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HomeMy WebLinkAbout07-2144MARY JANE ZEIGLER and SEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW c~ JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. tF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ;NO: ~7- aZ(~(~ JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs, by and through their attorney, Karl E. Rominger, Esquire of Rominger and Associates, and in support of their Complaint avers as follows: 1. Plaintiff Mary Jane Zeigler is an adult individual residing in Cumberland County, PA. 2. Plaintiff Jean Brymesser is an adult individual residing in Cumberland County, PA. 3. Herman Chiropractic Center, Inc is a Pennsylvania Corporation with a principal address at 700 S Potomac St, Waynesboro, PA 17268 4. Herman Chiropractic Center of Carlisle, Inc is a Pennsylvania Corporation with a principal address at 700 S Potomac St, Waynesboro, PA 17268 5. Herman Chiropractic Center of Gettysburg, Inc is a Pennsylvania Corporation with a principal address at 700 S Potomac St, Waynesboro, PA 17268 6. Lawrence S. Herman, D.C. is a licensed chiropractor and founder /officer of the corporate defendants, with a principal address at 700 S Potomac St, Waynesboro, PA 17268 7. Jason H. Herman, D.C. is an adult individual and officer of the corporate defendants, with a principal address at 700 S Potomac St, Waynesboro, PA 17268 8. Jurisdiction is proper as the complained of invasions, acts, and publication took place in Cumberland County amongst many other jurisdictions, to include Franklin, Adams, York and other counties not yet determined.. 9. Plaintiffs received various private medical services from defendant(s), including chiropractic care. 10. As a medical provider treating plaintiff, defendants maintained a file on plaintiffs and kept certain other medical records, including a photograph to identify plaintiffs. 11. On various dates and times and in numerous publications of general and public circulation various photographs and advertisements were run by one or more of the defendant's to promote their chiropractic busines(s). 12. The adverts, which were run in many different sizes, configurations, and specific formats, included the likenesses of plaintiffs, including, their photographs, and some biographical /medical information. 13. Both plaintiffs were unaware of their photo being used in the various newspapers and other publications, and only learned of the same after friends and family reported seeing them in the newspaper. 14. Plaintiffs were able to find some copies of the advertisements, which were run on April 17, 2006 and May 8, 2006. (see Exhibits A and B) 15. Upon information and belief the images and ads were used on prior and subsequent dates and times, and plaintiffs reserve the right to expand and amplify their claims after discovery from the defendant(s) 16. Neither plaintiff authorized the particular use of their medical information and / or photo or likeness. 17. On or about June 22, 2006 plaintiffs by counsel sent a letter demanding Herman cease and desist, and revoking any authorization to use the photos if one did exist. 18. On June 28, 2006 counsel for the defendant, wrote saying that they believed the uses had been authorized, but that they would cease and desist. 19. On September 26, 2006 the images of plaintiffs again ran imthe newspaper, the Public Opinion in Chambersburg. (See Exhibit A) 20. Defendant(s) violated HIPAA, as they had no valid release to use any of the information on the Plaintiffs, either because the release was not knowingly and intelligently given and / or the releases failed to comply with HIPAA. 21. The releases if any were not valid under HIPAA and HIPAA was violated in numerous ways, including but not limited to: (see for example 45 C.F.R. §164.508) a. The Description of Personal Health Information (PHI) to be used or disclosed was not done in a specific and meaningful manner. b. The name(s) or other specific identification of person(s) or class of persons authorized to make the requested use or disclosure were not included. c. The name(s) or other specific identification of the person(s) or class of persons who may use the PHI or to whom the covered entity may make the requested disclosure was not spelled out. d. The description of each purpose of the requested use or disclosure, was not adequate, and in fact the release was defective as it was for future unspecified use. e. No authorization expiration date was included, which is a fatal defect. f. Signature of the individual and date. If the Authorization is signed by an individual's personal representative, adescription of the representative's authority to act for the individual. 22. As a matter of law, once HIPAA took effect, any release not conforming was no longer valid, and is not a defense to the actions of the various defendants. 23. Further, the releases claimed by defendants even if adequate, aze not valid as to all of the defendants. For instance the claimed "release" of Plaintiff Zeigler, dated December 1, 1999 only applies to the Herman Chiropractic Center of Carlisle, Inc 24. Further the releases aze not for promoting the business of defendant(s), but by their own language only to be used for "the purpose of promoting Chiropractic care", not enriching defendant(s). 25. Even if the release were valid when signed, plaintiffs did not contemplate that their photos and likeness would be used in the manner(s) so done. 26. In fact, many of the advertisements were not flattering, and were sensationalized in a way casting plaintiff with disfavor and in an embarrassing light. 27. The actions of the defendant(s) violated the norms of both medical practitioners, and business behavior towazds customers, and were not in conformity with any reasonable standazd, code of conduct, or industry custom. 28. Plaintiffs make the following claims as to each and every defendant. INVASION OF PRIVACY ZEIGLER V. HERMAN CHIROPRACTIC CENTER, INC, et. al. 29. The previous paragraphs are incorporated by reference as if more fully set out herein. 30. Plaintiff Zeigler had her privacy invaded by Defendant(s) publicizing her private affairs. 31. Defendant(s) were not privileged to invade Plaintiff's privacy and intentionally did so. 32. There was no legitimate reason to disclose Plaintiff's identity, course of care and results, nor medical procedures procured. 33. Said publication of private information was an intrusion upon seclusion and also constituted publicity given to a private life. 34. The material published was highly offensive and shocks the sensibilities. 35. The information released was not of legitimate public concern. 36. Plaintiff was damaged and continues to suffer damages as a result of this invasion of her privacy, including shock, nervousness, emotional distress, pecuniary loss, pain, suffering, and concern. 37. Defendant(s) used the photo and likeness of Plaintiff to make a profit, and owe her for the use of her image and the profits it generated for them. 38. Defendant's actions were the direct and proximate cause of Plaintiffs' harm. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney fees, and punitive damages. BREACH OF PATIENT CONFIDENTIALITY BY A HEALTHCARE PROVIDER ZEIGLER V. HERMAN CHIROPRACTIC CENTER, INC, et. al. 39. The previous paragraphs are incorporated by reference as if more fully set out herein. 40. Defendant(s) were in the business of treating and providing medical services to Plaintiff. 41. Plaintiff had a reasonable expectation of privacy regarding the procedures she underwent and her identity when she was treated by Defendant. 42. Defendant(s) breached the duty of confidentiality, customarily accorded to medical records, of Plaintiff when Defendant released her medical records, photograph, and other personal information to the public. 43. Defendant(s) did not have Plaintiff's consent to release any of her information. 44. Plaintiff was damaged and continues to suffer damages as a result of this breach, including shock, nervousness, emotional distress, pecuniary loss, pain, suffering, and concern. 45. At the time of the breach Defendant violated the portion(s) of the Health Insurance Portability and Accountability Act (herein after referred to as HIPAA) in effect, which were known to Defendant, and which provided the applicable duty of care. See 45 CFR § i 60-164 et seq.. (ie see 45 CFR § 164.502(a) WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney fees, and punitive damages. CONVERSION ZEIGLER V. HERMAN CHIROPRACTIC CENTER, INC, et. al. 46. The previous paragraphs are incorporated by reference as if more fully set out herein. 47. Plaintiff possesses an identity, which is composed of her likeness and photograph 48. Defendant took Plaintiff s identity, with which Defendant had been entrusted, and placed it in its advertisement, thus giving Plaintiff s identity to the public at large. 49. Defendant used Plaintiff s photo and likeness in its advertisements for its own financial gain. 50. This causes Plaintiff great anxiety and harm. 51. Plaintiff is entitled to be compensated for the value of her identity, as well as its use. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney fees, and punitive damages. PUNITIVE DAMAGES ZEIGLER V. HERMAN CHIROPRACTIC CENTER, INC, et. al. 52. The previous paragraphs are incorporated by reference as if more fully set out herein. 53. The conduct of Defendant(s) was shocking and outrageous. 54. The conduct was willful, wanton, and intentional in that, while aware of their duties, defendant(s) chose to run an advertisement for gain without the consent of plaintiff. 55. The conduct was willful, wanton, and intentional in that, even after being told to cease and desist, Defendant failed to pull the advertisment, and / or prevent additional copies and publications of the ad from occurring, and allowed protected information to remain in the hands of defendant(s) advertising vendors and / or other third parties.. 56. Defendant took financial gain and / or intended to gain while harming plaintiff. 57. Plaintiff is entitled to punitive damages. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration as to all of the counts above, including costs of this suit and attorney fees, as well punitive damages. INVASION OF PRIVACY BRYMESSER V. HERMAN CHIROPRACTIC CENTER, INC, et. al. 58. The previous paragraphs are incorporated by reference as if more fully set out herein. 59. Plaintiff Zeigler had her privacy invaded by Defendant(s) publicizing her private affairs. 60. Defendant(s) were not privileged to invade Plaintiff's privacy and intentionally did so. 61. There was no legitimate reason to disclose Plaintiff's identity, course of care and results, nor medical procedures procured. 62. Said publication of private information was an intrusion upon seclusion and also constituted publicity given to a private life. 63. The material published was highly offensive and shocks the sensibilities. 64. The information released was not of legitimate public concern. 65. Plaintiff was damaged and continues to suffer damages as a result of this invasion of her privacy, including shock, nervousness, emotional distress, pecuniary loss, pain, suffering, and concern. 66. Defendant(s) used the photo and likeness of Plaintiff to make a profit, and owe her for the use of her image and the profits it generated for them. 67. Defendant's actions were the direct and proximate cause of Plaintiffs' harm. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney fees, and punitive damages. BREACH OF PATIENT CONFIDENTIALITY BY A HEALTHCARE PROVIDER BRYMESSER V. HERMAN CHIROPRACTIC CENTER, INC, et. al. 68. The previous paragraphs aze incorporated by reference as if more fully set out herein. 69. Defendant(s) were in the business of treating and providing medical services to Plaintiff. 70. Plaintiff had a reasonable expectation of privacy regarding the procedures she underwent and her identity when she was treated by Defendant. 71. Defendant(s) breached the duty of confidentiality, customarily accorded to medical records, of Plaintiff when Defendant released her medical records, photograph, and other personal information to the public. 72. Defendant(s) did not have Plaintiff s consent to release any of her information. 73. Plaintiff was damaged and continues to suffer damages as a result of this breach, including shock, nervousness, emotional distress, pecuniary loss, pain, suffering, and concern. 74. At the time of the breach Defendant violated the portion(s) of the Health Insurance Portability and Accountability Act (herein after referred to as HIPAA) in effect, which were known to Defendant, and which provided the applicable duty of care. See 45 CFR § 160-164 et seq.. (ie see 45 CFR § 164.502(a) WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney fees, and punitive damages. CONVERSION BRYMESSER V. HERMAN CHIROPRACTIC CENTER, INC, et. al. 75. The previous paragraphs are incorporated by reference as if more fully set out herein. 76. Plaintiff possesses an identity, which is composed of her likeness and photograph 77. Defendant took Plaintiff s identity, with which Defendant had been entrusted, and placed it in its advertisement, thus giving Plaintiff s identity to the public at large. 