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HomeMy WebLinkAbout03-3606ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E~mail jdecinti~angino-rovner, com MARLiN WIEST and MARCIA WIEST, Plaintiffs Attorneys for Plaintiffs: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA JOSEPH ESPOSITO, M.D. and SUSQUEHANNA SURGEONS, LTD., Defendants CiVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend ag~mst the claims set forth in the following pages, you must take action within twenty (20) days after this Complaim 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 ag~mst you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le Hanna demanded a ousted en la corti. Si ousted quire defenders de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar nna apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TI~NE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENIlL~ ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 252597.1\DZ~LC1 MARLiN WIEST and MARCIA WIEST, Plaintiffs JOSEPH ESPOSITO, M.D. and SUSQUEHANNA SURGEONS, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 03~ 36, ot~ ~ q--z.o- JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Marlin M. Wiest, Sr. and Marcia Wiest, are adult individuals and residents of Dauphin County, Pennsylvania. 2. Defendant, Joseph P. Esposito, M.D., (hereinafter "Defendant Esposito") is currently, and was at all times relevant to this Complaint, a physician licensed to practice medicine in the Commonwealth of Pennsylvania. Plaintiffs are asserting a professional malpractice claim against this Defendant pursuant to Pa. R.C.P. 1042.1, et seq. 3. Defendant Susquehanna Surgeons, Ltd., is a professional corporation providing medical care services, with offices located in Wormleysburg, Cumberland County, Pennsylvania. Plaintiffs are asserting a professional malpractice claim against this Defendant pursuant to Pa. R.C.P. 1042.1, et seq. 4. At all times relevant hereto, Defendant Esposito was an agent, apparent agent, employee, and/or servant of Defendant Susquehanna Surgeons, Ltd. 5. Venue for this medical malpractice case is proper in Cumberland County pursuant to Pa. R.C.P. 1006 (a. 1). 6. On or about April 26, 2001, Plaintiff was admitted to Holy Spirit Hospital. His admittance was as a result of a pressure ulcer of the right ischial tuberosity. 252597.1XJD\LC 1 7. On or about April 28, 2001, Rolando Casal, M.D. performed surgery on Plaintiff, Marlin M. Wiest, Sr. The procedure was an excisional debridement ofa decubitus ulcer of the right ischial area. 8. On or about May 2, 2001, Defendant Esposito performed a temporary diverting colonoscopy, in the belief that such a procedure, if properly executed, would promote the healing of the persistent draining decubitus and peroneal and sacral ulcers which plagued Plaintiff, Marlin M. Wiest, Sr. 9. The operative note indicates that "patient tolerated the procedure well;" however in actuality Plaintiff failed to progress and continued to experience a declining physical condition. 10. Plaintiff, Marlin M. Wiest, Sr, did not improve following the surgery performed by Defendant Esposito on May 2, 2001, and because of Mr. Wiest's deteriorating condition, an exploratory laparotomy was scheduled. 11. On or about May 8, 2001, Rolando Casal, M.D., performed an exploratory laparotomy, and discovered the cause of the obstruction not to be as a result of a suspected tumor, but rather because of a blind proximal end. 12. The exploratory laparotomy performed by Rolando Casal, M.D., revealed that during the colonoscopy performed on or about May 2, 2001, Defendant Esposito brought the incorrect end of the colon out to the skin therefore leaving a blind segment of colon, which caused complete colonic obstruction. 13. Also on or about May 8, 2001, Rolando Casal, M.D., performed multiple colon resections, and created a new permanent colostomy. 252597.1 ~JD\LC 1 2 14. As a direct and proximate result of the negligence of the Defendants, as more fully articulated in Counts I and II, below, Plaintiff, Marlin M. Wiest, Sr,. sustained and continues to sustain damages compensable under Pennsylvania law and for which claim is made herein: (a) (b) (c) (d) (e) (f) Past and future medical expenses; past and future pain and suffering; permanent disfigurement; humiliation and embarrassment; loss of the activities of daily living; and loss of life's pleasures and enjoyment. COUNT I MARLIN M. WIEST, SR. v. JOSEPH P. ESPOSITO, M.D. 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as if set forth at length. 