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HomeMy WebLinkAbout99-04858. y?',5vh.?Jtl 0 00 LO 60 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 19 ?Q- "YOocroo el L) Civil Action - (X) law ( ) Equity DEBORAH MAHONY, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED 532 Bridge Street New Cumberland, PA 17011 Plaintiff(s) 8 Address(es) EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE 423 North 21st Street Camp Hill, PA 17011 versus PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Defendant(s) d Address(es) Please issue writ of summons in the above-captioned action. B Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, P (717) 652-84558 17109-3099 Names/Address/ Telephon No. of Attorney 0_94z' //(w Signature of Attorney Supreme Court ID No. 07274 Date: August 11, 1999 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. i of onotary Date:_r1?? by ?r C , Deputy ( ) Check here if reverse is issued for additional information PROTHON. - 55 ?'?: Cam: ? ?O p ? J'i ?.^ 'bor u r^. SHERIFF'S RETURN - REGULAR { CASE NO: 1999-04858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHONY DEBORAH ET AL VS. JORGE EDUARDO MD ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon JORGE EDUARDO MD the defendant, at 12:45 HOURS, on the 13th day of August 1999 at 423 NORTH 21ST STREET CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to ANNA OLSEN (ADULT IN CHARGE) a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 00 - Service 9.30?yy??,+?2 Affidavit .00 ? ._ Surcharge 8.00 R- rI' omah s Kam; 5 eri T $35?U?WI} , I)ENGER & WEIDNER 08/16/1999 / Y Sworn and subscribed to before me this /b?" day of 19Q9 A.D. r fi3r SHERIFF'S RETURN - REGULAR . f CASE NO: 1999-04858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHONY DEBORAH ET AL VS. JORGE EDUARDO MD ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE the defendant, at 12:45 HOURS, on the 13th day of August 1999 at 423 NORTH 21ST STREET CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to ANNA OLSEN (ADULT IN CHARGE) a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So anS'wers: Docketing 6.00 Service .00 7vCt'a! Affidavit .00 Surcharge 8.00 omas i e, 5 eri WIX EN9G9EER & WEIDNER 08/16 by G G?/Y1M?Y e u y eri Sworn and subscribed to before me this It, a. day of 19 A.D. J? ro no ary BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, THE ESTATE OF VIVIAN DECEASED V. EXECUTRIX OF M. D'ANGELO, Plaintiffs, EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. TO THE PROTHONOTARY: ATTORNEYS FOR DEFENDAN EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED Kindly enter my appearance on behalf of the Defendants, Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute, in connection with the above-captioned case. Respectfully submitted, POST & SCHELL, P.C. 16"" EVAN BLACK, ESQUIRE Attorney for Defendants .l I, Kelley Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Q ing1jn KELLEY S AN LER DATE: q' oZ 1 '1999 ? r Opt C7 N jy 4,i 4. iti s il. 0 cn Ol BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717)731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. TO THE PROTHONOTARY: ATTORNEYS FOR DEFENDAN EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, P.C. t AN BLACK, ESQUIRE Attomey for Defendants POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M DECEASED D'ANGELO, Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT AND NOW, this A_ day of ' I a Rule is hereby granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. (11' UAI?yj I - &? t oProttronotary I ICJ I, Kelley Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 DATE: -L` 1999 ??1,lba? n nmr?a KELLEY S AAMMERd C S? U N ?s . G F , CL- y c- N 7 -L--?.. C tL L u S - N : W ?tCL z ?t POST & SCHELL, P.C. BY: ANDREW H. BRIGGS I.D. # 53072 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. TO THE PROTHONOTARY: ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED Kindly enter my appearance on behalf of the Defendants, Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute, in connection with the above-captioned case. Respectfully submitted, POST & SCHELL, P.C. ?'& " ANDREW H. BRIGGS, S UIRE Attorney for Defendants I, Kelley Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 KELLEY S ANGLER DATE: 1 G -y -q 9 } f ` 2 ri: C 1.7 V G? U r> 1^ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF D'ANGELO TERM, 0000 -VS- CASE NO: 1999-4858 EDUARDO JORGE, MD, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK. ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena his been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10121199 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DE11-137196 09C>2-4-1-03- COMMONWEAL T li OF P E N N S YL VAN T A COUNTY OF CLIMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF D'ANGELO -VS- EDUARDO JORGE, MD, ET AL TERM, 0000 CASE NO: 1999-4858 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HARRISBURG HOSPITAL HARRISBURG HOSPITAL MOFFITT, PEASE & LIM ASSOC RAYMOND GRANDON, MD TO: RICHARD WIX , ESQ. X-RAY ONLY MEDICAL MEDICAL RECORDS 6 XRAYS MEDICAL RECORDS 6 XRAYS MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/01/99 MCS on behalf of CC: EVAN BLACK, ESQUIRE - 85444 EVAN BLACK, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-103371 09 624 -C O l- 02MRS MI! OP PUSU AMM allnm oaf am=AND EST. OF W ANGELO VS File No. 1999-4858 EDUARDO JORGE, MD, ET AL SLBPOE1yN1 TO P err rw,? ,a FOR Dlev doe,.s T' TO' ' HARRISBURG HOSPITAL (Nine of Parson car Entitv) Within twenty (20) days after- service of this subpoena, you are a dared by the am" to produce the following docmments or things: at _ RFFT T PA 19103 (Address) Ycu ceY deliver or mail legible copies of the documents or produce things rented b? this subooena, together with the certificate of compliance, to the Arty tusking this request at the add•eas listed above. you have the right to seek in advanes the reasonoble 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 smw,ing this subpoena may seek a cart ardor compelling you to cmvly with it. THIS SJPCENA WAS ISO AT THE REQUEST CF TrE FCLLONlNO PERSON: NAME' rv m FT Ary PcQTTTRF ADDRESS: ?An r_aeumrTST.+ evFnnF S11TTF 100 !'AMP 2jL PA 17011 Uj-mtm COLRT ID li A..Mii FOR: TRF 11FFFNMVZT DATE:4 29 /949 1 of the c 7r By THE COIRT: Prothonotary i . Civil Division Deputy (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 09624 VIVIAN M. D'ANGELO, DECD Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject : VIVIAN M. D'ANGELO, DECD 2505 HOFFER STREET, HARRISBURG, PA Social Security M 203-10-1806 Date of Birth: 08-02-20 SU10-213354 0 9 6 2 4- L O 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF D•ANGELO -VS- EDUARDO JORGE, MD, ET AL COURT OF COMMON PLEAS TERM, 0000 CASE NO: 1999-4858 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/21/99 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEII-137197 09624-1,02 C OMMO NWEAL T H OF P E N N S YL VAN 1 A COUNTY OF C UMB E RLAN D IN THE MATTER OF: EST. OF D'ANGELO -VS- EDUARDO JORGE, MD, ET AL COURT OF COMMON PLEAS TERM, 0000 CASE NO: 1999-4858 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HARRISBURG HOSPITAL X-RAY ONLY HARRISBURG HOSPITAL MEDICAL MOFFITT. PEASE 6 LIM ASSOC. MEDICAL RECORDS 6 XRAYS RAYMOND GRANDON, MD MEDICAL RECORDS 6 XRAYS TO: RICHARD NIX , ESQ. MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10101/99 MCS on behalf of CC: EVAN BLACK, ESQUIRE - 85444 EVpN BLACK, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET €800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-103371 09(524-CO-1 y i ?fQa Elm- Or P9NNSYENAKUL 2MO Op amMMA D EST. OF D'ANGELO VS EDUARDO JORGE, MD, ET AL File No. 1999-4858 ANA TO PRtYY err nnr..l..r ? _ ? FCiI D I SODVEpv a ea ?y i T- ?g ?ODg TO: HOSPITAL or Ent i t„ - Within twenty (20) days after service of this OAXx d, you are ordered by the court to Produce the following documents or things: at (Address) ?