporation organized under the laws of the Commonwealth of Pennsylvania for the purpose of providing health services. and specifically obstetric and gynecologic care to patients, maintaining offices and a place of business at 503 N. 21st Street, Camp Hill, Cumberland County, PA 17011. 5. At all times pertinent hereto, Dr. Ivlanning was an agent.and/or servant and/or employee of the Center, acting within the course and scope of her employment, and within her own right. 6. At all times pertinent hereto, both Dr. Manning and the Center provided medical and obstetric care to plaintiff Sherry Faesel and her unborn twins. At all times pertinent hereto, Dr. klanning was engaged in the practice of medicine. pursuing the specialty of obstetrics and gynecologY. and was obliged to bring to bear in the practice of her profession the professional skill, knowledge, and care which she possessed. and to pursue her profession in accordance with reasonably safe and acceptable standards of medicine in _eneral and obstetrics and >.ynecology in particular. On or about September 23. 1997, plaintiff Sherry Faesel presented to Dr. Manning at the :enter for an initial obstetrical visit. At that time it was confirmed that she was pregnant, with an stimated date of confinement of April 25. 1997 by menstrual history. , 9. Sherry Faesel was seen by Dr. Manning on October 7, 1997 and on November 5, 1997 and at that time had normal prenatal visits. 10. An ultrasound examination was ordered by Dr. Manning, and was performed on November 25, 1997. This examination revealed a twin pregnancy, dichorionic and diamniotic, with good size/date correlation with the menstrual history, and a due date by ultrasound of April 21, 1998. 11. On or about December 10, 1997, at approximately 21 weeks gestation, Sherry Faesel was seen by Dr. Manning and complained of swelling of her feet. Dr. Manning noted what she described as "mild edema bilaterally." Dr. Manning also discussed Mrs. Faesel's twin pregnancy with her at that time, and described to her the plan to see her every two weeks after her twenty-third week in order closely to supervise and monitor her twin pregnancy. 12. Pregnancies with twins require close monitoring because of the increased risks presented, including the increased risk of preterm labor and delivery. 13. During the night of December 20, 1997 through the morning of December 21, 1997, at approximately 22 weeks gestation, plaintiff Sherry Faesel noticed contractions, cramping, and a discharge of blood and mucous vaginally. She telephoned Dr. Manning's office at 8:48 a.m. and related these complaints to the answering service. The telephone answering service relayed the message to Dr. Manning on an emergency basis. 14. Dr. Manning returned Mrs. Faesel's telephone call. However. despite the fact that Sherry Faesel was known to be carrying twins at only 22 weeks gestation, and was experiencing cramping, with oss of blood and mucous, Dr. Manning apparently failed to consider the possibility of preterm labor and impiv advised Mrs. Faesel to take it easy and to call when and if the symptoms changed or increased. 15. Sherry Faesel followed Dr. Manning's orders and rested: however. in the early evening of )ecember 21, 1997 at approximately 5:00 to 6:00 p.m., she noted an increase in the severity and frequency -3- , , of her contractions and an increase in blood and mucous vaginally. 16. At 6:14 p.m. she telephoned Dr. Manning's answering service to report that her cramping was bad, that she was still bleeding, and was six months pregnant. Again, her complaints were repotted by the telephone answering service to Dr. Manning as an emergency. 17. Dr. Manning returned Mrs. Faesel's call and advised her to go to the Holy Spirit Hospital emergency room to be evaluated and the Faesels immediately left for the hospital. 18. Upon arriving at the hospital at approximately 6:30 p.m., Sherry Faesel was admitted and Dr. Manning was notified. 19. Dr. Manning did not appear at the hospital to examine Mrs. Faesel until approximately 7:50 p.m., at which time she found her cervix was 8 cm. dilated. No orders had been entered by her in the interim between 6:30 p.m. and 7:50 p.m. Only following Dr. Manning's arrival was Mrs. Faesel placed in a Trendelenburg position, and efforts made to forestall her labor. 20. Dr. Manning arranged for a consultation with a Dr. Jay Hole, a perinatologist at Harrisburg Hospital. who suggested various measures to assist in the control of labor and the provision of antibiotic coverage. 21. On the morning of December 22. 1997, however. there was a spontaneous rupture of the membranes of the amniotic sac containing Morgan Faesel. who had been designated as Twin "A." Arrangements were made that day to transfer Mrs. Faesel to Harrisburg Hospital. 