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HomeMy WebLinkAbout07-3710 GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD R. LAUGHERY and Medical Professional Liability Action MARY L.AUGHERY, his wife Plaintiffs V. No. D 7- 3 ?Jo Cc?p ?i,r. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. Defendants TO THE PROTHONOTARY: JURY TRIAL DEMANDED Please issue a Writ of Summons against the Defendants in the above-referenced matter. 'To: Curtis R. Long, T? Prothonotary Attorn y for P intiffC Dated: G / 91 e 7 April L. Strang-KutayC Goldberg Katzman, P.C. I.D. No. 46728 b N iD C P ro. E J G c Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas Donald R. Laughery Mary Laughery Plaintiff Vs. No 07-3710 Michael J. Banach, M.D. and Pennsylvania Retina Specialists,P.C. 220 Grandview Avenue, Suite 200 Camp Hill, Pa. 17011 In CivilAction-Law Defendant To Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C. 220 Grandview Avenue, Suite 200, Camp Hill, Pa. 17011 You are hereby notified that Donald R. Laughery and Mary Laughery the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. 5 (SEAL) C isn/^R. Long, Prothon ary Date 06-20-07 By f DD ?/ Deputy Attorney: Name: April L Strang-Kutay Esq. Goldberg, Katzman P.C. Address: 600-A Eden Road Lancaster, Pa. 17601 Attorney for: Plaintiff Telephone: 717-509-6141 Supreme Court ID No. 46728 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Evan Black, Esquire Attorney I.D. 17884 (717) 441-7051 Derek D. Bahl, Esquire Attorney I.D. 87851 Attorneys for Defendants Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C. DONALD R. LAUGHERY and MARY I,AUGHF,RY, Plaintiffs VS. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C., Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 07-3710 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR'ENTRY'OF APPEARANCE To the Prothonotary: Kindly enter the appearance of the undersigned on behalf of the Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C., relative to the above- captioned action. Respectfully submitted, Date: &J-Z'7/72 Thomas, Thomas & Hafer, LLP By: 4400S Evan Black, Esquire Attorney I.D. No. 1//788,84 6 't Derek Bahl, Esquire Attorney I.D. No. 87851 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants r . CERTIFICATE OF SERVICE I, Joan L. Wolfe, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eder, Road Lancaster, PA 17601 Date: ?q - 6 THOMAS, THOMAS & HAFER, LLP (Joan L. Wolfe ' r. L ' co ? w i THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Evan Black, Esquire Attorney I.D. 17884 (717) 441-7051 Derek D. Bahl, Esquire Attorney I.D. 87851 Attorneys for Defendants Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C. DONALD R. LAUGHERY and MARY T.AUGUFRY. Plaintiffs VS. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C., Defendants IN THE COURT OF COMMON PLEAS FOR CT TN4BERI,AND COUNTY, PENNSYLVANIA CASE NO.: 07-3710 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, Date: THOMAS, THOMAS & HAFER, LLP By: of 4L4n ?l/?? Evan Black, Esquire Attorney I.D. No. 17884 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants CERTIFICATE OF SERVICE I, Joan L. Wolfe, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a copy of the foregoing document by depositing the same in the United States mail, first class, postage prepaid, as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 n Date: J an L. Wolfe N j`S t f I r r r 3i .^ co t DONALD R. LAUGHERY and MARY LAUGHERY, Plaintiffs VS. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C., Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 07-3710 CIVIL TERM JURY TRIAL DEMANDED RULE TO FILE COMPLAINT 4` _N -Q C TO: Donald R. Laughery and +- Mary Laughery c/o April L. Strang-Kutay, Esquire Goldberg, Katzman P.C. r C ' , 600-A Eden Road C 0 Lancaster, PA 17601 You are hereby directed to file a Complaint against Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C., within twenty (20) days or non pros seq. reg. Prot onotary DATED: 7/3107 0/ GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD R. L.AUGHERY and Medical Professional Liability Action MARY LAUGHERY, his wife Plaintiffs No. 07-3710 MICHAEL J. BANACH, M.D. and ; PENNSYLVANIA RETINA JURY TRIAL DEMANDED SPECIALISTS, P.C. Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the fallowing pages, 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 ina\ 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 ntav lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que Si usted no se defiende, la sin previo aviso o notification y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 GOLDBERG, KATZMAN, P.C. April 1- Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, P:1 17601 (717)509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD R. LAUGHERY and Medical Professional Liability Action MARY LAUGHERY, his wife Plaintiffs V. No. 07-3710 MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA JURY TRIAL DEMANDED SPECIALISTS, P.C. Defendants COMPLAINT AND NOW, comes the Plaintiffs, Donald Laughery and his wife, Mary Laughery, by their attorneys, Goldberg Katzman, P.C., who respectfully represent as follows: PARTIES TO THE CAUSE OF ACTION 1. Donald and Mary Laughery, husband and wife, are adult individuals, residing at 367 Stumpstown Road, Mechanicsburg, PA 17055. 2. Defendant, Michael J. Banach, M.D. is a physician licensed under the laws of the Commonwealth of Pennsylvania with a principal place of business at 220 Grandview Avenue, Suite 200, Camp Hill, PA 17011. 3. Defendant Pennsylvania Retina Specialists, P.C.is a professional medical practice licensed under the laws of the Commonwealth of Pennsylvania with a principle place of business at 220 Grandview Avenue, Suite 200, Camp Hill, PA 17011. STATEMENT OF LIABILITY 4. In accordance with Pa.R.C.P. 1042.2, this is a professional liability action brought against the Defendants in this action. STATEMENT OF FACTS 5. Plaintiff Donald Laughery (hereinafter Plaintiff), was evaluated by his optometrist for blurred central vision in the left eye on or about June 2005, following that evaluation. his optimetrist, Dr. Leitzel, referred him to a retinal specialist, Michael Banach, M.D. 6. On or about June 22, 2005, Dr Banach (hereinafter Defendant) conducted his initial evaluation of Plaintiff's complaints referable to his left eye vision, and formed the impression of macular edema OS, epiretinal membrane OS with possible vitreomacular traction, hypertension and retinal hemorrhage OS. 7. On or about this initial evaluation, Defendant recommended treatment with Acular which was prescribed with a follow up appointment in one month. 8. On or about July 22, 2005, a second, follow up visit took place, at which time Defendant advised that the Acular treatment had not improved Plaintiff's eye condition, and therefore recommended a sub-Tenon injection ofKenalog into the left eye, which was carried out, with a recommendation for continued Acular use, as well as a one month follow up, which was scheduled. 2 9. On or about September 2, 2005, Plaintiff's third visit with Defendant took place, with the Defendant noting that Plaintiff's left visual acuity remained about the same, eye pressure was elevated, and Plaintiff continued to describe his vision with a blurry rectangular patch; a prescription for Xibrom was added on this date. 10. On or about October 4, 2005, a follow up appointment with Defendant took place, during which the intraocular pressure was noted to be elevated at 34, the fovea was still cystic with minimal ERM formation, and the vision had not changed dramatically; based on these findings, Defendant again injected Kenalog, and added Betimol for the elevation of the eye pressure. 11. On or about November 9, 2005, a follow up appointment took place, but Defendant noted vision in the left eye was still impaired and pressure was read as 28; CME continued as well as more vitreomacular traction from a very subtle ERM. The Xibrom was stopped but Betimol continued. 12. On or about January 26 2006, Plaintiff indicated that his left eye vision was foggy in the morning but resolved somewhat as the day progressed; visual acuity remained impaired at 20/40 and pressure remained up at 33, attributed to his sub-Tenon's Kenalog injections. Plaintiff was not scheduled to return to Defendant for four months unless his vision worsened. 3 13. On or about March 20, 2006, Plaintiff returned to Pennsylvania Retina Specialists, where he was seen by Dr. Pheasant of this group; his vision was now reported as 20/100 and his pressure in the left eye was 52. 14. Since Plaintiff had not used his Betimol within the last several hours, he was advised to repeat this medication and return, which Plaintiff did on or about March 24. 