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HomeMy WebLinkAbout03-5661 FINE, WYATT & CAREY, P.c. BY: RICHARD G. FINE, ESQUIRE Attorney 10 Number: 08281 BY: JEFFREY E. HA VRAN, ESQUIRE Attorney 10 Number: 78840 425 Spruce St. PO Box 590 Scranton PA 18501 (570) 343-1197 A l'TORNEY FOR DEFENDANTS ANTHONY SCICCHITANO, ---------------------------------------------------.----------------------------------- Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. TIMOTHY P. FARRELL, M.D. CIVIL ACTION - LAW and QUANTUM IMAGING & THERAPEUTIC ASSOCIATES,INC, JURY TRIAL DEMANDED Defendants. NO. 03 - 5661 CIVIL ----------------------------------------------------.---------------------------------- CERTlFICA TE PREREOUlSITE TO SERWCE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve a subpoena with a. copy of the subpoena attached thereto were mailed or delivered to each part~' at least 20 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 e bpoena. ,__ "'" .r ' j~E cry ! ~/rvr~ ,. , Date: <{ FINE, WYATT & CAREY, P.c. BY: RICHARD G. FINE, ESQUIRE Attorney ID Number: 08281 BY: JEFFREY E. HA VRAN, ESQUIRE Attorney ID Number: 78840 425 Spruce St. PO Box 590 Scranton PA 18501 (570) 343-1197 ATTORNEY FOR DEFENDANTS ANTHONY SCICCHITANO, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. TIMOTHY P. FARRELL, M.D. CIVIL ACTION - LAW and QUANTUM IMAGING & THERAPEUTIC ASSOCIATES,INC. JURY TRIAL DEMANDED Defendants. NO. 03 - 5661 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I, JEFFREY E. HA VRAN, ESQUIRE, intend to serve a subpoena identical to the one attached to this notice, You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. E Date: ~/J6/0 'i / . ANTHONY SCICCHITANO, COMMONWEALTH OF pamSYL VANIA COUNTy OF CUMBERLAND r',':"'" f.' ~, ;'P .~ "~.~ ~.-_..- -,~~~-"~.,'7'~;-=;-'-" vs. '';' . :.""..~,;:?~~-j,!:,q:ffC.~.-, '<:7..-7."~~.-'"' , . ;..' ~- .... ;~~J:.':':''i!:i~;;rTs2~~~~~?~~Ei;}s~~f!f~ -.,t; t;- TIMOTHY P. FARRELL, M.D. and QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC., Records CustOdian, Fredricksen Outpatient Center TO: 2015 Technology Parkway, Mechanicsbur~, PA 17050 (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: Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Any and all medical records, charts and/or diagnostic films regarding Anthony SCiCChitano, DOB: 2/10/83 SSN: 204-62-4731 at FINE, WYATT & CAREY, 425 Spruce Street, 4th Fl., P.O.Box 590, Scranton, PA 1850: (Address) 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: JEFFREY E. HAVRAN, ESQUIRE ADDRESS: P.O. Box 590 Scranton, PA 18501-0590 TELEPHONE: (570) 343-1197 SUPREME COURT ID # 78840 ATTORNEy FOR: Detendants Date: 1)1.1 ~ .;;2 ~ ;J t'YJy. Sea of the C urt -- o c -ut'ti 92,~1] tJ;),; ;:.c",.: ~~) ~g ~ .."' ,.... ~ -~ 5? ~ ~~ '"0 -0 '::3 '8 . ~ i5~ 3 ''''\'11 v:> 91 ." ~ o ~~. N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, (')3 - SCaf.1 (],u...l/~AL CNIL ACTION - LAW Anthony Scicchitano 609 Sharon Avenue Mechanicsburg, P A 17055 Timothy p, Farrell, M.D, 3508 Trindle Road Camp Hill, PA 17011 Plaintiff Quantum hnaging & Therapeutic Associates, Inc. 3508 Trindle Road Camp Hill, PA 17011 Defendants versus PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. ~ Writ of Summons shall be issued and forwarded to Sheriff for service, l \" 1 Date: l 0 ?7)t U 7 NA VITSKY, OLSON & WISNESKI LLP M~~~Ni!~,~ LD, No. 58t v 2040 Linglestown Road, Suite 03 Harrisburg, P A 1711 0 717/541-9205 Counsel for Plaintiff WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. J;,~~J ~ ~~ Dated: 04 .)"',:> OA.~ ,~AZLJ-""_O - P .C-yy;r~ , D~ty (::J ~ 1 't l'l C/t Vv vt C') 0 ....... ~ 0 0 'is ~ (..) -n 8 <:) ..., ~ ~ '"O~ n :r.::!J ~ ~..i .... .. 'r-'. N '!',i~ ~~ :i:O -.l '2(':> ;.::c, 'V ....,.:-n, $ i~ :::z:: i:Jrs ~-7 r.a iSm :-1 ~ '.11 ?o '" -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-05661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCICCHITANO ANTHONY VS FARRELL TIMOTHY P MD ET AL CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FARRELL TIMOTHY P MD the DEFENDANT , at 1215:00 HOURS, on the 31st day of October 2003 at 405 ST JOHNS CHURCH ROAD CAMP HILL, PA 17011 by handing to KAREN BUCHER, MEDICAL SEC, 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 Service Affidavit Surcharge So Answers: 18.00 8.97 .00 10.00 .00 36.97 r-~ -....c~ R. Thomas Kline 11/03/2003 NAVITSKY OLSON WISNESKI day of By: X~J- 7~ /puty Shpiff Sworn and Subscribed to before "'" me this /'1 ~ '-nin~v .,2.0,) 'I A. D . '---h (- "' Q Yvufjl.<...- rothonotary .~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-05661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCICCHITANO ANTHONY VS FARRELL TIMOTHY P MD ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon QUANTUM IMAGING & THERAPEUTIC ASSOCIATES INC the DEFENDANT , at 1215:00 HOURS, on the 31st day of October ,2003 at 405 ST JOHNS CHURCH ROAD CAMP HILL, PA 17011 by handing to KAREN BUCHER, MEDICAL SEC, 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~r'" /' <~v;:fl' .,.. ~~~ f ...&~o~::.R R. Thomas Kline 11/03/2003 NAVITSKY OLSON WISNESKI Sworn and Subscribed to before By: r~/k7 D/ty SlierYf me this /'1 e day of ~~." A.D. C ') ~, Q. "Yl1.JJI.., ~~ 4:;!othonotary FINE, WYATT&UlREY, PC BY, RICHARO C. FINE, ESQUIRE Attorney 10 Numbet.. 08281 425 Sptuce St. PO Box 590 SCt<lnton PA 18501 (570) 343-1197 A TTORNEY FOR OEFENOANTS ANTHONY SCICCIDTANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03 -, 5661 CIVIL PRAECIPE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Defendants in the above-captioned action, FINE, WYATT & CAREY, P.C. ~ .,L f /?(,) 0 / RI ARD G. FINE, ESQUIRE ~ c 'ri w 0 .... -u~ rrI ;i:n C") .. r- i~ I '01 N C3 ;.::::0 :>> ;:;1, ~~ ::I: 2 S' c) ~ U1 ~ 0'> FINE, WYATT&01REY, PC BY, RICHAROG. FINE, E50UIRE Altomey 10 Number.. 08281 4255pmce St. PO Box 590 5a.nton PA 18501 (570) 343-1197 A TTORNEY FOR DEFENDANTS ANTHONY SCICCHITANO, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. TIMOTHY P. FARRELL, M.D. CIVIL ACTION - LAW and QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. JURY TRIAL DEMANDED Defendants. NO. 03 - 5661 CIVIL PRAECIPE TO THE PROTHONOTARY: Issue a Rule on the above named Plaintiff(s) to file a Complaint in this action within twenty (20) days of service of said Rule, or suffer judgment non pros, FINE, WYATT & CAREY, P.C. ~ ~ {J~ RICHARD G. FINE, ESQUIRE RULE NOW, this .(,.J4ay of DE.c.e.mb e..a..., 2003, Rule is herewith granted as prayed for. ~ (J-/ /? -Ju;; i ~ .~_ PROTHONOTARY "--- at)/)' ~ 2.. 7fl'"./?~ DEPUTY ~i 8 Q ~ ~ .-l ;f-')ll " .;~~ ~. ~c: I N :0 '" S2 ..::: '<: c:' ~ ~:rl Jg 15 ~~ :::) .' i ~ U'1 cr> ANTHONY SCICCHITANO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : No, 03-5661 Civil TIMOTHY P. FARRELL, M.D., and : CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED '~/~ --.", NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following 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 may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ANTHONY SCICCHITANO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v, : No. 03-5661 Civil TIMOTHY P. FARRELL, M,D., and : CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following 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 may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ANTHONY SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. : No. 03-5661 Civil TIMOTHY P. FARRELL, M.D., and CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Anthony Scicchitano, is a person of the full age of majority and resident of Cumberland County, Pennsylvania, 2, Defendant, Timothy p, Farrell, M.D" is a person of the full age of majority and a physician practicing in the medical field of radiology and employed by or on behalf of Quantum Imaging & Therapeutic Associates, Inc. in Cumberland County, Pennsylvania, 3. At all material times herein, Dr. Farrell was an employee, servant, agent, apparent agent, or staff member of Quantum Imaging & Therapeutic Associates, Inc. 4. Defendant, Quantum Imaging & Therapeutic Associates, Inc. is a medical corporation authorized to do and doing business within the Commonwealth of Pennsylvania; specifically, in Cumberland County, Pennsylvania, consisting of physicians practicing in the medical field of radiology, of whom Timothy P. Farrell, M,D, was a member, employee, shareholder, partner, servant, agent, or apparent agent at all material times herein, 5. Anthony Scicchitano fell while ice skating during winter vacation from college on January 11, 2002, injuring his left wrist. 