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Home My WebLink About99-07242 ee I A 01- o- m ? I Paul f. Nichols, : IN THE COURT OF COMMON PLEAS Individually and as the exeuctor of the estate of : CUMBERLAND COUNTY, PENNSYLVANIA Deborah L. Nichols Plaintiffs CIVIL ACTION - LAW V. HENRY K. SMITH, M.D., and SMITH :NO. Q - 7.9 to (? ( T RADIOLOGY, INC., /S/s /rt,?/?c SF• Defendants : JURY TRIAL DEMANDED Ne C"t. be r / 7u 7u TO: Prothonotary Please issue a Writ of Summons on behalf of the Plaintiffs against the Defendants in the above-captioned action. HANDLER, HENNING & ROSENBERG By Carolyn M. Anner?Esquire Attorney I.D? 636 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 234-8031 Dale: Attorneys for Plaintiff ''yam. n ?. O ^h 1 J a ? 4 LO - C - C, 7f; • JJ ji IL L V Q, C J Commonwealth of Pennsylvania County of Cumberland Paul F. Nichols, Induviduall and as the Executor of-the Estate of Deborah L. Nichols Court of Common Pleas V& Nfo. _-- 99 _7242 -------- 19 Henry K. Smith, M. D. and In ____L2YJ ?_Aoti4P=S --------------------- Smith Radiology, Inc. 1515 Bridge Street New Cunberland, Pa. 17070 To Henry K__ Smith _M._ D,_atxl_Smith Radiology, Inc. You are hereby notified that ____ Deborah L__Nichols and Pahl F,_NAcLplq,-br---bDal2aMi ------------------------------- the Plaintiff have commenced an action in CiV-U- .,aLV_____________________________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) ------ Lurtis _ R,_ Long. ------- Prothonotary DateD9c9n1Qr-1------------------- 1992_ By ?- ------------------ Deputy i .? m ' t?OH AU ' O o i i .UC H FI I £ y a? w N 41 O > N i O I .i >1i Z U O yi C ii r W M C N o ul 1 a Z 'g S Y co ?p O7 I NI I N W x i •'I? £ H { x? 6] .0 N M p ,--I 7 U7 Fa W p' ? w S N i Ui H 9? OH n Zi i U T M QI S d ze_ ouo oz Q•V 0 37T v ?rz rvm? 3o App stLp aw azo3aq oa aq?sosgns pue uzomS T.za••^ A?ndart - Aq 666T/LO/ZT C ' J2I38N3SO2I '9 JNINN3H S n.HU '?I 'IQ ) t ? x 00'8 a6ze4oznS • iiTZauc 'auTrx sewour 00• ' a?nep?33 d a 1 ?.?,.. ? OT b5 00'8T s 3T-T buT3a?{ooQ ;s?soJ's,3za4S szamsue oS :"e e 3oaza4? s?ua?uoo atjq 0:1 uo??uaa';e zaH 6u??oaz?p aw?? awes au? anzpue SNOWWIIS 30 ZI2IM a4q 3o Adoo pa'Asaq'4e P (2I3JFW 3JI33O) ?INI3 FSSFId 0.4 bu?pue4 Aq 'e?uenTfsuuad 'xqunoo INK N QNK'T2I3HWRJ' OLOLT tid 'QN?i'I2i3SWRJ M3 I3gajZ 3JQI2IH STST Ie 666T uo 'S2IROH 9T ZT '4e 'quepua3ap zagwaoaQ 30 Ae•p 4-9 atT? Q W I , HSIWS uodn aua TM a4q 'sties 'met oa panzas sem SNOWWRS 30 SINM u?4?. usoms iCtnp Su?aq ocim 'e[ULATAsuuad 'A3unoD QNVII'dHEMD 6u?pzoooe )IJI2I2iK3 Z3tiHJIW "IdJ 30 33SZa4S -4ndaQ zo 33 ?za4S 'TK ,L3 Q W A AUN3H HZIWS •SA 'IFI I3 'I rivauu3Q S IOHJIN QNK'T2i3SWR0 30 x,LNROJ :VINKArIXSNN3d 30 HZ'IK3MNOWWOJ d ZbZLO-666T :ON 3SV0 i 2IK'Tf1J32i - N2IRS.3E S aardaHS i SHERIFF'S RETURN - REGULAR . CASE NO: 1999-07242 P COUNTYWOFLCUMBERLANDSYLVANIA: NICHOLS DEBORAH L ET AL VS. SMITH HENRY K M D ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according was served to law, says, the within WRIT OF SUMMONS the upon SMITH RADIOLOGY INC defendant, at 12:16 HOURS, on the 6th day of December 1999 at 1515 BRIDGE STREET CUMBERLAND NEW CUMBERLAND, PA 17070 County, Pennsylvania, by handing to PATSY FINK (OFFICE MANAGER) a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sherif f ' s Costs: So answers.: ,0 Docketing 6.00 Service 00 Affidavit omas ine, eri Surcharge 8.00 $$ 12%07/1999ENNING & RO//SJ?ENBERG by epu y ri sworn and subscribed to before me this day of kg A.D. ro a y I DEIIORAi'I L. NICIIOLS and PAUL P. NICIIOI.S. her husband. PlaintilT N'. IIENRY K. SMITI 1. D.C., and SMI'T'H RADIOLOGY. INC., Deflenclants IN '1'1-11: COURT OF COMNION PLEAS CUMBERLAND COUN'T'Y. PENNSYLVANIA NO. 99-7242 CIVIL JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFENDANTS T0: Curt Long, Prothonotary Please enter the appearance of the undersigned for Defendants in this action. MILLER and MILLERI By: G. Thomas Miller I. D. #07219 P.O. Box 709, 113 Locust St. Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendants DATE: February I, 2000 r CERTIFICATE OF SERVICE 1 hereby certify that it true and correct copy of the foregoing was served upon the following person(s) by United States first class mail, postage prepaid, on this date: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 G. ll-IyjM'XS MILLER Date: February 1, 2000 _ co F r_ C. nJ L.. _ `. l r, i DEBORAH L. NICHOLS and PAUL F. NICHOLS, her husband, Plaintiffs V. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL JURY TRIAL DEMANDED CERTIFICATE PRE-REQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, 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 this certificate; 3. Counsel has waived the 20-day notice period; and .rte 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MILLER and MILLER Thomas Miller, Esquire 1. D. No. 07219 113 Locust Street P. O. Box 709 Harrisburg, PA 17108 Attorneys for Defendants DATED: February 22, 2000 DEBORAH L. NICHOLS and PAUL F. NICHOLS, her husband, Plaintiffs V. HENRY K SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS Defendants intend to serve a subpoena identical to the one 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. MILLER and MILLER 0. Thomas Miller, Esquire I. D. #07219 113 Locust Street P. 0. Box 709 Harrisburg, PA 17108-0709 Attorneys for Defendants DATED: February 10, 2000 DEBORAH L. NICHOLS and PAUL F. NICHOLS, her husband, Plaintiffs V. HENRY K SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records/Radiology Department Dunham U.S. Army Health Clinic Building 450 Gibner Road Carlisle Barracks Carlisle, PA 17013 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 original radiology films in your possession concerning Deborah L Nichols Social Security #219-58-0362 Sponsor Social Security #234-94-9638. DOB - 03/07/54, at Miller and Miller, 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108-0709. You may deliver or mail the original films 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: G Thomas Miller. Esquire Attorney's Name I. D. #07219 Identification Number 113 Locust Street P.O. Box 709, Harrisburg PA 17108 Address !7171232-0750 Telephone Number Attorneys for Defendants BY THE COURT: By Prothonotary DATED: March_, 2000 Seal of the Court ,_. -? - ?: , ?•_ _? / f : v_ .. ? _. J .? DEBORAH L. NICHOLS and PAUL F. NICHOLS, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS ? CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL v. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO AMEND WRIT OF SUMMONS To the Prothonotary: Pursuant to Pa. R.C.P. 1033 and the attached written stipulation of the parties, please amend the caption of the case to read as follows: PAUL F. NICHOLS, individually and as the Executor of the Estate of DEBORAH L. NICHOLS Plaintiffs V. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants Date: d IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL JURY TRIAL DEMANDED Respectfully Submitted, HANDLER, HENNING & Attorney"I.D. No. 62636 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff " L 41 W :il(L U G (? DEBORAH L. NICHOLS and PAUL F. NICHOLS, her husband, Plaintiffs V. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL .JURY TRIAL DEMANDED STIPULATION TO AMEND NAME OF PARTY AND NOW this day ofl 2000, the parties, through their counsel, hereby stipulate and agree that all pleadings, papers, captions and docket entries in the matter be amended, and that this matter hereafter proceed, with the name of the Plaintiffs in the caption being corrected wherever it appears from DEBORAH L. NICHOLS and PAUL F. NICHOLS, her husband to PAUL F. NICHOLS, individually and as Executor of the Estate of DEBORAH L. NICHOLS. HANDLER, HENNING & ROSENBERG By , Esquire 1. D, t (Oiglestown Road arnsburg PA 17110 Attorney for Plaintiff (717) 238-2000 MILLER and MILLER B vl G. Thomas Miller, Esquire 1. D. No.: 07219 113.1-ocust Street Harrisburg PA 17101 Attorney for Defendant (717) 232-0750 LO _ CJ ?