2006. when he again saw Dr. Banach, with findings of pressure measured at 42 and visual acuity of 20/60 for the left eye. At this appointment, Dr. Banach felt that Plaintiff now had optic nerve damage and severe elevation of intraocular pressure from the steroid injections. Further medications were prescribed and the steroid was scheduled for extraction. 15. On or about April 6, 2006, Defendant referred Plaintiff to Alan Robin, M.D. in Baltimore for more aggressive management with trabeculectomy in April 2006 and cataract surgery in August 2006, although Plaintiff continues to have reduced vision in the left eye as a result of the optic nerve damage. COUNTI DONALD LAUGHERY vs MICHAEL BANACH, M.D. NEGLIGENCE 16. The averments contained in paragraphs 1-15 are hereby incorporated by reference. 17. At all times relevant to the subject matter of this Complaint, Plaintiff was a patient of Dr. Banach, receiving treatment and interventions based on his medical requirements. 18. That Dr. Banach, who treated Plaintiff for his left eye complaints, was negligent in his care and treatment of the Plaintiff- 4 a. By injecting, for the second time, the steroid into the left eye on or about October 2005. when the intraocular pressure was already elevated ; b. By failing to monitor and assure adequate control of the intraocular pressures which were increasing following the steroid injections; C. By failing to recognize and promptly treat the symptom of morning "fogginess" as a likely consequence of the dangerously elevated eye pressures, which had occurred from the long acting steroid injections, and which pressures tend to be highest on awakening; d. By failing to remove the steroid material before the elevated eye pressure damaged the eye, causing the need for further eye surgeries and other eye damage; e. By causing damage to the optic nerve during the treatment of the left eye. 19. That as a result of the negligence of Dr. Banach, as described in paragraph 18 above, Plaintiff was exposed to an increased risk, and did experience significant difficulties with his left eye. requiring additional treatment, loss of vision in the left eye and other surgeries. 20. That as a result of the negligence of Dr. Banach, Plaintiff suffers continued disability related to his left eye, and has lost visual skills necessary for his employment. 21. That as a result of the negligence of Dr. Banach, Plaintiff suffered bodily injury, including exacerbation of pre-existing conditions, some of which are permanent, and require medical treatment. 22. As a result of the negligence of Dr.Banach. Plaintiff has suffered limitation, pain. disability. psychological and emotional distress and depression. 5 23. As a direct result of the negligence of Dr.Banach, Plaintiff has incurred, and may continue to incur, medical expenses and lost wages. WHEREFORE, Plaintiff demands judgment against Dr.Banach in an amount in excess of $35,000 together with interest and costs. COUNT II DONALD LAUGHERY v. PENNSYLVANIA RETINA SPECIALISTS, P.C. VICARIOUS LIABILITY 24. The averments contained in paragraphs 1-23 are hereby incorporated by reference. 25. At all times relevant to the subiect matter of this Complaint, Plaintiff was a patient of the Pennsylvania Retina Specialists, P.C.( hereinafter PRS) practice group. 26. Defendant Michael Banach, M.D. was an employee and/or agent of PRS during the entirety of the Plaintiff's care, described above. 27. Defendant PRS was negligent through the conduct of Dr. Banach as specified in paragraph 18 above. 28. The negligence of PRS increased the risk that Plaintiff would sustain the damages set forth herein and was a substantial factor in causing his elevated eye pressures and visual loss. leading to the need for multiple procedures, extended treatment and permanent damage to the left eye. 29. As a direct and proximate result of the negligence of PRS, Plaintiff continues to suffer visual loss, depression, lost income and daily limitation of activities. WHEREFORE, Plaintiff demands judgment against PRS in an amount in excess of $35,000 together with interest and costs. 6 COUNT III MARY LAUGHERY v. MICHAEL BANACH, M.D. AND PENNSYLVANIA RETINA SPECIALISTS, P.C. LOSS OF CONSORTIUM 30. The averments contained in paragraphs 1-29 are hereby incorporated by reference. 31. That as a result of Defendants' negligent conduct as noted above, wife/plaintiff has sustained damages as a result of the loss of services, guidance, companionship, society, affection and consortium of her husband. WHEREFORE, Mary Laughery demands judgment against Defendants in an amount in excess of $35,000 together with interest and costs. Goldberg Katzman, P.C. Date: 3o o- A ril . Strang- ut , squire ID#: 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs 7 VERIFICATION 1, April L. Strang-Kutay, Esquire, hereby acknowledge that I am the attorney for Plaintiffs: that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. The Plaintiffs' Verifications are unavailable at present, but will be filed with the Court when they become available. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, GOLDBERG KATZMAN, P.C. ?, By: //",. I sz? /?01?? April . Strang- utay, Es Attorney I.D. No. 46728 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster. Pennsylvania, with first-class postage prepaid on the day of 2007, addressed to the following: Evan Black, Esq Derek D. Bahl. Esq. Thomas Thomas &Hafer, LLP 305 North Front St. PO Box 999 Harrisburg, PA 17108 ?t By: Glenda J. Eberso , Legal Secretary for April L. Strang-Kutay, Esquire n `y C M -31 (b rn co GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD R. LAUGHERY and Medical Professional Liability Action MARY LAUGHERY, his wife Plaintiffs V. No. 07-3710 MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA JURY TRIAL DEMANDED SPECIALISTS, P.C. Defendants Certificate of Merit as to Michael J. Banach, M.D. I, April L. Strang-Kutay, 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 increased the risk of harm or was a cause in bringing about the harm; AND 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 ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: *-4 0 0 7 ? .se April L. trang-Ku ay, ' e w CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster. Pennsylvania, with first-class postage prepaid on the ,;)? day of _ 2007, addressed to the following: Evan Black. Esq Derek D. Bahl, Esq. Thomas 1 homas &Hafer, LLP 305 North Front St. PO Box 999 Harrisburg, PA 17108 /? A 'm A /nn 1), By: _ Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire Q Q cc) GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717)509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD R. LAUGHERY and MARY LAUGHERY, his wife Plaintiffs Medical Professional Liability Action V. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. Defendants No. 07-3710 JURY TRIAL DEMANDED Certificate of Merit as to Pennsylvania Retina Specialists, P.C. L April L. Strang-Kutay, 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 increased the risk of harm or was a cause in bringing about the harm; AND/OR Zthe 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 r 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 ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: ?' l April L. Strang-Kutay, 94ire 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the ? day of 2007, addressed to the following: Evan Black, Esq Derek D. Bahl, Esq. Thomas Thomas &Hafer, LLP 305 North Front St. PO Box 999 Harrisburg. PA 17108 _ By: 9j, - 6sba? Glenda J. Ebersole Legal Secretary for April L. Strang-Kutay, Esquire ?? ? tiz ? ?..,?" f, ? ` w ?? .C' ? ? ? %? . F?1 ? '' ? '?w? ? [ 3 .? .?' SHERIFF'S RETURN - REGULAR LASE NO: 2007-03710 P t COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHERY DONALD R ET AL VS BANACH MICHAEL J MD ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BANACH MICHAEL J MD the DEFENDANT , at 1652:00 HOURS, on the 27th day of June 2007 at 220 GRANDVIEW AVENUE SUITE 200 CAMP HILL, PA 17011 by handing to SUSAN MARTIN, BUSINESS MANAGER ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Postage .58 Surcharge 10.00 v?o4?6? C?,,, .00 42.02 Sworn and Subscibed to before me this day of , So Answers: Iw' R. Thomas Kline 06/28/2007 GOLDBERG KATZMAN By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR tSE NO: 2007-03710 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHERY DONALD R ET AL VS BANACH MICHAEL J MD ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PENNSYLVANIA RETINA SPECIALISTS PC the DEFENDANT , at 1652:00 HOURS, on the 27th day of June , 2007 at 220 GRANDVIEW AVENUE SUITE 200 CAMP HILL, PA 17011 by handing to SUSAN MARTIN, BUSINESS MANAGER ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 s)b5la, 4-, ? 16.00 Sworn and Subscibed to before me this day So Answers: U R. Thomas Kline 06/28/2007 GOLDBERG KATZMAN By: ?2 Deputy Sheriff of A. D. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Evan Black, Esquire Attorney I.D. 17884 (717) 441-7051 Derek D. Bahl, Esquire Attorney I.D. 87851 DONALD R. LAUGHERY and MARY LAUGHERY, Plaintiffs VS. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C., Defendants Attorneys for Defendants Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 07-3710 CIVIL TERM JURY TRIAL DEMANDED To the Prothonotary: Kindly withdraw the appearance of Derek D. Bahl, Esquire on behalf of the Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C., relative to the above-captioned action. Y• . Respectfully submitted, Th s & Hafer, LLP . Date: 2-3 ?a By: 1TA F.> Dere k Bahl, Esquire ?' CERTIFICATE OF SERVICE I, Nora A. Starnes, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I served a copy of the foregoing Praecipe for Withdrawal of Appearance on the following person addressed as follows by United States first class mail at Harrisburg, Pennsylvania: April Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 Nora A. Starnes Date: fl; 3 /-7 Fr, c-n Crl KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 DONALD R. LAUGHERY and MARY LAUGHERY, h/w ATTORNEY FOR DEFENDANTS, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. CIVIL TERM: 07-3710 JURY TRIAL DEMANDED ENTRY OF APPEARANCE AND JURY TRIAL DEMAND TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendants, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C., only in connection with the above-captioned matter. A jury trial consisting of a panel of twelve (12) jurors is hereby demanded. KILCOYNE & NESBITT, LLC i J S P. KILCOYNE G.?i THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Evan Black, Esquire Attorney I.D. 17884 (717) 441-7051 Derek D. Bahl, Esquire Attorney I.D. 87851 DONALD R. LAUGHERY and MARY LAUGHERY, Plaintiffs VS. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C., Defendants Attorneys for Defendants Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 07-3710 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Kindly withdraw the appearance of Evan Black, Esquire on behalf of the Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C., relative to the above-captioned action. Respectfully submitted, Tho , .T m s Hafer, LLP Date: 7102 By: Evan Black, Esquire GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD R. LAUGHERY and Medical Professional Liability Action MARY LAUGHERY, his wife Plaintiffs V. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. Defendants TO THE PROTHONOTARY: No. 07-3710 JURY TRIAL DEMANDED Please substitute the attached Verifications signed by the Plaintiffs with the Attorney's Verification attached to the Complaint in the above-referenced matter. To: Curtis R. Lou, Prothonotary A to ey for 4#1a Dated: November 16, 2007 April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. I.D. No. 46728 VERIFICATION 1. Donald Laughery, acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge. information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. f _ onald Laughery Date: ??? Y't?O-7 VERIFICATION 1. Mary Laughery, acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge. information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Mary Lau ery Date; Aoo us+ '(u 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the ! day of Ab" 2007, addressed to the following: Jacqueline R. Drygas, Esquire James P. Kilcoyne, Esquire Kilcoyne & Nesbitt, LLC Plymouth Meeting Executive Campus 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 ?--- By: I" Cj Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire C ti r`a C= C? Q r W KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 DONALD R. LAUGHERY and MARY LAUGHERY, h/w V. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. ATTORNEY FOR DEFENDANTS, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL TERM: 07-3710 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: April L. Strang-Kutay, Esquire Goldberg Katzman 600-A Eden Road Lancaster, PA 17601 You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service thereof or a default judgment may be entered against you. KILCOYNE & NESBITT, LLC X- C O , E T JAMS K JAC U ALAE R. DRYG SQUIRE Attorneys for Defendants, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 DONALD R. LAUGHERY and MARY LAUGHERY, h/w V. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. ATTORNEY FOR DEFENDANTS, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL TERM: 07-3710 JURY TRIAL DEMANDED ANS WER AND NE W MA TIER OF DEFENDANTS, MICHAEL J. BANACH, M.D. AND PENNSYLVANIA RETINA SPECIALISTS, P. C., TO PLAINTIFFS' COMPLAINT Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C., by and through their attorneys, Kilcoyne & Nesbitt, LLC, hereby answer Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, answering Defendant are without sufficient knowledge or information to allow them to form a belief as to the truth of the averments in paragraph 1 of Plaintiffs' Complaint, and therefore Defendants demand strict proof thereof at trial, if relevant. 2. Admitted in part. Denied in part. It is admitted that Defendant Michael J. Banach, M.D., is a physician licensed under the laws of the Commonwealth of Pennsylvania with an office located at 220 Grandview Avenue, Suite 200, Camp Hill, PA 17011. All remaining allegations are denied as conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, and strict proof thereof is demanded at trial, if relevant. 3. Admitted in part. Denied in part. It is admitted that Defendant, Pennsylvania Retina Specialists, P.C. is a professional corporation located in the Commonwealth of Pennsylvania with an office located at 220 Grandview Avenue, Suite 200, Camp Hill, PA 17011. All remaining allegations are denied as conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and strict proof thereof is demanded at trial, if relevant. STATEMENT OF LIABILITY 4. Denied. The allegations contained in paragraph 4 of Plaintiffs' Complaint are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. STATEMENT OF FACTS 5-15. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. COUNTI DONALD LAUGHERY VS MICHAEL BANACH, M.D. NEGLIGENCE 16. Answering Defendants hereby incorporate answers to paragraphs 1 through 15, inclusive, as though fully set forth at length herein. 17. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 18. Denied. It is specifically denied that answering Defendants were negligent. To the contrary, at all times relevant, answering Defendants rendered reasonable and appropriate medical care to the patient. Furthermore, it is specifically denied that any action or inaction by answering Defendants caused harm to the patient and strict proof thereof is demanded at trial if relevant. By way of further answer, pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 19. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 20. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 21. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 22. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 23. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs together with attorneys' fees and costs. COUNT II DONALD LAUGHERY V. PENNSYLVANIA RETINA SPECIALISTS, P.C. VICARIOUS LIABILITY 24. Answering Defendants hereby incorporates answers to paragraphs 1 through 23, inclusive, as though fully set forth at length herein. 25. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 26. Admitted in part. Denied in part. It is admitted only that Defendant, Banach, was an employee of Pennsylvania Retina Specialists, P.C., during all material times hereto. All remaining allegations are denied as conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and strict proof thereof is demanded at trial, if relevant. 27. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 28. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. 29. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs together with attorneys' fees and costs. COUNT III MARY LAUGHERY V. MICHAEL BANACH, M.D. AND PENNSYLVANIA RETINA SPECIALISTS, P.C. LOSS OF CONSORTIUM 30. Answering Defendants hereby incorporate answers to paragraphs 1 through 29, inclusive, as though fully set forth at length herein. 31. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs together with attorneys' fees and costs. NEW MATTER 32. At all times material hereto, answering Defendants' treatment of the Plaintiff was in accordance with accepted standards of medical care at the time and place of the treatment. 33. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 34. Plaintiffs' claims are barred by operation of the applicable statute of limitations. 