6. Anthony Scicchitano was taken to Seidle Hospital in Mechanicsburg, Cumberland County, Pennsylvania on January 12,2002 where x-rays of his left wrist were taken and interpreted by Dr. Farrell as being essentially normaL 7. Specifically, two views ofthe left forearm were taken at Seidle Hospital and interpreted by Dr. Farrell as revealing no evidence of fracture or dislocation and no bony or soft tissue abnormality being identified. Dr. Farrell therefore concluded that the left forearm was normaL More importantly, however, four views of Anthony Scicchitano's left wrist were taken at Seidle Hospital on January 12,2002 and interpreted by Dr. Farrell as revealing no evidence of fracture or dislocation and no bone or soft tissue abnormality being identified. Dr. Farrell concluded that the four views of the wrist were therefore negative and normaL 8. Anthony Scicchitano was therefore discharged from Seidle Hospital with no follow-up medical care. 9. Nevertheless, Anthony Scicchitano continued to experience significant left wrist pain and was ultimately examined by an orthopaedic surgeon, Stephen W. Dailey, M.D" on May 17,2002. Dr. Dailey took a history, performed an examination and reviewed the x-rays that had been taken at Seidle Hospital on January 12, 2002 and interpreted by Dr. Farrell. Dr. Dailey reported that the "x-rays do show a nondisplaced scaphoid fracture," Due to the lack of proper diagnosis and therefore treatment following the injury, the wrist went on to form a malunion of the scaphoid with deformity. 10. Anthony Scicchitano continued to be treated by Dr. Dailey and ultimately underwent surgery to have his left wrist surgically fractured and then repaired with bone grafting, all of which treatment and surgery would not have occurred or been necessary had the fracture been properly diagnosed by Dr. Farrell on January 12, 2002, 11. The January 12, 2002 x-rays of Anthony Scicchitano's left wrist were taken at Seidle Hospital and interpreted by Dr. Farrell, as aforesaid, were also reviewed by an independent physician specializing in the medical field of radiology, That independent review concluded, as did Dr. Dailey, that there was a definite nondisplaced fracture of the mid scaphoid bone that is adequately visualized for a definitive diagnosis on the wrist films. 12. As a result of the failure to diagnose the wrist fracture on January 12, 2002 by Dr. Farrell, Anthony Scicchitano suffered pain and discomfort, limited motion and use of his left wrist which went on to form a malunion requiring subsequent orthopaedic care and surgery, none of which would have occurred had Dr. Farrell properly read and interpreted the x-rays of Anthony Scicchitano's wrist on January 12, 2002. 13. Anthony Scicchitano believes and therefore avers that Dr, Farrell provided substandard medical care; that is, medical care that fell below the appropriate standard of care, and was therefore negligent in the following particulars: a. failing to diagnose, disclose and treat Anthony Scicchitano's left wrist fracture on January 12,2002; b. misreading, misinterpreting, and misreporting the January 12, 2002 radiographs of Anthony Scicchitano's left wrist, as alleged herein;m c. failing to recognize and report the fractured left wrist on the January 12,2002 x- rays as alleged herein; d. failing to recognize and report on the January 12, 2002 x-rays that the x-rays did show a nondisplaced scaphoid fracture; e, failing to recognize and report that the January 12, 2002 x-rays of Anthony Scicchitano's left wrist showed a definite nondisplaced fracture ofthe mid scaphoid bone that is adequately visualized for a definitive diagnosis on the wrist films; f. failing to recommend proper treatment for the fracture as visualized on the January 12, 2002 films; 14. As a direct and proximate result of the Dr. Farrell's negligence as alleged herein, Anthony Scicchitano suffered a malunion of his left wrist which required subsequent orthopaedic care, including surgery involving bone grafting, significant pain and suffering, limited use of his wrist, a loss of enjoyment of life and daily activity, scarring and disfigurement, medical expenses, and lost earnings and earning capacity, none of which would have been incurred but for Defendant's negligence and claim is made for all such past, present and future damages. 15. Anthony Scicchitano believes and therefore avers that Dr. Farrell's negligence, as alleged herein, increased the risk of harm to him by allowing his fractured wrist to improperly heal thereby worsening his ultimate outcome and past, present and future damages and injury, and claim is made therefore. 16. Accordingly, Anthony Scicchitano claims all damages cognizable under Pennsylvania law, past, present, and future for the personal injuries and damages sustained as a result of Defendants' negligence as alleged herein. 17, As Dr. Farrell was at all material times an employee, servant, agent, apparent agent, or staff member of Quantum Imaging & Therapeutic Associates, Inc" the latter is vicariously liable for his actions and consequent damages and injuries sustained by the Plaintiff, as alleged herein, and claim is made therefor. WHEREFORE, Plaintiff demands judgment against Timothy P. Farrell, M.D. and Quantum Imaging & Therapeutic Associates, Inc. for compensatory damages in an amount in excess of Twenty-five Thousand ($25,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration and for a trial by jury, Respectfully submitted, NA VITSKY, OLSON & WISNESKI LLP Date: Lf~ ;)..3/0 '7 Michael J. LD. No. 58 2040 Linglestown Road, Suite 303 Harrisburg, PAl 711 0 717/541-9205 Counsel for Plaintiff VERIFICATION I, Anthony Scicchitano, do hereby swear or affirm that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the provisions of 18 Pa, C.S.A. 94904, relating to unsworn falsification to authorities. , , ~'~:D~ WITNESS) Anthony Scicchitano CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this 22nd day of December, 2003 serving a true and correct copy of the Plaintiff's Complaint upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard G, Fine, Esquire Fine, Wyatt & Carey, p,c. 425 Spruce Street P.O, Box 590 Scranton, PA 18501 Counsel for Defendant -f ~~ h LJ~ Jessie K. Walsh (') ,..., 0 c..? f; c"" " ~ 0 :-;:1 P"' ._L.. ..,., C") rnp i".' -orT1 CD? 0-'. S~C) ..", 'C=r. J. ~:'? ~,~~ ,- ~'CC~~ rn -, '-. CJ :r) ~, N " ANTHONY SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v, No. 03-5661 Civil TIMOTHY p, FARRELL, M,D., and QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT TIMOTHY P. FARRELL. M.D. I, Michael J. Navitsky, Esquire, certify that: ~ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR D 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 o expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, Date: February 12, 2004 Michael J. N vi~liky, Esquire LD. No. 588(}}" 2040 Linglestown Road, Suite Harrisburg, P A 17110 717/541-9205 Counsel for Plaintiff I i " i\ 03 2 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this Ith day of February, 2004 serving a true and correct copy of the Certificate of Merit as to Defendant Timothy P. Farrell, M.D. upon all counsel ofrecord via postage prepaid first class United States mail addressed as follows: Richard G. Fine, Esquire Fine, Wyatt & Carey, P,C. 425 Spruce Street P,O, Box 590 Scranton, PA 18501 Counsel for Defendant ~~~ f, :M-+ Lois E, Stauffer (') c; ....." r-~ = <=> J,- .." rn oJ ~.'~ ~~i -"- -' o -n .-l :C." fn r-: -rtm -u'1' C~C) -'--_.~\" -:L-n Cl'~I~~ .':-.,. "'i't -::.f: 'J~::<" - ' z:? (,> <..'-' ANTHONY SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. No. 03-5661 Civil TIMOTHY P. FARRELL, M.D., and QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT OUANTUM IMAGING & THERAPEUTIC ASSOCIATES. INC. I, Michael J. Navitsky, Esquire, certify that: o an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR rYI 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 o expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, Date: February 12,2004 NA... ~I.T _. S .K. Y '. OLSON & ~S S. KI LLP I~ '\ I ~,- ! ~ Ltt\Ct i . V \(tUr, Michael J. N vi ky, Esquire I.D, No. 588 .\ 2040 Linglestown Road, Suite 303 Harrisburg, P A 17110 717/541-9205 Counsel for Plaintiff 2 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this 12th day of February, 2004 serving a true and correct copy of the Certificate of Merit as to Defendant Quantum Imaging & Therapentic Associates, Inc. upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard G. Fine, Esquire Fine, Wyatt & Carey, P.C. 425 Spruce Street P,O. Box 590 Scranton, PA 18501 Counsel for Defendant yJ;(q-~ ~. JJ+ Lois E. Stauffer (') (= ;~,,,. I;; '" = ~~ -., rrJ OJ o -n ,-, I.......... nl.-.'J ,- ~""!f" :;JO OJ. ':':::1 C) ~!?~ ::.;.-t -J ....,. ~~? '-.) <..0 -;... :.:<: FINE, WYATT & CAREY, P.c. BY: RICHARD G. FINE, ESQUIRE Attorney ID Number: 08281 BY: JEFFREY E. HAVRAN, ESQUIRE Attorney 10 Number: 78840 425 Spruce St. PO Box 590 Scranton PA 18501 (570) 343-1197 A TTORNEY FOR DEFENDANTS ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES,INC. Defendants. NO. 03 - 5661 CIVIL NOTICE TO PLEAD TO NEW MATTER TO: Plaintiffs C/o Michael Navitsky 2040 Unglestown Road Suite 303 Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF, OR DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. FINE, 7A~ C::u-- J FREY E. H FINE, WYATT & CAREY, P.c. BY: RICHARD G. FINE, ESQUIRE Attorney ID Number: 08281 BY: JEFFREY E. HAVRAN, ESQUIRE Attorney 10 Number: 78840 425 Spruce St. PO Box 590 Scranton PA 18501 (570) 343-1197 A HORNEY FOR DEFENDANTS ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES,INC. Defendants. NO. 03 - 5661 CIVIL TIMOTHY P. FARRELL, M.D. AND QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW COMES, the Defendants Timothy P. Farrell, M.D. and Quantum Imaging & Therapeutic Associates, Inc., by and through their attorneys, Fine, Wyatt & Carey, P.c., and hereby respond to Plaintiff's Complaint as follows: 1. oftrial. 