16. The injuries and damages sustained by Plaintiff; Marlin M. Wiest, Sr., as more fully articulated above, were the direct and proximate result of the negligence of Defendant Esposito as follows: (a) failing to properly and adequately identify Plaintiff's anatomy during the performance of the diverting colostomy, (b) negligently bringing the incorrect end of the colon out of the skin during the diverting colostomy; 252597.1UD\LC 1 (c) negligently leaving a blind segment of colon which caused complete colonic obstruction; (d) negligently performing a temporary diverting colostomy on Plaintiff, Marlin Wiest; (e) increasing Plaintiffs risk of harm; and (f) negligently performing surgery as herein articulated, resulting in permanent injury. 17. As a direct and proximate result of Defendant Esposito's negligence Plaintiff, Marlin M. Wiest, Sr. sustained injury and damages compensable under Pennsylvania law. WHEREFORE, Plaintiff, Marlin M. Wiest, Sr., demands judgment against Defendant, Joseph P. Esposito, M.D., in an amount in excess of Twenty-Five Thousand ($25,000) Dollars, exclusive of interest and costs and in excess of jurisdictional amount requiring compulsory arbitration. COUNT II MARLIN M. WIEST, SR. v. SUSQUEHANNA SURGEONS, LTD. 18. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as if set forth at length. 19. Defendant, Susquehanna Surgeons, Ltd., is liable for the negligence of Defendant Esposito as more fully articulated in Count I above. WHEREFORE, Plaintiff, Marlin M. Wiest, Sr., demands judgment against Defendant Susquehanna Surgeons, Ltd., in an amount in excess of Twenty-Five Thousand ($25,000) 4 Dollars, exclusive of interest and costs and in excess o f jurisdictional amount requiring compulsory arbitration. COUNT III MARCIA WIEST V. JOSEPH P. ESPOSITO, M.D. and SUSQUEHANNA SURGEONS~ LTD. 20. By reason of the injuries sustained by her husband, Plaintiffi Marcia Wiest, has been and in the future will be deprived of the assistance, companionship, consortium and society of her husband, all of which have been and will continue to be a great damage and loss, and claim is made therefor. WHEREFORE, Plaintiffs, Marlin M. Wiest, St,. and Marcia Wiest, his wife, demand judgment against Defendants, Joseph P. Esposito, M.D., and Susquehanna Surgeons, Ltd., for compensatory damages in an amount in excess of Twenty-Five Thousand ($25,000) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 252597.1UD\LC1 Respectfully submitted, ANGINO & ROVNER, P.C. I.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 5 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, James DeCinti, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiffs and that I am authorized to make this affidavit on behalf of said Plaintiffs, and that the facts set forth in the foregoing document are tree and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiffs. James DeCinti Sworn to and subscribed before me this _2LI~day of ~[Q ('£) ,2003. My Commission Expires: #01ARtAL SEAL I laEG~ A. REI#ARO, NOTARY ~Bl,lC ~IY COMMISSION EXP~Kt;~ Mn · MARLIN WIEST and MARCIA WIEST, Plaintiffs JOSEPH ESPOSITO, M.D. and SUSQUEHANNA SURGEONS, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO JOSEPH ESPOSITO, M.D. I, James DeCinti, Esquire, certify that: ( X ) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR 252597.1 ~ID\LC 1 ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: James DeCinti, Esquire 2 MARLiN WIEST and MARCIA WIEST, Plaintiffs JOSEPH ESPOSITO, M.D. and SUSQUEHANNA SURGEONS, LTD., Defendants iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO SUSQUEHANNA SURGEONS, LTD. I, James DeCinti, Esquire, certify that: ( ) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( X ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR 252597.1 ~JD\LCI Date: ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. James DeCinti, Esquire 2 CERTIFICATE OF SERVICE I, Katherine D. Zimmerman, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing COMPLAINT was served via United States first-class mail, postage prepaid, upon the following: Michael E. McGilvery, Esquire Young & McGilvery, P.C. 2011 Renaissance Blvd., Ste. 200 King of Prussia, PA 19406 Dated: YOUNG & McGILVERY, P.C. BY: Michael E. McG~lvery, Esq. IDENTIFICATION NO. 24467 SUITE 200 2011 RENAISSANCE BOULEVARD KING OF PRUSSIA, PA 19406 (610) 2~-9100 MARLIN WIEST and MARCIA WIEST, VS. JOSEPH ESPOSITO, M.D. AND SUo,~U~,x,~.