78. Defendant used Plaintiff's photo and likeness in its advertisements for its own financial gain. 79. This causes Plaintiff great anxiety and harm. 80. Plaintiff is entitled to be compensated for the value of her identity, as well as its use. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney fees, and punitive damages. PUNITIVE DAMAGES BRYMESSER V. HERMAN CHIROPRACTIC CENTER, INC, et. al. 81. The previous paragraphs are incorporated by reference as if more fully set out herein. 82. The conduct of Defendant(s) was shocking and outrageous. 83. The conduct was willful, wanton, and intentional in that, while aware of their duties, defendant(s) chose to run an advertisement for gain without the consent of plaintiff. 84. The conduct was willful, wanton, and intentional in that, even after being told to cease and desist, Defendant failed to pull the advertisment, and / or prevent additional copies and publications of the ad from occurring, and allowed protected information to remain in the hands of defendant(s) advertising vendors and / or other third parties.. 85. Defendant took financial gain and / or intended to gain while harming plaintiff. 86. Plaintiff is entitled to punitive damages. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration as to all of the counts above, including costs of this suit and attorney fees, as well punitive damages. Respectfully submitted, ROMINGER AND ASSOCIATES Dated: April 16, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff gas both a popular exercise and a shill colleges believed td '~-omen should master --- their own safety and for social swimming has lost its p1°omi- ace in ciunpus physical educa- the finishing school element led and other fitness options ultiplied. IBC, Pomerantz says the facui- ing on `,'. x~ si-~gle s'~i1' o' s5~nz?~m~.n.g just didn't fi.t. As re<~ntly as a 2977 survey, 42 per- cent of i?lstitutions had some sort of swiminin.g re:luirement, according to Larry F-Iensley, a University of North- ern Iowa professor who has studied the history of physical education.l3ut by 1982 that figw•e had plummeted to 8 percent. Subsequent surveys no longer bothe>•ed to ask about it. ities - Pennsbury Village and Traf- ford -were in the late 40s. All oth- er county communities had median voter ages in the 50s. The studyalso showed that Pitts- burgh voters turned out in greater numbers for the 2004 presidential election than the mayoral primary, and that they had a lower median age of 46.8 years compared with 54.6 for the primary SUFFERING TODAY!!! o your Neck Pain... have any o Rarir Paen .,__~....~,..,.. Arthritis... Arm Pain.,. Leg Pain... Numbness... Soreness... Pinched Nerves... Hip Pain... Aches... Pains... Hear what our patients... say... BOY WAS 1 SURPRISED! "My beck was killing me until..:' I had pain all over. Whether n was my shoulders. Mr back would hurt all the hme. Often it wouM haws! middle back or legs it loomed that 1 was ahvays - down my sides and I needed b do something about su8ering one way or another I could not get any. ,<~ n. t have fo be able to lrB a bt o1 heavy things at relief, couldn't sleep, and was Bening depressed ~~ work and twuuld no! let this pain lbw me down. It just term being in such terrible, constant pam. Anerjust wnuldn7 quit. In no fima, I was genmg my spine a taw weexs. l noticed pain relict that kept geeing y^ adjusted and fasting great after the very first ~ boner and boner unb7 !would feet great for several ustmenf. l am so happy that / am under Care at ~ ~ hours of a Time. 1 am now functioning more, t am x . Merman ChimpractiC Center and t fell everybody able Jo be more sociable and alive. In shat, 1 can that needs help to ~ there also. enjoy llle without any pain! ~Vb "1 had etabWng pain and h was gaffing "My ml nbs were getting me down, Until..:' ,~5~` worse?..; • t , My and shoulders were causing mo "~ o ~ I thought that 1 would never need to sae a urN~earable pin. l wouM sled get temNc hearleches chiropractor. Then. as my fife went on, (found and sdmetimes migraines, that wnufd really get me ' myself feeling aches and pains that got worse and dawn. !had trouble using my shoulders wltAaut worse.l3elore t knew if, 1 had stabbiny pains in my tremendous pain and that aNecfed my work l7v1 A hip and back. tt was excruciating pam! My spina NEW t'ERSQN!I I no /anger have any headaches or 4 .a :..1. was adjusted and before 1 knew it, !was back at full migraines, (or that manor. n's realty great not fo feel "w strength and feeling kke a miflron bolts agam.l so down aN the 6me from the pressure m my head. gave n Nme and got help just liko l was told f would. ::. ~~ '`Herman :''Chiropractic €entec , 1011 Wayne Avenue Chambersburg, PA 700 5. Potomac Street Waynesboro. PA Premier Bfue Cross Provider -Medicare -Auto Acc/dents .Z Worker's Campensatfon www.hermanchiropractic.com Gall IVOW for asame-day 2~~-81 ~~ appointmentlll '~~2~177~ Ofilces in Waynestroro, Chambersburg, Gettysburg, Lebanon, Altoona, Carlisle, Stroudsburg, Kingston and throughout Penn;yltrertlall! ~P. 9 these -/f - ~ SQTZ, ct280n .r..amea, mac,, wao to'I~~mple University Hospital iLadelphia, where he was listed r condition Sunday evening. th men lived in southern ter County, authorities said. w»», .,. _,. ~- -- vocal group The Lettermen, with help from James E. Winner Jr., own- er of a hotel and the company that makes The Club vehicle anti-theft device. • SUFFERING TODAY::. Do you •have any of theso??? Neck Pain... Back Pain... Headaches... Arthritis... u Arm Pain... ~~ ~ Leg Pain... ~r ~ Numbness... '< ~~ , ~~ ~ , Soreness... ~ ~ ~ ~,^ Pinched Nerves... ,~ • ~,,~ ~ ~ Hip Pain... ~ ~ _ ~. ~ ~..~ Aches... ~ ~ Pains... ~ea~ ghat our patients say... BOY WAS 1 SUtaPRIStcDI "NAy haClt urea killing me until.:' ! bed pak~ aN ove- lMretlier ti was my shoukier~ My back wwrM twit aH the time. Often tt would trawl middle back or legs !f seemed that 1 was allays } down my sides and f needed to do something about sullering one way or anottrer. !could not get arty !t. I haw to be able to Lilt a lot o! heavy things et rebel, coukMY sleeps and was getting depressed r ~ N+oltc arxt could not let this pain skxv me down. It just boor being in such terrible, constant pain. ANerlust woukfiY quit In no 6me, 1 was getting my spine a few wsekc, I notked pam relief that kept getftng dusted and feeling great after the wry first batter and better un0il t wed feelgreat Ior sews! erlJustment t am so happy that I am under care at x. hours at a time. l am now tunctionM9 more, I am He`man Chhvprac Center and f teH everybody able b be more sociable and active. to short,l can tftet needs hey to ~ there also. ergoy fife without any paint "1 had etMlWrq pain and k was gNtbig "Uy ml9rai~ ware getting me down. until.:' ~t_" My neck and shouk~rs were causing me I rhotgM that I wvukl never need to see a unbearable pain. l would also get terrific tteaa~aches ~ chiropractor. Then, as my IMe Ni3nt on, t luurrd ,~ and sometimes migraines, that woukJ really gel me • , ` < mysell gekng aches end pains that got Nose and <~ '~~ ,~ ~ down. l had Irarble using my shoulders without ~ ~..:, Nurse. Bekne i knew it I had stabbing pains M my >'" demanders pain and that affected my work % M A hip and bade. n was axpudating pelnl My spore ;.,ai' NEW PERSON!! t no bnger haw any headaches or was aaprsted and beAora 1 knew k, l was back at luq migraines, for that matter. it's really great not to feel st~r~ytl~ and /eeYitg Yke a m~Yllon budrs ' . t ' so down all the time from the pressure Irt my head. aaw~t tltne endttof he>pN>et Nke 1 was Auld I wDUld. ;, ~~,~ - Premier Blue Crass ProvJder -Medicare -Auto Accldenis HeT1~IQ~ worker's Compensation M~ChirDprattjc www.hermanchiro ractic.com ~, tenter; pan Now ror a same-day 264-8149 o,~, Nfa,meAvarn,e appolntmentlll '~62-1 T73 Chamt>ersburq, PA 700 S. Potomac Street OlNcaa !n Wbynesbao; Chembe/sbu-g, ta^ettysbut+g, Lebanon, Altoon wavnesboro. PA °, ~: and throughout pennsyNanlalll - ~? - 5250,000 expense - as well. as costs linked to the hall's new venue, a restaurant and piano bar in down- town Sharon, about 65 miles north- west ofPittsburgh. 1 with her daughter, acres of what was known as the es and more bathrooms, on~czc+~ Rivers, and three other t about 10:5 a.m. Sun- lid parade ground, where dai- lytrauung and drillingtook Place said, Three plazas will be closed. ,n she heard a gunshot. someone unmediately and where the fl~ ranch Alliance was signed in 1778, said Barbara One is in Hempfield Township, Westmoreland County, and the , Casha'e was bleeding in Pollarine, deputy park superin- other two are in lower Bucks Count near the turnpike's y c seat. y stopped at a nearby fire here medics rushed the tendent. The park service is exploring several options, but is pushing ~ Philadelphia interchange. The Bethesda, Md.-based com- w ;artner to the hospital. h an alternative that would involve 1'/r to 3 f©et in the atin parry will pay rent equal to 4.5 percent of ser«ce plaza salmi and let had traveled throug ~ld's back and into her g excav affected h soil e dd ngvi s and e f remaining revenue for ke he died around 11:15 a.m. . fr a a t taminan ~ ncca^ ~a ~^ Nro~aa any pang M fiaA elsbbMg PNn and k vaa getting Mgreel_" I tlipgM Ihet t wit etewBr need fo Be9 a chlroptscfw. 71Mn. as ny~ went?n. t found myyelt teeWtg aches and psaw that .w ....,..o anA vase. Beb/e I knew R, !had •,My mfgralnes aero getting me aow~. un i.." - C - MARY JANE ZEIGLER and JEAN BRYMESSER Plainrtiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendarns IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . NO: JURY TRIAL DEMANDED VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for, Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: April 16, 2007 Karl E. Rominger, Esquire Attorney for Plaintiffs rV ~ ~ { ~~ ' `^ _ ~ O ~ , ^ _ l ... _-~ n.a ~.~ C~ "t7 ~J ~_'"1 _~ -=i fl1 ~p;T3 :; 4J `1 _ J "~'"~3 /~ . ~~~3 _~ iT1 .~ a s -< PRAECIPE FOR LISTYNG CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF Ci11ViBERLAND COUNTY: n rv ~ o Please list the within matter for the next Argument Court. --~, ~ • ~ --- ------------_._-------------------- ----------------------------------- F-~-_~----_ -_ ~ CAPTION OF CASE '~ -- `~:~ ~; (entire caption must be stated in full) Mary Jane Zeigler and Jean Brymesser ,y _' -b -~ ~ , I r_ vs ~ -~ Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman (Defendant) No. 07-2i 44 ~ Civil Term 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's dcrnurrer to complaint, etc.): Defendants' Preliminary Objections 2. Identify counsel who will argue cases: (a) f~o~pl~es ~ I . Artz, Esq. , Artz Health Law, (Name and Address) 200 North Third Street, Suite 12-B, Harrisburg, PA 17101 (b) for defendant: Karl E. Rominger, E(s~~q., Rotninger and Associates 155 South Hanoger Str~~dCAar~is~e, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for azgtunent. 4. Argument Court Date: Date: ~Y 10, 2007 July ~'{ ~ 2007 `-. Signature Charles I. z, Esq. Print your name Defendants Attorney for MARY JANE ZEIGLER and JEAN BRYMESSER, Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-2144 CIVIL TERM JURY TRIAL DEMANDED To the Plaintiffs: You are hereby notified within Preliminary Obji within twenty (20) days or a judgment by defau' against you. PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C. and Jason H. Herman (collectively for ease of reference "Herman Chiropractic"), by and through their attorneys, Artz Health Law, hereby file Preliminary Objections to Plaintiffs' Complaint pursuant to Pa. R.C.P. 1028(a)(4), and in support thereof, aver as follows: 1. Plaintiffs Mary Jane Zeigler and Jean Brymesser ("Plaintiffs") filed an 8-count Complaint against Herman Chiropractic on or about April 16, 2007. 2. Herman Chiropractic was served with Plaintiffs' Complaint on Apri124, 2007. 3. Of the 8 counts, none are enumerated. 4. The third and seventh unnumbered counts assert claims for conversion. 5. In order to assert a claim of conversion, Plaintiffs must allege facts demonstrating actual or constructive possession of a chattel or an immediate right to possession of a chattel at the time of the alleged conversion. 6. Plaintiffs plead Herman Chiropractic converted their identity for their own financial gain. 7. Plaintiffs' identities are intangible rights which cannot be converted as a matter of law. 8. Plaintiffs' identities are not chattel. 9. Plaintiffs failed to allege any facts that Herman Chiropractic converted a chattel, imposed deprivation of a tangible right, or retained any money in which Plaintiffs had a possessory interest. 10. The conversion counts fail to state claims for which relief can be granted and must be dismissed with prejudice. 11. The fourth and eighth unnumbered counts assert separate claims for punitive damages. 12. As a matter of law, no independent cause of action for punitive damages exists. 13. The Pennsylvania Supreme Court established this unequivocal point of law almost a half century ago in Hilbert v. Roth, 395 Pa. 270, 149 A.2d 648, 652 (1959) ("The right to punitive damages is a mere incident to a cause of action ... and not the subject of an action in itself ') . 14. Plaintiffs' assertion of punitive damages as a separate count warrants immediate dismissal of the fourth and eighth unnumbered claims, and imposition of attorneys' fees and sanctions. 