2. 3. 4. 5. Denied pursuant to Pa. R.C.P. 1029 (c-e). Strict proof thereof is demanded at the time Admitted. Admitted. Admitted. Denied pursuant to Pa. R.C.P. 1029 (c-e). On the advice of counsel, the allegations and averments of paragraph 5 of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time oftrial. 6. Denied pursuant to Pa. R.C.P. 1029 (c-e). On the advice of counsel, the allegations and averments of paragraph 6 of Plaintiff's Complaint are denied pursuant to Pa. R,C.P. 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, any inference of negligence or carelessness on the part of the within Defendants is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. 7. Denied pursuant to Pa. R.C.P. 1029 (c-e). On the advice of counsel, the allegations and averments of paragraph 7 of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure, By way of further response, any inference of negligence or carelessness on the part of the within Defendants is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. 8. Denied pursuant to Pa. R.C.P. 1029 (c-e), On the advice of counsel, the allegations and averments of paragraph 8 of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, any inference of negligence or carelessness on the part of the within Defendants is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. 9. Denied pursuant to Pa. R.C.P. 1029 (c-e). On the advice of counsel, the allegations and averments of paragraph 9 of Plaintiff's Complaint are denied pursuant to Pa. R.C.P, 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, any inference of negligence or carelessness on the part of the within Defendants is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. 10. Denied pursuant to Pa. R.C.P. 1029 (c-e). On the advice of counsel, the allegations and averments of paragraph 10 of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, any inference of negligence or carelessness on the part of the within Defendants is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. 11. Denied pursuant to Pa. R.C.P. 1029 (c-e). On the advice of counsel, the allegations and averments of paragraph 11 of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, any inference of negligence or carelessness on the part ofthe within Defenda.nts is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. 12. Denied pursuant to Pa, R.C.P. 1029 (c-e). On the advice of counsel, the allegations and averments of paragraph 12 of Plaintiff's Complaint are denied pursuant to Pa. R,C.P, 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, any inference of negligence or carelessness on the part of the within Defendants is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. 13. (a-I). Denied pursuantto Pa. R.C.P, 1029 (c-e). On the advice of counsel, the allegations and averments of paragraph 13 (a-I) of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, any inference of negligence or carelessness on the part of the within Defendants is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. 14-17. Denied pursuant to Pa. R.C.P. 1029 (c-e). On the advice of counsel, the allegations and averments of paragraphs 14-17 of Plaintiff's Complaint are denied pursuant to Pa. R.C.P. 1029 (c-e) as permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, any inference of negligence or carelessness on the part of the within Defendants is specifically denied. To the contrary, the within Defendants acted with due care at all times. Strict proof thereof is demanded at the time of trial. WHEREFORE, the within Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in their favor. NEW MATTER 18. The within defendants herewith incorporate their responses to paragraphs 1 through 17 as fully as those said responses were herein set forth at length. DEMURRER 19. The within Defendants demur to Plaintiff's Complaint and request that same be dismissed for failing to state a claim upon which relief can be granted. LACK OF NEGLIGENCE 20. By way of New Matter and in defense of the above captioned action, the within Defendants aver that there is no negligence on their part or in the alternative, in the event that it is judicially determined that there was negligence on the part of the within Defendants, same was not a proximate cause or substantial factor of any injury alleged by Plaintiff. APPROPRIATE MEDICAL STANDARD 21. By way of New Matter and in defense of the above captioned action, the within Defendants aver that they acted within the standard of care of a health care provider similarly situated. ASSUMPTION OF RISK 22. By way of New Matter and in defense of the above captioned action, Plaintiff's claims are limited and/or barred because Plaintiff knowingly consented to medical treatments provided by the within Defendants and all normal and acceptable risks of said procedure were fully explained to Plaintiff prior to the rendering of any medical care. HEALTH CARE SERVICES MALPRACTICE ACT AND M-CARE 23. By way of New Matter and in defense of the above captioned action, the within Defendants herewith incorporate by reference all applicable defenses provided under the Health Care Services Malpractice Act, 40 P.s. Section 1301,101, et seq. and the Medical Care Availability and the Reduction of Error Act (M-Care) as fully as though same were herein set forth at length. CAUSATION 24. By way of New Matter and in defense of the above captioned action, the within Defendants aver that if Plaintiff sustained any injury, same was not due or caused by any act or failure to act in the part of the within Defendants but rather was caused by Plaintiff's own conduct in failing to follow medical advice and/or said problems were pre-existing and/or caused by other individuals and not the within Defendants. INTERVENING/SUPERSEDING CAUSE 25. By way of New Matter and in defense of the above captioned action, the within Defendants aver that the acts or omissions of others and not the answering Defendants constitute an intervening and/or superseding cause of the injuries and/or damages alleged to have been sustained by the Plaintiff and as such, the answering Defendants cannot be held liable for the alleged injuries to Plaintiff pursuant to Pennsylvania Law. CONTRIBUTORY/COMPARATIVE NEGLIGENCE 26. By way of New Matter and in defense of the above captioned action, the within Defendants aver that Plaintiff's claims are limited and/or barred by his contributory/comparative negligence in that he failed to follow the appropriate medical advice at all times relevant hereto, thereby contributing to and/or causing some, if not all, of the conditions complained of by the Plaintiff. STANDARD OF CARE 27. By way of New Matter and in defense of the above captioned action, the within Defendants aver that they acted reasonably and within the appropriate standard of care. TWO SCHOOLS OF THOUGHT 28. By way of New Matter and in defense of the above captioned action, the within Defendants aver that insofar as the answering Defendants elected a treatment modality which is recognized as proper but may differ from other appropriate treatment modalities, then said answering Defendants raise the "Two Schools of Thought" defense. STATUTE OF LIMITATIONS 29. By way of New Matter and in defense of the above captioned action, the within Defendants aver that the Plaintiff's claims are time barred by failing to institute suit within the applicable statue of limitations. RULE 238 DAMAGES 30. By way of New Matter and in defense of the above captioned action, if there is a judicial determination that the application of Rule 238 in the within action is constitutional, such possibility being specifically denied, then liability for any damages imposed under said Rule shall not run for the period of time that Plaintiff failed to convene a reasonable settlement demand, delayed in responding to any of Defendants' Discovery requests, violated any of the Discovery Rules or caused the delay oftrial. THE COLLATERAL SOURCE RULE 31. By way of New Matter and in defense of the above captioned action, the within Defendants aver that the collateral source rule does not apply if the Plaintiffs should be awarded any money damages, such possibility being specifically denied, then the amount of said damages must be reduced by the total amount of any and all payments that the Plaintiff received from any and all collateral sources for any injuries and/or damages that the Plaintiff allegedly suffered in this matter. REDUCTION OF MEDICAL EXPENSES 32. By way of New Matter and in defense of the above captioned action, the within Defendants aver that if Plaintiff should be awarded any money damages, such possibility being specifically denied, then the amount of said damages must be reduced by the total amount of any and all medical expenses charged but not actually paid by or on behalf of the Plaintiff, i.e., any amount recovered by the Plaintiff must be reduced by the sum of any and all medical expenses written off by any health care provider pursuant to the Pennsylvania Supreme Court's ruling in Moorhead v, Crozer - Chester Medical Center, 765 A.2d 786 (Pa. 2001). COLLATERAL ESTOPPEL, RES JUDICATA AND/OR RELEASE 33. By way of New Matter and in defense of the above captioned action, the within Defendants aver that Plaintiff's claims are limited and/or barred in part or in whole by the theories of collateral estoppel, res judicata and/or release to the extent that same apply to this action. WHEREFORE, the within Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in their favor. Respectfully Submitted, ~;?iJ;Ji' r / APR-22-2004 10:04 QUANTUM IMAGING 717 932 3095 P.02 -- ----- yeRlFICATION I, Carl Gross, hereby verify that I have read the foregoing Answer and New Matter to Plaintiff's Complaint, and that insofar as it is based upon information within my own knowledge, it is true and correct. The language of the pleading Is that of counsel, and not my own. I understand that this verification is made subject to the provisions of 18 PA C. S. 4904 pertaining to unswom falsification to authorities. ~d.