- 'fou may deliver or mail legible copies of the documents or produ?oa things requested b) this subpoena, together with the eartifiests of 001 11141-40, 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 fait to produce the doc~ts or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a cart order come) lirg you to amply with it. THIS SUBPOENA WAS ISSUED AT 1- ig REOIVEST OF THE FCLLp/I N0 PERSON: NAiE:_ FVdA* RT derv F4(1TTTRF ADDRESS: 9AO-- RAMnVTF[I AVFNITF C11TTF 100 CAMP HTLi PA 17011 TELEPFIONE: !9151 246-0900 SLPRFTE =ar I D 0 ATTORNEY FORT THE TIFFFNT)4NT DATE: 400- Lam, z9 /949 Sbal of tM Court BY THE COURT: n Prothonotary/Clark. Civil Division Deputy (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 171012099 RE: 09624 VIVIAN M. D'ANGELO, DECD INCLUDING REPORTS, STUDIES, NOTES, CORRESPONDENCE, CONSULTATIONS, ETC. FOR ALL INPATIENT/OUTPATIENT/ER/CLINIC OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : VIVIAN M. D'ANGELO, DECD 2505 HOFFER STREET, HARRISBURG, PA Social Security #: 203-10-1806 Date of Birth: 08.02.20 SU10-213356 09 62- 4- 1-0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF D'ANGELO TERM, 0000 -VS- CASE NO: 1999-4858 EDUARDO JORGE, MD, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/21/99 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DE11-137451 0962-4-1,03 C OMMO NWEAL T H O Er P EE N N S YL VAN 1A COUNTY OF CUMB E RLAN D IN THE MATTER. OF: EST. OF WANGELO VS- EDUARDO JORGE. MD, ET AL COURT OF COMMON PLEAS TERM, 0000 CASE NO: 1999-4858 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HARRISBURG HOSPITAL X-RAY ONLY HARRISBURG HOSPITAL MEDICAL MOFFITT, PEASE 5 LIM ASSOC. MEDICAL RECORDS S XRAYS RAYMOND GRANDON, MD MEDICAL RECORDS 6 XRAYS TO: RICHARD WIX , ESQ. MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/01/99 MCS on behalf of CC: EVAN BLACK, ESQUIRE - 85444 _ EVAN BLACK, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 YARK.ET STREET €800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-103371 0 9 6 2 4- C O 1 i C NMI OF FinaE61Qalm Ma rlr oe a]HMEAp EST. OF D'ANGELO VS File No. 1999-4858 EDUARDO JORGE, MD, ET AL -SL 'A 70 PAODI_rx rm.c - _ n. FOf7 DID ,1 ---__? SU4NT TO Rl1LE 4OD_ gg?? T0. R: MOFFITT, REASE 5 LIM ASSOC. YCZTnnT AM AV (Name of Person ar Entity) ?-- Within twenty (pD) days after service of this subpoans, you are ordered by the court to produce the following docynents or things: Crr at _ 19103 (Address) rou may deliver or mail legible copies of the d*"ts or produce things requested by this subpoena, together. with the certificate of Ce:pliance, to the party making this request at the addrfas listed above. You have the right to seek in advance the reasonable cost of preparing the copies ar producing the things sought. If you fail to produce the d0cf ents or things required by this subpoena within twarrty (20) days after its service, the party serving this subpoena may seek a court order carpellir:g you to CarplY with it. THIS SLBPCENA WAS ISSLEEa AT THE REMST CF THE FOL MINO PERSON: NAM rvAM ATArm F'OTiTRF DRESS: W n_ruenmvrQ AVFNITF SUITE 100 CAMP HTIT PA 17011 T•ELEPHOW: (7151 74(,-nQno Sli+ME =Arr I D M ATTORNEY FOR:THE i1FFFAn AXT DATE: .tea, A,_ 'a9.ICgg i of tM Court BY IM COURT: C,zti R. .. ,? PrcthW&ArY/ , Civil Division Deputy (Eff. 1/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOFFITT, PEASE & LIM ASSOC. 1000 N. FRONT STREET WORMLEYSBURG, PA 17043 RE: 09624 VIVIAN M. D'ANGELO, DECD INCLUDING REPORTS, STUDIES, NOTES, CORRESPONDENCE, CONSULTATIONS, ETC FOR ALL INPATIENT/OUTPATIENT/ER/CLINIC OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : VIVIAN M. D'ANGELO, DECD 2505 HOFFER STREET, HARRISBURG, PA Social Security #: 203-10-1806 Date of Birth: 08-02-20 SU10-213358 09624-1-03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF D'ANGELO TERM, 0000 -VS- CASE NO: 1999-4858 EDUARDO JORGE, MD, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/21/99 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DE11-137199 09624-T-04 C OMMO N47EAL T H OF P E NN S Y L VAN = A COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF D'ANGELO TERM, 0000 -VS- CASE NO: 1999-4858 EDUARDO JORGE, MD, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS HARRISBURG HOSPITAL X-RAY ONLY HARRISBURG HOSPITAL MEDICAL MOFFITT, PEASE 6 LIM ASSOC. MEDICAL RECORDS 6 XRAYS RAYMOND GRANDON, MD MEDICAL RECORDS S XRAYS TO: RICHARD waX , ESQ. MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served Dursuant to the applicable Pennsylvania Pules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 20101199 MCS on behalf of CC: EVAN BLACK, ESQUIRE - 85444 EVAN BLACK, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARI= STREET €800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-103371 0 9 6 2 4- C O 1 9 EST. OF D'ANGELO VS EDUARDO JORGE, MD, ET AL TO: COMIC 1mum Cr rsitalQ,vA?mi mot or aIMMAM File No, 1999-4858 TO ? PRODLI[F ew,e TH I N(i,S _ D I SCOhIERV oa .ur ... a a aaz FOR: RAYMOND GRANDON, MD (Nina of Person or Entit Within twenty (20) days after swig of this subpoena. You are Produca the following doctsr:ants or thi s the t to cage: SEE ATTACHED 4t (Address) 19103-: {ou =y delivr Cr mail legible Copies of the doaments Cr produoe things requested by this subpoena, together with the Certificate of =Mlianoe, to the Part making this request at the address listed above. You have the right to seek in edvanp the reasonable cost of preperirg the copies or producing the things sought. If you fail to produce the dzcJwts Cr things required by this wApom (20) days after its service, the party serving this subpoena a within twenty ccrrPOl l irg you to Ca:ply with it. Y seek a cart order THIS SLBPOENA WAS ISSI AT THE REaEST OF THE FOLLCWINO PERSON: NAME:-- EVAN BLACK ESQUIRE ADDRESS: 240 GRANDVIE61 AVENUE, SUITE 100 CAMP HILL PA 17011 TE JEPFM: (215) 246-0900 SLIPR!EME CART ID M ATTdiNEY FOR: THE DEFENDANT DATE: 9 9 /q q 4 1 of the Cart BY THE COURT: C - ,e & PrOthOnOtW C erk, Civil Division Deputy (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RAYMOND GRANDON, MD 131 STATE STREET HARRISBURG, PA 17101 RE: 09624 VIVIAN M. D'ANGELO, DECD INCLUDING REPORTS, STUDIES, NOTES, CORRESPONDENCE, CONSULTATIONS, ETC FOR ALL INPATIENT/OUTPATIENT/ER/CLINIC OR OFFICE VISITS. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : VIVIAN M. D'ANGELO, DECD 2505 HOFFER STREET, HARRISBURG, PA Social Security A 203-10-1806 Date of Birth: 08-02-20 SU10-213360 09624-1,04 o? [C4 W ? N c ? u.i •_ N l r'. CL i i Y- i. ?.1 LL1 f= U ?cj rn U DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED, Plaintiff Vs. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE, Defendants AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 994858 CIVIL : CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL ORDER 2 day of February, 2000, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, .3-/-00 V5 Kevin essH J. - Q / ?FILPrCCECF OTAFY nU MAR -I PM 2:S1 COUNTy POST & SCHELL, P.C. BY: ANDREW H. BRIGGS, ESQUIRE I.D. #53072 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiff, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. AND NOW, this day of 2000, upon consideration of Defendants Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute's Motion to Compel; IT IS HEREBY ORDERED that Defendants' Motion is GRANTED. Plaintiff is to provide full and complete responses to Defendants' Interrogatories, Witness/Expert Witness Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order or suffer the possibility of sanctions upon further motion by Defendants. BY THE COURT: ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED 1 J. POST & SCHELL, P.C. BY: ANDREW H. BRIGGS, ESQUIRE I.D. #53072 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. and CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiff, V. EDUARDO JORGE, M.D., and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW DEFENDANTS' MOTION TO OMPFI DIRECTED TOPLAINTIFF AND NOW comes Defendants Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute, by and through their attorneys, Post & Schell, P.C., aver as follows: Plaintiff filed a Writ of Summons in this wrongful death action on or about August 11, 1999. 2. On or about September 29, 1999, Defendants served Plaintiff with Witness/Expert Witness Interrogatories and a Request for Production of Documents, which sought, inter alia, expert information pursuant to Pa. R.C.P. 4003.5. A true and correct copy of Defendants' Witness/Expert Witness Interrogatories and Request for Production of Documents are attached hereto as Exhibit ..A„ 3. On or about October 4, 1999, Defendants served Plaintiff with Interrogatories relative to this action. A true and correct copy of Defendants' Interrogatories are attached hereto as Exhibit ,.B„ 4. A prompt letter was sent by Defendants on December 9, 1999, requesting to know the status of Plaintiffs responses. A true and correct copy of Defendants' December 9, 1999 correspondence is attached hereto as Exhibit "C". 5. At no time has Plaintiff requested an extension in which to provide responses to the outstanding discovery. 6. Pursuant to Pa. R.C.P. 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, within thirty (30) days after the service of the interrogatories in question. 7. More than thirty (30) days have elapsed since Plaintiffs were served with Defendants' Interrogatories, Witness/Expert Witness Interrogatories and Request for Production of Documents. 8. To date, Plaintiff has failed to file responses to Defendants' discovery requests. 9. Defendants are prejudiced by Plaintiffs lack of response to the requested discovery information as they have been precluded from ascertaining the nature of Plaintiff s claims or gaining the necessary investigative materials to further the course of the instant litigation. 10. Since Plaintiffs have failed to respond in accordance with the civil procedure rules, it is respectfully requested that this Court issue an order directing Plaintiff to provide full and complete responses to the discovery requests, or be precluded from introducing testimony, including expert witness testimony, at trial regarding same. -2- WHEREFORE, it is respectfully requested that this Court issue an order directing Plaintiff to file answers to the outstanding discovery requests, or be precluded from offering testimony including expert witness testimony regarding the same. Respectfully submitted, POST & SCHELL, P.C. By:6 A rew H. Briggs, Esq e 240 Grandview Avenue Camp Hill, PA 17011 717-731-1970 I.D. No. 53072 Attorneys for Defendants Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute -3- 1 . 1600 JOHN F. KENNEDY BLVD. ADAMS PLACE - SURE 3 PNILADELPHUI. PA 191037480 701 WHITE HORSE ROAD (2151 587.1000 VOORHEES, NJ 08043 FAX: 121 51 5871444 18091 6278000 FAX: 16001 627 445 1 Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 POST & SCHELL, P.C. ATTORNEY?AT LAW ,. 240 GRANDVIEW AVENUE CAMP HILL, PA 1 701 1 (717) 73 1 - 1 970 FAC51MILE: 171 71 73 1-1985 1245 S. CEDAR CREST BOULEVARD 237 N. PRINCE STREET THE BERKSHIRE • SUDS 205 SURE 300 I. NCASTER, PA 17603 501 WASHINGTON STREET ALLENTOWN,PA IB 103 171712914532 READING, PA 10603 16101 4330193 FAX; 171 71 201 1609 16101375.2258 FAX: 16 1 0) 4 3 33072 FAX: 16 101 3 7 52 263 EVAN BLACK 717) 61 2-001 3 September 29, 1999^®P4. x 4u.44. RLE NO. O 1 12/85444 RE: D'Angelo (deceased) v. Jorge, M.D., et al. Cumberland County No. 1999-4858 Dear Mr. Wix: Enclosed please find Witness/Expert Witness Interrogatories and a Request for Production of Documents addressed to your client in the above-captioned case. I look forward to receiving your timely responses. Very truly yours, EVAN BLACK EB/pjm Enclosures L ? ?1? PY A: A POST & SCHELL, P.C. BY: EVAN BLACK I.D. P 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED WITNESS/EXPERT WITNESS INTERROGATORIES ADDRESSED TO PLAINTIFF PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRU TIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (1) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or if it bears no date, (fie date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (e.g. telephone, personal conversation, etc.); (2) Where it took place; -2- (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; and (S) The substance of who said what to whom and the order in which it was said; (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: and (1) The name, present address and present employer and position of the person; (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitor, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. The term "you" shall also be deemed to refer to Plaintiff(s). (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. -3- 1. Please provide the names, residence addresses, business addresses, and telephone numbers of all witnesses Plaintiffs intend to call to testify at the time of trial of this case. -4- 2. State the facts and substance to which each witness is going to testify, identifying the testimony of each witness by name. -5- 3. State the name, business address, and area of specialization of each person whom you expect to call as an expert witness at the time of trial in the above-captioned case. A 4. Set forth the qualifications of each expert. In doing so, list the schools each has attended, including years in attendance and degrees received, experience in particular fields, including names and addresses of employers with inclusive years of employment, and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (You may attach a copy of each expert's curriculum vitae and list of publications in lieu of answering this Interrogatory.) ANSWER- 5. Set forth the substance of the facts and opinions to which each expert is expected to testify and a summary of the grounds for each opinion, including any literature upon which the expert witness has relied in formulating his opinion. To the extent that the opinion to be offered by the expert at trial will rely upon literature not initially identified, you are required by Pa. R.C.P. 4007.4 to supplement your response. ANSWER, -8- 6. Set forth in detail the factual information and materials supplied to each such expert. POST & SCHELL, P.C. AN BLACK, ESQUIRE Attorney for Defendants -9- CERTIFICATE OF SERVICE I, Pamela J. McClellan, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 PAMELA J. MCCL aAN DATE: C,,- : '::, _Qjet POST & SCHELL, P.C. BY: EVAN BLACK I.D. tt 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendants request that Plaintiffs produce the documents hereinafter described and permit Defendants, through their attorneys, to inspect them and copy such of them as they may desire. Defendants