- ` o_ 'hf u ....... _--•- w• PAUL F. NICHOLS, Individually and as Executor of the Estate of DEBORAH L. NICHOLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL V. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants JURY TRIAL DEMANDED CERTIFICATE PRE-RE UISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: I . A Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3. No objection to the subpoena has been received; and { r+ j .i I Ik; (L 1i-:e: qw 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MILLER and MILLER By: l %Y? 0 llD G. Thomas Miller, Esquire I. D. No. 07219 113 Locust Street P. 0. Box 709 Harrisburg, PA 17108 Attorneys for Defendants DATED: February 9, 2001 PAUL F. NICHOLS, Individually and as Executor of the Estate of DEBORAH L. NICHOLS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL V. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS Defendants intend to serve a subpoena identical to the one 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. MILLER and MILLER DATED: January 19, 2001 Thomas Miller, Esquire I. D. #07219 113 Locust Street P. 0. Box 709 Harrisburg, PA 17108-0709 Attorneys for Defendants PAUL F. NICHOLS, Individually and as Executor of the Estate of DEBORAH L. NICHOLS. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-7242 CIVIL V. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC., Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Medical Records Carlisle Hospital 246 Parker Street Carlisle, PA 17013 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, reports, x-ray films correspondence charts data tests billing records, or any other matter or thing in your possession concerning Deborah L Nichols.. Social Securit #219-58-0362 DOB - 03/07/54, at Miller and Miller, 113 Locust Street, P.O. Box 709, Harrisburg, PA 17108-0709. You may deliver or mail legible copies of the documents or 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. w' 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: G Thomas Miller Esouire Attorney's Name I.D. #07219 Identification Number 113 Locust Street P.O. Box 709, Harrisburg PA 17108 Address (717) 232-0750 Telephone Number Attorney for Defendants BY THE COURT: By Prothonotary DATED: 2001 7 r-= Seal of the Court n V 1 t CERTIFICATE OF SERVICE I, G. Thomas Miller, Esquire, attorney for Defendants do hereby certify that service of the within Notice of Intent was made upon the following by depositing a true and correct copy in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 21" day of January, 2001: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) G. Thomas Miller, Esquire ®1. 'a CERTIFICATE OF SERVICE I, G. Thomas Miller, Esquire, attorney for Defendants do hereby certify that service of the within Certificate Prerequisite to Service of a Subpoena was made upon the following by depositing a true and correct copy in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the Vh day of February, 2001: Carolyn M. Anner, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) G. Thomas Miller, Esquire I `.i ?; ::, ?-. `' ?? ? .• ?I n ? I cl` '4 'lIU ? CiJ ?iL ?` t:_ .? ?-? O U ?? OSTROFF, VILLARI & KUSTURISS, P.C. By: Peter M. Villari, Esquire Attorney I.D. No.: 26875 311 North Broad Street Lansdale, PA 19446 (215)362-0300 PAUL F. NICHOLS, individually and as the Executor of the Estate of DEBORAH L. NICHOLS Plaintiffs, V. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 99-7242 CERTIFICATION OF SERVICE I, Peter M. Villari, Esquire, attorney for Plaintiff, hereby certify that true and correct copies of Plaintiff's Motion to Compel Production of Original Mammogram Films was served upon Defendants by sending a copy to counsel by first class mail, postage prepaid at the address indicated below on this I I'I day of February, 2002: G. Thomas Miller, Esquire Miller and Miller 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 Date: Z U v Respectfully OSTROFF, VILLA I & KUSTURISS, P.C. By: Peter M. Villari, Esuqire Counsel for Plaintiff ? i i u LAW OFFICLS MILLER AND MILLER 0. 