~ Carl Gross, Corporate Designee of Quantum Imaging and Therapeutic Associates, Inc. DATE: '1./-;)./ LdI6a'-l File No. 18834 APR-22-2004 10:04 QUANTUM I MAGI NG 717 932 3095 P.03 -_.- ~ -,--- VERIFICATION. I, Timothy P. Farrell, M, D. hereby verify that 1 have read the foregoing Answer and New Matter to Plaintiff's Complaint. and thiat Insofar as it is based upon information within my own knowledge, it is true and correct. The language of the pleading is that of counsel, and not my own. I understand that this verification is made subject to the provisions of 1 B PA C. S. 4904 pertaining to unsworn falsification to authorities. CQ&JJ --' Timothy P. Farrell, M.D. DATE: 4/ ?.VO'i File No. 18834 TOTAL P.03 FINE, WYATT & CAREY, P.c. BY: RICHARD G. FINE, ESQUIRE Attorney ID Number: 08281 BY: JEFFREY E. HAVRAN, ESQUIRE Attorney ID Number: 78840 425 Spruce St. PO Box 590 Scranton PA 18501 (570) 343-1197 ATTOF:NEY FOR DEFENDANTS ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES,INC. Defendants. NO. 03 - 5661 CIVIL CERTIFICATE OF SERVICE I, Jeffrey E. Havran, Esquire, hereby certify that I served ,I true and correct copy of the forering Answer and New Matter to Plaintiff's Complaint by u.s. First Class Mail on the ;);).AJ-oay of April, 2004 upon the following: Michael Navitsky, Esquire 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 FINE WYATT & CAREY, P.c. ~_EH~ ~ ~ ~ ~ ~~ ~n' ~ rn ::>:l -x' :'B~ ~~ '" CN b ~e :;l':p ""- ~ ~;R ::;I: ~o ~_.( s> om :Pc" ~ ~ U1 ~ "" FINE, WYATT & CAREY, P.c. BY: RICHARD G. FINE, ESQUIRE Attorney ID Number: 08281 BY: JEFFREY E, HAVRAN, ESQUIRE Attorney ID Number: 78840 425 Spruce St. PO Box 590 Scranton PA 18501 (570) 343-7 797 A TTORNEY FOR DEFENDANTS ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES,INC. Defendants. NO. 03 - 5661 CIVIL CERTIFICATE OF SERVICE I, Jeffrey E. Havran, Esquire, hereby certify that I served a true and correct copy of Defendants' Discovery propounded upon the Plaintiff by U.S. First Class Mail on the ;;i] 'f- Day of April, 2004 upon the following: Michael Navitsky, Esquire 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 FINE, WYATT & CAREY, P.c. '~ ~~~- Ric ard G. Fine, Esquire (J -,~ ~}~r: ~J<~. ~~c,; j?l-~ {:::.!(---'. ).."'"c ~ ,..., = = J:" :x :0'" -< I W -0 :::!;; ~ U1 \D ~ :;:! fi"i:D r- -om f36 :r.' c;-H :2:0 om ..~ ;(> ,n -< ANTHONY SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v, No. 03-5661 Civil TIMOTHY p, FARRELL, M.D" and QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANTS' NEW MATTER 18. The allegations require no response, To the extent that any response is required, said allegations are denied. Plaintiff reiterates the allegations of his Complaint as ifset forth herein. 19, The allegations constitute conclusions oflaw to which no response is required, To the extent that any response is required, said allegations are denied, Plaintiffs Complaint states a claim upon which relief can be granted. 20. The allegations constitute conclusions oflaw to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff reiterates the allegations in his Complaint and incorporates same herein as if set forth at length. Defendants were negligent in providing substandard medical care that caused all of Plaintiffs injuries and damages as alleged in his Complaint. 21, The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied, Defendants failed to act within the standard of care for a health care provider similarly situated. Defendants provided substandard medical care which caused all of Plaintiffs injuries and damages as alleged in Plaintiffs Complaint. 22. The allegations constitute conclusions oflaw to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff did not consent to substandard medical treatment and the failure to properly diagnose his condition. Plaintiff did not knowingly assume any risk associated with medical malpractice, 23. The allegations constitute conclusions oflaw to which no response is required, To the extent that any response is required, said allegations are denied. Defenses not specifically raised are waived, 24. The allegations constitute conclusions oflaw to which no response is required. To the extent that any response is required, said allegations are denied. Defendants' negligence caused all of Plaintiffs injuries and damages as alleged in Plaintiffs Complaint. Plaintiff was not negligent in any fashion, Plaintiff did not ignore medical advice. To the contrary, Plaintiff followed all medical advice, Furthermore, Plaintiffs condition for which Defendants provided substandard medical care was not pre-existing, nor was the misdiagnosis of the condition caused by anyone else other than Defendants. Accordingly, all of Plaintiffs injuries and damages as set forth in this Complaint were caused by Defendants' negligence and Defendants' negligence alone, 25, The allegations constitute conclusions oflaw to which no response is required, To the extent that any response is required, said allegations are denied. There were no intervening and/or superseding causes to Plaintiffs injuries and damages as set forth in Plaintiffs Complaint. Defendants' substandard medical care caused all of Plaintiffs injuries and damages, 26, The allegations constitute conclusions oflaw to which no response is required, To the extent that any response is required, said allegations are dlenied, Plaintiff was not negligent in any fashion. To the contrary, substandard medical care caused all of Plaintiffs injuries and damages as set forth in his Complaint. 27, The allegations constitute conclusions of law to which no response is required, To the extent that any response is required, said allegations are denied. Defendants provided substandard medical care that caused all of Plaintiffs injuries and damages as set forth in his Complaint. Defendants did not act reasonably and within the appropriate standard of medical care in failing to diagnose Plaintiffs fractured wrist. 28, The allegations constitute conclusions oflaw to which no response is required. To the extent that any response is required, said allegations are denied, The "two schools of thought" defense does not apply to this case in that Defendants failed to diagnose Plaintiffs wrist fracture, As a result, Plaintiff received no treatment, thereby sustaining the injuries and damages as set forth in his Complaint. 29, The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiffs suit was timely filed, 30. The allegations constitute conclusions oflaw to which no response is required. To the extent that any response is required, said allegations are denied. Delay damages apply to this case and will most certainly apply to the verdict in this case, Delay in this case to date has been entirely the fault of Defendants. 31, The allegations constitute conclusions of law to which no response is required, To the extent that any response is required, said allegations are denied. The collateral source rule applies to this case. Defendants' assertions claiming any right of reduction are unfounded as a matter oflaw, 32, The allegations now represent an improper statement oflaw and therefore are denied, 33, The allegations constitute conclusions oflaw to which no response is required, To the extent that any response is required, said allegations are denied. Plaintiffs claims are not limited or barred in part or in whole by the theories of collaterall estoppel, res judicata, or release. Respectfully submitted, Date: ~/ ~~O~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, MICHAEL J, NA VITSKY, being duly sworn according to law, depose and say that I am counsel for Plaintiff, Anthony Scicchitano, and I am authonized to make this affidavit on behalf of said Plaintiff, and verify that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief, or are true and correct based on the information obtained from Plaintiff. Sworn and subscribed before me this .J:IfL day of M6-y , ,2004, '/I~~', \~~~ NQtary Public N9.rARJAl..~EAL _UJIf t STAUfFE,& NOTARY PU8I1C "'" OF HARRISBU!"