~A SL~RGEONS, LTD. ATTORNEY FOR: Defendants, Joseph Esposito, M.D. and Susquehanna Surgeon, LTD COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW xnO. 03-3606 ENTRY OF APPEARANCE TO THE PROTHONOTARy: Kindlycntcrmyapp¢~anc¢~rtheDe~ndants, Jos~hEsposito, M.D. and SusquchannaS~geons, Ltd.,intheabove-c~tionedmatter. YOUNG & McGILVERY, P.C. BY: Michael E. McGilvery, Esquire IDENTIFICATION NO. 24467 SUITE 200 2011 RENAISSANCE BOULEVARD KING OF PRUSSIA, PA 19406 ~610) 292-9100 MARLIN WIEST and MARCIA WIEST, VS. JOSEPH ESPOSITO, M.D. AND SUSQUEHANNA SURGEONS, LTD. ATTORNEY FOR: Defendant, Joseph Esposito, M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 03-3606 ANSWER OF DEFENDANTS, JOSEPH ESPOSITO, M.D. AND SUSQUEHANNA SURGEONS, LTD. TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Defendants, Joseph Esposito, M.D. and Susquehanna Surgeons, LTD., by and through their attorneys, Young & M cGilvery, P.C., h aving received notice o f plaintiffs' Complaint i n t he a bove- captioned matter and wishing to respond to the same, hereby aver as follows: 1. Denied. Upon information and belief, answering defendants do not have sufficient information to respond to the allegations set forth in plaintiffs' like-numbered paragraph. Therefore, said allegations are denied pursuant to Pa.R.C.P. 1029(c). 2. Denied as stated. It is admitted that Joseph P. Esposito, M.D. is a physician licensed to practice medicine in the Commonwealth of Pennsylvania. All other allegations are denied as conclusions of law. 3. Denied as stated. It is admitted that Susquehanna Surgeons, Ltd. is a professional corporation located in Wormleysburg, Cumberland County, Pennsylvania. All other allegations are denied as conclusions of law. 4. Admitted. 5. Denied. The allegations set forth in plaintiff's like-numbered paragraph are conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 6-13. Denied. Answering defendants attended to the patient during the relevant time but were not negligent and caused no harm. Rather, answering defendants performed well within the standard of care generally accepted throughout the medical community. Strict proof to the contrary is demanded at trial. 14. Denied. The allegations set forth in plaintiffs' like-numbered paragraph are conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. COUNT I 15. Answering defendants incorporate by reference their answers to paragraphs one (1) through fourteen (14) above. 16-17. Denied. The allegations set forth in plaintiffs' like-numbered paragraph are conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response should such a response be deemed required, defendant, Dr. Esposito, was not negligent and caused no harm. Rather, Dr. Esposito performed well within the standard of care generally accepted throughout the medical community. Strict proof to the contrary is demanded at trial. WHEREFORE, all right to recovery is denied. COUNT II 18. Answering defendants incorporate by reference their answers to paragraphs one (1) through seventeen (17) above. 19. Denied for the reasons stated in answer to paragraphs 16-17. WHEREFORE, all right to recovery is denied. Young & McGilvery, P.C. 2 COUNT III 20. Denied. The allegations set forth in plaintiffs' like-numbered paragraph are conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response should such a response be deemed required, answering defendants were not negligent and caused no harm. Rather, answering defendants performed well within the standard of care generally accepted throughout the medical community. Strict proof to the contrary is demanded at trial. WHEREFORE, all right to recovery is denied. NEW MATTER 21. Plaintiffs' claims may be barred by any general release they may have signed. 22. Plaintiffs Complaint sets forth claims against answering defendants, some or all of which may be barred by the conduct of the plaintiffs and the relevant events herein. To this extent, plaintiffs' claims may be barred under the doctrine of Comparative Negligence as enunciated under Pennsylvania law, 42 Pa.C.S.A. § 7102. 23. Pa.R.C.P. 238, also referred to as Delay Damages or Pre-Judgment Interest, is unconstitutional and in violation of the Constitution of the United States of America and the Commonwealth of Pennsylvania. If Rule 238 is found to be constitutional, answering defendants should not be charged for any damages which are not attributable to the conduct of answering defendants, including court delay. Young & McGilvery, P.C. 3 24. Plaintiffs' claim are limited by the terms of any Release which may have been signed by plaintiffs. WHEREFORE, answering defendants demand judgment in their favor and against plaintiffs. Respectfully submitted, Young & McGilvery, P.C. Mtit~om~ E. McGilvery, Esquire ey for Defendant Young & McGilvery, P.C. 4 VERIFICATION I, Joseph Esposito, M.D., hereby verify, that the statements made in the foregoing Answers to Plaintiff's Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail j decinti@angino-rovner, com