1110?IAS MILLER 113 LOCUSI' SHIFET '1710MAS it. MILLER 11.0. Box 709 IL%RIt ISIIURO, PA 17108.0709 February 14, 2002 Theresa L. Giannone, Esquire Ostroff, Villari & Kusturiss. P.C. 311 North Broad Street Lansdale, PA 19446 Re: Deborah Nichols v. Smith, D.O., et al. CCP Cumberland County - No. 99-7242 Dear Ms. Giannone: EEg 4 2002 7ta.F.1'110Re (71712132-07511 FAX (717) 332-1307 Confirming our telephone conference of February 13, be advised that we have finally received the subject mammograms from the expert to whom we had sent them for review, and who had removed her practice from Pittsburgh to Chicago with the result that I believe the films had been mislaid in her office or misplaced during her professional move. At any rate she has now been able to return the films to me without providing any opinion to us and they will be sent to you b ov in the next several days at which time you told me you would withdraw yo otion to Cop eir production. We are sending a copy of this letter to the Cumberland County Court Administrator so that he need nor a,?.ti? process ou motion We apologize for any inconvenience which we have caused you in this matter and trust you understand that it was largely beyond our control. Very truly yours, G. T o as M GTM:lk cc: Office of the Court Administrator Cumberland County bee: The Medical Protective Company (Claim #254840) MILER and MILLER G ilier 2 0 2002 OSTROFF, VILLARI & KUSTURISS, P.C. By: Peter M. Villari, Esquire Attorney I.D. No.: 26875 311 North Broad Street Lansdale, PA 19446 (215)362-0300 PAUL F. NICHOLS, individually and as the Executor of the Estate of DEBORAH L. NICHOLS Plaintiffs, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 99-7242 HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC. Defendants. ORDER AND NOW, this day of 2002, upon consideration of the Plaintiffs Motion to Compel Production of Original Mammogram Films which are the subject of this case, and any response thereto, it is hereby ORDERED and DECREED that Defendants shall produce said original mammography films within five (5) days of the date of this Order or suffer sanctions upon further motion by Plaintiff. Defendants are prohibited from filing a Praecipe for a Rule to File a Complaint for a sufficient period of time after production of said original mammogram films to allow Plaintiff to determine the merit of his claims and, if meritorious, to draft a sufficient Complaint. BY THE COURT: ResS J. ? FEB 2 0 2002 By: Peter M. Villari, Esquire Attorney I.D. No.: 26875 311 North Broad Street Lansdale, PA 19446 (215)362-0300 OSTROFF, VILLARI & KUSTURISS, P.C. PAUL F. NICHOLS, individually and as the Executor of the Estate of DEBORAH L. NICHOLS Plaintiffs, V. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 99-7242 PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ORIGINAL MAMMOGRAM FILMS Now comes Plaintiff, Paul F. Nichols, individually and as the Executor of the Estate of Deborah Nichols, by and through his attorneys, Ostroff, Villari & Kusturiss, P.C, to file this Motion to Compel Production of Original Mammogram Films, and in support thereof aver as follows: I. This is a medical malpractice action initiated by Writ of Summons on or about December 1, 1999.1 2. Subsequent to the filing of the Writ of Summons in this matter, counsel for Defendants obtained the original radiological films from mammograms ' Said Writ was filed while Plaintiffs awaited a decision from the United States Army Judge Advocate General pursuant to the Federal Tort Claims Act as the care at issue was provided through the Dunham Army Medical Center, Carlisle Barracks. Said Claim was ultimately denied on the basis that Defendant herein, Henry K. Smith, D.O., was an independent contractor and not under the control of the United States. (hereinafter referred to as the "original films") of plaintiff's decedent, Deborah L. Nichols. 