22. Upon arrival at Harrisburg Hospital. a decision was made to deliver Morgan (Twin A) at hat time with a planned delayed interval delivery of Bailey (Twin B). Morgan was in fact, delivered on December 22. 1997. Although bom alive, she succumbed on the same date as a result of her extreme prematurity. -4- 23. A cervical cerclage procedure was then performed to close the cervix and forestall delivery of Bailey (Twin B). Sherry Faesel was maintained on and-labor medications and antibiotic therapy until January 15, 1999 when her pre-term labor progressed, followed by spontaneous rupture of the membranes. Bailey Faesel (Twin B), was delivered on that date at approximately 25 5/7th weeks gestation via Cesarean section. 24. Bailey Faesel remained hospitalized for twelve and one-half weeks. during which time she underwent intensive care with various intravenous lines, support for breathing and medication administration in an effort to preserve her life and health, which was threatened by her extreme prematurity. COUNT I - NEGLIGENCE BENJAMIN AND SHERRY FAESEL, AS PARENTS AND NATURAL GUARDIANS OF BAILEY FAESEL, A MINOR, AND AS ADbIINISTRATORS OF THE ESTATE OF MORGArN FAESEL, DECEASED AND BENJAMIN AND SHERRY FAESEL IN THEIR OWN RIGHTS V. ANNE MARIE MANNING, M.D. AND SPIRIT PHY. i IAN SERVICES Nr DMI-A CENT R FOR WOtirEN S HEer IH AND WELLNESS 25. Paragraphs I through 24 are incorporated herein as if set forth at length. 26. The defendants Dr. Manning and the Center were negligent in the following particular respects: a. failing to appreciate the risk factors attendant to a mvin pregnancy. including the risk of preterm labor: b. failing to respond appropriately to Sherry Faesel's complaints of contractions. ,ramping, mucous discharge and bleeding on the morning of December 21, 1997: C. failing to immediately examine Sherry Faesel on the morning of December 21. 1997 o ascertain her condition. the condition of her twins and whether she was experiencing preterm labor nd/or cervical changes: d. failing to immediately hospitalize Sherry Faesel on the morning of December 21, -5- 1997 when defendants knew or should have known that her symptoms were consistent with preterm labor and/or cervical changes at only 22 weeks gestation, thereby placing both twins at grave risk; e. failing to immediately arrange for in-hospital monitoring and observation on the morning of December 21, 1997; f. failing to consult with a perinatologist on the morning of December 21, 1997 regarding Mrs. Faesel's symptoms consistent with extreme premature labor and/or cervical changes; 9. failing to immediately institute appropriate and necessary treatment for Sherry Faesel's preterm labor and/or cervical changes including, but not limited to, cerclage, tocolytics and/or the administration of antibiotics;' ' h. failing immediately to attend and examine Mrs. Faesel when she was admitted to the hospital at or about 6:30 p.m. on December 21, 1997 in extreme preterm labor with a twin pregnancy; failing immediately to order necessary treatment to forestall labor and prevent cervical dilatation in a patient with a twin pregnancy at 22 weeks gestation; j. failing immediately to consult with a perinatologist regarding a patient with extreme preterm labor in a twin pregnancy; k. failing to admit a patient with extreme preterm labor in a twin pregnancy to a ertiary care center with immediate access to perinatologists and the treatment necessary for the care of such patients; failing adequately to possess medical skills, knowledge, experience and techniques or the proper treatment of plaintiff Sherry Faesel's increased risk twin pregnancy; and m. failing to bring to bear such medical skills and knowledge as the defendants then ossessed in the treatment and care of the plaintiff Sherry Faesel. -6- COUNT II-DAMAGES BENJAhIIN FEND SHERRY FAESEL, AS PARENTS AND NATURAL GUARDIANS OF BAILEY FAESEL, A MINOR, AND BENJAMIN AND SHERRY FAESEL IN THEIR OWN RIGHT v. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVTCFC IN DB/A FN7ERFOR WOMEN'S rlEer.TH ANA WFi.T tvrSS 27. Plaintiffs incorporate by reference as if fully set forth at length, paragraphs I through 26 of this Complaint. 28. As a result of the negligent care and treatment of the defendants. Bailey Faesel was caused to be bom extremely prematurely, and to suffer the effects of extreme premature birth, including but not limited to a prolonged hospitalization and various treatments in an attempt to preserve her life, all of which have caused her pain, suffering and disability. 29. As a further result of the defendants' negligent care and treatment, parent plaintiffs were obliged to spend money for medicines, medical treatment, and care for minor plaintiff Bailey Faesel's treatment. 