Attorneys for Plaintiffs: Marlin Wiest and Marcia Wiest MARLIN WIEST and MARCIA WIEST, Plaintiffs JOSEPH ESPOSITO, M.D. and SUSQUEHANNA SURGEONS, LTD., Defendants IN THE C, OURT OF COMMON PLEAS CUMBEKLAND COUNTY, PA CWIL ACTION - LAW NO. 03--'2o~ JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS AND NOW come the Plaintiffs, Marlin and Marcia Wiest, by and through their attorneys, Angino & Rovner, P.C., and hereby reply to the New Matter of Defendants, Joseph Esposito, M.D., and Susquehanna Surgeons, Ltd., averring as follows: 21. The allegation contained in this paragraph is a conclusion of law and of fact to which no response is required. To the extent that a response., is deemed required, it is hereby specifically denied that the Plaintiffs' claims are barred by may general release. In fact, Plaintiffs have not signed any release; and, therefore, strict proof of this defense and all of Defendants' affirmative defenses is demanded at the time of trial. 22. The allegation contained in this paragraph is a conclusion of law and of fact to which no response is required. To the extent that a response is deemed required, it is hereby specifically denied that Plaintiffs' claims are in any way ban'ed and/or reduced under the Doctrine of Comparative Negligence. On the contrary, Plaintiffs were not negligent, and could not have been negligent in this case. Rather, it is the conduct of the Defendants in this matter 265636.1~D\DZ which was the sole cause of Plaintiffs' injuries and damages as claimed in the Complaint. Strict proof of this defense and all of Defendants' affirmative defenses is demanded at the time of trial. 23. The allegation contained in this paragraph is a conclusion of law to which no response is required. To the extent that a response is deemed required, it is hereby specifically denied that Pennsylvania Rule of Civil Procedure 238 is unconstitutional. On the contrary, Rule 238 has been applied throughout this Commonwealth and has been approved by the appellate courts herein, pennsylvania Rule of Civil Procedure 238 is constitutional and is applicable in this case. Date: 24. See, response to No. 21. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants. Respectfully submitted, ANGINO & ROVNER, P.C. James DeCinti, Esquire I.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) :!38-6791 Attom.ey for Plaintiff 265636.1XJD~DZ CERTIFICATE OF SERVICE I, Katherine D. Zimmerman, an employee of Angino & Rovner, P.C., hereby certify that a tree and correct copy of the foregoing PLAINTIFFS REPLY TO NEW MATTER OF DEFENDANTS was served via United States first-class mail, postage prepaid, upon the following: Michael E. McGilvery, Esquire Young & McGilvery, P.C. 2011 Renaissance Blvd., Ste. 200 King of Prussia, PA 19406 Dated: ~./[I /~)) K~erine D. Zii~nrn~ah 265636.1HD\DZ 3 YOUNG & McGILVERY, P.C. BY: Michael E. McGilve~y, Esq. IDENTIFICATION NO, 24467 SUITE 200 2011 RENAISSANCE BOULEVARD KING OF PRUSSIA, PA 19406 (610) 292-9100 MARL1N WIEST and MARCIA WIEST, VS. JOSEPH ESPOSITO, M.D. AND SUSQUEHANNA SURGEONS, LTD. ATTORNEY FOR: Defendants, Joseph Esposito, M.D. and Susquehanna Surgeon, LTD COURT OF COMMON PLEAS CUMBER]LAND COUNTY CIVIL ACTION - LAW NO. 03-3606 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendants, Joseph Esposito, M.D. and Susquehanna Surgeons, Ltd., in the above-captioned matter. DATE: September 24, 2003 YOUNG & McGILVERY, P.C. Denise L. Julian~ YOUNG & McGILVERY, P.C. BY: Michael E. McGilvery, Esq. IDENTIFICATION NO. 24467 SUITE 200 2011 RENAISSANCE BOULEVARD K1NG OF PRUSSIA, PA 19406 (610) 292-9100 MARLIN WIEST and MARCIA WIEST, : : ATTORNEY FOR: Defendants, Joseph Esposi~o, M.D. and Susquehanna Surgeon, LTD COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JOSEPH ESPOSITO, M.D. AND SUSQUEHANNA SURGEONS, LTD. CIVIL ACTION - LAW NO. 03-3606 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance for the Defendants, Joseph Esposito, M.D. and Susquehanna Surgeons, Ltd., in the above-captioned matter. DATE: September 24, 2003 YO G&~Mc L E Y,P.C. Michael E. McGilver~tJ CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSU~NT TO RULE 4009.22 IN TEE MATTER OF: WIEST COURT OF COMMON PLEAS TERM, ESPOSITO -VS- CASE NO: 03-3606 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/06/2003 MCS on behalf of ~ ~ 'MICHaeL ~.