3. On or about July 31, 2001, the undersigned contacted counsel for Defendants to request the original films for the purpose of submitting same to an expert prior to filing a complaint. A true and correct copy of the letter of July 31, 2001, is attached hereto as Exhibit "A". 4. On or about August 8, 2001, defense counsel sent a letter to the undersigned wherein he indicated that he was in the process of obtaining the original films from the radiologist who reviewed the case on behalf of the Defendants and hoped to be able to provide the films to Plaintiffs counsel within two weeks of the aforesaid letter. A true and correct copy of the letter of August 8, 2001, is attached hereto as Exhibit "B". 5. As of October 4, 2001, Plaintiff's counsel had not received the original films and, as a courtesy, wrote to counsel for Defendants to inquire into the status thereof. A true and correct copy of the letter of October 4, 2001, is attached hereto as Exhibit "C.. 6. Plaintiffs counsel did not receive any response to his letter of October 4, 2001 and on December 12, 2001, again wrote a letter inquiring into the status of the original films. A true and correct copy of the letter of December 12, 2001, is attached hereto as Exhibit "D". To date, despite Plaintiff's repeated requests for same, counsel for Defendants has not produced the original films. 8. Due to Defendants' failure to provide the original films, which are admittedly in Defendants' possession and/or control, counsel for Plaintiff is unable to determine the merit of this claim and, if meritorious, to draft a sufficient complaint in this action without conducting pre-complaint discovery. 9. Plaintiff must now request the Court's intervention and seeks an Order compelling Defendants to produce the original films in this matter. 10. Plaintiff also requests that this Honorable Court enter an Order prohibiting Defendants from filing a Praecipe for a Rule to File a Complaint in this Civil Action for a period sufficient to accomplish the aforenoted discovery and determine if this claim is meritorious, and if meritorious, to draft and file a sufficient Complaint. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter the proposed Order, attached hereto. Respectfully submitted, OSTROFF, VILLARI & KUSTURIS , P.C. By: Peter M. Villari, Esuqire Counsel for Plaintiff a n...; A ?? t. t ?t I ?Or-.': If I ?? ? '?' OSTROFFVILI..A I OSTROFF, VILLARI & KUSTURISS, PC. LAWYERS Peter M. Villad Jonathan Ostroff John E. Kustudss Jr. Paul D. Brandes'. David B. Kline ... Richard M. Wiener' Stephen R. Kurens James M. Connelly Theresa L. Glannone Debra J. Westcott, RN, USN, CRNP Lee M. Koch, Of Counsel July 31, 2001 VIA FACSIMILE 717-232-1302 AND REGULAR MAIL G. Thomas Miller, Esquire Miller and Miller 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 Re: Nichols v. Smith D.O. et al. Dear Tom: Also Member of NJ Bar • Also Member of NY Bar Also Member of DC Bar • Also Member of MD Bar I.L.M. In Tdal Advocacy n Nurse Paralegal As you know from our conversation of yesterday afternoon, I have been asked by Carolyn Anner, Esquire, of Handler, Henning & Rosenberg, P.C., to assume the representation of the plaintiffs in the above civil action. Rather than quickly prepare and file a Complaint, I am going to have an appropriate radiologist review the films in question as soon as possible. If i am comfortable that the medicine supports this claim, i will then file a Complaint promptly. As we discussed, I would feel more comfortable having my expert review the original films, as opposed to the copies in my possession. You have kindly offered to give the original films to Leslie Miller, Esquire, who will call me when they are in her possession. I will arrange to pick the films up at Leslie's Philadelphia office. In the interim, I trust that you will continue to allow a reasonable extension to plaintiffs to file an appropriate Complaint. 