30• The premature birth of Bailey Faesel was caused solely and wholly by the negligence and carelessness of the defendants, and was not caused or contributed to by any conduct on her part or on the part of her parents, Benjamin and Sherry Faesel. WHEREFORE. plaintiffs Benjamin and Sherry Faesel as parents and natural guardians of Bailev Faesel, a minor. and Benjamin and Sherry Faesel in their own right, demand judgment in their favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services. Inc, d/bra Center for Women's Health and Wellness in an amount in excess of the jurisdictional limits for arbitration. together with interest and costs. 7- II I COUNT III - WRONGFUL DEATH BENJAMIN AND SHERRY FAESEL, AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED v. ANNE MARIE NLANNING, M.D. AND SPIRIT PHYSICIAN S .RVi C rN D/9/A CENTFIR FOR WONMNN Ur w 31. Plaintiffs incorporate by reference as if fully. set forth at length herein, paragraphs I through 30 of this Complaint. 32• Plaintiffs bring this action as the personal representatives of the decedent's estate pursuant to the Pennsylvania Wrongful Death Act 42 Pa.C.S.A.§8301(d). . . 33. The persons entitled by law to recover damages under the Pennsylvania Wrongful Death Act for the death of Morgan Faesel are as follows: Sherry Faesel (Mother) 1139 Middletown Road Hummelstown, PA 17036 Benjamin Faesel (Father) 1 Circle Lane Mechanicsburg, PA 17055 34. Plaintiffs claim all lawful damages for all persons entitled to recover therefore, including medical expenses, funeral expenses, expenses of administration, the loss of expected pecuniary ` contributions and the loss of decedent's care. comfort. society, guidance and tutelage. WHEREFORE, plaintiffs Benjamin and Sher n- as Administrators of the Estate of Morgan Faesel, Deceased demand judgment in their favor and against defendants Anne Marie Manning, M.D. and pirit Physician Services. Inc. D/B/A Center for Women's Health and Wellness for an amount in excess of to jurisdictional limits for arbitration, together with interest and costs. -8- COUNT IV - SURVIVAL ACTION BENJAMIN AND SHERRY FAESEL, AS ADMINISTRATORS OF THE ESTATE OF MORGAN FAESEL, DECEASED v. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SEA, INC DB/A NTFR FOR WO(VtFN' 6r A Tr, r,? ? r r ? c 35. Plaintiffs incorporate by reference as if fully set forth at length herein, paragraphs l through 34 of this Complaint. 36. Plaintiffs bring this action on behalf of the Estate of Morgan Faesel, Deceased, pursuant to the Pennsylvania Survival Act 42 Pa.C.S.A. §8302, and claim on behalf of the decedent's estate all damages recoverable by law, including pain and suffering, loss of earnings and eaming capacity and the total limitation and deprivatidn of the decedent's normal activities, pursuits and pleasures. WHEREFORE, plaintiffs Benjamin and Sherry Faesel, as Administrators of the Estate of Morgan Faes el, Deceased, demand judgment in their favor and against defendants Anne Marie Manning, M.D. an d Spirit Physician Services, Inc. DB/A Center for Women's Health and Wellness for an amount in excess of the jurisdictional limits for arbitration, together with interest and costs. COUNT V - DAMAGES BENJAMIN FAESEL, IN HIS OWN RIGHT V. ANNE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D3/4 CEVTER FOR WO N'C HFer rv AND i f UFSS 37. Plaintiffs incorporate by reference as if fully set forth at length herein paragraphs 1 through 36 of this Complaint. 38. As a result of the negligent care and treatment of the defendants. Benjamin Faesel was brced to witness the improper care of the defendants to his wife, and the resultant premature birth and leach of his daughter. Morgan. and the premature birth and suffering of both his wife and dauehter ccasioned by the premature birch of his daughter, Bailey. 39. As a result of having witnessed the negligence of the defendants. and the results of that egligence. as further set forth in the preceding paragraphs of this Complaint, Benjamin Faesel has -9- suffered physical and emotional harm including sleeplessness, headaches, insomnia, flashbacks and gastric distress. He has been tearful, emotionally distraught. distressed and has had difficulty attending to his daily activities. Said injuries to Benjamin Faesel were caused solely and wholly by the negligence of the defendants and were not caused or contributed to by any negligence on his part. WHEREFORE, plaintiff Benjamin Faesel demands judgment in his favor and against defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness, for an amount in excess of the jurisdictional limit for arbitration, together with interest and costs. COUNT VI - DAMAGES SHERRY FAESEL, IN HER OWN RIGHT V. AMINE MARIE MANNING, M.D. AND SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS 40. Plaintiff incorporates by reference as if fully set forth at length herein paragraphs I through 39 of this Complaint. 