!. IMUPHIN COUNlY MY COMMISSION EXPIRES MARCH 28 2005 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this 6th day of May, 2004 serving a true and correct copy of Plaintifrs Response to Defendants' New Matter upon all counsel ofrecord via postage prepaid first class United States mail addressed as follows: Richard G, Fine, Esquire Fine, Wyatt & Carey, p,c. 425 Spruce Street P.O, Box 590 Scranton, PA 18501 Counsel for Defendant ~9(J<V-Q -~ 0~ Jessie K. Walsh 0 "" :0 C'-'> ~ <-=> oJ:" '"T"' s; .-\ :r: -: r1'111 "('F;; 0 cry ('-5 -0 ",0 -r-I'" ; =~ C:.-:d S~~ -..-de') ':-? ""':""'~'n L. (.)' -,~ -.,,--1 -,' )c> -, :5.? en ANTHONY SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v, : No. 03-5661 Civil TIMOTHY p, FARRELL, M,D" and CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED ORIGINAL PLAINTIFF'S REQUEST TO DEFENDANTS FOR PRODUCTION OF EXPERT Rl~PORTS TO: Timothy P. Farrell, M.D. and Quantum Imaging & Therapeutic Associates, Inc. FROM: Anthony Scicchitano 1, Plaintiff, Anthony Scicchitano, has furnished you, the Defendants an expert report from Dr. Mark Bohlman summarizing the expert testimony that will be offered to support Plaintiffs claims of professional negligence: that has been made against you, 2, Pursuant to Pennsylvania Rule of Civil Procedure 1042.29(a)(2), you are requested within sixty (60) days of service of this request to furnish to Plaintiff expert reports summarizing the expert testimony that you will offer to support your defenses to the claims of professional negligence that have been m~Lde against you. 3. Failure to produce the requested reports within sixty days of the service of this request shall subject you to sanctions pursuant to Pennsylvania Rule of Civil Procedure 1042.31, which may include an Order of Court barring you from introducing expert testimony. RespectfuUy submitted, D,(e SV~~ NA VITSKY, OLSON Mi~~ ~ "ffi~Y'E~ ' LD, No, 5880 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff CERTIFICATE OF SERVICE I, Jessie K, Walsh, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this ~ay of May, 2004 serving a tme and correct copy ofthe Plaintiff's Request for Production of Expert Report to Defendants upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard G. Fine, Esquire Fine, Wyatt & Carey, P.C. 425 Spruce Street P.O. Box 590 Scranton, PA 18501 Counsel for Defendant j': " ~/~~-~0~ Jessie K. Walsh c> C. :1:~~ "1: (/[ ~=: :;J~-; J:-' ~~{ :J '" oe-_~ "'''' -"" o "Tl ::;J fi1:rJ " :9.111 ..~CJ ()(l, .'--l.J ::.c:r. i.~~i .~l :-.:6 -< ):~ -< w ""D :'f~: (/1 W ANTHONY SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v, No, 03-5661 Civil ORIGINAL TIMOTHYP, FARRELL,M.D" and CIVIL ACTION- LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED PLAINTIFF'S OBJECTION TO DEFENDANTS' INTERROGATORIES Defendants propounded Interrogatories upon Plaintiff on or about April 30, 2004. Defendants' seventy-four Interrogatories with subparts effectively creates hundreds of Interrogatories that well exceed forty in number as permitted by Cumberland County Rule 4005-1. Accordingly, Plaintiffrespectfully objects to Defendants' Interrogatories as being unnecessary, unduly burdensome and in violation of Local Rules of Court, Respectfully submitted, Date: ~( + 4 N >>A\,rITSK,Y' OLSO~ ~ . . ' , I Mic ael J. ~'sky, Esq ij- LD. No, 5:~0 I 2040 Linglestown Road, Suite 303 Harrisburg., PA 17110 717/541-9205 Counsel for Plaintiff CERTIFICATE OF SERVICI~ I, Jessie K. Walsh, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this I (%> day of May, 2004 serving a true and correct copy of the Plaintiff's Objection to Defendants' Interrogatories upon all counsel ofrecord via postage prepaid first class United States mail addressed as follows: Richard G. Fine, Esquire Fine, Wyatt & Carey, P,C. 425 Spruce Street P.O. Box 590 Scranton, PA 18501 Counsel for Defendant ,,--J~AJJL Jessie K. Walsh (') ...., 0 => C...: c:="..:.> ., ~~ ....- :E '... :1: :.TJ ):.i;.. rn -< ,-' rn -.,;', ("-I _L,J W 01 ,-,.9 l .. ~ ~S ~t~ c:. ~. zf11 C) C". -'-1 ~;- ~",,. :;J tJ1 j:; \.0 -< v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA O~r~r'\~ ." , .. i1. -.-1iIi11 '-olilOll.m ANTHONY SCICCHITANO, Plaintiff : No, 03-5661 Civil TIMOTHY P. FARRELL, M,D., and CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR A CASE MANAGEMENT CONFERENCE PURSUANT TO PA. RC.P. 1042.41 AND NOW, comes, the Plaintiff, Anthony Scicchitano. by his attorneys Navitsky, Olson & Wisneski LLP, to hereby Petition this Honorable Court to schedule a case management conference in the above-captioned case for the following reasons: 1, Mr. Scicchitano initiated this case against Defendant Dr. Farrell and his radiology group by the filing of a Writ of Summons in October, 2003. A Complaint was filed against Dr. Farrell and his group in December of 2003 and a Certificate of Merit was filed in February of 2004. 2, Essentially, Plaintiff alleges that the Defendant failed to diagnose a fractured wrist on January 12, 2002. Dr. Farrell observed no evidence of a fracture on x-ray. The wrist was clearly and quite obviously fractured. The wrong diagnosis allowed the broken bones to heal inappropriately and when the fracture was ultimately diagnosed in May of 2002, Mr. Scicchitano had to have his wrist surgically rebroken and th(:n set. This caused him great pain and has left him with continuing problems with the wrist. 3. Plaintiff has provided the defense with Mr. Scicchitano's medical records, particularly those records of the primary treating orthopedic surgeon, Dr. Stephen Dailey, Dr. Daily reviewed the films that had been wrongly interpreted by Dr. Farrell and reported as much in his records, It is as a result of these misread films that Mr. Scicchitano's fractures were allowed to heal improperly and therefore required surgical repair. 4, Additionally, Plaintiff has submitted to defense a medical expert report authored by Dr, Mark Bohlman, who is the Chief of Radiology at Johns Hopkins Medical Center, Bayview. That report was provided to the defense in May of 2004, 5, Plaintiff also filed a Request for the Production of Expert Reports from Defendants in May of2004, pursuant to Pennsylvania R.C.P, 1042.29(a)(2). This provided the defense with sixty days to provide Plaintiff with an expert report summarizing the expert testimony that would be offered in support of defense's position, The defense has repeatedly requested extensions of time to provide any such report. To date, the defense has offered no expert report, 6, Plaintiffhas also requested dates to take the deposition of Defendant Dr. Farrell and the defense has steadfastly refused to provide any such date. 7, Pennsylvania R.c.P. 1042.31 empowers the Court to impose sanctions against the Defendants for failing to produce an expert report within the sixty days of the filing of that request. The request was filed on May 13, 2004. Defendants have failed to provide any such expert report. Sanctions should therefore be imposed against the Defendants, It is respectfully submitted that Defendants should be precluded from offering any expert testimony in defense of their position in the case, 8. Plaintiff is entitled to take the deposition of Defendant Dr. Farrell. The Court should impose strict deadlines as to the scheduling of that deposition. WHEREFORE, Accordingly, a case management conference is requested for purposes of imposing strict discovery deadlines with respect to the deposition of Dr. Farrell and to discuss the imposition of sanctions based on Defendants' refusal to provide an expert report despite multiple extensions of time to do so. Respectfully submitted, Date: 2-n-DS- NA VIi)' OLll1NESK1 LLP MieLel] Navitsky, Esquire ~ 1.0. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this ffi~ of February 2005 serving a true and correct copy of the Plaintiff's Petition for a Case Management Conference Pursuant to PA. R.C.P. 1042.41 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard G, Fine, Esquire Fine, Wyatt & Carey, P.C. 425 Spruce Street P,O. Box 590 Scranton, P A 18501 Counsel for Defendant ~~_lL)1:CU"~ DJ/4l'- Jessi,e K. Walsh " --,. ANTHONY SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA c\ v, No, 03-5661 Civil O!\"'V~~I"',I 1'-:G.~'~~Il!,",..-.,"-'::!l TIMOTHY p, FARRELL, M,D., and CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INe., Defendants JURY TRIAL DEMANDED ORDER AND NOW, considering the foregoing Plaintiffs Motion for a Case Management Conference Pursuant to PA. R.e.P. 1042.41; IT IS HEREBY ORDERED, that a Case Management Conference is scheduled to be held 1-a 'f.. ' :< /) in Chambers on the day of (~,1' ',2005 at I, ,JClo'c1ockc...M, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: ,/jd J t\JJd Vi: ;7.\\tltl \ -'M~9JJ~ ----------~------ FINE, WYATT & CAREY, P.C. BY: RICHARD G. FINE, ESQUIRE Attorney JD Number: 08281 BY: JEFFREY E. HA VRAN, ESQUIRE Attorney 10 Number: 78840 425 Spruce Sf. PO Box 590 Scranton PA 18501 (570) 343-1197 A TTORNEY FOR DEFENDANTS ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03 - 5661 CIVIL DEFENDANTS. TIMOTHY P. FARRELL. M.D. AND QUANTUM IMAGING & THERAPEUTIC ASSOCIATES. INC.'S ANSWER TO PLAINTIFF'S MOTION FOR A CASE MANAGEMENT CONFERENCE PURSUANT TO PA.R.C.P. 1042.41 AND NOW COMES, the Defendants Timothy P. Farrell, M.D. and Quantum Imaging & Therapeutic Associates, Inc.. by and through their attorneys, Fine. Wyatt & Carey, P.c., and hereby responds to Plaintiff's Motion for a Case Management Conference as follows: 1. Admitted in part and denied in part. It is admitted only that Plaintiff filed a Writ of Summons, Complaint and Certificate of Merit. The allegations of these documents are specifically denied. Strict proof is demanded at the time of trial. .' 