311 North Broad Street • Lansdale, PA 19446-2457.215-362-0300 • Fax 215-362-2600 Lansdale, PA • Philadelphia, PA - Bellefonte, PA . Harrisburg, PA . Hazleton, PA • Haddonfield, NJ • Washington,DC www.ostroffvlilarl.com G. Thomas Miller, Esquire July 31, 2001 Page 2 I thank you for your cooperation and understanding. PMWres cc: Carolyn Anner, Esquire (\/\Ve?ry truly yours, ? -O•, ¦•/?•-N- PETER M. VILLARI OSTROFF, VILLARI & KUSTURISS, P.C. i E. E ,. B i I r i ; 1 r r, i 1? 6 4 l: ` a. LAW OFFICES MILLER AND MILLER G. 7110MAS MILLER 113 LOCUST STREET THOMAS R. MILLER P.O. BOX 709 HARRISBURG, PA 17108-0709 August 8, 2001 Peter M. Villari, Esquire Ostroff, Villari & Kusturiss, P.C. 311 North Broad Street Lansdale, PA 19446 Re: Deborah Nichols v. Smith, D.O., et al. Dear Mr. Villari: TELEPHONE (717) 231-0760 PAX (717) 331.1303 This will acknowledge your telephone call and your confirmatory letter of July 31, 2001 advising that you will be replacing Carolyn Anner, Esquire and her firm, as counsel for the Nichols estate. It is noted that you have requested the original mammograms which are the subject of this case and I am in the process of obtaining their return from the radiologist who has been reviewing them on our behalf. I will hope to be able to get these to you within the next two weeks. They will be delivered to you by hand delivery through my daughter's office, or by UPS. Obviously when you receive them we shall expect you to use the utmost care for their preservation and subsequent return to our custody, or rather the custody of our client, through our office, when your expert has completed his/her review. In the interim, we have agreed that you need not file a Complaint and that, if you do not obtain a satisfactory review from your expert, you will, in all probability, take a voluntary dismissal. Very truly yours, GTM:lk MILLER a MILLER G *hoMiller C• ' L y{a 11`3 ?I I? OSTROFF'VIL LARI OSTROFF, VILLARI & KUSTURISS, PC. LAWYERS • Also Mombor of NJ Bar M. Villarl o Also Mombor of NY Bar Jonnatat ha an Ostroff - Also Memborof DC Bar John E. Kusludss Jr.'- Also Membor or MD Bar Paul ndes'. I.L.M. In Trial Advocacy DavidS B..Kil Kline ••• a Nurse Paralegal Richard M. Wiener' Stephen R. Kurens' James M. Connelly Theresa L. Glannone Linda M. Eckert, aNC, esN e Leo M. Koch, Of Counsel October 4, 2001 VIA FACSIMILE 717-232-1302 AND REGULAR MAIL G. Thomas Miller, Esquire Miller and Miller 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 Re: Nichols V. Smith D.O., et al. Dear Tom: I understand from my paralegal that we still do not have the original films for review by my expert. I would like to get the case off-center and would appreciate it if you would take a moment to see what the problem is regarding the films, solve it, and get them off to me. Thanks for your attention to the above. Ve f rely Yours, ETER M. VILLARI oSTROFF, VILLARI & KUSTURISS, P.C. PMVldac 311 North Broad Street • Lansdale, PA 19446-2457.215-362-0300 • Fax 215-362-2600 Lansdale, PA • Philadelphia, PA • Bellefonte, PA - Harrisburg, PA • Hazleton, PA • Haddonfield, NJ • Washington,DC j www.ostroffvillarl.com rArm i l ,.,, OSTR®FFVIII.LIIAR OSTROFF, VIUARI, KUSTURISS, KORN & STERN, P.C. Peter M. Villad Jonathan Ostroff John E. Kusludss Jr. - Paul D. Brandes David B. Kline ••- Richard M. Wiener Stephen R. Kurens Theresa L. Glannone Linda E. Eckert, RNc. esN e Lee M. Koch, Of Counsel December 12, 2001 VIA FACSIMILE 717-232-1302 AND REGULAR MAIL G. Thomas Miller, Esquire Miller and Miller 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 Re: Nichols v. Smith. D.O., et al Dear Tom: Also Member of NJ Bar • Also Member of NY Bar Also Memberof DC Bar • Also Member of MD Bar • LLM. In Tdal Advocacy e Nurse Paralegal Just a reminder that I have yet to receive the original films in this matter for review by our radiologist. front? Could you please give me a brief update in writing as to what is going on on that As always, I thank you for your continued cooperation. If I don't speak to you before the holidays, have a warm and happy holiday and tell Leslie I said hello. yours, /? PETER M. VILLARI PMV/res OSTROFF, VILLARI & KUSTUR/SS, P.C. cc: Carolyn Anner, Esquire _ _- ._ W-11- 311 311 North Broad Street • Lansdale, PA 19446-2457 • 215-362-0300 • t!