35. If Plaintiff sustained the injuries alleged, which injuries are specifically denied, said injuries may have been the result of the negligent or careless acts and/or omissions of Plaintiff and/or other persons and/or entities over whom answering Defendants exercised no control. 36. Plaintiffs' claims may be barred or the amounts recoverable therefrom reduced by operation of the Pennsylvania Comparative Negligence Act. 42 Pa.C.S.A. Section 7102 et seq. 37. Plaintiffs' claims may be barred by the doctrine of assumption of risk. 38. Plaintiffs' claims may be barred by the doctrine of superseding and/or intervening cause. 39. Plaintiff gave a fully informed consent to the medical treatment rendered by answering Defendants. 40. Plaintiffs' claims are subject to, and limited by, the Healthcare Services Malpractice Act of 1975, as amended. 41. Plaintiffs' claims are subject to, and limited by, the MCare Act of 2003. 42. If there is a judicial determination that Pa.R.C.P. 238 is unconstitutional, said constitutionality being expressly challenged as a violation of the due process and the equal protection clauses of the 14th Amendment of the United States Constitution; 42 U.S.C. Section 1983; Article I, Section 1, 6, 11, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then payment of interest shall be suspended for any period of delay not occasioned by answering Defendants. 43. Plaintiffs' claim is barred by the doctrine of release. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs together with attorneys' fees and costs. KILCOYNE & NESBITT, LLC A -t KA qJA P. ILC E, INE R. DRY , SQUIRE Attorneys for Defendants, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. VERIFICATION I, Michael J. Banach, M.D., on my own behalf and on behalf of Pennsylvania Retina Specialists, P.C., make this verification subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. The attached Answer and New Matter to Plaintiffs' Complaint is based upon information that I have furnished to my counsel and information that has been gathered by my counsel in preparation for the defense of this lawsuit. The language contained in the Answer and New Matter to Plaintiffs' Complaint is that of counsel and not of me. I have read the Answer and New Matter to Plaintiffs' Complaint and, to the extent that it is based upon information that I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Answer and New Matter to Plaintiffs' Complaint are that of counsel, I have relied upon my counsel in making this verification. ' MICHAEL J. BANACH, M.D. On my own behalf and on behalf of Pennsylvania Retina Specialists, P.C. Dated: 1 f IQ4 /.a (185-246) ('_) ?? c::? ??? °' i"7 C":7 . ? ? ., ? T _'. - E..t? _.. _, f 'e "S -_., ., :. __',"j 5..; ??"\ r . GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD R. LAUGHERY and Medical Professional Liability Action MARY LAUGHERY, his wife Plaintiffs V. No. 07-3710 MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA JURY TRIAL DEMANDED SPECIALISTS, P.C. Defendants ANSWER TO NEW MATTER 32. Paragraph 32 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 33. Paragraph 33 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 34. Paragraph 34 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 35. Paragraph 35 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 36. Paragraph 36 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 37. Paragraph 37 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 38. Paragraph 38 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 39. Paragraph 39 indicates that Plaintiff gave an "informed consent" for medical treatment by answering Defendants; Plaintiff contends that negligence as alleged in paragraph 18 of Plaintiff s complaint occurred, and therefore this new matter is denied. 40. Paragraph 40 raises all affirmative defenses and applicable provisions of the Healthcare Services Malpractice Act. Plaintiffs intend to pursue this matter as entitled under the applicable law. 41. Paragraph 41 raises all affirmative defenses and applicable provisions of MCARE Act, Act 13 of 2002. Plaintiffs intend to pursue this matter as entitled under the applicable law. 42. Paragraph 42 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 43. Paragraph 43 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. Date: /a 3 0 7 ,-- / April Strang-Ku y ID#: 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at , Lancaster, Pennsylvania, with first-class postage prepaid on the 4411 day of Oxi.,V14 2007, addressed to the following: Jacqueline R. Drygas, Esquire James P. Kilcoyne, Esquire Kilcoyne & Nesbitt, LLC Plymouth Meeting Executive Campus 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire (`1 C? rv ? ? ?, ? ,, -- ? ?? ? ' ? ?f h .f ?? _. : ?,i .- , .c7 f (-i i ?? ? ? ? ?" ",? r CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -vs- MICHAEL J. BANACH, M.D., ET AL I NOW Lee 71r- Y IN COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 S on beha € of /0/ JAC ELINE DRYGAS, ES,f At rney for DEFENDANT R1.51 133-H DEll 64 004 -LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H D802-0382620 64004-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. File No. 07-3710 MICHAEL J. BANACH, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ STEPHEN DAVIS? M.D. (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 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: JACQUELINE DRYGAS ES ADDRESS: 630 WEST GFRMANTnUW TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 0 9 20M Date: Y A66 7 Seal of the Court BY THE COURT: Pro onotary/Cle sion Deputy 64004-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STEPHEN DAVIS, M.D. 1863 CENTER STREET CAMP HILL, PA 17011 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715894 64004-LO1 CERTIFICATE 410 ,Tr NAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -vs- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of. JACQUELINE DRYGAS, 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. S on beha f-of kQ DATE: 01/09/2008 AC LINE DRYGAS, E Att rney for DEFEND R1.51 133-H DE11 64004-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -vs- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-COl »> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GEOFFREY J. BRENT. M.D. (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 Gros nc., 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 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: JACQUELINE DRYGAS. ESO. ADDRESS: 630 WEST GERM_A_NT_ OWN PIKE. SUITE 121 PLYMOUTH MEETING. PA 19462 TELEPHONE: 01246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE XC T: Protho /Clerk. JvIM-4ion JAN 0 9 2008 Date: /y' a66 2 Deputy Seal of the Court 64004-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GEOFFREY J. BRENT, M.D. EYECARE GROUP 92 TUSCARORA STREET HARRISBURG, PA 171041691 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715896 64004-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ?,7?riNAt IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -VS- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 S on behalf of JAC ELINE DRYGAS, E At rney for DEFEND R1.51 133-H DE11 64004-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY vs. File No. _ 07-3710 MICHAEL J. BANACH, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMM.WEAL TH OF PAD PT OF I (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 M CS Group- Inc., 1601 Market treet, 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: JACQUELINE DRYGAS. ES ADDRESS: 630 WFST CtF.RMANTnWW TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C T: Protho otary/Clerk, C' i ' on JAN 0 9 2808 Deputy Date: 17 a007 Seal of the Court 64004-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMM.WEALTH OF PA DEPT OF L&I BUREAU OF EMPLOYMENT PERS 7TH & FORSTER ST. HARRISBURG. PA 17120 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, 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 : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715898 64004-LO3 CERTIFICATE Le PREREQUISITE TO SERVICE OF A SUBPOENA A +??•,(L PURSUANT TO RULE 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -vs- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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. ArnAttYQoey n beha f of .n DATE: 01/09/2008 , ES . LINE DRAEFENDT&F/ for R1.51 133-H DE11 64004-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D.,, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL. RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MID PENN UROLOGY. INC. (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 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: JACQUELINE DRYGAS. ESO. ADDRESS: 630 WEST E M NTOWN PIKE _SUITE 121 PLYMOUTH MEETING PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant O BYTHEC T: Prothono /Clerk, Ci ' sio JAN 0 9 2008 Date: r.Qru / ?