41. As a result of the negligence of the defendants, Sherry Faesel was caused to deliver an extremely premature twin, Morgan, who died as a result of her prematurity. 42. As a further result of the negligent care and treatment of the defendants, Sherry Faesel was caused to suffer both physical and emotional harm as a result of the treatment necessitated to deliver Morgan and Bailey. As a result of witnessing the negligent conduct of the defendants and the occurrence of death to her infant daughter Morgan and harm due to the extremely premature birth of her daughter Bailev. she has suffered surgery, scarring, sleeplessness, headaches, insomnia. flashbacks. gastric distress and physical pain due to the treatment necessitated as outlined above. She has been emotionally distraught. distressed. and has had difficulty attending to her daily duties and occupations. 43. As a further result of the defendants' negligent care and treatment. Sherry Faesel was obliged to expend sums of money for medicines, medical treatment. and care for herself. -10- 44. The injuries to Sherry Faesel were caused solely and wholly by the negligence of defendants and were not caused or contributed to by any negligence on her part. WHEREFORE, plaintiff Sherry Faesel, in her own right, demands judgment in her favor and against defendants Ann Marie Manning, M.D. and Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness for an amount in excess of the jurisdictional limit for arbitration, together with interest and costs. FELDMAN, SHEPHERD & WOHLGELERNTER BY: INel?on hepherd Eileen Rile utton Attorneys for Plaintiffs Dated: August 5, 1999 1, Sherry Faesel, a plaintiff in the foregoing pleading, state that the facts set forth are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, which relates to unswom falsification to authorities. ti SHE MY F SEL I, Benjamin Faesel, a plaintiff in the foregoing pleading, state that the facts set forth are true and correct to the best of my knowledge, information and belief. and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, which relates to unswom falsification to authorities. B-zrIN,FA? BENJPf1vIII+ SEI. CERTIFICATE OF SERVICE I hereby certify that I served 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 U.S. mail, First-class postage prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25th Floor 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiffs METTE, EVANS & WOODSIDE By: kx& -') I \ CRAIG A. STONE, SQ E Sup. Ct. I.D. #15907 KATHLEEN DOYLE YANINEK, ESQUIRE Sup. Ct. I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. DATED: September 9, 1999 13- - ,: ;.. ?. - ,, ?. J ... L. I_ ;.. ? ..? (? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights (Plaintiff) VS. ANNE MARIE MANNING, M.D. and SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH (Defendant) AND WELLNESS No. 99-4783 Civil. 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Carol Nelson Shepherd, Esquire/Eileen Riley Sutton, Esquire Address: Feldman, Shepherd & Wohlgelernter 25th Floor, 1845 Walnut Street Philadelphia, PA 19103 (b) for defendant: Craig A. Stone, Esquire/Kathleen Doyle Yaninek, Esquire Adams: Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 13, 1999 Dated: September 13, 1999 Attorney for uerenaants \. CERTIFICATE OF SERVICE I hereby certify 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 for Civil Procedure, by Facsimile transmission and by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25th Floor 1845 Walnut Street Philadelphia, PA 19103 (215) 567-8333 (Fax) Counsel for Plaintiffs METTE, EVANS & WOODSIDE BY: Gt fIuL Q" 4 o-t.u e' CRAIG A. STONE, E QUIR Sup. Ct. I.D. #15907 KATHLEEN DOYLE YANINEK, ESQUIRE Sup. Ct. I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. DATED: September 13, 1999 h i'? . ;? ?. ? '._? ._ U? J BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN : FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their owls rights Plaintiffs V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-4783 CIVIL ANNE MARIE MANNING, M.D. and JURY TRIAL DEMANDED SPIRIT PHYSICIAN SERVICES, INC. DB/Al CENTER FOR WOMEN'S HEALTH AND WELLNESS Defendants PRAECIPE TO REMOVE FROM THE OCTOBER 13, 1999 CUMBERLAND COUNTY ARGUMENT COURT LIST TO THE PROTHONOTARY Please remove the above-captioned matter from the October 13, 1999 Cumberland County Argument Court List because the Plaintiff will file an Amended Complaint. METTE, EVANS & WOODSIDE By: Al???CL('l?.tiL r.?c?y C cZ2(v?zl?? CRAIG A. STONESQL RE Sup. Ct. I.D. #15907 KATHLEEN