~ ~GILVF~R~, ESQ. Attorney for DEFENDANT ~/ /\ DEll-448465 2 6 1 9 1 --LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WIEST ESPOSIT0 -VS - COURT OF COMMON PLEAS TERM, CASE NO: 03-3606 NOTICE OF IN'r~%]T TO SERVE A SUBPOENA TO PRODUCE DOCoMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MILTON S. HERSHEY MEDICAL CTR. MILTON S. HERSHEY MEDICAL CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. WILLIAM MENDE MERCHANTS INSURANCE GROUP MEDICAL RECORDS X-RAY ONLY X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS & XRAYS INSURANCE TO: JAMES DECINTI, ESQ. MCS on behalf of MICHAEL E. MCGILVERY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/16/2003 CC: MICHAEL E. MCGILVERY, ESQ. EILEEN NELSON - WIEST Any questions regarding this matter, contact MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 1)E02-241389 26191--CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WIEST: VS, ESPOSITO File No. ~ - SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MILTON S. HERSHEY MEDICAL CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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 aRer its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL E. MCGILVERY, ESQ. ADDRESS: 2011 RENAISSANCE BLVD. SUITE 200 KiNG OF PRUSSIA. PA 19406 TELEPHONE: (215} 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: PrOthonotary/Clerk, Ci-vil 'D~on Deputy 26191-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MEDICAL CTR. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 26191 MARLIN WIEST Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedm-es, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: MARLIN WIEST 281 ERDMAN ROAD, LYKENS, PA 17048 Social Security #: 204-30-7334 Date of Birth: 07-10-1937 SU10-464018 26191--L0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSU;kNT TO RULE 4009.22 IN THE MATTER OF: WIEST COURT OF COMMON PLEAS TERM, ESPOSIT0 -VS- CASE N0: 03-3606 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/06/2003 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT DEll-448466 2 6 1 91--LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WIEST ESPOSIT0 -VS - COURT OF COMMON PLEAS TERM, CASE N0: 03-3606 NOTICE OF I~Tk~T ~0 SER~-~ A SUBPOENA TO PRODUCE DOCUMENTS AND TH/lqGS FOR DISCOVERY PURS~ ~9 RULE 4009.21 MILTON S. HERSHEY MEDICAL CTR. MILTON S. HERSHEY MEDICAL CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. WILLIAM MENDE MERCHANTS INSURANCE GROUP MEDICAL RECORDS X-RAY ONLY X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS & XRAYS INSURANCE TO: JAMES DECINTI, ESQ. MCS on behalf of MICHAEL E. MCGILVERY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/16/2003 CC: MICHAEL E. MCGILVERY, EILEEN NELSON ESQ. - WIEST MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-241389 2 6 1 91--CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WIEST: VS. ESPOSITO File No. (...%3 '- .3~,,0/~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MILTON S. HERSHEY MEDICAL CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grouts. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cextificate 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 aRer its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL E. MCGILVERY, ESQ. ADDRESS: 2011 RENAISSANCE BLVD. SUITE 200 KING OF PRUSSIA. PA 19406 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Proth-~n0tary/(~lerk, CixTil Dixl~n Deputy 26191-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MEDICAL CTR. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 26191 MARLIN WIEST Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: MARLIN WIEST 281 ERDMAN ROAD, LYKENS, PA 17048 Social Security #: 204-30-7334 Date of Birth: 07-10-1937 SU10-464020 2 6191--L02 PR~R~OUISIT~ TO $~RVIC~ OF ~ SUBPOENA PURSUANT TO RUL~ 400~.22 IN THE MATTER OF: WIEST COURT OF COMMON PLEAS TERM, ES?0SITO -VS - CASE NO: 03-3606 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/06/2003 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT DEll-448467 2 6 1 9 1--LO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WIEST ESPOSIT0 -VS - COURT OF COMMON PLEAS TERM, CASE NO: 03-3606 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE D~S AND · HINGS FO]{ DISCO~KY PURSUANT TO RULE 4009.21 MILTON S. HERSHEY MEDICAL CTR. MILTON S. HERSHEY MEDICAL CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. WILLIAM MENDE MERCHANTS INSURANCE GROUP MEDICAL RECORDS X-RAY ONLY X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS & XRAYS INSURANCE TO: JAMES DECINTI, ESQ. MCS on behalf of MICHAEL E. MCGILVERY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/16/2003 CC: MICHAEL E. MCGILVEHY, ESQ. EILEEN NELSON - WIEST Any questions regarding this matter, contact MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 (215) 246-0900 DE02-241389 2 6 1 9 1 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WIEST: VS. ESPOSITO SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at Thc MCS Grou~. Inc.. 1601 Market Street. Suite 800. Philadelr~hia. PA 