request that the documents be made available for this inspection at the offices of Defendants' atlomeys located at 240 Grandview Avenue, Suite 100, Camp Hill, Pennsylvania, within thirty (30) days of the date of service hereof. Defendants' attorneys will be responsible for these documents so long as they are in their possession. The documents will be properly relumcd after copying has been completed. This request is intended to cover all documents in the possession, custody, and control of the Plaintiffs, their agents, employees, insurance carriers, and attorneys and is considered to be continuing and, therefore, should be modified or supplemented as you receive further or additional information up to the time of trial. The documents covered by this request are as follows: -2- All photographs concerning the incident in the above-referenced matter. -3- 2. All investigations, reports, test results, drawings, summaries, or records of the incident involving the above-referenced case and the events surrounding it. -4- All statements of witnesses. -5- 4. All statements of any person who wall be called as a witness at trial. -G- 5. All statements of any party, their agents, or employees concerning the incident and events surrounding it. -7- 6. All written or recorded evidence of the conduct and/or conversation between Plaintiffs and any Defendant which is relevant to this lawsuit. -8- A current curriculum vitae for each expert. -9- 8. All documents prepared by each expert identified, together with all correspondence between expert and Plaintiffs or their agents, attorneys, or anyone acting on Plaintiffs' behalf. All documents or other demonstrative evidence which will be introduced or used at trial. 10. All of minor Plaintiffs medical reports, hospital reports, physician's reports, and bills concerning the incident. -12- 11. All documents recording benefits paid due to the incident in the above-referenced matter. -I3- 12. All documents alleging and verifying lost wages in the possession of Plaintiffs, their agents, employees, attorneys, and insurance carriers due to the incident in the above-referenced matter, including Federal and State income tax returns for the past five (5) years. -14- 13. Any and all medical records and medical billings of Plaintiff, together with copies of radiology studies and any and all other tests, laboratory studies, and examinations pertinent to Plaintiff. Respectfully submitted, POST & SCHELL, P.C. EVAN BLACK, ESQUIRE Attorney for Defendants -15- CERTIFICATE OF SERVICE I, Pamela J. McClellan, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 PAMELA J. MCCLq, LAN DATE: cA - ?`, cool POST & SCHELL, P.C. ATTORNEYS AT LAW 240 GRANOVIEW AVENUE CAMP HILL, PA 1 701 1 (7171731-1970 FAcsIMILE: (7171 731-1985 11500 JOHN F. KENNEDY BLVD. ADAMS PUCE • SURE 3 1245 S. CEDAR CREST BOVUE ARO 237 N. PRINCE 57REEf THE BERXSHIRE - SURE 205 RHILAOELPHIA. PA 191037460 701 WHITE HORSE ROAD SURE 300 LANCASTER. PA 1 7603 501 WASHINGTON STREET 12151 557.1000 VOORHEES. W 06043 AU.EM . PA 15103 17171 291 4532 READING. PA 19603 FAX: 1215161571444 150916278900 15101433-0193 FAX'. 17171291.1609 161013752258 FAX: 16091 52 7445 1 FAX: (610)433-3972 FAX:16101375.2263 Vlcm A. BOUNDER (717) 0 1 2-003 2 October 4, 1999 Vea OL®P°""° `° FILE NO. 1 12/85444 Richard H. Wix, Esquire WDC, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 RE: Estate of D'Angelo v. Jorge, M.D., et al. Cumberland County No. 19994858 Dear Mr. Wix: Enclosed please find Defendants Jorge and Capital Area Cardiovascular Surgical Institute's Interrogatories directed to Plaintiff. We look forward to receiving your client's timely responses. Please do not hesitate to contact our office should you have any questions regarding this matter. Very truly yours, Vicki A. Bolinger Paralegal VAB/ Enclosure PILE POST & SCHELL, P.C. BY: ANDREW BRIGGS, ESQUIRE I.D. # 53072 240 GRANDVIEW AVENUE ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS DIRECTED TO THE. PL.ATNTIFF PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUC11ONS (A) Whenever the tern "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (1) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (e.g. telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. -2- (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (1) The name, present address and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitor, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. The tens "you" shall also be deemed to refer to Plaintiff(s). (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. -3- I. State: (a) Your full name; (b) Any other names you have used or been known by: (c) Your date and place of birth; (d) Your marital status at the time of the incident; (e) Your present marital status; (0 Your present home address; (g) Your social security number; and (h) The schools that you have attended and the degrees or certificates awarded, if any. -4- 2. Specifically with regard to the Decedent please state: (a) Her full name; (b) Any other names the Decedent used or by which she was ever known; (c) The Decedent's date and place of birth; (d) The Decedent's marital status at the time of the incident; (e) The dates and places of all other marriages, if any; (f) The last known address of the Decedent prior to her death; (g) The Decedent's social security number; (h) The Decedent's Blue Cross/Blue Shield number, Veteran's claim number and the name of any health and accident insurance company covering any injuries related to this lawsuit; and if any. (i) The schools that the Decedent attended and the degrees or certificates awarded, -5- 3. Please provide the names and the dates of birth of any children of Decedent. -6- 4. State the name and address of Decedent's family physician at the time of the treatment, surgery, or examination upon which this action is based. 7- 5. (a) State in detail the injuries or diseases that you allege that Decedent suffered as a result of treatment, surgery, or examination upon which this action is based. (b) Please describe in as much detail as possible any and all changes in the Decedent's personality, attitudes, manner, state of mind, and emotional state as a result of the alleged occurrence. (c) Please describe in as much detail as possible any and all changes in the Decedent's appearance, facial expression, speaking ability, hearing ability, other sensory abilities (smell, taste, sexual desire or capacity) or mobility as a result of the alleged occurrence. -8- G. (a) Was the Decedent confined to bed or was she confined to her place of residence as a result of injuries claimed? (b) If so, state the inclusive dates of any such confinement. -9- 7. (a) Were any medicines or medical supplies used by the Decedent as a result of the incident upon which this suit is based? (b) If so, for each type of medication and medical supplies, state: (i) The name or description; (ii) The name and addresses of the doctor or practitioner prescribing each medication and/or supply; (iii) Each date and place of acquisition; and (iv) M itemization of the charges for same and the amount of each such charge that has been paid. -10- 8. Please itemize the damages you claim on behalf of Decedent for: (a) Lost earnings; (b) Future loss of eaming capacity; (c) Other future losses (and specify the nature of such losses); (d) Medical and hospital expenses; and (e) Property damage. 