( , d1G 67 Deputy Seal of the Court 64004-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MID PENN UROLOGY, INC. 423 N. 21ST STREET SUITE 300 CAMP HILL, PA 17011 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715900 64004-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Co,7iriNA? IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -VS- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 on behalf *,of .n AC LINE DRYGAS, E Att rney for DEFE R1.51 133-H DE11 64004-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY vs. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KEITH BRAZZO DPM (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 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: JACQUELINE DRYGAS. ESQ. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING. PA 19462 TELEPHONE: _ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothono /Clerk, C' i ' on N o 9 os / y 0200 ? Deputy Date: 9 10 Seal of the Court 64004-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEITH BRAZZO, DPM 2112 HARRISBURG PIKE SUITE 1 LANCASTER, PA 176043200 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715902 64004-LOS 7/r, /AJA CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 f"? At on half e'b A2 E DRYGAS, Ec for DEFEND23 R1.51 133-H DE11 64004 -L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY _VS_ MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL. RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALAN L. ROBIN: M.D. (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 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: JACQUELINE DRYGAS. ES ADDRESS: 630 WEST GERMANTOWN TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 0 9 2008 Date: ??eCe., y/ a2QQ 7 Seal of the Court BY THE CO Prothono /Clerk, Civil io Deputy 64004-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALAN L. ROBIN, M.D. 6115 FALLS ROAD SUITE 333 BALTIMORE, MD 212092226 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715904 64004-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF : DONALD & MARY LAUGHERY 131CIAlk COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- MICHAEL J. BANACH, M.D., ET AL CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 S on beh 1f- of/L/ S ' JAC AFENAK LINE DRYGAS, At orney for DER1.51 133-H DE11 64004-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ANDREW J LEITZEL, O D (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, Philadejphs, 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: JACQUELINE DRYGAS. ES ADDRESS: 630 WEST GERMANTOWN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothon /Clerk, C' W7i JAN 0 9 2= ., - I "0 7 Deputy, Date: i Seal of the Court 64004-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANDREW J. LEITZEL, O.D. PREMIER EYE CARE GROUP 2745 N. FRONT STREET HARRISBURG, PA 171101265 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715906 64004-LO7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 N,4c IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -VS- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 c?G / AAtt4ney beha of LINE DRYGAS, E for DEFEND /] /71 R1.51 133-H DE11 64004-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-COl >>> LOCATION LIST <<< LOCATION NAME STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR RECORDS MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS &.BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY PAGE: 1 R1.49S 133-H DE02-0382620 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREATER BALTIMORE MEDICAL C:TR (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 RMER **** 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 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: JACQUELINE DRYGAS. ES ADDRESS: 630 WEST GERMANTOWN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Out l , cV_0 4 7 Seal of the Court BY THE CO Prothono /Clerk, C**-'on Deputy 64004-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS 6701 N. CHARLES ST. BALTIMORE. MD 21204 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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, 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, 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, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715908 64004-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 r3IMNAL IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -vs- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 S on beh -f of JAC ELINE DRYGAS-, i/o rney for DEFE2CE At R1.51 133-H DEll 64004 -L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREATER BALTIMORE 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 GMW. 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 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: JACQUELINE DRYGAS. ES ADDRESS: 630 WEST GERMANTOWN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothon /Clerk, C' s' I V// ?d' Cx ?7 a d e7 7 Duty Date: Seal of the Court 64004-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR BILLING DEPT. 6701 N. CHARLES ST. BALTIMORE, MD 21204 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, 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 : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715910 64004-L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY #41MOINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- MICHAEL J. BANACH, M.D., ET AL CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 R1.51 133-H DEll 64004-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M.D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY File No. 07-3710 VS. MICHAEL J. BANACH, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREATER BALTIMORE 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 00 Pbiladelphia 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: JACQUELINE DRYGAS. ES ADDRESS: 630 WEST ERMANTOWN TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Protho tart'/Clerk, ion Date: '0 dzx'? /41 i Jo O.7 Deputy 7 Seal of the Court 64004-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR RADIOLGY DEPT. 6701 N. CHARLES ST. BALTIMORE. MD 21204 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILM INVENTORY THAT IS TO INCLUDE TYPE OF STUDY, NUMBER OF STUDIES AND THE DATE OF THE STUDIES PERTAINING TO: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715912 64004-L10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ,"Tr-NNAL IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -vs- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 01/09/2008 A R1.51 133-H DE11 64004 -Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 12/20/2007 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 133-H DE02-0382620 64004-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED STEPHEN DAVIS, M.D. GEOFFREY J. BRENT, M.D. COMM.WEALTH OF PA DEPT OF L&I MID PENN UROLOGY, INC. KEITH BRAZZO, DPM ALAN L. ROBIN, M. D. ANDREW J. LEITZEL, O.D. GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING EMPLOYMENT MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY FILM INVENTORY PATHOLOGY R1.49S 133-H DE02-0382620 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY File No. 07-3710 vs. MICHAEL J. BANACH, M.D., ET AL D TO: Custodian of Records for GREATER BALTIMORE 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 Groin- Inc., 1601 Market Street. Suite 800, P ilade jWa, 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: JACQUELINE DRYGAS. ES ADDRESS: 630 WEST GERMANTOWN TELEPHONE: (215) 246-090Q SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T Prothon *11 n 07 Deputy Date: /y 4 i Seal of the Court 64004-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR PATHOLOGY DEPARTMENT 6701 N. CHARLES ST. BALTIMORE. MD 21204 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all pathology reports and records, 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 : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.49S 133-H SU10-0715914 64004-Lll ,?, ?..? ;? _ --., .._ ` ~-r ?,d - ... ,_ 1 ?? ?;? , , CERTIFICATE At, PREREQUISITE TO SERVICE OF A SUBPOENA ORIGIN PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -VS- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things puyn to Rule 4009.22 MCS on be half of JACQUELINE DRYGAS, 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: 03/11/2008 S CS on b half of` L. /J /v ??? i JA UELINE DRYGAS, A orney for DEFENbANT R1.51 118-H DEll 64004-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG FOOT & ANKLE CENTER MEDICAL RECORDS & BILLING TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 02/20/2008 CC: JACQUELINE DRYGAS, ESQ. - 185246 Any questions regarding this matter, contact MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 118-H DE02-0386535 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG FOOT & ANKLE CENTER (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 ATTA H D RIDER **** at The M .roLO. 