{ Fqx 215-362.2600 , Lansdale, PA • Philadelphia, PA • Bellefonte, PA • Harrisburg, PA • Hazleton, PA • Haddonfield, NJ • Washington, DC www.ostraffvilIari.com www.4mychild.com LAWYERS c` VERIFICATION Peter M. Villad, Esquire, states that he is the attorney for the within named Plaintiff in this action and verifies that the statements made in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. By: OW Peter M. Villari, Esquire Z O? Attorney for Plaintiffs Date: ,,, _ _.- ., , `i - "r, ,. - ?._ } _.. u ?- FEB 2.,0 ?gp2 OSTROFF, VILLARI & KUSTURISS, P.C. By: Peter M. Villari, Esquire Attorney I.D. No.: 26875 311 North Broad Street Lansdale, PA 19446 (215)362-0300 PAUL F. NICHOLS, individually and as the Executor of the Estate of DEBORAH L. NICHOLS Plainli s, v. HENRY K SMITH, D.O. and SMITH RADIOLOGY, INC. Defendants. AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 99-7242 ORDER day of , 2002, upon consideration of the Plaintiff's Motion to Compel Production of Original Mammogram Films which are the subject of this case, and any response thereto, it is hereby ORDERED and DECREED that Defendants shall produce said original mammography films within five (5) days of the date of this Order or suffer sanctions upon further motion by Plaintiff. Defendants are prohibited from filing a Praecipe for a Rule to File a Complaint for a sufficient period of time after production of said original mammogram films to allow Plaintiff to determine the merit of his claims and, if meritorious, to draft a sufficient Complaint. BY THE COURT: J. 1_...- FED? P 02. OSTROFF, VILLARI & KUSTURISS, P.C. By: Peter M. Villari, Esquire Attorney I.D. No.: 26875 311 North Broad Street Lansdale, PA 19446 (215)362-0300 PAUL F. NICHOLS, individually and as the Executor of the Estate of DEBORAH L. NICHOLS Plaintiffs, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 99-7242 HENRY K SMITH, D.O. and SMITH RADIOLOGY, INC. Defendants ORDER AND NOW, this day of , 2002, upon consideration of the Plaintiff's Motion to Compel Production of Original Mammogram Films which are the subject of this case, and any response thereto, it is hereby ORDERED and DECREED that Defendants shall produce said original mammography films within five (5) days of the date of this Order or suffer sanctions upon further motion by Plaintiff. Defendants are prohibited from filing a Praecipe for a Rule to File a Complaint for a sufficient period of time after production of said original mammogram films to allow Plaintiff to determine the merit of his claims and, if meritorious, to draft a sufficient Complaint. BY THE COURT: J. FEB 2, 0 X002 OSTROFF, VILLARI & KUSTURISS, P.C. By: Peter M. Villari, Esquire Attorney I.D. No.: 26875 311 North Broad Street Lansdale, PA 19446 (215)362-0300 PAUL F. NICHOLS, individually and as the Executor of the Estate of DEBORAH L. NICHOLS Plaintiffs, v. HENRY K. SMITH, D.O. and SMITH RADIOLOGY, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 99-7242 ORDER AND NOW, this day of , 2002, upon consideration of the Plaintiffs Motion to Compel Production of Original Mammogram Films which are the subject of this case, and any response thereto, it is hereby ORDERED and DECREED that Defendants shall produce said original mammography films within five (5) days of the date of this Order or suffer sanctions upon further motion by Plaintiff. Defendants are prohibited from filing a Praecipe for a Rule to File a Complaint for a sufficient period of time after production of said original mammogram films to allow Plaintiff to determine the merit of his claims and, if meritorious, to draft a sufficient Complaint. BY THE COURT: J. I a?