9. For each item of future damage set forth in the preceding Interrogatory, set forth the computation or describe in detail the manner in which the computation was made including the source of each figure used in making each computation. -12- 10. If you sustained any financial loss as a result of the incidents upon which this action is based other than those covered by the preceding Interrogatories, state: (a) The nature, dates, and amounts of such losses; (b) If a claim is made for nursing and/or long-term care, state the name and address of each such person employed, the period of employment and the amounts of the charges for the same and the amounts actually paid; (c) Have you or anyone acting on your behalf retained bills, canceled checks, or copies thereof reflecting such charges; and (d) If so, please consider this a Request to Produce each such bill or canceled check with your answers to these Interrogatories. 13- 11. If Decedent received medical treatment, tests, or examinations (including x-rays) because of injuries or diseases she suffered as a result of the treatment, surgery, or examination referred to in the Complaint, state: (a) The name and address of each hospital at which she was treated or examined; (b) The dates on which each such treatment or examination at a hospital was rendered and the charges by the hospital for each; (c) The name and address of each doctor or practitioner by whom the Decedent was treated or examined; (d) The dates on which each such treatment or examination by a doctor or practitioner was rendered and the charges for each; (e) The identity of all reports regarding any medical treatment or examination, setting forth the author and date of such reports; and (f) Please consider this as a Request to Produce copies of all reports referred to in the above answers. -14- 12. (a) Either prior to or subsequent to the treatment, surgery, or examination referred to in the Complaint, had Decedent ever suffered any injuries, illness, or diseases in those portions of the body claimed by you to have been affected by the treatment, surgery, or examination referred to in the Complaint? (b) If the answer to 12(a) is in the affirmative, then please state: (i) A description of the injuries or diseases Decedent suffered; (ii) The date and place of any accident, if such an injury or disease was caused by an accident; and (iii) The names and addresses of all hospitals, doctors, or practitioners who rendered treatment or examination because of any such injuries or diseases. -15- 13. For the period of five years immediately preceding Decedent's death, please stale: (a) The name a Decedent's employers or, if she was during that period, each of her business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of Decedent's periods of employment or self-employment; (c) A detailed description of the nature of the Decedent's occupation and the services performed by her in each employment or self-employment; weekly (d) The average average number of ours wo ked by her per week n each emplo employment or self-employment; and the amount of income from employment or self-employment reported on Decedent's federal income tax return for each year; and (e) The dates of all absences from Decedent's occupation, other than vacations, holidays, personal days or ordinary days off, and the reasons for each absence and the amount of any earnings lost by her because of such absences. -16- 14. (a) Were federal or state income tax returns filed by or on behalf of the Decedent in any of the five years immediately preceding her death? (b) If the answer to 14(a) is in the affirmative, then please consider this a Request to Produce copies of each federal and state income tax return filed by or on behalf of Decedent. 17- 15. State whether Decedent, subsequent to the date of the treatment, surgery, or examination, was unable to perform adequately any of her customary occupational duties or social or other activities, stating with particularity: (a) The duties and/or activities she was unable to perform; (b) The periods of time she was unable to perform them; and (c) The names and last known addresses of all persons who have personal knowledge thereof. -18- 16. State the name, last known address, and telephone number of each person who, excepting those persons who acquired such knowledge during the course of this litigation: (a) Was a witness to Decedent's treatment, surgery, or examination through sight or hearing; (b) Has knowledge of facts concerning the happening of the treatment, surgery, or examination or conditions or circumstances at the time of the treatment, surgery, or examination prior to, after, or at the time of the accident; (c) State precisely what each witness purportedly saw or heard, and state that person's exact location and activity which the named witness observed at the time of the treatment, surgery, or examination; and (d) State if any of the named witnesses are relatives, acquaintances, agents, employers, employees, or representatives of any part to this action, and state the nature of such association as to each such person. -19- 17. Have you or anyone acting on your behalf obtained from any person any statement concerning this action or its subject matter? If so, state: (a) The name and last known address of each such person; (b) When, where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; (c) The name and address of any person who has custody of any such statements that were reduced to writing or otherwise recorded; and (d) Please consider this a Request to Produce those statements referred to in the answer given above. -20- 18. Have you given any statement concerning this action or its subject matter? If so, state: (a) The name and fast known address of each person to whom a statement was given; (b) When and where each statement was given; and (c) Please consider this a Request to Produce the statements referred to in the answer given above. -21- 19. Do you know of the existence of any photographs, diagrams, or models of the surrounding area or the areas of the treatment, surgery, or examination or any other matters or things involved in Decedent's treatment, surgery, or examination? If so, state: (a) The date(s) when such photographs, diagrams, or models were made; (b) The name and address of the party making them; (c) Where they were made; (d) The object(s) or subject(s) each photograph, diagram, or model represents; and (e) Please consider this a Request to Produce the photographs, diagrams, and/or models referred to above. -22- 20. Have you or anyone acting on behalf of Decedent obtained from any person any written or electronically recorded memorializations of conduct or conversations between you or Decedent and Defendant which are relevant to this action or its subject matter? If so, state: (a) The name and last known address of each party to such conduct or conversation; (b) When and where each such conduct or conversation took place, and whether it was reduced to writing; (c) The name and address of the person or persons who have custody of any such memorializations of conduct or conversations that were reduced to writing or otherwise recorded; (d) Please consider this a Request to Produce those statements referred to in the above answer; (e) State whether you or anyone else known to you or acting on behalf of Decedent has any knowledge as to the existence of any electronically recorded communication, between any party to this action or his agent and any other person or witness to any of the conversations or events, relating in any way to the