2, Admitted in part and denied in part. It is admitted only that Plaintiff alleges that the within Defendant failed to diagnose a fractured wrist. The within Defendant specifically denies these allegations along with the remaining averments of Paragraph 2 of Plaintiffs' Motion, Strict proof thereof is demanded at the time of trial. 3. Admitted in part and denied in part. It is admitted only that Plaintiff has provided the within Defendants with Mr, Scicchitano's medical records. Said records speak for themselves and any characterization thereof is specifically denied. Strict proof thereof is demanded at the time of trial. 4. Admitted. 5, Admitted in part and denied in part. It is admitted that Plaintiff's served a Request for Production of Expert Reports upon the Defendants. The within Defendants are presently having this matter reviewed and expect to file a response to same along with producing their expert reports in the near future. Strict proof thereof is demanded at the time of trial. 6, Denied as stated. It is specifically denied that the within Defendants have refused to provide dates for the deposition of Dr. Farrell, Strict proof thereof is demanded at the time of trial. 7, Denied as stated. The allegations and averments of Paragraph 7 of Plaintiffs' Motion are specifically denied. Pursuant to PaKC.P, 1042.31 (a). a party who has not received an expert report required to be produced under these rules may upon motion obtain a court order compelling the production of the report. In ruling on the motion, the court shall consider the complexity of the case. the diligence of the parties in making and responding to discovery requests, and other relevant factors. A party who has proceeded with reasonable diligence shall be given a reasonable time in which to complete necessary discovery and produce an expert report. There has been no lack of diligence on the parties and reasonable time should be given to complete necessary discovery and production of expert reports. Strict proof thereof is demanded at the time of trial. 8. Admitted, It is admitted that Plaintiff's are entitled to take the deposition of Dr. Farrell and that deadlines should be set regarding this matter. WHEREFORE, the within Defendants concur that deadlines be set with regard to various depositions and for the production of expert reports. Respectfully Submitted, Fine, Wyatt & Carey, P.c. ;f"'r:~e /,J ~ ---- ( , ,/ ", ~~'----. jeTf~Y E.,!j.ovran, ESq~ ,_/ . FINE. WYATT & CAREY, p,c. BY: RICHARD G, FINE. ESQUIRE Attorney 10 Number: 08287 BY: JEFFREY E. HA VRAN. ESQUIRE Attorney 10 Number: 78840 425 Spruce St, PO Box 590 Scranton PA 18501 (570)343-7797 AITORNEY FOR DEFENDANTS - ANTHONY SCICCHITANO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION -lAW TIMOTHY P. FARRElL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03 - 5661 CIVIL CERTIFICATE OF SERVICE I, Jeffrey E. Havran, Esquire, hereby certify that I served a true and correct copy of the foregoing Defendants, Timothy P. Farrell, M.D. and Quantum Imaging 8< Therapeutic Associates, Inc's Answer to Plaintiff's Motion For A Case Management Conference Pursuant to PA.R.C.P. 1042.41 by U.S. First Class Mail on the84!~y of March, 2005 upon the following: Michael Navitsky, Esquire 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 ~~~E, WY_A~TT & CAREY, P.C. /,-,,< )'" C ..,..,'~" \ Jeff"'-E: Havran~ E~ '..'> ANDREW SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW NO. 03-5661 CIVIL TIMOTHY P. FARRELL, M,D, and: QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED ORDER AND NOW, this l' day of April, 2005, following conference with counsel in chambers, it is ordered and directed that the parties adhere to the following case management order: I. The defense expert report shall be forthcoming within sixty (60) days and in default thereof plaintiff may request sanctions, 2. Both the plaintiffs and defendants' depositions shall be conducted within sixty (60) days. The completion of discovery within sixty (60) days hereof will provide time for counsel to list this matter for trial during the September term of court commencing on September 19, 2005, and for said purposes counsel are attached. BY THE COURT, " Michael J. Navitsky, EsqUirei For the Plaintiff (f ~ ffr H E. l..;1~\ /)' Je ey avran, sqUIre \ . For the Defendants i i r - (\ s SIJs' . /74- AU<:'::""," -::/:('18 ! I :2 lid 8- l.id'j sonz i,l~JVj()i"'::.JiL.C:dd 3Hl :fa :.'Jd:iC-(]:J1H ------------------ < FINE. WYATT&C4REY,PC BY. RICHARD G. FINE. ESQUIRE Attorney 10 Number.. 08281 BY. JEFFREY E HA VRAN ESQUIRE Attorney 10 Number.. 78840 425 Spruce Sf. PO Box 590 Scrqnton PA 18501 (570) 345-1197 A TTORNEY FOR DEFENDANTS - ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03 - 5661 CIVIL JOINT MOTION TO EXTEND DISCOVERY AND EXPERT REPORT DEADLINES AND NOW COMES, the above parties, jointly, by and through their various attorneys and hereby move this Honorable Court as follows: [, The present matter is a medical malpractice filed against Timothy p, Farrell, M,D, and his radiology group by Mr. Scicchitano wherein it is alleged that Dr. Farrell failed to diagnosis a fractured wrist 2, On or about April 7, 2005, the undersigned appeared before the Honorable Kevin A. Hess for a Case Management Conference at which time various deadlines were set A true and correct copy of said Order is attached hereto as Exhibit "A", , 3. The within parties have attempted to comply with said deadlines but due to unforeseen circumstances and various scheduling conflicts they have been unable to complete discovery within the deadline period, 4, The within parties jointly request this Honorable Court extend the discovery deadline and expert report deadline for thirty (30) days or until July 7,2005 to complete same. 5, A Stipulation of Counsel to extend same is attached hereto as Exhibit "8" Respectfully submitted, FINE, WYATT & CAREY, P.c. NA VITSKY, OLSON & WISNESKI,LLP ~ L ./.A -) RI HARD G, FINE, ESQUIRE ..." MICHAEL J, NA VITSKY Attorney for Plaintiff JEFF Y E HAVRAN, ESQUIRE Attorneys for Defendants Jun 10 05 _o.?-,_31,E _ u_ _"!~v i tsk~ 01 s_on_/J i snesk i 7175419206 p.2 , 3, The within parties have attempted to comply with said deadlines but due to Wlforeseen circwnstances and various scheduling conflicts they have been unable to complete discovery within the deadline period. 4, The within parties jointly request this Honorable Co\ll1 extend the discovery deadline and expert report deadline for thirty (30) days or until July 7, 200S to complete same. 5. A Stipulation of Counsel to extend same is attached hereto as Exhibit "B" Respectfully submitted, FINE, WYATT & CAREY, P.C. ~ L I .-4-) "-- R RD G. FINE, ESQUIRE JEFF Y E HAVRAN, ESQUIRE Attorneys for Defendants , EXHIBII "A" I 'tc )(1 ANDREW SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-5661 CIVIL TIMOTHY P. FARRELL, M.D. and: QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED ORDER AND NOW, this 1" day of April, 2005, following conference with counsel in chambers, it is ordered and directed that the parties adhere to the following case management order: L The defense expert report shall be forthcoming within sixty (60) days and in default thereof plaintiff may request sanctions, . 2. Both the plaintiff's and defendants' depositions shall be conducted within sixty (60) days, The completion of discovery within sixty (60) days hereof will provide time for counsel to list this matter for trial during the September term of court commencing on September 19, 2005, and for said purposes counsel are attached. BY THE COURT, Michael J. Navitsky, Esquire For the Plaintiff ./74 Jeffrey Havran, Esquire For the Defendants TRUE COPY FROM ReCORD "ll Testlmonywhareof. I here unto set my hand 'd t of at CarJlsI8,~ _ ~ J~ ~ ~ (' , , EXHIIII "I" 05/19/05 16:06 FAX 3439538 FlNE.WYATT.&CAREY ~002 , FINE, WY A17 & CAREY, p, C- BY: RICHARD G, FINE, ESQUIRE Attorney lD Number: 08281 BY' JEFFREY E. HAVRAN. ESQUIRE Attorney lD Number: 78840 425 Spruce SI. PO Box 590 Scranton PA /8501 (570) 343-1/97 ANTHONY SCICCHITANO, ATTORNEYS FOR DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VI. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendant!. NO. 03 - 5661 CIVIL STIPULATION OF COUNSEL TO EXTEND DlSCOVERY/EXPERT REPORT DEADLINE AND DEPOSITION DATE It is hereby stipulated and agreed among counsel for the parties herein to extend the deadline fOT discovery/expert reports along with the deposition date by thirty (30) days or until July 7, 2005. both for the Plaintiffs and for the Defendants to respond. This stipulation shall be submitted to the Court fur approval. Respectfully submitted: MlCHAEL J. VITSKY, ES Attorneys for the Plaintiff 05/19/05 16:06 FAX 3439538 FINE. WYATT. &CAREY @003 l FINE, WYATT & CAREY, P.C. ~ ~,O~ RI ARD G. FfNE, ESQUIRE ,~ JEFFREY E. HAVRAN, ESQUIRE Attorneys for Defendants ORDER AND NOW, this _ day of , 2005 the above Stipulation is approved and the scheduling for discovery, expert report and deposition date 3D-day extension is amended accordingly. BY THE COURT: J. () c ~~ ri; r-.' C:l = cJ' '- C-::- :~i '- ~~ - ~ ~-n rrlp= :'3 '2? tJ{"" .