DOYLE YANINEK, ESQUIRE Sup. Ct. I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. DATED: September 24, 1999 CERTIFICATE OF SERVICE I hereby certify that I served 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 U.S. mail, First-class postage prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25th Floor 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiffs METTE, EVANS & WOODSIDE Bv- CRAIG A. STONE, ESQUIRE Sup. Ct. I.D. #15907 KATHLEEN DOYLE YANINEK, ESQUIRE Sup. Ct. I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants Anne Marie Manning, M.D. and Spirit Physician Services, Inc. DATED: September 24, 1999 AN579 1 A Q v y9 c ,. C? -I I FELDMAN, SHEPHERD & WOHLGELERNTER BY: Carol Nelson Shepherd, Esquira; Eileen Riley Sutton, Esquire IDENTIFICATION NO.: 28650; 55912 ATTORNEYS FOR PLAINTIFFS 25TH FLOOR 1845 WALNUT STREET PHILADELPHIA, PA 19103 (215)567.8300 BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased, and BENJAMIN and SHERRY FAESEL, in their own rights vs. ANNE MARIE MANNING, M.D. and SPIRIT PHYSICIAN SERVICES, INC. D/B/A CENTER FOR WOMEN'S HEALTH AND WELLNESS COURT OF COMMON PLEAS CUMBERLAND COUNTY Ara. 99-9783 Civil JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS ANNE MARIE MANNING, M.D. SPIRIT PHYSICIAN SERVICES, INC., d/b/a CENTER FOR WOMEN'S HEALTH AND WELLNESS Plaintiffs, by their counsel, Feldman, Shepherd & Wohlgelemter, hereby reply to Defendants' New Matter and in support thereof aver as follows: 1-17. Denied; further, the noted paragraphs constitute conclusions of law to which no responsive pleading is required. WHEREFORE, plaintiffs demand judgment in their favor. FELDMAN, SHEPHERD & WOHLGELERNTER BY: C Ison Shepherd Eileen Riley Sutton Attorneys for Plaintiffs VERIFICATION I, Carol Nelson Shepherd, counsel for plaintiffs in the foregoing pleading, state that the facts set forth are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, which relates to unswom falsification to authorities. e'nc? - c)uRb4YtLSON SHEPHERD December 6, 1999 CERTIFICATE OF SERVICE Carol Nelson Shepherd, attorney for plaintiffs in the within action, hereby certifies that a true and correct copy of the foregoing Reply to New Matter was served via United States, First Class Mail, on December 6, 1999 upon all counsel of record as follows: Craig A. Stone, Esq. Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 ee?DL C O NELSON SHEPHERD Attorney for Plaintiff December 6, 1999 >- v') ?- U =': C ? '.'i ". l!J -- ?_ , u_: c ? 1'J i 1; C) °.7 i ::. r C. C"' C, ( J and BENJAMIN and SHERRY FAESEL, in their own rights, Plaintiffs VS. ANNE MARIE MANNING, M.D.; SPIRIT PHYSICIAN SERVICES, INC., d/b/a CENTER FOR WOMEN'S HEALTH AND WELLNESS, Defendants NO. 99-4783 Civil JURY TRIAL DEMANDED NOTICE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service subpoenas for documents and things pursuant to Rule 4009.22, Defendants, Anne Marie Manning, M.D., Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, are attached to this certificate, (3) no objection to the subpoenas has been made or received, and (4) the subpoenas which will be served are identical to the subpoenas which were attached to the notices of intent to serve the subpoenas. METTE, DE U Y: ,r B rai A.'Sto e, Esquire Sup. Crt. IJ'b. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendants, Anne Marie Manning, M.D. Spirit Physician Services, Inc., d1b/a00 Center for Women's Health and Wellness .04.A BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased and BENJAMIN and SHERRY FAESEL, in their own rights, Plaintiffs VS. ANNE MARIE MANNING, M.D.; SPIRIT PHYSICIAN SERVICES, INC., d/b/a CENTER FOR WOMEN'S HEALTH AND WELLNESS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-4783 Civil JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, & WOODSIDE BY: Craig A. Sto e,,Esquire Sup. Crt. I.D #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendants, Anne Marie Manning, M.D. Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness DATED: 11/22/99 ,.? 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Marla Triano-Rogers. M.D.. Pediatrix Medical Group, Harrisburg Hospital. 111 South Front Street. Harrisburg. PA. 17101-2099 (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: any and all medical records, office notes, correspondence and other documentation concerning Bailey Faesel. DOB: 1/15/98; (Parent Sherry Faesel of 1 Circle Lane, Mechanicsburg, PA, 17055). at Mette. Evans & Woodside. 3401 North Front St.. P.O. Box 5950. Harrisburg. PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON Name: Craia A. Stone. Esauire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg. PA 17110.0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: /I / L 7 G4- Seal oft the Court i 1: u0:1 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: James F. Daly. M.D.. Suite 150. 