Plaintiffs claims against the Defendant; (f) If so, please state the name and address of the party or person who participated in the taking of each such electronically recorded communication, the dates each such recording was taken, and any written consent that was obtained from all persons who participated in the electronic recording; (g) The identity of the person who is currently in possession of such electronic recording; and (h) The name, address and employer of the person at whose equest the electronic recording was made. -23- 21. If you claim or contend that the Defendant, or anyone on behalf of the Defendant, made any statement or admission to Decedent, whether in your presence or not, at any time concerning the alleged occurrence or the cause of any injury to you as set forth in the Complaint, please state, for each such statement or admission; (a) The name, address, and physical description of each person who made the statement or admission; and (b) The identity, including name, address, and physical description of each person, including yourself, who was present when the statement or admission was made; (c) The date, time, and place, and the circumstances preceding and giving rise to the statement or admission; and (d) The substance and content of the statement or admission, including who said what to whom, and the response thereto, also stating who said what to whom. -24- 22. State the specific facts known to you or anyone acting on behalf of Decedent upon which you base each claim of negligence or malpractice alleged in this action. Please stale and identify: (a) Each and every such fact; (b) Each and every person with any knowledge of each such fact; and (c) Each and every document or other piece of tangible evidence which you contend relates or pertains thereto, and the custodian thereof. -25- 23. (a) Were the injuries sustained by Decedent, that you allege in this action, caused in part by sickness, disease, abnormality or injury other than the injuries you claim resulted from the treatment, surgery, or examination upon which this action is based? (b) If so, state specifically the nature of each such sickness, disease, abnormality or injury and how each affected Decedent. (c) Are there any medical, x-ray, hospital or other reports which indicate the nature of each such sickness, disease, or abnormality or injury and how each affected Decedent? (d) If so, where and when was each report made and what is the name and present or last known address of the person who made each such report and each such person who has custody or possession of each such report or any copy thereof? (e) Have you been furnished any such information in any way other than by the documents referred to in this Interrogatory? If so, how, when and where and by whom? -26- 24. Was Decedent involved in any accident(s) of any kind prior to the treatment, surgery, or examination upon which this action is based? If so, state: (a) The date of accident and injuries sustained; (b) The caption, forum and court term and number of any suit instituted for recovery of damages; and name of counsel for each party; (c) Name and address of any insurance carver and party against whom claim was made for damages and/or compensation and identify the file number involved; (d) The caption, forum and court term and number of any suit instituted for the recovery of no-fault benefits; and the name of counsel for each party; (e) Name and address of any insurance carrier against whom any claim was made for no-fault benefits and identify the file number involved; (0 Name and address of any insurance carrier against whom any claim was made for uninsured motorist or underinsured motorist benefits and identify the file number involved; (g) The disposition of each of the claims made, as indicated in the answers above; (h) Describe all injuries sustained by Decedent in any such accident(s); (i) If Decedent received medical treatment, tests, or examinations (including x-rays) because of such claimed injuries, state: (i) The name and address of each physician, practitioner, hospital and/or other medical institution at which she was treated or examined; (ii) The dates on which such treatment, tests, or examinations were rendered and the charges for each; and (iii) Please consider this as a Request to Produce copies of all reports and/or bills submitted by the physician, practitioner, hospital and/or medical institution as set forth above. -27- 25. Do you claim that an individual Defendant caused Decedent's injuries because either, he was not qualified to undertake the type of treatment, surgery, or examination he gave, or he failed to diagnose correctly, or he did not obtain proper consent or authorization, or he did not maintain proper standards of hygiene or sterilization, or he failed to give the correct treatment, or he failed to observe preoperative, operative, or postoperative procedures (specifying which), or he was otherwise negligent? -28- 26. If, in the previous five years before Decedent's death, she made any application for any insurance or employment requiring a physical examination, please state the name and address of the medical practitioner who examined her, giving the date of the examination and the name and address of each such insurance company or employer. -29- 27. If Decedent took or ingested any drug, narcotic, sedative, tranquilizer, or any other form of medication or medical preparation in the six-month period preceding her death, please state: (a) The name, whether brand name or generic, and the identity of each such medication or medical preparation; (b) The date, time, and daily dosage or each such taking of ingestion; (c) The reason the Decedent was taking each such drug; (d) Whether each such medication or medical preparation was procured under a prescription; and if so, (i) The name and address of the person, doctor, or practitioner by whom it was prescribed; (ii) The name and address of the person or organization who filled the prescription; and (e) The detail of all instructions given to Decedent by the prescribing physician concerning all drugs she was taking within the six-month period of time before her death. -30- 28. If you claim or contend that the Defendant acted contrary to or failed to comply with any published or printed written authority, treatise, publication, standard, rule, regulation, recommendation, opinion, instruction or warning in his treatment of Decedent, please identify and describe by name, title, section number, page number, edition, publisher and date, of each such written authority. -31- 29. Igo you intend to use any book, magazine, or other writing at the trial of this case? If so, describe the writing in detail as to author, publisher, copyright date, and give the name and address of any known present custodian of said writing. -32- 30. If you claim that the negligence of any person other than the Defendant contributed to cause the alleged occurrence, please state as to each such person his or her name and the manner in which he or she contributed to cause the alleged occurrence. -33- 31. If you claim that any drug, medical instrument, or medical device caused or contributed to cause the alleged occurrence, please describe it in complete detail, setting forth the manufacturer and the way in which you contend it caused or contributed to cause the alleged occurrence. -34- 32. If any insurance company or other person has any interest in the action brought by you by way of subrogation