--i.;:;;, ::J: ~,i ';~:~~ \~~~ '0 '-<. ()'l 'V" :J;: {.;? o ....J RECEIVED JUN 16 200S,y - ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03 - 5661 CIVIL ORDER AND NOW, this ,l.(r day of 'ZJv.--<-- ,2005, it is hereby ORDERED AND DECREED that upon Stipulation and Joint Motion of Counsel, the Discovery Deadline and Expert Deadline in the above-captioned matter is extended thirty (30) days or until July 7, 2005, BY THE COURT: , /Ii J. RL"D '\ "'^E r.: ~-Ltetl0 ~ OF 'THi= PDI"TLii!\I'J-I't"RV Ij..... ';.i, J "~.., "., '\J.. 2D05 JUN 20 PH 3: 38 - FINE, WYATT&G4REY-P,C BY. RICHARD G FINE, ESQUIRE Attorney ID Number, 08281 BY, JEFFREY E HA VRAN, ESQUIRE Attorney j[) Number, 78840 425 Spruce St. PO Box 590 SctZlnton PA 18501 (570) 343-1197 A TTORNEY FOR DEFENDANTS - ANTHONY SCICCHITANO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. (') C ?-:". r-> = = CJ' <- ~ and (:e.:" -S:;:,"-. JURY TRIAL DEMANDer.> ::~I .-( ~ o ." s:J:n me- -ern :p!:? ~J~ ;~;~ ~'~ ,,~ __.1 ~:>::': "U -< CIVIL ACTION - ~W TIMOTHY P. FARRELL, M.D. , (J1 QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. C) o -' Defendants. NO. 03 - 5661 CIVIL JOINT MOTION TO EXTEND DISCOVERY AND EXPERT REPORT DEADLINES AND NOW COMES, the above parties, jointly, by and through their various attorneys and hereby move this Honorable Court as follows: I, The present matter is a medical malpractice filed against Timothy p, Farrell, M.D. and his radiology group by Mr. Scicchitano wherein it is alleged that Dr. Farrell failed to diagnosis a fractured wri st 2, On or about April 7, 2005, the undersigned appeared before the Honorable Kevin A. Hess for a Case Management Conference at which time various deadlines were set A true and correct copy of said Order is attached hereto as Exhibit "A", , 3, The within parties have attempted to comply with said deadlines but due to unforeseen circumstances and various scheduling conflicts they have been unable to complete discovery within the deadline period. 4, The within parties jointly request this Honorable Court extend the discovery deadline and expert report deadline for thirty (30) days or until July 7, 2005 to complete same, 5, A Stipulation of Counsel to extend same is attached hereto as Exhibit "B" Respectfully submitted, FINE, WYATT & CAREY, P.c. NA VITSKY, OLSON & WISNESKI,LLP ~ ./ ../ -4-) RI HARD G. FINE, ESQUIRE 1'--- MICHAEL J, NA VITSKY Attorney for Plaintiff JEFF Y E HAVRAN, ESQUIRE Attorneys for Defendants Jun 10 05 _0_3,_:_3,I,_~ _,___N_a_ Vl' tsku 01 W' .0::. w s,~n_, !sneski 7175419206 ",.2 . 3. The within parties have attempted to comply with said deadlines but due to unforeseen circwnstances and various scheduling conflicts they have been unable to complete discovery within the deadline period. 4, The within parties jointly request this Honorable ColJrt extend the discovery deadline aDd expert report deadline for thirty (30) days or until July 7, 2005 to complete same. 5. A Stipulation of Counsel 10 extend same is attached hereto as Exhibit "B" Respectfully submitted, FINE, WYATT & CAREY. p.e. ~ ./ ../ A -) -- R HARD G. FINE, ESQUIRE JEFF Y E HAVRAN, ESQUIRE Attorneys for Defendants . EXHIBII "A" { qt;;:)t( ANDREW SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. CIVIL ACTION - LAW NO. 03-5661 CIVIL TIMOTHY P. FARRELL, M.D. and : QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED ORDER AND NOW, this 1- day of April, 2005, following conference with counsel in chambers, it is ordered and directed that the parties adhere to the following case management order: 1. The defense expert report shall be forthcoming within sixty (60) days and in default thereof plaintiff may request sanctions. ~ 2. Both the plaintiff's and defendants' depositions shall be conducted within sixty (60) days. The completion of discovery within sixty (60) days hereof will provide time for counsel to list this matter for trial during the September term of court commencing on September 19, 2005, and for said purposes counsel are attached. BY THE COURT, Michael J. Navitsky, Esquire For the Plaintiff ./l~ Jeffrey Havran, Esquire For the Defendants TRUE COPY FROM ReCORD ~ TestlmOOywilareof, I here unto set my haRd 'd t I of; at CarJlsIe,~ .~ .(~ EXHIBII "B" 05/19/05 16:06 FAX 3439538 FINE. WYATT. &CAREY @002 , FINE. WYA1T & CAREY. P.e. BY: RICHARD G. FINE. ESQUIRE Attorney lD Nwnber: 08281 BY: JEFFREY E. HAVRAN. ESQUIRE Attorney ID Number: 78840 425 Spruce SI. PO Box 590 Scranton PA 18501 (570) 343-1/97 ANTHONY SCICCHITANO, A1TORNEYS FOR DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03-5661 CIVIL STIPULATION OF COUNSEL TO EXTEND DISCOVERY/EXPERT REPORT DEADLINE AND DEPOSITION DATE It is hereby stipulated and agreed among counsel for the parties herein to extend the deadline for discovery/expert reports along with the deposition date by thirty (30) days or until July 7, 2005. both for the Plaintiffs and for the Defendants to respond. This stipulation shall be submitted to the Court for approval. Respectfully submitted: MlCHAEL J. VITSKY, ES Attorneys for the Plaintiff 05/19/05 16:06 FAX 3439538 FINE. WYATT. &C.\REY 141003 FINE, WYATT & CAREY, P.C. ~ .L, I)~ R1 G. FINE, ESQUlRE JEFFREY E. HAVRAN, ESQUIRE Attorneys for Defendants ORDER AND NOW, this _ day of . 2005 the above Stipulation is approved and the scheduling for discovery, expert report and deposition date 3o-day extension is amended accordingly. BY THE COURT: J. FINE, WYATT& CAREY,P.C. BY: RICHARD G. FINE, ESQUIRE Attorney ID Number: 0828/ BY: JEFFREY E. HAVRAN, ESQUIRE Attorney ID Number: 78840 425 Spruce Sf. PO Box 590 Scranton PA 18501 (570) 343-1197 ATTORNrlY FOR DEFENDANTS IN THE~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ANTHONY SCICCHITANO, Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03 - 5661 CIVIL CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2~ As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, I certify that: (I) a Notice oflntent 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 oflntent, 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 oflntent to serve the subpoena. DATE:";! J..I fJ J , ,...._~, t 1j::,~:RE~' P.C. JEFFPji~. HAVRAN, ~E BY: FINE, WYATT & CAREY, P.C. BY: RICHARD G. FINE. ESQUIRE Attorney 10 Number: 08287 BY: JEFFREY E. HAVRAN, ESQUIRE Attorney 10 Number: 78840 425 Spruce Sf. PO Box 590 Scranton P A 78507 (570) 343-1197 ATTORNEY FOR DEFENDANTS ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, Ys. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03 - 5661 CIVIL NOTICE OF INTENT TO SERVE A SU8POENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I. JEFFREY E. HA VRAN. ESQUIRE, intend to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the und'~rsigned an objection to the subpoena. If no objection is made the subpoena may be served. - "\. Y . HA VRAN:ESGuIRE Date: [p1;)."I Ie 5 r CERTIFICATE OF SERVICE I, JEFFREY E. HAVRAN hereby certify that I have seNed a true and correct copy of a Notice of Intent and proposed Subpoena(s) on the 29th day of June. 2005 by U.S. First Class Mail, postage prepaid, on the following counsel of record: Michael J. Navitsky, Esquire 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 FINE, WYATT & CARrY, P.C. "\ . HAVRM. t:::>6UIRE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANTHONY SCICCHITANO Plaintiff vs. TIMOTHY P. FARRELL, M.D. and QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. File No. 03-5661 CIVIL Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Sacred Heart Hospital, Medical Record Dept.. 421 West Chew Street, (Name of Person or Entity) Allentown, PA H:SlUL Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, bills, including but: not limited to test results, films, reports, scans, physician orders, and note,s and/or nursing records and/or notes with regard to Anthony J. Scicchitano, DOB: 02-10-83, SSN: 204-62-4731 ~ FINE, WYATT & CAREY, P.D., 425 Spruce Street, 4th Fl., Scranton, PA 18503 (Address) 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. TillS SUBPOENA WAS ISSUED AT TIlE REQUEST OF THE FOLLOWIl"-JG PERSON: NAME: JEFFREY E. HAVRAN, ESQ. ADDRESS: FINE, WYATT & CAREY,P.C. P.O. Box 590 Scranton, PA 18501-0590 TELEPHONE: (570) 343-1197 SUPREME COURT ill # 78840 ATTORNEY FOR: Defendants Date:'-- )/1.Jt= ,,2"~ ~~ Seal of the Co COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANTHONY SCICCHITANO Plaintiff vs. FileNo. 03-.5661 CIVIL TIMOTHY P. FARRELL, M.D. and QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Seidle Hospital Pinnaclehe.alth 1?