15. Punitive damages may only be awarded for conduct that is outrageous, because of the defendant's evil motive, or reckless indifference to the rights of others. 2 16. At best, Plaintiffs' Complaint alleges that an advertisement was published containing pictures, with no names, and a description that the Plaintiffs got good health care services and got better. 17. The Complaint fails to assert any facts justifying the imposition of punitive damages. 18. The unnumbered punitive damages counts in the fourth and eighth unnumbered counts asserted as separate causes of action, and any and all punitive damages claims, must be dismissed with prejudice and stricken. 19. In the second and sixth unnumbered counts, Plaintiffs assert breach of patient confidentiality claims based upon the "duty of care" created by the HIPAA Privacy regulations (see Complaint X45 and 114), and further assert HIPAA Privacy regulatory violations in ¶20, ¶21 and ¶22 of the Complaint. 20. No private right of action exists for alleged violation of or non-compliance with the HIPAA Privacy regulations. 21. The unnumbered second and sixth HIPAA Privacy breach claims fail to state a claim for which relief may be granted, and must be dismissed with prejudice. 22. The unnumbered first and fifth counts assert invasion of privacy claims in the form of intrusion upon seclusion and misappropriation of likeness. 23. An intrusion upon seclusion privacy claim requires facts to be pled demonstrating a similar intrusion upon the solitude or seclusion or private affairs and concerns of a reasonable person would be highly offensive to that reasonable person. 24. The advertisement does not include Plaintiffs' names . 3 25. The advertisements suggest the unidentified Plaintiffs were in pain, received undisclosed treatment from Herman Chiropractic, the pain subsided and they got better. 26. No facts exist in the advertisement or elsewhere to suggest that the statements contained in the advertisements or the publication thereof would be highly offensive to a reasonable person. 27. The Complaint fails to state claims for intrusion upon seclusion and invasion of privacy. 28. The first and fifth unnumbered counts may be construed to assert misappropriation of name or likeness claims. 29. Liability also does not attach unless the information disclosed would have caused mental suffering, shame or humiliation to a person of ordinary sensibilities. 30. Merely stating those words in conclusory fashion does not constitute a sufficient factual averment. 31. No set of facts has been or can be pleaded to suggest that an un-named photograph accompanying a statement that an individual had pain, received undisclosed treatment, got better and is out of pain causes mental suffering, shame or humiliation to a person of ordinary sensibilities. 32. The Complaint fails to state a claim for intrusion upon seclusion. 33. To the extent the invasion of privacy counts assert misappropriation of name and likeness, the defendants must have appropriated to their own use or benefit the reputation, prestige, social or commercial standing, public interest or other values of the plaintiff's name or likeness. 4 34. The Complaint fails to allege the value that Herman Chiropractic appropriated from Plaintiffs, and no facts exist to support any benefit of either Plaintiff's reputation, prestige, social or commercial standing, public interest or any other value in their pictures (without even identifying their names). 35. The misappropriation of likeness invasion of privacy counts fail to state claims upon which relief may be granted, requiring dismissal with prejudice. 36. The Complaint must be dismissed in its entirety with prejudice. WHEREFORE, based upon the foregoing, Plaintiffs' Complaint against Herman Chiropractic fails to state claims upon which relief can be granted and the Complaint must be dismissed with prejudice. Respectfully submitted, ARTZ HEALTH LAW Charles I. ,Esquire I.D. #55747 200 North Third Street, Suite 12-B Harrisburg, PA 17101 (717) 238-9905 and Michael J. McCarrie, Esquire I.D. # 57671 1528 Walnut Street, Suite 1207 Philadelphia, PA 19103 (215) 735-0200 Attorneys for Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C. and Jason H. Herman DATED: May 10, 2007 5 CERTIFICATE OF SERVICE I, Charles I. Artz, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Karl E. Rominger, Esq. Rominger and Associates 155 South Hanover Street Carlisle, PA 17013 C_ Charles I. A s . DATED: May 10, 2007 r-~ O C? ~.~ °n ~.. ~~ ~ ~~=~`-~ ~ -~a 7 ,e ~~ ~ ~~ ,.rr, ;, MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendarrts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-2144 JURY TRIAL DEMANDED Pa.R.C.P. 1042.3 Certificate of Merit I, Karl E. Rominger, certify that: Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim. The claims made are for intentional torts and / or are within the common knowledge and experience of the fact-finder. Date: June 26, 2007 Respectfully Submitted ROMINGER & ASSOCIATES 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 Court ID # 81924 Attorney for Plaintiffs MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. FORMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA CML ACTION -LAW NO: 07-2144 JURY TRIAL DEMANDED Certificate of Service I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Pa.R.C.P. 1042.3 Certificate of Merit upon the following by depositing the same in the United States mail, postage prepaid, addressed as follows: Charles I. Artz, Esquire 200 North Third Street, Suite 12-B Harrisburg, Pennsylvania 17101 Michael J. McCarrie, Esquire 1528 Walnut Street, Suite 1207 Philadelphia, Pennsylvania 19103 Date: June 26, 2007 Respectfully Submitted ROMINGER & ASSOCIATES arl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 Court ID # 81924 Attorney for Plaintiffs < ~ -tri - t~.. _ rn c;s . -= N ,, ~' t7 ~ .~~ x_.., ' ~ ~' l":. t~3 SHERIFF'S RETURN - OUT OF COUNTY _ CASE NO: 2007-02144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC CTR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HERMAN CHIROPRACTIC CENTER INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 4th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers: ) .~.,~ _..-~ --_ Docketing 18.00 ~- ~"" °~> -~- Out of County 9.00 '" ~'"i'; ~;, ""~~ Surcharge 10.00 R. Thomas Kli Dep Franklin Co 122.77 Sheriff of Cu erland County Postage 4.86 164.63 / s'~~ 387 ~, 05/04/2007 ROMINGER & WHARE Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2007-02144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC CTR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HERMAN CHIROPRACTIC CENTER OF CARLISLE INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 15th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff ' s Costs : So answers ;_..,<~ °.~~ ~._----~ __. _.. Docketing 6.00 ~~~ Out of County .00 ~~--r'~"~r ~ ~~ Surcharge 10.00 R. Thomas Kline,` .00 Sheriff of Cumberland County .00 16.0 0 f S,a 307 ~-. 05/15/2007 ROMINGER & WHARE Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC CTR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HERMAN CHIROPRACTIC CENTER OF GETTYSBURG INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 15th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff ' s Costs : So answers. Docketing 6.00 "~~~~ ~~°"~~ J..- ~/ .:.:. Out of County . 00 ~~~r,.~r Surcharge 10.00 R.~ Thomas Kl e .00 Sheriff of Cu erland County .00 16.00 Y ;f~3fd~ ~- 05/15/2007 ROMINGER & WHARE Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC CTR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Him deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 15th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answer '. Docketing 6.00 :__ ~ -- .-- Out of County . 0 0 ,`~ ~;:~ Surcharge 10.00 R.~Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ~ 5/.73~0~ /'" 05/15/2007 ROMINGER & WHARF Sworn and subscribe to before me this day of in his bailiwick. He therefore A.D. SHERIFF'S RETURN - OUT OF COUNTY LASE NO: 2007-02144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC CTR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HERMAN JASON H but was unable to locate Him deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 15th 2007 this office was in receipt of the attached return from FRANKLIN --, ..,_ Sheriff ' s Costs : So answe~~~,~~ -' ,,...--y~~~ Docketing 6 . 0 0 ----r" - .~- f=f~~' Out of County .00 ~"~'~ Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.0 0 ~ ~r/~.3~0 ~ ~'- 05/15/2007 ROMINGER & WHARE Sworn and subscribe to before me this day of in his bailiwick. He therefore A.D. ~~ The Court of Co~ffion Pleas of Cu~nb~~l~nd County, Pennsylvania Mary Jane Zeigler et al V5. Herman Chiropractic Center Inc et al SERVE: Herman Chiropractic Center Inc No . 07-2144 civil Now, April 18 , 2007 ~ ~ j~ SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ, this Franklin deputation being made at the request and risk of the Plaintiff. /~ ' ~ p "+~~ Sheriff of Cumberland County, PA Affidavit ®f Service Now, , 20 , at within upon _ at by handing to a and made known to So answers, the contents thereof. Sheriff of ~ County, PA Sworn and subscribed before me this day of , 20 o'clock M. served the copy of the original COSTS SERVICE ~ $ MILEAGE AFFIDAVIT SHERIFF' S RETURN - REGULAR ~cE' ~ .~~~ ~iar'~ t -`"~~``~ CASE N0: 2007-00082 T ~~ -~tyy c1 f ,,, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN ZEIGZER MARY JANE ET AL VS HERMAN CHIROPRACTIC WILL =AM M KAUFFMAN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon HERMAN CHIROPRACTIC CENTER INC the DEFENDANT , at 0014:45 Hour, on-the 23rd day of April 2007 at 700 S PATOMAC STREET Deputy Sheriff of FRANKLIN WAYNESBORO, PA 17268 by handing to ADAM KRITZBERG (SUPERVISOR a true and attested copy of COMP CIVIL ACTION together with ~.~~~:.' a..t the same time directing His attention to the contents thereof . Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 WILLIAM KA FFM/,)A')I~ . 0 0 2ti--~! 1, .00 By .00 eputy Sherif .00 04/26/2007 KARL E ROMINGER Sworn and Subscribed to before _~~ me this ~ ~ day of 1/~n ^ f' /~ /1 1° 'VVV/ 11` ~ C~ ~ A D Notary Moi~riai Seal FSo1q~d 0. , Melary Public ~ fhnldM County My Caaanie~ian ~xpira Jan. 29, 2011 ~n Tie Court o~ Co~~.ou Pleas of Cu~b~rland County, P~nnsyivauia Mary Jane Zeigler et al VS. Herman Chiropractic Center Inc et al SERVE: Herman Chiropractic Center of Carlisle Inc No. 07-2144 civil Now, April 18 , 2007. ~ I~ SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this /~. Sheriff of Cumberland County, PA ~~d.aVlt of Serv1C~ Now, , 20 , at o'clock M. served the Wlthln upon at by handing to a copy of the original and made known to Sworn and subscribed before me this day of , 20 So answers, the contents thereof. Sheriff of ~ County, PA COSTS SERVICE ~ MILEAGE AFFIDAVIT .. CASE NO: 2007-00082 T SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC WILLIAM M KAUFFMAN CJ m ~-(a~d Coy ~ 4 Q 7 - a r y y ~;,, ; ~ Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION HERMAN CHIROPRACTIC CENTER OF CARLISLE INC was served upon DEFENDANT the at 0014:45 Hour, on the 23rd day of April 2007 at 700 S POTOMAC STREET WAYNESBORO, PA 17268 by handing to ADAM KRITZBERG (SUPERVISOR) a true and attested copy of COMP CIVIL ACTION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit . 00 Surcharge .00 .00 .00 Sworn and Subscribed to before ~, me this ~~ day of &D 0 - - n - So Answers: WILLIAM M KAUFF~Mj/JAN B '` / ' ~ Y eputy Sheriff 04/25/2007 KARL E ROMINGER ESQ FfMhNRC01M~ My C~om~ni~tion Expkw~ Jan. !!. X011 ~....+. ..,.. ,.. ~ .y~ w.i,, Y ~~{ ,t4~ i ~ t ~"'1~ ~n Tie C~~rt ®f C®~~aon ~'l~as ®f C~~b~r~and C®unty, Pennsylvania Mary Jane Zeigler et al VS. Herman Chiropractic Center Inc et al SERVE: Herman Chiropractic Center of Gettysburg Inc No, 07-2144 civil Now, April 18 , 2007 ~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this .~ ~,~~ .~ Sheriff of Cumberland County, PA Affidavit of Service Now, __ , 20 , at o'clock M. served the within upon _ at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of ~ County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE ~ MILEAGE AFFIDAVIT CASE NO: 2007-00082 T SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC WILLIAM M KAUFFMAN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon HERMAN CHIROPRACTIC CENTER OF GETTYSBURG INC the DEFENDANT at 0014:45 Hour, on the 23rd day of April 2007 at 700 S POTOMAC STREET WAYNESBORO, PA 17268 by handing to ADAM KRITZBERG (SUPERVISOR) a true and attested copy of COMP CIVIL ACTION together with and ~t the same time directing His attention to the contents thereof. Sheriff's Costs: Do~~eting . 00 Service .00 Affidavit . 0 0 Su~^c barge . 0 0 .00 .00 Sworn and Subscribed to before me this _~1!~ ~~~ day of ~~~ /~ 0 0 V ~ A.D. Notary ©~- ~~yy Deputy Sheriff of FRANKLIN So Answers: WILLIAM eputy Sherif 04/26/2007 KARL E ROMINGER ESQ No~1~M dal i~gawrd D. M . ' !