or otherwise, state the name and address of said company or organization, the nature and extent of the interest which such company or organization claims, and the policy or claim number applicable to the claim. -35- 33. Have any funds been expended by Medicare on behalf of Decedent in connection with any of the treatment or injuries alleged in the Complaint? If so, state: (a) When the funds were expended, the amounts expended by Medicare, and whether a lien for any of these amounts has been asserted. -36- 34. (a) Have you, on behalf of Decedent, ever made a claim or filed a lawsuit for any other matter, including other lawsuits in connection with the incident upon which this lawsuit is based, both before or after this lawsuit? (b) If so, state the date of each incident and the injuries sustained; (i) The name of any person(s) or firm(s) against whom a claim was made, and the insurance carrier involved; (ii) The court term and docket number of any suits instituted; (c) State the name of the attorney representing the Plaintiff; and (d) If such suit has been settled, state the disposition of same. -37- 35. Did Decedent ever file a workers' compensation claim? If so, state: (a) The nature of the injuries for which compensation was sought; (b) The circumstances surrounding the injuries or which gave rise to same; (c) The name and address of Decedent's employer or employers against whom the claim or claims were made; (d) The result of said claims by way of trial or settlement, including the amount of each recovery or settlement, if any; (e) The period during which Decedent was disabled; and (f) Give the name and address of the insurance carrier involved in said claim. -38- 36. Did Decedent ever file an application or claim for social security disability prior to her death? If so, state: (a) The result of said claim; (b) Claim number; (c) If Decedent received social security disability, please state the time period that disability was paid; (d) If disability was received, please state the amount of disability paid; and (e) When were the disability benefits either ceased, reduced, or otherwise modified? -39- 37. To the extent not set forth in your answers to the preceding Interrogatories, state whether Decedent was treated or examined by any doctor, nurse, or therapist or was treated or examined in or confined to, as outpatient or as inpatient, any hospital, clinic, or nursing home within the ten years prior to the incident upon which this action is based, and state: (a) The names and addresses of each such doctor, nurse, therapist, hospital, clinic, or nursing home; (b) The nature of the treatment rendered or the examination performed by each such doctor, nurse, therapist, or in each such hospital, clinic, or nursing home; and (c) Each date upon which each such treatment was rendered. Respectfully submitted, POST & SCHELL, P.C. By: Andrew H. Briggs, Esquire 240 Grandview Avenue Camp Hill, PA 17011 (717) 731-1970 I.D. No. 53072 Attorney for Defendants Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute -40- 1. - CERTIFICATE OF SERVICE I, Vicki A. Bolinger, an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 DATE: lev-'1/J/ ) (Y i? 83o Vicki A. Bolinger F I POST & SCHELL, P.C. ATTORNEYS AT LAW, 240 GRANDVIEW AVENUE CAMP HILL, PA 1 701 1 (717) 731-1970 FACSIMILE: (717) 731.1985 I BOO JOHN F. KENNEDY BLVD. ADAMS PLACE • SUITE 3 1 245 S. CEDAR CREST BOULEVARD 237 N. PRINCE STREET PHILADELPHIA, PA I o 103.7450 701 "n HORSE ROAD SURE 300 LANCASTER. PA 17003 12101 087-1000 VOORHEES. NJ 08043 ALLEN N. PA I B 103 1717) 2014532 FAX: (2 15) 687.1444 10001627.8000 (01014330103 FAX 1717)201.1609 FAX: 1009) 627-4451 FAX. 1610) 433 Z1972 December 9, 1999 Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 RE: Estate of D'Angelo v. Jorge, M.D., et al. Cumberland County No. 19994858 Dear Mr. Wix: THE BERKSHIRE - SUITE 205 501 WASHINOTON STREET READING. PA 10603 10101 376.2258 FAX: 16101 375.2263 VIem A. BOUNCER (717) 612-15032 VBOYM]A11?PO.YICMELL.C4w FILE NO. 1 1 2/65444 Previously we served upon you Defendant Jorge and Capital Area Cardiovascular Surgical Institute's Interrogatories, Witness/Expert Witness Interrogatories and a companion Request for Production of Documents. To date, we have not received your client's responses to our discovery requests. Would you kindly advise as to when we might expect your client's answers to these outstanding matters. Very truly yours, Vicki A. Bolinger Paralegal VAB/ Enclosures I, Vicki A. Bolinger, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first- class, postage prepaid: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 Date: t/tJ.LO& Q. a Vicki A. Bolinger r, ) 'U i • f J ?J ROSE MARIE NEIDIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT SHAWN A. HOUSE, Defendant No. 99-4913 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of February, 2000, upon consideration of the complaint for indirect criminal contempt in the above-captioned matter, and following a nonjury trial, the Court finds the Defendant not guilty of indirect criminal contempt. Mary-Jo Mullen, Esquire Assistant District Attorney Ellen K. Barry, Esquire ? Assistant Public Defender Probation Sheriff CCP wcy By the Court, ROSE MARIE NEIDIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW INDIRECT CRIMINAL CONTEMPT SHAWN A. HOUSE, Defendant No. 99-4913 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of February, 2000, pursuant to an agreement reached between the parties in this matter, the Order of Court dated December 20, 1999, permitting the Defendant to have contact with the Plaintiff by mail is vacated to the extent that it permitted such contact, and the Order of Court dated August 31, 1999, shall remain in full force and effect. The parties have been notified in open court that no contact by the Defendant with the Plaintiff whatsoever is permitted, direct or indirect, under the order. By the Court, Mary-Jo Mullen, Esquire Assistant District Attorney Ellen K. Barry, Esquire Assistant Public Defender Probation Sheriff CCP wcy CHARLES A. KAGENDA, Petitioner V. BUREAU OF DRIVER LICENSING, COMM. OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5128 CIVIL TERM CIVIL ACTION ORDER AND NOW, this ? day of j Gt-u-al , 2000, upon consideration of Petitioner's request for a continuance and opposing counsel's consent thereto, it is hereby ORDERED and DECREED that the hearing in this matter is rescheduled for May 17, 2000, at 9:30 A.M. in Court Room No. 3 of the Cumberland County Courthouse. BY THE COURT: / Judge 3?r - a? nl ahw 4 1017 N-X?j? Y EE M I i ?' u CO O - c7c.i -- 7 d C)=, FA u- p (? O U POST & SCHELL, P.C. BY: ANDREW H. BRIGGS, ESQUIRE I.D. # 53072 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiff, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Plaintiff Deborah Mahone, Executrix of the Estate of Vivian M. D'Angelo, Deceased, has failed to file a Complaint and it is hereby requested that you kindly enter a judgment of non pros against Plaintiff and in favor of Defendants Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute, pursuant to the provisions of Pa. R.C.P. No. 1037(a). Defendants contend that: • 1. Plaintiff, by and through her attorney, Richard H. Wix, Esquire, filed a Praecipe for a Writ of Summons on or about August 11, 1999. A true and correct copy of which is attached hereto as Exhibit "A." 2. An Entry of Appearance and Praecipe for Rule to File Complaint was filed by Defendants on September 23, 1999, and a Rule to File Complaint was issued on September 23, 1999. A true and correct copy is attached as Exhibit "B." 3. By letter dated October 11, 1999, the Rule to File Complaint was served upon Plaintiff's counsel. A true and correct copy is attached hereto as Exhibit "C." 4. More than thirty days have elapsed since service of the Rule to File Complaint and no complaint has been filed against Moving Defendants. 