19103 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 alter its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL E. MCGILVERY, ESQ. ADDRESS: 2011 RENAISSANCE BLVD. SUITE 200 KING OF PRUSSIA. PA 19406 TELEPHONE: (215/246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Seal of the Court BY THE COURT: Prot~'~[-~'ia~y/Cierk, Civil DiLi~ Deputy 26191-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 26191 MARLIN WIEST Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray fflrns and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: MARLIN WIEST 281 ERDMAN ROAD, LYKENS, PA 17048 Social Security #: 204-30-7334 Date of Birth: 07-10-1937 SU10-464022 2 6 1 9 1 --LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WIEST COURT 0F COMMON PLEAS TERM, ESPOSIT0 -VS- CASE NO: 03-360~ As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/06/2003 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT DEll-448468 2 6 1 9 1--LO4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WIEST ESPOSIT0 -VS - COURT OF COMMON PLEAS TERM, CASE N0: 03-3606 NOTICE OF II~T.~.NT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCO%/~Y PIIRSUANT TO RULE 4009.21 MILTON S. HERSHEY MEDICAL CTR. MILTON S. HERSHEY MEDICAL CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. WILLIAM MENDE MERCHANTS INSURANCE GROUP MEDICAL RECORDS X-RAY ONLY X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS & XRAYS INSURANCE TO: JAMES DECINTI, ESQ. MCS on behalf of MICHAEL E. MCGILVERY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/16/2003 CC: MICHAEL E. NCGILVERY, ESQ. EILEEN NELSON - WIEST Any questions regarding this matter, contact MCS on behalf of MICHAEL E. MCGILVEHY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #000 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-241389 2 6 1 9 1--CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WlEST: VS. ESPOSITO File No. ~ - 3/,,O~ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelr~hia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL E. MCGILVERY, ESQ. ADDRESS: 2011 RENAISSANCE BLVD. SUITE 200 KING OF PRUSSIA. PA 19406 TELEPHONE: (215) 246-0900 SLrpREME COURT 1D #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Deputy 26191-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 26191 MARLIN WIEST Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memo.ran, da, handwritten notes, history and physical reports, medication/ prescnpnon records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal~of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treaUnent, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: MARLIN WlEST 281 ERDMAN ROAD, LYKENS, PA 17048 Social Security #: 204-30-7334 Date of Birth: 07-10-1937 SU10-464024 261 91--L04 C~R?~F~CA~ PR~R~0U~S~R ~0 S~RV~C~ 0F A SUBPO~N~ PURSUANT TO RUL~ 400~.22 IN THE MATTER OF: WIEST COURT OF COMMON PLEAS TERM, ESPOSIT0 -VS- CASE NO: 03-3606 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/06/2003 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT DEll-448469 26191--LO 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WIEST ESPOSIT0 -VS - COURT OF COMMON PLEAS TERM, CASE NO: 03-3606 NOTICE OF INT~Z4T TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCO~Y PIIRSUANT ~) RULE 4009.21 MILTON S. HERSHEY MEDICAL CTR. MILTON S. HERSHEY MEDICAL CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. WILLIAM MENDE MERCHANTS INSUR/LNCE GROUP MEDICAL RECORDS X-PAY ONLY X-PAY 0NLY MEDICAL RECORDS MEDICAL RECORDS & XPAYS INSURANCE TO: JAMES DECINTI, ESQ. MCS on behalf of MICHAEL E. MCGILVERY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) clays from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/16/2003 CC: MICHAEL E. MCGILVERY, ESQ. EILEEN NELSON - WIEST Any questions regarding this matter, contact MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #000 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-241389 2 6 1 9 1--CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WIEST: VS. ESPOSITO FileNo. 0..~- _~t..t:N. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. WILLIAM MENDE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grouo. Inc.. 160I Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL E. MCGILVERY. ESO. ADDRESS: 2011 RENAISSANCE BLVD. SUITE 200 KING OF PRUSSIA. PA 19406 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seat of the Court BY THE COURT: /) Prothonc~tary/Clerk, Civil ]~iv~s~~'~ Deputy t~ 26191-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. WILLIAM MENDE 1000 EVELYN DRIVE MILLERSBURG, PA 17061 RE: 26191 MARLIN WIEST Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, ties, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports,' including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: MARLIN WIEST 281 ERDMAN ROAD, LYKENS, PA 17048 Social Security #: 204-30-7334 Date of Birth: 07-10-1937 SU10-464026 2 6 1 9 1 --LO 5 CRRTI¥ICATR PR~RROUISIT~ TO SRRVIC~ OF A SUBPOENA ~URSU~ TO RULR 400~.22 IN THE MATTER OF: WIEST COURT OF COMMON PLEAS TERM, ESPOSIT0 -VS - CASE NO: 03-3606 AS a prerequisite to service of a subpoena for documents and thin§s pursuant to Rule 4009.22 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/06/2003 MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT DEll-448470 2 6 1 9 1 --LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: WIEST ESPOSIT0 -VS - COURT OF COMMON PLEAS TERM, CASE NO: 03-3606 NOTICE OF INTkUqT TO SERVE A SUBPOENA TO PRODUCE DOCL~MENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MILTON S. HERSHEY MEDICAL CTR. MILTON S. HERSHEY MEDICAL CTR. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. WILLIAM MENDE MERCHANTS INSURANCE GROUP MEDICAL RECORDS X-RAY ONLY X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS & XRAYS INSURANCE TO: JAMES DECINTI, ESQ. MCS on behalf of MICHAEL E. MCGILVERY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/16/2003 CC: MICHAEL E. MCGILVERY, ESQ. - WIEST EILEEN NELSON MCS on behalf of MICHAEL E. MCGILVERY, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-241389 2 6 1 9 1 --CO 2 COMMONWEALTH OF ?ENNSYI,VANIA COUNTY OF CUMBERLAND WIEST: VS. ESPOSITO : File No SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MERCHANTS INSURANCE GROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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 fffis subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL E. MCGILVERY, ESQ. ADDRESS: 2011 RENAISSANCE BLVD. SUITE 200 KING OF PRUSSIA. PA 19406 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: othonotary/Clerk, Civil Divi~lln Deputy 26191-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MERCHANTS INSURANCE GROUP 200 59TH STREET BUFFALO, NY 14202 RE: 26191 MARLIN WIEST Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical repons and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: MARLIN WIEST 281 ERDMAN ROAD, LYKENS, PA 17048 Social Security #: 204-30-7334 Date of Birth: 07-10-1937 SU10-464028 2 6 191--LO 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLIN WIEST and MARCIA WIEST, : CIVIL ACTION- LAW Plaintiffs : v. : No: 03-3606 : JOSEPH ESPOSITO, M.D. and : SUSQUEHANNA SURGEONS, LTD., : Defendants : TO THE PROTHONOTARY: JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendants, Joseph Esposito, M.D. and Susquehanna Surgeons, Ltd. in the above-r :fer~nced matter. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN N M. O'DONNELL, ESQUIRE .: 79457 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorneys for Defendant, Joseph Esposito, MD. and Susquehanna Surgeons, Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLIN WIEST and MARCIA WIEST, : CIVIL ACTION-- LAW Plaintiffs : : v. : No: 03-3606 JOSEPH ESPOSITO, M.D. and : SUSQUEHANNA SURGEONS, LTD., : Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Sharon M. O'Donn~ll, Esquire, hereby certify that the foregoing document was served to all parties listed herein on the below dMe via United States First -Class Mail. James DeCinti, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 DATE: i.~R. 'N~. :N79M~507'DONNELL, E S QUII~ 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 65 I-3503 Attorneys for Defendant, Joseph Esposito, M.D. and Susquehanna Surgeons, Ltd. YOUNG & McGILVERY, P.C. BY: Denise L. Juliana, Esquire IDENTIFICATION NO. 59445 SUITE 200 2011 RENAISSANCE BOULEVARD KING OF PRUSSIA, PA 19406 (610) 292-9100 MARL1N WlEST and MARCIA WIEST, : ATTORNEY FOR: Defendants, Joseph Esposito, M.D. and Susquehanna Surgeon, LTD COURT OF COMMON PLEAS CUMBERLAND COUNTY JOSEPH ESPOSITO, I SUSQUEHANNA SU] TO THEPROTHONO 4.D. AND [GEONS, LTD. CIVIL ACTION - LAW NO. 03-3606 WITHDRAWAL OF APPEARANCE rARY: Kindly withdra3v my appearance for the Defendants, Joseph Esposito, M.D. and Susquehanna Surgeon,, , Ltd., in the above-captioned matter. YOUNG & McGILVERY, P.C. BY: ~ [~z'~/~ /Denise L. Juliana ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail .IdecintiHangino-rovner.com MARLiN WIEST and MARCIA WIEST, Plaintiffs JOSEPH ESPOSITO, M.D. and SUSQUEHANNA SURGEONS, LTD., Defendants Attorneys for Plaintiffs: Marlin Wiest and Marcia Wiest iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 03-3606 Civil Term JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR STATUS CONFERENCE AND NOW, come Plaintiffs, by and through their counsel, Angino & Rovner, P.C., to respectfully request that this Honorable Court schedule a status conference in order to establish deadlines and otherwise aid in bringing the instant case to a resolution, and in support for said request, aver as follows: 1. The Complaint in this medical malpractice action xvas filed on or about July 29, 2003. Prior to the filing of the Complaint, the parties engaged in discussions to potentially resolve the case without the need for filing suit. Those discussions took place from approximately October of 2002 until shortly before the filing of the Complaint in July 2003. 