~-; Nof,~ey Public C~NnbNSI~ B~oHD, Fratlldin Coolly My Canndasion spins Jan. 29, 2011 ' , ,. ~~ T'b~ C~~rt ®~ C®~~®xi ~~~as ~i Cuffib~r~a~d C~u~~y, Pe~a~sy~vania Mary Jane Zeigler et al VS. Heenan Chiropractic Center Inc et al SERVE: Lawrence S. Hernlan D.C. No. 07-2144 civil Now, April 18, 2007 , I, SHERIFF OF CUIV~ERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~. Sheriff of Cumberland County, PA .Affidavit of Service Now, , 20 , at o'clock M. served the Wlthln upon at ~ . by handing to a and made known to Sheriff of Sworn and subscribed. before me this day of , 20 copy of the original So answers, the contents thereof. COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - REGULAR CASE N0: 2007-00082 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC WILL =AM M KAUFFMAN ~' ~ m ~.e~ la~c~ ~O~n~-~ Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon HERMAN LAWRENCE S D.C. the DEFENDANT at 0014:45 Hour, on the 23rd day of April 2007 at 700 S POTOMAC STREET W!-~~l~TESBORO, PA 17268 ADAM KRITZBERG (SUPERVISOR) a true and attested copy of COMP CIVIL ACTION together with ar:-~. at the same time directing His attention to the contents thereof. She~i.ff's Costs: Do~l~eting . 00 Service .00 Affidavit . 0 0 Surcharge .00 .00 .00 Sworn and Su~~cribed to before me this _ ~ day of A.D. < ~ ~~ Notary by handing to So Answers: WILLIA,D~i M BY l N~~^-~~ / ~ ,~-~' Deputy Sheriff 04/26/2007 KARL E ROMINGER ESOI No1r1M sstl Ridard D. ~Ky, Motsry Public Chambersburg Bore, Franklin County My Commission Expin~s Jan. 29, 2011 ~ ~~ ~- In The Court of Common Pleas o~F Cumberland County, Pennsylvania Mary Jane Zeigler et al V5. Herman Chiropractic Center Inc et al SERVE: Jason H. Herman ~ No. 07-2144 civil Now, April 18 , 2007 ~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ ~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE - MILEAGE _ AFFIDAVIT County, PA o'clock M. served the CAaE NO: 2007-00082 T r SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN ZEIGLER MARY JANE ET AL VS HERMAN CHIROPRACTIC WILLIAM M KAUFFMAN ~' ~ m~Clard ~~~~ ~.~, a~yy Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon HERMAN JASON H DEFENDANT the at 0014:45 Hour, on the 23rd day of April 2007 at 7 00 S POTOMAC STREET WAYNESBORO, PA 17268 by handing to AD~iM KRITZBERG ( SUPERVISOR) a true and attested copy of COMP CIVIL ACTION together with a. a,' at the same time directing His attention to the contents thereof. Sheriff's Costs: Duc:~eting . 00 Service .00 Affidavit . 00 Sur. charge . 00 .00 .00 So Answers: WILLIAM KAUFFMAN B Y Deputy Sherif 04/26/2007 KARL E ROMINGER ESQ Sworn and Subscribed to before ~~ me this day of ~ n n-" A.D. r ~- Notary Noitritl $NI Richard D. filsCt~ty, i!loi~ry gnnnpersbung 8oro, Frmidin County iNy Commission Expires Jan. 29, 2011 MARY JANE ZEIGLER and JEAN BRYMESSER, Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-2144 CIVIL TERM JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Charles I. Artz, Esq., counsel for Defendants objects to each of the proposed subpoenas that are attached to these objections for the following reasons: Defendants object to each subpoena since they seek information which is not relevant to the subject matter in the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Specifically, Defendants object to the subpoenas as they constitute a fishing expedition seeking information not related in any way to the action filed. Further, Defendants have filed with this Court Preliminary Objections which were argued on July 11, 2007, and since no decision has been made regarding the Preliminary Objections which could result in the dismissal of the entire litigation, these subpoenas are premature. Respectfully submitted, ARTZ HEALTH LAW Charles I. squire I.D. #55747 200 North Third Street, Suite 12-B Harrisburg, PA 17101 (717) 238-9905 and Michael J. McCarrie, Esquire I.D. # 57671 1528 Walnut Street, Suite 1207 Philadelphia, PA 19103 (215) 735-0200 Attorneys for Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C. and Jason H. Herman DATED: August 21, 2007 2 MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: The Public Opinion 77 North 3'd Street Chambersburg, Pa 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Prothonotary/Clerk, Civil Division Date: Seal of the Court ' • MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: The Evening Sun 135 Baltimore Street Hanover, Pa 17331 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Prothonotary/Clerk, Civil Division Date: Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: The York Dispatch 205 North George Street York, Pa 17401 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: York Daily Record 122 South George Street York, Pa 17405 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Prothonotary/Clerk, Civil Division Date: Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: The Sentinel 457 East North 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: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Harrisburg Patriot News 812 Market Street Harrisburg, Pa 17105 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Prothonotary/Clerk, Civil Division Date: Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Central Penn Business Journal 101 North Second Street 2"a Floor Harrisburg, Pa 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: The Valley Times- Star 23 Big Spring Ave. Newville, Pa 17241 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., I-IRMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Gettysburg Times 1570 Fairfield Road Gettysburg, Pa 17325 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: The Echo-Pilot 29 Center Square Greencastle, Pa 17225 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Mercersburg Journal 11 South Main Street Mercersburg, Pa 17236 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court CERTIFICATE OF SERVICE I, Charles I. Artz, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Karl E. Rominger, Esq. Rominger and Associates 155 South Hanover Street Carlisle, PA 17013 ~ -~ ~----~ Charles I. sq. DATED: August 21, 2007 f..'~ N '~~ ; i '"~ y-- ~~ G;'S MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-2144 HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN . Defendants :JURY TRIAL DEMANDED MOTION TO ALLOW SERVICE OF SUBPOENAS AND NOW, comes Plaintiffs, by and through their attorney, Karl E. Rominger, Esquire of Ro®iuger aad Associates, and in support of their Motion avers as follows: 1. Plaintiffs received private medical services from Defendants. 2. Defendants kept record of their medical documentation and photographs. 3. After said medical services, numerous publications are believed to have occurred, of both general and public circulation of printed advertisements promoting Defendant's business, which included photographs of Plaintiffs and some biographical/medical information. 4. Neither Plaintiff authorized the pazticulaz use of their medical information and/or photograph or likeness. 5. On or about August 1, 2007, Plaintii~s counsel mailed multiple Notices of Intention to Serve Subpoenas to Defendant's Attorney Charles Artz, attached as Exhibit "A". 6. Defendant's Attorney filed Objections to Subpoena on or about August 21, 2007, attached as Exhibit "B". 7. Undersigned counsel believes the objections to the subpoenas should be overruled because counsel would like to see what advertisements actually ran in the newspapers and which newspapers, to determine the full scope of the harm. 8. The discovery requested in the subpoenas is rationally related to obtain admissible evidence. 9. This matter has not been before an individual Judge in Cumberland County. 10. The opposing party is most certainly opposed to this motion as he filed Objections to the Notice of Subpoenas on or about August 21, 2007. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to enter an Order allowing Plaintiffs' to serve subpoenas on Third parties in the form attached under Exhibit "A". Respectfully submitted, ROMINGER & ASSOCIATES Date: August 28, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Cazlisle, Pa 17013 (717) 241-6070 Attorney ID# 81924 Attorney for Plaintiffs MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-2144 HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., . LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN . Defendants :JURY TRIAL DEMANDED CERTIFIC TE OF ERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs', Mary Jane Zeigler and Jean Brymesser, do hereby certify that I this day served a copy of the Motion to AUow Service of Snb~poenas upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Charles I. Artz, Esquire 200 North Third Street 12~` Floor, Suite 12-B Harrisburg, Pa 17101 Date: August 28, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717)241-6070 Attorney ID# 81924 Attorney for Plaintiffs' MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., . and JASON H. HERMAN Defendants TO: Charles I. Ariz Artz I~ealth Law Z00 North Third Street 12"' Ftoor Suite 12-B Harrisburg, Pa 17101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED Karl E. t~oau~cer. Esquire. Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. DATE: ~~~ - ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff Exhibit "A" MARY JANE ZEIGLER and : [N THE COURT OF COMMON PLEAS JEAN BRYMESSER : OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVAN[A vs. : C[V[L ACTION -LAW NO: HERMAN CH[ROPRACTIC CENTER, fNC., HERMAN CHIROPRACTIC CENTER OF CARL[SLE, [NC., HERMAN CHIROPRACT[C CENTER OF GETTYSBURG, iNC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants :JURY TRIAL DEMANDED SUBPOENA TO ~"RODUCE DOCUMENTS OR THINGS )FOR DISCOVERY PURSUANT TO RULE 4889.22 To: The Public Opinion 77 North 3'~ Street Chxmbersburg, Pa 17201 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (t) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, [nc., Herman Chiropractic Center of Gettysburg, [nc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Cazlisle, PA 17013 (717) 241-6070 Supreme Court [D #81924 Date: BY THE COURT, Prothonotary/Clerk, Civil Division Seal of the Court MARY JAIv'E ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants TO: Charles I. Artz Artz Health Law 20{1 North Third Street 12~ Floor Suite 12-B Harrisburg, Pa 17101 [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED Karl E. R,g ng_w,,ger. Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. ~ / ~G, DATE: Karl E. Rominger, Esquire 155 South Hanover Street Cazlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR T GS FOR DISCOVERY PURSUANT TO RULE 4809 22 To: The Evening Sun 135 Baltimore Street Hanover, Pa 17331 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, [nc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image ofthe advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS [SSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID #81924 BY THE COURT, Prothonotary/Clerk, Civil Division Date: Seat of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants [?V' THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCEU1MfENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE. 4009.21 TO: Charles I. Arta Artz Health Law 200 North Third Street 12`~ Floor Suite 12-B Harrisburg, Pa 17101 Karl E. Rominaer. Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. ~ r ~.. DATE: f ~ Kazl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff MARY JAN E ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, [NC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, [NC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C[VIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TII~GS FOR DISCOVERY PURSUANT TO RULE 4~09Z2 To: The York Dispatch 20S North George Street York, Pa 17401 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court [D #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants TO: Charier I. Artz Artz Health Law 200 North Third Street 12`~ Floor Suite 12-B Harrisburg, Pa 17101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED Karl E. Ramiatger. Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. .