2645 North Third Street. Harrisburg. PA 17110-2096 (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: any and all medical records, office notes, correspondence and other documentation concerning Bailey Faesel. DOB: 1/15198; Parent Sherry Faesel of 1 Circle Lane, Mechanicsburg, PA, 17055. at Mette. Evans & Woodside. 3401 North Front St.. P.O. Box 5950. Harrisburg PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON Name: Craia A. Stone. Esauire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg. PA 17110.0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: I t' Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Todd Fisher M.D. Family Medical Center of Middletown 1022 North Union Street Middletown PA 17057-2158 (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: any and all medical records, office notes, correspondence, test reports or other documentation contained in the patient file for Sherry Faesel, DOB: 7/22/73; SS #189-68-6925. at Matte Evans & Woodside 3401 North Front P.O. Box 5950, Harrisburg, PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: __ Craig A Stone, Esquire Address: 3401 N. Front St P.O. Box 5950 Harrisburg PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: Seal of the Court ,.;rv:I r: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. vs. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Todd Fisher, M.D.. Family Medical Center of Middletown. 1022 North Union Street Middletown. PA 17057-2158 (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: any and all medical records, office notes, correspondence, test reports or other documentation concerning Benjamin Faesel; S.S. #155-66-1558; DOB 7/16/73. at Matte. Evans & Woodside. 3401 North Front St.. P.O. Box 5950. Harrisburg. PA 17110.0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON Name: Craia A. Stone. Esauire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg. PA 17110-0950 Telephone: 7171232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: Sdale Court 1•? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: James Hole D.O. 205 South Front Street Suite 7-8ELarrisburcl, PA 17105 (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: any and all medical records, office notes, correspondence, hospital notes regarding treatment rendered to Sherry Faesel, DOB: 7122/73; SS #189-68-6925. at_. tte Evans & Woodside 3401 North Front St. P.O. Box 5950. Harrisburg, PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A Stone, Esouire Address: 3401 N. Front St P.O. Box 5950 Harrisburg PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: Seal of the Court .V6? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital - Medical Record Department 111 South Front Street Harrisburg. PA 17101-2099 (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: any and all hospital records, in-patient, out-patient, relating to treatment rendered to Sherry Faesel; DOB: 7/22/73; SS #189-68-6925. at Mette. Evans & Woodside 3401 North Front St P.O. Box 5950. Harrisburg PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A. Stone Esquire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: 11-1 r} '!N 5 al of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital - Medical Record Department 111 South Front Street Harrisburg PA. 17101-2099 (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: any and all medical records relating to Bailey Faesel (Twin B), DOB: 1/15/98 (Parents name Sherry Faesel of 1 Circle Lane, Mechanicsburg, PA 17055). You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: __ Craig A Stone. Esouire Address: 3401 N. Front St P.O. Box 5950 Harrisburg PA 17110.0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: l _r Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, KID., et al JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital - Medical Record Department 111 South Front Street Harrisburg. PA 17101-2099 (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: any and all medical records relating to Morgan Faesel, Deceased, DOB: 12/22197; (Parent Sherry Faesel, 1 Circle Lane, Mechanicsburg, PA 17055). at Mette Evans & Woodside 3401 North Front St. P.O. Box 5950. Harrisburg, PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A Stone, Esquire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital - Radiology Deoartment 111 South Front Street Harrisburg. PA, 17101-2099 (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: all radiology films relating to treatment rendered to Sherry Faesel; DOB 7122/73; SS #189-68-6925. at Mette Evans _& Woodside, 3401 North Front St.. P.O. Box 5950. Harrisburo. PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON Name: Craig A. Stone. Esquire Address: 3401 N. Front St. P.O. Box 5950 Harrisburo, PA 17110-0950 Telephone: 717/232-5000 - Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. vs. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital - Radiology Department. 111 South Front Street Harrisburg. PA. 17101-2099 (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: all radiology films of Bailey Faesel (Twin 8), DOB: 1/15/98 (Parent Sherry Faesel of 1 Circle Lane, Mechanicsburg, PA 17055). at Matte. Evans & Woodside. 3401 North Front St P.O. Box 5950, Harrisburg PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A. Stone. Esquire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: 11-f Y -CI 9 Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, et al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital - Radiology Deoartment 111 South Front Street Harrisburg. PA. 17101-2099 (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: all radiology films of Morgan Faesel, Deceased (Twin A), DOB: 12/22/97 (Parent Sherry Faesel of 1 Circle Lane, Mechanicsburg, PA 17055). at Matte. Evans & Woodside 3401 North Front St P.O. Box 5950, Harrisburc PA 17110-0930 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A. Stone. Esouire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: 717/232.5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: // Seal of the Court CERTIFICATE OF SERVICE AND NOW, this 22nd Day of November 1999, I, KAY E. TIPTON, PARALEGAL, hereby certify that I am 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 the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25th Floor 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiffs METTE, EVANS & WOODSIDE By: l k`- Kay . T ton,' ralegal for Craig A. Stone, Esquire Sup. Ct. I.D. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Defendants, Anne Marie Manning, M.D. Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness CERTIFICATE OF SERVICE I, Kay E. Tipton, Paralegal, hereby certify that I am 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 the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25th Floor 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiffs METTE, EVANS & WOODSIDE By: Ka E ipto 'Paralegal for Craig A. Stone, Esquire Sup. Ct. I.D. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Defendants, Anne Marie Manning, M.D. Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness DATED: 12/29/99 ifs ?., ?? i their own rights, Plaintiffs VS. NO. 99-4783 Civil ANNE MARIE MANNING, M.D.; SPIRIT PHYSICIAN SERVICES, INC., d/b/a CENTER FOR WOMEN'S HEALTH AND WELLNESS, Defendants JURY TRIAL DEMANDED NOTICE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service subpoenas for documents and things pursuant to Rule 4009.22, Defendants, Anne Marie Manning, M.D., Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, are attached to this certificate, (3) no objection to the subpoenas has been made or received, and (4) the subpoenas which will be served are identical to the subpoenas which were attached to the notices of intent to serve the subpoenas. METTE, EVANS & BY: Sup. Crt. I.D. 15907 3401 North Fr +t Street P.O. Box 5$5, Harrisburg, P"A 17110-0950 (717)232-5000 Attorneys for Defendants, Anne Marie Manning, M.D. Spirit Physician Services, Inc., d/b/a00 Center for Women's Health and Wellness BENJAMIN and SHERRY FAESEL, as parents and Natural Guardians of BAILEY FAESEL, a minor, and as Administrators of the Estate of MORGAN FAESEL, Deceased and BENJAMIN and SHERRY FAESEL, in their own rights, Plaintiffs VS. ANNE MARIE MANNING, M.D.; SPIRIT PHYSICIAN SERVICES, INC., d/b/a CENTER FOR WOMEN'S HEALTH AND WELLNESS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-4783 Civil JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, DATED: /,' • 2 • JAI METTE, EIyAN$ & WOODSIDE BY: Craig A. , s 1 Sup. Crt. I.D. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendants, Anne Marie Idianning, M.D. Spirit Physician Services, Inc. d/b/a Center for Women's Health and Wellness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: John D. Conroy. Jr.. 50 North 1211 Street. Lemoyne PA 17043 (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: any and all medical records, office notes, correspondence contained in the patient care file of Sherry Faesel, DOB: 7/22173, S.S. #189-68-6925. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A. Stone. Esquire Address: 3401 N. Front St. P.O. Box 5950 _Harrisburg PA 17110-0950 Telephone: 7171232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: Seal of the Cou :1110.11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., at al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: 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: any and all medical records, office notes, correspondence contained in the patient care file of Sherry Faesel, DOB: 7/22173; S.S. #189.68-6925. at Matte. Evans & Woodside 3401 North Front St P.O Box 5950 Harrisburg PA 17110-0950 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may tmek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A. Stone. Esquire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg. PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants / ? B TI ECO T: DATE: t0 1 y Seal of the Court (Prothonot C rk, Civil iv ion) puty 1111031 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Family Medical Center of Camp Hill 4076 Market Street Camp Hill PA 17011 (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: any and all medical records, office notes, correspondence contained in the patient care file concerning Benjamin Faesel, S.S #155.66-1558, DOB: 7/16/73. at Mefte. Evans & Woodside. 3401 North Front St.. P.O. Box 5950. Harrisburg PA 17110-0950 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. Name: Craic A. Stone. Esquire Address: 3401 N. Front St. P.O. Box 5950 Harrisburo. PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants DATE: 6, IG f Seal of the Court 1111031 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Domingo T. Alvear. M.D 2600 North Third Street Harrisburg PA (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: any and all medical records, office notes, correspondence relating to care and treatment rendered to Bailey Faesel, DOB: 1/15/98 of 1 Circle Lane, Mechanicsburg, PA, 17055 (Parent: Sherry Faesel, DOB: 7/22173; S.S. #189-686925). at_Mette. Evans & Woodside 3401 North Front St P.O. Box 5950, Harrisburg PA 17110-09+0 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A. Stone Esguire Address: 3401 N. Front St. P.O. Box 5950 Harrisburg PA 17110-0950 Telephone:-717/232-5000 Supreme Court ID#__ 15907 ATTORNEY FOR: Defendants DATE: c?A? t, lac, Seal of the Court 1111031 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., at al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: 503 North 21st Street, (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: any and all radiology film, ultra sound filar and corresponding reports regarding Sherry Passel, DOB: 7/22/73; S.S. #189-68-6925. at Matte. Evans 6 Woodside, 3401 North Front Street, P.O. Box 5950 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name:_ Craig A Stone. Esouire Address: 3401 North Front Street P.O. Box 5950 Harrsiburo. PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., at al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: or Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all hospital records, reports, including inpatient, .outpatient and emergency room records regarding Sherry Faesel, DOB: 7/22/73; S.S. #189-68-6925. 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: Name: Craig A. Stone. Esquire Address: 3401 North Front Street P.O. Box 5950 Harrsiburg, PA 17110-0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants A\ DATE: a. fQa Seal of the COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENJAMIN and SHERRY FAESEL, at al. VS. : NO. 99-4783 Civil ANNE MARIE MANNING, M.D., et al. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (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: at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Craig A. Stone. Esquire Address: 3401 North Front Street P.O. Box 5950 Harrsiburg. PA 17110.0950 Telephone: 717/232-5000 Supreme Court ID# 15907 ATTORNEY FOR: Defendants CERTIFICATE OF SERVICE AND NOW, this 7 Day of 1999, I, KAY E. TIPTON, PARALEGAL, hereby certify that I am 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 the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelemter 25th Floor 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiffs METTE, EVANS & WOODSIDE By: Kay E. Tk6ffin, Pa alegal for Craig A. Stone, Esquire Sup. Ct. I.D. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Defendants, Anne Marie Manning, M.D. Spirit Physician Services, Inc., d/b/a Center for Women's Health and Wellness :204951 1 CERTIFICATE OF SERVICE I, Kay E. Tipton, Paralegal, hereby certify that I am 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 the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Carol Nelson Shepherd, Esquire Eileen Riley Sutton, Esquire Feldman, Shepherd & Wohlgelernter 25th Floor 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiffs METTE, EVANS & WOODSIDE By: 4 K01 ff/. Tipf66, Paralegal for Craig A. Stone, Esquire Sup. Ct. I.D. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Defendants, Anne Marie Manning, M.D. Spirit Physician Services, Inc., d/b/a DATE: 12/30/99 Center for Women's Health and Wellness ,- - .. ?.? ?? .._