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 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: JACQUELINE DRYGAS ES ADDRESS: 630 WEST GF.RMANT(MM TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: P thono ivil Division MAR 11 2OW Date: a1/3IDg Seal of the Court Deputy 64004-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG FOOT & ANKLE CENTER 2200 DOVER ROAD HARRISBURG. PA 17112 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: BEZ-EB-7959 Date of Birth: 07-26-1949 R1.49S 118-H solo-0722016 64004-L12 T _ oy ?`j•}j••"T t CERTIFICATE OF SERVICE I, Jacqueline R. Drygas, counsel for Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C., do hereby certify that Defendants' Request for to Plaintiffs for Production of Expert Reports was served upon the following via first class mail: April L. Strang-Kutay, Esquire Goldberg Katzman 600-A Eden Road Lancaster, PA 17601 KILCOYNE & NESBITT, LLC JA P CILCOYN IRE JA QUELINE R. DR AS, ESQUIRE Attorneys for Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C. Date: 3 f? KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 DONALD R. LAUGHERY and MARY LAUGHERY, h/w V. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. ATTORNEY FOR DEFENDANTS, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL TERM: 07-3710 JURY TRIAL DEMANDED DEFENDANTS, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C.'S REQUEST TO PLAINTIFFS FOR PRODUCTION OF EXPERT REPORTS TO: Donald R. Laughery and Mary Laughery c/o April L. Strang-Kutay, Esquire Goldberg Katzman 600-A Eden Road Lancaster, PA 17601 FROM: Michael J. Banash, M.D. and Pennsylvania Retina Specialists, P.C. c/o Jacqueline R. Drygas, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 Pursuant to Pennsylvania Rule of Civil Procedure 1042.28(b), you are requested within one hundred and eighty (180) days of service of this request to furnish me, Jacqueline Drygas, Esquire, expert reports summarizing the expert testimony that you will offer to support the claims of professional negligence that you have made against Michael J. Banash, M.D. and Pennsylvania Retina Specialists, P.C. You are required to serve copies of all expert reports on all other parties. Date: ( 3 KILCOYNE & NESBITT, LLC BY: JAMS LCO ESQUIRE JAC U INE DRY AS, ESQUIRE Attorneys for Defendants, Michael J. Banash, M.D. and Pennsylvania Retina Specialists, P.C. P M CERTIFICATE OF SERVICE I, Jacqueline R. Drygas, counsel for Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C., do hereby certify that Defendants' Request for to Plaintiffs for Production of Expert Reports was served upon the following via first class mail: April L. Strang-Kutay, Esquire Goldberg Katzman 600-A Eden Road Lancaster, PA 17601 KILCOYNE & NESBITT, LLC J P LCbYNF IRE 'Ad JA QUELINE R. DR AS, ESQUIRE Attorneys for Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C. Date: .5 3 i It '_' ,' L4 Lam. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 10/20/2009 R1.86S 144-H MCS on behalf ofcc?? /S/ acquel ne eL. pygad, el. JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER@KILCOYNELAW.COM DE11-0984057 64004-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CENTRAL FILL INC. PRESCRIPTION/PHARMACEUTICAL RECORDS CAPITAL BLUE CROSS/BLUE SHIELD INSURANCE MEDICARE/HGSA INSURANCE MEDICAID INSURANCE TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 09/28/2009 MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT CC: JACQUELINE DRYGAS, ESQ. - 185246 APRIL L. STRANG-KUTAY, ESQ. GOLDBERG, KATZMAN, ET AL 600 A EDEN ROAD THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 LANCASTER, PA 17601 R1.86S 144-H DE02-0567101 64004-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL FILL INC. (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 MC'S Groin ,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 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: TACO JFI INE DRYGAS. Q. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 -PLYMOUTH MEETING PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: .tom Prothonotary/Clerk, Civil Dikision OCT 2 O Deput Date: ? ? y oZ crv 9 Seal of the Court 64004-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL FILL INC. 4415 LEWIS ROAD P.O. BOX 69301 HARRISBURG, PA 17111 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire prescription and/or pharmaceutical file, including but not limited to any and all records, reports, correspondence, memoranda, complete history and payment records, 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 : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.86S 144-H SU10-0806334 64004-L13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -vs- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 10/20/2009 R1.86S 144-H MCS on behalf of /S/ ac jaeltne 2rygas, ejq. JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER@KILCOYNELAW.COM DE11-0984060 64004-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAPITAL BLUE CROSS/BLUE SHIELD (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 MCI; Groin, 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 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: JACQUELINE DR ADDRESS: 630 WEST GERM TELEPHONE: _(,215)246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant roc,Yo- 10 Date: 1,7; n2X altDp Seal of the Court BY THE COURT: 61 le Zoz=:s Prothonotary/Clerk, Civil division D ty 64004-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAPITAL BLUE CROSS/BLUE SHIELD 2500 ELMERTON AVE P. 0. BOX 772132 HARRISBURG, PA 17110 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ID# PFP80045804100, GROUP# PFP361 Any and all insurance records and PIP files, including but not limited to medical reports 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 as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.86S 144-H SU10-0806336 64004-L14 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -VS- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 10/20/2009 MCS on behalf of /S/ Jacqueline 2ry9aJ, ej q. JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTERCKILCOYNELAW.COM R1.86S 144-H DE11-0984063 64004-L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MEDICARE/HCTSA (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 M QM=. Inc.- 1601 Market Street, Suite 800. P ilad jpWa. 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: ADDRESS: TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: I.,/ Lm - Pro honotary/Clerk, Civil Di 'sion A *2,t OCT.2S1' Duty Date: 4&9d? 2 q aea q Seal of the Court 64004-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR MEDICARE/HGSA LEGAL SERVICES P.O.BOX 890089 CAMP HILL, PA 17089 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports 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 as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7959 Date of Birth: 07-26-1949 R1.86s 144-H SU10-0806338 64004-L15 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 10/20/2009 R1.86S 144-H MCS on behalf of /S/ aaccquefine 2pt4gaieft. JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER@KILCOYNELAW.COM DE11-0984066 64004-L16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY VS. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MEDICAID (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 Groun, 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 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: JACQUELINE D ADDRESS: 630 WEST GERM. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Ut, 2 -0 20 Date: filq ?/,.. . '? f o?Oy 9 Seal of the Court BY THE COURT: /c/-R.f Prothonotary/Clerk, civil ivision Qs,. Dep ty64004-16 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MEDICAID DEPT OF PUBLIC WELFARE P.O.BOX 2675 HARRISBURG, PA 17105 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports 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 as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : DONALD R. LAUGHERY 367 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 Social Security #: 206-40-7959 Date of Birth: 07-26-1949 R1.86S 144-H SU10-0806340 64004-L16 Fl.' n ut ,u L2 F Ctjiw, . } ~. IN THE MATTER OF: CERTIFICATE PRBRSQIIISITB TO SERVICE OF A SIIBPOENA PIIRSIIANT TO RIILB 4009.22 ORIGINAL COURT OF COMMON PLEAS DONALD & MARY LAUGHERY -VS- TERM, CUMBERLAND CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL ("~ c~ C_ c., ~:i As a prerequisite to service of a subpoena for documents and things pursuafi~ Z `~_ to Rule 4009.22 _ ~? ~ -~ -;-y'O _.,, ~ .; _- s MCS on behalf of JACQUELINE DRYGAS, ESQ. ^.' ~` '6 -= 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: 07/22/2010 R2.33 116-H MCS on behalf of /S/ acq.ue6ine aLJryga~ ~~c~. JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER~KILCOYNELAW.COM D811-1144188 64004-L17 ' ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 07-3710 NOTICE OF INTENT TO SERVE A SIIBPOENA TO PRODIICE DOCII![ENTS AND T8INa8 FOR DISCOVERY PIIRSIIANT TO RIILE 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of JACQUELINE DRYGAS, 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: 07/02/2010 CC: JACQUELINE DRYGAS, ESQ. - 185246 APRIL L. STRANG-KUTAY, ESQ. GOLDBERG, KATZMAN, ET AL 600 A EDEN ROAD MCS on behalf of JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 LANCASTER, PA 17601 R2.31 116-H D802-0681196 64004-CO1 » > LOCATION LIST « < PAGE: 1 LOCATION NAME __ RECORDS REQUESTED GEOFFREY J. BRENT, M.D. MEDICAL RECORDS & BILLING COMM.WEALTH OF PA DEPT OF L&I EMPLOYMENT DAVIS PULMONARY ASSOC. MEDICAL RECORDS & BILLING MID PENN UROLOGY, INC. MEDICAL RECORDS & BILLING GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS GREATER BALTIMORE MEDICAL CTR BILLING ONLY ALAN L. ROBIN, M.D. MEDICAL RECORDS & BILLING CAPITAL BLUE CROSS/BLUE SHIELD INSURANCE R2.31 116-H D802-0681196 64004-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY vs. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUiVIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GEOFFREY J. BRENT, M.D. (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 Groin, Ina, 1601 M rket tree , SLite 800, Philadelp~, 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: ADDRESS: TELEPHONE: 01246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant B COURT: v ,notary/Cle ,Civil Division JUL 2 3 2010 n , ~ ~' ~ Deputy Date: V,Iw.G~ Seal of the Court 64004-17 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS fOR: GEOFFREY J. BRENT. M.D. EYECARE GROUP 92 TUSCARORA STREET ,_ HARRISBURG. PA 171041691 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees is excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates xequesteds from: Oa-O1-a008 to the preseat. subject s Do1~un x . i,AVt~ssaY 367 8TIIl~PSTOifN 80AD, M8CA11NICSBIIRQ, PA 17055 Social Security 8s ZEE-]CZ-7959 Date of Births 07-26-1949 82:31 11G-x solo-0853280 64004-Li7 cgRTIFICATs PRERB(~IIISITB TO 8$RVIC$ OF A SIISPOIlNA PIIRSIIANT TO RIILL 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 07/22/2010 R2.33 116-H MCS on behalf of /s/ ~ac~uelirce aLJru~~ ~~~. JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER@KILCOYNELAW.COM DS11-1144191 64 004 -L18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY File No. 07-3710 vs. . MICHAEL J. BANACH, M.D., ET AL SUBPOENA TO PRODUCE.. DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMM.WEALTH OF PAD .PT OF .4rI (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 MC4 Trou .Inc., 1601 M rket Street, SLite 800. Philar_le hi 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: ADDRESS: TELEPHONE: 12151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY OURT: ~~ Protho /Clerk, ivil Division ~.~UE 2 3 2010 O Deputy Date: ~, 0~-4/ Seal of the Court 64004-18 . EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: COMM.WEALTH OF PA DEPT OF L&I BUREAU OF EMPLOYMENT PERS 7TH & FORSTER ST. 'HARRISBURG. PA 17120 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates 8equestads froms OZ-O1-2008 to the present. Subject DONALD R . LAIIGIB~RY 367 STQ1~lPSTOiil~ EtOAD, 1[aC871NIC$BQRO, PA 17055. Social 8eaurfty #s EXa-ZZ-7959 -Date of Births 07-26-1949 I R2.31 116-H SII10-0853282 64004-L18 CERTIFICATE PREREQIIISITE TO SERVICE OF A SUSPOSNA PIIRSIIANT TO RIILE 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 07/22/2010 MCS on behalf of /S/ ac4ueLcne e[.Jryga^, ~~q~ JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER@KII,COYNELAW.COM R2.33 116-H DEll-1144194 64004-L19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY vs. File No, 07-3710 MICHAEL J. BANACH, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Custodian of Records for _ DAMS P Ii.MONARY A 4 (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: * * * * S .. ATTA D R * * * * at The M ,rr tn, inc , 1601 Market Street, ~i 500, Philadelph~ 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: ADDRESS: TELEPHONE:1~) 246-0 00 SUPREME COURT ID #: ATTORNEY FOR: Defendant. ~JUL 2 3 2010 Date: ~, a~~'~ Seal of the Court BY THE OURT: Pro on tary/Clerk, lull Division Deputy 64004-19 . EXPLANATION OF REQY.TIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: DAVIS PULMONARY ASSOC. .1863. CENTER STREET CAMP HILL. PA 17011 ARE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a .computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment. pertaining to: Dates 8equested: from 03-01-2008 to the present. Subject s DONALD R. LAOQSBRY 367 STO![PSTO~iN ROAD, lLSCSANICSSURO, PA 17055 Sooial Security #a %xx-EE-7959 Date of Birth: 07-26-1949 R2.31 116-H SII10-0853284 64004-L19 CBRTIFICAT$ PRBRSQIIISITB TO 88RVIC8 OF A BIIBP0BNA PIIRSIIANT TO RIILB 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -VS- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 07/22/2010 R2.33 116-H MCS on behalf of /s/ acqueline eLJresga.~, ~~Q. JACQUELINE DRYGAS, ESQ Attorney for DEFENDANT SRITTER~KILCOYNELAW.COM DS11-1144197 64004-L20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY File No. 07-3710 vs. . MICHAEL J. BANACH, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MID PENN TRO . Y, INC. (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 M :ro ~~_ Inc., 1601 Market Street, ~i 800, PhilaAe~~{, 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: ADDRESS: TELEPHONE: _IZ 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Pro notary/Clerk, Civil Division (.1111.2 3 2010 ~~~- ~' ~°~~ Deputy Date: Seal of the Court 64004-20 . EXPLANATION OF REQUIRED RECORDS TO CUSTODIAN OF RECORDS FOR: MLD PENN UROLOGY, INC. 423 N. 21ST STREET ~;SU I TE 300 CAMP HILL. PA 17011 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees is a:cess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all reeords~ correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates Requested: from: 02-01-2008 to the preseat. Subjeot : DONALD R. LAII(iBBRY 367 STU~dPBTONN ROAD, 1~C871NICSBIIRa, PA 17055 Social Security ~: E]C7[-EE-7959 Date of Birth: 07-26-1949 - .~ solo-0853286 64004-L20 CERTIFICATE PRBRLQIIISITB TO SERVICE OF A SUBP08NA PIIRSIIANT TO RIILB 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 07/22/2010 R2.33 116-H MCS on behalf of /S/ acque6ine aLJry~ a~, ~~ JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER~KILCOYNELAW.COM aril-1i442oo 64004-L21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY vs. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR D)GSCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ GRF_.ATER BAi.TIMORR .DI AI. .TR (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 R **** at The M ,ro;p. Inc., 1601 Market tree , 4~ite 800, Phila~e hi , 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: JACQi~~NE DRYGAS ESO ADDRESS: b30 WEST G .RMANTC~WN PiKF. SUITE 121 PLYMO I'1'H ..'j,~, PA 19462 TELEPHONE:12 1 51 246-0900 . SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Pro otary/Clerk, Civil Division Date: \ Sfj o°-~~d Deputy Seal of the Court 64004-21 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS DEPT. 6701 N. CHARLES. ST. BALTIMORE. MD 21204 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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, memoranda, handwritten notes, history and physical reports, medication/ ;prescription records, nurses notes, doctors 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 a may be stored in a computer database or otherwise in electronic form, ;elating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requesteds from: 02-01-2008 to the preseat. Subject DONALD R. LAIIG88RY 367 STIIlLPST0IPN ROAD, ![EC$711TICSBURa, PA 17055 Social Security 8: SEE-EE-7959 Date of Birth: 07-26-1949 R2.31 116-H SU10-0853288 64004-L21 CBRTIFICATE PRBRBQIIISITS TO SSRVICB OF A SIIBPOENA PIIRSIIANT TO RIILS 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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. MCS on behalf of DATE: 07/22/2010 /S/ ac~uelcne ~r~ga~, ~~~. JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER(4KILCOYNELAW.COM R2.33 116-H DEll-1144203 64004-L22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY vs. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ CxRF.AT_F.R BAi.TIMORF_. MF.DI .A . TR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: _ * * * * SEE ATTACHED iDF.R at The M ro ~n_ Inc__ 1601 Marke .