-- ~~ ~ . DATE: ' ~ ~ l Z_ Kazl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C[VIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCU~'N'~'~0~.'GS FOR DISCOVERY PURSUANT TO RULE 4889.22 To: York Doily Record 122 South Georse Street York, Pa 17405 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (l) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court [D #81924 BY THE COURT, Date Prothonotary/Clerk, Civil Division Seal of the Court ~~ MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants TO: Charles I. Arta Ariz Health Law 200 North Third Street 12"' Flaor Suite 12-B Harrisburg, Pa 17101 [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED Karl E. Romiaser, Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. DATE: ~jf~' ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff .MARY JAN E ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, [NC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO .PRODUCE DOCUMENTS OR ')~$INGS FOR DISCOVERY PURSUANT TO RULE 4Al9.2Z To: The Sentinel 457 East North 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: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications; bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Kazl E. Rominger, Esquire Romiager & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court ~ ~ MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C[VIL ACTION -LAW NO: JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4®0~4Z1 TO: Charles I. Artz Ariz Health Law 200 North Third Street 12`a Fioor Suite 12-B Harrisburg, Pa 17101 Karl E. Romin.Qer. Esauire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. DATE: J "~l ~C -----~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff ~ ~ •NtARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C[V[L ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Harrisburg Patriot News 812 Market Street Harrisburg, Pa 17105 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, [nc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS [SSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Prothonotary/Clerk, Civil Division Date: Seal of the Court ~~ MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JA50N H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED NOTICE OF INTENT TO, SERVE A SU„~POENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY FUILSUANT TO RULE ~A9.21 TO: Charles I. Artz Artz Health Law 200 North Third Street 12`~ Floor Suite 12-B Harrisburg, Pa 17101 Kurt E. Ro®inaer, Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. DATE: ~J ~~' ~ Karl E. Rominger, Esquire 155 South Hanover Street Cazlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff s "MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS )~R DISCOVERY PURSUANT TO RULE 40+0922 To: Central Penn Business Journal 101 North Secoud Street 2°d Floor Harrisburg, Pa 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc.., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Romiager & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Date Prothonotary/Clerk, Civil Division Seal of the Court . ~' MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Charles I. Artz Artz Health Law 200 North Third. Street 12~ Floor Suite 12-B Harrisburg, Pa 17101 Karl E. Ramin¢er. Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. ~ n DATE: C~ , i ~G 7 _~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff 0 + ' '~ MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, I1V`C., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA. TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4d99ZZ To: The Valley Times- Star 23 Big Spring Ave. Newville, Pa 17241 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman. Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Karl E. Rominger, Esquire Romia~r & Associates I55 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Date Prothonotary/Clerk, Civil Division Seal of the Court ,~ MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Charles I. Ariz Artz Health Law 200 North Third Street 12~' Floor Suite 12-B Harrisburg, Pa 17101 Karl E. Rominaer. Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. DATE: O ~/~/L~~ Karl E. Rominger, Esquire 155 South Hanover Street Cazlisle, PA 17013 717-241-6070 Attorney [D No. 81924 Attorney for Plaintiff ~ , ~~11~ARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, LNC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA. TO PRODUCE DOCUMENTS OR TIIIl~iGS FOR DISCOVERY PURSUANT TO RULE 4009.ZZ To: Gettysburg Times 1570 Fairfield Road Gettysburg, Pa 17325 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (I) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address Listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. [f 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: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717} 241-6070 Supreme Court [D #81924 BY THE COURT, Date Prothonotary/Clerk, Civil Division Seal of the Court MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C[V[L ACTION -LAW NO: JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DQCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4fM49.21 TO: Charles I. Artz Artz Health Law 200 North Third Street 12"' Floor Suite 12-B Harrisburg, Pa 17101 Karl E. Rominger. Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20} day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. /~ , DATE: '~/ ~~~ ~ :~--- Karl E. Rominger, Esquire 155 South Hanover Street Cazlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff ~' MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4g(1f9.22 To: The Echo-Pilot 29 Center Square Greencastle, Pa 17225 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (1) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificaxe 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: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (7 l 7) 241-6070 Supreme Court [D #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court ~ C~ MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants TO: Charles I. Artz Artz Health Law 200 North Third Street 12« Floor Suite 12-B Harrisburg, Pa 17101 [N THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: JURY TRIAL DEMANDED Karl E. Romin$er, Esquire, Attorney for Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, then the subpoena may be served. If no objection is made the subpoena may be served. DATE: ~ / ~ / ~ 1 .__~.`.' _ __ Kazl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Attorney ID No. 81924 Attorney for Plaintiff * `'~ MARY JANE ZEIGLER and JEAN BRYMESSER Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: NRY TRIAL DEMANDED SUBPOENA TO PR UCE DOCU~~N, OR 'SINGS FOR DISCOVERY PURSUANT TO RULE 4044.22 To: Mercersburg Journal 11 South Malin Street Mercersburg, Pa 17236 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: (I) Any and all advertisements purchased by or on behalf of Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C., and Jason H. Herman in your paper or any other publication(s) you produce that were published from 2000 to present including, but not limited; to an image of the advertisements themselves, communications, bills, receipts, drafts, layouts, statements of accounts, and the like. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. [f 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: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 BY THE COURT, Date: Prothonotary/Clerk, Civil Division Seal of the Court +, ~~' MARY JANE ZEIGLER and JEAN BRYMESSER, Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC . , HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN, Defendants OBJECTIONS TO SUBPOENA PURSUANT TO RULE 40A9.21 Charles I. Artz, Esq. , counsel for Defendants objects to each of the proposed subpoenas that are attached to these objections for the following reasons: Defendants object to each subpoena since they seek information which is not relevant to the subject matter in the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Specifically, Defendants object to the subpoenas as they constitute a fishing expedition seeking information not related in any way to the action filed. Further, Defendants have filed with this Court Preliminary Objections which were argued on July 11, 2007, and sire no decision has been made regarding the Preliminary Objections which could result in the dismissal of the entire litigation, these subpoenas aze premature. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-2144 CIVIL TERM JURY TRIAL DEMANDED Respectfully submitted, ARTZ HEALTH LAW Chazles I. ire LD. #55747 200 North Third Street, Suite 12-B Harrisburg, PA 17101 (717) 238-9905 and Exhibit "B" :w * nr' Michael J. McCame, Esquire I.D. # 57671 1528 Walnut Street, Suite 1207 Philadelphia, PA 19103 (215) 735-0200 Attorneys for Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Censer of Gettysburg, Inc . , Lawrence S. Herman, D.C. acid Jason H. Hem~an DATED: August 21, 2007 2 C'] ~ ~ * .{ ~ ~ '' , .-~-~ =- .,. _, t ... ra =~ ti ~ ~ MARY JANE ZEIGLER and JEAN BRYMESSER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., And JASON H. HERMAN, Defendants N0.2007 - 2144 CIVIL TERM CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 6~ day of SEPTEMBER, 2007, a conference to resolve Defendants' "Objection to Subpoena Pursuant to Rule 4009.21"will be held on FRIDAY, SEPTEMBER 21, 2007, at 9;15 a.m. in Courtroom # 3. By the Court, Edward E. Guido, J. Karl Rominger, Esquire Charles I. Ariz, Esquire :sld ::~;:~ ++ iY'~ L~ cal `~{ . 1' ~~Ot~ll r ~~1rt L'~ d ~~~ ~~' ~ t 4 MARY JANE ZEIGLER And JEAN BRYMESSER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., & JASON H. HERMAN, Defendants N0.2007 - 2144 CIVIL TERM CIVIL ACTION -LAW IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE BAYLEY. GUIDO. JJ. ORDER OF COURT AND NOW, this 12~ day of SEPTEMBER, 200'7, after having reviewed the briefs filed by the parties and having heard argument thereon Defendants' Preliminary Objections will be GRANTED in part. The preliminary objection in the nature of a demurrer to the two counts for "conversion" are GRANTED by agreement. The preliminary objections in the nature of a demurrer to the separate counts for "punitive damages" are GRANTED. However, the request that the claim for punitive damages be stricken is DENIED.1 The remaining preliminary objections in the nature of a demurrer 1 The law is clear that "(a) request for punitive damages does not constitute a cause of action in and of itself" but is merely incidental to an independent cause of action. Nix v. Temple University, 596 A.2d 1132 at 1138 (Pa.Super (1991). In the instant case the allegations contained in the counts for "invasion of privacy" and "breach of patient confidentiality" are sufficient to sustain a request for punitive damages at this stage of the proceedings. d r~ to the counts for "invasion of privacy" and "breach of patient confidentiality" aze DENIED. Edwazd E. Guido, J. ~hazles I. Artz, Esquire ~arl E. Rominger, Esqu Court Administrator :sld ~s~ !~ .. ~~ sE ~d ~ ~ ~~ ~.~~+ ~~ :~ MARY JANE ZEIGLER and JEAN BRYMESSER, Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO: 07-2144 CIVIL TERM JURY TRIAL DEMANDED ANSWER IN OPPOSITION TO MOTION TO ALLOW SERVICE OF SUBPOENAS Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C. and Jason H. Herman (collectively for ease of reference "Herman Chiropractic"), by and through their attorneys, Artz Health Law, hereby file their Answer in Opposition to Plaintiffs' Motion to Allow Service of Subpoenas pursuant to Pa. R.C.P. 208.3 and Rule 208.3(a) of the Rules of the Court of Common Pleas of Cumberland County as follows: 1. Denied as stated. Plaintiffs sought and received chiropractic care through Herman Chiropractic and proof to the contrary is demanded. 2. Denied as stated. Herman Chiropractic maintains medicaUchiropractic records of all patients in accordance with applicable law. Plaintiffs consented to the maintenance by Herman Chiropractic of their photographs. Proof to the contrary of the above is demanded. 3. Denied as stated. It is specifically denied that "numerous" publications of "general" circulation promoting Herman Chiropractic's business included any information concerning, or photographs of, Plaintiffs. It is further specifically denied that any particulaz advertisement by Herman Chiropractic in a local newspaper included any "medical" information. It is further specifically denied that any particulaz advertisement by Herman Chiropractic in a local newspaper included any information or photograph not authorized by Plaintiffs. Froof to the contrary of the above is demanded. 4. Denied. It is specifically denied that Plaintiffs did not authorize the particulaz use of their "medical" information and/or photograph or likeness. It is further specifically denied that any particulaz advertisement by Herman Chiropractic in a local newspaper included any "medical" information. On the contrary, both Plaintiffs individually authorized the use by Herman Chiropractic of information contained in their handwritten testimonials concerning the benefits of chiropractic caze rendered by Herman Chiropractic as well as their photographs for the purpose of promotion. Proof to the contrary of the above is demanded. 5. Admitted. 6. Admitted. 7. This allegation contains neither facts related to this case nor a conclusion of law based on legal authority as required by the Pennsylvania Rules of Civil Procedure, and is nothing more than opposing counsel's desire for the Court to permit him to engage in a fishing expedition because he wishes to do so. Herman Chiropractic reiterates its objections to the proposed third-party subpoenas as if fully set forth herein. 8. This allegation is a conclusion of law to which no response is required. To the extent it is deemed factual, the allegation is denied. It is specifically denied that the discovery requested in the subpoenas is rationally related to obtain admissible evidence. On the contrary, the subpoenas aze overly broad, unduly burdensome to multiple news agencies, not reasonably 2 calculated to lead to the discovery of admissible evidence and constitute nothing more than a fishing expedition designed to obtain information irrelevant to the pending action. Further, the subpoenas aze sought in bad faith and/or for the purpose of causing burden or expense to Defendants and interruption in the orderly and efficient disposition of the case by the Court in that Defendant's Preliminary Objections, which could result in the dismissal of this litigation, were argued on July 11, 2007 before the Honorable Edgaz B. Bayley and the Honorable Edwazd E. Guido sitting en Banc and aze pending decision by the Court. Proof to the contrary of all of the above is demanded. 