() ~ li'i 1 h~T"r Sr"'~Dr ~Qol"'n~nl.t"'Q'hl1"'g' PA 17n55-h59' . (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: Any and all medical records, bills, including but not limited LO test results, films, reports, scans, physician orders, and notes and/or nursing records and/or notes with regard to Anthony J. Scicchitano, DOB: 02-10-83, SSN: 204-62-4731 at FINE, WYATT & CAREY, P.C., 425 Spruce Street, 4th Fl., Scranton, PA 18503 (Address) 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: N~: JEFFREY E. HAVRAN, ESQ. ADDRESS: FINE, WYATT & CAREY, P.C. P.O. Box 590 Scranton, PA 18501-0590 TELEPHONE: (570) 343-1197 SUPREME COURT ill # 78840 ATTORNEY FOR: Defendants BY Prothonotary. Civil ~i) Date: .... )'1 . v:- ~ ~ .;2 l3(,~ Seal of the Co <..... COMMONWEALTH OF PENNSYL VANlA COUNTY OF CUMBERLAND ANTHONY SCICCHITANO Plaintiff vs. FileNo. 03-,5661 CIVIL TIMOTHY P. FARRELL, M.D. and QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Records Custodian, Orthopedic Institute of PA TO: 875 Poplar Church Road, Camp Hill, PA 17011 (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: Any and all medical records, bills, including but not limited to test results, films, reports, scans, physician orders, and notes and/or nursing records and/or notes with regard to Anthony J. Scicchitano, DOB: 02-10-83, SSN: 204-62-4731 at FINE, WYATT & CAREY, P.C, 425 Spruce Street, 4th Fl., Scranton, PA 18503 (Address) 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: JEFFREY E. HAVRAN, ESQ. ADDRESS: FINE, WYATT & CAREY, P.C. P.O. Box 590 Scranton. PA 18501-0590 TELEPHONE: (570) 343-1197 SUPREME COURT ill # 78840 ATTORNEY FOR: Defendants Date: ...j'I., P .;}~ ::JOt5JS Seal of the Co C) 1'<' C) .::=> c.-; ---r I , '- ---\ -c- --,:: c-- f:1. , f' #, () - - t;.? \ (::~ -<. ANTHONY SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA V. No. 03-5661 Civil O~~~n,\~ i, 1 ~l.1~~~o! \Ul.,""~:'l TIMOTHY P. FARRELL, M.D., and CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR A SECOND CASE MANAGEMENT CONFERENCE PURSUANT TO PA. R.c.P. l042.4l AND NOW, comes, the Plaintiff, Anthony Scicchitano, by his attorneys Navitsky, Olson & Wisneski LLP, to hereby Petition this Honorable Court to schedule a second case management conference in the above-captioned case for the following reasons: 1. Mr. Scicchitano initiated this case against Defendant Dr. Farrell and his radiology group by the filing of a Writ of Summons in October, 2003. A Complaint was filed against Dr. Farrell and his group in December of2003 and a Certificate of Merit was filed in February of2004. 2. Essentially, Plaintiff alleges that the Defendant failed to diagnose a fractured wrist on January 12,2002. Dr. Farrell observed no evidence of a fracture on x-ray. The wrist was clearly and quite obviously fractured. The wrong diagnosis allowed the broken bones to heal inappropriately and when the fracture was ultimately diagnosed in May of2002, Mr. Scicchitano had to have his wrist surgically rebroken and then set. This caused him great pain and has left him with continuing problems with the wrist. 3. Plaintiff has provided the defense with Mr. Scicchitano's medical records, particularly those records of the primary treating orthopedic surgeon, Dr. Stephen Dailey. Dr. Daily reviewed the films that had been wrongly interpreted by Dr. Farrell and reported as much in his records. It is as a result ofthese misread films that Mr. Scicchitano's fractures were allowed to heal improperly and therefore required surgical repair. 4. Additionally, Plaintiff has submitted to defense a medical expert report authored by Dr. Mark Bohlman, who is the Chief of Radiology at Johns Hopkins Medical Center, Bayview. That report was provided to the defense in May of2004. 5. A status conference was held in this case on April 7, 2005. A copy of the Order is attached hereto as Exhibit A. 6. Defendants request an extension oftime to produce an expert rep0l1 until July 7, 2005. A copy of the Order is attached hereto as Exhibit B. 7. Plaintiff was deposed on December 27,2005. 8. Defendants have represented to counsel for Plaintiff that they will stipulate to liability and that the only issue for trial is damages. 9. Defendants have not provided any expert report regarding damages and are now precluded from doing so. 10. A Status Conference is requested to list this case for trial on damages only/or to order mandatory mediation. Respectfully submitted, Date: 512/00 ANDREW SCICCHITANO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-5661 CIVIL TIMOTHY P. FARRELL, M.D. and: QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED ORDER AND NOW, this l' day of April, 2005, following conference with counsel in chambers, it is ordered and directed that the parties adhere to the following case management order: 1. The defense expert report shall be forthcoming within sixty (60) days and in default thereof plaintiff may request sanctions. 2. Both the plaintiffs and defendants' depositions shall be conducted within sixty (60) days. The completion of discovery within sixty (60) days hereof will provide time for counsel to list this matter for trial during the September term of court commencing on September 19, 2005, and for said purposes counsel are attached. BY THE COURT, Michael J. Navitsky, Esquire F or the Plaintiff ./l~ Jeffrey Havran, Esquire For the Defendants TRUE COPY FROM RECORD m 19StlmOl1y 'o1I\'la.&ol. I here unto set my hatId .J the ~a'1 01 Sa! at ~rllSle~ Ihl EXHIBIT R RECEIVED JUN 16 Z005F ./ ~ ANTHONY SCICCHITANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION - LAW TIMOTHY P. FARRELL, M.D. and JURY TRIAL DEMANDED QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. NO. 03 - 5661 CIVIL ORDER AND NOW, this ~Oihday of jl..Uje ,2005, it is hereby ORDERED AND DECREED that upon Stipulation and Joint Motion of Counsel, the Discovery Deadline and Expert Deadline in the above-captioned matter is extended thirty (30) days or until July 7, 2005. BY THE COURT: ISJ~m ~L 1. I EXHIBIT 6 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that 1 am this d!'t!l-day of May, 2006 serving a true and correct copy of the Plaintiff's Petition for a Second Case Management Conference Pursuant to PA. RC.P. l042.41 upon all counsel ofrecord via postage prepaid first class United States mail addressed as follows: Richard G. Fine, Esquire Fine, Wyatt & Carey, P.C. 425 Spruce Street P.O. Box 590 Scranton, P A 18501 Counsel for Defendant '''-.. <-j '--1/ ., ~ )~--'> 11 LUcUl>,\ Jessie K. Walsh ANTHONY SCICCHITANO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA ~ v. : No. 03-5661 Civil OR'~~~,ry/\ ~ 'WJUitJ ,.,~' _'".__~ TIMOTHY P. FARRELL, M.D., and CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED ORDER AND NOW, considering the foregoing Plaintiffs Motion for a Case Management Conference Pursuant to PA. R.c.P. 1042.41; IT IS HEREBY ORDERED, that a Case Management Conference is scheduled to be held in Chambers on the I,/J'C day of F-, 2006 at;l ~()(j 0' clock ~.M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: -7(~' /! J / J \iINVI'il\SNN::Jd I 'N'I"1r--'... ,~~" "I1} ......"";I~ln"'l f\.l . t :t,)"..i ',:": / ,"'J.-:.:t~rY ~r V 90 :" WlJ 6 - A VW 900l Al:lV10NOH10dd 3Hl ,jO 301.:l:1O-03ll:J --_...-,... PRAECIPE FOR LISTING CASE FOR TRIAL . (Must be typewritten and sutrnitted in duplicate) TO THE PlUI'HCNYl'ARY OF CUMBERLAl'D COUNI'Y "ORIGINAL Please list the following case: (Check one) x for JURY trial at the next term of civil court. for trial witlx>ut a jury. CAPTION OF CASE (entire caption must be stated in full) Ant.lo1y Scicdrl.tano (check one) (x) Civil Action - Law Appeal frem Arbitration ( (other) (Plaintiff) vs. Timothy P. Farren. M.D. and Quantum lJIBging & 'lberapeutic 1\ssociates The trial list will be called on 1IIIIIIiI Aug. 22. 2006 Trials comrence on Sept. 18, 2006 (Defendant) Pretrials will be held on Aug. 30. 2006 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No 03-5661 C' . 1 . ~v~ 19 Indicate the attorney who will try case for the party who files this praecipe: Counse1 for Plaintiff. Michael J. Navitsky. ESq. Indicate trial counsel for other parties if known: Richard G. Fine. Esq.. Fine. Wyatt & Carey. P.C.. 425 Spruce Street. P.O. Box 590 Scranton. PA 18501 Print Narre: This case is ready for trial. Signed: Date: 6--8--{)6 Plaintiff Attorney for: < .-.."....1 ANTHONY SCICCHITANO. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNA v. : No. 03-566l Civil TIMOTHY P. FARRELL. M.D., and CIVIL ACTION - LAW QUANTUM IMAGING & THERAPEUTIC: ASSOCIATES. INC., Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm ofNavitsky, Olson & Wisneski LLP. do hereby certify that I am this ~y of June, 2006 serving a true and correct copy of the Certificate of Readiness for Trial upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard G. Fine. Esquire Fine, Wyatt & Carey, P.C. 425 Spruce Street P.O. Box 590 Scranton, PA l850l Counsel for Defendant ~~A'..~LJ~ Jessie K. Walsh ",1''''''- .. , 0 ,...., 0 "'" c-; .,:::.:;. -j'1 < ,;:r- ..... :r:. -n InC. "":'1\\' - ;?,~~;, v) ??~ [~~~, -'-'" - P' - :Q. -J ANTHONY SCICCHITANO, Plaintiff, vs. TIMOTHY P. FARRELL, M.D. and QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC. Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 03 - 5661 CIVIL PRAECIPE FOR DISCONTINUANCE Kindly mark the above-captioned action settled, discontinued and ended, with prejudice. n . ENTRY OF DISCONTINUANCE The above-captioned action is hereby marked settled, discontinued and ended, with prejudice. BY (J~..' . / 'ORlon:\C, Il~\.... ,__.J. ---' '" f\;, Z~ <.--..,i' ',"<.1 -~ ~' '."Y