~; ~i P 800, Philarle hi , PA 19103 You may deliver or mail legible copies of the. documents or produce things requested b~ 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: ADDRESS: TELEPHONE:1~) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ~~@23 Date: ~ ~ ~; otQ/l~ Seal of the Court BY THE OURT: Prothon Clerk, C' it Division Deputy 64004-22 . EXPLANATION OF REQUIRED RECQRDS T0: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR BILLING DEPT. 6701 N. CHARLES ST. BALTIMORE, MD 21204 RE: 64004 DONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer .database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates 8equesteds froas 02-01-2008 to the present. Subject : b0lT11LD R. r+11IIa8ERY 367 STDI[PSTO~I RO]1D, N8C$ANICBBURQ, P71 17055 Social Security #s 206-40-7959 Date of Births 07-26-1949 82.31 116-H solo-0853290 64004-L22 CSRTIFICATB PRERBQUISITI! TO BSRVICB OF A SUSP08NA PIIRSIIANT TO RIILB 4009.22 IN THE MATTER OF: DONALD & MARY LAUGHERY -VS- MICHAEL J. BANACH, M.D., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-3710 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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: 07/22/2010 R2.33 116-H MCS on behalf of /s/ acquedcize eLJryga.~ ~~g. JACQUELINE DRYGAS, ESQ. Attorney for DEFENDANT SRITTER~KILCOYNELAw.COM Dgli-1144206 64004-L23 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY File No. 07-3710 vs. -MICHAEL J. BANACH, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THING5 FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Ai.AN L. ROBIN, M.D. (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 ATTA .HED 1T~ .R at The MCS CTroup, Inc., 1601 Market Street, Suite 800, Philade~a, 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: JACQUELINE DRYGAS. ESQ. ADDRESS: 630 WEST G . MANTOWN P F. SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (2], 51246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ~~ 2 3 20ti0 Date: ~ %~Y- -Q; X16 Seal of the Court BY URT: Prothonotary Jerk, Civil Division Deputy 64004-23 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: ALAN L. ROBIN. M.D. 6115 FALLS ROAD SUITE 333 BALTIMORE, MD 21209 RE: 64004 OONALD R. LAUGHERY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda., handwritten notes, history and physical reports, medication/ prescription records, 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 or treatment pertaining to: Dates 8equested: fronts 02-01-2008 to the preseat. Subject s DO'TALD R. LAIIC;HBRY 367 STIIISPSTOHH RO71D, 1LPlCH11NICSBIIZtQ, P11 17055 Social Security ~: EZ7C-XZ-7959 Date of Birth: 07-26-199 R2.31 116-H SII10-0853292 64004-L23 CBRTIFICATB PR8R8QIIISITE TO SBRVICg OF A SUBP08NA PIIILSIIADiT TO RULB 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DONALD & MARY LAUGHERY TERM, CUMBERLAND -VS- CASE NO: 07-3710 MICHAEL J. BANACH, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JACQUELINE DRYGAS, 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:_07/22/2010 R2.33 116-H MCS on behalf of /s/ acQue~irte aUry9~, ~~4. JACQUELINE DRYGAS, ESQ. ~~ Attorney for DEFENDANT SRITTER(4KILCOYNELAw.COM agll-1144209 64004-L24 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DONALD & MARY LAUGHERY vs. MICHAEL J. BANACH, M.D., ET AL File No. 07-3710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAPITAi. BLLIF. CROSSBi iF D (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: * * * * . ATTA .D Rin .R * * * * at _ The MC Gro ~n, Inc , 1601 M rket ~ t, SLitP 800, Philade(~~, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificateof 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: ADDRESS: TELEPHONE: 01246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY URT: ~~L 2 3 Prothonotary/Clerk, ivil Division Date: it / ~~~ Seal of the Court Deputy 64004-24 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: CAPITAL BLUE CROSS/BLUE SHIELD 2500 ELMERTON AVE P O. `BOX 772132 HARRISBURG. PA 17110 'RE 64004 DONALD R. LAUGHERY Prfor approval is required for fees in exoess of $150.00 for hospitals, $100.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiffs claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: fraa: 09-01-2009 to the present. Subject s D08ALD R. L7lIIOS8RY 367 STQNPSTOifN RO1~D, lfEC811NIC88II1tG, PA 17055 Social Security ~: ZZZ-ZE-7959 Date of Birth: 07-26-1949 Ra.3i 116-x solo-0853294 64004-L24 KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 DONALD R. LAUGHERY and MARY LAUGHERY, h/w ATTORNEY FOR DEFENDANTS, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. to rn x .tlc c r- COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. CIVIL TERM: 07-3710 JURY TRIAL DEMANDED PRAECIPE FOR A STATUS CONFERENCE TO THE PROTHONOTARY P--a iU -v co N c.n Please transmit a request for a status conference to the Court, pursuant to Leb.R.C.P. 212. (1) Judge Previously Assigned to Matter: None Assi ned __ (2) Plaintiffs' Counsel will be participating [in person] [by telephone]. The telephone number at which Plaintiff's counsel can be reached is 717-509-6141 (3) Defendants' Counsel will be participating [in person] [by telephone]. The telephone number at which Defendants' counsel can 'be reached is 610-825-2833 /? -? ', // By:_ / / , Mark D. Bonavitacola, Esquire Identification No. 307218 630 West Germantown Pike, Ste 121 Plymouth Meeting, PA 19462 (610) 825-2833 Attorney for Defendants, Michael J. Banach, M.D., and Pennsylvania Retina Specialists CERTIFICATE OF SERVICE Mark D. Bonavitacola, Esquire hereby certifies that a true and correct copy of the foregoing Praecipe for a Status Conference was forwarded by way of United States First Class Mail, postage prepaid, to the following on Thursday. April 19, 2012: April L. Strang-Kutay, Esquire Goldberg Katzman 600-A Eden Road Lancaster, PA 17601 KiLCOYNE & NESBI T T. LLC JAMES P. KILCOYNE, ESQUIRE JACQUELINE R. DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorneys for Defendants, Michael J. Banach, M.D. and Pennsylvania Retina Specialists, P.C. Dated: April 19, 2012 KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 DONALD R. LAUGHERY and MARY LAUGHERY, h/w ATTORNEY FOR DEFENDANTS, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA SPECIALISTS, P.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA RT _ r_ V. CIVIL TERM: 07-3710 rnV3 C- --, MICHAEL J. BANACH, M.D. and PENNSYLVANIA RETINA ?? SPECIALISTS, P.C. JURY TRIAL DEMANDED w C-3 «--. cam -,. > 3 _? ` . ER t AND NOW, this ?./ day of 2012, upon considera tion of the Motion of Defendants, Michael J. Banach, M.D., and Pennsylvania Retina Specialists, P.C., to Set a Case Management Conference and Issue a Scheduling Order, it is hereby ORDERED and DECREED that Defendants' Motion is GRANTED. It is further RDERED that a Case Management Conference will be held on the 15:r • ?a-y of t?(r , 2012 be€erc+ M &4066-044 Counsel are permitted to attend via telephone. BY ThorKA A. Placety Common Pleas Judge DONALD R. LAUGHERY AND MARY LAUGHERY, Plaintiff V. MICHAEL J. BANACH, M.D. AND PENNSYLVANIA RETINA SPECIALISTS, P.C. Defendants CIVIL ACTION CIVIL NO: 2007-3710 RESCHEDULING OF MOTION OF DEFENDANTS TO SET A CASE MANAGEMENT CONFERENCE AND ISSUE A SCHEDULING ORDER ORDER OF COURT AND NOW, this 21st day of August 2012, upon consideration of the Motion of Defendants to set a Case Management Conference, the court is rescheduling the hearing to be held on 11 October 2012 at 3:00 p.m. in Courtroom Six of the Cumberland County Courthouse, Carlisle, PA. B , Thomas A. Placey C.P.J. Distribution List: Esq. Mark D; Bonavitacola , - , 630 W.' Germantown Pike, Suite 121 ... ?, _ ; Plymouth Meeting, PA 19462 April L. Strang-Kutay, Esq. 600-A Eden Road xms- Lancaster, PA 17601 j`- r- ('?P. 00 I&& of 01000WOOqqL. 4*L""P#4vj2t IN THE NINTH JUDICIAL DISTRICT COURT OF COMMON PLEAS DONALD R. LAUGHERY AND IN THE COURT OF COMMON PLEAS OF MARY I~AUGHERY, CUMBERLAND COUNTY, PENNSYLVANIA P1<~intiffs NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW NO. 2007-3710 CIVIL TERM MICHAEL J. BANACH, M.D. , .~. AND PENNSYLVANIA RETINA - ~-~. SPECIALISTS, P.C., - `_ ~.~ Defendants _.~ IN RE: CASE MANAGEMENT CONFERENCE ORDER OF COURT .~. AND NOW, this 11th day of October, 2012, following a case management conference at which April L. Strang-Kutay, Esquire, appeared on behalf of Plaintiffs, and Mark D. Bonavitacola, Esquire, appeared on behalf of Defendants, the Court. sets tYie following case management order that will occur following the filing of a precipe listing the case for trial: 1. An~• dispositive motions must be filed to be heard no later than they 2 August 2013 Argument Court. 2. Pretrial conference will be on 25 September 2013, which shall include any motions in limine. 3. ThE~ trial date shall be 7 October 2013, with the parties currently expecting a 4 or 5 day case. By the tCourt,. Thomas A.~Placey C.P,J. / April L. Strang-Kutay, Esquire 600-A Eden Road Lancaster, PA 17601 For Plaintiffs ~ Mark: D. Bonavitacola, Esquire 630 W. Germantown Pike Suite 121 / Court Administrator Plymouth Meeting, PA 19462 For Defendants ma E_ P; CS !'I~i. ~ ~Co~ l0 I /q ~/ a ~,~ G