9. While it is admitted that a decision has not yet been rendered by an individual judge in this matter, Herman Chiropractic's Preliminary Objections filed on or about May 19, 2007 were azgued on July 11, 2007 before the Honorable Edgaz B. Bayley and the Honorable Edwazd E. Guido sitting en banc and aze pending. decision by the Court. His Honor Judge Guido has issued an order setting a discovery conference for September 21, 2007. 10. Admitt~, for all of the reasons stated in the Objections. WHEREFORE, Herman Chiropractic respectfully requests this Honorable Court deny Plaintiffs' motion to allow service of subpoenas on multiple third parties. Respectfully submitted, ARTZ HE TH LAW Chazles I. ,Esquire I.D. #55747 April L. McClaine, Esquire I.D. # 26433 200 North Third Street, Suite 12-B Harrisburg, PA 17101 (717) 238-9905 3 A~td Michael J. McCazrie, Esquire I.D. # 57671 1528 Walnut Street, Suite 1207 Philadelphia, PA 19103 (215) 735-0200 Attorneys for Herman Chiropractic Center, Inc., Herman Chiropractic Center of Cazlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C. and Jason H. Herman DATED: September ~Z,2007 4 CERTIFICATE OF SERVICE I, Charles I. Artz, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Karl E. Rominger, Esq. Rominger and Associates 155 South Hanover Street Carlisle, PA 17013 Charles L Esq. DATED: September ~~' , 2007 ~ O ~ ~~ n-a ` ~ ~ ~ ~r ~ ~ Y~ -< ...: ~.~; W ~,. _, ~~ ` ~ ~ ~' Q MARY JANE ZEIGLER and JEAN BRYMESSER, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HERMAN CHIROPRACTIC CENTER,: INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN, Defendants N0. 07-2144 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 21st day of September, 2007, after conference with counsel, the objections to the subpoenas propounded by Plaintiff are granted in part. Plaintiff shall delete the following language from the proposed subpoenas, "drafts, layouts, statements of accounts, and the like." In addition, the period for the information shall be from 2005 forward rather than 2000 forward. In all other respects, the objections are overruled. Carl E. Rominger, Esquire Rominger & Associates For the Plaintiffs ~pril L. McClaine, Esquire Artz Health Law For the Defendants srs Edward E. Guido, J. ~iltV~1~~1~rr~'~~~r,~~(1'J ~,~~~iti~.''r^ z :o~ ~ s~ ass ~aoZ ~~~ ~~ a~~ MARY JANE ZEIGLER and JEAN BRYMESSER, Plaintiffs vs. HERMAN CHIROPRACTIC CENTER, INC., HERMAN CHIROPRACTIC CENTER OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF GETTYSBURG, INC., LAWRENCE S. HERMAN, D.C., and JASON H. HERMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO: 07-2144 CNIL TERM To the Plaintiffs: You are hereby notified to plead to the within New Matter of Defendants within twenty (20) days of service upon you or a judgment by default may be entered against you. JURY TRIAL DEMANDED (Judge Edward E. Guido) DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT Defendants, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C. and Jason H. Herman (collectively "Herman Chiropractic"), by and through their counsel, Artz Health Law, file this Answer and New Matter to the Complaint filed against them by Plaintiffs Mary Jane Zeigler and Jean Brymesser ("Plaintiffs"), and in support thereof, aver as follows: ANSWER 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Most of the statements in this pazagraph aze admitted; however, Mr. Jason Herman is not a doctor of chiropractic. 8. This pazagraph states conclusions of law to which no response is required. To the extent the allegations aze considered factual, they are denied. It is specifically denied that any "invasions" occurred at any time in any place by any Herman Chiropractic Defendant and proof to the contrary is demanded. It is further specifically denied that any publication not authorized by Plaintiffs occurred in Cumberland County or any other jurisdiction, and proof to the contrary is demanded. 9. Denied as stated. It is admitted only that Plaintiffs sought and obtained certain chiropractic care from health care providers employed by Herman Chiropractic Center of Carlisle, Inc., and proof to the contrary is demanded. 10. Denied as stated. It is admitted only that Herman Chiropractic Center of Cazlisle, Inc. maintained health care records of Plaintiffs in accordance with law applicable to the maintenance of such records and proof to the contrary is demanded. 11. Denied as stated. While it is admitted that Herman Chiropractic corporate practice entities promote chiropractic care through print media, the remaining allegations in this pazagraph are denied because after reasonable investigation, Herman Chiropractic is unable to ascertain the truth or falsity of, or what is meant by, "various dates and times"; the truth or falsity of, or what is meant by, "numerous publications of general and public circulation"; and the truth or falsity of , or what is meant by, "various photographs and advertisements" . Proof to the contrary is demanded. 12. Denied as stated. It is admitted that Plaintiffs' photographs appeared in one or more advertisements of Herman Chiropractic corporate entities promoting chiropractic caze. It 2 is denied that "some biographical/medical information" relating to Plaintiffs appeared in any such promotional materials. It is further denied that advertisements ran in "many different sizes, configurations, and specific formats" inasmuch as after reasonable investigation, Herman Chiropractic is unable to ascertain the truth or falsity of, or what is meant by, such allegations and proof thereof is demanded if relevant. By way of further answer, Herman Chiropractic avers that both Plaintiffs specifically consented to the use of their pictures and testimonials for the purpose of promoting chiropractic care by Herman Chiropractic and proof to the contrary is demanded. 13. Denied. After reasonable investigation, Herman Chiropractic is unable to ascertain the truth or falsity of this allegation and the same is therefore specifically denied and proof thereof demanded. By way of further answer, Herman Chiropractic avers that both Plaintiffs specifically consented to the use of their pictures and testimonials for the purpose of promoting chiropractic care by Herman Chiropractic, and proof to the contrary is demanded. 14. Denied. The allegations of this paragraph are denied in that after reasonable investigation Herman Chiropractic is unable to ascertain the truth or falsity of the allegations and proof thereof is demanded. 15. The statement advanced in this paragraph purporting to reserve to Plaintiffs the right to "expand and amplify their claims after discovery" states a conclusion of law or prayer for relief which does not require an answer. Plaintiffs' allegation in this paragraph that "images and ads were used on prior and subsequent dates and times" is specifically denied in that Herman Chiropractic is unable to ascertain the factual basis for this allegation nor after reasonable investigation is it able to ascertain the truth or falsity or even what exactly Plaintiffs are alleging and the allegations are therefore denied. Proof of the above to the contrary is demanded. 16. Denied. It is specifically denied that neither Plaintiff authorized the particular use of their medical information and/or photo or likeness. On the contrary, both Plaintiffs specifically authorized and consented to the use of their pictures and testimonials for advertising purposes in promoting chiropractic care, Plaintiff Zeigler having executed a Consent form dated December 1, 1999 and Plaintiff Brymesser having executed a Consent form dated July 21, 2000, and proof to the contrary is demanded. By way of further answer, no advertisement identified in the Complaint or otherwise contained any diagnoses or treatment information constituting privileged health information, and proof to the contrary is demanded. 17. Denied as stated. It is admitted only that the letter executed by Plaintiffs' counsel speaks for itself and any summary characterization thereof is specifically denied. 18. Denied as stated. It is admitted only that the letter executed by Herman Chiropractic's counsel speaks for itself and any summary characterization thereof is specifically denied. 19. Denied. After reasonable investigation, Herman Chiropractic is unable to ascertain the truth or falsity of this allegation. By way of further answer, there is neither a date nor identity of the purported publication source or any identity for any person whose image appears in the noted Exhibit and proof thereof is demanded. 20. This allegation states a conclusion of law to which no response is required. To the extent the allegation is deemed factual, it is specifically denied that Herman Chiropractic in any way violated the Health Insurance Portability and Accountability Act ("HIPAA") or the regulations implementing the Privacy Rule contained in HIPAA. It is further specifically 4 denied that any private right of action exists under HIPAA that enables Plaintiffs to enforce its terms. It is further specifically denied that the Consents executed by Plaintiffs were not knowingly and intelligently given or that such Consents even implicated HIPAA at the time they were executed. Proof to the contrary of all of the above is demanded. 21. The allegations of this paragraph state conclusions of law to which no response is required. To the extent the allegations are deemed factual, they are each specifically denied. By way of further answer, Herman Chiropractic avers that violations of HIPAA and the regulations implementing it (which Herman Chiropractic specifically denies) do not give rise to a private right of action in Plaintiffs and proof to the contrary is demanded. By way of further answer, Herman Chiropractic denies that any information which could qualify as personal health information, under HIPAA or otherwise, was released without Plaintiffs' or any patient's consent at any time and proof to the contrary is demanded. 22. The allegation at this paragraph states a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specif cally denies that HIPAA is relevant to the facts of this case or that a private right of action exists under HIPAA and proof to the contrary is demanded. 23. The allegation at this paragraph states a conclusion of law to which no response is required. To the extent a response is deemed to be required, Herman Chiropractic avers that the authorizations executed by Plaintiffs to use their written testimonials and pictures for advertising purposes for the promotion of chiropractic care validly formed the basis for Herman Chiropractic's advertisements at issue in this case, and proof to the contrary is demanded. 5 24. The allegation at this paragraph is a conclusion of law to which no response is required. To the extent a response is deemed to be required, Herman Chiropractic avers that the Consents executed by each of the Plaintiffs specifically authorize the use of their testimonials and pictures for the purpose of promoting chiropractic care by Herman Chiropractic, that that is precisely how the testimonials and pictures were utilized and proof to the contrary is demanded. By way of further answer, Herman Chiropractic avers that the promotion of chiropractic care and the promotion of the Herman Chiropractic business of providing chiropractic care are not mutually exclusive concepts, but one in the same, and proof to the contrary is demanded. 25. Denied. After reasonable investigation, Herman Chiropractic is unable to ascertain the truth or falsity of this allegation and the same is therefore denied. Proof thereof is demanded. By way of further answer, Herman Chiropractic avers that the authorizations executed by Plaintiffs to use their written testimonials and pictures for advertising purposes for the promotion of chiropractic care validly formed the basis for Herman Chiropractic's advertisements at issue in this case, and proof to the contrary is demanded. 26. Denied. It is specifically denied that advertisements appended to the Complaint were sensationalized in any way by Herman Chiropractic or that they in any way cast either Plaintiff in an embarrassing light or with "disfavor." It is further denied that the advertisements were "not flattering" inasmuch as Plaintiffs' photographs used in the advertisements promoting chiropractic care by Herman Chiropractic accurately portrayed the physical characteristics of Plaintiffs, were never retouched, but rather were published as Plaintiffs actually appeared. Proof to the contrary of all of the above is demanded. 27. The allegations of this paragraph state conclusions of law to which no response 6 is required. To the extent a response is deemed to be required, the allegations are denied inasmuch as after reasonable investigation, Herman Chiropractic is unable to ascertain the truth or falsity of the allegations, and proof thereof is demanded. By way of further answer, it is specifically denied that Herman Chiropractic violated any "norms" of medical practitioners or business behavior toward customers (or to what "norms" Plaintiffs aver), or that Herman Chiropractic did not conform in all ways with reasonable standards, codes of conduct or industry customs, and proof to the contrary is demanded. 28. This paragraph does not require a response. Invasion of Privacy Zeigler v Herman Chiropractic Center, Inc. et al. 29. Herman Chiropractic incorporates its answers to ~ 1 through ~ 28 by reference as if fully set forth herein. 