2. Along with the Complaint, Plaintiffs served Defendants with Interrogatories and Request for Production of Documents on July 29, 2003. 3. As of the filing of the instant Motion for Status Conference, Defendants have not yet responded to Plaintiffs' discovery, which is now almost four months overdue. 4. Plaintiffs respectfully request that this Honorable Court schedule a status conference for the purpose of establishing a discovery deadline, a deadline for the exchange of expert reports, and a trial date. 269724.1UD\DZ 5. Plaintiffs' counsel is James DeCinti, Esquire, 4503 North Front Street, Harrisburg, Pennsylvania, 17110, telephone number (717-238-6791). 6. Defendants' counsel is Sharon O'Donnell, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania, 17112, telephone number (717-651-3503). WHEREFORE, Plaintiffs respectfully request that this Honorable Court schedule a status conference for the purpose of establishing a discovery deadline, deadlines for the exchange of expert reports, and a trial date. Date: ~-'/ Respectfully submitted, ANGINO & ROVNER, P.C. JaPfies DeCinti, Esquire i.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 269724,1 klD~DZ 2 CERTIFICATE OF SERVICE I, Katherine D. Zimmerman, an employee ofAngino & Rovner, P.C., hereby certify that a tree and correct copy of the foregoing Plaintiff' Motion for Status Conference was served via United States first-class mail, postage prepaid, upon the following: Sharon O'Donnell, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: /C~/'-//0 3 269724 1 XJD\DZ ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX {717) 238-56111 E-mail jdecinti ~(¢angino-rovner.com DEC '1 § 2O03 ,Attorneys for Plaintiffs: ~,~arli~q Wicst and Mn~cia Wiest MARLIN WIEST and MARCIA WIEST, Plaintiffs JOSEPH ESPOSITO, M.D. and SUSQUEHANNA SURGEONS, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION LAW NO. 03-3606 Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this ~_2~day of ~ ~e~. ., 20 0_7, it is hereby ORDERED and DECREED that a Status Conference in the above captioned action has been scheduled for '"~-//~'~'"CPt/~ , '~TQ/Z-4~-]~-'7 ., 20dZ/', at //.'/.9'"' o'clock dt--.m, in Courtroom / of the Cumberland County Courthouse. BY THE COURT: MARLIN WIEST and MARCIA WIEST, Plaintiffs JOSEPH ESPOSITO, M.D., and SUSQUEHANNA SURGEONS, LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3606 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of February, 2004, upon consideration of the attached letter from James DeCinti, Esq., attorney for Plaintiffs, the status conference scheduled for March 4, 2004, is cancelled. James DeCinti, Esq. 4503 N. Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Sharon O'Donnell, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 BY THE COURT, j7~We~'ley CJl~_~-,-' ~. j :rc ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1708 717/2386791 FAX717/238~5610 February 10, 2004 RJCHARD C. ANGINO NElL J. ROVNER JOSEPH M. MELILLO TERRY S. HYMAN DAVID L. LUTZ JAMES DEClNTI Jo/aa L. STmULAK The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Co-rthouse Sq~are Carlisle, PA 17013 Wiest v. Esposito Docket No. 03-3606 Civil Dear Judge Oler: This letter will confirm my telephone conference with your secretary indicating that the Status Conference in the above-referenced case which is scheduled for March 4, 2004, can be canceled because the parties have settled the case. Thank you very much for your assistance in this matter. Very truly yours, James DeCinti JD/dz cc: Sharon O'Donnell, Esquire 271950.1XJD~DZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLIN WIEST and MARCIA WIEST, Plaintiffs JOSEPH ESPOSITO, M.D. and SUSQUEHANNA SURGEONS, LTD., Defendants CiVIL ACTION - LAW No: 03-3606 JURY TRIAL DEMANDED To the Prothontary: PRAECIPE FOR DISCONTINUANCE Kindly mark the above-captioned matter settled, ended and discontinued with prejudice. $ ms V CINT,, ESC!Um AND NOW, this ~ day of~]~, 2004, upon consideration of the foregoing Praecipe, the above-capioned matter is hereby marked settled, ended and discontinued with prejudice. BY THE PROTHONOTARy: J.