*n} t ' .r ... .. ... . i1?tl III • i IIjII M ? ? i I ., ? ? ;?`II I; 6:,1 I I U ? i c r I I F H i C N • h V' '7 I o y W ?, - O o , i F ?,b xz ?? QOr cn a I, I A . EW C i guj O J ! r N . ?U I „ m? 11 rc LL y v , 11 ? o' O a and 5 s om f" 0 0 , Z a (/0 o I 0 . ? c O MJ ( f ?1? °= o ° o C) o v u ,?L [n C, ? b h E U p °0da0 ® V) g3 J ®a n 1 1L m v - d N L . (O 1 1 r n 4. V W p 89 ?s tm ` ,/ALL- om vJ O Z w c oO mm i OSTROFFVILLAR1 i1m, ° >_ Zooz OSTROFF, VILLARI & KUSTURISS, P.C. Peter M. Villad Jonathan Ostroff John E. Kusluriss Jr. •v Paul D. Brandes'• David B. Kline Richard M. Wiener' Stephen R. Kurens Theresa L. Giannone Linda M. Eckert, RNC, esN- _'___-__...._ _..-.._.. _ Lee M. Koch, Of Counsel Office of the Court Administrator Cumberland County Court Of Common Pleas 1 Courthouse Square Carlisle, PA 170 i 3 February 25, 2002 Also Member or NJ Bar Also Member of NY Bar Also Member of DC Bar • Also Member or MD Bar • I.L.M. In Trial Advocacy e Nurse Paralegal Re: Paul F. Nichols, individually and as Executor of the Estate of Deborah Nichols v. Henry K. Smith D.O. and Smith Radiology, Inc. Dear Sir or Madam: Plaintiff filed a Motion to Compel Production of Original Mammogram Films on or about February 9, 2002. Thereafter, on February 14, 2002, the undersigned received a letter from Mr. Miller, counsel for Defendants in this matter, in which he advised that he would forward the films at issue within a few days. He advised in his letter that he would notify your Office of our discussion so that you need not further process our Motion. Please be advised, however, that I agreed to withdraw the Motion to Compel upon receipt of the films and since I have not yet received same, I request that you continue to process Plaintiff's Motion. I will promptly notify the Court that this matter is resolved when Plaintiffs receive the films at issue. Thank you for your assistance. TLG/ Encl. cc: G. Thomas Miller, Esquire LAWYERS Very truly yours, Theresa L. Giannone 311 North Broad Street - Lansdale, PA 19446-2457.215-362-0300 - Fax 215-362-2600 Philadelphia, PA - Hazleton, PA -Shenandoah, PA • Harrisburg, PA' Haddonfield, NJ www.ostraffvillarl.com 'Y r 0-- va,,-O-E OSTROFF, VILLARI & KUSTURISS, P.C. By: Peter M. Villari, Esquire Attorney I.D. No.: 26875 311 North Broad Street Lansdale, PA 19446 (215)362-0300 PAUL F. NICHOLS, individually and as the Executor of the Estate of DEBORAH L. NICHOLS Plaintiffs, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 99-7242 HENRY IL SMITH, D.O. and SMITH RADIOLOGY, INC. Defendants. PRAECIPE TO WITHDRAW MOTION TO COMPEL PRODUCTION OF ORIGINAL MAMMOGRAM FILMS TO THE PROTHONOTARY: Kindly withdraw Plaintiffs Motion to Compel Production of Original Mammogram Films which was filed on or about February 12, 2002. Respectfully submitted, OSTROFF, VILLARI & KUSTURISS, P.C. By: C /v? Peter M. Villari, Esugire Counsel for Plaintiff } Cl) C ' J = C ?a7 f ] v -? -• CG U PAUL F. NICHOLS, Individually and as Executor of the Eestate of DEBORA L. NICHOLS, Deceased Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7242 CIVIL HENRY K. SMITH, D.O., and SMITH RADIOLOGY, INC. JURY TRIAL DEMANDED Defendants PRAECIPE FOR DISCONTINUANCE WITH PREJUDICE TO THE PROTHONOTARY: This action is hereby discontinued as to all defendants with prejudice, and you are requested to mark the docket accordingly. Ostroff, Villari & Kusturiss, P.C. By: a ?" 311 North Broad Street Lansdale, PA 19446 Attorneys for Plaintiffs Dated: December? L , 2002 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Praecipe for Discontinuance was this day served upon defendants' counsel by U.S. First Class Mail, Postage Prepaid, addressed as follows: G. Thomas Miller Miller and Miller 401S.32 "d Street Camp Hill, PA 17011 of counse r Plaintiffs December, 2002 7007 n 7. o3Q rl r N V ^? N J! L i.. _ C UJ LCD :'fl d o U