30. The allegation of this paragraph states a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specifically denies that it in any way invaded Plaintiff Zeigler's privacy or published her private affairs in any way not authorized by Plaintiff Zeigler and proof to the contrary is demanded. 31. The allegation of this paragraph states a conclusian of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specifically denies that it invaded Plaintiff's privacy either intentionally or otherwise or that any advertisements which included Plaintiff s testimonials or picture were not specifically authorized by Plaintiff and proof to the contrary is demanded. 32. The allegation of this paragraph constitutes a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic 7 specifically denies that Plaintiff's identity, course of care, results of care or medical procedures were published in any forum and proof to the contrary is demanded. 33. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that it at any time published private information which was not specifically authorized by Plaintiff and specifically denies that it intruded upon Plaintiff's seclusion or gave publicity to a private life not otherwise authorized, and proof to the contrary of all of the above is demanded. 34. The allegations of this pazagraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that any material which it has ever published has been highly offensive or shocking to any reasonable person's sensibilities and proof to the contrary is demanded. 35. The allegation of this paragraph constitutes a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specifically denies that any information it has "released" is not of legitimate concern, public or otherwise, and proof to the contrary is demanded. 36. To the extent the allegations of this paragraph constitute conclusions of law, they require no response. To the extent such allegations are considered factual, Herman Chiropractic denies the allegations of this paragraph inasmuch as after reasonable investigation it is unable to ascertain the truth or falsity of the allegations and proof of all said allegations is demanded. Herman Chiropractic specifically denies that Plaintiff has suffered any damages for which Herman Chiropractic is liable, and proof to the contrary is demanded. 8 37. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that it owes Plaintiff for the use of her image and/or for profits, if any, derived from the use of her photo, with her consent, for the promotion of chiropractic care and proof to the contrary is demanded. 38. This allegation constitutes a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specifically denies that any of its actions caused harm to Plaintiff whether direct, proximate or otherwise, and proof to the contrary is demanded. WHEREFORE, Herman Chiropractic requests that this Honorable Court dismiss Plaintiff Zeigler's Complaint with prejudice and enter judgment in its favor and against Plaintiff Zeigler for attorneys' fees and costs of this litigation. Breach of Patient Confidentiality by a Health Care Provider Zeigler v. Herman Chiropractic Center. Inc.. et al. 39. Herman Chiropractic incorporates its answers to ~ 1 through ~ 38 by reference as if fully set forth herein. 40. Denied as stated. It is admitted that Herman Chiropractic corporate businesses are organized for the purpose of providing health care services, including chiropractic services, to the public through licensed health care providers. It is admitted that Lawrence S. Herman, D.C. is a licensed chiropractor authorized to provide chiropractic services in Pennsylvania, but denied that Dr. Herman at any time provided chiropractic services to Plaintiff Zeigler. It is denied that Jason H. Herman has ever provided health care services to any person, including Plaintiff Zeigler, and proof to the contrary is demanded of all of the above. 9 41. Denied as stated. While it is admitted that Plaintiff Zeigler has a reasonable expectation of privacy when obtaining medical and/or chiropractic services, it is denied that she obtained health care services from any Defendant except Herman Chiropractic Center of Carlisle, Inc. and proof to the contrary is demanded. By way of further answer, it is denied that either Plaintiff Zeigler's identity or the procedures she underwent while under the care of Herman Chiropractic Center of Carlisle, Inc. were ever publicly disclosed and proof to the contrary is demanded. 42. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that it breached any duty of confidentiality to Plaintiff or that it "released" her medical records at any time, and proof to the contrary is demanded. Herman Chiropractic further denies that it used Plaintiff Zeigler's photograph or other personal information without her specific written authorization and consent and proof to the contrary is demanded. 43. Denied. It is specifically denied that Herman Chiropractic did not have specific written authorization and consent from Plaintiff Zeigler to use her picture and testimonials for advertising purposes for the purpose of promoting chiropractic care and proof to the contrary is demanded. 44. To the extent the allegations of this paragraph constitute conclusions of law, they require no response. To the extent such allegations are deemed to be factual, Herman Chiropractic denies the allegations inasmuch as after reasonable investigation it is unable to ascertain the truth or falsity of the allegations and proof thereof is demanded. By way of further answer, Herman Chiropractic specifically denies that Plaintiff has suffered any damages for which Herman Chiropractic is liable, and proof to the contrary is demanded. 10 45. The allegations of this paragraph state conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that it breached any applicable standard or duty of care and proof to the contrary is demanded. By way of further answer, Plaintiff Zeigler has no private right of action under HIPAA and proof to the contrary is demanded. WHEREFORE, Herman Chiropractic requests that this Honorable Court dismiss Plaintiff Zeigler's Complaint with prejudice and enter judgment in its favor and against Plaintiff Zeigler for attorneys' fees and costs of this litigation. Conversion Zeigler v. Herman Chiropractic Center, Inc., et al. 46-51. The allegations of these paragraphs were dismissed by the Court by Order dated September 12, 2007 when it granted Herman Chiropractic's preliminary objection in the nature of a demurrer to this count. Punitive Damages Zeigler v. Herman Chiropractic Center, Inc., et al. 52-57. The allegations of these paragraphs were dismissed by the Court by Order dated September 12, 2007 when it granted Herman Chiropractic's preliminary objection in the nature of a demurrer to this count. Invasion of Privacy Brymesser v. Herman Chiropractic Center, Inc., et al. 58. Herman Chiropractic incorporates its answers to ~ 1 through ~ 57 by reference as if fully set forth herein. 59. The allegation of this paragraph states a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specifically 11 denies that it in any way invaded Plaintiff Brymesser's privacy or published her private affairs in any way not authorized by Plaintiff Brymesser and proof to the contrary is demanded. 60. The allegation of this paragraph states a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specifically denies that it invaded Plaintiff's privacy either intentionally or otherwise or that any advertisements which included Plaintiff's testimonials or picture were not specifically authorized by Plaintiff and proof to the contrary is demanded. 61. The allegation of this paragraph constitutes a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specifically denies that Plaintiff's identity, course of care, results of care or medical procedures were published in any forum and proof to the contrary is demanded. 62. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that it at any time published private information which was not specifically authorized by Plaintiff and specifically denies that it intruded upon Plaintiff's seclusion or gave publicity to a private life not otherwise authorized, and proof to the contrary of all of the above is demanded. 63. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that any material which it has ever published has been highly offensive or shocking to any reasonable person's sensibilities and proof to the contrary is demanded. 64. The allegation of this paragraph constitutes a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic 12 specifically denies that any information it has "released" is not of legitimate concern, public or otherwise, and proof to the contrary is demanded. 65. To the extent the allegations of this paragraph constitute conclusions of law, they require no response. To the extent such allegations are considered factual, Herman Chiropractic denies the allegations of this paragraph inasmuch as after reasonable investigation it is unable to ascertain the truth or falsity of the allegations and proof of all said allegations is demanded. Herman Chiropractic specifically denies that Plaintiff has suffered any damages for which Herman Chiropractic is liable, and proof to the contrary is demanded. 66. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that it owes Plaintiff for the use of her image and/or for profits, if any, derived from the use of her photo, with her consent, for the promotion of chiropractic care and proof to the contrary is demanded. 67. This allegation constitutes a conclusion of law to which no response is required. To the extent the allegation is deemed factual, Herman Chiropractic specifically denies that any of its actions caused harm to Plaintiff whether direct, proximate or otherwise, and proof to the contrary is demanded. WHEREFORE, Herman Chiropractic requests that this Honorable Court dismiss Plaintiff Brymesser's Complaint with prejudice and enter judgment in its favor and against Plaintiff Brymesser for attorneys' fees and costs of this litigation. 13 Breach of Patient Confidentiality by a Health Care Provider Brymesser v. Herman Chiropractic Center, Inc., et al. 68. Herman Chiropractic incorporates its answers to ~ 1 through ~ 67 by reference as if fully set forth herein. 69. Denied as stated. It is admitted that Herman Chiropractic corporate businesses are organized for the purpose of providing health care services, including chiropractic services, to the public through licensed health care providers. It is admitted that Lawrence S. Herman, D.C. is a licensed chiropractor authorized to provide chiropractic services in Pennsylvania, but denied that Dr. Herman at any time provided chiropractic services to Plaintiff Brymesser. It is denied that Jason H. Herman has ever provided health care services to any person, including Plaintiff Brymesser, and proof to the contrary is demanded of all of the above. 70. Denied as stated. While it is admitted that Plaintiff Brymesser has a reasonable expectation of privacy when obtaining medical and/or chiropractic services, it is denied that she obtained health care services from any Defendant except Herman Chiropractic Center of Carlisle, Inc. and proof to the contrary is demanded. By way of further answer, it is denied that either Plaintiff Brymesser's identity or the procedures she underwent while under the care of Herman Chiropractic Center of Carlisle, Inc. were ever publicly disclosed and proof to the contrary is demanded. 71. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that it breached any duty of confidentiality to Plaintiff or that it "released" her medical records at any time, and proof to the contrary is demanded. Herman Chiropractic further denies that it used Plaintiff Brymesser's photograph or other personal information 14 without her specific written authorization and consent and proof to the contrary is demanded. 72. Denied. It is specifically denied that Herman Chiropractic did not have specific written authorization and consent from Plaintiff Brymesser to use her picture and testimonials for advertising purposes for the purpose of promoting chiropractic care and proof to the contrary is demanded. 73. To the extent the allegations of this paragraph constitute conclusions of law, they require no response. To the extent such allegations are deemed to be factual, Herman Chiropractic denies the allegations inasmuch as after reasonable investigation it is unable to ascertain the truth or falsity of the allegations and proof thereof is demanded. By way of further answer, Herman Chiropractic specifically denies that Plaintiff has suffered any damages for which Herman Chiropractic is liable, and proof to the contrary is demanded. 74. The allegations of this paragraph state conclusions of law to which no response is required. To the extent the allegations are deemed factual, Herman Chiropractic specifically denies that it breached any applicable standard or duty of care and proof to the contrary is demanded. By way of further answer, Plaintiff Brymesser has no private right of action under HIPAA and proof to the contrary is demanded. WHEREFORE, Herman Chiropractic requests that this Honorable Court dismiss Plaintiff Brymesser's Complaint with prejudice and enter judgment in its favor and against Plaintiff Brymesser for attorneys' fees and costs of this litigation. 