5. We hereby certify a ten-day notice dated February 14, 2000 was mailed to Plaintiff's counsel. A true and correct copy of the Notice and transmittal letter dated February 14, 2000 is attached as Exhibit "D." 6. More than ten days have elapsed since service of the ten-day notice and no complaint has been filed against Defendants. WHEREFORE, Defendants respectfully requests this Honorable Court to issue a Judgement of Non Pros against Plaintiffs and in favor of Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute, the aforesaid named Defendants. Respectfully submitted, POST & SCHELL, P.C. _ By:_ A?4,rA DREW H. BRIG ' , QUIRE 40 Grandview Avenue Camp Hill, PA 17011 (717) 731-1970 I.D. No. 17884 Attorney for Defendant Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute -3- Exhibit A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 19 9191- yPs?p O'u' t Civil Action - (K) Law ( ) Equity DEBORAH MAHONY, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED 532 Bridge Street New Cumberland, PA 17011 Plaintiff(s) d Address(es) EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE 423 North 21st Street Camp Hill, PA 17011 versus PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Defendant(s) S Address(es) Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff Richard H. Wix, Esquire Wix, Wenger & Weidner 9705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Names/Address/ Telephon No. of Attorney Signature of Attorney Supreme Court ID No. 07274 Date: August 11, 1999 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST Y011- Date:.. li 11, 1995 i r thonotary `by_2r Deputy ( ) Check here if reverse is issued for additional information PROTHON. - 55 Exhibit B POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 A W r Z N CIVIL ACTION - LAW r-aT !n N JURY TRIAL DEMANDq7_ % -n ;- ? ? L N Kindly enter my appearance on behalf of the Defendants, Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute, in connection with the above-captioned case. Respectfully submitted, POST & SCHELL, P.C. EV BLA ESQUIRE' Attorney for Defendants I, Kelley Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 N1tmi QnnmCDe/1 KELLEY S AN LERO DATE: q' 31 '1999 POST & SCHIELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants TO THE PROTHONOTARY: ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMM0 4 c, PLEAS € , ") -., CUMBERLAND CO `i' U`1Tcl' cn n n v PENNSYLVANIA :C; N !_?, w u NO. 1999-4858 r E o _ T Fc.> CIVIL ACTION - LAW ?c ru c Zm 9i c» ? JURY TRIAL DEMANDED Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, P.C. l AN BLACK, ESQUIRE Attorney for Defendants POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIE W AVENUE CAMP HILL, PA 17011 (717)731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE. TO EILE A COMPI AIN'T AND NOW, thisc day o , 1999, a Rule is hereby granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. TRUE COPY FROM RC.(,, In Tw.!;re?f Y"hw cf I Iva unto s'mt my pjaq ?hlk\tdCli »A .`id ! : bat Cyrlls's. Pa. 0-11A rot onotary 1, Kelley Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 /?.?Eu? IJ nmA`Q KELLEY S AN LER DATE: C1 - -4 1 , 1999 Exhibit C POST & SCHELL, P.C. ATTORNEYS AT LAW 240 GRANDVIEW AVENUE CAMP HILL, PA 1 701 1 (717) 7311970 FACSIMILE: (717) 731.1985 I BOO JOHN F. KENNEDY BLVD. ADAMS PLACE SURE 3 1 245 5. CEDAR CREST BOULEVARD 237 N PRINCE STREET PHILADELPHIA, PA 10103.7480 701 WHITE HORSE ROAD SURE 300 LANCASTER, PA 1 7503 12 1 51 5871000 VOORHEES, NJ 08043 ALLENTOWN, PA 18 103 (717) 2014532 FAX: 12 151 587.1444 1509) 6270900 1010) 4330103 FAX: 17 1 71 291 1009 FAX: 15091 027-445 1 FAX: (61014333972 October 11, 1999 Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 RE: Estate of D'Angelo v. Jorge, M.D. Cumberland County No. 1999-4858 Dear Dick: THE BERKSHIRE - SUITE 205 501 WASHINGTON STREET READING. PA 19603 16101 375.2256 I". 161 OI 375.2283 VICKI A. BOLINOER f717) 612-G032 YBW...@PmTSC„[u..oN FILE NO. 1 1 2/6 5444 Enclosed please find Defendants' Rule to File a Complaint in the above-captioned action. We look forward to receiving your client's Complaint. I hope everything is going well for you and your family. Very truly yours, Vicki A. Bolinger Paralegal VAB/ Enclosure POST & SCIIELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiffs, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE, TO FH F A (`011"PI AINT AND NOW, thisc? day o ?, , 1999, a Rule is hereby granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. TRur c:Ony?? ?;? In Twmrt, i grto, } I I rot onotary t? ?ftt'I Uitn ft;t ! Y a0(, ? >?id f:,}?at C?yrllst's. Pa. Exhibit D POST & SCHELL, P.C. ATTORNEYS AT LAW 240 GRANOVIEW AVENUE CAMP HILL, PA 1 701 1 (717) 73 1 - 1970 FACSIMILE: (7171731-1985 I BOO JOHN F. KENNEDY BLVD. ADAMS PUCE SURE 3 1 245 S. CEDAR CREST BOULEVARO PMIL4DELPHU" PA 10103.7480 701 WHRE MORSE ROAD SURE 300 121513071000 VOORHEES. NJ 08043 ALLENR N, PA 18103 FW 12 15) 5671444 .609. 627 8000 15101 4330103 FAX 1000'a274451 FAX. 16 1 01 4 3300 7 2 February 14, 2000 237 N. PRINCE STREET THE BERKSHIRE - SURE 205 LANCASTER, PA 1 7603 501 WASHINGTON MEET 171 71 201 4532 READING, PA 10603 FAX. 4 71 201 1600 16101 3752256 FAX: 10 101 375.2263 VICKI A. BOLJN6ER t7171 812E032 wa.wT.@Pwnc.?u.coM FILE NO. 1 12/85444 Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 RE: Estate of D'Angelo v. Jorge, M.D., et al. Cumberland County No. 1999-4858 Dear Mr. Wix: Enclosed please find Defendants' Ten Day Notice for failure to file a Complaint in the above- captioned matter. Very truly yours, Vicki A. Bolinger Paralegal VAB/ Enclosure POST & SCHELL, P.C. BY: ANDREW H. BRIGGS, ESQUIRE I.D. # 53072 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiff, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. TO: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 DATE OF NOTICE: February 14, 2000 ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 CERTIFICATE OF SERVICE 1, Vicki A. Bolinger, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first- class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Vicki A. Bolinger Dated: February 14, 2000 -2- I, Vicki A. Bolinger, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 DATE: '316,10) Vicki A. Bolinger 61 [7l? O :=ci7 LL u_ O• p p V 0 QA/I , J-rl? POST & SCHELL, P.C. BY: ANDREW H. BRIGGS, ESQUIRE I.D. #I 53072 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DEBORAH MAHONE, EXECUTRIX OF THE ESTATE OF VIVIAN M. D'ANGELO, DECEASED Plaintiff, V. EDUARDO JORGE, M.D. and CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE Defendants. ATTORNEYS FOR DEFENDANTS EDUARDO JORGE, M.D. AND CAPITAL CARDIOVASCULAR SURGICAL INSTITUTE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-4858 CIVIL ACTION - LAW n JURY TRIAL DEMANDED 7' IMPORTANT NOTICE TO: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 0 0 .v O T L? •J c. u J ?. ?`. i-? Please be advised that a Judgment of Non Pros was entered against you in favor of Defendants Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute pursuant to Pa. R.C.P. 1037(a) for failure to comply with the Local Rules of Court. Date: 3-(o - Cumberland County Prothonotal0