15 Conversion Brymesser v Herman Chiropractic Center, Inc., et al. 75-80. The allegations of these paragraphs were dismissed by the Court by Order dated September 12, 2007 when it granted Herman Chiropractic's preliminary objection in the nature of a demurrer to this count. Punitive Damages Brymesser v Herman Chiropractic Center, Inc., et al. 81-86. The allegations of these paragraphs were dismissed by the Court by Order dated September 12, 2007 when it granted Herman Chiropractic's preliminary objection in the nature of a demurrer to this count. WHEREFORE, Herman Chiropractic Center, Inc. , Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C. and Jason H. Herman request that this Honorable Court dismiss this entire Complaint with prejudice and enter judgment in their favor and against Plaintiffs for attorneys' fees and costs of this litigation. NEW MATTER 87. Herman Chiropractic's answers to ~ 1 through ~ 86 are incorporated by reference as defenses as if fully set forth herein. 88. Plaintiffs fail to state claims upon which relief can be granted. 89. Plaintiffs' claims are barred by the applicable statutes of limitations. 90. Pennsylvania jurisprudence forecloses private rights of action absent specific legislative intent. 91. Neither the Health Insurance Portability and Accountability Act nor the Privacy regulations adopted by the U.S. Department of Health and Human Services contain any 16 language creating a private cause of action for violations thereof that may be maintained by Plaintiffs in this case. 92. The invasion of privacy and breach of confidentiality claims are completely preempted by the Administrative Simplification Compliance Act, 42 U.S.C. §13204-7(a)(1). 93. In order to sustain a cause of action for breach of confidentiality by a chiropractor, a plaintiff must demonstrate that information concerning plaintiff's diagnosis, prognosis, treatment plan or procedures has been released by plaintiff's health care provider without plaintiff s authorization or consent. 94. Plaintiffs cannot sustain causes of action for breach of confidentiality against Herman Chiropractic. 95. Both Plaintiffs expressly consented to the use of their testimonials and pictures for advertising purposes for the purpose of promoting chiropractic care. 96. Plaintiff Zeigler executed a Consent to same on December 1, 1999, a copy of which is appended hereto as Exhibit A and made part hereof by reference. 97. Plaintiff Brymesser executed a Consent to same on July 21, 2000, a copy of which is appended hereto as Exhibit B and made part hereof by reference. 98. Immediately upon receipt of Plaintiffs' revocation of the foregoing Consents on or about June 22, 2006, Herman Chiropractic took all reasonable steps to terminate any advertisements that contained Plaintiffs' images and/or testimonials. 99. Herman Chiropractic's off ce manager directly contacted via telephone the newspaper representatives responsible for Herman Chiropractic's account at each newspaper where the advertisements could run and directed that they be pulled and not run in the future. 17 100. Any advertisement containing either Plaintiff's likeness or testimonial appearing in any newspaper on or after June 22, 2006 was not only not authorized by Herman Chiropractic, but had been specifically requested by Herman Chiropractic not to be run. 101. Advertisements placed by Herman Chiropractic include only un-retouched photographs of individuals but no personally identifiable information or names. 102. None of the advertisements contain specific treatment information with respect to any individual. 103. None of the advertisements contain specific types of care rendered to any individual. 104. No diagnoses are included in the advertisements for any individual. 105. No newspaper reference or date of publication is indicated in the advertisements appended to the Complaint. 106. No dates of publication are specified on any of the advertisements appended to the Complaint. 107. In order to sustain a cause of action under the theory of "intrusion upon seclusion" invasion of privacy, a plaintiff must demonstrate an intentional intrusion on the seclusion of his private concerns which was substantial and highly offensive to a reasonable person. 108. The advertisements do not contain information or materials highly offensive to a reasonable person. 109. In order to sustain a cause of action under the theory of "intrusion upon seclusion" invasion of privacy, a plaintiff must aver sufficient facts to establish that the 18 information disclosed would have caused mental suffering, shame or humiliation to a person of ordinary sensibilities. 110. The limited information and un-retouched photographs contained in the advertisements would not have caused mental suffering, shame or humiliation to a person of ordinary sensibilities. 111. The advertisements forming the basis of this litigation did not contain the name of either Plaintiff; did not specify any particular kinds of treatment either Plaintiff received; did not disclose any medical diagnoses; did not indicate that Plaintiffs were in pain at the point in time when the advertisements were published; indicated only that the Plaintiffs had sought and obtained chiropractic care and that they had subsequently felt better. These facts cannot rise to the level of a substantial or highly offensive intrusion to a reasonable person of ordinary sensibilities. 112. Plaintiffs cannot sustain causes of action for "intrusion upon seclusion" invasion of privacy against Herman Chiropractic. 113. In order to sustain a cause of action under the theory of "misappropriation of name and likeness" invasion of privacy, a plaintiff must establish that his reputation, prestige, social or commercial standing, public interest or other value of his name or likeness were appropriated by the defendants to their own use or benefit. 114. Plaintiffs are not famous people and have not established any value in their reputations, prestige, social or commercial standing, public interest or other commercial value in their names or likenesses, and have therefore failed to state a claim for "misappropriation of likeness" invasion of privacy. 19 115. Plaintiffs are regular people with no public interest or commercial value in their names or likenesses nor have they established a reputation, prestige, social or commercial standing which would support a "misappropriation of likeness" invasion of privacy claim. 116. Plaintiffs cannot sustain causes of action for "misappropriation of likeness" invasion of privacy against Herman Chiropractic. 117. No act or omission by Herman Chiropractic constituted a substantial contributing factor, cause in fact, proximate or legal cause of injury or damage to either Plaintiff. 118. Plaintiffs' claims for punitive damages cannot be sustained because they have failed to state claims for either invasion of privacy or breach of patient confidentiality and there is no independent cause of action for punitive damages in Pennsylvania. 119. Plaintiffs' claims for punitive damages cannot be sustained because an award of such exemplary relief cannot be made where Herman Chiropractic's liability for the same and the appropriate amount of such damages cannot be proven by clear and convincing evidence and such an award would violate Herman Chiropractic's due process rights guaranteed by the U.S. and Pennsylvania Constitutions. 120. Plaintiffs' claims for punitive damages cannot be sustained because an award of punitive damages under Pennsylvania law is subject to no pre-determined limit, such as a maximum multiple of compensatory damage or a maximum amount of punitive damages which a jury may impose, and would violate Herman Chiropractic's rights under the due process provisions of the Pennsylvania Constitution. 121. Plaintiffs' claims for punitive damages cannot be sustained because an award of punitive damages under Pennsylvania law for the purpose of compensating plaintiffs for 20 elements of damages is not otherwise recognized by Pennsylvania law and would violate Herman Chiropractic's due process rights guaranteed by the U.S. and Pennsylvania Constitutions. 122. Plaintiffs' Complaint is frivolous. 123. Plaintiffs' Complaint constitutes a wrongful use of civil proceedings in violation of Pennsylvania law. WHEREFORE, Herman Chiropractic Center, Inc., Herman Chiropractic Center of Carlisle, Inc., Herman Chiropractic Center of Gettysburg, Inc., Lawrence S. Herman, D.C. and Jason H. Herman request that this Honorable Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in their favor and against Plaintiffs for attorneys' fees and costs of this litigation. submitted, ARTZ C 1 s I. A~fz, Hsquire I.D. 55747 April L. McClaine, Esquire I.D. #26433 200 North Third Street, Suite 12-B Harrisburg, PA 17101 (717) 238-9905 and Michael J. McCarrie, Esquire I.D. # 57671 1528 Walnut Street, Suite 1207 Philadelphia, PA 19103 (215) 735-0200 DATED: October 5, 2007 Attorneys for Defendants 21 ~Cct 05 X00'3 1;13PM CRLIFORNIR TORT'LLR GERMR 3015450035 P°1 VERIFICATION I, Jason H. Herman, hereby verify and state that I am authorized to make this verification on behalf of Defendants herein, and that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn verification to authorities. J on H. DATED: October ~ , 2007 HI,)9-J1J-vr vc.. vvr ...~ .~.......r --- .. , NAME C' '~._•-- DATE ,~c~- i - ~~ HOW D1D YUU CIND UU'1' At~UUT CT•TTR4i'RAC'TTC? T„c~ •-~\~F,. E~C.~ ~~~ ~r~~~~ tic-.CK t• •~.'-pY•~ti -'~'~ C~~~C-~~<'E'i"1.1 ~~ G-' t J P ~. ~ C . WHAT A1Zl: YbC1K TTF,A~I.TH PRUBLI:MS~ ~ ~~ 1, ~c~c~ '~ •~E' c-~ '~-C' ~ 7~ CGM~ti \~ ~t~G~'~ HnW DID THIrSlr pRU13LLMS INTERFERE W1'1'H YUUIt ll?,1LY RUi.TTINF.? C c, ~d ~,r~~,-~C~ t C'~•~h~ ~~'~ ~"t{~~~ ice.>>E?~- C'. •~~`..J~ci~~~~ `~k'~`.~•~ C.u~~~5~c,.~~ ~.~•~~ ~, c~-,v..`Lo.S v~o v ~'~~-.`. ~ ~ ~'t~ •~-1~v~-~ we t_. ~< ~~ ; vt1C;~ t~t~P~ HnW I,C)NG Blil~Ultii YUU',~10TTCF.n IMPRUVLMEN"1'? WTTAT C)T}TER CHANGES iN YC)i1R HEALTH, HAVL YUU NU"fTC'F:D SINCE STAR I'I~(CT C'HllZUY1tACTTf` C'ARF,? ~•'~:,;,~~ `C-E?\~~S•~f~C:VC ~'Ci.\ ~C7.:~c~'_ ~~c,C~~t~-•,~)i`h~..~c~.<f~ WiTO ,ELSE CAN Ynt1 RECUMMENT) CHTRC)PR11C'1'1C l'U'? This is to certify that I have presented Herman Chiropractic Center of Carlisle, inc. with a testimonial for myselfi Herman Chiropractic C:cnter of Carlisle, inc. has my permission to use this testimonial and picture fur advertising urposes, solely fur the purpose of promoting Chiropractic. care. ~ ~l ~°} ignature Datc i Valley Stmt -Suite 106 - (adisle PA 0013 Phone: (11D 244-I1A / fay: pID 140-111 PATIENT TESTIMONIAI~ z, CERTIFICATE OF SERVICE I, April L. McClaine, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Karl E. Rominger, Esq. Rominger and Associates 155 South Hanover Street Carlisle, PA 17n13 DATED: October 5, 2007 ~ C~A ~' ~ ~ ~ i Gv~~~ ~ ' t ~ ~{'~,t 33. ' 'x ~ t . ., ~' G •' : 'g'x'. :Sr ~ ~ Y ~' ~t' rnQSS`2r ~-, .~,~ vs Case No. ~ ~ ~.. 4- ~'r°. ~:.~ ~., 4 ~S Statement of Intention to Proceed ~`-' ~~ { ..,~ To the Court: ; F intend to proceed with the above captioned matter. Print Name~~ } ~~trlQ Sign Name . Date: Attorney for `~ ~~ `~~~~ Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurcence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. [f the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. -,, ~~~'T'€ '"i ~.`i ~. _ •-~ '9 ~~`~ •r.. I Karl E. Rominger, Esquire PA Attorney License No. 81924 = 1 OCT 2i �t� . Rominger&Associates i L 155 South Hanover Street Carlisle, PA 17013 ,,i ��� A ti�"i�' (717) 241-6070 Attorney for Mary Jane Zeigler and Jean Brymesser MARY JANE ZEIGLER and : IN THE COURT OF COMMON PLEAS JEAN BRYMESSER : OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA • vs. : CIVIL ACTION—LAW : NO: 07-2144 HERMAN CHIROPRACTIC CENTER, INC.,HERMAN CHIROPRACTIC CENTER : OF CARLISLE, INC., HERMAN CHIROPRACTIC CENTER OF • GETTYSBURG, INC., • LAWRENCE S. HERMAN,D.C., • and JASON H. HERMAN • Defendants : JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: Please note that the Plaintiffs, Mary Jane Zeigler and Jean Brymesser, intends to proceed with the above captioned matter. Respectfully submitted, Rominger & Associates /f Date:6e'i 2 ) 20(3 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. #81924 Attorney for Plaintiff Karl E. Rominger, Esquire PA Attorney License No. 81924 Rominger&Associates 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Mary Jane Zeigler and Jean Brymesser MARY JANE ZEIGLER and : IN THE COURT OF COMMON PLEAS JEAN BRYMESSER : OF CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA • vs. : CIVIL ACTION—LAW : NO: 07-2144 HERMAN CHIROPRACTIC CENTER, INC.,HERMAN CHIROPRACTIC CENTER : OF CARLISLE, INC.,HERMAN • CHIROPRACTIC CENTER OF • GETTYSBURG, INC., • LAWRENCE S. HERMAN,D.C., and JASON H. HERMAN Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I served a copy of the Intention to Proceed upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Herman Chiropractic Center, Inc. C/O Charles I Artz, Esquire 200 North third Street, Suite 12-B Harrisburg, PA 17101 Respectfully submitted, C� ZG/�' RO GER & ASSOCIATES Date•{J Kar E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. #81924 Attorney for Plaintiff